[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2410 Referred in Senate (RFS)]

111th CONGRESS
  1st Session
                                H. R. 2410


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 22, 2009

Received; read twice and referred to the Committee on Foreign Relations

_______________________________________________________________________

                                 AN ACT


 
 To authorize appropriations for the Department of State and the Peace 
Corps for fiscal years 2010 and 2011, to modernize the Foreign Service, 
 to authorize democratic, economic, and social development assistance 
 for Pakistan, to authorize security assistance for Pakistan, and for 
                            other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

DIVISION A--FOREIGN RELATIONS AUTHORIZATION ACT, FISCAL YEARS 2010 AND 
                                  2011

SECTION 1. SHORT TITLE.

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

SEC. 2. TABLE OF CONTENTS.

    The table of contents for this Act is as follows:

DIVISION A--FOREIGN RELATIONS AUTHORIZATION ACT, FISCAL YEARS 2010 AND 
                                  2011

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. Repatriation loans.
Sec. 205. Eligibility in certain circumstances for an agency of a 
                            foreign government to receive a reward 
                            under the Department of State rewards 
                            program.
        Subtitle B--Public Diplomacy at the Department of State

Sec. 211. Concentration of public diplomacy responsibilities.
Sec. 212. Establishment of Public Diplomacy Reserve Corps.
Sec. 213. Enhancing United States public diplomacy outreach.
Sec. 214. Public diplomacy resource centers.
Sec. 215. Grants for international documentary exchange programs.
Sec. 216. United States Advisory Commission on Public Diplomacy.
Sec. 217. Special Olympics.
Sec. 218. Extension of program to provide grants to American-sponsored 
                            schools in predominantly Muslim countries 
                            to provide scholarships.
Sec. 219. Central Asia scholarship program for public policy 
                            internships.
Sec. 220. United States-South Pacific Scholarship Program.
Sec. 221. Scholarships for indigenous peoples of Mexico and Central and 
                            South America.
Sec. 222. United States-Caribbean Educational Exchange Program.
Sec. 223. Exchanges between Sri Lanka and the United States to promote 
                            dialogue among minority groups in Sri 
                            Lanka.
Sec. 224. Exchanges between Liberia and the United States for women 
                            legislators.
Sec. 225. Public diplomacy plan for Haiti.
Sec. 226. Transfer of the Vietnam Education Foundation to the 
                            Department of State.
Sec. 227. Exchanges between Afghanistan and the United States for women 
                            legislators.
           Subtitle C--Consular Services and Related Matters

Sec. 231. Permanent authority to assess passport surcharge.
Sec. 232. Sense of Congress regarding additional consular services in 
                            Moldova.
Sec. 233. Reforming refugee processing.
Sec. 234. English language and cultural awareness training for approved 
                            refugee applicants.
Sec. 235. Iraqi refugees and internally displaced persons.
Sec. 236. Videoconference interviews.
Sec. 237. Tibet.
Sec. 238. Processing of certain visa applications.
Sec. 239. Report on special immigrant programs for certain nationals of 
                            Iraq and Afghanistan.
Sec. 240. Study regarding use of passports for overseas voting and 
                            census.
Subtitle D--Strengthening Arms Control and Nonproliferation Activities 
                       at the Department of State

Sec. 241. Findings and sense of Congress on the need to strengthen 
                            United States arms control and 
                            nonproliferation capabilities.
Sec. 242. Authorization of additional arms control and nonproliferation 
                            positions.
Sec. 243. Additional authority of the Secretary of State.
Sec. 244. Additional flexibility for rightsizing arms control and 
                            nonproliferation functions.
Sec. 245. Arms control and nonproliferation rotation program.
Sec. 246. Arms control and nonproliferation scholarship program.
Sec. 247. Scientific advisory committee.
           TITLE III--ORGANIZATION AND PERSONNEL AUTHORITIES

        Subtitle A--Towards Modernizing the Department of State

Sec. 301. Towards a more modern and expeditionary Foreign Service.
Sec. 302. Quadrennial review of diplomacy and development.
Sec. 303. Establishment of the Lessons Learned Center.
Sec. 304. Locally employed staff compensation.
Sec. 305. Increasing the capacity of the Department of State to respond 
                            to 
                            crises.
       Subtitle B--Foreign Service Pay Equity and Death Gratuity

Sec. 311. Short title.
Sec. 312. Overseas comparability pay adjustment.
Sec. 313. Death gratuity.
          Subtitle C--Other Organization and Personnel Matters

Sec. 321. Transatlantic diplomatic fellowship program.
Sec. 322. Security officers exchange program.
Sec. 323. Suspension of Foreign Service members without pay.
Sec. 324. Repeal of recertification requirement for Senior Foreign 
                            Service.
Sec. 325. Limited appointments in the Foreign Service.
Sec. 326. Compensatory time off for travel.
Sec. 327. Reemployment of Foreign Service annuitants.
Sec. 328. Personal services contractors.
Sec. 329. Protection of intellectual property rights.
Sec. 330. Department of State employment composition.
Sec. 331. Contracting.
Sec. 332. Legislative liaison office of the Department of State.
Sec. 333. Discrimination related to sexual orientation.
Sec. 334. Office for Global Women's Issues.
Sec. 335. Foreign Service victims of terrorism.
Sec. 336. Broadening experience within the Foreign Service.
                 TITLE IV--INTERNATIONAL ORGANIZATIONS

                  Subtitle A--International Leadership

Sec. 401. Short title.
Sec. 402. Promoting assignments to international organizations.
Sec. 403. Implementation and establishment of office on multilateral 
                            negotiations.
Sec. 404. Synchronization of United States contributions to 
                            international organizations.
Sec. 405. United States arrearages to the United Nations.
                     Subtitle B--General Provisions

Sec. 411. Organization of American States.
Sec. 412. Peacekeeping operations contributions.
Sec. 413. Pacific Islands Forum.
Sec. 414. Review of activities of international commissions.
Sec. 415. Enhancing nuclear safeguards.
Sec. 416. Implementation of recommendations of Commission on the 
                            Prevention of Weapons of Mass Destruction 
                            Proliferation and Terrorism.
Sec. 417. Asia-Pacific Economic Cooperation.
Sec. 418. Implementing an international nuclear fuel bank.
           TITLE V--UNITED STATES INTERNATIONAL BROADCASTING

Sec. 501. Authorization of appropriations for international 
                            broadcasting.
Sec. 502. Personal services contracting program.
Sec. 503. Radio Free Europe/Radio Liberty pay parity.
Sec. 504. Employment for international broadcasting.
Sec. 505. Domestic release of the Voice of America film entitled ``A 
                            Fateful Harvest''.
Sec. 506. Establishing permanent authority for Radio Free Asia.
                         TITLE VI--PEACE CORPS

Sec. 601. Findings; statement of policy.
Sec. 602. Amendments to the Peace Corps Act.
Sec. 603. Report.
   TITLE VII--SENATOR PAUL SIMON STUDY ABROAD FOUNDATION ACT OF 2009

Sec. 701. Short title.
Sec. 702. Findings.
Sec. 703. Purposes.
Sec. 704. Definitions.
Sec. 705. Establishment and management of the Senator Paul Simon Study 
                            Abroad Foundation.
Sec. 706. Establishment and operation of program.
Sec. 707. Annual report.
Sec. 708. Powers of the Foundation; related provisions.
Sec. 709. General personnel authorities.
Sec. 710. GAO review.
Sec. 711. Authorization of appropriations.
       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.
Sec. 832. Report on certain aspects of United States export controls.
                  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. Sense of Congress on the global arms trade.
Sec. 845. Report on United States' commitments to the security of 
                            Israel.
Sec. 846. War Reserves Stockpile.
Sec. 847. Excess defense articles for Central and South European 
                            countries and certain other countries.
Sec. 848. Support to Israel for missile defense.
           TITLE IX--ACTIONS TO ENHANCE THE MERIDA INITIATIVE

                     Subtitle A--General Provisions

Sec. 901. Coordinator of United States Government activities to 
                            implement the Merida Initiative.
Sec. 902. Adding the Caribbean to the Merida Initiative.
Sec. 903. Merida Initiative monitoring and evaluation mechanism.
Sec. 904. Merida Initiative defined.
Subtitle B--Prevention of Illicit Trade in Small Arms and Light Weapons

Sec. 911. Task force on the prevention of illicit small arms 
                            trafficking in the Western Hemisphere.
Sec. 912. Increase in penalties for illicit trafficking in small arms 
                            and light weapons to countries in the 
                            Western Hemisphere.
Sec. 913. Department of State rewards program.
                    TITLE X--REPORTING REQUIREMENTS

Sec. 1001. Assessment of Special Court for Sierra Leone.
Sec. 1002. Report on United States capacities to prevent genocide and 
                            mass atrocities.
Sec. 1003. Reports relating to programs to encourage good governance.
Sec. 1004. Reports on Hong Kong.
Sec. 1005. Democracy in Georgia.
Sec. 1006. Diplomatic relations with Israel.
Sec. 1007. Police training report.
Sec. 1008. Reports on humanitarian assistance in Gaza.
Sec. 1009. Report on activities in Haiti.
Sec. 1010. Report on religious minority communities in the Middle East.
Sec. 1011. Iran's influence in the Western Hemisphere.
Sec. 1012. Recruitment and hiring of veterans at the Department of 
                            State and United States Agency for 
                            International Development.
Sec. 1013. Report on child abduction.
Sec. 1014. Report on effects of Buy America Act waivers under the 
                            PEPFAR program.
Sec. 1015. Report on United States-Brazil Joint Action Plan to 
                            Eliminate Racial Discrimination.
Sec. 1016. Report on reducing smuggling and trafficking in persons.
Sec. 1017. Report on Western Hemisphere Travel Initiative.
Sec. 1018. Report on United States contributions to the United Nations.
                   TITLE XI--MISCELLANEOUS PROVISIONS

                     Subtitle A--General Provisions

Sec. 1101. Bilateral commission with Nigeria.
Sec. 1102. Authorities relating to the Southern Africa Enterprise 
                            Development Fund.
Sec. 1103. Diabetes treatment and prevention and safe water and 
                            sanitation for Pacific Island countries.
Sec. 1104. Statelessness.
Sec. 1105. Statement of Policy Regarding the Ecumenical Patriarchate.
Sec. 1106. Limitation on assistance for weather cooperation activities 
                            to countries in the Americas.
Sec. 1107. Statement of Congress regarding Afghan women.
Sec. 1108. Global Peace Operations Initiative programs and activities.
Sec. 1109. Freedom of the press.
Sec. 1110. Information for Country Commercial Guides on business and 
                            investment climates.
Sec. 1111. International protection of girls by preventing child 
                            marriage.
Sec. 1112. Statement of Congress regarding return of portraits of 
                            Holocaust victims to artist Dina Babbitt.
Sec. 1113. Statement of policy regarding Somalia.
Sec. 1114. Modernization and streamlining of United States foreign 
                            assistance.
Sec. 1115. Global hunger and food security.
Sec. 1116. Statement of Congress on the humanitarian situation in Sri 
                            Lanka.
Sec. 1117. Audit requirements for the Inspectors General of the 
                            Department of State, the Department of 
                            Defense, and the United States Agency for 
                            International Development, and the Special 
                            Inspector General for Afghanistan 
                            Reconstruction.
Sec. 1118. Global clean energy exchange program.
Sec. 1119. Alien repatriation.
Sec. 1120. Comprehensive interagency strategy and implementation plan 
                            for Sudan.
Sec. 1120A. Statement of policy regarding climate change.
                Subtitle B--Sense of Congress Provisions

Sec. 1121. Promoting democracy and human rights in Belarus.
Sec. 1122. Sense of Congress relating to Soviet nuclear tests and 
                            Kazakhstan's commitment to 
                            nonproliferation.
Sec. 1123. Sense of Congress on Holocaust-era property restitution and 
                            compensation.
Sec. 1124. Efforts to secure the freedom of Gilad Shalit.
Sec. 1125. Sense of Congress relating to Sudan.
Sec. 1126. Sense of Congress on restrictions on religious freedom in 
                            Vietnam.
Sec. 1127. Sense of Congress relating to the murder of United States 
                            Air Force Reserve Major Karl D. Hoerig and 
                            the need for prompt justice in State of 
                            Ohio v. Claudia C. Hoerig.
Sec. 1128. Sense of Congress regarding pension payments owed by the 
                            states of the former Soviet Union.
Sec. 1129. Sense of Congress relating to Israel's right to self-
                            defense.
Sec. 1130. International prevention and elimination of child soldiers.
                     DIVISION B--PEACE ACT OF 2009

Sec. 1. Short title and table of contents.
Sec. 2. Definitions.
Sec. 3. Findings.
Sec. 4. Declaration of principles.
 TITLE I--DEMOCRATIC, ECONOMIC, AND SOCIAL DEVELOPMENT ASSISTANCE FOR 
                                PAKISTAN

Sec. 101. Purposes of assistance.
Sec. 102. Authorization of assistance.
Sec. 103. Multilateral support for Pakistan.
Sec. 104. Pakistan democracy and prosperity fund.
Sec. 105. Authorization of appropriations.
               TITLE II--SECURITY ASSISTANCE FOR PAKISTAN

Sec. 201. Sense of Congress.
Sec. 202. Purposes of assistance.
Sec. 203. Authorization of assistance.
Sec. 204. Pakistan Counterinsurgency Capability Fund.
Sec. 205. Exchange program between military and civilian personnel of 
                            Pakistan and certain other countries.
Sec. 206. Limitation on United States military assistance to Pakistan.
Sec. 207. Authorization of appropriations.
                  TITLE III--MISCELLANEOUS PROVISIONS

Sec. 301. Comprehensive regional security strategy.
Sec. 302. Monitoring and evaluation of assistance.
Sec. 303. Auditing.
Sec. 304. Requirements for civilian control of United States assistance 
                            for Pakistan.
Sec. 305. Sense of Congress.
Sec. 306. Reports.
Sec. 307. Sunset.
  TITLE IV--DUTY-FREE TREATMENT FOR CERTAIN GOODS FROM RECONSTRUCTION 
             OPPORTUNITY ZONES IN AFGHANISTAN AND PAKISTAN

Sec. 401. Short title.
Sec. 402. Definitions; Purposes.
Sec. 403. Designation of Reconstruction Opportunity Zones.
Sec. 404. Duty-free treatment for certain nontextile and nonapparel 
                            articles.
Sec. 405. Duty-free treatment for certain textile and apparel articles.
Sec. 406. Protections against unlawful transshipment.
Sec. 407. Technical assistance, capacity building, compliance 
                            assessment, and remediation program.
Sec. 408. Petition process.
Sec. 409. Limitations on providing duty-free treatment.
Sec. 410. Termination of benefits.
Sec. 411. Customs user fees.

SEC. 3. APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.

    Except as otherwise provided in this division, the term 
``appropriate congressional committees'' means the Committee on Foreign 
Affairs of the House of Representatives and the Committee on Foreign 
Relations of the Senate.

                TITLE I--AUTHORIZATION OF APPROPRIATIONS

SEC. 101. ADMINISTRATION OF FOREIGN AFFAIRS.

    The following amounts are authorized to be appropriated for the 
Department of State under ``Administration of Foreign Affairs'' to 
carry out the authorities, functions, duties, and responsibilities in 
the conduct of foreign affairs of the United States, and for other 
purposes authorized by law:
            (1) Diplomatic and consular programs.--
                    (A) Authorization of appropriations.--For 
                ``Diplomatic and Consular Programs'' $7,312,016,000 for 
                fiscal year 2010, and such sums as may be necessary for 
                fiscal year 2011.
                    (B) Worldwide security protection.--In addition to 
                the amounts authorized to be appropriated by 
                subparagraph (A), $1,648,000,000 for fiscal year 2010, 
                and such sums as may be necessary for fiscal year 2011 
                are authorized to be appropriated for worldwide 
                security protection.
                    (C) Public diplomacy.--Of the amounts authorized to 
                be appropriated under subparagraph (A), $500,278,000 
                for fiscal year 2010, and such sums as may be necessary 
                for fiscal year 2011 are authorized to be appropriated 
                for pubic diplomacy.
                    (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'', $160,000,000 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'', 
                $633,243,000 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 subparagraph (A), 
                $750,000 for fiscal year 2010 and $800,000 for fiscal 
                year 2011 are authorized to be appropriated to carry 
                out the Tibetan scholarship program established under 
                section 103(b)(1) of the Human Rights, Refugee, and 
                Other Foreign Relations Provisions Act of 1996 (Public 
                Law 104-319; 22 U.S.C. 2151 note).
                    (C) Ngawang choepel exchange programs.--Of the 
                amounts authorized to be appropriated under 
                subparagraph (A), such sums as may be necessary are 
                authorized to be appropriated for each of fiscal years 
                2010 and 2011 for the ``Ngawang Choepel Exchange 
                Programs'' (formerly known as ``programs of educational 
                and cultural exchange between the United States and the 
                people of Tibet'') under section 103(a) of the Human 
                Rights, Refugee, and Other Foreign Relations Provisions 
                Act of 1996 (Public Law 104-319; 22 U.S.C. 2151 note).
            (5) Civilian stabilization initiative.--For ``Civilian 
        Stabilization Initiative'', $323,272,000 for fiscal year 2010, 
        and such sums as may be necessary for fiscal year 2011.
            (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, 
                $27,159,000 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 $21,000,000 for fiscal 
                year 2010 and $25,000,000 for fiscal year 2011 for 
                ``Protection of Foreign Missions and Officials'' to be 
                used only to reimburse State and local governments for 
                necessary expenses incurred since 1998 for the 
                protection of foreign missions and officials and 
                recognized by the United States.
            (8) Emergencies in the diplomatic and consular service.--
        For ``Emergencies in the Diplomatic and Consular Service'', 
        $10,000,000 for fiscal year 2010, and such sums as may be 
        necessary for fiscal year 2011.
            (9) Repatriation loans.--For ``Repatriation Loans'', 
        $1,450,000 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'', $21,174,000 
        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'', $105,500,000 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), $30,000,000 is 
                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), $23,000,000 is 
                authorized to be for the Special Inspector General for 
                Afghanistan Reconstruction.

SEC. 102. INTERNATIONAL ORGANIZATIONS.

    (a) Assessed Contributions to International Organizations.--There 
are authorized to be appropriated for ``Contributions to International 
Organizations'', $1,797,000,000 for fiscal year 2010, and such sums as 
may be necessary for fiscal year 2011, for the Department of State to 
carry out the authorities, functions, duties, and responsibilities in 
the conduct of the foreign affairs of the United States with respect to 
international organizations and to carry out other authorities in law 
consistent with such purposes.
    (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.

SEC. 103. INTERNATIONAL COMMISSIONS.

    The following amounts are authorized to be appropriated under 
``International Commissions'' for the Department of State to carry out 
the authorities, functions, duties, and responsibilities in the conduct 
of the foreign affairs of the United States and for other purposes 
authorized by law:
            (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'', $33,000,000 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'', $2,385,000 for fiscal year 2010, and such sums as 
        may be necessary for fiscal year 2011.
            (3) International joint commission.--For ``International 
        Joint Commission'', $7,974,000 for fiscal year 2010, and such 
        sums as may be necessary for fiscal year 2011.
            (4) International fisheries commissions.--For 
        ``International Fisheries Commissions'', $43,576,000 for fiscal 
        year 2010, and such sums as may be necessary for fiscal year 
        2011.

SEC. 104. MIGRATION AND REFUGEE ASSISTANCE.

    (a) Authorization of Appropriations.--There are authorized to be 
appropriated for ``Migration and Refugee Assistance'' for authorized 
activities $1,577,500,000 for fiscal year 2010, and such sums as may be 
necessary for fiscal year 2011.
    (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.

SEC. 105. CENTERS AND FOUNDATIONS.

    (a) Asia Foundation.--There are authorized to be appropriated for 
``The Asia Foundation'' for authorized activities, $20,000,000 for 
fiscal year 2010, and $23,000,000 for fiscal year 2011.
    (b) National Endowment for Democracy.--There are authorized to be 
appropriated for the ``National Endowment for Democracy'' for 
authorized activities, $100,000,000 for fiscal year 2010, and 
$115,000,000 for fiscal year 2011.
    (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.

        TITLE II--DEPARTMENT OF STATE AUTHORITIES AND ACTIVITIES

              Subtitle A--Basic Authorities and Activities

SEC. 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''.

SEC. 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 ``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 ``Secretary of 
        State''; and
            (4) in section 859(c) (22 U.S.C. 4071h(c))--
                    (A) by striking ``Secretary of the Treasury'' and 
                inserting ``Secretary of State''; and
                    (B) by striking ``and shall advise the Secretary of 
                State of'' and inserting ``that will provide''.

SEC. 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.

SEC. 204. REPATRIATION LOANS.

    Section 4 of the State Department Basic Authorities Act of 1956 (22 
U.S.C. 2671) is amended by adding at the end the following new 
subsection:
    ``(e) Under such regulations as the Secretary of State may 
prescribe, and in such amounts as are appropriated in advance, the 
Secretary is authorized to waive in whole or part the recovery of a 
repatriation loan under subsection (d) if it is shown that such 
recovery would be against equity and good conscience or against the 
public interest.''.

SEC. 205. ELIGIBILITY IN CERTAIN CIRCUMSTANCES FOR AN AGENCY OF A 
              FOREIGN GOVERNMENT TO RECEIVE A REWARD UNDER THE 
              DEPARTMENT OF STATE REWARDS PROGRAM.

    (a) Eligibility.--Subsection (f) of section 36 of the State 
Department Basic Authorities Act of 1956 (22 U.S.C. 2708(f)) is 
amended--
            (1) by striking ``(f) Ineligibility.--An officer'' and 
        inserting the following:
    ``(f) Ineligibility.--
            ``(1) In general.--Except as provided in paragraph (2), an 
        officer''; and
            (2) by adding at the end the following new paragraph:
            ``(2) Exception in certain circumstances.--The Secretary 
        may pay a reward to an officer or employee of a foreign 
        government (or any entity thereof) who, while in the 
        performance of his or her official duties, furnishes 
        information described in such subsection, if the Secretary 
        determines that such payment satisfies the following 
        conditions:
                    ``(A) Such payment is appropriate in light of the 
                exceptional or high-profile nature of the information 
                furnished pursuant to such subsection.
                    ``(B) Such payment may aid in furnishing further 
                information described in such subsection.
                    ``(C) Such payment is formally requested by such 
                agency.''.
    (b) Conforming Amendment.--Subsection (b) of such section (22 
U.S.C. 2708(b)) is amended in the matter preceding paragraph (1) by 
inserting ``or to an officer or employee of a foreign government in 
accordance with subsection (f)(2)'' after ``individual''.

        Subtitle B--Public Diplomacy at the Department of State

SEC. 211. CONCENTRATION OF PUBLIC DIPLOMACY RESPONSIBILITIES.

    Section 60 of the State Department Basic Authorities Act of 1956 
(22 U.S.C. 2732) is amended--
            (1) in subsection (b)(1), by inserting ``in accordance with 
        subsection (e),'' before ``coordinate''; and
            (2) by adding at the end the following new subsection:
    ``(e) Concentration of Public Diplomacy Responsibilities.--
            ``(1) In general.--The Secretary of State shall, subject to 
        the direction of the President, have primary responsibility for 
        the coordination described in subsection (b)(1), and shall make 
        every effort to establish and present to foreign publics 
        unified United States public diplomacy activities.
            ``(2) Quarterly meetings and ongoing consultations and 
        coordination.--
                    ``(A) In general.--The Secretary shall, subject to 
                the direction of the President, establish a working 
                group of the heads of the Federal agencies referred to 
                in subsection (b)(1) and should seek to convene such 
                group not less often than once every three months to 
                carry out the requirement specified in paragraph (1) of 
                this subsection.
                    ``(B) Chair and rotating vice chair.--The Secretary 
                shall serve as the permanent chair of the quarterly 
                meetings required under subparagraph (A). Each head of 
                a Federal agency referred to in subsection (b)(1) shall 
                serve on a rotating basis as the vice chair of each 
                such quarterly meeting.
                    ``(C) Initial meeting.--The initial meeting of the 
                working group established under subparagraph (A) shall 
                be not later than the date that is six months after the 
                date of the enactment of this subsection.
                    ``(D) Ongoing consultations and coordination.--The 
                Secretary and each head of the Federal agencies 
                referred to in subsection (b)(1) shall designate a 
                representative of each respective agency to consult and 
                coordinate with such other representatives on an 
                ongoing basis beginning not later than 30 days after 
                the initial meeting of the working group under 
                subparagraph (C) to carry out the requirement specified 
                in paragraph (1) of this subsection. The designee of 
                the Secretary shall have primary responsibility for 
                such ongoing consultations and coordination.
            ``(3) Reports required.--
                    ``(A) In general.--Except as provided in 
                subparagraph (D), each head of a Federal agency 
                referred to in subsection (b)(1) shall annually submit 
                to the President a report on the public diplomacy 
                activities of each such agency in the preceding year.
                    ``(B) Information sharing.--The President shall 
                make available to the Secretary the reports submitted 
                pursuant to subparagraph (A).
                    ``(C) Initial submissions.--The first annual 
                reports required under subparagraph (A) shall be 
                submitted not later than the date that is 1 year after 
                the date of the enactment of this subsection.
                    ``(D) Limitation.--Subparagraph (A) shall not apply 
                with respect to activities carried out pursuant to 
                section 167 of title 10, United States Code.''.

SEC. 212. ESTABLISHMENT OF PUBLIC DIPLOMACY RESERVE CORPS.

    (a) Finding.--Congress finds that currently a shortage of trained 
public diplomacy Foreign Service officers at the mid-career level 
threatens the effectiveness of United States outreach to publics 
abroad.
    (b) Sense of Congress.--It is the sense of Congress that--
            (1) the Foreign Service should recruit individuals with 
        professional experience relevant to public diplomacy, and 
        provide training and mentoring to cultivate their skills in 
        order to build up the corps of professionals in the public 
        diplomacy cone; and
            (2) apart from the public diplomacy cone, training of all 
        Foreign Service officers should include more information on 
        techniques of public diplomacy.
    (c) Establishment of Public Diplomacy Reserve Corps.--Section 301 
of the Foreign Service Act of 1980 (22 U.S.C. 3941) is amended by 
adding at the end the following new subsection:
    ``(e) Establishment of Public Diplomacy Reserve Corps.--
            ``(1) In general.--The Secretary of State is authorized to 
        establish in the Foreign Service a Public Diplomacy Reserve 
        Corps consisting of mid- and senior-level former Foreign 
        Service officers and other individuals with experience in the 
        private or public sector relevant to public diplomacy, to serve 
        for a period of 6 months to 2 years in postings abroad.
            ``(2) Prohibition on certain activities.--While actively 
        serving with the Reserve Corps, individuals may not engage in 
        activities directly or indirectly intended to influence public 
        opinion within the United States in the same manner and to the 
        same extent that employees of the Department of State engaged 
        in public diplomacy are so prohibited.''.

SEC. 213. ENHANCING UNITED STATES PUBLIC DIPLOMACY OUTREACH.

    (a) Findings.--Congress finds the following:
            (1) The platform strategy for United States public 
        diplomacy programs has changed dramatically with events of the 
        past decade. The United States Government used to operate 
        hundreds of free-standing facilities around the world, known as 
        ``American Centers'' or ``America Houses'', that offered venues 
        for cultural and educational events as well as access to books, 
        magazines, films, and other selected materials about the United 
        States. The consolidation of the United States Information 
        Agency (USIA) into the Department of State accelerated the 
        post-Cold War process of closing these facilities, and the 
        deadly attacks on United States embassies in Tanzania and Kenya 
        prompted the imposition of security requirements under law that 
        included co-locating United States Government employees in 
        hardened embassy compounds.
            (2) Information Resource Centers, which offer library 
        services and space for public events, that are now located in 
        embassy compounds allow limited access--and in some cases, none 
        whatsoever--by the public, and half of them operate on a ``by 
        appointment only'' basis. ``American Corner'' facilities, 
        operated by local contacts in university or public libraries in 
        some countries, are no substitute for a designated venue 
        recognized as a resource for information on United States 
        culture and education staffed by a knowledgeable representative 
        of the embassy.
    (b) Partnership Arrangements To Further Public Diplomacy and 
Outreach.--Recognizing the security challenges of maintaining free-
standing public diplomacy facilities outside of embassy compounds, the 
Secretary of State shall consider new partnership arrangements with 
local or regional entities in foreign countries that can operate free-
standing American Centers in areas well-trafficked by a cross-section 
of people in such countries, including in downtown storefronts, health 
care clinics, and other locations that reach beyond library patrons and 
university students. Where such partnership arrangements currently 
exist, the Secretary shall evaluate the efficacy of such partnership 
arrangements and determine whether such partnership arrangements can 
provide a model for public diplomacy facilities outside of embassy and 
consulate compounds elsewhere. Not later than 180 days after the date 
of the enactment of this Act, the Secretary shall brief the appropriate 
congressional committees on the evaluation and determinations described 
in the preceding sentence.
    (c) Establishment of Certain Public Diplomacy Facilities.--After 
taking into account relevant security needs, the Secretary of State 
shall consider placing United States public diplomacy facilities at 
locations that maximize the role of such facilities in the educational 
and cultural life of the cities in which such facilities are located, 
and help build a growing constituency for such facilities, in 
accordance with the authority given to the Secretary under section 
606(a)(2)(B) of the Secure Embassy Construction and Counterterrorism 
Act of 1999 (22 U.S.C. 4865(a)(2)(B)) to waive certain requirements of 
that Act with respect to the location of certain United States 
diplomatic facilities in foreign countries.

SEC. 214. PUBLIC DIPLOMACY RESOURCE CENTERS.

    (a) Establishment and Maintenance of Libraries.--Section 1(b)(3) of 
the State Department Basic Authorities Act of 1956 (22 U.S.C. 
2651a(b)(3)) is amended--
            (1) in subparagraph (D), by striking ``and'' at the end;
            (2) in subparagraph (E), by striking the period at the end 
        and inserting ``; and''; and
            (3) by adding at the end the following new subparagraph:
                    ``(F) provide for the establishment of new and the 
                maintenance of existing libraries and resource centers 
                at or in connection with United States diplomatic and 
                consular missions.''.
    (b) Operation of Libraries.--
            (1) In general.--The Secretary of State shall ensure that 
        libraries and resource centers established and maintained in 
        accordance with subparagraph (F) of section 1(b)(3) of the 
        State Department Basic Authorities Act of 1956 (as added by 
        subsection (a)(3) of this section) are open to the general 
        public and, if practicable, made available over the internet to 
        the greatest extent practicable, subject to policies and 
        procedures established by the Secretary to ensure the safety 
        and security of United States diplomatic and consular missions 
        and of United States officers, employees, and personnel posted 
        at such missions at which such libraries are located.
            (2) Showings of united states films.--To the extent 
        practicable, the Secretary of State shall ensure that such 
        libraries and resource centers schedule public showings of 
        United States films that showcase United States culture, 
        society, values, and history, including making such films 
        available over the internet, if practicable.
    (c) Advisory Commission on Public Diplomacy.--Not later than 1 year 
after the date of the enactment of this section, the Advisory 
Commission on Public Diplomacy (authorized under section 1334 of the 
Foreign Affairs Reform and Restructuring Act of 1998 (22 U.S.C. 6553)) 
shall submit to the Committee on Foreign Affairs of the House of 
Representatives and the Committee on Foreign Relations of the Senate a 
report containing an evaluation of the functions and effectiveness of 
the libraries and resource centers, including online outreach, that are 
authorized under this section.
    (d) Authorization of Appropriations.--From amounts authorized to be 
appropriated for Diplomatic and Consular Programs pursuant to section 
101(1)(A), there is authorized to be appropriated to the Secretary of 
State such sums as may be necessary for each of fiscal years 2010 and 
2011 to carry out this section.

SEC. 215. GRANTS FOR INTERNATIONAL DOCUMENTARY EXCHANGE PROGRAMS.

    (a) Findings.--Congress finds the following:
            (1) Since September 11, 2001, a distorted perception of the 
        United States has grown abroad, even as many Americans struggle 
        to understand the increasingly complex world beyond the borders 
        of the United States.
            (2) This public diplomacy crisis poses an ongoing threat to 
        United States security, diplomatic relations, commerce, and 
        citizen-to-citizen relationships between the United States and 
        other countries.
            (3) Independently produced documentary films have proven to 
        be an effective means of communicating United States ideas and 
        values to populations of other countries.
            (4) It is in the interest of the United States to provide 
        assistance to United States nongovernmental organizations that 
        produce and distribute independently produced documentary 
        films.
    (b) Assistance.--The Secretary of State is authorized to make 
grants, on such terms and conditions as the Secretary may determine, to 
United States nongovernmental organizations that use independently 
produced documentary films to promote better understanding of the 
United States abroad and better understanding of global perspectives 
and other countries in the United States.
    (c) Activities Supported.--Grants provided under subsection (b) 
shall, to the maximum extent practicable, be used to carry out the 
following activities:
            (1) Fund, distribute, and promote documentary films that 
        convey a diversity of views about life in the United States to 
        foreign audiences and bring insightful foreign perspectives to 
        United States audiences.
            (2) Support documentaries described in paragraph (1) that 
        are made by independent foreign and domestic producers, 
        selected through a peer review process.
            (3) Develop a network of overseas partners to produce, 
        distribute, and broadcast such documentaries.
    (d) Special Factors.--In making the grants described in subsection 
(b), the Secretary shall give preference to nongovernmental 
organizations that--
            (1) provide at least 35 percent of the total project cost 
        in matching funds from non-Federal sources; and
            (2) have prior experience supporting independently produced 
        documentary films that have been broadcast on public television 
        in the United States.
    (e) Report.--Not later than 2 years after the date of the enactment 
of this Act, the Secretary shall submit to Congress a report that 
contains a detailed description of the implementation of this section 
for the prior year.
    (f) Authorization of Appropriations.--Of the amounts authorized to 
be appropriated for Educational and Cultural Exchange Programs pursuant 
to section 101(4), there is authorized to be appropriated to the 
Secretary of State $5,000,000 for each of fiscal years 2010 and 2011 to 
carry out this section.

SEC. 216. UNITED STATES ADVISORY COMMISSION ON PUBLIC DIPLOMACY.

    (a) Reauthorization of United States Advisory Commission on Public 
Diplomacy.--Section 1334 of the Foreign Affairs Reform and 
Restructuring Act of 1998 (22 U.S.C. 6553) is amended by striking 
``October 1, 2009'' and inserting ``October 1, 2011''.
    (b) Study and Report.--Section 604(c)(2) of the United States 
Information and Educational Exchange Act of 1948 (22 U.S.C. 1469(c)(2)) 
is amended to read as follows:
    ``(2)(A) Not less often than once every two years, the Commission 
shall undertake an in-depth review of United States public diplomacy 
programs, policies, and activities. Each study shall assess the 
effectiveness of the various mechanisms of United States public 
diplomacy in light of several factors, including public and media 
attitudes around the world toward the United States, United States 
citizens, and United States foreign policy, and make appropriate 
recommendations.
    ``(B) The Commission shall submit to the Secretary and the 
Committee on Foreign Affairs of the House of Representatives and the 
Committee on Foreign Relations of the Senate a comprehensive report of 
each study required under subparagraph (A). At the discretion of the 
Commission, any report under this subsection may be submitted in 
classified form or with a classified appendix.
    ``(C) Upon request of the Commission, the Secretary, the Chair of 
the Broadcasting Board of Governors, and the head of any other Federal 
agency that conducts public diplomacy or strategic communications 
activities shall provide to the Commission information to assist the 
Commission in carrying out its responsibilities under this 
paragraph.''.
    (c) Enhancing the Expertise of the United States Advisory 
Commission on Public Diplomacy.--
            (1) Qualifications of members.--Section 604(a)(2) of the 
        United States Information and Educational Exchange Act of 1948 
        (22 U.S.C. 1469(a)(2)) is amended by adding at the end the 
        following new sentences: ``At least four members shall have 
        substantial experience in the conduct of public diplomacy or 
        comparable activities in the private sector. No member may be 
        an officer or employee of the United States.''.
            (2) Application of amendment.--The amendment made by 
        paragraph (1) shall not apply to individuals who are members of 
        the United States Advisory Commission on Public Diplomacy on 
        the date of the enactment of this Act.

SEC. 217. 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''.

SEC. 218. EXTENSION OF PROGRAM TO PROVIDE GRANTS TO AMERICAN-SPONSORED 
              SCHOOLS IN PREDOMINANTLY MUSLIM COUNTRIES TO PROVIDE 
              SCHOLARSHIPS.

    Section 7113 of the Intelligence Reform and Terrorism Prevention 
Act of 2004 (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''.

SEC. 219. CENTRAL ASIA SCHOLARSHIP PROGRAM FOR PUBLIC POLICY 
              INTERNSHIPS.

    (a) Pilot Program Established.--As part of the educational and 
cultural exchange programs of the Department of State, the Secretary of 
State shall establish a pilot program for fiscal years 2010 and 2011 to 
award scholarships to undergraduate and graduate students from Central 
Asia for public policy internships in the United States. Subject to the 
availability of appropriations, for each fiscal year not more than 50 
students may participate in the program established under this section.
    (b) General Provisions.--
            (1) In general.--Except as otherwise provided in this 
        section, the program established pursuant to subsection (a) 
        shall be carried out under applicable provisions of the United 
        States Information and Educational Exchange Act of 1948 (22 
        U.S.C. 1431 et seq.) and the Mutual Educational and Cultural 
        Exchange Act of 1961 (22 U.S.C. 2451 et seq.; also referred to 
        as the ``Fulbright-Hays Act'').
            (2) Scholarship eligibility requirements.--In addition to 
        such other requirements as may be established by the Secretary 
        of State, a scholarship recipient under this section--
                    (A) shall be proficient in the English language;
                    (B) shall be a student at an undergraduate or 
                graduate school level at an accredited institution of 
                higher education with a record of outstanding academic 
                achievement and demonstrated intellectual abilities;
                    (C) may not have received an academic scholarship 
                or grant from the United States Government in the 3 
                years preceding the award of a scholarship under this 
                section; and
                    (D) may not be or have been a member of a foreign 
                terrorist organization (as designated by the Secretary 
                of State in accordance with section 219(a) of the 
                Immigration and Nationality Act (8 U.S.C. 1189(a))) or 
                involved in organized crime.
            (3) Internships.--Internships under this section shall be 
        for periods of not more than 6 months.
            (4) Priority consideration.--In the award of internships 
        under this section, the Secretary of State shall give priority 
        consideration to students who are underprivileged or members of 
        ethnic, religious, or cultural minorities.
            (5) Central asia defined.--For the purposes of this 
        section, the term ``Central Asia'' means the countries of 
        Kazakhstan, Kyrgyzstan, Tajikistan, Turkmenistan, and 
        Uzbekistan.
    (c) Authorization of Appropriations.--Of the amounts authorized to 
be appropriated pursuant to section 101(4), there is authorized to be 
appropriated $600,000 for each of fiscal years 2010 and 2011 to carry 
out this section.

SEC. 220. 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), $750,000 is authorized 
        to be appropriated for each of fiscal years 2010 and 2011 to be 
        made available for the United States-South Pacific Scholarship 
        Program.
            (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''.

SEC. 221. SCHOLARSHIPS FOR INDIGENOUS PEOPLES OF MEXICO AND CENTRAL AND 
              SOUTH AMERICA.

    Of the amounts authorized to be appropriated pursuant to section 
101(4), $400,000 for each of fiscal years 2010 and 2011 is authorized 
to be appropriated for scholarships for secondary and post-secondary 
education in the United States for students from Mexico and the 
countries of Central and South America who are from the indigenous 
peoples of the region.

SEC. 222. 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''--
                    (A) means a member country of the Caribbean 
                Community (CARICOM); but
                    (B) does not include--
                            (i) a country having observer status in 
                        CARICOM; or
                            (ii) a country the government of which the 
                        Secretary of State has determined, for purposes 
                        of section 6(j) of the Export Administration 
                        Act of 1979 (as continued in effect pursuant to 
                        the International Emergency Economic Powers 
                        Act), section 40 of the Arms Export Control 
                        Act, section 620A of the Foreign Assistance Act 
                        of 1961, or any other provision of law, is a 
                        government that has repeatedly provided support 
                        for acts of international terrorism.
            (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) 1 year of study for secondary school students;
                    (B) 2 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 2 years, the 
        program will require participants who are students and scholars 
        described in subsection (a)(2) to--
                    (A) agree to return to live and work, or study or 
                volunteer, in a CARICOM country and maintain residence 
                in such country, within 6 months of completion of 
                academic studies; 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.

SEC. 223. EXCHANGES BETWEEN SRI LANKA AND THE UNITED STATES TO PROMOTE 
              DIALOGUE AMONG MINORITY GROUPS IN SRI LANKA.

    (a) Purpose.--It is the purpose of this section to provide 
financial assistance to--
            (1) establish an exchange program for Sri Lankan students 
        currently pursuing a high school degree to participate in 
        dialogue and understanding workshops in the United States;
            (2) expand Sri Lankan participation in exchange programs of 
        the Department of State; and
            (3) promote dialogue between young adults from various 
        ethnic, religious, linguistic, and other minority groups in Sri 
        Lanka.
    (b) Program.--
            (1) In general.--The Secretary of State shall establish an 
        exchange program to provide scholarships to fund exchanges to 
        enable Sri Lankan high school students from various ethnic, 
        religious, linguistic, and other minority groups to participate 
        in post-conflict resolution, understanding, and dialogue 
        promotion workshops.
            (2) Dialogue workshops.--The exchange program established 
        under paragraph (1) shall include a dialogue workshop located 
        in the United States for participants in such program.
    (c) Definition.--For purposes of this section, the term 
``scholarship'' means an amount to be used for full or partial support 
of living expenses in the United States for a participant in the 
exchange program established under subsection (b), including travel 
expenses to, from, and within the United States.

SEC. 224. EXCHANGES BETWEEN LIBERIA AND THE UNITED STATES FOR WOMEN 
              LEGISLATORS.

    (a) Purpose.--It is the purpose of this section to provide 
financial assistance to--
            (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.

SEC. 225. PUBLIC DIPLOMACY PLAN FOR HAITI.

    The Secretary of State shall develop a public diplomacy plan to be 
implemented in the event that Temporary Protected Status (TPS) is 
extended to Haitian nationals in the United States to effectively 
inform Haitians living in Haiti that--
            (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.

SEC. 226. TRANSFER OF THE VIETNAM EDUCATION FOUNDATION TO THE 
              DEPARTMENT OF STATE.

    (a) Purposes.--Section 202 of the Vietnam Education Foundation Act 
of 2000 (Public Law 106-554) is amended by adding at the end the 
following new paragraph:
            ``(3) To support the development of one or more academic 
        institutions in Vietnam by financing the participation of 
        United States institutions of higher education in the 
        governance, management, and academic activities of such 
        academic institutions in Vietnam.''.
    (b) Establishment.--Section 204 of such Act is amended to read as 
follows:

``SEC. 204. ESTABLISHMENT.

    ``There is established, within the Bureau of Educational and 
Cultural Affairs of the Department of State, the Vietnam Education 
Foundation (referred to in this title as the `Foundation').''.
    (c) Replacement of Board of Directors With Advisory Committee.--
Section 205 of such Act is amended to read as follows:

``SEC. 205. VIETNAM EDUCATION FOUNDATION ADVISORY COMMITTEE.

    ``(a) Establishment.--
            ``(1) In general.--There may be established a Vietnam 
        Education Foundation Advisory Committee (referred to in this 
        section as the `Advisory Committee'), which shall provide 
        advice to the Secretary and the Assistant Secretary for 
        Educational and Cultural Affairs regarding the Foundation's 
        activities.
            ``(2) Membership.--The Advisory Committee shall be composed 
        of seven members, of whom--
                    ``(A) three shall be appointed by the Secretary;
                    ``(B) one shall be appointed by the majority leader 
                of the Senate;
                    ``(C) one shall be appointed by the minority leader 
                of the Senate;
                    ``(D) one shall be appointed by the Speaker of the 
                House of Representatives; and
                    ``(E) one shall be appointed by the minority leader 
                of the House of Representatives.
            ``(3) Appointment of incumbent members of board of 
        directors.--Members appointed to the Advisory Committee under 
        paragraph (2) may include individuals who were members of the 
        Board of Directors of the Foundation on the date immediately 
        preceding the date of the enactment of this section.
    ``(b) Supervision.--The Foundation shall be subject to the 
supervision and direction of the Secretary, working through the 
Assistant Secretary for Educational and Cultural Affairs, and in 
consultation with the Advisory Committee established under subsection 
(a).''.
    (d) Use of Funds.--Paragraph (2) of subsection (c) of section 207 
of such Act is amended to read as follows:
            ``(2) Use of funds.--All or part of the amounts allotted 
        for the Foundation under paragraph (1) may be transferred to 
        the Foundation or to the appropriate Department of State 
        appropriation for the purpose of carrying out or supporting the 
        Foundation's activities.''.
    (e) Appointment of Executive Director.--Subsection (a) of section 
208 of such Act is amended--
            (1) in the first sentence by striking ``shall be 
        appointed'' and inserting ``may be appointed''; and
            (2) by striking the last sentence.
    (f) Service of Executive Director to Advisory Committee.--Such 
subsection is further amended, in the second sentence, by striking 
``Foundation and shall carry out'' and inserting ``Foundation, serve 
the Advisory Committee, and carry out''.
    (g) Fellowship Program.--Section 206(a)(1)(A) of such Act is 
amended by striking ``technology, and computer sciences'' and inserting 
``academic computer science, public policy, and academic and public 
management''.
    (h) Conforming Amendments.--Such Act is amended--
            (1) in section 203--
                    (A) by striking paragraph (1);
                    (B) by redesignating paragraphs (2) and (3) as 
                paragraphs (1) and (2), respectively; and
                    (C) by inserting after paragraph (2), as 
                redesignated, the following:
            ``(3) Secretary.--The term `Secretary' means the Secretary 
        of State.'';
            (2) in section 208--
                    (A) in subsection (a)--
                            (i) in the subsection heading, by striking 
                        ``Board'' and inserting ``Secretary''; and
                            (ii) by striking ``Board'' each place it 
                        appears and inserting ``Secretary''; and
                    (B) in subsection (d), by striking ``Board'' and 
                inserting ``Secretary''; and
            (3) in section 209(b), by striking ``Board'' and inserting 
        ``Secretary''.
    (i) Mutual Educational and Cultural Exchange Act of 1961.--Section 
112(a) of the Mutual Educational and Cultural Exchange Act of 1961 (22 
U.S.C. 2460(a)) is amended--
            (1) in paragraph (8), by striking ``and'' at the end;
            (2) in paragraph (9), by striking the period at the end and 
        inserting ``; and''; and
            (3) by adding at the end the following:
            ``(10) programs administered by the Vietnam Education 
        Foundation.''.
    (j) Transfer of Functions.--All functions and assets of the Vietnam 
Education Foundation are transferred to the Bureau of Educational and 
Cultural Affairs of the Department of State. The Assistant Secretary 
for Educational and Cultural Affairs may hire personnel who were 
employed by the Vietnam Education Foundation on the date before the 
date of the enactment of this Act, and such other personnel as may be 
necessary to support the Foundation, in accordance with part III of 
title 5, United States Code.
    (k) Support for Institutional Development in Vietnam.--
            (1) Grants authorized.--The Secretary of State, acting 
        through the Assistant Secretary for Educational and Cultural 
        Affairs, is authorized to award 1 or more grants to 
        institutions of higher education (as defined in section 101(a) 
        of the Higher Education Act of 1965 (20 U.S.C. 1001(a))), which 
        shall be used to implement graduate-level academic and public 
        policy management leadership programs in Vietnam. Such programs 
        shall--
                    (A) support Vietnam's equitable and sustainable 
                socioeconomic development;
                    (B) feature both teaching and research components;
                    (C) promote the development of institutional 
                capacity in Vietnam;
                    (D) operate according to core principles of good 
                governance; and
                    (E) enjoy autonomy from the Vietnamese government.
            (2) Application.--
                    (A) In general.--Each institution of higher 
                education desiring the grant under this section shall 
                submit an application to the Secretary of State at such 
                time, in such manner, and accompanied by such 
                information as the Secretary may reasonably require.
                    (B) Competitive basis.--Each grant authorized under 
                subsection (a) shall be awarded on a competitive basis.
            (3) Source of grant funds.--The Secretary of State may use 
        funds made available to the Vietnam Education Foundation under 
        section 207(c) of the Vietnam Education Foundation Act of 2000 
        (22 U.S.C. 2452 note) for the grant awarded under this section.
    (l) Effective Date.--This section and the amendments made by this 
section shall take effect on the date that is 90 days after the date of 
the enactment of this section.

SEC. 227. EXCHANGES BETWEEN AFGHANISTAN AND THE UNITED STATES FOR WOMEN 
              LEGISLATORS.

    (a) Purpose.--It is the purpose of this section to provide 
financial assistance to--
            (1) establish an exchange program for Afghan women 
        legislators of the National Assembly of Afghanistan;
            (2) expand Afghan women participation in international 
        exchange programs of the Department of State; and
            (3) promote the advancement of women in the field of 
        politics, with the aim of encouraging more women to participate 
        in civil society, reducing violence against women, and 
        increasing educational opportunities for women and children.
    (b) Program.--The Secretary of State shall establish an exchange 
program in cooperation with the women members of parliament in 
Afghanistan to enable Afghan women legislators to encourage more women 
to participate in, and continue to be active in, politics and the 
democratic process in Afghanistan.

           Subtitle C--Consular Services and Related Matters

SEC. 231. PERMANENT AUTHORITY TO ASSESS PASSPORT SURCHARGE.

    Section 1 of the Passport Act of June 4, 1920 (22 U.S.C. 214; 
chapter 223, 41 Stat. 750), is amended by--
            (1) striking subsection (b)(2); and
            (2) redesignating subsection (b)(3) as subsection (b)(2).

SEC. 232. SENSE OF CONGRESS REGARDING ADDITIONAL CONSULAR SERVICES IN 
              MOLDOVA.

    It is the sense of Congress that in light of serious problems with 
human trafficking as well as the exceptionally high volume of 
applications by citizens of Moldova to the United States Summer Work 
Travel program, the Secretary of State should make every effort to 
enhance consular services at the United States embassy in Chisinau, 
Moldova, including considering assigning an additional consular officer 
to such post, and providing enhanced anti-trafficking training, 
especially related to student exchange visas and other vulnerable 
categories of visa applicants.

SEC. 233. REFORMING REFUGEE PROCESSING.

    (a) Worldwide Processing Priority System.--
            (1) Embassy referrals.--The Secretary of State shall expand 
        training of United States embassy and consular personnel to 
        ensure that appropriate United States embassies and consulates 
        are equipped and enabled to refer to the United States refugee 
        admissions program aliens in urgent need of resettlement.
            (2) NGO referrals.--The Secretary shall expand training of, 
        and communication with, nongovernmental organizations that 
        provide assistance to displaced and persecuted persons to 
        enable such organizations to refer to the United States refugee 
        admissions program aliens in urgent need of resettlement.
    (b) Reform of the Refugee Consultation Process.--Section 207 of the 
Immigration and Nationality Act (8 U.S.C. 1157) is amended--
            (1) in subsection (a)(2), by adding at the end the 
        following new sentence: ``In the event that a fiscal year 
        begins without such determination having been made, there is 
        authorized to be admitted in the first quarter of such fiscal 
        year 25 percent of the number of refugees fixed by the 
        President in the previous fiscal year's determination, and any 
        refugees admitted under this sentence shall be counted toward 
        the President's determination when it is made.''; and
            (2) in subsection (e), in the matter preceding paragraph 
        (1), by striking ``discussions in person'' and inserting 
        ``discussions in person, to be commenced not later than June 1 
        of each year,''.
    (c) Family Reunification.--
            (1) Multiple forms of relief.--Applicants for admission as 
        refugees shall be permitted to simultaneously pursue admission 
        under any other visa categories for which such applicants may 
        be eligible.
            (2) Separated children.--In the case of a child under the 
        age of 18 who has been separated from the birth or adoptive 
        parents of such child and who is living under the care of an 
        alien who has been approved for admission to the United States 
        as a refugee, such child shall be, if it is in the best 
        interest of such child to be placed with such alien in the 
        United States, admitted as a refugee provided such child is 
        otherwise admissible as described in section 207(c)(3) of the 
        Immigration and Nationality Act (8 U.S.C. 1157(c)(3)).
            (3) Children of refugee spouses.--For the purposes of 
        sections 207(c)(2)(A) and 208(b)(3) of the Immigration and 
        Nationality Act (8 U.S.C. 1157(c)(2)(A) and 1158(b)(3)), if a 
        spouse of a refugee or of a person who has been granted asylum 
        proves that such spouse is the birth or adoptive parent of a 
        child, such child shall be eligible to accompany or follow to 
        join such parent.
    (d) ERMA Account.--Section 2(c)(2) of the Migration and Refugee 
Assistance Act of 1962 (22 U.S.C. 2601(c)(2)) is amended by striking 
``$100,000,000'' and inserting ``$200,000,000''.
    (e) Authorization of Appropriations.--
            (1) In general.--There is authorized to be appropriated 
        such sums as may be necessary to carry out this section, 
        including the amendments made by this section.
            (2) Rule of construction.--Nothing in this section may be 
        construed to reduce funds or services for other refugee 
        assistance or resettlement.
    (f) Effective Date.--This section, and the amendments made by this 
section, shall take effect on the first day of the first fiscal year 
that begins after the date of the enactment of this section.

SEC. 234. ENGLISH LANGUAGE AND CULTURAL AWARENESS TRAINING FOR APPROVED 
              REFUGEE APPLICANTS.

    (a) In General.--The Secretary of State shall establish overseas 
refugee training programs to provide English as a second language, 
cultural orientation, and work orientation training for refugees, 
including children, as appropriate, who have been approved for 
admission to the United States before their departure for the United 
States.
    (b) Design and Implementation.--In designing and implementing the 
training programs referred to in subsection (a), the Secretary shall 
consult with or utilize both--
            (1) nongovernmental or international organizations with 
        direct ties to the United States refugee resettlement program; 
        and
            (2) nongovernmental or international organizations with 
        appropriate expertise in developing curriculum and teaching 
        English as a second language.
    (c) Impact on Processing Times.--The Secretary shall ensure that 
such training programs occur within current processing times and do not 
unduly delay the departure for the United States of refugees who have 
been approved for admission to the United States.
    (d) Timeline for Implementation.--
            (1) Initial implementation.--Not later than 1 year after 
        the date of the enactment of this Act, the Secretary shall 
        ensure that such training programs are operating in at least 
        three refugee processing regions.
            (2) Additional implementation.--Not later than 2 years 
        after the date of the enactment of this Act, the Secretary 
        shall notify the appropriate congressional committees that such 
        training programs are operating in five refugee processing 
        regions.
    (e) GAO Report.--Not later than 2 years after the date of the 
enactment of this Act, the Comptroller General of the United States 
shall conduct a study on the implementation of this section, including 
an assessment of the quality of English as a second language curriculum 
and instruction, the benefits of the orientation and English as a 
second language training program to refugees, and recommendations on 
whether such programs should be continued, broadened, or modified, and 
shall submit to the appropriate congressional committees a report on 
the findings of such study.
    (f) Rule of Construction.--Nothing in this section shall be 
construed to require that a refugee participate in such a training 
program as a precondition for the admission to the United States of 
such refugee.

SEC. 235. IRAQI REFUGEES AND INTERNALLY DISPLACED PERSONS.

    (a) In General.--The President shall develop and implement policies 
and strategies to address the protection, resettlement, and assistance 
needs of Iraqi refugees and internally displaced persons (IDPs), foster 
long-term solutions for stabilizing the lives of such refugees and 
IDPs, monitor the development and implementation of assistance 
strategies to countries in the Middle East that are hosting refugees 
from Iraq, encourage the Government of Iraq to actively engage the 
problem of displaced persons and refugees and monitor the Government of 
Iraq's resolution of the problem, and ensure that budget requests to 
Congress are sufficient to meet an appropriate United States 
contribution to the needs of Iraqi refugees, IDPs within Iraq, and 
other refugees in Iraq.
    (b) Interagency Process.--
            (1) In general.--The President should establish an 
        interagency working group to carry out the goals of subsection 
        (a) by facilitating interagency coordination to develop and 
        implement policies to address the needs of Iraqi refugees and 
        IDPs during this refugee crisis.
            (2) Composition.--The interagency working group shall 
        consist of appropriate high-ranking officials from the 
        Department of State, the Department of Homeland Security, the 
        Department of Defense, the United States Agency for 
        International Development, and such other agencies as the 
        President may determine.
            (3) Role of secretary of state.--The Secretary of State 
        shall serve as principal liaison with the Government of Iraq, 
        its neighboring refugee hosting countries, and the 
        international community to solicit and direct bilateral and 
        multilateral contributions to address the needs of Iraqi 
        refugees, IDPs, and returned refugees as well as with 
        nongovernmental organizations working for and on behalf of 
        displaced Iraqis.
    (c) Increase in Refugee Processing Capacity.--The Secretary of 
State should, subject to the availability of appropriations for such 
purpose, seek to substantially increase the resources available to 
support the processing of refugee applicants in Iraq.
    (d) Humanitarian Assistance.--The United States should seek to 
ensure that--
            (1) other countries make contributions to the United 
        Nations High Commissioner on Refugees (UNHCR) and to other 
        international organizations assisting Iraqi refugees and IDPs;
            (2) the United States continues to make contributions that 
        are sufficient to fund not less than 50 percent of the amount 
        requested by the UNHCR, the International Committee of the Red 
        Cross, and other appropriate international organizations in 
        each of fiscal years 2010 and 2011; and
            (3) the Government of Iraq makes significant contributions 
        to UNHCR and to other international organizations assisting 
        Iraqi refugees and IDPs.
    (e) Statement of Policy Regarding Encouraging Voluntary Returns.--
It shall be the policy of the United States to encourage Iraqi refugees 
to return to Iraq only when conditions permit safe, sustainable returns 
on a voluntary basis with the coordination of the UNHCR and the 
Government of Iraq.
    (f) International Cooperation.--The Secretary of State shall work 
with the international community, including governments hosting the 
refugees, international organizations, nongovernmental organizations, 
and donors, to develop a long-term, comprehensive international 
strategy for assistance and solutions for Iraqi refugees and IDPs, and 
to provide--
            (1) a comprehensive assessment of the needs of Iraqi 
        refugees and IDPs, and the needs of the populations that host 
        such refugees and IDPs;
            (2) assistance to international organizations assisting 
        IDPs and vulnerable persons in Iraq and Iraqi refugees in 
        neighboring countries, including through resettlement;
            (3) assistance to international organizations and other 
        relevant entities, including such organizations and entities 
        providing psychosocial services and cash assistance, and such 
        organizations and entities facilitating voluntary returns of 
        displaced persons;
            (4) technical assistance to the Government of Iraq to 
        establish better systems for meeting the needs of Iraqi IDPs 
        and refugees, and to other government entities, international 
        organizations, or nongovernmental organizations developing 
        legal frameworks and systems to resolve land and housing claim 
        disputes, including restitution;
            (5) enhanced residency protections and opportunities for 
        Iraqi refugees to work legally; and
            (6) increased transparency on behalf of host governments, 
        international organizations, and nongovernmental organizations 
        that receive assistance for Iraqi refugees and IDPs.
    (g) Enhanced Accounting.--To better assess the benefits of United 
States assistance to Iraqi refugees and IDPs, the Secretary of State, 
in coordination with the Administrator of the United States Agency for 
International Development, as appropriate, shall--
            (1) develop performance measures to fully assess and report 
        progress in achieving United States goals and objectives for 
        Iraqi refugees and IDPs; and
            (2) track and report funding apportioned, obligated, and 
        expended for Iraqi refugee programs in Jordan, Syria, Lebanon, 
        and the other host countries, to the extent practicable.
    (h) Report to Congress.--Not later than 90 days after the date of 
the enactment of this Act and annually thereafter through 2011, the 
President shall transmit to the appropriate congressional committees a 
report on the implementation of this section. Such report shall 
include--
            (1) information concerning assistance and funding to host 
        countries and international organizations and nongovernmental 
        organizations;
            (2) information concerning measures taken by the United 
        States to increase its capabilities to process Iraqi refugees 
        for resettlement, especially from inside Iraq;
            (3) an evaluation of the effectiveness of measures 
        implemented by agencies of the Government of Iraq to assist 
        Iraqi refugees, IDPs, and other vulnerable persons and to 
        facilitate the safe and voluntary return of refugees;
            (4) an accounting of past expenditures and a report on 
        plans for expenditures by the Government of Iraq on Iraqi 
        refugees and IDPs; and
            (5) information gathered in fulfillment of subsection (g).
    (i) Authorization of Appropriations.--Of the amounts authorized to 
be appropriated pursuant to section 104, there is authorized to be 
appropriated such sums as may be necessary to carry out this section.

SEC. 236. VIDEOCONFERENCE INTERVIEWS.

    (a) Pilot Program.--The Secretary of State may develop and conduct 
a 2-year pilot program for the processing of tourist visas using secure 
remote videoconferencing technology as a method for conducting visa 
interviews of applicants.
    (b) Report.--Not later than 1 year after initiating the pilot 
program under subsection (a) and again not later than 3 months after 
the conclusion of the 2-year period referred to in such subsection, the 
Secretary of State shall submit to the appropriate congressional 
committees a report on such pilot program. Each such report shall 
assess the efficacy of using secure remote videoconferencing technology 
as a method for conducting visa interviews of applicants, including any 
effect such method may have on an interviewer's ability to determine an 
applicant's credibility and uncover fraud, and shall include 
recommendations on whether or not the pilot program should be 
continued, broadened, or modified.

SEC. 237. 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 State Assistance.--The President shall provide grants 
to nongovernmental organizations to support sustainable economic 
development, cultural and historical preservation, health care, 
education, and environmental sustainability projects for Tibetan 
communities in the Tibet Autonomous Region and in other Tibetan 
communities in China, in accordance with the principles specified in 
subsection (e) and subject to the review and approval of the Special 
Coordinator for Tibetan Issues under section 621(d).''.
    (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); and''; and
            (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).''.
    (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, 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:

``SEC. 618. ESTABLISHMENT OF A UNITED STATES CONSULATE IN LHASA, TIBET.

    ``The Secretary shall seek to establish a United States consulate 
in Lhasa, Tibet, to provide services to United States citizens 
traveling to Tibet and to monitor political, economic, and cultural 
developments in Tibet, including Tibetan areas of Qinghai, Sichuan, 
Gansu, and Yunnan provinces.''.
    (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''.

SEC. 238. PROCESSING OF CERTAIN VISA APPLICATIONS.

    (a) Policy.--It shall be the policy of the Department of State to 
process immigrant visa applications of immediate relatives of United 
States citizens and nonimmigrant k-1 visa applications of fiances of 
United States citizens within 30 days of the receipt of all necessary 
documents from the applicant and the Department of Homeland Security. 
In the case of a visa application where the sponsor of such applicant 
is a relative other than an immediate relative, it should be the policy 
of the Department of State to process such an application within 60 
days of the receipt of all necessary documents from the applicant and 
the Department of Homeland Security.
    (b) Review by Head of Consular Section.--For any visa application 
described in subsection (a), it shall be the policy of the Department 
of State to require the head of the consular section (or designee) of 
any United States diplomatic or consular post to review any such 
application that exceeds the applicable time period specified in such 
subsection by more than 5 days, and, as appropriate, provide for 
expedited processing of such application.

SEC. 239. REPORT ON SPECIAL IMMIGRANT PROGRAMS FOR CERTAIN NATIONALS OF 
              IRAQ AND AFGHANISTAN.

    (a) In General.--Not later than 90 days after the date of the 
enactment of this Act, the Secretary of State shall submit to the 
Congress a report on the programs authorized under the following 
provisions:
            (1) Section 1059 of division A of the National Defense 
        Authorization Act for Fiscal Year 2006 (Public Law 109-163; 8 
        U.S.C. 1101 note).
            (2) Section 1244 of division A of the National Defense 
        Authorization Act for Fiscal Year 2008 (Public Law 110-181; 122 
        Stat. 396 et seq.).
    (b) Contents.--The report under subsection (a) shall address at 
least the following:
            (1) Whether the eligibility requirements with respect to 
        the programs are sufficiently clear, and if not, whether 
        legislation is necessary to clarify those requirements.
            (2) Whether the programs are being run effectively and 
        expeditiously.
            (3) Whether processing delays exist with respect to the 
        programs that place applicants' lives at risk, and if so--
                    (A) what the cause or causes of the delays are; and
                    (B) whether legislation is necessary to eliminate 
                the delays.

SEC. 240. STUDY REGARDING USE OF PASSPORTS FOR OVERSEAS VOTING AND 
              CENSUS.

    The Secretary of State, in consultation with the Attorney General 
and the Director of the Census Bureau, shall conduct a feasibility 
study and submit to Congress a report assessing methods of facilitating 
voting in United States elections by United States citizens living 
overseas using passports or other methods, and for using passports or 
other methods to count United States citizens living overseas in the 
United States Census.

Subtitle D--Strengthening Arms Control and Nonproliferation Activities 
                       at the Department of State

SEC. 241. FINDINGS AND SENSE OF CONGRESS ON THE NEED TO STRENGTHEN 
              UNITED STATES ARMS CONTROL AND NONPROLIFERATION 
              CAPABILITIES.

    (a) Findings.--Congress finds the following:
            (1) International security relies upon collective security 
        arrangements and alliances, as unilateral actions by one 
        country, no matter how powerful, are insufficient to cope 
        effectively with security threats.
            (2) In the same manner, collective arrangements, 
        conventions, and alliances devoted to halting the proliferation 
        of weapons of mass destruction, their means of production and 
        delivery, frequently institutionalized within multilateral 
        treaties and conventions, are critical to effective collective 
        global action.
            (3) In order to safeguard and advance United States 
        national security, the Department of State must have the 
        structural and human resources necessary to lead and 
        participate in all international negotiations, conventions, 
        organizations, arrangements, and implementation fora in the 
        field of nonproliferation and arms control.
            (4) North Korea and Iran present fundamental challenges to 
        the global nonproliferation regime, challenges that can only be 
        met by active, committed, and long-term multilateral 
        engagement, participation, and leadership by the United States.
            (5) Further, the United States has outlined an ambitious 
        agenda in arms control and nonproliferation for the coming 
        years, including--
                    (A) the conclusion of a strategic arms reduction 
                treaty with Russia that preserves the benefits of the 
                expiring START I treaty and makes further reductions in 
                the total number of nuclear warheads in both countries, 
                consistent with their national security needs;
                    (B) United States ratification of the Comprehensive 
                Test Ban Treaty (CTBT), considered a foundational 
                treaty by the global nonproliferation community for 
                further advances toward greater stability and the 
                reduction of role of nuclear weapons;
                    (C) the creation of a Fissile Material Cutoff 
                Treaty (FMCT) to reduce the rate of production and 
                ultimately halt the production of militarily-useful 
                fissile material for nuclear weapons;
                    (D) the securing of vulnerable nuclear material 
                worldwide that could be stolen and utilized by 
                terrorist groups and rogue countries for nuclear and 
                radiological weapons;
                    (E) the reinvigoration of the Treaty on the 
                Nonproliferation of Nuclear Weapons (NPT), the 
                cornerstone of the global nuclear nonproliferation 
                regime, especially at the 2010 Review Conference;
                    (F) the expansion and greater development of the 
                Proliferation Security Initiative (PSI) and the Global 
                Initiative to Combat Nuclear Terrorism into durable 
                international institutions;
                    (G) the disruption and prevention of nuclear black 
                markets;
                    (H) the convening of a Global Summit on Nuclear 
                Security;
                    (I) strengthening the infrastructure and technical 
                and financial resources available to the International 
                Atomic Energy Agency (IAEA) and its international 
                nuclear safeguards system; and
                    (J) engaging multiple international conventions and 
                negotiations on restriction on conventional arms of 
                various types.
    (b) Sense of Congress.--It is the sense of Congress that--
            (1) the Secretary of State should immediately develop a 
        plan to strengthen the capabilities of the Department of State 
        to lead and participate effectively in all international 
        negotiations and implementation fora in the field of 
        nonproliferation and arms control, especially to increase the 
        human, organizational, and financial resources available to the 
        Undersecretary of State for Arms Control and International 
        Security;
            (2) such plan should--
                    (A) focus especially on the recruitment and 
                professional development of civilian and Foreign 
                Service officers in the areas of arms control and 
                nonproliferation within the Department of State, 
                especially to increase the number of personnel assigned 
                to arms control and nonproliferation and enhance 
                recruitment of technical specialists, as well as 
                provide for the long-term sustainability of personnel 
                and resources; and
                    (B) identify measures to make service in arms 
                control and nonproliferation offices, bureaus, and in 
                foreign postings an attractive path for further 
                promotion within the Foreign Service; and
            (3) the Secretary of State should regularly keep Congress 
        informed as to the measures taken to strengthen the arms 
        control and nonproliferation capabilities of the Department of 
        State, including what additional legal authority or 
        appropriations are required.

SEC. 242. AUTHORIZATION OF ADDITIONAL ARMS CONTROL AND NONPROLIFERATION 
              POSITIONS.

    Of the amounts authorized to be appropriated under section 101, 
$3,000,000 is authorized to be appropriated for an additional 25 
positions at the Department of State for arms control and 
nonproliferation functions over the number of such positions in 
existence as of the date of the enactment of this Act.

SEC. 243. ADDITIONAL AUTHORITY OF THE SECRETARY OF STATE.

    Section 401(d) of the Arms Control and Disarmament Act (Public Law 
87-297; 22 U.S.C. 2581) is amended, in the first proviso, by striking 
``the President'' and inserting ``the Secretary of State''.

SEC. 244. ADDITIONAL FLEXIBILITY FOR RIGHTSIZING ARMS CONTROL AND 
              NONPROLIFERATION FUNCTIONS.

    (a) Repeal.--Section 1112 of the Admiral James W. Nance and Meg 
Donovan Foreign Relations Authorization Act, Fiscal Years 2000 and 2001 
(Public Law 106-113) is repealed.
    (b) Clerical Amendment.--The table of contents in section 2(b) of 
such Act is amended by striking the item relating to section 1112.

SEC. 245. ARMS CONTROL AND NONPROLIFERATION ROTATION PROGRAM.

    (a) Establishment.--
            (1) In general.--The Secretary of State (in this section 
        referred to as the ``Secretary''), in consultation with the 
        heads of other Federal departments and agencies that are 
        involved in United States arms control and nonproliferation 
        activities, shall establish the Arms Control and 
        Nonproliferation Rotation Program (in this section referred to 
        as the ``Rotation Program'') for employees of the Department of 
        State (in this section referred to as the ``Department'') and 
        such other Federal departments and agencies. The Rotation 
        Program shall use applicable best practices, including those 
        prescribed by the Chief Human Capital Officers Council. 
        Employees of the Department and any other Federal department or 
        agency participating in the Rotation Program may be detailed 
        among the Department or such department or agency on a non-
        reimbursable basis.
            (2) Goals.--The Rotation Program shall--
                    (A) be established in accordance with the human 
                capital strategic plan of the Department;
                    (B) provide midlevel Foreign Service officers and 
                employees of the Department, and employees of other 
                Federal departments and agencies concerned with arms 
                control and nonproliferation responsibilities the 
                opportunity to broaden their knowledge through exposure 
                to other areas of the Department and such other Federal 
                departments and agencies;
                    (C) expand the knowledge base of the Department by 
                providing for rotational assignments of employees to 
                such other Federal departments and agencies;
                    (D) build professional relationships and contacts 
                among the employees in such other Federal departments 
                and agencies;
                    (E) invigorate the Department's arms control and 
                nonproliferation workforce with professionally 
                rewarding opportunities; and
                    (F) incorporate human capital strategic plans and 
                activities of the Department, and address critical 
                human capital deficiencies, professional development, 
                recruitment and retention efforts, and succession 
                planning within the Federal workforce of the 
                Department.
            (3) Responsibilities.--The Secretary shall--
                    (A) provide oversight of the establishment and 
                implementation of the Rotation Program;
                    (B) establish a framework that supports the goals 
                of the Rotation Program and promotes cross disciplinary 
                rotational opportunities;
                    (C) establish eligibility for employees of other 
                Federal departments and agencies concerned with 
                national security responsibilities to participate in 
                the Rotation Program and select participants from such 
                employees who apply;
                    (D) establish incentives for such employees to 
                participate in the Rotation Program, including 
                promotions and employment preferences;
                    (E) ensure that the Rotation Program provides 
                professional education and training;
                    (F) ensure that the Rotation Program develops 
                qualified employees and future leaders with broad based 
                experience throughout the Department; and
                    (G) provide for greater interaction among employees 
                in such Federal departments and agencies, including the 
                Agency.
            (4) Allowances, privileges, and benefits.--All allowances, 
        privileges, rights, seniority, and other benefits of employees 
        participating in the Rotation Program shall be preserved.
            (5) Reporting.--Not later than 1 year after the date of the 
        establishment of the Rotation Program, the Secretary shall 
        submit to the appropriate congressional committees and the 
        Committee on Armed Services of the House of Representatives and 
        the Committee on Armed Services of the Senate a report on the 
        status of the Rotation Program, including a description of the 
        Rotation Program, the number of individuals participating, and 
        how the Rotation Program is used in succession planning and 
        leadership development.

SEC. 246. ARMS CONTROL AND NONPROLIFERATION SCHOLARSHIP PROGRAM.

    (a) Establishment.--
            (1) In general.--The Secretary of State (in this section 
        referred to as the ``Secretary'') shall establish a scholarship 
        program (to be known as the ``Arms Control and Nonproliferation 
        Scholarship Program'') to award scholarships for the purpose of 
        recruiting and preparing students for civilian careers in the 
        fields of nonproliferation, arms control, and international 
        security to meet the critical needs of the Department of State 
        (in this section referred to as the ``Department'').
            (2) Selection of recipients.--
                    (A) Merit and agency needs.--Individuals shall be 
                selected to receive scholarships under this section 
                through a competitive process primarily on the basis of 
                academic merit and the arms control and 
                nonproliferation needs of the Department.
                    (B) Demonstrated commitment.--Individuals selected 
                under this section shall have a demonstrated interest 
                in public service and a commitment to the field of 
                study for which the scholarship is awarded.
            (3) Contractual agreements.--In order to carry out the 
        scholarship program, the Secretary shall enter into contractual 
        agreements with individuals selected under paragraph (2) 
        pursuant to which such individuals agree to serve as full-time 
        employees of the Department, for a period to be determined by 
        the Secretary, not to exceed 6 years, in arms control and 
        nonproliferation positions needed by the Department and for 
        which the individuals are qualified, in exchange for receiving 
        a scholarship.
    (b) Eligibility.--Except as provided in subjection (f), in order to 
be eligible to participate in the scholarship program, an individual 
shall be enrolled or accepted for enrollment as a full-time student at 
an institution of higher education and be pursuing or intend to pursue 
undergraduate or graduate education in an academic field or discipline 
specified in the list made available under subsection (d) and be a 
United States citizen.
    (c) Application.--An individual seeking a scholarship under this 
section shall submit to the Secretary an application at such time, in 
such manner, and containing such information, agreements, or assurances 
as the Secretary may require.
    (d) Programs and Fields of Study.--The Secretary shall make 
publicly available a list of academic programs and fields of study for 
which scholarships under this section may be awarded.
    (e) Scholarships.--
            (1) In general.--The Secretary may award a scholarship 
        under this section for an academic year if the individual 
        applying for the scholarship has submitted to the Secretary, as 
        part of the application required under subsection (c), a 
        proposed academic program leading to a degree in a program or 
        field of study specified on the list made available under 
        subsection (d).
            (2) Limitation on years.--An individual may not receive a 
        scholarship under this section for more than four academic 
        years, unless the Secretary grants a waiver.
            (3) Student responsibilities.--Scholarship recipients shall 
        maintain satisfactory academic progress.
            (4) Amount.--The dollar amount of a scholarship awarded 
        under this section for an academic year shall be determined 
        under regulations issued by the Secretary, but shall in no case 
        exceed the cost of tuition, fees, and other authorized expenses 
        as determined by the Secretary.
            (5) Use of scholarships.--A scholarship awarded under this 
        section may be expended for tuition, fees, and other authorized 
        expenses as established by the Secretary by regulation.
            (6) Payment to institution of higher education.--The 
        Secretary may enter into a contractual agreement with an 
        institution of higher education under which the amounts 
        provided for a scholarship under this section for tuition, 
        fees, and other authorized expenses are paid directly to the 
        institution with respect to which such scholarship is awarded.
    (f) Special Consideration for Current Employees.--Notwithstanding 
subsection (b), up to 5 percent of the scholarships awarded under this 
section may be set aside for individuals who are Federal employees on 
the date of the enactment of this Act to enhance the education of such 
employees in areas of critical arms control or nonproliferation needs 
of the Department, for undergraduate or graduate education under the 
scholarship on a full-time or part-time basis.
    (g) Repayment.--
            (1) In general.--A scholarship recipient who fails to 
        maintain a high level of academic standing, as defined by the 
        Secretary who is dismissed for disciplinary reasons from the 
        educational institution such recipient is attending, or who 
        voluntarily terminates academic training before graduation from 
        the educational program for which the scholarship was awarded 
        shall be in breach of the contractual agreement under 
        subsection (a)(3) and, in lieu of any service obligation 
        arising under such agreement, shall be liable to the United 
        States for repayment within 1 year after the date of such 
        default of all scholarship funds paid to such recipient and to 
        the institution of higher education on the behalf of such 
        recipient under such agreement. The repayment period may be 
        extended by the Secretary if the Secretary determines such to 
        be necessary, as established by regulation.
            (2) Liability.--A scholarship recipient who, for any 
        reason, fails to begin or complete the service obligation under 
        the contractual agreement under subsection (a)(3) after 
        completion of academic training, or fails to comply with the 
        terms and conditions of deferment established by the Secretary 
        under paragraph (1), shall be in breach of such contractual 
        agreement and shall be liable to the United States for an 
        amount equal to--
                    (A) the total amount of the scholarship received by 
                such recipient under this section; and
                    (B) the interest on such amounts which would be 
                payable if at the time the scholarship was received 
                such scholarship was a loan bearing interest at the 
                maximum legally prevailing rate.
    (h) Regulations.--The Secretary shall prescribe regulations 
necessary to carry out this section.
    (i) Institution of Higher Education Defined.--In this section, the 
term ``institution of higher education'' has the meaning given such 
term under section 101 of the Higher Education Act of 1965 (20 U.S.C. 
1001).
    (j) Authorization of Appropriations.--Of the amounts authorized to 
be appropriated under section 101, such sums as may be necessary are 
authorized to be appropriated to carry out this section.

SEC. 247. SCIENTIFIC ADVISORY COMMITTEE.

    (a) Establishment.--
            (1) In general.--The President may establish a Scientific 
        Advisory Committee (in this section referred to as the 
        ``Committee'') of not to exceed ten members, not fewer than 
        eight of whom shall be scientists.
            (2) Appointment.--If the Committee is established in 
        accordance with paragraph (1), the members of the Committee 
        shall be appointed by the President, as follows:
                    (A) One member, who shall be a person of special 
                scientific distinction, shall be appointed by the 
                President, by and with the advice and consent of the 
                Senate, as Chairman of the Committee.
                    (B) Nine other members shall be appointed by the 
                President.
            (3) Meetings.--If the Committee is established in 
        accordance with paragraph (1), the Committee shall meet not 
        less often than twice per year.
    (b) Function.--If the Committee is established in accordance with 
subsection (a)(1), the Committee shall advise the President, the 
Secretary of State, and the Undersecretary for Arms Control and 
International Security regarding scientific, technical, and policy 
matters affecting arms control and nonproliferation.
    (c) Reimbursement of Expenses.--If the Committee is established in 
accordance with subsection (a)(1), the members of the Committee may 
receive reimbursement of expenses only in accordance with the 
provisions applicable to the reimbursement of experts and consultants 
under section 401(d) of the Arms Control and Disarmament Act (Public 
Law 87-297; 22 U.S.C. 2581(d)).
    (d) Scientist Defined.--In this section, the term ``scientist'' 
means an individual who has a demonstrated knowledge and technical 
expertise with respect to arms control, nonproliferation, and 
disarmament matters and who has distinguished himself or herself in any 
of the fields of physics, chemistry, mathematics, biology, or 
engineering, including weapons engineering.

           TITLE III--ORGANIZATION AND PERSONNEL AUTHORITIES

        Subtitle A--Towards Modernizing the Department of State

SEC. 301. TOWARDS A MORE MODERN AND EXPEDITIONARY FOREIGN SERVICE.

    (a) Targeted Expansion of Foreign Service.--The Secretary of State 
shall expand the Foreign Service to--
            (1) fill vacancies, particularly those vacancies overseas 
        that are critical to key United States foreign policy and 
        national security interests, and, in particular, to prevent 
        crises before they emerge;
            (2) increase the capacity of the Department of State to 
        assign and deploy Foreign Service officers and other personnel 
        to prevent, mitigate, and respond to international crises and 
        instability in foreign countries that threaten key United 
        States foreign policy and national security interests; and
            (3) ensure that before being assigned to assignments 
        requiring new or improved skills, members of the Foreign 
        Service, other than foreign national employees and consular 
        agents (as such terms are defined in section 103 of the Foreign 
        Service Act of 1980 (22 U.S.C. 3903)), as appropriate, receive 
        language, security, area, and other training that is necessary 
        to successfully execute their responsibilities and to enable 
        such members to obtain advanced and other education that will 
        increase the capacity of the Foreign Service to complete its 
        mission.
    (b) Authorized Increases.--
            (1) At the department of state.--The Secretary of State is 
        authorized to hire an additional 750 members of the Foreign 
        Service (above attrition) in fiscal year 2010 over the number 
        of such members employed as of September 30, 2009, and an 
        additional 750 members of the Foreign Service (above attrition) 
        in fiscal year 2011 over the number of such members employed as 
        of September 30, 2010.
            (2) At usaid.--The Administrator of the United States 
        Agency for International Development is authorized to hire an 
        additional 350 members of the Foreign Service (above attrition) 
        in fiscal year 2010 over the number of such members employed as 
        of September 30, 2009, and an additional 350 members of the 
        Foreign Service (above attrition) in fiscal year 2011 over the 
        number of such members employed as of September 30, 2010.
            (3) Rule of construction.--Nothing in this subsection shall 
        be construed as limiting the authority of the Secretary of 
        State or the Administrator of the United States Agency for 
        International Development to hire personnel.
    (c) Expansion of Functions of the Foreign Service.--Section 104 of 
the Foreign Service Act of 1980 (22 U.S.C. 3904) is amended--
            (1) by redesignating paragraphs (2) and (3) as paragraphs 
        (3) and (4), respectively; and
            (2) by inserting after paragraph (1) the following new 
        paragraph:
            ``(2) work actively to prevent, mitigate, and respond in a 
        timely manner to international crises and instability in 
        foreign countries that threaten the key United States foreign 
        policy and national security interests;''.
    (d) Worldwide Availability.--Section 301(b) of the Foreign Service 
Act of 1980 (22 U.S.C. 3941(b)) is amended--
            (1) by inserting ``(1)'' before ``The Secretary''; and
            (2) by adding at the end the following new paragraph:
    ``(2)(A) Except as provided in subparagraphs (B) and (C), at the 
time of entry into the Service, each member of the Service shall be 
available to be assigned worldwide.
    ``(B) With respect to the medical eligibility of any applicant for 
appointment as a Foreign Service officer candidate, the Secretary of 
State shall determine such availability through appropriate medical 
examinations. If based on such examinations the Secretary determines 
that such applicant is ineligible to be assigned worldwide, the 
Secretary may waive the worldwide availability requirement under 
subparagraph (A) if the Secretary determines that such waiver is 
required to fulfill a compelling Service need. The Secretary shall 
establish an internal administrative review process for medical 
ineligibility determinations.
    ``(C) The Secretary may also waive or reduce the worldwide 
availability requirement under subparagraph (A) if the Secretary 
determines, in the Secretary's discretion, that such waiver or 
reduction is warranted.''.
    (e) Recruiting Candidates Who Have Experience in Unstable 
Situations.--Section 301 of the Foreign Service Act of 1980 (22 U.S.C. 
3941), as amended by section 212(c) of this division, is further 
amended by adding at the end the following new subsection:
    ``(f) Experience in Unstable Situations.--The fact that an 
applicant for appointment as a Foreign Service officer candidate has 
the experience of working in situations where public order has been 
undermined by instability, or where there is no civil authority that 
can effectively provide public safety, may be considered an affirmative 
factor in making such appointments.''.
    (f) Training.--Section 708 of the Foreign Service Act of 1980 (22 
U.S.C. 4028) is amended by adding at the end the following new 
subsections:
    ``(c) The Secretary of State shall ensure that members of the 
Service, other than foreign national employees and consular agents, as 
appropriate, receive training on methods for conflict mitigation and 
resolution and on the necessary skills to be able to function 
successfully where public order has been undermined by instability or 
where there is no civil authority that can effectively provide public 
safety.
    ``(d) The Secretary of State shall ensure that members of the 
Service, other than foreign national employees and consular agents, as 
appropriate, have opportunities during their careers to obtain advanced 
education and training in academic and other relevant institutions in 
the United States and abroad to increase the capacity of the Service to 
fulfill its mission.''.

SEC. 302. QUADRENNIAL REVIEW OF DIPLOMACY AND DEVELOPMENT.

    (a) Development of National Strategy on Diplomacy and 
Development.--
            (1) In general.--Not later than December 1, 2010, the 
        President shall develop and transmit to the appropriate 
        congressional committees a national strategy on United States 
        diplomacy and development. The strategy shall include the 
        following:
                    (A) An identification of key objectives and 
                missions for United States foreign policy and foreign 
                assistance policies and programs, including a clear 
                statement on United States objectives for development 
                assistance.
                    (B) A description of the roles of civilian agencies 
                and mechanisms for implementing such strategy, 
                including interagency coordination.
                    (C) The requirements for overseas infrastructure 
                necessary to carry out such strategy.
                    (D) Plans to adapt such agencies and mechanisms to 
                changing circumstances and the role of international 
                institutions in such strategy.
                    (E) Budget requirements to carry out such strategy.
                    (F) Other elements of United States foreign policy 
                and foreign assistance policies and programs with a 
                view toward determining and expressing the strategy of 
                the United States and establishing a diplomacy and 
                development program for the next 10 years.
            (2) Relationship to national security strategy.--The 
        strategy described in paragraph (1) shall be consistent with 
        any National Security Strategy prescribed by the President 
        pursuant to section 108 of the National Security Act of 1947 
        (50 U.S.C. 404a) that has been issued after the date of the 
        enactment of this Act.
    (b) Review Required.--
            (1) In general.--Beginning in 2013, the President shall 
        every 4 years, during a year following a year evenly divisible 
        by four, conduct a comprehensive examination (to be known as a 
        ``Quadrennial Review of Diplomacy and Development'') of the 
        national strategy for United States diplomacy and development 
        described in subsection (a).
            (2) Key elements of review.--The review described in 
        paragraph (1) shall include the following:
                    (A) A review of all elements of the strategy 
                described in subsection (a), consistent with the most 
                recent National Security Strategy prescribed by the 
                President pursuant to section 108 of the National 
                Security Act of 1947 (50 U.S.C. 404a) that has been 
                issued after the date of the enactment of this Act.
                    (B) A review of the roles and responsibilities of 
                Federal departments and agencies in carrying out the 
                strategy described in subsection (a) and the mechanisms 
                for cooperation between such departments and agencies, 
                including the coordination of such departments and 
                agencies and the relationship between the principal 
                offices of such departments and agencies and offices 
                defining sufficient capacity, resources, overseas 
                infrastructure, budget plan, and other elements of 
                United States diplomacy and development of the United 
                States that would be required to have a high level of 
                confidence that the United States can successfully 
                execute the full range of missions called for in such 
                strategy.
                    (C) Identifying the budget plan that would be 
                required to provide sufficient resources to execute 
                successfully the full range of missions called for in 
                the strategy described in subsection (a) at a high 
                level of success and any additional resources required 
                to achieve such a level of success.
                    (D) Making recommendations that are not constrained 
                to comply with the budget submitted to Congress by the 
                President pursuant to section 1105(a) of title 31, 
                United States Code.
            (3) Interagency coordination and consultation.--
                    (A) In general.--Each Quadrennial Review of 
                Diplomacy and Development shall take into account the 
                views of the Secretary of State, the Administrator of 
                the United States Agency for International Development, 
                the Secretary of Defense, the Secretary of the 
                Treasury, the United States Trade Representative, and 
                the head of any other relevant agency.
                    (B) Delegation.--If the President delegates the 
                requirements of this section, the head of the Federal 
                department or agency to whom such delegation is made 
                shall consult with each official specified in 
                subparagraph (A).
    (c) Consultation With Outside Stakeholders.--In developing the 
strategy required under subsection (a) and conducting the review 
required under subsection (b), the President shall consult with private 
businesses, non-governmental organizations involved in diplomacy and 
development, and experts at academic institutions or institutions 
involved in the study of foreign policy or development matters.
    (d) QRDD and Congressional Committees.--
            (1) Consultation.--In developing the strategy required 
        under subsection (a) and conducting the review required under 
        subsection (b), the President shall consult with the 
        appropriate congressional committees.
            (2) Report.--The President shall transmit to the 
        appropriate congressional committees a report on each 
        Quadrennial Review of Diplomacy and Development. The report 
        shall be submitted in the year following the year in which such 
        a Quadrennial Review is conducted, but not later than the date 
        on which the President submits the budget for the next fiscal 
        year to Congress under section 1105(a) of title 31, United 
        States Code. The report shall include the following:
                    (A) The results of such a Quadrennial Review, 
                including a comprehensive discussion of the national 
                strategy for United States foreign policy and foreign 
                assistance policies and programs, the roles and 
                responsibilities of and strategic guidance for civilian 
                agencies and mechanisms in implementing such strategy, 
                the requirements for overseas infrastructure necessary 
                to carry out such strategy, plans to adapt such 
                agencies and mechanisms to changing circumstances, and 
                the role of international institutions in such 
                strategy.
                    (B) The assumed or defined objectives and missions 
                that inform the national strategy for United States 
                foreign policy and foreign assistance policies and 
                programs.
                    (C) The threats to the assumed or defined 
                objectives and missions of the United States that were 
                examined for the purposes of such a Quadrennial Review.
                    (D) The assumptions used in such a Quadrennial 
                Review, including assumptions relating to--
                            (i) the capacity of United States 
                        diplomatic and development personnel to respond 
                        to such threats;
                            (ii) the cooperation and capacity of 
                        allies, other friendly countries, and 
                        international institutions in addressing such 
                        threats;
                            (iii) levels of engagement in operations 
                        other than war and smaller-scale contingencies 
                        and withdrawal from such operations and 
                        contingencies; and
                            (iv) the intensity, duration, and military 
                        and political end-states of conflicts and 
                        smaller-scale contingencies that arise in the 
                        diplomatic and development context.
                    (E) The anticipated roles and missions of the 
                reserve components available to civilian agencies, 
                including capabilities and resources necessary to 
                assure that such reserve components can capably 
                discharge such roles and missions.
                    (F) The extent to which diplomatic and development 
                personnel need to be shifted to different regions to 
                carry out the national strategy under subsection (a).
                    (G) Any other matter the Secretary considers 
                appropriate.
    (e) Independent Panel Assessment.--
            (1) In general.--Not later than 6 months before the date on 
        which the report on a Quadrennial Review of Diplomacy and 
        Development is to be transmitted under subsection (d), the 
        President shall establish a panel to conduct an assessment of 
        such a Quadrennial Review.
            (2) Report on assessment.--Not later than 3 months after 
        the date on which the report on such a Quadrennial Review is 
        transmitted under subsection (d), the panel established under 
        paragraph (1) shall submit to the appropriate congressional 
        committees an assessment of such a Quadrennial Review, 
        including an assessment of the recommendations of such a 
        Quadrennial Review, the stated and implied assumptions 
        incorporated in such a Quadrennial Review, and the 
        vulnerabilities of the strategy underlying such a Quadrennial 
        Review.
    (f) Exclusion.--Any provision in this section relating to budgets 
or budget plans shall not be construed to require any information on 
any program that is funded from accounts within budget function 050 
(National Defense).

SEC. 303. ESTABLISHMENT OF THE LESSONS LEARNED CENTER.

    (a) Establishment.--The Secretary of State, in consultation with 
the Administrator of the United States Agency for International 
Development (USAID), is authorized to establish in the Department of 
State and under the authority of the Undersecretary for Management a 
Lessons Learned Center (referred to in this section as the ``LLC'') 
which will serve as a central organization for collection, analysis, 
archiving, and dissemination of observations, best practices, and 
lessons learned by, from, and to Foreign Service officers and support 
personnel in the Department of State and USAID.
    (b) Purpose.--The purpose of the LLC is to increase, enhance, and 
sustain the ability of the Department of State and USAID to effectively 
carry out their missions by devising a system for the collection, 
analysis, archiving, and dissemination of lessons learned, improving 
information sharing and learning capacity, and enabling, encouraging, 
and rewarding critical, innovative analysis.
    (c) Report.--Not later than 180 days after the date of the 
enactment of this Act, the Secretary of State shall submit to the 
appropriate congressional committees a report on the status of efforts 
to establish the LLC. The report shall include recommendations--
            (1) concerning the regulation and structure of the LLC, 
        including--
                    (A) how to encourage service in the LLC;
                    (B) how to provide for the necessary academic 
                freedom to provide innovative, critical analysis;
                    (C) how to ensure that the staffing of the LLC is a 
                mix of senior and junior staff of the Foreign Service 
                and civil service in the Department of State and USAID;
                    (D) the anticipated expenditures associated with 
                the establishment of the LLC under subsection (a); and
                    (E) physical structure of the LLC; and
            (2) for any legislation necessary to establish the LLC.
    (d) Definitions.--In this section:
            (1) Academic freedom.--The term ``academic freedom'' means 
        the capability, capacity, and authorization to produce analysis 
        and evaluation without concern for retaliation or other 
        negative impact on the observer's career.
            (2) Lessons learned.--The term ``lessons learned'' means 
        information resulting from evaluation or observation of 
        negotiations, operations, exercises, training events, or other 
        processes and experiences, particularly any corrective measures 
        or innovative techniques, that produced an improved performance 
        or increased capability.

SEC. 304. LOCALLY EMPLOYED STAFF COMPENSATION.

    (a) Findings.--Congress finds the following:
            (1) United States diplomatic and consular missions 
        worldwide retain over 51,000 locally employed staff under local 
        compensation plans (LCP's) in about 170 overseas missions.
            (2) The locally employed staff is the backbone of 
        diplomatic operations, providing management, programmatic, 
        security, maintenance, custodial, and other services wherever 
        the Department of State has established an overseas post.
            (3) Foreign Service and other United States officers who 
        rotate in-and-out of such missions every 2 to 3 years are 
        highly dependent on the local employees to bring them up to 
        speed and make sure that the work of any such mission does not 
        falter in transitions during rotations.
            (4) As the number of positions at such missions designated 
        for United States officers that are not filled continues to 
        increase, locally employed staff are called upon to assume many 
        of the responsibilities that United States staff have carried 
        in the past.
            (5) Based on a survey conducted by the Office of the 
        Inspector General (OIG) Department of State, the United States 
        is failing to provide a competitive compensation package for 
        locally employed staff that is commensurate with their 
        experience, technical skills, and responsibilities.
            (6) The Department of State OIG survey data show that the 
        United States Government is providing salary increases that are 
        approximately 60 percent of what is the prevailing practice of 
        the local labor market.
            (7) The Department of State OIG has found numerous cases in 
        which such missions are losing staff to other employers. The 
        OIG has also found numerous cases where it is difficult to 
        replace employees who left to take other jobs, particularly in 
        countries with low unemployment rates.
    (b) Policy Review.--The Secretary of State shall direct a policy 
review to assess the adequacy of locally employed staff compensation. 
In carrying out such policy review the Secretary shall consider the 
recommendations of the Office of the Inspector General of the 
Department of State, including the following:
            (1) The Bureau of Human Resources, in coordination with the 
        Office of Management, Policy, Rightsizing and Innovation, 
        should hire an outside contractor with international experience 
        to perform an organizational review of the Compensation 
        Management Division of the Office of Overseas Employment to 
        advise on the organization of the compensation management 
        division and on how many analysts are required to handle the 
        compensation management responsibilities, and to recommend 
        training and certifications the analysts should obtain.
            (2) The Office of Management, Policy, Rightsizing and 
        Innovation, in coordination with the Bureau of Human Resources 
        and the Bureau of Resource Management, should ensure that the 
        working group on locally employed staff compensation reviews 
        the connectivity between the activities of the Office of 
        Overseas Employment and the Office of State Programs, 
        Operations and Budget in the Bureau of Resource Management, and 
        makes and distributes written, documented determinations as to 
        the data used by the two offices to make estimates of locally 
        employed staff compensation adjustments, the timing of these 
        activities, and the responsibility each office has for tracking 
        implementation of locally employed staff compensation 
        adjustments.
            (3) The Bureau of Human Resources, in coordination with the 
        Office of Management, Policy, Rightsizing and Innovation, 
        should implement a locally employed staff compensation review 
        process whereby the Office of Overseas Employment in the Bureau 
        of Human Resources reviews and adjust each post's salary 
        schedule every 5 years based on a recent salary survey. During 
        the intervening years, the Department should authorize cost-of-
        living (or inflation) adjustments based on reliable inflation 
        data.
            (4) The Bureau of Human Resources, in coordination with the 
        Office of Management, Policy, Rightsizing and Innovation, 
        should implement a systematic process of providing 
        comprehensive information to diplomatic and consular missions, 
        Department of State offices, and agency headquarters on 
        periodic salary survey reviews, including comprehensible salary 
        survey analysis, explanations of salary survey changes, and if 
        appropriate, copies of the off-the-shelf surveys for the host 
        country. This approach should be documented and made a part of 
        the periodic process.
            (5) The Bureau of Human Resources, in coordination with the 
        Office of Management, Policy, Rightsizing and Innovation, the 
        regional bureaus, and the Bureau of Resource Management, should 
        establish, maintain, and monitor a database that tracks 
        information related to locally employed staff compensation and 
        adjustments, including budgetary resources, salary level 
        ceilings calculated by the Office of Overseas Employment, 
        salary levels requested by post, salary levels implemented, 
        dates for these activities, and calculations of whether the 
        Department is meeting prevailing practice. This database should 
        replace the current practice of communicating salary review 
        information by cable.
            (6) The Bureau of Human Resources, in coordination with the 
        Office of Management, Policy, Rightsizing and Innovation, 
        should evaluate the possibility of using different pay setting 
        data establishing different pay scales for blue-collar 
        positions and for professional level positions, and should 
        issue and distribute a written report on the findings and the 
        possibility of implementing the findings.
            (7) The Office of Management, Policy, Rightsizing and 
        Innovation should ensure that the working group on locally 
        employed staff compensation considers the possibility of 
        including members from other United States Government agencies 
        that employ locally employed staff. Whether this recommendation 
        is implemented or not, the Office of Management, Policy, 
        Rightsizing and Innovation should document the decision in 
        writing, and distribute the decision widely in the Department 
        of State and to other agencies that employ locally employed 
        staff.
            (8) The Office of Management, Policy, Rightsizing and 
        Innovation should ensure that the working group on locally 
        employed staff compensation considers the possibility of 
        centralizing decision making for locally employed staff salary 
        increases, and, whether such is eventually implemented or not, 
        make a determination as to its value, document the decision in 
        writing, and distribute the decision widely in the Department 
        of State.
            (9) The Bureau of Human Resources, in cooperation with 
        Resource Management International Cooperative Administrative 
        Support Services, should establish a senior level interagency 
        locally employed staff board of governors to set overall 
        locally employed staff policy.
            (10) The Bureau of Human Resources should send the cable 
        announcing the proposed salary increases for locally employed 
        staff to the attention of both the chief of mission and the 
        management officer.
            (11) The Bureau of Human Resources should request a list of 
        position titles and grades from all positions with exception 
        rate ranges and details on the exception rate range adjustments 
        in the 2010 Locally Employed Staff Compensation Questionnaire.
    (c) Report.--Not later than 90 days after the date of the enactment 
of this Act, the Secretary of State shall submit to the appropriate 
committees a report on the implementation of this section, including a 
review of efforts to implement the recommendations of the Office of the 
Inspector General of the Department of State specified in subsection 
(b).

SEC. 305. INCREASING THE CAPACITY OF THE DEPARTMENT OF STATE TO RESPOND 
              TO CRISES.

    Paragraph (5) of section 1603 of the Reconstruction and 
Stabilization Civilian Management Act of 2008 (title XVI of Public Law 
110-417) is amended to read as follows:
            ``(5) Personnel defined.--The term `personnel' means--
                    ``(A) individuals serving in any service described 
                in section 2101 of title 5, United States Code, other 
                than in the legislative or judicial branch;
                    ``(B) individuals employed by personal services 
                contract, including those employed pursuant to section 
                2(c) of the State Department Basic Authorities Act of 
                1956 (22 U.S.C. 2669(c)) and section 636(a)(3) of the 
                Foreign Assistance Act of 1961 (22 U.S.C. 2396(a)(3)); 
                and
                    ``(C) individuals appointed under section 303 of 
                the Foreign Service Act of 1980 (22 U.S.C. 3943).''.

       Subtitle B--Foreign Service Pay Equity and Death Gratuity

SEC. 311. SHORT TITLE.

    This subtitle may be cited as the ``Foreign Service Overseas Pay 
Equity Act of 2009''.

SEC. 312. OVERSEAS COMPARABILITY PAY ADJUSTMENT.

    (a) Overseas Comparability Pay Adjustment.--
            (1) In general.--Chapter 4 of title I of the Foreign 
        Service Act of 1980 (22 U.S.C. 3961 and following) is amended 
        by adding at the end the following:

``SEC. 415. OVERSEAS COMPARABILITY PAY ADJUSTMENT.

    ``(a) In General.--A member of the Service who is designated class 
1 or below for purposes of section 403 and whose official duty station 
is neither in the continental United States nor in a non-foreign area 
shall receive, in accordance with the phase-in schedule set forth in 
subsection (c), a locality-based comparability payment (stated as a 
percentage) equal to the locality-based comparability payment (stated 
as a percentage) that would be provided under section 5304 of title 5, 
United States Code, if such member's official duty station were in the 
District of Columbia.
    ``(b) Treatment as Basic Pay.--The amount of any locality-based 
comparability payment which is payable to a member of the Service by 
virtue of this section--
            ``(1) shall be considered to be part of the basic pay of 
        such member--
                    ``(A) for the same purposes as provided for under 
                section 5304(c)(2)(A) of title 5, United States Code; 
                and
                    ``(B) for purposes of chapter 8; and
            ``(2) shall be subject to any limitations on pay applicable 
        to locality-based comparability payments under section 5304 of 
        title 5, United States Code.
    ``(c) Phase-In.--The locality-based comparability payment payable 
to a member of the Service under this section shall--
            ``(1) beginning on the first day of the first pay period 
        that is 90 days after the date of the enactment of this 
        subsection, be up to 33.33 percent of the payment which would 
        otherwise apply under subsection (a);
            ``(2) beginning on the first day of the first pay period in 
        April 2010, be up to 66.67 percent of the payment which would 
        otherwise apply under subsection (a); and
            ``(3) beginning on the first day of the first pay period in 
        fiscal year 2011 and each subsequent fiscal year, be equal to 
        the payment determined under subsection (a).
    ``(d) Non-foreign Area Defined.--For purposes of this section, the 
term `non-foreign area' has the same meaning as is given such term in 
regulations carrying out section 5941 of title 5, United States 
Code.''.
            (2) Conforming amendment.--The table of contents set forth 
        in section 2 of such Act is amended by inserting after the item 
        relating to section 414 the following:

``Sec. 415. Overseas comparability pay adjustment.''.
    (b) Conforming Amendments Relating to the Foreign Service 
Retirement Systems.--
            (1) Contributions to the fund.--Effective as of the first 
        pay period beginning on or after October 1, 2010, section 
        805(a) of the Foreign Service Act of 1980 (22 U.S.C. 4045(a)) 
        is amended--
                    (A) in paragraph (1)--
                            (i) in the first sentence, by striking 
                        ``7.25 percent'' and inserting ``7 percent''; 
                        and
                            (ii) in the second sentence, by striking 
                        ``The contribution by the employing agency'' 
                        through ``and shall be made'' and inserting 
                        ``An equal amount shall be contributed by the 
                        employing agency'';
                    (B) in paragraph (2)--
                            (i) in subparagraph (A), by striking ``, 
                        plus an amount equal to .25 percent of basic 
                        pay''; and
                            (ii) in subparagraph (B), by striking ``, 
                        plus an amount equal to .25 percent of basic 
                        pay''; and
                    (C) in paragraph (3), by striking all that follows 
                ``Code'' and inserting a period.
            (2) Computation of annuities.--Section 806(a)(9) of such 
        Act (22 U.S.C. 4046(a)(9)) is amended by striking ``is outside 
        the continental United States shall'' and inserting ``was 
        outside the continental United States during the period 
        beginning on December 29, 2002, and ending on the day before 
        the first day of the first pay period beginning on or after 
        October 1, 2011 (or during any portion thereof), shall, to the 
        extent that such computation is based on the basic salary or 
        basic pay of such member for such period (or portion 
        thereof),''.
            (3) Entitlement to annuity.--Section 855(a)(3) of such Act 
        (22 U.S.C. 4071d(a)(3)) is amended--
                    (A) by striking ``section 8414'' and inserting 
                ``section 8415''; and
                    (B) by striking ``is outside the continental United 
                States shall'' and inserting ``was outside the 
                continental United States during the period beginning 
                on December 29, 2002, and ending on the day before the 
                first day of the first pay period beginning on or after 
                October 1, 2011 (or during any portion thereof), shall, 
                to the extent that such computation is based on the 
                basic salary or basic pay of such member for such 
                period (or portion thereof),''.
            (4) Deductions and withholdings from pay.--Section 
        856(a)(2) of such Act (22 U.S.C. 4071e(a)(2)) is amended to 
        read as follows:
            ``(2) The applicable percentage under this subsection shall 
        be as follows:


``Percentage                             Time Period
  7.5..................................  Before January 1, 1999.
  7.75.................................  January 1, 1999, to December
                                          31, 1999.
  7.9..................................  January 1, 2000, to December
                                          31, 2000.
  7.55.................................  January 11, 2003, to the day
                                          before the first day of the
                                          first pay period beginning on
                                          or after October 1, 2011.
  7.5..................................  Beginning on the first day of
                                          the first pay period beginning
                                          on or after October 1,
                                          2011.''.
 

    (c) Reporting Requirements.--Not later than October 1, 2010, the 
Secretary of State shall submit to the appropriate congressional 
committees an assessment of all allowances provided to members of the 
Foreign Service under the Foreign Service Act of 1980 or under title 5, 
United States Code, and in particular, how such allowances have been or 
will be affected by the amendments to the Foreign Service Act of 1980 
made by this Act.

SEC. 313. DEATH GRATUITY.

    The first sentence of section 413(a) of the Foreign Service Act of 
1980 (22 U.S.C. 3973(a)) is amended by striking ``at the time of 
death'' and inserting ``at level II of the Executive Schedule under 
section 5313 of title 5, United States Code, at the time of death, 
except that for employees compensated under local compensation plans 
established under section 408, the amount shall be equal to the greater 
of 1 year's salary at the time of death or 1 year's salary at the 
highest step of the highest grade on the local compensation plan from 
which the employee was being paid at the time of death''.

          Subtitle C--Other Organization and Personnel Matters

SEC. 321. 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:

``SEC. 506. TRANSATLANTIC DIPLOMATIC FELLOWSHIP PROGRAM.

    ``(a) In General.--The Secretary is authorized to establish the 
Transatlantic Diplomatic Fellowship Program. Under the program, the 
Secretary may assign a member of the Service, for not more than 1 year, 
to a position with any designated country or designated entity that 
permits an employee to be assigned to a position with the Department.
    ``(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.''.

SEC. 322. 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 321(a) of this division) the following new 
section:

``SEC. 507. SECURITY OFFICERS EXCHANGE PROGRAM.

    ``(a) In General.--The Secretary is authorized to establish the 
Security Officers Exchange Program. Under the program, the Secretary 
may assign a member of the Service, for not more than a total of 3 
years, to a position with any country or international organization 
designated by the Secretary pursuant to subsection (c) that permits an 
employee to be assigned to a position with the Department.
    ``(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 
321(b)(2)(B) of this Act) the following new item:

``Sec. 507. Security officers exchange program.''.

SEC. 323. 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.''.

SEC. 324. 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.

SEC. 325. 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 ``subsection (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 1 year break in 
service between each appointment. The Secretary may in cases of special 
need waive the requirement for a 1 year break in service.''.

SEC. 326. 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).''.

SEC. 327. REEMPLOYMENT OF FOREIGN SERVICE ANNUITANTS.

    Section 824(g) of the Foreign Service Act of 1980 (22 U.S.C. 
4064(g)) is amended--
            (1) in paragraph (1)(B), by striking ``to facilitate the'' 
        and all that follows through ``Afghanistan,'';
            (2) by striking paragraph (2); and
            (3) by redesignating paragraph (3) as paragraph (2).

SEC. 328. PERSONAL SERVICES CONTRACTORS.

    (a) In General.--In addition to other authorities that may be 
available, the Secretary of State may establish a pilot program (in 
this section referred to as the ``program'') for the purpose of hiring 
United States citizens or aliens as personal services contractors, for 
service in the United States, or for service both in the United States 
and abroad, to respond to new or emerging needs or to augment current 
services.
    (b) Conditions.--The Secretary is authorized to use the authority 
of subsection (a), subject to the following conditions:
            (1) The Secretary determines that existing personnel 
        resources are insufficient.
            (2) The contract length, including options, may not exceed 
        2 years, unless the Secretary makes a finding that exceptional 
        circumstances justify an extension of up to one additional 
        year.
            (3) Not more than a total of 200 United States citizens or 
        aliens are employed at any one time as personal services 
        contractors under this section.
            (4) This authority may only be used to obtain specialized 
        skills or experience or to respond to urgent needs.
    (c) Status of Personal Service Contractors.--
            (1) In general.--An individual hired as a personal service 
        contractor pursuant to this section shall not, by virtue of 
        such hiring, be considered to be an employee of the United 
        States Government for purposes of any law administered by the 
        Office of Personnel Management.
            (2) Applicable laws.--An individual hired as a personal 
        service contractor pursuant to this section shall be covered, 
        in the same manner as a similarly-situated employee, by--
                    (A) the Ethics in Government Act of 1978;
                    (B) section 27 of the Office of Federal Procurement 
                Policy Act; and
                    (C) chapter 73 of title 5, sections 201, 203, 205, 
                207, 208, and 209 of title 18, and section 1346 and 
                chapter 171 of title 28, United States Code.
            (3) Exception.--This subsection shall not affect the 
        determination as to whether an individual hired as a personal 
        service contractor pursuant to this section is an employee of 
        the United States Government for purposes of any Federal law 
        not specified in paragraphs (1) and (2).
    (d) Termination of Authority.--The authority to award personal 
services contracts under the program authorized by this section shall 
terminate on September 30, 2011. A contract entered into prior to the 
termination date under this subsection may remain in effect until 
expiration.

SEC. 329. PROTECTION OF INTELLECTUAL PROPERTY RIGHTS.

    (a) Resources To Protect Intellectual Property Rights.--The 
Secretary of State shall ensure that the protection in foreign 
countries of the intellectual property rights of United States persons 
in other countries is a significant component of United States foreign 
policy in general and in relations with individual countries. The 
Secretary of State, in consultation with the Director General of the 
United States and Foreign Commercial Service and other agencies as 
appropriate, shall ensure that adequate resources are available at 
diplomatic missions in any country that is identified under section 
182(a)(1) of the Trade Act of 1974 (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 and support for the host government's 
        efforts to reform its applicable laws, regulations, practices, 
        and agencies to enable that government to fulfill its 
        international and bilateral obligations with respect to 
        intellectual property rights.
    (b) New Appointments.--The Secretary of State, in consultation with 
the Director General of the United States and Foreign Commercial 
Service, shall appoint 10 intellectual property attaches to serve in 
United States embassies or other diplomatic missions. The 10 
appointments shall be in addition to personnel serving, on the date of 
the enactment of this Act, in the capacity of intellectual property 
attaches from any department or agency of the United States at United 
States embassies or other diplomatic missions.
    (c) Priority Assignments.--
            (1) In general.--Subject to paragraph (2), in designating 
        the embassies or other missions to which attaches are assigned 
        under subsection (b), the Secretary of State shall give 
        priority to those countries where the activities of an attache 
        may be carried out with the greatest potential benefit to 
        reducing counterfeit and pirated products in the United States 
        market, to protecting the intellectual property rights of 
        United States persons and their licensees, and to protecting 
        the interests of United States persons otherwise harmed by 
        violations of intellectual property rights in those countries.
            (2) Assignments to priority countries.--In carrying out 
        paragraph (1), the Secretary of State shall consider assigning 
        intellectual property attaches--
                    (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 
Attaches.--The intellectual property attaches appointed under 
subsection (b), as well as others serving as intellectual property 
attaches of any other department or agency of the United States, shall 
have the following responsibilities:
            (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 attaches, to engage in public 
        education efforts against counterfeiting and piracy in the host 
        country.
            (6) To assist in the coordination of training and technical 
        assistance programs of the United States Government within the 
        host country that are aimed at improving the enforcement of 
        laws against counterfeiting and piracy.
            (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 
attache appointed under subsection (b) is fully trained for the 
responsibilities of the position before assuming duties at the United 
States embassy or other mission in question.
    (f) Coordination.--The activities of intellectual property attaches 
under this section shall be carried out in coordination with the United 
States Intellectual Property Enforcement Coordinator appointed under 
section 301 of the Prioritizing Resources and Organization for 
Intellectual Property Act of 2008 (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 attaches 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 this 
                section 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 or distribution 
                of goods, including packaging, that bear a spurious 
                mark or designation that is identical to or 
                substantially indistinguishable from a mark or 
                designation protected under trademark laws or related 
                legislation.
                    (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 or distribution of 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 attaches appointed 
under subsection (b) and of other personnel serving as intellectual 
property attaches of any other department or agency of the United 
States.

SEC. 330. DEPARTMENT OF STATE EMPLOYMENT COMPOSITION.

    (a) Statement of Policy.--In order for the Department of State to 
accurately represent all people in the United States, the Department 
must accurately reflect the diversity of the United States.
    (b) Report on Minority Recruitment.--Section 324 of the Foreign 
Relations Authorization Act, Fiscal Year 2003 (Public Law 107-228) is 
amended--
            (1) in the matter preceding paragraph (1)--
                    (A) by striking ``On'' and inserting ``(a) Report 
                on Minority Groups and Women.--On'';
                    (B) by striking ``April 1, 2003, and April 1, 
                2004,'' and inserting ``April 1, 2010, and April 1, 
                2011,'';
            (2) in paragraphs (1) and (2), by striking ``minority 
        groups'' each place it appears and inserting ``minority groups 
        and women''; and
            (3) by adding at the end the following new subsection:
    ``(b) Development of Metrics To Evaluate Employment Composition.--
The report required by subsection (a) shall also include a description 
of the following:
            ``(1) The ability of current recruitment, advancement, and 
        retention practices to attract and maintain a diverse pool of 
        qualified individuals in sufficient numbers throughout the 
        Department, including in the Cooperative Education Program 
        (also known as the `Student Career Experience Program').
            ``(2) Efforts to develop a uniform definition, to be used 
        throughout the Department, of diversity that is congruent with 
        the core values and vision of the Department for the future 
        workforce.
            ``(3) The existence of additional metrics and milestones 
        for evaluating the diversity plans of the Department, including 
        the Foreign Service and Senior Foreign Service, and for 
        facilitating future evaluation and oversight.''.
    (c) Public Availability.--Each report required under section 324 of 
the Foreign Relations Authorization Act, Fiscal Year 2003, as amended 
by subsection (b) of this section, shall be made available to the 
public on the website of the Department of State not later than 15 days 
after the submission to Congress of each such report.
    (d) GAO Review.--The Comptroller General of the United States, in 
consultation with the appropriate congressional committees, shall 
conduct a review of the employment composition, recruitment, 
advancement, and retention policies of the Department of State for 
women and minority groups, including the information in the reports 
required under section 324 of the Foreign Relations Authorization Act, 
Fiscal Year 2003, as amended by subsection (b) of this section.
    (e) Acquisition.--Section 324 of the Foreign Relations 
Authorization Act, Fiscal Year 2003, as amended by subsection (b) of 
this section, is further amended by adding at the end the following new 
subsection:
    ``(c) For the immediately preceding 12-month period for which the 
information referred to in subsection (a) is available--
            ``(1) the numbers and percentages of small, minority-owned, 
        or disadvantaged businesses that provide goods and services to 
        the Department as a result of contracts with the Department 
        during such period;
            ``(2) the total number of such contracts;
            ``(3) the total dollar value of such contracts; and
            ``(4) and the percentage value represented by such contract 
        proportionate to the total value of all contracts held by the 
        Department.''.
    (f) Use of Funds.--The provisions of section 325 of the Foreign 
Relations Authorization Act, Fiscal Year 2003 shall apply to funds 
authorized to be appropriated under section 101 of this division.

SEC. 331. CONTRACTING.

    None of the funds authorized to be appropriated by this division, 
for projects initiated after the date of the enactment of this Act, may 
be used by the Department of State to enter into any Federal contract 
unless such contract is entered into in accordance with title III of 
the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 
251 et seq.) and the Federal Acquisition Regulation, unless such 
contract is otherwise authorized by statute to be entered into without 
regard to such Act and regulation.

SEC. 332. LEGISLATIVE LIAISON OFFICE OF THE DEPARTMENT OF STATE.

    (a) Report on Improving Effectiveness of Department of State 
Legislative Liaison Office.--Not later than 6 months after the date of 
the enactment of this Act, the Secretary of State shall submit to the 
Committee on Foreign Affairs and the Committee on House Administration 
of the House of Representatives and the Committee on Foreign Relations 
and the Committee on Rules and Administration of the Senate a report on 
the mission and effectiveness of the existing Department of State 
legislative liaison office.
    (b) Report Considerations.--The report required by subsection (a) 
shall consider--
            (1) whether the legislative liaison office has sufficient 
        resources necessary to communicate to Members of Congress, 
        committees, and their staffs the goals and missions of the 
        Department of State;
            (2) whether current space within the office buildings of 
        the House of Representatives as well as requested space within 
        the office buildings of the Senate is sufficient to meet the 
        mission of the legislative liaison office;
            (3) whether current representational allowances are 
        sufficient to allow the legislative liaison office to meet its 
        mission; and
            (4) the feasibility of increasing personnel numbers in the 
        legislative liaison office, including senior Foreign Service 
        Officers.

SEC. 333. DISCRIMINATION RELATED TO SEXUAL ORIENTATION.

    (a) Tracking Violence or Criminalization Related to Sexual 
Orientation.--The Assistant Secretary for Democracy, Human Rights and 
Labor shall designate a Bureau-based officer or officers who shall be 
responsible for tracking violence, criminalization, and restrictions on 
the enjoyment of fundamental freedoms, consistent with United States 
law, in foreign countries based on actual or perceived sexual 
orientation and gender identity.
    (b) International Efforts To Revise Laws Criminalizing 
Homosexuality.--In keeping with the Administration's endorsement of 
efforts by the United Nations to decriminalize homosexuality in member 
states, the Secretary of State shall work though appropriate United 
States Government employees at United States diplomatic and consular 
missions to encourage the governments of other countries to reform or 
repeal laws of such countries criminalizing homosexuality or consensual 
homosexual conduct, or restricting the enjoyment of fundamental 
freedoms, consistent with United States law, by homosexual individuals 
or organizations.
    (c) 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))--
                    (A) in paragraph (10), by striking ``and'' at the 
                end;
                    (B) in paragraph (11)--
                            (i) in subparagraph (B), by striking 
                        ``and'' at the end; and
                            (ii) in subparagraph (C), by striking the 
                        period at the end and inserting ``; and''; and
                    (C) by adding at the end the following new 
                paragraph:
            ``(12) wherever applicable, violence or discrimination that 
        affects the fundamental freedoms, consistent with United States 
        law, of an individual in foreign countries that is based on 
        actual or perceived sexual orientation and gender identity.''; 
        and
            (2) in section 502B(b) (22 U.S.C. 2304(b)), by inserting 
        after the eighth sentence the following new sentence: 
        ``Wherever applicable, violence or discrimination that affects 
        the fundamental freedoms, consistent with United States law, of 
        an individual in foreign countries that is based on actual or 
        perceived sexual orientation and gender identity.''.
    (d) Training for Foreign Service Officers.--Section 708(a) of the 
Foreign Service Act of 1980 (22 16 U.S.C. 4028(a)) is amended--
            (1) in the matter preceding paragraph (1), by inserting 
        ``the Secretary for Democracy, Human Rights and Labor,'' before 
        ``the Ambassador at Large'';
            (2) in paragraph (2), by striking ``and'' at the end;
            (3) in paragraph (3), by striking the period at the end and 
        inserting ``; and''; and
            (4) by adding at the end the end the following new 
        paragraph:
            ``(4) instruction, in courses covering human rights 
        reporting and advocacy work, on identifying violence or 
        discrimination that affects the fundamental freedoms, 
        consistent with United States law, of an individual that is 
        based on actual or perceived sexual orientation and gender 
        identity.''.

SEC. 334. OFFICE FOR GLOBAL WOMEN'S ISSUES.

    (a) Establishment.--There is established an Office for Global 
Women's Issues (in this section referred to as the ``Office'') in the 
Office of the Secretary of State in the Department of State. The Office 
shall be headed by the Ambassador-at-Large (in this section referred to 
as the ``Ambassador''), who shall be appointed by the President, by and 
with the advice and consent of the Senate. The Ambassador shall report 
directly to the Secretary of State.
    (b) Purpose.--The Office shall coordinate efforts of the United 
States Government regarding gender integration and women's empowerment 
in United States foreign policy.
    (c) Duties.--
            (1) In general.--The Ambassador shall--
                    (A) coordinate and advise on activities, policies, 
                programs, and funding relating to gender integration 
                and women's empowerment internationally for all bureaus 
                and offices of the Department of State and in the 
                international programs of other United States 
                Government departments and agencies;
                    (B) design, support, and as appropriate, implement, 
                limited projects regarding women's empowerment 
                internationally;
                    (C) actively promote and advance the full 
                integration of gender analysis into the programs, 
                structures, processes, and capacities of all bureaus 
                and offices of the Department of State and in the 
                international programs of other United States 
                Government departments and agencies; and
                    (D) direct, as appropriate, United States 
                Government resources to respond to needs for gender 
                integration and women's empowerment in United States 
                Government foreign policies and international programs.
            (2) Coordinating role.--The Ambassador shall coordinate 
        with the United States Agency for International Development and 
        the Millennium Challenge Corporation on all policies, programs, 
        and funding of such agencies relating to gender integration and 
        women's empowerment.
            (3) Diplomatic representation.--Subject to the direction of 
        the President and the Secretary of State, the Ambassador is 
        authorized to represent the United States in matters relevant 
        to the status of women internationally.
    (d) Reporting.--The heads of all bureaus and offices of the 
Department of State, as appropriate, shall evaluate and monitor all 
women's empowerment programs administered by such bureaus and offices 
and annually submit to the Ambassador a report on such programs and on 
policies and practices to integrate gender.
    (e) Relationship to Other Laws Regarding Abortion.--Nothing in this 
section, and in particular the duties of the office described in 
subsection (c), shall be construed as affecting in any way existing 
statutory prohibitions against abortion or existing statutory 
prohibitions on the use of funds to engage in any activity or effort to 
alter the laws or policies in effect in any foreign country concerning 
the circumstances under which abortion is permitted, regulated, or 
prohibited.
    (f) Authorization of Appropriations.--Of the amounts authorized to 
be appropriated under section 101, there are authorized to be 
appropriated such sums as may be necessary for each of fiscal years 
2010 and 2011 to carry out activities under this section.

SEC. 335. FOREIGN SERVICE VICTIMS OF TERRORISM.

    (a) Additional Death Gratuity.--Section 413 of the Foreign Service 
Act of 1980 (22 U.S.C. 3973) is amended--
            (1) by redesignating subsection (d) as subsection (e); and
            (2) by inserting after subsection (c) the following new 
        subsection:
    ``(d) In addition to a death gratuity payment under subsection (a), 
the Secretary or the head of the relevant United States Government 
agency is authorized to provide for payment to the surviving dependents 
of a Foreign Service employee or a Government executive branch 
employee, if such Foreign Service employee or Government executive 
branch employee is subject to the authority of the chief of mission 
pursuant to section 207, of an amount equal to a maximum of eight times 
the salary of such Foreign Service employee or Government executive 
branch employee if such Foreign Service employee or Government 
executive branch employee is killed as a result of an act of 
international terrorism. Such payment shall be accorded the same 
treatment as a payment made under subsection (a). For purposes of this 
subsection, the term `act of international terrorism' has the meaning 
given such term in section 2331(1) of title 18, United States Code.''.
    (b) Certain Specific Payments.--Subject to the availability of 
appropriations specifically for the purpose specified in this 
subsection as provided in appropriations Acts enacted on or after 
October 1, 2007, and notwithstanding any other provision of law, the 
Secretary of State shall pay the maximum amount of payment under 
section 413(d) of the Foreign Service Act of 1980 (as amended by 
subsection a(2) of this section) to an individual described in such 
section 413(d) or to an individual who was otherwise serving at a 
United States diplomatic or consular mission abroad without a regular 
salary who was killed as a result of an act of international terrorism 
(as such term is defined in section 2331(1) of title 18, United States 
Code) that occurred between January 1, 1998, and the date of the 
enactment of this section, including the victims of the bombing of 
August 7, 1998, in Nairobi, Kenya. Such a payment shall be deemed to be 
a payment under section 413(d) of the Foreign Service Act of 1980, 
except that for purposes of this section, such payment shall, with 
respect to a United States citizen receiving payment under this 
section, be in an amount equal to ten times the salary specified in 
this section. For purposes of this section and section 413(d) of such 
Act, with respect to a United States citizen receiving payment under 
this section, the salary to be used for purposes of determining such 
payment shall be $94,000.

SEC. 336. BROADENING EXPERIENCE WITHIN THE FOREIGN SERVICE.

    Not later than 180 days after the date of the enactment of this 
Act, the Secretary of State, acting through the Director of the Foreign 
Service, shall submit to the appropriate congressional committees a 
detailed plan to increase the career incentives provided to Foreign 
Service officers to serve in bureaus and offices of the Department of 
State not primarily focused on regional issues, including the Bureau of 
Democracy, Human Rights and Labor, the Bureau of Oceans and 
International Environmental and Scientific Affairs, and the Bureau of 
Population, Refugees and Migration. In formulating such plan, the 
Secretary shall consult with a broad range of active and retired 
Foreign Service officers and current and former officials of the 
Department to elicit proposals on how to promote non-regional 
assignments, and shall consider--
            (1) requiring all Foreign Service officers to serve at 
        least 2 years in an bureau or office of the Department not 
        primarily focused on regional issues prior to joining the 
        Senior Foreign Service; and
            (2) changing the composition of Foreign Service selection 
        boards to increase the participation of Department personnel 
        with extensive experience in bureaus and offices of the 
        Department not primarily focused on regional issues.

                 TITLE IV--INTERNATIONAL ORGANIZATIONS

                  Subtitle A--International Leadership

SEC. 401. SHORT TITLE.

    This subtitle may be cited as the ``United States International 
Leadership Act of 2009''.

SEC. 402. PROMOTING ASSIGNMENTS TO INTERNATIONAL ORGANIZATIONS.

    (a) Promotions.--
            (1) In general.--Section 603(b) of the Foreign Service Act 
        of 1980 (22 U.S.C. 4003) is amended, in the second sentence, by 
        inserting before the period at the end the following: ``, and 
        should consider whether the member of the Service has served in 
        a position whose primary responsibility is to formulate policy 
        toward, or represent the United States at, an international 
        organization, a multilateral institution, or a broad-based 
        multilateral negotiation of an international instrument''.
            (2) Effective date.--The amendment made by paragraph (1) 
        shall take effect on the date of the enactment of this Act and 
        shall apply to members of the Foreign Service beginning on 
        January 1, 2015.
    (b) Establishment of a Multilateral Diplomacy Cone in the Foreign 
Service.--
            (1) Findings.--Congress finds the following:
                    (A) The Department of State maintains a number of 
                United States missions both within the United States 
                and abroad that are dedicated to representing the 
                United States to international organizations and 
                multilateral institutions, including missions in New 
                York, Brussels, Geneva, Rome, Montreal, Nairobi, 
                Vienna, and Paris.
                    (B) In offices at the Harry S. Truman Building, the 
                Department maintains a significant number of positions 
                in bureaus that are either dedicated, or whose primary 
                responsibility is, to represent the United States to 
                such organizations and institutions or at multilateral 
                negotiations.
                    (C) Given the large number of positions in the 
                United States and abroad that are dedicated to 
                multilateral diplomacy, the Department of State may be 
                well served in developing persons with specialized 
                skills necessary to become experts in this unique form 
                of diplomacy.
            (2) Report.--Not later than 180 days after the date of the 
        enactment of this Act, the Secretary of State shall submit to 
        the appropriate congressional committees a report--
                    (A) evaluating whether a new cone should be 
                established for the Foreign Service that concentrates 
                on members of the Service who serve at international 
                organizations and multilateral institutions or are 
                primarily responsible for participation in broad-based 
                multilateral negotiations of international instruments; 
                and
                    (B) that provides alternative mechanisms for 
                achieving the objective of developing a core group of 
                United States diplomats and other Government employees 
                who have expertise and broad experience in conducting 
                multilateral diplomacy.

SEC. 403. IMPLEMENTATION AND ESTABLISHMENT OF OFFICE ON MULTILATERAL 
              NEGOTIATIONS.

    (a) Establishment of Office.--The Secretary of State is authorized 
to establish, within the Bureau of International Organization Affairs, 
an Office on Multilateral Negotiations, to be headed by a Special 
Representative for Multilateral Negotiations (in this section referred 
to as the ``Special Representative'').
    (b) Appointment.--If the office referred to in subsection (a) is 
established, the Special Representative shall be appointed by the 
President by and with the advice and consent of the Senate and shall 
have the rank of Ambassador-at-Large. At the discretion of the 
President another official at the Department may serve as the Special 
Representative. The President may direct that the Special 
Representative report to the Assistant Secretary for International 
Organization Affairs.
    (c) Staffing.--The Special Representative shall have a staff of 
Foreign Service and civil service officers skilled in multilateral 
diplomacy.
    (d) Duties.--The Special Representative shall have the following 
responsibilities:
            (1) In general.--The primary responsibility of the Special 
        Representative shall be to assist in the organization of, and 
        preparation for, United States participation in multilateral 
        negotiations, including the advocacy efforts undertaken by the 
        Department of State and other United States agencies.
            (2) Advisory role.--The Special Representative shall advise 
        the President and the Secretary of State, as appropriate, 
        regarding advocacy at international organizations and 
        multilateral institutions and negotiations and, in coordination 
        with the Assistant Secretary for International Organization 
        Affairs, shall make recommendations regarding--
                    (A) effective strategies and tactics to achieve 
                United States policy objectives at multilateral 
                negotiations;
                    (B) the need for and timing of high level 
                intervention by the President, the Secretary of State, 
                the Deputy Secretary of State, and other United States 
                officials to secure support from key foreign government 
                officials for the United States position at such 
                organizations, institutions, and negotiations;
                    (C) the composition of United States delegations to 
                multilateral negotiations; and
                    (D) liaison with Congress, international 
                organizations, nongovernmental organizations, and the 
                private sector on matters affecting multilateral 
                negotiations.
            (3) Leadership and membership of international 
        organizations.--The Special Representative, in coordination 
        with the Assistant Secretary of International Organization 
        Affairs, shall direct the efforts of the United States 
        Government to reform the criteria for leadership and membership 
        of international organizations.
            (4) Participation in multilateral negotiations.--The 
        Special Representative, or members of the Special 
        Representative's staff, may, as required by the President or 
        the Secretary of State, serve on a United States delegation to 
        any multilateral negotiation.

SEC. 404. SYNCHRONIZATION OF UNITED STATES CONTRIBUTIONS TO 
              INTERNATIONAL ORGANIZATIONS.

    Not later than 180 days after the date of the enactment of this 
Act, the President shall transmit to the appropriate congressional 
committees a plan on the implementation of section 404 of the Foreign 
Relations Authorization Act of 2003 (Public Law 107-228; relating to a 
resumption by the United States of the payment of its full 
contributions to certain international organizations at the beginning 
of each calendar year).

SEC. 405. UNITED STATES ARREARAGES TO THE UNITED NATIONS.

    In addition to amounts otherwise available for the payment of 
Assessed Contributions to International Organizations and Contributions 
for International Peacekeeping Activities, there is authorized to be 
appropriated such sums as may be necessary to pay all United States 
arrearages in payments to the United Nations recognized by the United 
States.

                     Subtitle B--General Provisions

SEC. 411. ORGANIZATION OF AMERICAN STATES.

    (a) Sense of Congress.--It is the sense of Congress that--
            (1) multilateral diplomacy in the context of the Americas 
        has suffered considerably in the past decade, to the direct 
        detriment of the national interest of the United States in the 
        region;
            (2) given the recent proliferation of multilateral 
        groupings in the Americas region in which the United States in 
        not a member, it is imperative to focus on and promote United 
        States diplomatic efforts in the Organization of American 
        States (OAS), where the United States is a founding member and 
        whose central tenets include democratic values considered vital 
        for this region;
            (3) it is critical for the United States to immediately re-
        establish its unique leadership voice in this region and 
        specifically in the OAS setting; and
            (4) an effective way to help achieve this short term 
        objective is to establish a fund to promote multilateral 
        interests of the United States in the region.
    (b) Multilateral Fund.--
            (1) In general.--There is hereby established in the 
        Department of State a Fund to Promote Multilateralism in the 
        Americas (referred to in this section as the ``Fund'').
            (2) Activities supported.--The Fund shall support 
        activities that promote the multilateral interests of the 
        United States in the Americas region, including--
                    (A) United States diplomatic activities within and 
                related to the OAS;
                    (B) voluntary contributions to entities and organs 
                of the OAS to carry out programs and activities that 
                support the interests of the United States;
                    (C) outreach and cultural activities;
                    (D) conferences; and
                    (E) general advocacy for United States interests.
    (c) Administration.--The Fund shall be administered by the United 
States Mission to the Organization of American States, as directed by 
the United States Permanent Representative to the OAS, for use on 
matters that arise in the context of the OAS.
    (d) Authorization.--Of the amounts authorized to be appropriated 
for the Administration of Foreign Affairs pursuant to section 101, 
there is authorized to be appropriated $2,000,000 for each of fiscal 
years 2010 and 2011 only to carry out this section.

SEC. 412. PEACEKEEPING OPERATIONS CONTRIBUTIONS.

    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) 
is amended at the end by adding the following new clause:
                            ``(vi) For assessments made during calendar 
                        years 2009, 2010, and 2011, 27.1 percent.''.

SEC. 413. PACIFIC ISLANDS FORUM.

    It is the sense of Congress that the Secretary of State should work 
with the Pacific Islands Forum to find appropriate affiliations for 
representatives of American Samoa, Guam, and the Commonwealth of the 
Northern Mariana Islands.

SEC. 414. REVIEW OF ACTIVITIES OF INTERNATIONAL COMMISSIONS.

    (a) In General.--Not later than 1 year after the date of the 
enactment of this Act and 2 years thereafter, the Secretary of State 
shall submit to the appropriate congressional committees a report on 
the activities of each of the commissions specified in paragraphs (1), 
(2), and (3) of section 103.
    (b) Report Elements.--The reports required under subsection (a) 
shall include information concerning 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 
        related to the activities of each of such commissions because 
        of obligations that the United States has entered into based on 
        any treaty between the United States and another country.
    (c) Submission of the Reports.--The reports may be combined with 
the annual budget justification submitted by the President in 
accordance with section 1105(a) of title 31, United States Code.

SEC. 415. 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, in consultation with the 
Secretary of Energy, shall submit to the appropriate congressional 
committees and the Committee on Armed Services of the House of 
Representatives and the Committee on Armed Services of the Senate a 
report on the refurbishment or possible replacement of the IAEA's 
Safeguards Analytical Laboratory pursuant to subsection (b).

SEC. 416. IMPLEMENTATION OF RECOMMENDATIONS OF COMMISSION ON THE 
              PREVENTION OF WEAPONS OF MASS DESTRUCTION PROLIFERATION 
              AND TERRORISM.

    (a) Authorization of Appropriations.--There is authorized to be 
appropriated such sums as may be necessary for each of the fiscal years 
2010 and 2011 to implement the following recommendations of the Report 
of the Commission on the Prevention of Weapons of Mass Destruction 
Proliferation and Terrorism regarding the International Atomic Energy 
Agency (IAEA) and nuclear safeguards reform:
            (1) The United States should work with the IAEA Director 
        General to consider establishing a safeguards user fee, whereby 
        countries with inspected facilities would be assessed a fee to 
        help defer the costs of IAEA inspections.
            (2) The United States should work with the IAEA Director 
        General and other interested parties to routinely (at least 
        every 2 years) assess whether the IAEA can meet its own 
        inspection goals, whether those goals afford timely warning of 
        an ability to account for a bomb's worth of nuclear material, 
        as required by United States law, and what corrective actions, 
        if any, might help the IAEA to achieve its inspection goals. 
        This assessment should also clarify those instances in which 
        achieving the goals is not possible.
            (3) The United States should work with the IAEA Director 
        General to provide for the acquisition and implementation of 
        near-real-time surveillance equipment at a number of sites 
        where nuclear fuel rods are located and where such equipment 
        must be installed so that the IAEA can establish the inspection 
        continuity of the fresh and spent fuel rods and to install 
        wide-area surveillance needed to monitor activities under the 
        Additional Protocol.
            (4) The United States should work with the IAEA Director 
        General to promote much-needed transparency at suspect sites, 
        to help deter transfers of nuclear fuel and nuclear weapons 
        technology, and to encourage IAEA member states to maintain a 
        registry of all foreign visitors at safeguarded sites. This 
        registry should be made available to other IAEA members upon 
        request.
            (5) The United States should work with the IAEA Director 
        General to establish a complete country-by-country inventory of 
        nuclear materials that could be used to make nuclear bombs. The 
        information should be shared, as appropriate, with individual 
        IAEA member states and the public to ensure that it can be used 
        effectively in developing the plan for IAEA safeguards. The 
        IAEA should update the database regularly.
            (6) The United States should work with the IAEA Director 
        General to require that the transfer of all items on the 
        Nuclear Suppliers Group dual-use and trigger lists be reported 
        to the IAEA or relevant authority and assist in developing a 
        system to process and analyze the information gathered, making 
        unreported transfers illegal and subject to seizure.
    (b) Report.--Not later than 180 days after the date of the 
enactment of this Act, the Secretary of State shall submit to the 
appropriate congressional committees and the Committee on Armed 
Services of the House of Representatives and the Committee on Armed 
Services of the Senate a report on progress toward the implementation 
of this section.

SEC. 417. 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 of appropriate senior rank 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.--Not later than 180 days after the date 
                of the enactment of this Act and annually thereafter, 
                the Secretary of State, with input from each APEC 
                Coordinator, shall submit to the appropriate 
                congressional committees a report on efforts to enhance 
                each department's and agency's participation at APEC.
    (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 designee shall be of the appropriate 
        senior rank.
            (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.
    (e) Report on Hosting of APEC 2011 in the United States.--Not later 
than 90 days after the date of the enactment of this Act, the Secretary 
of State shall submit to the appropriate congressional committees a 
report detailing the mechanisms that are in place or are being 
considered for hosting the 2011 meeting of APEC in the United States, 
including an analysis of the estimated or projected costs associated 
with such meetings.

SEC. 418. IMPLEMENTING AN INTERNATIONAL NUCLEAR FUEL BANK.

    It is the sense of Congress that, not later than 120 after the date 
of the enactment of this Act, the Secretary of State should appoint a 
coordinator to help implement the International Nuclear Fuel Bank to 
ensure that countries have a supply of fuel for nuclear energy and do 
not have to enrich their own uranium.

           TITLE V--UNITED STATES INTERNATIONAL BROADCASTING

SEC. 501. AUTHORIZATION OF APPROPRIATIONS FOR INTERNATIONAL 
              BROADCASTING.

    The following amounts are authorized to be appropriated to carry 
out United States international broadcasting activities under the 
United States Information and Educational Exchange Act of 1948, the 
Radio Broadcasting to Cuba Act, the Television Broadcasting to Cuba 
Act, the United States International Broadcasting Act of 1994, and the 
Foreign Affairs Reform and Restructuring Act of 1998, and to carry out 
other authorities in law consistent with such purposes:
            (1) For ``International Broadcasting Operations'', 
        $732,187,000 for fiscal year 2010 and such sums as may be 
        necessary for fiscal year 2011.
            (2) For ``Broadcasting Capital Improvements'', $13,263,000 
        for fiscal year 2010 and such sums as may be necessary for 
        fiscal year 2011.

SEC. 502. PERSONAL SERVICES CONTRACTING PROGRAM.

    Section 504 of the Foreign Relations Authorization Act, Fiscal Year 
2003, (Public Law 107-228; 22 U.S.C. 6206 note), is amended--
            (1) in the section heading, by striking ``pilot'';
            (2) in subsection (a)--
                    (A) by striking ``pilot''; and
                    (B) adding at the end the following new sentence: 
                ``An individual hired as a personal service contractor 
                pursuant to this section shall not, by virtue of such 
                hiring, be considered to be an employee of the United 
                States Government for purposes of any law administered 
                by the Office of Personnel Management.'';
            (3) in subsection (b)--
                    (A) in paragraph (4), by striking ``60'' and 
                inserting ``125''; and
                    (B) by adding at the end the following new 
                paragraph:
            ``(5) The annual salary rate for personal services 
        contractors may not exceed the rate for level IV of the 
        Executive Schedule.''; and
            (4) in subsection (c), by striking ``2009'' and inserting 
        ``2011''.

SEC. 503. RADIO FREE EUROPE/RADIO LIBERTY PAY PARITY.

    Section 308(h)(1)(C) of the United States International 
Broadcasting Act of 1994 (22 U.S.C. 6207(h)(1)(C)) is amended--
            (1) by inserting ``and one employee abroad'' after 
        ``D.C.'';
            (2) by striking ``III'' and inserting ``II''; and
            (3) by striking ``5314'' and inserting ``5313''.

SEC. 504. 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)''.

SEC. 505. DOMESTIC RELEASE OF THE VOICE OF AMERICA FILM ENTITLED ``A 
              FATEFUL HARVEST''.

    (a) In General.--Notwithstanding section 208 of the Foreign 
Relations Authorization Act, Fiscal Years 1986 and 1987 (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.

SEC. 506. 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.

                         TITLE VI--PEACE CORPS

SEC. 601. FINDINGS; STATEMENT OF POLICY.

    (a) Findings.--Congress finds the following:
            (1) On October 14, 1960, then Senator John F. Kennedy 
        addressed students on the steps of the University of Michigan 
        Union to enlist their effort to make the world a better place 
        by serving their country abroad.
            (2) On March 1, 1961, then President John F. Kennedy signed 
        an Executive Order establishing a Peace Corps that was 
        ``designed to permit our people to exercise more fully their 
        responsibilities in the great common cause of world 
        development''.
            (3) Since its establishment, the Peace Corps has been 
        guided by its mission to promote world peace and friendship and 
        has sought to fulfill the following three goals:
                    (A) To help the people of interested countries in 
                meeting their needs for trained men and women.
                    (B) To promote a better understanding of Americans 
                on the part of the peoples served.
                    (C) To help promote a better understanding of other 
                peoples on the part of Americans.
            (4) Over the last 48 years, nearly 200,000 Peace Corps 
        volunteers have served in 139 countries.
            (5) The Peace Corps is the world's premier international 
        service organization dedicated to promoting sustainable 
        grassroots development by working with host communities in the 
        areas of agriculture, business development, education, the 
        environment, health and HIV/AIDS, and youth.
            (6) The Peace Corps remains committed to sending well 
        trained and well supported Peace Corps volunteers overseas to 
        promote peace, friendship, cross-cultural awareness, and mutual 
        understanding between the United States and other countries. 
        The Peace Corps has an impressive record of engendering good 
        will through the service that American volunteers provide.
            (7) Recognizing the Peace Corps' unique and effective role 
        in promoting volunteer service by American citizens, President 
        Obama and Vice President Biden announced their intent to double 
        the size of Peace Corps in an expeditious and effective manner.
            (8) Over 13,000 Americans applied in 2008 to volunteer 
        their service to serve the world's poorest communities in the 
        Peace Corps, a 16 percent increase over the nearly 11,000 
        applications received in 2007.
            (9) Under current funding levels, the Peace Corps is able 
        to provide new placements for only one-third of the American 
        applicants seeking the opportunity to serve their country and 
        the world. At the end of fiscal year 2008, there were nearly 
        8,000 Peace Corps volunteers serving in 76 countries around the 
        world.
    (b) Statement of Policy.--It is the policy of the United States 
to--
            (1) double the number of Peace Corps volunteers and 
        strengthen and improve the Peace Corps and its programs;
            (2) improve the coordination of Peace Corps programs with 
        development programs of other Federal departments and agencies, 
        without diminishing the independence of the Peace Corps; and
            (3) promote all types of volunteerism by Americans in the 
        developing world.

SEC. 602. AMENDMENTS TO THE PEACE CORPS ACT.

    (a) Peace Corps Response Program.--The Peace Corps Act (22 U.S.C. 
2501 et seq.) is amended by inserting after section 5 the following new 
section:

``SEC. 5A. PEACE CORPS RESPONSE PROGRAM.

    ``The Director of the Peace Corps is authorized to establish a 
special program that assigns returned Peace Corps volunteers or other 
volunteers to provide short-term development or other relief assistance 
or to otherwise be assigned or made available to any entity referred to 
in subsection (a)(1) of section 10. The term of such service shall be 
less than the term of service of a volunteer under section 5. Except to 
the extent determined necessary and appropriate by the Director, the 
program established under this section may not cause a diminution in 
the number or quality of projects or volunteers assigned to longer term 
assignments under section 5.''.
    (b) Coordination of Peace Corps Programs.--Paragraph (2) of section 
4(c) of the Peace Corps Act (22 U.S.C. 2503(c)) is amended to read as 
follows:
    ``(2) The Director of the Peace Corps shall, as appropriate and to 
the maximum extent practicable without diminishing any program or 
operational independence, work with the heads of Federal departments 
and agencies to identify synergies and avoid duplication of efforts 
with Peace Corps programs in the field and at headquarters.''.
    (c) Readjustment Allowance.--Subsection (c) of section 5 of the 
Peace Corps Act (22 U.S.C. 2504(c)) is amended, in the first sentence, 
by striking ``$125'' and inserting ``$225''.
    (d) Authorization of Appropriations.--Section 3(b)(1) of the Peace 
Corps Act (22 U.S.C. 2502(b)(1)) is amended by striking 
``$270,000,000'' and all that follows through the period at the end and 
inserting the following: ``$450,000,000 for fiscal year 2010 and such 
sums as may be necessary for fiscal year 2011.''.

SEC. 603. REPORT.

    (a) Peace Corps Response Program Report.--Not later than 1 year 
after the date of the enactment of this Act, the Director of the Peace 
Corps shall submit to the appropriate congressional committees a report 
on the Peace Corps Response Program or any similar program developed 
under in accordance with section 5A of the Peace Corps Act (as added by 
section 602(a) of this Act), including information on the following:
            (1) The achievements and challenges of the Peace Corps 
        Response Program or any similar program since its inception as 
        the Peace Corps Crisis Corps in 1996.
            (2) The goals, objectives, program areas, and growth 
        projections for the Peace Corps Response Program or any similar 
        program from fiscal year 2010 through fiscal year 2011.
            (3) The process and standards for selecting partner 
        organizations and projects for the Peace Corps Response Program 
        or any similar program.
            (4) The standards and requirements used to select 
        volunteers for service under the Peace Corps Response Program 
        or any similar program.
            (5) The measures used to evaluate projects of the Peace 
        Corps Response Program or any similar program and the 
        effectiveness of volunteers assigned to such Program or similar 
        program at achieving identified objectives.
    (b) Annual Reports.--Not later than 1 year after the date of the 
enactment of this Act and annually thereafter, the Director of the 
Peace Corps shall submit to the appropriate congressional committees a 
report on progress made in carrying out this title, including efforts 
to strengthen coordination between the Peace Corps and other Federal 
departments and agencies carrying out development assistance programs 
(as required under paragraph (2) of section 4(c) of the Peace Corps Act 
(22 U.S.C. 2503(c)), as amended by section 602(b) of this Act).

   TITLE VII--SENATOR PAUL SIMON STUDY ABROAD FOUNDATION ACT OF 2009

SEC. 701. SHORT TITLE.

    This title may be cited as the ``Senator Paul Simon Study Abroad 
Foundation Act of 2009''.

SEC. 702. FINDINGS.

    Congress makes the following findings:
            (1) According to former President George W. Bush, 
        ``America's leadership and national security rest on our 
        commitment to educate and prepare our youth for active 
        engagement in the international community.''.
            (2) According to former President William J. Clinton, 
        ``Today, the defense of United States interests, the effective 
        management of global issues, and even an understanding of our 
        Nation's diversity require ever-greater contact with, and 
        understanding of, people and cultures beyond our borders.''.
            (3) Congress authorized the establishment of the Commission 
        on the Abraham Lincoln Study Abroad Fellowship Program pursuant 
        to section 104 of the Miscellaneous Appropriations and Offsets 
        Act, 2004 (division h of Public Law 108-199). Pursuant to its 
        mandate, the Lincoln Commission has submitted to Congress and 
        the President a report of its recommendations for greatly 
        expanding the opportunity for students at institutions of 
        higher education in the United States to study abroad, with 
        special emphasis on studying in developing nations.
            (4) According to the Lincoln Commission, ``[s]tudy abroad 
        is one of the major means of producing foreign language 
        speakers and enhancing foreign language learning'' and, for 
        that reason, ``is simply essential to the [N]ation's 
        security.''.
            (5) Studies consistently show that United States students 
        score below their counterparts in other advanced countries on 
        indicators of international knowledge. This lack of global 
        literacy is a national liability in an age of global trade and 
        business, global interdependence, and global terror.
            (6) Americans believe that it is important for their 
        children to learn other languages, study abroad, attend a 
        college where they can interact with international students, 
        learn about other countries and cultures, and generally be 
        prepared for the global age.
            (7) In today's world, it is more important than ever for 
        the United States to be a responsible, constructive leader that 
        other countries are willing to follow. Such leadership cannot 
        be sustained without an informed citizenry with significant 
        knowledge and awareness of the world.
            (8) Study abroad has proven to be a very effective means of 
        imparting international and foreign language competency to 
        students.
            (9) In any given year, only approximately 1 percent of all 
        students enrolled in United States institutions of higher 
        education study abroad.
            (10) Less than 10 percent of the students who graduate from 
        United States institutions of higher education with bachelors 
        degrees have studied abroad.
            (11) Far more study abroad must take place in developing 
        countries. Ninety-five percent of the world's population growth 
        over the next 50 years will occur outside of Europe, yet in the 
        academic year 2004-2005, 60 percent of United States students 
        studying abroad studied in Europe, and 45 percent studied in 
        four countries--the United Kingdom, Italy, Spain, and France.
            (12) The Final Report of the National Commission on 
        Terrorist Attacks Upon the United States (the 9/11 Commission 
        Report) recommended that the United States increase support for 
        ``scholarship, exchange, and library programs''. The 9/11 
        Public Discourse Project, successor to the 9/11 Commission, 
        noted in its November 14, 2005, status report that this 
        recommendation was ``unfulfilled,'' and stated that ``[t]he 
        U.S. should increase support for scholarship and exchange 
        programs, our most powerful tool to shape attitudes over the 
        course of a generation.''. In its December 5, 2005, Final 
        Report on the 9/11 Commission Recommendations, the 9/11 Public 
        Discourse Project gave the government a grade of ``D'' for its 
        implementation of this recommendation.
            (13) Investing in a national study abroad program would 
        help turn a grade of ``D'' into an ``A'' by equipping United 
        States students to communicate United States values and way of 
        life through the unique dialogue that takes place among 
        citizens from around the world when individuals study abroad.
            (14) An enhanced national study abroad program could help 
        further the goals of other United States Government initiatives 
        to promote educational, social, and political reform and the 
        status of women in developing and reforming societies around 
        the world, such as the Middle East Partnership Initiative.
            (15) To complement such worthwhile Federal programs and 
        initiatives as the Benjamin A. Gilman International Scholarship 
        Program, the National Security Education Program, and the 
        National Security Language Initiative, a broad-based 
        undergraduate study abroad program is needed that will make 
        many more study abroad opportunities accessible to all 
        undergraduate students, regardless of their field of study, 
        ethnicity, socio-economic status, or gender.
            (16) To restore America's standing in the world, President 
        Barack Obama has said that he will call on our nation's 
        greatest resource, our people, to reach out to and engage with 
        other nations.

SEC. 703. PURPOSES.

    The purposes of this title are--
            (1) to significantly enhance the global competitiveness and 
        international knowledge base of the United States by ensuring 
        that more United States students have the opportunity to 
        acquire foreign language skills and international knowledge 
        through significantly expanded study abroad;
            (2) to enhance the foreign policy capacity of the United 
        States by significantly expanding and diversifying the talent 
        pool of individuals with non-traditional foreign language 
        skills and cultural knowledge in the United States who are 
        available for recruitment by United States foreign affairs 
        agencies, legislative branch agencies, and nongovernmental 
        organizations involved in foreign affairs activities;
            (3) to ensure that an increasing portion of study abroad by 
        United States students will take place in nontraditional study 
        abroad destinations such as the People's Republic of China, 
        countries of the Middle East region, and developing countries; 
        and
            (4) to create greater cultural understanding of the United 
        States by exposing foreign students and their families to 
        United States students in countries that have not traditionally 
        hosted large numbers of United States students.

SEC. 704. DEFINITIONS.

    In this title:
            (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) Board.--The term ``Board'' means the Board of Directors 
        of the Foundation established pursuant to section 705(d).
            (3) Chief executive officer.--The term ``Chief Executive 
        Officer'' means the chief executive officer of the Foundation 
        appointed pursuant to section 705(c).
            (4) Foundation.--The term ``Foundation'' means the Senator 
        Paul Simon Study Abroad Foundation established by section 
        705(a).
            (5) Institution of higher education.--The term 
        ``institution of higher education'' has the meaning given the 
        term in section 101(a) of the Higher Education Act of 1965 (20 
        U.S.C. 1001(a)).
            (6) National of the united states.--The term ``national of 
        the United States'' means a national of the United States or an 
        alien lawfully admitted for permanent residence (as those terms 
        are defined in section 101 of the Immigration and Nationality 
        Act (8 U.S.C. 1101)).
            (7) Nontraditional study abroad destination.--The term 
        ``nontraditional study abroad destination'' means a location 
        that is determined by the Foundation to be a less common 
        destination for United States students who study abroad.
            (8) Study abroad.--The term ``study abroad'' means an 
        educational program of study, work, research, internship, or 
        combination thereof that is conducted outside the United States 
        and that carries academic credit toward fulfilling the 
        participating student's degree requirements.
            (9) United states.--The term ``United States'' means any of 
        the several States, the District of Columbia, Puerto Rico, the 
        Northern Mariana Islands, the Virgin Islands, Guam, American 
        Samoa, and any other territory or possession of the United 
        States.
            (10) United states student.--The term ``United States 
        student'' means a national of the United States who is enrolled 
        at an institution of higher education located within the United 
        States.

SEC. 705. ESTABLISHMENT AND MANAGEMENT OF THE SENATOR PAUL SIMON STUDY 
              ABROAD FOUNDATION.

    (a) Establishment.--
            (1) In general.--There is established in the executive 
        branch a corporation to be known as the ``Senator Paul Simon 
        Study Abroad Foundation'' that shall be responsible for 
        carrying out this title. The Foundation shall be a government 
        corporation, as defined in section 103 of title 5, United 
        States Code.
            (2) Board of directors.--The Foundation shall be governed 
        by a Board of Directors in accordance with subsection (d).
            (3) Intent of congress.--It is the intent of Congress in 
        establishing the structure of the Foundation set forth in this 
        subsection to create an entity that will administer a study 
        abroad program that--
                    (A) serves the long-term foreign policy and 
                national security needs of the United States; but
                    (B) operates independently of short-term political 
                and foreign policy considerations.
    (b) Mandate of Foundation.--In administering the program referred 
to in subsection (a)(3), the Foundation shall--
            (1) promote the objectives and purposes of this title;
            (2) through responsive, flexible grant-making, promote 
        access to study abroad opportunities by United States students 
        at diverse institutions of higher education, including 2-year 
        institutions, minority-serving institutions, and institutions 
        that serve nontraditional students, and 4-year colleges and 
        universities demonstrating an institutional commitment to 
        increasing study abroad participation;
            (3) through creative grant-making, promote access to study 
        abroad opportunities by diverse United States students, 
        including minority students, students of limited financial 
        means, and nontraditional students;
            (4) solicit funds from the private sector to supplement 
        funds made available under this title; and
            (5) minimize administrative costs and maximize the 
        availability of funds for grants under this title.
    (c) Chief Executive Officer.--
            (1) In general.--There shall be in the Foundation a Chief 
        Executive Officer who shall be responsible for the management 
        of the Foundation.
            (2) Appointment.--The Chief Executive Officer shall be 
        appointed by the Board and shall be a recognized leader in 
        higher education, business, or foreign policy, chosen on the 
        basis of a rigorous search.
            (3) Relationship to board.--The Chief Executive Officer 
        shall report to and be under the direct authority of the Board.
            (4) Compensation and rank.--
                    (A) In general.--The Chief Executive Officer shall 
                be compensated at the rate provided for level IV of the 
                Executive Schedule under section 5315 of title 5, 
                United States Code.
                    (B) Amendment.--Section 5315 of title 5, United 
                States Code, is amended by adding at the end the 
                following:
            ``Chief Executive Officer, Senator Paul Simon Study Abroad 
        Foundation.''.
            (5) Authorities and duties.--The Chief Executive Officer 
        shall be responsible for the management of the Foundation and 
        shall exercise the powers and discharge the duties of the 
        Foundation.
            (6) Authority to appoint officers.--In consultation and 
        with approval of the Board, the Chief Executive Officer shall 
        appoint all officers of the Foundation.
    (d) Board of Directors.--
            (1) Establishment.--There shall be in the Foundation a 
        Board of Directors.
            (2) Duties.--The Board shall perform the functions 
        specified to be carried out by the Board in this title and may 
        prescribe, amend, and repeal by-laws, rules, regulations, and 
        procedures governing the manner in which the business of the 
        Foundation may be conducted and in which the powers granted to 
        it by law may be exercised.
            (3) Membership.--The Board shall consist of--
                    (A) the Secretary of State (or the Secretary's 
                designee), the Secretary of Education (or the 
                Secretary's designee), the Secretary of Defense (or the 
                Secretary's designee), and the Administrator of the 
                United States Agency for International Development (or 
                the Administrator's designee); and
                    (B) five other individuals with relevant experience 
                in matters relating to study abroad (such as 
                individuals who represent institutions of higher 
                education, business organizations, foreign policy 
                organizations, or other relevant organizations) who 
                shall be appointed by the President, by and with the 
                advice and consent of the Senate, of which--
                            (i) one individual shall be appointed from 
                        among a list of individuals submitted by the 
                        Speaker of the House of Representatives;
                            (ii) one individual shall be appointed from 
                        among a list of individuals submitted by the 
                        minority leader of the House of 
                        Representatives;
                            (iii) one individual shall be appointed 
                        from among a list of individuals submitted by 
                        the majority leader of the Senate; and
                            (iv) one individual shall be appointed from 
                        among a list of individuals submitted by the 
                        minority leader of the Senate.
            (4) Chief executive officer.--The Chief Executive Officer 
        of the Foundation shall serve as a non-voting, ex-officio 
        member of the Board.
            (5) Terms.--
                    (A) Officers of the federal government.--Each 
                member of the Board described in paragraph (3)(A) shall 
                serve for a term that is concurrent with the term of 
                service of the individual's position as an officer 
                within the other Federal department or agency.
                    (B) Other members.--Each member of the Board 
                described in paragraph (3)(B) shall be appointed for a 
                term of 3 years and may be reappointed for one 
                additional 3-year term.
                    (C) Vacancies.--A vacancy in the Board shall be 
                filled in the manner in which the original appointment 
                was made.
            (6) Chairperson.--There shall be a Chairperson of the 
        Board. The Secretary of State (or the Secretary's designee) 
        shall serve as the Chairperson.
            (7) Quorum.--A majority of the members of the Board 
        described in paragraph (3) shall constitute a quorum, which, 
        except with respect to a meeting of the Board during the 135-
        day period beginning on the date of the enactment of this Act, 
        shall include at least one member of the Board described in 
        paragraph (3)(B).
            (8) Meetings.--The Board shall meet at the call of the 
        Chairperson.
            (9) Compensation.--
                    (A) Officers of the federal government.--
                            (i) In general.--A member of the Board 
                        described in paragraph (3)(A) may not receive 
                        additional pay, allowances, or benefits by 
                        reason of the member's service on the Board.
                            (ii) Travel expenses.--Each such member of 
                        the Board shall receive travel expenses, 
                        including per diem in lieu of subsistence, in 
                        accordance with applicable provisions under 
                        subchapter I of chapter 57 of title 5, United 
                        States Code.
                    (B) Other members.--
                            (i) In general.--Except as provided in 
                        clause (ii), a member of the Board described in 
                        paragraph (3)(B) while away from the member's 
                        home or regular place of business on necessary 
                        travel in the actual performance of duties as a 
                        member of the Board, shall be paid per diem, 
                        travel, and transportation expenses in the same 
                        manner as is provided under subchapter I of 
                        chapter 57 of title 5, United States Code.
                            (ii) Limitation.--A member of the Board may 
                        not be paid compensation under clause (i) for 
                        more than 90 days in any calendar year.

SEC. 706. ESTABLISHMENT AND OPERATION OF PROGRAM.

    (a) Establishment of the Program.--There is hereby established a 
program, which shall--
            (1) be administered by the Foundation; and
            (2) award grants to--
                    (A) United States students for study abroad;
                    (B) nongovernmental institutions that provide and 
                promote study abroad opportunities for United States 
                students, in consortium with institutions described in 
                subparagraph (C); and
                    (C) institutions of higher education, individually 
                or in consortium, in order to accomplish the objectives 
                set forth in subsection (b).
    (b) Objectives.--The objectives of the program established under 
subsection (a) are that, within 10 years of the date of the enactment 
of this Act--
            (1) not less than 1,000,000 undergraduate United States 
        students will study abroad annually for credit;
            (2) the demographics of study-abroad participation will 
        reflect the demographics of the United States undergraduate 
        population, including students enrolled in community colleges, 
        minority-serving institutions, and institutions serving large 
        numbers of low-income and first-generation students; and
            (3) an increasing portion of study abroad will take place 
        in nontraditional study abroad destinations, with a substantial 
        portion of such increases taking place in developing countries.
    (c) Mandate of the Program.--In order to accomplish the objectives 
set forth in subsection (b), the Foundation shall, in administering the 
program established under subsection (a), take fully into account the 
recommendations of the Commission on the Abraham Lincoln Study Abroad 
Fellowship Program (established pursuant to section 104 of the 
Miscellaneous Appropriations and Offsets Act, 2004 (division H of 
Public Law 108-199)).
    (d) Structure of Grants.--
            (1) Promoting reform.--In accordance with the 
        recommendations of the Commission on the Abraham Lincoln Study 
        Abroad Fellowship Program, grants awarded under the program 
        established under subsection (a) shall be structured to the 
        maximum extent practicable to promote appropriate reforms in 
        institutions of higher education in order to remove barriers to 
        participation by students in study abroad.
            (2) Grants to individuals and institutions.--It is the 
        sense of Congress that--
                    (A) the Foundation should award not more than 25 
                percent of the funds awarded as grants to individuals 
                described in subparagraph (A) of subsection (a)(2) and 
                not less than 75 percent of such funds to institutions 
                described in subparagraphs (B) and (C) of such 
                subsection; and
                    (B) the Foundation should ensure that not less than 
                85 percent of the amount awarded to such institutions 
                is used to award scholarships to students.
    (e) Balance of Long-term and Short-term Study Abroad Programs.--In 
administering the program established under subsection (a), the 
Foundation shall seek an appropriate balance between--
            (1) longer-term study abroad programs, which maximize 
        foreign-language learning and intercultural understanding; and
            (2) shorter-term study abroad programs, which maximize the 
        accessibility of study abroad to nontraditional students.
    (f) Quality and Safety in Study Abroad.--In administering the 
program established under subsection (a), the Foundation shall require 
that institutions receiving grants demonstrate that--
            (1) the study abroad programs for which students receive 
        grant funds are for academic credit; and
            (2) the programs have established health and safety 
        guidelines and procedures.

SEC. 707. ANNUAL REPORT.

    (a) Report Required.--Not later than December 15, 2010, and each 
December 15 thereafter, the Foundation shall submit to the appropriate 
congressional committees a report on the implementation of this title 
during the prior fiscal year.
    (b) Contents.--The report required by subsection (a) shall 
include--
            (1) the total financial resources available to the 
        Foundation during the year, including appropriated funds, the 
        value and source of any gifts or donations accepted pursuant to 
        section 708(a)(6), and any other resources;
            (2) a description of the Board's policy priorities for the 
        year and the bases upon which grant proposals were solicited 
        and awarded to institutions of higher education, 
        nongovernmental institutions, and consortiums pursuant to 
        sections 706(a)(2)(B) and 706(a)(2)(C);
            (3) a list of grants made to institutions of higher 
        education, nongovernmental institutions, and consortiums 
        pursuant to sections 706(a)(2)(B) and 706(a)(2)(C) that 
        includes the identity of the institutional recipient, the 
        dollar amount, the estimated number of study abroad 
        opportunities provided to United States students by each grant, 
        the amount of the grant used by each institution for 
        administrative expenses, and information on cost-sharing by 
        each institution receiving a grant;
            (4) a description of the bases upon which the Foundation 
        made grants directly to United States students pursuant to 
        section 706(a)(2)(A);
            (5) the number and total dollar amount of grants made 
        directly to United States students by the Foundation pursuant 
        to section 706(a)(2)(A); and
            (6) the total administrative and operating expenses of the 
        Foundation for the year, as well as specific information on--
                    (A) the number of Foundation employees and the cost 
                of compensation for Board members, Foundation 
                employees, and personal service contractors;
                    (B) costs associated with securing the use of real 
                property for carrying out the functions of the 
                Foundation;
                    (C) total travel expenses incurred by Board members 
                and Foundation employees in connection with Foundation 
                activities; and
                    (D) total representational expenses.

SEC. 708. POWERS OF THE FOUNDATION; RELATED PROVISIONS.

    (a) Powers.--The Foundation--
            (1) shall have perpetual succession unless dissolved by a 
        law enacted after the date of the enactment of this Act;
            (2) may adopt, alter, and use a seal, which shall be 
        judicially noticed;
            (3) may make and perform such contracts, grants, and other 
        agreements with any person or government however designated and 
        wherever situated, as may be necessary for carrying out the 
        functions of the Foundation;
            (4) may determine and prescribe the manner in which its 
        obligations shall be incurred and its expenses allowed and 
        paid, including expenses for representation;
            (5) may lease, purchase, or otherwise acquire, improve, and 
        use such real property wherever situated, as may be necessary 
        for carrying out the functions of the Foundation;
            (6) may accept cash gifts or donations of services or of 
        property (real, personal, or mixed), tangible or intangible, 
        for the purpose of carrying out the provisions of this title;
            (7) may use the United States mails in the same manner and 
        on the same conditions as the executive departments;
            (8) may contract with individuals for personal services, 
        who shall not be considered Federal employees for any provision 
        of law administered by the Office of Personnel Management;
            (9) may hire or obtain passenger motor vehicles; and
            (10) shall have such other powers as may be necessary and 
        incident to carrying out this title.
    (b) Principal Office.--The Foundation shall maintain its principal 
office in the metropolitan area of Washington, District of Columbia.
    (c) Applicability of Government Corporation Control Act.--
            (1) In general.--The Foundation shall be subject to chapter 
        91 of subtitle VI of title 31, United States Code, except that 
        the Foundation shall not be authorized to issue obligations or 
        offer obligations to the public.
            (2) Conforming amendment.--Section 9101(3) of title 31, 
        United States Code, is amended by adding at the end the 
        following new subparagraph:
                    ``(S) the Senator Paul Simon Study Abroad 
                Foundation.''.
    (d) Inspector General.--
            (1) In general.--The Inspector General of the Department of 
        State shall serve as Inspector General of the Foundation, and, 
        in acting in such capacity, may conduct reviews, 
        investigations, and inspections of all aspects of the 
        operations and activities of the Foundation.
            (2) Authority of the board.--In carrying out the 
        responsibilities under this subsection, the Inspector General 
        shall report to and be under the general supervision of the 
        Board.
            (3) Reimbursement and authorization of services.--
                    (A) Reimbursement.--The Foundation shall reimburse 
                the Department of State for all expenses incurred by 
                the Inspector General in connection with the Inspector 
                General's responsibilities under this subsection.
                    (B) Authorization for services.--Of the amount 
                authorized to be appropriated under section 711(a) for 
                a fiscal year, up to $2,000,000 is authorized to be 
                made available to the Inspector General of the 
                Department of State to conduct reviews, investigations, 
                and inspections of operations and activities of the 
                Foundation.

SEC. 709. GENERAL PERSONNEL AUTHORITIES.

    (a) Detail of Personnel.--Upon request of the Chief Executive 
Officer, the head of an agency may detail any employee of such agency 
to the Foundation on a reimbursable basis. Any employee so detailed 
remains, for the purpose of preserving such employee's allowances, 
privileges, rights, seniority, and other benefits, an employee of the 
agency from which detailed.
    (b) Reemployment Rights.--
            (1) In general.--An employee of an agency who is serving 
        under a career or career conditional appointment (or the 
        equivalent), and who, with the consent of the head of such 
        agency, transfers to the Foundation, is entitled to be 
        reemployed in such employee's former position or a position of 
        like seniority, status, and pay in such agency, if such 
        employee--
                    (A) is separated from the Foundation for any 
                reason, other than misconduct, neglect of duty, or 
                malfeasance; and
                    (B) applies for reemployment not later than 90 days 
                after the date of separation from the Foundation.
            (2) Specific rights.--An employee who satisfies paragraph 
        (1) is entitled to be reemployed (in accordance with such 
        paragraph) within 30 days after applying for reemployment and, 
        on reemployment, is entitled to at least the rate of basic pay 
        to which such employee would have been entitled had such 
        employee never transferred.
    (c) Hiring Authority.--Of persons employed by the Foundation, not 
to exceed 20 persons may be appointed, compensated, or removed without 
regard to the civil service laws and regulations.
    (d) Basic Pay.--The Chief Executive Officer may fix the rate of 
basic pay of employees of the Foundation without regard to the 
provisions of chapter 51 of title 5, United States Code (relating to 
the classification of positions), subchapter III of chapter 53 of such 
title (relating to General Schedule pay rates), except that no employee 
of the Foundation may receive a rate of basic pay that exceeds the rate 
for level IV of the Executive Schedule under section 5315 of such 
title.
    (e) Definitions.--In this section--
            (1) the term ``agency'' means an executive agency, as 
        defined by section 105 of title 5, United States Code; and
            (2) the term ``detail'' means the assignment or loan of an 
        employee, without a change of position, from the agency by 
        which such employee is employed to the Foundation.

SEC. 710. GAO REVIEW.

    (a) Review Required.--Not later than 2 years after the date of the 
enactment of this Act, the Comptroller General of the United States 
shall commence a review of the operations of the Foundation.
    (b) Content.--In conducting the review required under subsection 
(a), the Comptroller General shall analyze--
            (1) whether the Foundation is organized and operating in a 
        manner that will permit it to fulfill the purposes of this 
        section, as set forth in section 603;
            (2) the degree to which the Foundation is operating 
        efficiently and in a manner consistent with the requirements of 
        paragraphs (4) and (5) of section 605(b);
            (3) whether grant-making by the Foundation is being 
        undertaken in a manner consistent with subsections (d), (e), 
        and (f) of section 606;
            (4) the extent to which the Foundation is using best 
        practices in the implementation of this Act and the 
        administration of the program described in section 606; and
            (5) other relevant matters, as determined by the 
        Comptroller General, after consultation with the appropriate 
        congressional committees.
    (c) Report Required.--The Comptroller General shall submit a report 
on the results of the review conducted under subsection (a) to the 
Secretary of State (in the capacity of the Secretary as Chairperson of 
the Board of the Foundation) and to the appropriate congressional 
committees.

SEC. 711. AUTHORIZATION OF APPROPRIATIONS.

    (a) Authorization of Appropriations.--
            (1) In general.--There are authorized to be appropriated to 
        carry out this title $40,000,000 for fiscal year 2010 and 
        $80,000,000 for fiscal year 2011.
            (2) Amounts in addition to other available amounts.--
        Amounts authorized to be appropriated by paragraph (1) are in 
        addition to amounts authorized to be appropriated or otherwise 
        made available for educational exchange programs, including the 
        J. William Fulbright Educational Exchange Program and the 
        Benjamin A. Gilman International Scholarship Program, 
        administered by the Bureau of Educational and Cultural Affairs 
        of the Department of State.
    (b) Allocation of Funds.--
            (1) In general.--The Foundation may allocate or transfer to 
        any agency of the United States Government any of the funds 
        available for carrying out this Act. Such funds shall be 
        available for obligation and expenditure for the purposes for 
        which the funds were authorized, in accordance with authority 
        granted in this Act or under authority governing the activities 
        of the United States Government agency to which such funds are 
        allocated or transferred.
            (2) Notification.--The Foundation shall notify the 
        appropriate congressional committees not less than 15 days 
        prior to an allocation or transfer of funds pursuant to 
        paragraph (1).

       TITLE VIII--EXPORT CONTROL REFORM AND SECURITY ASSISTANCE

 Subtitle A--Defense Trade Controls Performance Improvement Act of 2009

SEC. 801. SHORT TITLE.

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

SEC. 802. FINDINGS.

    Congress finds the following:
            (1) In a time of international terrorist threats and a 
        dynamic global economic and security 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 80 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.

SEC. 803. STRATEGIC REVIEW AND ASSESSMENT OF THE UNITED STATES EXPORT 
              CONTROLS SYSTEM.

    (a) Review and Assessment.--
            (1) In general.--Not later than March 31, 2010, the 
        President shall conduct a comprehensive and systematic review 
        and assessment of the United States arms export controls system 
        in the context of the national security interests and strategic 
        foreign policy objectives of the United States.
            (2) Elements.--The review and assessment required under 
        paragraph (1) shall--
                    (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.

SEC. 804. PERFORMANCE GOALS FOR PROCESSING OF APPLICATIONS FOR LICENSES 
              TO EXPORT ITEMS ON UNITED STATES MUNITIONS LIST.

    (a) In General.--The Secretary of State, acting through the head of 
the Directorate of Defense Trade Controls of the Department of State, 
shall establish and maintain the following goals:
            (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.

SEC. 805. REQUIREMENT TO ENSURE ADEQUATE STAFF AND RESOURCES FOR THE 
              DIRECTORATE OF DEFENSE TRADE CONTROLS OF THE DEPARTMENT 
              OF STATE.

    (a) Requirement.--The Secretary of State shall ensure that the 
Directorate of Defense Trade Controls of the Department of State has 
the necessary staff and resources to carry out this subtitle and the 
amendments made by this subtitle.
    (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.

SEC. 806. AUDIT BY INSPECTOR GENERAL OF THE DEPARTMENT OF STATE.

    (a) Audit.--Not later than the end of each of the fiscal years 2011 
and 2012, the Inspector General of the Department of State shall 
conduct an independent audit to determine the extent to which the 
Department of State is meeting the requirements of sections 804 and 
805.
    (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).

SEC. 807. INCREASED FLEXIBILITY FOR USE OF DEFENSE TRADE CONTROLS 
              REGISTRATION FEES.

    (a) In General.--Section 45 of the State Department Basic 
Authorities Act of 1956 (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).

SEC. 808. REVIEW OF INTERNATIONAL TRAFFIC IN ARMS REGULATIONS AND 
              UNITED STATES MUNITIONS LIST.

    (a) In General.--The Secretary of State, in coordination with the 
heads of other relevant departments and agencies of the United States 
Government, shall review, with the assistance of United States 
manufacturers and other interested parties described in section 811(2) 
of this division, the International Traffic in Arms Regulations and the 
United States Munitions List to determine those technologies and goods 
that warrant different or additional controls.
    (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.

SEC. 809. SPECIAL LICENSING AUTHORIZATION FOR CERTAIN EXPORTS TO NATO 
              MEMBER STATES, AUSTRALIA, JAPAN, NEW ZEALAND, ISRAEL, AND 
              SOUTH KOREA.

    (a) In General.--Section 38 of the Arms Export Control Act (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.

SEC. 810. AVAILABILITY OF INFORMATION ON THE STATUS OF LICENSE 
              APPLICATIONS UNDER CHAPTER 3 OF THE ARMS EXPORT CONTROL 
              ACT.

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

``SEC. 38A. AVAILABILITY OF INFORMATION ON THE STATUS OF LICENSE 
              APPLICATIONS UNDER THIS CHAPTER.

    ``(a) Availability of Information.--Not later than 1 year after the 
date of the enactment of the Defense Trade Controls Performance 
Improvement Act of 2009, the President shall make available to persons 
who have pending license applications under this chapter and the 
committees of jurisdiction the ability to access electronically current 
information on the status of each license application required to be 
submitted under this chapter.
    ``(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.''.

SEC. 811. SENSE OF CONGRESS.

    It is the sense of Congress that--
            (1)(A) the advice provided to the Secretary of State by the 
        Defense Trade Advisory Group (DTAG) supports the regulation of 
        defense trade and helps ensure that United States national 
        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.

SEC. 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)).

SEC. 813. AUTHORIZATION OF APPROPRIATIONS.

    Of the amounts authorized to be appropriated under section 101, 
there are authorized to be appropriated such sums as may be necessary 
for each of fiscal years 2010 and 2011 to carry out this subtitle and 
the amendments made by this subtitle.

           Subtitle B--Provisions Relating to Export Licenses

SEC. 821. AVAILABILITY TO CONGRESS OF PRESIDENTIAL DIRECTIVES REGARDING 
              UNITED STATES ARMS EXPORT POLICIES, PRACTICES, AND 
              REGULATIONS.

    (a) In General.--The President shall make 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.

SEC. 822. INCREASE IN VALUE OF DEFENSE ARTICLES AND SERVICES FOR 
              CONGRESSIONAL REVIEW AND EXPEDITING CONGRESSIONAL REVIEW 
              FOR ISRAEL.

    (a) Foreign Military Sales.--
            (1) In general.--Section 36(b) of the Arms Export Control 
        Act (22 U.S.C. 2776(b)) is 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).

SEC. 823. DIPLOMATIC EFFORTS TO STRENGTHEN NATIONAL AND INTERNATIONAL 
              ARMS EXPORT CONTROLS.

    (a) Sense of Congress.--It is the sense of Congress that the 
President should redouble United States diplomatic efforts to 
strengthen national and international arms export controls by 
establishing a senior-level initiative to ensure that those arms export 
controls are comparable to and supportive of United States arms export 
controls, particularly with respect to countries of concern to the 
United States.
    (b) Report.--Not later than 1 year after the date of the enactment 
of this Act, and annually thereafter for 4 years, the President shall 
transmit to the Committee on Foreign Affairs of the House of 
Representatives and the Committee on Foreign Relations of the Senate a 
report on United States diplomatic efforts described in subsection (a).

SEC. 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.''.

SEC. 825. REPORT ON VALUE OF MAJOR DEFENSE EQUIPMENT AND DEFENSE 
              ARTICLES EXPORTED UNDER SECTION 38 OF THE ARMS EXPORT 
              CONTROL ACT.

    Section 38 of the Arms Export Control Act (22 U.S.C. 2778), as 
amended by section 809(a) of this division, is further amended by 
adding at the end the following:
    ``(l) 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.''.

SEC. 826. AUTHORITY TO REMOVE SATELLITES AND RELATED COMPONENTS FROM 
              THE UNITED STATES MUNITIONS LIST.

    (a) Authority.--Except as provided in subsection (b) and subject to 
subsection (d), the President is authorized to remove satellites and 
related components from the United States Munitions List, consistent 
with the procedures in section 38(f) of the Arms Export Control Act (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.

SEC. 827. REVIEW AND REPORT OF INVESTIGATIONS OF VIOLATIONS OF SECTION 
              3 OF THE ARMS EXPORT CONTROL ACT.

    (a) Review.--The Inspector General of the Department of State shall 
conduct a review of investigations by the Department of State during 
each of fiscal years 2010 through 2014 of any and all possible 
violations of section 3 of the Arms Export Control Act (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.

SEC. 828. REPORT ON SELF-FINANCING OPTIONS FOR EXPORT LICENSING 
              FUNCTIONS OF DDTC OF THE DEPARTMENT OF STATE.

    Not later than 90 days after the date of the enactment of this Act, 
the Secretary of State shall submit to the appropriate congressional 
committees a report on possible mechanisms to place the export 
licensing functions of the Directorate of Defense Trade Controls of the 
Department of State on a 100 percent self-financing basis.

SEC. 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''.

SEC. 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)(3) (as redesignated by section 822(a)(1)(B) 
        of this division), 36(c)(2)(A), 36(d)(2)(A), 62(c)(1), and 
        63(a)(2) by inserting ``Israel,'' before ``or New Zealand''; 
        and
            (2) in section 3(b)(2), by inserting ``the Government of 
        Israel,'' before ``or the Government of New Zealand''.

SEC. 831. UPDATING AND CONFORMING PENALTIES FOR VIOLATIONS OF SECTIONS 
              38 AND 39 OF THE ARMS EXPORT CONTROL ACT.

    (a) In General.--Section 38(c) of the Arms Export Control Act (22 
U.S.C. 2778(c)) is amended to read as follows:
    ``(c) Criminal Penalties for Violations of This Section and Section 
39.--Whoever willfully--
            ``(1) violates this section or section 39, or
            ``(2) in a registration or license application or required 
        report, makes any untrue statement of a material fact or omits 
        to state a material fact required to be stated therein or 
        necessary to make the statements therein not misleading,
shall be fined not more than $1,000,000 or imprisoned 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.

SEC. 832. REPORT ON CERTAIN ASPECTS OF UNITED STATES EXPORT CONTROLS.

    Not later than 180 days after the date of the enactment of this 
Act, the President, taking into account the views of the relevant 
Federal departments and agencies, shall transmit to Congress a report 
on the plans of such departments and agencies to streamline United 
States export controls and processes to better serve the needs of the 
United States scientific and research community, consistent with the 
protection of United States national security interests.

                  Subtitle C--Miscellaneous Provisions

SEC. 841. AUTHORITY TO BUILD THE CAPACITY OF FOREIGN MILITARY FORCES.

    (a) Authority.--The Secretary of State is authorized to conduct a 
program to respond to contingencies in foreign countries or regions by 
providing training, procurement, and capacity-building of a foreign 
country's national military forces and dedicated counterterrorism 
forces in order for that country to--
            (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.--
            (1) Coordination with certain programs.--To the extent that 
        activities are carried out during a fiscal year pursuant to 
        section 1206 of the National Defense Authorization Act for 
        Fiscal Year 2006 (Public Law 109-163: 119 Stat. 3456), the 
        Secretary of State shall coordinate with the Secretary of 
        Defense on the formulation and execution of the program 
        authorized under subsection (a) to ensure that the activities 
        under this program complement the activities carried out 
        pursuant to such section 1206.
            (2) Consultation.--The Secretary of State may also consult 
        with the head of any other appropriate department or agency in 
        the formulation and execution of the program authorized under 
        subsection (a).
    (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''.

SEC. 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''.

SEC. 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''.

SEC. 844. SENSE OF CONGRESS ON THE GLOBAL ARMS TRADE.

    It is the sense of Congress that--
            (1) the United States, as the world's largest exporter of 
        conventional weapons, has a special obligation to promote 
        responsible practices in the global arms trade and should 
        actively work to prevent conventional weapons from being used 
        to perpetrate--
                    (A) breaches of the United Nations Charter relating 
                to the use of force;
                    (B) gross violations of international human rights;
                    (C) serious violations of international 
                humanitarian law;
                    (D) acts of genocide or crimes against humanity;
                    (E) acts of terrorism; and
                    (F) destabilizing buildups of military forces and 
                weapons; and
            (2) the United States should actively engage in the 
        development of a legally binding treaty establishing common 
        international standards for the import, export, and transfer of 
        conventional weapons.

SEC. 845. REPORT ON UNITED STATES' COMMITMENTS TO THE SECURITY OF 
              ISRAEL.

    (a) Initial Report.--Not later than 30 days after the date of the 
enactment of this Act, the President shall transmit to the appropriate 
congressional committees a report that contains--
            (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) Five-year reports.--Not later than 5 years after the 
        date of the enactment of this Act, and every 5 years 
        thereafter, the President shall transmit to the appropriate 
        congressional committees a report that contains the information 
        required under subsection (a) with respect to each assurance 
        described in subsection (a) or paragraph (1)(A) of this 
        subsection and revisions to any assurance described in 
        subsection (a) or paragraph (1)(A) of this subsection during 
        the preceding 5-year period.
    (c) Form.--Each report required by this section shall be 
transmitted in unclassified form, but may contain a classified annex, 
if necessary.

SEC. 846. 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''.

SEC. 847. EXCESS DEFENSE ARTICLES FOR CENTRAL AND SOUTH EUROPEAN 
              COUNTRIES AND CERTAIN OTHER COUNTRIES.

    Section 516(e) of the Foreign Assistance Act of 1961 (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.''.

SEC. 848. SUPPORT TO ISRAEL FOR MISSILE DEFENSE.

    (a) Authorization of Assistance.--Of the amounts authorized to be 
appropriated to carry out this division, there are authorized to be 
appropriated such sums as may be necessary for co-development of joint 
ballistic missile, medium and short-range projectile defense projects 
with Israel, including--
            (1) complete accelerated co-production of Arrow missiles;
            (2) system development of the Israel Missile Defense 
        Organization program to develop a short-range ballistic missile 
        defense capability, David's Sling weapon system, and integrate 
        the weapon system with the ballistic missile defense system and 
        force protection efforts of the United States; and
            (3) research, development, and test and evaluation of the 
        Iron Dome short-range projectile defense system.
    (b) 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 (a)(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.
    (d) Rule of Construction.--Nothing in this section shall be 
construed to authorize appropriations for the Arrow Weapons System or 
David's Sling weapons program under any provision of law that is funded 
from accounts within budget function 050 (National Defense).

           TITLE IX--ACTIONS TO ENHANCE THE MERIDA INITIATIVE

                     Subtitle A--General Provisions

SEC. 901. COORDINATOR OF UNITED STATES GOVERNMENT ACTIVITIES TO 
              IMPLEMENT THE MERIDA INITIATIVE.

    (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;
                    (E) 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
                    (F) consulting with the Attorney General and the 
                Secretary of Homeland Security with respect to the 
                activities of Federal, State, and local law enforcement 
                authorities in the United States relating to the goals 
                of the Merida Initiative, particularly along the United 
                States-Mexico border.
            (2) Rank and status of the coordinator.--The Coordinator 
        should have the rank and status of ambassador.
            (3) Countries within the merida initiative defined.--The 
        term ``countries within the Merida Initiative'' means Belize, 
        Costa Rica, El Salvador, Guatemala, Honduras, Mexico, 
        Nicaragua, and Panama and includes Haiti and the Dominican 
        Republic.

SEC. 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 30 days after the date of the 
enactment of this Act, the Secretary of State is authorized to consult 
with the countries of the Caribbean Community (CARICOM) in preparation 
for their inclusion into the Merida Initiative.
    (c) Incorporation of CARICOM Countries Into the Merida 
Initiative.--The President is authorized to incorporate the CARICOM 
countries into the Merida Initiative.

SEC. 903. 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) Authorization of Appropriations.--Of the amounts authorized to 
be appropriated for the Merida Initiative, up to 5 percent of such 
amounts is authorized to be appropriated to carry out this section.
    (g) 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 
        subsection (g) 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) Flow of illegal arms.--A description and 
                assessment of efforts to reduce the southbound flow of 
                illegal arms.
                    (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.
                    (K) Flow of illegal funds.--A description and 
                assessment of efforts to reduce the southbound flow of 
                illegal funds.
            (3) Sense of congress.--It is the sense of Congress that, 
        to the extent practicable, and without compromising law 
        enforcement sensitive or other protected information, the 
        reports required by paragraph (1) should be made available to 
        the Congress of Mexico for use in their oversight activities, 
        including through the Mexico-United States Inter-Parliamentary 
        Group process.

SEC. 904. MERIDA INITIATIVE DEFINED.

    In this subtitle, the term ``Merida Initiative'' means the program 
announced by the United States and Mexico on October 22, 2007, to fight 
illicit narcotics trafficking and criminal organizations throughout the 
Western Hemisphere.

Subtitle B--Prevention of Illicit Trade in Small Arms and Light Weapons

SEC. 911. TASK FORCE ON THE PREVENTION OF ILLICIT SMALL ARMS 
              TRAFFICKING IN THE WESTERN HEMISPHERE.

    (a) Establishment.--The President shall establish an inter-agency 
task force to be known as the ``Task Force on the Prevention of Illicit 
Small Arms Trafficking in the Western Hemisphere'' (in this section 
referred to as the ``Task Force'').
    (b) Duties.--The Task Force shall evaluate United States export 
controls on the illicit export of small arms and light weapons 
throughout the Western Hemisphere, including Mexico, Central America, 
the Caribbean, and South America. The Task Force shall--
            (1) conduct a thorough review and analysis of the current 
        regulation and enforcement of current regulations of exports of 
        small arms and light weapons; and
            (2) evaluate Federal policies, including enforcement 
        policies, for control of exports of small arms and light 
        weapons and, if warranted, suggest improvements that further 
        the foreign policy and national security interests of the 
        United States within the Western Hemisphere.
    (c) Membership.--The Task Force shall be composed of--
            (1) the Secretary of State;
            (2) the Attorney General;
            (3) the Secretary of Defense;
            (4) the Secretary of Homeland Security; and
            (5) the heads of other Federal departments and agencies as 
        appropriate.
    (d) Chairperson.--The Secretary of State shall serve as the 
chairperson of the Task Force.
    (e) Meetings.--The Task Force shall meet at the call of the 
chairperson or a majority of its members.
    (f) Annual Reports.--Not later than 1 year after the date of the 
enactment of this Act and annually thereafter until October 31, 2014, 
the chairperson of the Task Force shall submit to Congress and make 
available to the public a report that contains--
            (1) a description of the activities of the Task Force 
        during the preceding year; and
            (2) the findings, strategies, recommendations, policies, 
        and initiatives developed pursuant to the duties of the Task 
        Force under subsection (b) during the preceding year.

SEC. 912. INCREASE IN PENALTIES FOR ILLICIT TRAFFICKING IN SMALL ARMS 
              AND LIGHT WEAPONS TO COUNTRIES IN THE WESTERN HEMISPHERE.

    Section 38 of the Arms Export Control Act (22 U.S.C. 2778), as 
amended by sections 831(a) of this division, is further amended--
            (1) in subsection (c), by striking ``Whoever'' and 
        inserting ``Subject to subsection (d), whoever,''; and
            (2) by inserting after subsection (c) the following new 
        subsection:
    ``(d) Trafficking in Small Arms and Light Weapons to Countries in 
the Western Hemisphere.--Whoever willfully exports to a country in the 
Western Hemisphere any small arm or light weapon without a license in 
violation of this section shall be fined not more than $3,000,000 and 
imprisoned for not more than 20 years, or both. For purposes of this 
subsection, the term `small arm or light weapon' means any item listed 
in Category I(a), Category III (as it applies to Category I(a)), or 
grenades under Category IV(a) of the United States Munitions List (as 
contained in part 121 of title 22, Code of Federal Regulations (or 
successor regulations)) that requires a license for international 
export under this section.''.

SEC. 913. 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) by redesignating paragraphs (4) through (7) as 
        paragraphs (5) through (8), respectively;
            (2) by inserting after paragraph (3) the following new 
        paragraph:
            ``(4) the arrest or conviction in any country of any 
        individual for illegally exporting or attempting to export to 
        Mexico any small arm or light weapon (as defined in section 
        912(b) of the Foreign Relations Authorization Act, Fiscal Years 
        2010 and 2011);''; and
            (3) in paragraphs (5) and (6) (as redesignated), by 
        striking ``paragraph (1), (2), or (3)'' each place it appears 
        and inserting ``paragraph (1), (2), (3), or (4)''.

                    TITLE X--REPORTING REQUIREMENTS

SEC. 1001. ASSESSMENT OF SPECIAL COURT FOR SIERRA LEONE.

    Not later than 180 days after the date of the enactment of this 
Act, the Secretary of State shall submit to the appropriate 
congressional committees an assessment on the continuing needs of the 
Special Court for Sierra Leone, including an assessment of the 
following activities of the Special Court:
            (1) Witness protection.
            (2) Archival activities, including recordkeeping associated 
        with future legal work by the Special Court.
            (3) The residual registrar's capacity for enforcing Special 
        Court sentences and maintaining relations with countries 
        hosting imprisoned convicts of the Special Court, legal 
        decisionmaking regarding future appeals, conditions of prisoner 
        treatment, contempt proceedings, and financial matters relating 
        to such activities.
            (4) Transfer or maintenance of Special Court records to a 
        permanent recordkeeping authority in Sierra Leone.
            (5) Ongoing needs or programs for community outreach, for 
        the purpose of reconciliation and healing, regarding the 
        Special Court's legal proceedings and decisions.
            (6) Plans for the Special Court's facilities in Sierra 
        Leone and plans to use the Special Court, and expertise of its 
        personnel, for further development of the legal profession and 
        an independent and effective judiciary in Sierra Leone.
            (7) Unresolved cases, or cases that were not prosecuted.

SEC. 1002. REPORT ON UNITED STATES CAPACITIES TO PREVENT GENOCIDE AND 
              MASS ATROCITIES.

    (a) Findings.--Congress finds the following:
            (1) The lack of an effective government-wide strategy and 
        adequate capacities for preventing genocide and mass atrocities 
        against civilians undermines the ability of the United States 
        to contribute to the maintenance of global peace and security 
        and protect vital United States interests.
            (2) The December 2008 Report of the Genocide Prevention 
        Task Force, co-chaired by former Secretary of State Madeleine 
        Albright and former Secretary of Defense William Cohen offers a 
        valuable blueprint for strengthening United States capacities 
        to help prevent genocide and mass atrocities.
            (3) Specific training and staffing will enhance the 
        diplomatic capacities of the Department of State to help 
        prevent and respond to threats of genocide and mass atrocities.
    (b) Report.--
            (1) Report required.--Not later than 180 days after the 
        date of the enactment of this Act, the Secretary of State shall 
        submit to the appropriate congressional committees a report 
        outlining specific plans for the development of a government-
        wide strategy and the strengthening of United States civilian 
        capacities for preventing genocide and mass atrocities against 
        civilians.
            (2) Content.--The report required under paragraph (1) shall 
        include the following:
                    (A) An evaluation of current mechanisms for 
                government-wide early warning, information-sharing, 
                contingency planning, and coordination of effort to 
                prevent and respond to situations of genocide, mass 
                atrocities, and other mass violence.
                    (B) An assessment of current capacities within the 
                Department of State, including specific staffing and 
                training, for early warning, preventive diplomacy, and 
                crisis response to help avert genocide and mass 
                atrocities.
                    (C) An evaluation of United States foreign 
                assistance programs and mechanisms directed toward the 
                prevention of genocide and mass atrocities, including 
                costs, challenges to implementation, and successes of 
                such programs and mechanisms.
                    (D) An assessment of the feasibility, 
                effectiveness, and potential costs of implementing key 
                recommendations made by the Genocide Prevention Task 
                Force, including the establishment of an Atrocities 
                Prevention Committee within the National Security 
                Council and increased annual and contingency funding 
                for the prevention of genocide and mass atrocities.
                    (E) Recommendations to further strengthen United 
                States capacities to help prevent genocide, mass 
                atrocities, and other mass violence, including enhanced 
                early warning mechanisms, strengthened diplomatic 
                capacities of the Department of State, and improved use 
                of United States foreign assistance.

SEC. 1003. REPORTS RELATING TO PROGRAMS TO ENCOURAGE GOOD GOVERNANCE.

    (a) In General.--Subparagraph (C) of section 133(d)(2) of the 
Foreign Assistance Act of 1961 (22 U.S.C. 2152c(d)(2)) is amended by 
inserting before the period at the end the following: ``, including, 
with respect to a country that produces or exports large amounts of 
natural resources such as petroleum or natural resources, the degree to 
which citizens of the country have access to information about 
government revenue from the 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.

SEC. 1004. REPORTS ON HONG KONG.

    Section 301 of the United States-Hong Kong Policy Act of 1992 
(Public Law 102-383; 22 U.S.C. 5731) is amended, in the matter 
preceding paragraph (1), by striking ``and March 31, 2006'' and 
inserting ``March 31, 2006, and March 31, 2010, and March 31 of every 
subsequent year through 2020,''.

SEC. 1005. DEMOCRACY IN GEORGIA.

    (a) Sense of Congress.--It is the sense of Congress that the 
development and consolidation of effective democratic governance in 
Georgia, including free and fair electoral processes, respect for human 
rights and the rule of law, an independent media, an independent 
judiciary, a vibrant civil society, as well as transparency and 
accountability of the executive branch and legislative process, is 
critically important to Georgia's integration into Euro-Atlantic 
institutions, stability in the Caucasus region, and United States 
national security. The United States should urge the European Union, 
its member states, and the international community to call for an 
immediate and complete withdrawal of Russian troops deployed within 
Georgia in accordance with the August and September 2008 ceasefire 
agreements and for Russia to rescind its recognition of the 
independence of Abkhazia and South Ossetia.
    (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 appropriate congressional committees a 
        report on the programs, projects, and activities carried out in 
        Georgia with United States foreign assistance following the 
        August 2008 conflict with Russia.
            (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.

SEC. 1006. DIPLOMATIC RELATIONS WITH ISRAEL.

    (a) Sense of Congress.--It is the sense of Congress that the United 
States should assist Israel in its efforts to establish diplomatic 
relations.
    (b) Report.--Not later than 180 days after the date of the 
enactment of this Act and annually thereafter, the Secretary of State 
shall submit to the appropriate congressional committees a report that 
includes the following information:
            (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.

SEC. 1007. POLICE TRAINING REPORT.

    (a) In General.--Not later than 180 days after the date of the 
enactment of this Act, the President shall, in coordination with the 
heads of relevant Federal departments and agencies, conduct a study and 
transmit to the appropriate congressional committees and the Committee 
on Armed Services of the House of Representatives and the Committee on 
Armed Services of the Senate a report on current overseas civilian 
police training in countries or regions that are at risk of, in, or are 
in transition from, conflict or civil strife.
    (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.

SEC. 1008. REPORTS ON HUMANITARIAN ASSISTANCE IN GAZA.

    (a) In General.--Not later than 180 days after the date of the 
enactment of this Act and 1 year thereafter, the Secretary of State 
shall submit to the appropriate congressional committees a report 
detailing the humanitarian conditions and efficacy and obstacles to 
humanitarian and reconstruction assistance activities in Gaza.
    (b) Contents.--The reports required under subsection (a) shall 
include the following:
            (1) An assessment of the level of access to basic 
        necessities in Gaza, including food, fuel, water, sanitation, 
        education, and healthcare.
            (2) An assessment of the ability to successfully deliver 
        and distribute humanitarian and reconstruction goods and 
        supplies.
            (3) A description of the efforts of the United States and 
        its allies to facilitate the receipt and distribution of 
        humanitarian and reconstruction assistance in Gaza.
            (4) An assessment of the obstacles to the delivery of 
        humanitarian and reconstruction assistance, including the 
        activities and policies of Hamas and any organization 
        designated as a foreign terrorist organization under section 
        219 of the Immigration and Nationality Act.
            (5) Recommendations for actions the United States can take 
        to best improve the level of access to basic necessities 
        referred to in paragraph (1) and overcome obstacles described 
        in paragraphs (2) through (4).
            (6) An assessment of the policy prohibiting personnel of 
        the Department of State and the United States Agency for 
        International Development from traveling to Gaza following the 
        tragic roadside bombing in 2003. Such an assessment should 
        consider and evaluate the prospects that such personnel might 
        resume humanitarian assistance operations or commence 
        monitoring functions relating to humanitarian aid distribution 
        in Gaza in order to ascertain that United States foreign 
        assistance is not misused in ways that benefit any organization 
        designated as a foreign terrorist organization under section 
        219 of the Immigration and Nationality Act (8 U.S.C. 1189).

SEC. 1009. REPORT ON ACTIVITIES IN HAITI.

    Not later than 180 days after the date of the enactment of this 
Act, the Secretary of State shall submit to the appropriate 
congressional committees a report on the following:
            (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 
        supplement the work of the Government of Haiti to provide a 
        safe and prosperous democracy for its citizens, and a timetable 
        for when management and implementation of such activities will 
        be turned over to the Government of Haiti or Haitian nationals.
            (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.

SEC. 1010. REPORT ON RELIGIOUS MINORITY COMMUNITIES IN THE MIDDLE EAST.

    (a) Initiative Authorized.--The Secretary of State is authorized to 
undertake a focused initiative to monitor the status of and provide 
specific policy recommendations to protect vulnerable religious 
minorities throughout the Middle East region.
    (b) Report.--Not later than 180 days after the date of the 
enactment of this Act, and 1 year thereafter, the Secretary of State 
shall submit to the appropriate congressional committees a report on 
the humanitarian conditions of religious minority communities in the 
Middle East and efficacy and obstacles to humanitarian assistance 
activities to help meet the basic needs of vulnerable persons 
affiliated with minority religions in the Middle East, and 
recommendations to mitigate adverse humanitarian circumstances facing 
such persons.

SEC. 1011. IRAN'S INFLUENCE IN THE WESTERN HEMISPHERE.

    (a) Findings.--Congress finds the following:
            (1) The 2008 Country Report on Terrorism states that ``Iran 
        and Venezuela continued weekly flights connecting Tehran and 
        Damascus with Caracas. Passengers on these flights were 
        reportedly subject to only cursory immigration and customs 
        controls at Simon Bolivar International Airport in Caracas.''.
            (2) The Governments of Venezuela and Iran have forged a 
        close relationship.
            (3) Iran has sought to strengthen ties with several 
        countries in the Western Hemisphere in order to undermine 
        United States foreign policy.
    (b) Report.--Not later than 90 days after the date of the enactment 
of this Act, the Secretary of State shall submit to the appropriate 
congressional committees a report that includes actions taken by the 
Government of Iran and Hezbollah in the Western Hemisphere. A 
classified annex may be included, if necessary.

SEC. 1012. RECRUITMENT AND HIRING OF VETERANS AT THE DEPARTMENT OF 
              STATE AND UNITED STATES AGENCY FOR INTERNATIONAL 
              DEVELOPMENT.

    (a) Findings.--Congress finds the following:
            (1) Building a more expeditionary and capable Department of 
        State and United States Agency for International Development 
        requires recruitment of personnel with experience working in 
        unstable areas.
            (2) Veterans of the Armed Forces have specialized 
        experience gained from working under stressful circumstances in 
        hostile, foreign environments or under difficult circumstances.
            (3) The Foreign Service Act of 1980 states that ``The fact 
        that an applicant for appointment as a Foreign Service officer 
        candidate is a veteran or disabled veteran shall be considered 
        an affirmative factor in making such appointments.''.
            (4) In 1998, Congress enacted the Veterans Employment 
        Opportunities Act (VEOA), requiring that Federal agencies must 
        allow preference eligibles and certain veterans to apply for 
        positions announced under merit promotion procedures whenever 
        an agency is recruiting from outside its own workforce.
            (5) The annual report of the Office of Personnel Management 
        on ``The Employment of Veterans in the Federal Government'' for 
        fiscal year 2007, detailing the efforts by all agencies of the 
        Federal Government to hire veterans, reported that 15.6 percent 
        of all Department of State employees were veterans.
    (b) Sense of Congress.--It is the sense of Congress that the 
Department of State and the United States Agency for International 
Development should intensify their efforts to recruit more veterans, 
that those applicants who are entitled to five or ten point veterans 
preference have also served in the Armed Forces in areas of instability 
with specialties such as civil affairs, law enforcement, and 
assignments where they regularly performed other nation-building 
activities, and that this experience should be an additional 
affirmative factor in making appointments to serve in the Foreign 
Service.
    (c) Report.--Not later than 90 days after the date of the enactment 
of this Act, the Secretary of State and the Administrator of the United 
States Agency for International Development shall jointly submit to 
Congress a report on the efforts of the Department of State and the 
United States Agency for International Development to improve the 
recruitment of veterans into their respective workforces.

SEC. 1013. REPORT ON CHILD ABDUCTION.

    Not later than 60 days after the date of the enactment of this Act, 
the Secretary of State shall submit to Congress a report containing 
recommendations for changes to the Hague Convention on the Civil 
Aspects of International Child Abduction and related United States laws 
and regulations regarding international parental child abduction that 
would, if enacted, provide the United States additional legal tools to 
ensure compliance with the Hague Convention and facilitate the swift 
return of United States children wrongfully removed from the United 
States as a result of international parental child abduction, such as 
in the case of Sean Goldman of Tinton Falls, New Jersey.

SEC. 1014. REPORT ON EFFECTS OF BUY AMERICA ACT WAIVERS UNDER THE 
              PEPFAR PROGRAM.

    (a) Study.--The Comptroller General of the United States shall 
conduct a study of the effects of the United States Agency for 
International Development's use of waivers under the Buy America Act 
for HIV test kits under the President's Emergency Plan for AIDS Relief 
(PEPFAR) program on--
            (1) United States-based manufacturers; and
            (2) availability of and access to HIV testing for at-risk 
        populations in low-income countries.
    (b) Report.--Not later than 180 days after the date of the 
enactment of this Act, the Comptroller General shall submit to Congress 
a report on the results of the study required under subsection (a).

SEC. 1015. REPORT ON UNITED STATES-BRAZIL JOINT ACTION PLAN TO 
              ELIMINATE RACIAL DISCRIMINATION.

    Not later than 180 days after the date of the enactment of this Act 
and 1 year thereafter, the Secretary of State shall submit to the 
appropriate congressional committees a report detailing the status, 
efficacy, and coordination of the United States-Brazil Joint Action 
Plan to Eliminate Racial Discrimination, and a summary of short and 
long-term efforts to address the plight of in Afro Latinos and 
indigenous peoples in the Western Hemisphere through cooperation and 
bilateral efforts.

SEC. 1016. REPORT ON REDUCING SMUGGLING AND TRAFFICKING IN PERSONS.

    The Secretary of State, in consultation with the heads of other 
relevant Federal departments and agencies, shall conduct a cost-benefit 
analysis and submit to Congress a report on how best to use United 
States funds to reduce smuggling and trafficking in persons.

SEC. 1017. REPORT ON WESTERN HEMISPHERE TRAVEL INITIATIVE.

    Not later than 18 months after the date of enactment of this Act, 
the Secretary of State shall submit to Congress a report on the effects 
of the Western Hemisphere Travel Initiative (WHTI) on the flow of 
people, goods, and services across the international borders of the 
United States, Canada, Mexico, Bermuda, and the Caribbean region, with 
particular emphasis on whether WHTI has been effective in meeting its 
goal of strengthening United States border security and enhancing 
accountability of individuals entering the United States, and an 
assessment of the economic impact associated with WHTI and its effects 
on small businesses.

SEC. 1018. REPORT ON UNITED STATES CONTRIBUTIONS TO THE UNITED NATIONS.

    (a) In General.--Not later than 90 days after the date of the 
enactment of this Act and annually thereafter for the next 2 years, the 
President shall submit to Congress a report, with respect to the 
preceding fiscal year, listing each United States agency, department, 
or entity that provides assessed or voluntary contributions to the 
United Nations and United Nations affiliated agencies and related 
bodies through grants, contracts, subgrants, or subcontracts that is 
not fully compliant with the requirements to post such funding 
information for the fiscal year covered by such report on the website 
``USAspending.gov'' as required by the Federal Funding Accountability 
and Transparency Act (Public Law 109-282).
    (b) Availability to Public.--The Office of Management and Budget 
shall post a public version of each report submitted under subsection 
(a) on a text-based searchable and publicly available Internet website.

                   TITLE XI--MISCELLANEOUS PROVISIONS

                     Subtitle A--General Provisions

SEC. 1101. BILATERAL COMMISSION WITH NIGERIA.

    (a) Sense of Congress.--It is the sense of Congress that not later 
than 180 days after the date of the enactment of this Act, the 
President should establish a bilateral commission between the United 
States and Nigeria to support bilateral cooperation in the areas of--
            (1) trade and development;
            (2) economic integration;
            (3) infrastructure planning, finance, development, and 
        management;
            (4) budget reform and public finance management;
            (5) higher education, including applied research;
            (6) energy;
            (7) peace and security reform;
            (8) rule of law;
            (9) anti-corruption efforts, establishment of greater 
        transparency, and electoral reform; and
            (10) monitoring whether bilateral efforts undertaken 
        between respective Federal, State, and local governments are 
        achieving the goals set forth by the Governments of the United 
        States and Nigeria.
    (b) Bilateral Commission.--
            (1) Composition.--If the President establishes the 
        bilateral commission referred to in subsection (a), the 
        commission should have an equal number of members representing 
        the United States and Nigeria and appointed by the respective 
        Presidents of each country. Members should include 
        representatives of Federal, State, and local governments, the 
        private sector, and civil society organizations.
            (2) Functions.--The commission should--
                    (A) work to establish a bilateral process that 
                establishes the mission, goals, and objectives of a 
                bilateral partnership and establish guidelines for 
                accountability and rules to measure the effectiveness 
                for any initiatives undertaken;
                    (B) monitor bilateral technical assistance and 
                capacity building projects that are consistent with and 
                further the mission, goals, and objectives established 
                by the commission; and
                    (C) submit to the United States President, the 
                United States Congress, the Nigerian President, and the 
                Nigerian National Assembly a report on the amount of 
                progress achieved on projects undertaken by the two 
                governments to achieve bilaterally determined goals 
                established by the commission.
            (3) Monitoring of projects.--The commission should select 
        and monitor specific projects that involve an exchange of 
        personnel between the Governments of the United States and 
        Nigeria to determine whether technical assistance and capacity 
        building are being used effectively and whether mutual benefit 
        is being gained through the implementation of such bilateral 
        projects.
            (4) Review and report.--The Secretary of State should 
        review the work of the commission and annually submit to the 
        President and Congress a report on whether progress has been 
        made to meet the goals set forth by the commission and whether 
        bilateral efforts have served the interest of United States and 
        Nigerian bilateral relations.
            (5) United states contributions.--United States 
        contributions to support the Commission should be financed 
        through existing resources.

SEC. 1102. AUTHORITIES RELATING TO THE SOUTHERN AFRICA ENTERPRISE 
              DEVELOPMENT FUND.

    (a) Use of Private Venture Capital.--
            (1) In general.--In order to maximize the effectiveness of 
        the activities of the Southern Africa Enterprise Development 
        Fund, the Fund may conduct public offerings or private 
        placements for the purpose of soliciting and accepting private 
        venture capital which may be used, separately or together with 
        funds made available from the United States Government, for any 
        lawful investment purpose that the Board of Directors of the 
        Fund may determine in carrying out the activities of the Fund.
            (2) Distribution of financial returns.--Financial returns 
        on Fund investments that include a component of private venture 
        capital may be distributed, at such times and in such amounts 
        as the Board of Directors of the Fund may determine, to the 
        investors of such capital.
    (b) Nonapplicability of Other Laws.--
            (1) In general.--Funds made available from the United 
        States Government to the Fund may be used for the purposes of 
        the agreement between the United States Government and the Fund 
        notwithstanding any other provision of law.
            (2) Support from federal departments and agencies.--The 
        heads of Federal departments and agencies may conduct programs 
        and activities and provide services in support of the 
        activities of the Fund notwithstanding any other provision of 
        law.
    (c) Definition.--In this section, the term ``Southern Africa 
Enterprise Development Fund'' or ``Fund'' includes--
            (1) any successor or related entity to the Southern Africa 
        Enterprise Development Fund that is approved the United States 
        Government; and
            (2) any organization, corporation, limited-liability 
        partnership, foundation, or other corporate structure that 
        receives, or is authorized by the United States Government to 
        manage, any or all of the remaining funds or assets of the 
        Southern Africa Enterprise Development Fund.

SEC. 1103. DIABETES TREATMENT AND PREVENTION AND SAFE WATER AND 
              SANITATION FOR PACIFIC ISLAND COUNTRIES.

    (a) In General.--There is authorized to be appropriated $500,000 
for each of fiscal years 2010 and 2011 to establish a diabetes 
prevention and treatment program for Pacific Island countries and for 
safe water and sanitation.
    (b) Pacific Island Countries Defined.--In this section, the term 
``Pacific Island countries'' means Fiji, Kiribati, the Marshall 
Islands, the Federated States of Micronesia, Nauru, Niue, Palau, Papua 
New Guinea, Samoa, Solomon Islands, Tonga, Tuvalu, and Vanuatu.

SEC. 1104. STATELESSNESS.

    (a) Purpose.--It is the purpose of this section to increase global 
stability and security for the United States and the international 
community and decrease trafficking and discrimination by reducing the 
number of individuals who are de jure or de facto stateless and as a 
consequence are unable to avail themselves of their right to a 
nationality and its concomitant rights and obligations and are excluded 
from full participation in civil society.
    (b) Findings.--Congress finds the following:
            (1) The right to a nationality is a foundation of human 
        rights, and a deterrent to displacement and disaffection. The 
        State is the primary vehicle through which individuals are 
        guaranteed their inalienable rights and are made subject to the 
        rule of law. Regional stability and security are undermined 
        when individuals cannot avail themselves of their right to a 
        nationality and its concomitant rights and obligations and are 
        excluded from full participation in civil society.
            (2) The right to a nationality and citizenship is therefore 
        specifically protect in international declarations and 
        treaties, including Article 15 of the Universal Declaration of 
        Human Rights, the 1954 Convention Relating to the Status of 
        Stateless Persons, the 1961 Convention on the Reduction of 
        Statelessness, Article 24 of the International Covenant on 
        Civil and Political Rights, and Article 9(2) of the Convention 
        on the Elimination of Discrimination Against Women.
            (3) In the 21st century, the adverse effects of de jure or 
        de facto statelessness still impact at least an estimated 
        11,000,000 million people worldwide, who are unable to avail 
        themselves of the rights of free people everywhere to an 
        effective nationality, to the rights to legal residence, to 
        travel, to work in the formal economy or professions, to attend 
        school, to access basic health services, to purchase or own 
        property, to vote, or to hold elected office, and to enjoy the 
        protection and security of a country.
    (c) The United Nations.--
            (1) Policy.--It shall be the policy of the United States 
        that the President and the Permanent Representative of the 
        United States to the United Nations work with the international 
        community to increase political and financial support for the 
        work of the United Nations High Commissioner for Refugees 
        (UNHCR) to prevent and resolve problems related to de jure and 
        de facto statelessness, and to promote the rights of the de 
        jure or de facto stateless, by taking these and other actions:
                    (A) Increasing the attention of the United Nations 
                and the UNHCR to de jure and de facto statelessness and 
                increasing its capacity to reduce statelessness around 
                the world by coordinating the mainstreaming of de jure 
                and de facto statelessness into all of the United 
                Nations human rights work, in cooperation with all 
                relevant United Nations agencies.
                    (B) Urging United Nations country teams in 
                countries with significant de jure or de facto 
                stateless populations to devote increasing attention 
                and resources to undertake coordinated efforts by all 
                United Nations offices, funds, and programs to bring 
                about the full registration and documentation of all 
                persons resident in the territory of each country, 
                either as citizens or as individuals in need of 
                international protection.
                    (C) Urging the creation of an Inter-Agency Task 
                Force on Statelessness with representation from the 
                UNHCR, the United Nations Children's Fund (UNICEF), and 
                other relevant United Nations agencies that will 
                coordinate to increase agency awareness and information 
                exchange on de jure and de facto statelessness to 
                ensure a consistent and comprehensive approach to the 
                identification of stateless groups and individuals and 
                resolution of their status.
                    (D) Urging that nationality and de jure and de 
                facto statelessness issues are addressed in all country 
                reviews conducted by United Nations treaty bodies and 
                relevant special mechanisms engaged in country visits, 
                and pursuing creation of a standing mechanism within 
                the United Nations to complement the work of the UNHCR 
                in addressing issues of de jure and de facto 
                statelessness that give rise to urgent human rights or 
                security concerns.
                    (E) Urging the UNHCR to include nationality and 
                statelessness in all country-specific and thematic 
                monitoring, reporting, training, and protection 
                activities, and across special procedures, and to 
                designate at least one human rights officer to monitor, 
                report, and coordinate the office's advocacy on 
                nationality and de jure and de facto statelessness.
                    (F) Urging the United Nations to ensure that its 
                work on trafficking includes measures to restore secure 
                citizenship to trafficked women and girls, and to work 
                with Member States to guarantee that national 
                legislation gives women full and equal rights regarding 
                citizenship.
                    (G) Urging the United Nations to increase its 
                capacity to respond to the needs of de jure or de facto 
                stateless individuals, particularly children, and to 
                strengthen and expand the United Nations protection and 
                assistance activities, particularly in field 
                operations, to better respond to the wide range of 
                protection and assistance needs of de jure or de facto 
                stateless individuals.
                    (H) Urging the UNICEF to increase its efforts to 
                encourage all Member States of the United Nations to 
                permit full and easy access to birth registration for 
                all children born in their territories, particularly in 
                Member States in which there are displaced populations, 
                and work with the UNHCR and Member States to ensure the 
                issuance of birth certificates to all children born to 
                refugees and displaced persons.
            (2) Authorization of appropriations.--There is authorized 
        to be appropriated $5,000,000 for each of fiscal years 2010 and 
        2011 to be made available to improve the UNHCR's assistance to 
        de jure or de facto stateless individuals. Such funds may be 
        used to--
                    (A) protect the rights, meet emergency humanitarian 
                needs, and provide assistance to de jure or de facto 
                stateless groups and individuals;
                    (B) provide additional resources to--
                            (i) increase the number of protection 
                        officers;
                            (ii) increase the number of professional 
                        staff in the statelessness unit; and
                            (iii) train protection officers and United 
                        Nations country teams in the field to identify, 
                        reduce, protect, and prevent de jure and de 
                        facto statelessness;
                    (C) improve identification of de jure or de facto 
                stateless groups and individuals by carrying out a 
                comprehensive annual study of the scope of de jure and 
                de facto statelessness worldwide, including causes of 
                de jure and de facto statelessness and dissemination of 
                best practices for remedying de jure and de facto 
                statelessness; and
                    (D) increase the United Nations educational and 
                technical assistance programs to prevent de jure and de 
                facto statelessness, including outreach to Member 
                States and their legislatures, with particular emphasis 
                on those countries determined to have protracted de 
                jure or de facto statelessness situations.
            (3) Authorization of appropriations to the unicef.--There 
        is authorized to be appropriated $3,000,000 for each of fiscal 
        years 2010 and 2011 to augment to the UNICEF's ability to aid 
        countries with significant de jure or de facto stateless 
        populations to bring about the full registration of all 
        children born to de jure or de facto stateless parents.
    (d) The United States.--
            (1) Foreign policy.--Given the importance of obtaining and 
        preserving nationality and the protection of a government, and 
        of preventing the exploitation or trafficking of de jure or de 
        facto stateless groups or individuals, the President shall make 
        the prevention and reduction of de jure or de facto 
        statelessness an important goal of United States foreign policy 
        and human rights efforts. Such efforts shall include--
                    (A) calling upon host countries to protect and 
                assume responsibility for de jure or de facto stateless 
                groups or individuals;
                    (B) working with countries of origin to facilitate 
                the resolution of problems faced by de jure or de facto 
                stateless groups or individuals;
                    (C) working with countries of origin and host 
                countries to facilitate the resolution of disputes and 
                conflicts that cause or result in the creation of de 
                jure or de facto statelessness;
                    (D) encouraging host countries to afford de jure or 
                de facto stateless groups or individuals the full 
                protection of the 1954 Convention Relating to the 
                Status of Stateless Persons and the 1961 Convention on 
                the Reduction of Statelessness and all relevant 
                international conventions;
                    (E) directing the Secretary of State to provide 
                assistance to countries to prevent and resolve 
                situations of de jure or de facto statelessness and to 
                prevent the trafficking or exploitation of de jure or 
                de facto stateless individuals;
                    (F) directing the Office of Trafficking in Persons 
                of the Department of State to continue to document and 
                analyze the effects of statelessness on trafficking in 
                persons, both as a cause of trafficking and as an 
                obstacle to reaching and assisting trafficked persons; 
                and
                    (G) encouraging and facilitating the work of 
                nongovernmental organizations in the United States and 
                abroad that provide legal and humanitarian support to 
                de jure or de facto stateless groups or individuals, to 
                increase the access of de jure or de facto stateless 
                groups or individuals to such organizations, and to 
                encourage other governments to provide similar support 
                and access.
            (2) United states activities.--
                    (A) In general.--Given the importance of preventing 
                new instances of de jure or de facto statelessness and 
                the trafficking of de jure or de facto stateless 
                individuals, and of protecting the human rights of de 
                jure or de facto stateless individuals, the President 
                shall submit to the Committee on Foreign Affairs and 
                the Committee on the Judiciary of the House of 
                Representatives and the Committee on Foreign Relations 
                and the Committee on the Judiciary of the Senate a 
                report that includes the following:
                            (i) A list of countries and territories 
                        with significant de jure or de facto stateless 
                        populations under their jurisdictions and the 
                        conditions and consequences of such de jure or 
                        de facto statelessness of such individuals.
                            (ii) United States international efforts to 
                        prevent further de jure or de facto 
                        statelessness and encourage the granting of 
                        full legal protection of the human rights of de 
                        jure or de facto stateless individuals.
                    (B) Statement of policy.--It shall be the policy of 
                the United States to comply with the principles and 
                provisions of the 1954 Convention Relating to the 
                Status of Stateless Persons and the 1961 Convention on 
                the Reduction of Statelessness to the fullest extent 
                possible and to encourage other countries to do so as 
                well.
                    (C) Actions by secretary of state.--
                            (i) Increase in resources and staff.--The 
                        Secretary of State shall permanently increase 
                        in the Bureau of Population, Refugees, and 
                        Migration in the Department of State the 
                        resources dedicated to and staff assigned to 
                        work toward the prevention and resolution of de 
                        jure and de facto statelessness and the 
                        protection of de jure or de facto stateless 
                        individuals.
                            (ii) Coordination.--To coordinate United 
                        States policies toward combating de jure and de 
                        facto statelessness, the Secretary of State 
                        shall establish an Interagency Working Group to 
                        Combat Statelessness. This working group should 
                        include representatives of the Bureau of 
                        Population, Refugees and Migration, the Bureau 
                        of International Organizations, the Bureau of 
                        Democracy, Human Rights and Labor, the Office 
                        of Trafficking in Persons of the Department of 
                        State, and the United States Agency for 
                        International Development, as well as 
                        representatives from relevant offices of the 
                        Department of Justice and relevant offices of 
                        the Department of Homeland Security.
                    (D) Authorization of appropriations.--There are 
                authorized to be appropriated such sums as may be 
                necessary to carry out the provisions of this 
                subsection.

SEC. 1105. STATEMENT OF POLICY REGARDING THE ECUMENICAL PATRIARCHATE.

    It shall be the policy of the United States to urge Turkey to--
            (1) respect property rights and religious rights of the 
        Ecumenical Patriarch;
            (2) grant the Ecumenical Patriarchate appropriate 
        international recognition and ecclesiastic succession; and
            (3) grant the Ecumenical Patriarchate the right to train 
        clergy of all nationalities, not just Turkish nationals.

SEC. 1106. LIMITATION ON ASSISTANCE FOR WEATHER COOPERATION ACTIVITIES 
              TO COUNTRIES IN THE AMERICAS.

    (a) Sense of Congress.--It is the sense of Congress that the United 
States should facilitate international cooperation on hurricane 
preparedness because--
            (1) hundreds of millions of people in the Americas live in 
        coastal communities and are susceptible to the immense risks 
        posed by hurricanes;
            (2) the need for hurricane tracking overflights and other 
        weather cooperation activities to track and monitor hurricanes 
        in the Americas is acute; and
            (3) accurate hurricane forecasts can help prevent the loss 
        of life and injury and reduce property loss and economic 
        disruption.
    (b) Report.--
            (1) In general.--Not later than 180 days after the date of 
        the enactment of this Act, the Secretary of State shall 
        transmit to the appropriate congressional committees a report 
        on the status of United States cooperation with other countries 
        in the Americas on hurricane preparedness and other weather 
        cooperation activities.
            (2) Matters to be included.--The report required under 
        paragraph (1) shall include--
                    (A) a list of countries in the Americas that do not 
                cooperate with the United States on hurricane 
                preparedness and other weather cooperation activities; 
                and
                    (B) the status of any negotiations regarding 
                hurricane preparedness and other weather cooperation 
                activities between the United States and countries 
                listed in subparagraph (A).
    (c) Limitation on Assistance.--The Secretary of State may not 
provide assistance for weather cooperation activities to countries 
listed in the report under subsection (b)(2)(A).
    (d) Waiver.--The Secretary of State may waive the limitation on 
assistance requirements under subsection (c) if the Secretary of State 
certifies to the appropriate congressional committees that the waiver 
is in the national interest of the United States.

SEC. 1107. STATEMENT OF CONGRESS REGARDING AFGHAN WOMEN.

    Congress--
            (1) supports the decision by President Hamid Karzai of 
        Afghanistan to submit for review the Shi'ite Personal Status 
        Law and strongly urges him not to publish such law on the 
        grounds that such law violates the basic human rights of women 
        and is inconsistent with the Constitution of Afghanistan;
            (2) urges President Karzai, the Ministry of Justice, and 
        other parties involved in reviewing the law to formally declare 
        as unconstitutional the provisions of such law regarding 
        marital rape and restrictions on women's freedom of movement;
            (3) reiterates its strong sense that the provisions in such 
        law which restrict the rights of women should be removed, and 
        that an amended draft of the Shi'ite Personal Status Law should 
        be submitted for parliamentary review;
            (4) recognizes that actions limiting or suppressing the 
        human rights of Afghan women and girls undermines the intent of 
        the significant financial and training contributions that the 
        United States and international community have provided to 
        rebuild the country and to help establish institutions that 
        protect and promote respect of basic and fundamental human 
        rights to overcome the devastating damage to those rights from 
        years of Taliban rule;
            (5) encourages the Secretary of State, the Special 
        Representative for Afghanistan and Pakistan, the Ambassador-at-
        Large for Global Women's Issues, and the United States 
        Ambassador to Afghanistan to consider and address the status of 
        women's rights and security in Afghanistan to ensure that such 
        rights are not being eroded through unjust laws, policies, or 
        institutions; and
            (6) encourages the Government of Afghanistan to solicit 
        information and advice from the Ministry of Justice, the 
        Ministry for Women's Affairs, the Afghanistan Independent Human 
        Rights Commission, and women-led nongovernmental organizations 
        to ensure that current and future legislation and official 
        policies protect and uphold the equal rights of women, 
        including through national campaigns to lead public discourse 
        on the importance of women's status and rights to the overall 
        stability of Afghanistan.

SEC. 1108. GLOBAL PEACE OPERATIONS INITIATIVE PROGRAMS AND ACTIVITIES.

    (a) Findings.--Congress makes the following findings:
            (1) Over 100,000 military and civilian personnel are 
        engaged in 18 United Nations peacekeeping operations around the 
        world. Peacekeeping operations are critical to maintaining a 
        peaceful and stable international environment.
            (2) The United States has a vital interest in ensuring that 
        United Nations peacekeeping operations are successful. 
        Countries undergoing conflict threaten the national and 
        economic security of the United States, risk becoming safe 
        havens for terrorist organizations, and often feature levels of 
        human rights abuses and human deprivation that are an affront 
        to the values of the American people.
            (3) Over the years, United Nations peacekeeping has evolved 
        to meet the demands of different conflicts and a changing 
        political landscape. Today's peacekeeping mission is most often 
        ``multidimensional'' and includes a wide variety of complex 
        tasks such as civilian protection, helping to build sustainable 
        institutions of governance, human rights monitoring, security 
        sector reform, facilitating delivery of humanitarian relief and 
        disarmament, demobilization and reintegration of former 
        combatants.
            (4) United Nations peacekeeping operations allow the United 
        States to respond to global crises within a multilateral 
        framework with costs shared among nations. A 2007 Government 
        Accountability Office report found that in general a United 
        States peacekeeping operation is likely to be ``much more 
        expensive'' than a United Nations peacekeeping operation, 
        regardless of location.
            (5) In many missions due to vast swaths of terrain and 
        limited infrastructure, ongoing low-intensity fighting, and the 
        presence of ``peace spoilers'', United Nations peacekeepers 
        cannot carry out the complex tasks with which they are charged 
        without critical enablers, and in particular air assets.
            (6) The United Nations Secretary-General has repeatedly 
        noted the deleterious impact of insufficient helicopters for 
        peacekeeping missions in Darfur and the Democratic Republic of 
        the Congo. History has shown that under-resourced peacekeeping 
        troops are not only unable to carry out their mandates, they 
        erode the credibility of the United Nations and are themselves 
        likely to come under attack.
            (7) Senate Resolution 432 and House Resolution 1351 of the 
        110th Congress--
                    (A) urged members of the international community, 
                including the United States, that possessed the 
                capability to provide tactical and utility helicopters 
                needed for the United Nations-African Union Mission in 
                Darfur (UNAMID) to do so as soon as possible; and
                    (B) urged the President to intervene personally by 
                contacting other heads of state and asking them to 
                contribute the aircraft and crews to the Darfur 
                mission.
            (8) The current framework of relying on member countries to 
        provide air assets on a volunteer basis has not yielded 
        sufficient results. The United Nations still faces a shortfall 
        of over 50 helicopters for UNAMID, the Democratic Republic of 
        Congo (MONUC), and the Republic of Chad (MINURCAT). A review of 
        trend lines suggests that any new United Nations peacekeeping 
        missions authorized within the next 5 to 7 years would face 
        similar shortfalls.
            (9) Numerous studies and reports have determined that there 
        is no global shortage of air assets. It is inexcusable to allow 
        authorized United Nations peacekeeping missions to founder for 
        the lack of critical mobility capabilities.
    (b) Purpose.--The purpose of assistance authorized by this section 
is to contribute to peace and security and help protect civilians by 
training and equipping peacekeepers worldwide, to include financing the 
refurbishment of helicopters.
    (c) Use of Funds.--
            (1) In general.--The Secretary of State is authorized to 
        use amounts authorized to be appropriated to carry out this 
        section to provide funding to carry out and expand Global Peace 
        Operations Initiative programs and activities. Such programs 
        and activities shall include--
                    (A) assist partner countries to establish and 
                strengthen the institutional infrastructure required 
                for such countries to achieve self-sufficiency in 
                participating in peace support operations, including 
                for the training of formed police units;
                    (B) train peacekeepers worldwide to increase global 
                capacity to participate in peace support operations;
                    (C) provide transportation and logistics support to 
                deploying peacekeepers as appropriate;
                    (D) enhance the capacity of regional and sub-
                regional organizations to train for, plan, deploy, 
                manage, obtain, and integrate lessons learned from 
                peace operations;
                    (E) support multilateral approaches to coordinate 
                international contributions to peace support operations 
                capacity building efforts; and
                    (F) financing the refurbishment of helicopters in 
                preparation for their deployment to United Nations 
                peacekeeping operations or to regional peacekeeping 
                operations which have been approved by the United 
                Nations Security Council.
            (2) Sense of congress.--It is the sense of Congress that 
        failure on the part of the international community to take all 
        steps necessary to deploy and maintain fully capacitated United 
        Nations peacekeeping operations will result in continued loss 
        of life and human suffering. Therefore, in carrying out this 
        section, the Secretary of State should prioritize the 
        refurbishment of helicopters with a goal of participating in 
        the financing of no fewer than three helicopter refurbishments 
        by the end of fiscal year 2011.
            (3) Support from other countries.--In providing funding 
        under paragraph (1), the Secretary of State shall to the 
        greatest extent possible seek to leverage such funding with 
        financing from other countries.
            (4) Relation to other programs and activities.--The 
        activities described under paragraph (1)(F) may be coordinated 
        or conducted in conjunction with other foreign assistance 
        programs and activities of the United States, as appropriate 
        and in accordance with United States law.
    (d) Report.--
            (1) In general.--Not later than 180 days after the date of 
        the enactment of this Act and 1 year thereafter, the Secretary 
        of State shall submit to the appropriate congressional 
        committees a report on the activities of the United States 
        Government to carry out the provisions of this section.
            (2) Contents.--The report required under paragraph (1) 
        shall include--
                    (A) a description of the Global Peace Operations 
                Initiative programs and activities undertaken, by 
                country;
                    (B) a description of the funds obligated and 
                expended in each country, by program and fiscal year;
                    (C) a description of the coordination of these 
                efforts within the United States Government interagency 
                process and with other nations along with any 
                recommendations for improvements;
                    (D) a description of the GPOI's activities 
                concerning the refurbishment of air assets for United 
                Nations peacekeeping operations and regional 
                peacekeeping operations that have been approved by the 
                United Nations Security Council;
                    (E) information on the training and deployment 
                activities of graduates of the international Center of 
                Excellence for Stability Police Units (COESPU) in their 
                home countries;
                    (F) a description of vetting activities for all 
                GPOI training to ensure that all individuals in 
                composite units are vetted for human rights violations;
                    (G) information concerning the timeliness of 
                equipment delivery and recommendations for improvement 
                as appropriate; and
                    (H) description of how GPOI trainees and GPOI-
                provided equipment contribute to improved civilian 
                protection in peace operations.
    (e) Authorization of Appropriations.--There is authorized to be 
appropriated $140,000,000 for fiscal year 2010 and such sums as may be 
necessary for fiscal year 2011 to carry out this section.
    (f) Definition.--In this section, the term ``Global Peace 
Operations Initiative'' or ``GPOI'' means the program established by 
the Department of State to address major gaps in international peace 
operations support, including by building and maintaining capability, 
capacity, and effectiveness of peace operations.

SEC. 1109. FREEDOM OF THE PRESS.

    (a) Short Title.--This section may be cited as the ``Daniel Pearl 
Freedom of the Press Act of 2009''.
    (b) Inclusion of Additional Information 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(c) of this division--
                    (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 5 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.

SEC. 1110. INFORMATION FOR COUNTRY COMMERCIAL GUIDES ON BUSINESS AND 
              INVESTMENT CLIMATES.

    (a) In General.--The Director General of the Foreign Commercial 
Service, in consultation with the Assistant Secretary of Commerce for 
Trade Promotion and the Assistant Secretary of State for Economic, 
Energy and Business Affairs, should ensure that the annual Country 
Commercial Guides for United States businesses include--
            (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.

SEC. 1111. INTERNATIONAL PROTECTION OF 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 
        1109(b)(2) of this division, is further amended by adding at 
        the end the following new subsection:
    ``(j) The report required by subsection (b) shall 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 division, there is 
authorized to be appropriated as such sums as necessary for fiscal 
years 2010 through 2011 to carry out this section and the amendments 
made by this section.

SEC. 1112. STATEMENT OF CONGRESS REGARDING RETURN OF PORTRAITS OF 
              HOLOCAUST VICTIMS TO ARTIST DINA BABBITT.

    (a) Findings.--Congress finds the following:
            (1) Dina Babbitt (formerly known as Dinah Gottliebova), a 
        United States citizen, has requested the return of watercolor 
        portraits she painted while suffering a 1\1/2\-year-long 
        internment at the Auschwitz death camp during World War II.
            (2) Dina Babbitt was ordered to paint the portraits by the 
        infamous war criminal Dr. Josef Mengele.
            (3) Dina Babbitt's life, and her mother's life, were spared 
        only because she painted portraits of doomed inmates of 
        Auschwitz-Birkenau, under orders from Dr. Josef Mengele.
            (4) These paintings are currently in the possession of the 
        Auschwitz-Birkenau State Museum.
            (5) Dina Babbitt is the rightful owner of the artwork, 
        because the paintings were produced by her own talented hands 
        as she endured the unspeakable conditions that existed at the 
        Auschwitz death camp.
            (6) This continued injustice can be righted through 
        cooperation between agencies of the United States and Poland.
            (7) This issue was raised in the Foreign Relations 
        Authorization Act, Fiscal Year 2003 (Public Law 107-228).
    (b) Statement of Congress.--Congress--
            (1) continues to recognize the moral right of Dina Babbitt 
        to obtain the artwork she created, and recognizes her courage 
        in the face of the evils perpetrated by the Nazi command of the 
        Auschwitz-Birkenau death camp, including the atrocities 
        committed by Dr. Josef Mengele;
            (2) urges the President to make all efforts necessary to 
        retrieve the seven watercolor portraits Dina Babbitt painted, 
        while suffering a 1\1/2\-year-long internment at the Auschwitz 
        death camp, and return them to her;
            (3) urges the Secretary of State to make immediate 
        diplomatic efforts to facilitate the transfer of the seven 
        original watercolors painted by Dina Babbitt from the 
        Auschwitz-Birkenau State Museum to Dina Babbitt, their rightful 
        owner;
            (4) urges the Government of Poland to immediately 
        facilitate the return to Dina Babbitt of the artwork painted by 
        her that is now in the possession of the Auschwitz-Birkenau 
        State Museum; and
            (5) urges the officials of the Auschwitz-Birkenau State 
        Museum to transfer the seven original paintings to Dina Babbitt 
        as expeditiously as possible.

SEC. 1113. STATEMENT OF POLICY REGARDING SOMALIA.

    (a) Statement of Policy.--It shall be the policy of the United 
States to--
            (1) advance long-term stability and peace in Somalia;
            (2) provide assistance to the government of Somalia and 
        nongovernmental organizations, including Somali-led 
        nongovernmental organizations, and particularly women's groups, 
        as appropriate;
            (3) support efforts to establish democratic civil 
        authorities and institutions in Somalia that reflect local and 
        traditional structures, built on the rule of law and respect 
        for human rights, and strengthen the security sector; and
            (4) support reconciliation efforts in Somalia in order to 
        ensure lasting peace.
    (b) Sense of Congress.--It is the sense of Congress that the 
President, acting through the Secretary of State, should develop a 
comprehensive policy in coordination with the international community 
and the government of Somalia that aligns humanitarian, development, 
economic, political, counterterrorism, anti-piracy, and regional 
strategies in order to bring about peace and stability in Somalia and 
the region.

SEC. 1114. MODERNIZATION AND STREAMLINING OF UNITED STATES FOREIGN 
              ASSISTANCE.

    (a) Amendment.--Chapter 1 of part III of the Foreign Assistance Act 
of 1961 (22 U.S.C. 2351 et seq.) is amended by inserting after section 
608 the following new section:

``SEC. 609. MONITORING AND EVALUATION OF UNITED STATES FOREIGN 
              ASSISTANCE.

    ``(a) In General.--The Secretary of State should develop and 
implement a rigorous system to monitor and evaluate the effectiveness 
and efficiency of United States foreign assistance. The system should 
include a method of coordinating the monitoring and evaluation 
activities of the Department of State and the United States Agency for 
International Development with the monitoring and evaluation activities 
of other Federal departments and agencies carrying out United States 
foreign assistance programs, and when possible with other international 
bilateral and multilateral agencies and entities.
    ``(b) Elements.--In carrying out subsection (a), the Secretary, 
under the direction of the President, should ensure that the head of 
each Federal department or agency carrying out United States foreign 
assistance programs--
            ``(1) establishes measurable performance goals, including 
        gender-sensitive goals wherever possible, for such programs;
            ``(2) establishes criteria for selection of such programs 
        to be subject to various evaluation methodologies, with 
        particular emphasis on impact evaluation;
            ``(3) establishes an organization unit, or strengthens an 
        existing unit, with adequate staff and funding to budget, plan, 
        and conduct appropriate performance monitoring and improvement 
        and evaluation activities with respect to such programs;
            ``(4) establishes a process for applying the lessons 
        learned and findings from monitoring and evaluation activities, 
        including impact evaluation research, into future budgeting, 
        planning, programming, design and implementation of such 
        programs; and
            ``(5) establishes a policy to publish all evaluation plans 
        and reports relating to such programs.
    ``(c) Annual Evaluation Plans.--
            ``(1) In general.--In carrying out subsection (a), the 
        Secretary, under the direction of the President, should ensure 
        that the head of each Federal department or agency carrying out 
        United States foreign assistance programs develops an annual 
        evaluation plan for such programs stating how the department or 
        agency will implement this section.
            ``(2) Consultation.--In preparing the evaluation plan, the 
        head of each Federal department or agency carrying out United 
        States foreign assistance programs should consult with the 
        heads of other appropriate Federal departments and agencies, 
        governments of host countries, international and local 
        nongovernmental organizations, and other relevant stakeholders.
            ``(3) Submission to congress.--Not later than 180 days 
        after the date of the enactment of this section, the head of 
        each Federal department or agency carrying out United States 
        foreign assistance programs should submit to the appropriate 
        congressional committees an evaluation plan consistent with 
        this subsection.
    ``(d) Capacity Building.--
            ``(1) For federal departments and agencies.--The Secretary, 
        under the direction of the President and in consultation with 
        the head of each Federal department or agency carrying out 
        United States foreign assistance programs, should take concrete 
        steps to enhance the performance monitoring and improvement and 
        evaluation capacity of each such Federal department and agency, 
        subject to the availability of resources for such purposes, 
        including by increasing and improving training and education 
        opportunities, and by adopting best practices and up-to-date 
        evaluation methodologies to provide the best evidence available 
        for assessing the outcomes and impacts of such programs.
            ``(2) For recipient countries.--The Secretary is authorized 
        to provide assistance to increase the capacity of countries 
        receiving United States foreign assistance to design and 
        conduct performance monitoring and improvement and evaluation 
        activities.
    ``(e) Budgetary Planning.--The head of each Federal department or 
agency carrying out United States foreign assistance programs should 
request in the annual budget of the department or agency a funding 
amount to conduct performance monitoring and improvement and 
evaluations of such programs, projects, or activities.
    ``(f) Report.--
            ``(1) In general.--Not later than 1 year after the date of 
        the enactment of this section, and in each of the two 
        subsequent years, the Secretary shall transmit to the 
        appropriate congressional committees a report on--
                    ``(A) the use of funds to carry out evaluations 
                under this section;
                    ``(B) the status and findings of evaluations under 
                this section; and
                    ``(C) the use of findings and lessons learned from 
                evaluations under this section, including actions taken 
                in response to recommendations included in current and 
                previous evaluations, such as the improvement or 
                continuation of a program, project, or activity.
            ``(2) Publication.--The report shall also be made available 
        on the Department of State's website.
    ``(g) Definitions.--
            ``(1) In general.--In this section--
                    ``(A) the term `appropriate congressional 
                committees' means the Committee on Foreign Affairs of 
                the House of Representatives and the Committee on 
                Foreign Relations of the Senate;
                    ``(B) the term `Secretary' means the Secretary of 
                State; and
                    ``(C) the term `United States foreign assistance' 
                means--
                            ``(i) assistance authorized under this Act; 
                        and
                            ``(ii) assistance authorized under any 
                        other provision of law that is classified under 
                        budget function 150 (International Affairs).
            ``(2) Terms relating to monitoring and evaluation.--In this 
        section--
                    ``(A) the term `evaluation' means the systematic 
                and objective determination and assessment of the 
                design, implementation, and results of an on-going or 
                completed program, project, or activity;
                    ``(B) the term `impact evaluation research' means 
                the application of research methods and statistical 
                analysis to measure the extent to which change in a 
                population-based outcome or impact can be attributed to 
                United States program, project, or activity 
                intervention instead of other environmental factors, 
                including change in political climate and other donor 
                assistance;
                    ``(C) the term `impacts' means the positive and 
                negative, direct and indirect, intended and unintended 
                long-term effects produced by a program, project, or 
                activity;
                    ``(D) the term `outcomes' means the likely or 
                achieved immediate and intermediate effects of the 
                outputs of a program, project, or activity;
                    ``(E) the term `outputs' means the products, 
                capital, goods, and services that result from a 
                program, project, or activity; and
                    ``(F) the term `performance monitoring and 
                improvement' means a continuous process of collecting, 
                analyzing, and using data to compare how well a 
                program, project, or activity is being implemented 
                against expected outputs and program costs and to make 
                appropriate improvements accordingly.
    ``(h) Funding.--Of the amounts authorized to be appropriated for 
each United States foreign assistance program for each of the fiscal 
years 2010 and 2011, not less than 5 percent of such amounts should be 
made available to carry out this section.''.
    (b) Repeals of Obsolete Authorizations of Assistance; Conforming 
Amendments.--
            (1) Repeals.--The following provisions of the Foreign 
        Assistance Act of 1961 are hereby repealed:
                    (A) Section 125 (22 U.S.C. 2151w; relating to 
                general development assistance).
                    (B) Section 219 (22 U.S.C. 2179; relating to 
                prototype desalting plant).
                    (C) Title V of chapter 2 of part I (22 U.S.C. 2201; 
                relating to disadvantaged children in Asia).
                    (D) Section 466 (22 U.S.C. 2286; relating to debt-
                for-nature exchanges pilot program for sub-Saharan 
                Africa).
                    (E) Sections 494, 495, and 495B through 495K (22 
                U.S.C. 2292c, 2292f, and 2292h through 2292q; relating 
                to certain international disaster assistance 
                authorities).
                    (F) Section 648 (22 U.S.C. 2407; relating to 
                certain miscellaneous provisions).
            (2) Conforming amendment.--Section 135 of the Foreign 
        Assistance Act of 1961 (22 U.S.C. 2152h) is amended by striking 
        ``section 135'' and inserting ``section 136''.

SEC. 1115. GLOBAL HUNGER AND FOOD SECURITY.

    (a) Statement of Policy.--It shall be the policy of the United 
States to reduce global hunger, advance nutrition, increase food 
security, and ensure that relevant Federal policies and programs--
            (1) provide emergency response and direct support to 
        vulnerable populations in times of need, whether provoked by 
        natural disaster, conflict, or acute economic difficulties;
            (2) increase resilience to and reduce, limit, or mitigate 
        the impact of shocks on vulnerable populations, reducing the 
        need for emergency interventions;
            (3) increase and build the capacity of people and 
        governments to sustainably feed themselves;
            (4) ensure adequate access for all individuals, especially 
        mothers and children, to the required calories and nutrients 
        needed to live healthy lives;
            (5) strengthen the ability of small-scale farmers, 
        especially women, to sustain and increase their production and 
        livelihoods; and
            (6) incorporate sustainable and environmentally sound 
        agricultural methods and practices.
    (b) Initiatives.--It is the sense of Congress that initiatives 
developed to carry out subsection (a) should--
            (1) be guided by a comprehensive strategy under 
        Presidential leadership that integrates the policies and 
        programs of all Federal agencies;
            (2) be balanced and flexible to allow for programs that 
        meet emergency needs and increased investments in longer-term 
        programs;
            (3) develop mechanisms that allow cash and commodity-based 
        resources to be effectively combined;
            (4) define clear targets, benchmarks, and indicators of 
        success, including gender analysis, in order to monitor 
        implementation, guarantee accountability, and determine whether 
        beneficiaries achieve increased and sustainable food security;
            (5) employ the full range of diplomatic resources and 
        provide incentives to other countries to meet their obligations 
        to reduce hunger and promote food security; and
            (6) work within a framework of multilateral commitments.
    (c) Comprehensive Strategy to Address Global Hunger and Food 
Security.--
            (1) In general.--Not later than 30 days after the date of 
        the enactment of this Act, the President shall direct the 
        Secretary of State to develop and implement a comprehensive 
        strategy to address global hunger and food security with 
        respect to international programs and policies for--
                    (A) emergency response and management;
                    (B) safety nets, social protection, and disaster 
                risk reduction;
                    (C) nutrition;
                    (D) market-based agriculture, the rehabilitation 
                and expansion of rural agricultural infrastructure, and 
                rural development;
                    (E) agricultural education, research and 
                development, and extension services;
                    (F) government-to-government technical assistance 
                programs;
                    (G) natural resource management, environmentally 
                sound agriculture, and responses to the impact of 
                climate change on agriculture and food production;
                    (H) monitoring and evaluation mechanisms; and
                    (I) provision of adequate and sustained resources, 
                including multiyear funding, to ensure the scale and 
                duration of programs required to carry out the United 
                States commitment to alleviate global hunger and 
                promote food security.
            (2) Coordination with international goals.--In accordance 
        with applicable law, the Secretary of State shall ensure that 
        the comprehensive strategy described in paragraph (1) 
        contributes to achieving the Millennium Development Goal of 
        reducing global hunger by half not later than 2015 and to 
        advancing the United Nations Comprehensive Framework for Action 
        with respect to global hunger and food security, including 
        supporting the United Nations, international agencies, 
        governments, and other relevant organizations and entities in 
        carrying out the Comprehensive Framework for Action.
    (d) Reports.--
            (1) In general.--The Secretary of State shall submit to the 
        President and Congress, not later than March 31, 2010, and 
        annually thereafter for the next 2 years, an annual report on 
        the implementation of the comprehensive strategy to address 
        global hunger and food security required under subsection (c), 
        including an assessment of agency innovations, achievements, 
        and failures to perform, and policy and budget recommendations 
        for changes to agency operations, priorities, and funding.
            (2) GAO.--Not later than 2 years after the date of the 
        enactment of this Act and 2 years thereafter, the Comptroller 
        General of the United States shall submit to Congress a report 
        evaluating the design, implementation, and Federal Government 
        coordination of a comprehensive strategy to address global 
        hunger and food security required on subsection (c).

SEC. 1116. STATEMENT OF CONGRESS ON THE HUMANITARIAN SITUATION IN SRI 
              LANKA.

    Congress makes the following statements:
            (1) the United States welcomes the end to the 26-year 
        conflict in Sri Lanka between the Government of Sri Lanka and 
        the Liberation Tigers of Tamil Eelam;
            (2) a durable and lasting peace will only be achieved 
        through a political solution that addresses the legitimate 
        aspirations of all Sri Lankan communities, including the 
        Tamils;
            (3) the United States eagerly looks forward to the 
        Government of Sri Lanka's putting forward a timely and credible 
        proposal to engage its Tamil community and address the 
        legitimate grievances of its Tamil citizens so that peace and 
        reconciliation can be achieved and sustained;
            (4) the United States supports the international 
        community's call for full and immediate access to humanitarian 
        relief agencies to camps for internally displaced persons, and 
        remains deeply concerned about the plight of the thousands 
        civilians affected by the civil war;
            (5) the United States expects the Government of Sri Lanka 
        to abide by its commitments to allow access for representatives 
        of the responsible international organizations throughout the 
        screening and registration process for internally displaced 
        persons; and
            (6) the United States welcomes the Government of Sri 
        Lanka's commitment to place the camps under civilian control 
        and ensure that such camps meet international humanitarian 
        standards, including the right to freedom of movement, as well 
        as Sri Lanka's pledge to release camp residents, reunite them 
        with separated family members and permit them to return to 
        their homes at the earliest possible opportunity.

SEC. 1117. AUDIT REQUIREMENTS FOR THE INSPECTORS GENERAL OF THE 
              DEPARTMENT OF STATE, THE DEPARTMENT OF DEFENSE, AND THE 
              UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT, AND 
              THE SPECIAL INSPECTOR GENERAL FOR AFGHANISTAN 
              RECONSTRUCTION.

    (a) Audit Requirements.--The Inspectors General of the Department 
of State, the Department of Defense, and the United States Agency for 
International Development, and the Special Inspector General for 
Afghanistan Reconstruction should address, as appropriate, in their 
auditing and assessment protocols for Afghanistan, the impact United 
States development assistance has on the social, economic, and 
political empowerment of Afghan women, including the extent to which 
such assistance helps to carry out the following:
            (1) Section 103(a)(7) of the Afghan Freedom Support Act 
        (Public Law 107-327).
            (2) The goal expressed in section 102(4) of the Afghan 
        Freedom Support Act (Public Law 107-327) to ``help achieve a 
        broad-based, multi-ethnic, gender-sensitive, and fully 
        representative government in Afghanistan that is freely chosen 
        by the people of Afghanistan and that respects the human rights 
        of all Afghans, particularly women.''.
    (b) Report.--Not later than 1 year after the date of the enactment 
of this Act, the Inspectors General of the Department of State, the 
Department of Defense, and the United States Agency for International 
Development, and the Special Inspector General for Afghanistan 
Reconstruction shall submit to Congress a report on the implementation 
of this section.

SEC. 1118. GLOBAL CLEAN ENERGY EXCHANGE PROGRAM.

    (a) Program Establishment.--The Secretary of State is authorized to 
establish a program to strengthen research, educational exchange, and 
international cooperation with the aim of promoting the development and 
deployment of clean and efficient energy technologies in order to 
reduce global greenhouse gas emissions, address issues of energy 
poverty in developing countries, and extend the reach of United States 
technologies and ingenuity that would be beneficial to developing 
countries. The program authorized under this subsection shall be 
carried out pursuant to the authorities of the Mutual Educational and 
Cultural Exchange Act of 1961 (22 U.S.C. 2451 et seq.) and may be 
referred to as the ``Global Clean Energy Exchange Program''.
    (b) Definitions.--In this section:
            (1) Clean and efficient energy technology.--The term 
        ``clean and efficient energy technology'' means an energy 
        supply or end-use technology--
                    (A) such as--
                            (i) solar technology;
                            (ii) wind technology;
                            (iii) geothermal technology;
                            (iv) hydroelectric technology
                            (v) alternative fuels; and
                            (vi) carbon capture technology; and
                    (B) that, over its life cycle and compared to a 
                similar technology already in commercial use--
                            (i) is reliable, affordable, economically 
                        viable, socially acceptable, and compatible 
                        with the needs and norms of the country 
                        involved;
                            (ii) results in--
                                    (I) reduced emissions of greenhouse 
                                gases; or
                                    (II) increased geological 
                                sequestration; and
                            (iii) may--
                                    (I) substantially lower emissions 
                                of air pollutants; or
                                    (II) generate substantially smaller 
                                or less hazardous quantities of solid 
                                or liquid waste.
            (2) Geological sequestration.--The term ``geological 
        sequestration'' means the capture and long-term storage in a 
        geological formation of a greenhouse gas from an energy 
        producing facility, which prevents the release of greenhouse 
        gases into the atmosphere.
            (3) Greenhouse gas.--The term ``greenhouse gas'' means--
                    (A) carbon dioxide;
                    (B) methane;
                    (C) nitrous oxide;
                    (D) hydrofluorocarbons;
                    (E) perfluorocarbons;
                    (F) sulfur hexafluoride; or
                    (G) nitrogen trifluoride.
    (c) Elements.--The program authorized under subsection (a) shall 
contain the following elements:
            (1) The financing of studies, research, instruction, and 
        other educational activities dedicated to developing clean and 
        efficient energy technologies--
                    (A) by or to United States citizens and nationals 
                in foreign universities, governments, organizations, 
                companies, or other institutions; and
                    (B) by or to citizens and nationals of foreign 
                countries in United States universities, governments, 
                organizations, companies, or other institutions.
            (2) The financing of visits and exchanges between the 
        United States and other countries of students, trainees, 
        teachers, instructors, professors, researchers, entrepreneurs, 
        and other persons who study, teach, and conduct research in 
        subjects such as the physical sciences, environmental science, 
        public policy, economics, urban planning, and other subjects 
        and focus on developing and commercially deploying clean and 
        efficient energy technologies.
    (d) Access.--The Secretary of State shall ensure that the program 
authorized under subsection (a) is available to--
            (1) historically Black colleges and universities that are 
        part B institutions (as such term is defined in section 322(2) 
        of the Higher Education Act of 1965 (20 U.S.C. 1061(2))), 
        Hispanic-serving institutions (as such term is defined in 
        section 502(5) of such Act (20 U.S.C. 1101a(5))), Tribal 
        Colleges or Universities (as such term is defined in section 
        316 of such Act (20 U.S.C. 1059c)), and other minority 
        institutions (as such term is defined in section 365(3) of such 
        Act (20 U.S.C. 1067k(3))), and to the students, faculty, and 
        researchers at such colleges, universities, and institutions; 
        and
            (2) small business concerns owned and controlled by 
        socially and economically disadvantaged individuals, small 
        business concerns owned and controlled by women, and small 
        business concerns owned and controlled by veterans (as such 
        terms are defined in section 8(d)(3) of the Small Business Act 
        (15 U.S.C. 637(d)(3))).

SEC. 1119. ALIEN REPATRIATION.

    Section 243(d) of the Immigration and Nationality Act (8 U.S.C. 
1253(d)) is amended to read as follows:
    ``(d) Ensuring Return of Removed Aliens.--
            ``(1) Discontinuing granting visas to nationals of 
        countries denying or delaying accepting alien.--On being 
        notified by the Secretary of Homeland Security that the 
        government of a foreign country denies or unreasonably delays 
        accepting an alien who is a citizen, subject, national, or 
        resident of that country after the Secretary of Homeland 
        Security asks whether the government will accept the alien 
        under this section, the Secretary of State shall order consular 
        officers in that foreign country to discontinue granting 
        immigrant visas or nonimmigrant visas, or both, to citizens, 
        subjects, nationals, and residents of that country until the 
        Secretary of Homeland Security notifies the Secretary of State 
        that the country has accepted the alien.
            ``(2) Denying admission to foreign government officials of 
        countries denying alien return.--If the Secretary of Homeland 
        Security determines that the government of a foreign country 
        denies or unreasonably delays accepting an alien who is a 
        citizen, subject, national, or resident of that country after 
        the alien has been ordered removed, the Secretary of Homeland 
        Security, in consultation with the Secretary of State, may deny 
        admission to any citizen, subject, national, or resident of 
        that country who is seeking or has received a nonimmigrant visa 
        pursuant to subparagraphs (A) and (G) of section 101(a)(15).
            ``(3) Quarterly reports.--Not later than 90 days after the 
        date of the enactment of the Foreign Relations Authorization 
        Act, Fiscal Years 2010 and 2011, and every 3 months thereafter, 
        the Secretary of Homeland Security shall submit to the Congress 
        a report that--
                    ``(A) lists all the countries which refuse or 
                unreasonably delay repatriation; and
                    ``(B) includes the total number of aliens who were 
                refused repatriation, disaggregated by--
                            ``(i) country;
                            ``(ii) detention status; and
                            ``(iii) criminal status.''.

SEC. 1120. COMPREHENSIVE INTERAGENCY STRATEGY AND IMPLEMENTATION PLAN 
              FOR SUDAN.

    (a) Strategy and Plan.--Not later than 60 days after the date of 
the enactment of this Act, the President shall develop and transmit to 
the appropriate congressional committees a comprehensive interagency 
strategy and implementation plan, which may include a classified annex, 
to address the ongoing and inter-related crises in Sudan and advance 
United States national security and humanitarian interests in Sudan, 
which shall include the elements specified in subsection (c).
    (b) Elements.--The comprehensive interagency strategy and 
implementation plan required under subsection (b) shall contain at 
least the following elements:
            (1) Consistent with section 1127, a description of a 
        comprehensive policy toward Sudan which balances United States 
        interests in--
                    (A) resolving the conflict in Darfur;
                    (B) implementing the Comprehensive Peace Agreement 
                (CPA) and promoting peace and stability in Southern 
                Sudan;
                    (C) resolving long-standing conflicts in Abyei, 
                Blue Nile, and Southern Kordofan;
                    (D) advancing respect for democracy, human rights, 
                and religious freedom throughout the country;
                    (E) addressing internal and regional security; and
                    (F) combating Islamist extremism.
            (2) Progress toward achieving the policy objectives 
        specified in paragraph (1), including--
                    (A) facilitating the full deployment and freedom of 
                movement of the hybrid United Nations-African Union 
                Mission in Darfur;
                    (B) ensuring access and security for humanitarian 
                organizations throughout the country including, as 
                appropriate, those organizations that wrongfully have 
                been expelled by the Sudanese regime;
                    (C) promoting reconciliation within and among 
                disparate groups;
                    (D) advancing regional security and cooperation 
                while eliminating cross-border support for armed 
                insurgents;
                    (E) meeting the CPA benchmarks, including 
                preparations for the conduct of national elections and 
                referendum; and
                    (F) shutting down safe-havens for extremists who 
                pose a threat to the national security of the United 
                States and its allies.
            (3) A description of how United States assistance will be 
        used to achieve the objectives of United States policy toward 
        Sudan, including a financial plan and description of resources, 
        programming, and management of United States foreign assistance 
        to Sudan and the criteria used to determine their 
        prioritization.
            (4) An evaluation and description of additional measures 
        that will be taken to advance United States policy, which may 
        range from--
                    (A) application of multilateral sanctions by the 
                United Nations or regional allies, or expansion of 
                existing United States sanctions;
                    (B) imposition of a no-fly zone or other coercive 
                measures; or
                    (C) rapprochement with the Sudanese regime or other 
                diplomatic measures.
            (5) A complete description of both the evaluation process 
        for reviewing and adjusting the strategy and implementation as 
        necessary, and measures of effectiveness for the implementation 
        of the strategy.
    (c) Updates of Strategy.--The President shall transmit in writing 
to the appropriate congressional committees any updates of the 
comprehensive interagency strategy and implementation plan required 
under subsection (b), as necessary.

SEC. 1120A. STATEMENT OF POLICY REGARDING CLIMATE CHANGE.

    To protect American jobs, spur economic growth and promote a 
``Green Economy'', it shall be the policy of the United States that, 
with respect to the United Nations Framework Convention on Climate 
Change, the President, the Secretary of State and the Permanent 
Representative of the United States to the United Nations should 
prevent any weakening of, and ensure robust compliance with and 
enforcement of, existing international legal requirements as of the 
date of the enactment of this Act for the protection of intellectual 
property rights related to energy or environmental technology, 
including wind, solar, biomass, geothermal, hydro, landfill gas, 
natural gas, marine, trash combustion, fuel cell, hydrogen, micro-
turbine, nuclear, clean coal, electric battery, alternative fuel, 
alternative refueling infrastructure, advanced vehicle, electric grid, 
or energy efficiency-related technologies.

                Subtitle B--Sense of Congress Provisions

SEC. 1121. PROMOTING DEMOCRACY AND HUMAN RIGHTS IN BELARUS.

    (a) Findings.--Congress finds the following:
            (1) Despite some modest improvements, notably the release 
        of political prisoners, the Belarusian Government's human 
        rights and democracy record remains poor as governmental 
        authorities continue to commit frequent serious abuses.
            (2) Since 1996, President Alexander Lukashenka has 
        consolidated his power over all institutions and undermined the 
        rule of law through authoritarian means.
            (3) Belarus restricts civil liberties, including freedoms 
        of press, speech, assembly, association, and religion. 
        Nongovernmental organizations and political parties are subject 
        to harassment, fines, prosecution, and closure. The Belarusian 
        Government maintains a virtual monopoly over the country's 
        information space.
    (b) Policy.--It is the policy of the United States to--
            (1) support the aspirations of the people of Belarus for 
        democracy, human rights, and the rule of law;
            (2) support the aspirations of the people of Belarus to 
        preserve the independence and sovereignty of their country;
            (3) seek and support the growth of democratic movements and 
        institutions in Belarus as well the development of a democratic 
        political culture and civil society;
            (4) seek and support the growth of an open market economy 
        in Belarus through the development of entrepreneurship and 
        protection of property rights; and
            (5) remain open to re-evaluating United States policy 
        toward Belarus, including existing sanctions, as warranted by 
        demonstrable democratic and human rights progress made by the 
        Belarusian Government.
    (c) Sense of Congress.--It is the sense of Congress that--
            (1) the United States should furnish assistance to Belarus 
        to the support democratic processes in that country, 
        including--
                    (A) expanding and facilitating the development of 
                independent print, radio, television, and internet 
                broadcasting to and within Belarus;
                    (B) aiding the development of civil society through 
                assistance to nongovernmental organizations promoting 
                democracy and supporting human rights, including youth 
                groups, entrepreneurs, and independent trade unions;
                    (C) supporting the work of human rights defenders;
                    (D) enhancing the development of democratic 
                political parties;
                    (E) assisting the promotion of free, fair, and 
                transparent electoral processes;
                    (F) enhancing international exchanges, including 
                youth and student exchanges, as well as advanced 
                professional training programs for leaders and members 
                of the democratic forces in skill areas central to the 
                development of civil society; and
                    (G) supporting educational initiatives such as the 
                European Humanities University, a Belarusian university 
                in exile based in Vilnius, Lithuania; and
            (2) the United States should support radio, television, and 
        internet broadcasting to the people of Belarus in languages 
        spoken in Belarus, including broadcasting by Radio Free Europe/
        Radio Liberty, European Radio for Belarus, and Belsat.

SEC. 1122. SENSE OF CONGRESS RELATING TO SOVIET NUCLEAR TESTS AND 
              KAZAKHSTAN'S COMMITMENT TO NONPROLIFERATION.

    (a) Findings.--Congress finds the following:
            (1) In 1991, immediately after achieving independence, 
        Kazakhstan closed and sealed the world's second largest nuclear 
        test site in Semipalatinsk which had been inherited from the 
        former Soviet Union and at which more than 500 nuclear tests 
        had been conducted from 1949 to 1991.
            (2) The cumulative power of explosions from those tests, 
        conducted above ground, on the ground, and underground is 
        believed to be equal to the power of 20,000 explosions of the 
        type of bomb dropped on Hiroshima, Japan, in 1945.
            (3) More than 1,500,000 people in Kazakhstan suffered 
        because of decades of Soviet nuclear weapons testing in the 
        region.
            (4) A horrifying array of disease will continue to destroy 
        the lives of hundreds of thousands and their descendants for 
        many generations to come as a result of these tests.
            (5) Since its independence, Kazakhstan has constructed a 
        stable and peaceful state, voluntarily disarmed the world's 
        fourth largest nuclear arsenal, joined the Strategic Arms 
        Reduction Treaty (START), and within the frameworks of the 
        Cooperative Threat Reduction program the government of 
        Kazakhstan, in cooperation with the United States Government, 
        conducted a very successful secret operation, code-named 
        Project Sapphire, as a result of which 581 kilograms (1,278 
        pounds) of highly enriched uranium enough to produce 20-25 
        nuclear warheads were removed from Kazakhstan.
            (6) Because of the successful cooperation between the 
        Governments of the United States and Kazakhstan, the last 
        lethal weapon was removed from Kazakhstan in April 1995.
            (7) Kazakhstan, allegiant to its commitment to 
        nonproliferation, in December 2004 signed with the United 
        States an amendment to the bilateral agreement on the 
        nonproliferation of weapons of mass destruction which will move 
        the two nations towards a new level of cooperation in 
        preventing the threat of bio-terrorism.
            (8) By its actions, Kazakhstan has proven itself not only 
        as a universally recognized leader and one of the key members 
        in the nonproliferation process, but also as a reliable and 
        consistent ally of the United States in reducing nuclear 
        threats and preventing lethal weapons from being acquired by 
        terrorist organizations such as Al-Qaeda.
            (9) Recently Kazakhstan has also offered to host an 
        international nuclear fuel bank where low-enriched uranium 
        would be stored in accordance with the highest international 
        standards for safety, security, and safeguards.
            (10) The Norwegian Defence Research Establishment is also 
        working with Kazakhstan to strengthen nuclear security and 
        nonproliferation.
    (b) Sense of Congress.--It is the sense of Congress that--
            (1) the people of Kazakhstan and its Government should be 
        congratulated for their commitment to nonproliferation and 
        their leadership in offering to host an international nuclear 
        fuel bank; and
            (2) the Secretary of State should work to establish a joint 
        working group with the Governments of Kazakhstan and Norway to 
        explore common challenges and opportunities on disarmament and 
        non-proliferation, and to assist in assessing the environmental 
        damage and health effects caused by Soviet nuclear testing in 
        Semipalatinsk.

SEC. 1123. 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 must return looted and confiscated properties 
        to their rightful owners or, where restitution is not possible, 
        pay equitable compensation, in accordance with principles of 
        justice and in an expeditious manner that is transparent and 
        fair;
            (2) countries in Central and Eastern Europe must enact and 
        implement appropriate restitution and compensation legislation 
        to facilitate private, communal, and religious property 
        restitution; and
            (3) countries in Central and Eastern Europe must ensure 
        that such restitution and compensation legislation establishes 
        a simple, transparent, and timely process, so that such process 
        results in a real benefit to those individuals who suffered 
        from the unjust confiscation of their property.

SEC. 1124. EFFORTS TO SECURE THE FREEDOM OF GILAD SHALIT.

    It is the sense of Congress that Israeli soldier Gilad Shalit, who 
has been held captive continuously since his illegal abduction by Gazan 
kidnappers in 2006, should be safely released at the earliest possible 
time and that, pending his release, the International Committee of the 
Red Cross should be granted full access to him, in accordance with 
international law and civilized values.

SEC. 1125. SENSE OF CONGRESS RELATING TO SUDAN.

    It is the sense of Congress that--
            (1) the United States should support efforts to find a 
        stable and lasting peace in Sudan in the wake of a devastating 
        conflict that led to a major humanitarian disaster and caused 
        the deaths of hundreds of thousands, and continues to cause 
        violence in Darfur and throughout Sudan;
            (2) to achieve that peace, all parties must agree to uphold 
        the Comprehensive Peace Agreement (CPA);
            (3) international partners should aim to widen acceptance 
        of the Darfur Peace Agreement by all stakeholders;
            (4) the United States should support efforts to prepare for 
        the national elections and for the referendum;
            (5) the United States should support efforts to develop a 
        coordinated international strategy to support the rebuilding of 
        Sudan, with a particular focus on key CPA benchmarks including 
        policy toward the Three Areas, transitional justice, which 
        would include prosecuting perpetrators of war crimes, oil 
        revenue sharing, the census, the return of displaced Darfuris 
        and other peoples to their homeland, and management of the 
        armed forces; and
            (6) United States policy toward Darfur should be fully 
        integrated with United States policy toward the CPA, as full 
        and lasting resolution to the Darfur crisis hinges on the 
        resolution of a common set of national problems.

SEC. 1126. SENSE OF CONGRESS ON RESTRICTIONS ON 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.

SEC. 1127. SENSE OF CONGRESS RELATING TO THE MURDER OF UNITED STATES 
              AIR FORCE RESERVE MAJOR KARL D. HOERIG AND THE NEED FOR 
              PROMPT JUSTICE IN STATE OF OHIO V. CLAUDIA C. HOERIG.

    (a) Findings.--Congress finds the following:
            (1) United States Air Force Reserve Major Karl D. Hoerig of 
        Newton Falls, Ohio, was a United States citizen and soldier who 
        admirably served his country for over 25 years and flew over 
        200 combat missions.
            (2) The State of Ohio has charged Claudia C. Hoerig with 
        aggravated murder in the case of State of Ohio v. Claudia C. 
        Hoerig.
            (3) The State of Ohio charges that Claudia C. Hoerig, Karl 
        D. Hoerig's wife, allegedly purchased a .357 five-shot 
        revolver, practiced shooting the weapon, and then shot Karl D. 
        Hoerig three times, which led to his death on March 12, 2007.
            (4) Claudia C. Hoerig fled to Brazil, and claims she is 
        both a citizen of the United States and Brazil.
            (5) Brazil's constitution forbids extradition of its 
        nationals, but the United States and Brazil recognize and 
        uphold a Treaty of Extradition signed in 1964.
            (6) Law enforcement officials are vigorously pursuing State 
        of Ohio v. Claudia C. Hoerig, the charge of aggravated murder 
        is internationally recognized, and the punishment, which is not 
        capital punishment, is internationally respected.
    (b) Sense of Congress.--It is the sense of Congress that--
            (1) the alleged aggravated murder of United States Air 
        Force Reserve Major Karl D. Hoerig is deserving of justice, and 
        his family and friends deserve closure regarding the murder of 
        their loved one;
            (2) the United States Government should, as a priority 
        matter, work with prosecutors in the State of Ohio, as well as 
        facilitate cooperation with the Government of Brazil, in order 
        to obtain justice in this tragic case; and
            (3) a resolution of the case of State of Ohio v. Claudia 
        Hoerig is important to maintain the traditionally close 
        cooperation and friendship between the United States and 
        Brazil.

SEC. 1128. SENSE OF CONGRESS REGARDING PENSION PAYMENTS OWED BY THE 
              STATES OF THE FORMER SOVIET UNION.

    It is the sense of Congress that the United States should continue 
working with the states of the former Soviet Union to come to an 
agreement whereby each state of the former Soviet Union would pay the 
tens of thousands of beneficiaries who have immigrated to the United 
States the pensions for which they are eligible and entitled.

SEC. 1129. SENSE OF CONGRESS RELATING TO ISRAEL'S RIGHT TO SELF-
              DEFENSE.

    It is the sense of Congress that Israel has the inalienable right 
to defend itself in the face of an imminent nuclear or military threat 
from Iran, terrorist organizations, and the countries that harbor them.

SEC. 1130. INTERNATIONAL PREVENTION AND ELIMINATION OF CHILD SOLDIERS.

    It is the sense of Congress that--
            (1) the use of child soldiers is unacceptable;
            (2) the use of child soldiers is a violation of human 
        rights and the prevention and elimination of child soldiers 
        should be a foreign policy goal of the United States;
            (3) the use of child soldiers promotes killing and maiming, 
        sexual violence, abductions, destabilization, and displacement;
            (4) investing in the health, education, well being, and 
        safety of children, and providing economic opportunity and 
        vocational training for at-risk youth, is critical to achieving 
        the goals of the United Nations Convention of the Rights of 
        Children; and
            (5) countries should raise to 18 years of age the minimum 
        age for the voluntary recruitment of persons into their 
        national armed forces.

                     DIVISION B--PEACE ACT OF 2009

SEC. 1. SHORT TITLE AND TABLE OF CONTENTS.

    (a) Short Title.--This division may be cited as the ``Pakistan 
Enduring Assistance and Cooperation Enhancement Act of 2009'' or the 
``PEACE Act of 2009''.
    (b) Table of Contents.--The table of contents of this division is 
as follows:

Sec. 1. Short title and table of contents.
Sec. 2. Definitions.
Sec. 3. Findings.
Sec. 4. Declaration of principles.
 TITLE I--DEMOCRATIC, ECONOMIC, AND SOCIAL DEVELOPMENT ASSISTANCE FOR 
                                PAKISTAN

Sec. 101. Purposes of assistance.
Sec. 102. Authorization of assistance.
Sec. 103. Multilateral support for Pakistan.
Sec. 104. Pakistan Democracy and Prosperity Fund.
Sec. 105. Authorization of appropriations.
               TITLE II--SECURITY ASSISTANCE FOR PAKISTAN

Sec. 201. Sense of Congress.
Sec. 202. Purposes of assistance.
Sec. 203. Authorization of assistance.
Sec. 204. Pakistan Counterinsurgency Capability Fund.
Sec. 205. Exchange program between military and civilian personnel of 
                            Pakistan and certain other countries.
Sec. 206. Limitation on United States military assistance to Pakistan.
Sec. 207. Authorization of appropriations.
                  TITLE III--MISCELLANEOUS PROVISIONS

Sec. 301. Comprehensive regional security strategy.
Sec. 302. Monitoring and evaluation of assistance.
Sec. 303. Auditing.
Sec. 304. Requirements for civilian control of United States assistance 
                            for Pakistan.
Sec. 305. Sense of Congress.
Sec. 306. Reports.
Sec. 307. Sunset.
  TITLE IV--DUTY-FREE TREATMENT FOR CERTAIN GOODS FROM RECONSTRUCTION 
             OPPORTUNITY ZONES IN AFGHANISTAN AND PAKISTAN

Sec. 401. Short title.
Sec. 402. Definitions; Purposes.
Sec. 403. Designation of Reconstruction Opportunity Zones.
Sec. 404. Duty-free treatment for certain nontextile and nonapparel 
                            articles.
Sec. 405. Duty-free treatment for certain textile and apparel articles.
Sec. 406. Protections against unlawful transshipment.
Sec. 407. Technical assistance, capacity building, compliance 
                            assessment, and remediation program.
Sec. 408. Petition process.
Sec. 409. Limitations on providing duty-free treatment.
Sec. 410. Termination of benefits.
Sec. 411. Customs user fees.

SEC. 2. DEFINITIONS.

    In this division:
            (1) Appropriate congressional committees.--Except as 
        otherwise provided in this division, the term ``appropriate 
        congressional committees'' means the Committees on 
        Appropriations and Foreign Affairs of the House of 
        Representatives and the Committees on Appropriations and 
        Foreign Relations of the Senate.
            (2) Counterinsurgency.--The term ``counterinsurgency'' 
        means efforts to defeat organized movements that seek to 
        overthrow the duly constituted Governments of Pakistan and 
        Afghanistan through the use of subversion and armed conflict.
            (3) Counterterrorism.--The term ``counterterrorism'' means 
        efforts to combat--
                    (A) al Qaeda; and
                    (B) other terrorist organizations, as such term is 
                defined in section 212(a)(3)(B)(vi) of the Immigration 
                and Nationality Act (8 U.S.C. 1182(a)(3)(B)(vi)).
            (4) FATA.--The term ``FATA'' means the Federally 
        Administered Tribal Areas of Pakistan.
            (5) FCR.--The term ``FCR'' means the Frontier Crimes 
        Regulation, codified under British law in 1901, and applicable 
        to the FATA.
            (6) NWFP.--The term ``NWFP'' means the North West Frontier 
        Province of Pakistan, which has Peshawar as its provincial 
        capital.

SEC. 3. FINDINGS.

    Congress finds the following:
            (1) The Islamic Republic of Pakistan has been a critical 
        ally of the United States for more than 4 decades.
            (2) With the free and fair election of February 18, 2008, 
        Pakistan returned to civilian rule after almost 9 years under a 
        military dictatorship.
            (3) After the September 11, 2001, terrorist attacks against 
        the United States, Pakistan chose to partner with the United 
        States in the fight against al Qaeda, the Taliban, and other 
        extremist and terrorist groups.
            (4) Since 2001, the United States has contributed more than 
        $12,000,000,000 to Pakistan to strengthen Pakistan's 
        governance, economy, education system, healthcare services, and 
        military, so as to bring freedom and opportunities to the 
        people of Pakistan while helping to combat terrorism and to 
        counter a domestic insurgency.
            (5) The United States requires a balanced, integrated, 
        countrywide strategy that provides assistance throughout 
        Pakistan and does not disproportionately focus on military 
        assistance or one particular area or province.
            (6) Despite killing or capturing hundreds of al Qaeda 
        operatives and other terrorists--including major al Qaeda 
        leaders, such as Khalid Sheikh Muhammad, Ramzi bin al-Shibh, 
        and Abu Faraj al-Libi--Pakistan's FATA, parts of the NWFP, 
        Quetta in Balochistan, and Muridke in Punjab remain a sanctuary 
        for al Qaeda, the Afghan Taliban, and affiliated groups from 
        which these groups organize terrorist actions against Pakistan 
        and other countries.
            (7) Pakistan's security forces have recently begun taking 
        concerted action against those who threaten Pakistan's security 
        and stability, with military operations in the Bajour agency in 
        the FATA and in the Swat, Buner, and Dir districts in the NWFP.
            (8) The displacement of over 1,000,000 Pakistanis poses a 
        grave humanitarian crisis and requires the immediate attention 
        of the United Nations, and the strong support of donor nations, 
        to provide food, water, shelter, medicine, sanitation and other 
        emergency services and supplies to the displaced, along with 
        longer-term development assistance.   The humanitarian crisis 
        highlights the need for Pakistan to develop an effective 
        national counterinsurgency strategy, in order to mitigate such 
        displacement.

SEC. 4. DECLARATION OF PRINCIPLES.

    Congress declares that the relationship between the United States 
and Pakistan should be based on the following principles:
            (1) Pakistan is a critical friend and ally to the United 
        States, both in times of strife and in times of peace, and the 
        two countries share many common goals, including combating 
        terrorism and violent radicalism, solidifying democracy and 
        rule of law in Pakistan, and promoting the social and material 
        well-being of the people of Pakistan.
            (2) United States assistance to Pakistan is intended to 
        supplement, not supplant, Pakistan's own efforts in building a 
        stable, secure, and prosperous Pakistan, and United States 
        assistance will be wholly ineffective without Pakistan's own 
        serious efforts to improve the health, education, and living 
        standards of its population, including maintaining or 
        increasing the financial resources devoted to such efforts.
            (3) The United States supports Pakistan's struggle against 
        extremist elements and recognizes the profound sacrifice made 
        by Pakistan in the fight against terrorism, including the loss 
        of more than 1,600 soldiers since 2001 in combat with al Qaeda, 
        the Taliban, and other extremist and terrorist groups.
            (4) The United States intends to work with the Government 
        of Pakistan--
                    (A) to build mutual trust and confidence by 
                actively and consistently pursuing a sustained, long-
                term, multifaceted relationship between the two 
                countries, devoted to strengthening the mutual 
                security, stability, and prosperity of both countries;
                    (B) to support the people of Pakistan and their 
                democratic government in their efforts to consolidate 
                democracy, through strengthening Pakistan's parliament, 
                helping Pakistan reestablish an independent and 
                transparent judicial system, and working to extend the 
                rule of law in all areas in Pakistan;
                    (C) to promote long-term development and 
                infrastructure projects, including in healthcare, water 
                management, and energy programs, in all areas of 
                Pakistan, that are sustained and supported by each 
                successive democratic government in Pakistan;
                    (D) to encourage sustainable economic development 
                in Pakistan and the integration of Pakistan into the 
                global economy in order to improve the living 
                conditions of the people of Pakistan;
                    (E) to ensure that the people of Pakistan, 
                including those living in areas governed by the FCR, 
                have access to public, modernized education and 
                vocational training to enable them to provide for 
                themselves, for their families, and for a more 
                prosperous future for their children;
                    (F) to expand people-to-people engagement between 
                the two countries, through increased educational, 
                technical, and cultural exchanges and other methods;
                    (G) to ensure transparency of and provide effective 
                accountability for all United States assistance and 
                reimbursements provided to Pakistan;
                    (H) to take steps to improve Pakistan's 
                counterterrorism financing and anti-money laundering 
                laws to comply with international standards, to include 
                applying for ``Financial Action Task Force'' observer 
                status and adhering to the United Nations International 
                Convention for the Suppression of the Financing of 
                Terrorism;
                    (I) to establish a counterinsurgency and 
                counterterrorism strategy to prevent any territory of 
                Pakistan from being used as a base or conduit for 
                terrorist attacks in Pakistan, or elsewhere, and ensure 
                that madrasas in Pakistan are not used to incite 
                terrorism;
                    (J) to ensure that Pakistan has strong and 
                effective law enforcement and national defense forces, 
                under civilian leadership, with sufficient and 
                appropriate security equipment and training to 
                effectively defend Pakistan against internal and 
                external threats;
                    (K) to ensure access of United States investigators 
                to individuals suspected of engaging in worldwide 
                proliferation of nuclear materials, as necessary, and 
                restrict such individuals from travel or any other 
                activity that could result in further proliferation;
                    (L) to help Pakistan meet its commitment to not 
                support any person or group that conducts violence, 
                sabotage, or other activities meant to instill fear or 
                terror in Pakistan's neighboring countries; and
                    (M) to help Pakistan gain control of its under-
                governed areas and stop any support, direction, 
                guidance to, or acquiescence in the activities of, any 
                person or group that engages in acts of violence or 
                intimidation against civilians, civilian groups, or 
                governmental entities.

 TITLE I--DEMOCRATIC, ECONOMIC, AND SOCIAL DEVELOPMENT ASSISTANCE FOR 
                                PAKISTAN

SEC. 101. PURPOSES OF ASSISTANCE.

    The purposes of assistance under this title are--
            (1) to demonstrate unequivocally the long-term commitment 
        of the United States to the people of Pakistan and Pakistan's 
        democratic institutions;
            (2) to support the consolidation of democracy, good 
        governance, and the rule of law in Pakistan;
            (3) to help build the capacity of law enforcement forces in 
        Pakistan to combat terrorism and violent militancy and 
        expeditiously investigate, arrest, and prosecute alleged 
        criminals, consistent with the rule of law and due process;
            (4) to further the sustainable and effective economic and 
        social development of Pakistan and the improvement of the 
        living conditions of the people of Pakistan, especially in 
        areas of direct interest and importance to their daily lives;
            (5) to strengthen regional ties between Pakistan and its 
        neighbors by offering concrete nonmilitary assistance for 
        issues of mutual economic and social concern;
            (6) to strengthen Pakistan's public education system, 
        increase literacy, expand opportunities for vocational 
        training, and help create an appropriate national curriculum 
        for all schools in Pakistan;
            (7) to expand people-to-people engagement between the 
        United States and Pakistan, through increased educational, 
        technical, and cultural exchanges and other methods;
            (8) to strengthen respect for internationally recognized 
        human rights in efforts to stabilize the security environment 
        in Pakistan; and
            (9) to promote the rights and empowerment of women and 
        girls in Pakistan, including efforts to increase access to 
        basic healthcare services to address Pakistan's high maternal 
        mortality rate and to increase girls' and women's access to 
        education.

SEC. 102. AUTHORIZATION OF ASSISTANCE.

    (a) In General.--To carry out the purposes of section 101, the 
President is authorized to provide assistance for Pakistan to support 
the activities described in subsection (b).
    (b) Activities Supported.--Activities that may be supported by 
assistance under subsection (a) include the following:
            (1) Fortifying democratic institutions.--To support, 
        notwithstanding any other provision of law, democratic 
        institutions in Pakistan in order to strengthen civilian rule 
        and long-term stability, including assistance such as--
                    (A) support for efforts to strengthen the National 
                Parliament of Pakistan, including--
                            (i) assistance to parliamentary committees 
                        to enhance the capacity to conduct public 
                        hearings and oversee government activities, 
                        including national security issues and the 
                        military budget, to solicit input on key public 
                        policy issues, and to oversee the conduct of 
                        elections;
                            (ii) support for the establishment of 
                        constituency offices and otherwise promote the 
                        responsibility of members of parliament to 
                        respond to constituents; and
                            (iii) strengthening of the role of 
                        parliamentary leadership;
                    (B) support for voter education and civil society 
                training, including training with grassroots 
                organizations to enhance the capacity of the 
                organizations to advocate for the development of public 
                policy;
                    (C) support for political parties, including 
                increasing their capacity and protecting their right to 
                carry out political activities without restriction 
                (other than reasonable administrative requirements 
                commonly applied in democratic countries) and fostering 
                the responsiveness of such parties to the needs of the 
                people of Pakistan;
                    (D) support for strengthening the capacity of the 
                civilian Government of Pakistan to carry out its 
                responsibilities, including supporting the 
                establishment of frameworks that promote government 
                transparency and criminalize corruption in both the 
                government and private sector, audit offices, 
                inspectors general offices, third-party monitoring of 
                government procurement processes, whistle-blower 
                protections, and anti-corruption agencies; and
                    (E) in particular, support for efforts by the 
                Government of Pakistan to promote governance reforms in 
                the FATA, including--
                            (i) extension of the Political Parties Act;
                            (ii) local experimentation with methods to 
                        transition from the FCR; and
                            (iii) long-term development of durable and 
                        responsive political institutions.
            (2) Enhancement and strengthening of the judicial system 
        and law enforcement.--To support, notwithstanding any other 
        provision of law, Pakistan's efforts to expand the rule of law 
        and build the capacity, transparency, and trust in government 
        institutions, at the national, provincial, and local levels, 
        including assistance such as--
                    (A) support for the rule of law and systemic 
                improvement of judicial and criminal justice 
                institutions, including--
                            (i) management of courts;
                            (ii) enhanced career opportunities and 
                        professional training for judges, public 
                        defenders, and prosecutors; and
                            (iii) efforts to enhance the rule of law to 
                        all areas in Pakistan where the writ of the 
                        government is under heightened challenge by 
                        terrorists and militants, including through 
                        innovations in the delivery of judicial 
                        services that enhance the legitimacy of state 
                        institutions;
                    (B) support for professionalization of the police, 
                including--
                            (i) training regarding use of force;
                            (ii) education and training regarding human 
                        rights;
                            (iii) training regarding evidence 
                        preservation and chain of custody; and
                            (iv) training regarding community policing;
                    (C) support for independent law enforcement 
                agencies, such as the Intelligence Bureau of the 
                Ministry of Interior, responsive to civilian control, 
                including--
                            (i) enhanced coordination with judicial 
                        processes;
                            (ii) enhancement of forensics capabilities;
                            (iii) data collection and analyses;
                            (iv) case tracking and management;
                            (v) financial intelligence functions; and
                            (vi) maintenance of data systems to track 
                        terrorist of criminal activity; and
                    (D) strengthening the capacity of the police and 
                other civilian law enforcement agencies to provide a 
                robust response to threats from extremists and 
                terrorists along the frontier and elsewhere in 
                Pakistan, including--
                            (i) the development of an elite rapid 
                        reaction force which could be deployed on short 
                        notice to secure areas that are threatened by 
                        militancy; and
                            (ii) facilitating improved counterterrorism 
                        and counterinsurgency coordination between 
                        local government officials, the police, 
                        paramilitary, and military leaders.
            (3) Support for broad-based and sustainable economic 
        development.--To support economic development in Pakistan by--
                    (A) promoting energy sector reform and development;
                    (B) expanding assistance for agricultural and rural 
                development, including farm-to-market roads, systems to 
                prevent spoilage and waste, and other small-scale 
                infrastructure improvements that will enhance supply 
                and distribution networks;
                    (C) increasing employment opportunities, including 
                support to small and medium enterprises, microfinance 
                and microenterprise activities, and in particular 
                programs to improve the lives of women and girls;
                    (D) preventing youth from turning to extremism and 
                militancy, and promoting the renunciation of such 
                tactics and extremist ideologies, by providing 
                economic, social, educational, and vocational 
                opportunities and life-skills training to at-risk 
                youth; and
                    (E) increasing investment in infrastructure, 
                including construction of roads, water resource 
                management systems, irrigation channels, and continued 
                development of a national aviation industry and 
                aviation infrastructure.
            (4) Support to increase local capacity.--To increase the 
        capacity and improve the sustainability of Pakistan's national, 
        provincial, and local governmental and nongovernmental 
        institutions, including assistance to--
                    (A) increase and improve the capacity of Pakistan's 
                national, provincial, and local governmental 
                institutions by--
                            (i) providing technical assistance to all 
                        ministries to improve transparency and ability 
                        to respond to the needs of the people of 
                        Pakistan; and
                            (ii) promoting the implementation of fiscal 
                        and personnel management, including revenue 
                        tracking and expenditure systems; and
                    (B) enhance the capacity of Pakistan's 
                nongovernmental and civil society organizations to 
                respond to the needs of the people of Pakistan by--
                            (i) increasing support for local 
                        nongovernmental organizations with demonstrated 
                        experience in delivering services to the people 
                        of Pakistan, particularly to women, children, 
                        and other vulnerable populations in Pakistan;
                            (ii) providing training and education to 
                        local nongovernmental and civil society 
                        organizations on ways to identify and improve 
                        the delivery of services to the people of 
                        Pakistan; and
                            (iii) promoting local ownership and 
                        participation, including encouraging 
                        communities to contribute a percentage of the 
                        value of United States projects or activities 
                        carried out under this title in the form of 
                        labor, in-kind materials, or other provisions.
            (5) Support for public education system.--To support 
        Pakistan's public education system, including--
                    (A) implementation of a national education 
                strategy, to include both primary and secondary 
                education, focused on literacy and civic education, 
                including--
                            (i) programs to assist development of 
                        modern, nationwide school curriculums for 
                        public, private, and religious schools that 
                        incorporate relevant subjects, such as math, 
                        science, literature, and human rights 
                        awareness, in addition to agricultural 
                        education and training;
                            (ii) enhancement of civic education 
                        programs focused on political participation, 
                        democratic institutions, and tolerance of 
                        diverse ethnic and religious groups; and
                            (iii) support for the proper oversight of 
                        all educational institutions, including 
                        madrasas, as required by Pakistani law, 
                        including registration with the Ministry of 
                        Education and regular monitoring of curriculum 
                        by the Ministry of Education to ensure students 
                        in Pakistan receive a comprehensive education;
                    (B) initiatives to enhance the access to education 
                for women and girls, and to increase women's literacy, 
                with special emphasis on helping girls stay in school;
                    (C) funding to the Government of Pakistan to use to 
                increase immediately teacher salaries and to recruit 
                and train teachers and administrators, as well as 
                develop formalized salary scales with merit-based pay 
                increases;
                    (D) establishment of vocational and technical 
                programs to enhance employment opportunities;
                    (E) encouragement of United States and Pakistani 
                public-private partnerships to increase investment in 
                higher education and technical training opportunities;
                    (F) construction and maintenance of libraries and 
                public schools, including water sanitation, perimeter 
                walls, and recreation areas;
                    (G) provision of textbooks and other learning 
                materials and food assistance for student meals; and
                    (H) provision of software to educational 
                institutions and students at the lowest possible cost, 
                specifically targeting universities that specialize in 
                information technology, and women's colleges and 
                women's secondary schools.
            (6) Support for human rights.--To promote respect for and 
        compliance with internationally recognized human rights, 
        including assistance such as--
                    (A) programs to strengthen civil society 
                organizations that promote internationally recognized 
                human rights, including religious freedom, freedom of 
                expression, and freedom of association, and that 
                support human rights monitoring;
                    (B) promotion of education regarding 
                internationally recognized human rights;
                    (C) programs designed to end traditional practices 
                and punishments that are inconsistent with 
                internationally recognized human rights norms and 
                protections, such as honor killings and other forms of 
                cruel and unusual punishments;
                    (D) promotion of freedom of religion and religious 
                tolerance, protection of religious minorities, and 
                promotion of freedom of expression and association, 
                including support for responsible independent media;
                    (E) promotion of nongovernmental organizations that 
                focus on the protection of women and girls, including 
                women-led organizations and programs that support the 
                participation of women in the national, provincial, and 
                local political process, and programs to end violence 
                against women, including rape;
                    (F) technical, legal, and law enforcement 
                assistance for the investigation of past disappearances 
                of individuals in Pakistan and the development of a 
                national database of such individuals; and
                    (G) programs in support and protection of the 
                rights of ethnic minorities in Pakistan, including 
                Baluchis, Sindhis, and Pashtuns, to preserve their 
                language, culture, traditional areas of inhabitancy, 
                and to fight any direct or indirect discrimination.
            (7) Support for refugees and internally displaced 
        persons.--It is the sense of Congress that--
                    (A) counterinsurgency operations being carried out 
                by the Government of Pakistan should be designed to 
                minimize civilian casualties and collateral damage to 
                the people of Pakistan and to provide security for the 
                delivery of humanitarian assistance to the affected 
                civilian population;
                    (B) the United States should continue to provide 
                robust assistance to the people of Pakistan who have 
                been displaced as a result of ongoing conflict and 
                violence;
                    (C) the United States should support international 
                efforts to coordinate assistance to refugees and 
                internally displaced persons in Pakistan, including by 
                providing support to international and nongovernmental 
                organizations for this purpose;
                    (D) the Administrator of the United States Agency 
                for International Development should support the 
                development objectives of the Refugee Affected and Host 
                Areas (RAHA) Initiative in Pakistan to address 
                livelihoods, heath, education, infrastructure 
                development, and environmental restoration in 
                identified parts of the country where Afghan refugees 
                have lived; and
                    (E) the Administrator of the United States Agency 
                for International Development should evaluate the 
                effectiveness of the livelihoods projects in the FATA 
                in order to determine whether systems need to be put 
                into place to improve programming in this key sector.
            (8) Support for healthcare efforts.--To provide urgently 
        needed healthcare assistance to the people of Pakistan, 
        including assistance to supplement the Government of Pakistan's 
        efforts to eliminate diseases, including hepatitis, and to 
        reduce the nation's high maternal and under-five mortality 
        rates, including--
                    (A) support for repairing and building healthcare 
                infrastructure, including purchase of equipment and 
                training of health professionals, to ensure adequate 
                access to healthcare for Pakistan's population, 
                especially among its rural, poor, marginalized and 
                disadvantaged segments; and
                    (B) promotion of efforts by the Government of 
                Pakistan to reduce maternal mortality, including 
                through the provision of maternal and newborn health 
                services and development of community-based skilled 
                birth attendants.
            (9) Support for public diplomacy.--To implement a more 
        effective public diplomacy strategy in Pakistan in order to 
        ensure that the Pakistani public recognizes that it is in 
        Pakistan's own interest to partner with the United States and 
        other like-minded countries to combat militant extremism, as 
        well as to promote a better understanding of the United States, 
        including through the following:
                    (A) Partnering with the Government of Pakistan to 
                highlight the negative behavior of insurgent groups and 
                to encourage civil society, respected scholars, and 
                other leaders to speak out against militancy and 
                violence.
                    (B) Providing technical assistance to the 
                Government of Pakistan to both disrupt and provide 
                alternatives to the illegal FM radio stations used by 
                insurgent groups in the FATA and adjacent districts of 
                the NWFP.
                    (C) Expanded exchange activities under the 
                Fulbright Program, the International Visitor Leadership 
                Program, the Youth Exchange and Study Program, and 
                related programs administered by the Department of 
                State designed to promote mutual understanding and 
                interfaith dialogue.
                    (D) Expansion of sister institution programs 
                between United States and Pakistani schools and 
                universities, towns and cities, and other organizations 
                in such fields as medicine and healthcare, business 
                management, environmental protection, information 
                technology, and agriculture.
                    (E) Additional scholarships to enable students to 
                study in the United States.

SEC. 103. MULTILATERAL SUPPORT FOR PAKISTAN.

    To the extent that Pakistan continues to evolve toward civilian 
control of the government and to develop and implement comprehensive 
economic reform programs, the President should do the following:
            (1) Multilateral support.--Take the lead in mobilizing 
        international financial institutions, in particular the 
        International Monetary Fund and affiliated institutions in the 
        World Bank group, to provide timely and appropriate resources 
        to help Pakistan.
            (2) Stabilization assistance.--In conjunction with other 
        governments and international financial institutions (including 
        the International Monetary Fund), support the implementation of 
        a plan of the Government of Pakistan to attack structural 
        economic problems, address pressing social problems, carry out 
        comprehensive economic reform, and relieve immediate and urgent 
        balance of payments requirements in Pakistan.
            (3) Currency stabilization loans.--Provide leadership in 
        supporting multilateral agreements to provide government-to-
        government loans for currency stabilization in Pakistan if the 
        loans can reduce inflation and thereby foster conditions 
        necessary for the effective implementation of economic reforms.

SEC. 104. PAKISTAN DEMOCRACY AND PROSPERITY FUND.

    (a) Establishment of Fund.--There is established in the Treasury of 
the United States a fund to be known as the ``Pakistan Democracy and 
Prosperity Fund'' (hereinafter in this section referred to as the 
``Fund''), consisting of such amounts as may be appropriated or 
transferred to the Fund as provided in this section and which may be 
used for purposes of this title.
    (b) Transfers to Fund.--The Fund shall consist of the following:
            (1) Amounts appropriated to carry out this title.
            (2) Amounts appropriated on or after the date of the 
        enactment of this Act for ``Development Assistance'', ``Global 
        Health and Child Survival'', and the ``Economic Support Fund'' 
        for assistance for Pakistan under the Foreign Assistance Act of 
        1961 (22 U.S.C. 2151 et seq.) that are transferred by the 
        President to the Fund pursuant to subsection (d).
            (3) To the extent or in the amounts provided in advance in 
        appropriations Acts, amounts accepted by the President under 
        subsection (c) that are transferred by the President to the 
        Fund pursuant to subsection (d).
    (c) Acceptance of Amounts From Outside Sources.--The President may 
accept funds from non-United States Government sources, including 
foreign governments, nongovernmental organizations, private business 
entities, and private individuals, for purposes of carrying out this 
title.
    (d) Status of Availability of Amounts in Fund.--The President is 
authorized to transfer to the Fund amounts under paragraphs (2) and (3) 
of subsection (b). Such amounts shall be merged with and shall be 
available for any purpose for which any of the amounts so transferred 
are available.
    (e) Report.--The President shall transmit to the appropriate 
congressional committees not later than 180 days after the date of the 
enactment of this Act, and every 180 days thereafter until September 
30, 2018, a report on programs, projects, and activities carried out 
using amounts obligated and expended from the Fund.

SEC. 105. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There are authorized to be appropriated to the 
President to carry out this title $1,500,000,000 for each of the fiscal 
years 2010 through 2013.
    (b) Availability.--Amounts authorized to be appropriated to carry 
out this title for a fiscal year are--
            (1) authorized to remain available until September 30 of 
        the succeeding fiscal year; and
            (2) in addition to amounts otherwise available for such 
        purposes.
    (c) Sense of the Congress.--It is the sense of Congress that United 
States assistance provided under this title should be made available on 
a proportional and equitable basis between the FATA and other regions 
of Pakistan.

               TITLE II--SECURITY ASSISTANCE FOR PAKISTAN

SEC. 201. SENSE OF CONGRESS.

    It is the sense of Congress that--
            (1) United States security assistance for Pakistan should 
        be used to improve relationships between United States military 
        and Pakistani military personnel, including outreach to the 
        ``lost generation'' of Pakistan's officers who did not attend 
        United States-sponsored training as a result of restrictions 
        placed on United States assistance for Pakistan due to 
        Pakistan's possession of a nuclear device; and
            (2) United States security assistance for Pakistan should 
        be fully accountable, should be contingent on Pakistan ending 
        support for terrorist groups, and should meet the national 
        security needs of Pakistan.

SEC. 202. PURPOSES OF ASSISTANCE.

    The purposes of assistance under this title are--
            (1) to support Pakistan's paramount national security need 
        to fight and win the ongoing counterinsurgency within its 
        borders;
            (2) to work with the Government of Pakistan to protect and 
        secure Pakistan's borders and prevent any Pakistani territory 
        from being used as a base or conduit for terrorist attacks in 
        Pakistan, or elsewhere;
            (3) to work in close cooperation with the Government of 
        Pakistan to coordinate action against extremist and terrorist 
        targets; and
            (4) to develop knowledge of and appreciation for democratic 
        governance and a military that is controlled by and responsible 
        to democratically elected civilian leadership.

SEC. 203. AUTHORIZATION OF ASSISTANCE.

    (a) International Military Education and Training.--
            (1) In general.--Of the amounts authorized to be 
        appropriated to carry out this title, not less than $4,000,000 
        for fiscal year 2010 and such sums as may be necessary for each 
        of the fiscal years 2011 through 2013 are authorized be made 
        available for assistance under chapter 5 of part II of the 
        Foreign Assistance Act of 1961 (22 U.S.C. 2347 et seq.; 
        relating to international military education and training) for 
        Pakistan, including expanded international military education 
        and training (commonly known as ``E-IMET'').
            (2) Use of funds.--Not less than 30 percent of the amount 
        made available to carry out this subsection for a fiscal year 
        may be used to pay for courses of study and training in 
        counterinsurgency and civil-military relations.
    (b) Foreign Military Financing Program.--
            (1) In general.--Of the amounts authorized to be 
        appropriated to carry out this title, not less than 
        $300,000,000 for fiscal year 2010 and such sums as may be 
        necessary for each of the fiscal years 2011 through 2013 are 
        authorized to be made available for grant assistance under 
        section 23 of the Arms Export Control Act (22 U.S.C. 2763; 
        relating to the Foreign Military Financing program) for the 
        purchase of defense articles, defense services, and military 
        education and training for Pakistan.
            (2) Use of funds.--Not less than 75 percent of the amount 
        made available to carry out this subsection for a fiscal year 
        may be used for the purchase of defense articles, defense 
        services, and military education and training for activities 
        relating to counterinsurgency and counterterrorism operations 
        in Pakistan. Such articles, services, and military education 
        and training may include the following:
                    (A) Aviation maintenance and logistics support for 
                United States-origin and United States-supported rotary 
                wing aircraft and upgrades to such aircraft to include 
                modern night vision and targeting capabilities.
                    (B) Intelligence, surveillance, and reconnaissance 
                (ISR) ground and air manned and unmanned platforms, 
                including sustainment.
                    (C) Command and control capabilities.
                    (D) Force protection and counter improvised 
                explosive device capabilities, including protection of 
                vehicles.
                    (E) Protective equipment, such as body armor and 
                helmets, night vision goggles, and other individual 
                equipment, including load-bearing equipment, individual 
                and unit level first aid equipment, ballistic eye 
                protection, and cold weather equipment.
                    (F) Appropriate individual and unit level medical 
                services and articles for the Pakistan Army, the 
                Pakistan Frontier Corps, and other appropriate security 
                forces.
                    (G) Assistance to enable the Pakistani military to 
                distribute humanitarian assistance and establish a 
                tactical civil-military operations capability, 
                including a civil affairs directorate.
            (3) Restriction relating to f-16 program.--
                    (A) Congressional finding.--In accordance with the 
                Letters of Offer and Acceptance signed between the 
                United States and Pakistan in 2006, Congress finds that 
                the Government of Pakistan is responsible for making 
                the remaining payments on the 2006 sales relating to F-
                16 fighter aircraft and associated equipment with its 
                own national funds, including the mid-life updates and 
                munitions for such aircraft included in such Letters of 
                Offer and Acceptance.
                    (B) Restriction.--Subject to subparagraph (C), 
                amounts authorized to be made available under this 
                subsection for a fiscal year may not be used for the 
                purchase of, or upgrade to, F-16 fighter aircraft or 
                munitions for such aircraft.
                    (C) Exception.--Amounts authorized to be made 
                available under this subsection for a fiscal year are 
                authorized to be used for military construction 
                pursuant to the security plan contained in the Letters 
                of Offer and Acceptance signed between the United 
                States and Pakistan in 2006.
                    (D) Waiver.--The President may waive the 
                restriction under subparagraph (B) with respect to 
                amounts authorized to be made available under this 
                subsection for a fiscal year, other than amounts 
                authorized to be made available under paragraph (2) of 
                this subsection, if the President certifies to the 
                appropriate congressional committees not later than 15 
                days prior to exercising the authority of this 
                subparagraph that the waiver is important to the 
                national security interests of the United States.
            (4) Security assistance plan.--Not later than 180 days 
        after the date of the enactment of this Act, the President 
        shall transmit to the appropriate congressional committees a 
        plan for the proposed use of amounts authorized to be made 
        available under this subsection for each of the fiscal years 
        2010 through 2013. Such plan shall include an assessment of how 
        the use of such amounts complements or otherwise is related to 
        amounts described in section 204.
            (5) Additional authority.--Except as provided in section 
        3(a)(2) of the Arms Export Control Act and except as otherwise 
        provided in this title, amounts authorized to be made available 
        to carry out paragraph (2) for fiscal years 2010 and 2011 are 
        authorized to be made available notwithstanding any other 
        provision of law.
            (6) Definitions.--In this section, the terms ``defense 
        articles'', ``defense services'', and ``military education and 
        training'' have the meaning given such terms in section 644 of 
        the Foreign Assistance Act of 1961 (22 U.S.C. 2403).
    (c) Sense of Congress.--It is the sense of Congress that the United 
States should facilitate Pakistan's establishment of a program to 
enable the Pakistani military to provide reconstruction assistance in 
areas damaged by combat operations.

SEC. 204. PAKISTAN COUNTERINSURGENCY CAPABILITY FUND.

    (a) For Fiscal Year 2010.--
            (1) In general.--For fiscal year 2010, the Department of 
        State's Pakistan Counterinsurgency Capability Fund, hereinafter 
        in this section referred to as the ``Fund'', shall consist of 
        the following:
                    (A) Amounts appropriated to carry out this 
                subsection.
                    (B) Amounts otherwise available to the Secretary of 
                State to carry out this subsection.
            (2) Purposes of fund.--Amounts in the Fund made available 
        to carry out this subsection for any fiscal year are authorized 
        to be used by the Secretary of State, with the concurrence of 
        the Secretary of Defense, to build and maintain the
        counterinsurgency capability of Pakistan under the same terms 
        and conditions (except as otherwise provided in this 
        subsection) that are applicable to amounts made available under 
        the Fund for fiscal year 2009.
            (3) Transfer authority.--
                    (A) In general.--The Secretary of State is 
                authorized to transfer amounts in the Fund made 
                available to carry out this subsection for any fiscal 
                year to the Department of Defense's Pakistan 
                Counterinsurgency Fund.
                    (B) Treatment of transferred funds.--Subject to the 
                requirements of paragraph (4), transfers from the Fund 
                under the authority of subparagraph (A) shall be merged 
                with and be available for the same purposes and for the 
                same time period as amounts in the Department of 
                Defense's Pakistan Counterinsurgency Fund.
                    (C) Relation to other authorities.--The authority 
                to make transfers from the Fund under subparagraph (A) 
                is in addition to any other transfer of funds authority 
                of the Department of State. The authority to provide 
                assistance under this subsection is in addition to any 
                other authority to provide assistance to foreign 
                countries.
                    (D) Notification.--The Secretary of State shall, 
                not less than 15 days prior to making transfers from 
                the Fund under subparagraph (A), notify the appropriate 
                congressional committees in writing of the details of 
                any such transfer.
            (4) Restriction.--
                    (A) In general.--Subject to subparagraph (B), 
                amounts in the Fund made available to carry out this 
                subsection for any fiscal year may not be used to 
                purchase F-16 fighter aircraft, to purchase mid-life 
                updates for such aircraft, or to make payments on the 
                sales of F-16 fighter aircraft and associated equipment 
                described in section 203(b)(3)(A).
                    (B) Exception.--Amounts in the Fund made available 
                to carry out this subsection for any fiscal year are 
                authorized to be used for military construction 
                activities.
                    (C) Waiver.--The President may waive the 
                restriction under subparagraph (A) with respect to 
                amounts described in subparagraph (A) if the President 
                certifies to the appropriate congressional committees 
                not later than 15 days prior to exercising the 
                authority of this subparagraph that the waiver is 
                important to the national security interests of the 
                United States.
            (5) Authorization of appropriations.--For fiscal year 2010, 
        $300,000,000 is hereby authorized to be appropriated to carry 
        out this subsection.
    (b) Submission of Notifications.--Any notification required by this 
section shall be submitted in classified form, but may include a 
unclassified annex if necessary.
    (c) Appropriate Congressional Committees Defined.--In this section, 
the term ``appropriate congressional committees'' means--
            (1) the Committee on Appropriations, the Committee on Armed 
        Services, and the Committee on Foreign Affairs of the House of 
        Representatives; and
            (2) the Committee on Appropriations, the Committee on Armed 
        Services, and the Committee on Foreign Relations of the Senate.

SEC. 205. EXCHANGE PROGRAM BETWEEN MILITARY AND CIVILIAN PERSONNEL OF 
              PAKISTAN AND CERTAIN OTHER COUNTRIES.

    (a) In General.--The Secretary of State is authorized to establish 
an exchange program between--
            (1) military and civilian personnel of Pakistan; and
            (2)(A) military and civilian personnel of countries 
        determined by the Secretary of State to be in transition to 
        democracy; or
            (B) military and civilian personnel of North Atlantic 
        Treaty Organization member countries,
in order to foster greater respect for and understanding of the 
principle of civilian rule of Pakistan's military. The program 
established under this subsection shall be known as the ``Pakistan 
Military Transition Program''.
    (b) Elements of Program.--The program authorized under subsection 
(a) may include--
            (1) conferences, seminars, and other events;
            (2) distribution of publications; and
            (3) reimbursement of expenses of foreign military personnel 
        participating in the program, including transportation 
        expenses, translation services expenses, and administrative 
        expenses relating to the program.
    (c) Role of Nongovernmental Organizations.--Amounts authorized to 
be appropriated to carry out this title for a fiscal year are 
authorized to be made available for nongovernmental organizations to 
facilitate the implementation of the program authorized under 
subsection (a).

SEC. 206. LIMITATION ON UNITED STATES MILITARY ASSISTANCE TO PAKISTAN.

    (a) Prohibition on Use of Funds.--None of the funds authorized to 
be appropriated for military assistance to Pakistan for fiscal year 
2011 and each fiscal year thereafter may be obligated or expended if 
the President has not made the determinations described in subsection 
(b) for such fiscal year.
    (b) Determinations Regarding Enhanced Cooperation Between the 
United States and Pakistan.--The determinations referred to in 
subsection (a) are--
            (1) a determination by the President at the beginning of 
        each fiscal year that the Government of Pakistan is continuing 
        to cooperate with the United States in efforts to dismantle 
        supplier networks relating to the acquisition of nuclear 
        weapons-related materials, including, as necessary, providing 
        direct access to Pakistani nationals associated with such 
        networks; and
            (2) a determination by the President at the beginning of 
        each fiscal year that the Government of Pakistan during the 
        preceding fiscal year has demonstrated a sustained commitment 
        to and making progress towards combating terrorist groups, 
        including taking into account the progress the Government of 
        Pakistan has made with regard to--
                    (A) ceasing support, including by any elements 
                within the Pakistan military or its intelligence 
                agency, to extremist and terrorist groups, particularly 
                to any group that has conducted attacks against United 
                States or coalition forces in Afghanistan, or against 
                the territory or people of neighboring countries;
                    (B) closing terrorist camps in the FATA, 
                dismantling terrorist bases of operations in other 
                parts of the country, including Quetta and Muridke, and 
                taking action when provided with intelligence about 
                high-level terrorist targets;
                    (C) preventing cross-border attacks into 
                neighboring countries; and
                    (D) strengthening counter-terrorism and anti-money 
                laundering laws.
    (c) Waiver.--The President may waive the restriction under 
subsection (a) for any fiscal year if the President certifies to the 
appropriate congressional committees 15 days before the President 
exercises the authority of this subsection that the provision of 
military assistance to Pakistan is important to the national security 
interests of the United States.
    (d) Consultation and Written Justification.--Not later than 5 days 
prior to making a determination described in subsection (b), the 
President shall consult with the appropriate congressional committees 
and, upon making such determination, shall submit to the appropriate 
congressional committees a written justification that specifies the 
basis upon which the President made such a determination, including an 
acknowledgment of the extent to which the Government of Pakistan has 
made progress with regard to subsection (b)(2). The justification shall 
be unclassified but may include a classified annex.
    (e) GAO Analysis and Report.--Not later than 120 days after the 
President makes the determinations described in subsection (b), the 
Comptroller General of the United States shall conduct an independent 
analysis of each of the determinations under subsection (b) and written 
justifications for such determinations under subsection (d) and shall 
submit to the appropriate congressional committees a report containing 
the results of the independent analysis.
    (f) Definitions.--For purposes of this section--
            (1) the term ``appropriate congressional committees'' 
        means--
                    (A) the Committee on Foreign Affairs, the Committee 
                on Armed Services, the Committee on Oversight and 
                Government Reform, and the Permanent Select Committee 
                on Intelligence of the House of Representatives; and
                    (B) the Committee on Foreign Relations, the 
                Committee on Armed Services, and the Select Committee 
                on Intelligence of the Senate; and
            (2) the term ``military assistance''--
                    (A) means assistance authorized under section 23 of 
                the Arms Export Control Act (22 U.S.C. 2763; relating 
                to the Foreign Military Financing program), including 
                assistance authorized under section 203(b) of this 
                division and assistance authorized under part II of the 
                Foreign Assistance Act of 1961 (22 U.S.C. 2301 et 
                seq.), other than assistance authorized under chapter 5 
                of part II of such Act (22 U.S.C. 2347 et seq.); but
                    (B) does not include assistance authorized under 
                any provision of law that is funded from accounts 
                within budget function 050 (National Defense).

SEC. 207. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There are authorized to be appropriated to the 
President to carry out this title, other than section 204, $400,000,000 
for fiscal year 2010 and such sums as may be necessary for each of the 
fiscal years 2011 through 2013.
    (b) Relation to Other Available Funds.--Amounts authorized to be 
appropriated to carry out this title for a fiscal year are in addition 
to amounts otherwise available for such purposes.

                  TITLE III--MISCELLANEOUS PROVISIONS

SEC. 301. COMPREHENSIVE REGIONAL SECURITY STRATEGY.

    (a) Sense of Congress.--It is the sense of Congress that the 
achievement of United States national security goals to eliminate 
terrorist threats and close safe havens in Pakistan requires the 
development of a comprehensive plan that utilizes all elements of 
national power, including in coordination and cooperation with other 
concerned governments, and that it is critical to Pakistan's long-term 
prosperity and security to strengthen regional relationships among 
India, Pakistan, and Afghanistan.
    (b) Comprehensive Regional Security Strategy.--The President shall 
develop a comprehensive regional security strategy to eliminate 
terrorist threats and close safe havens in Pakistan, including by 
working with the Government of Pakistan and other relevant governments 
and organizations in the region and elsewhere, as appropriate, to best 
implement effective counterinsurgency and counterterrorism efforts in 
and near the border areas of Pakistan and Afghanistan, including the 
FATA, NWFP, parts of Balochistan, and parts of Punjab.
    (c) Report.--
            (1) In general.--Not later than 180 days after the date of 
        the enactment of this Act, the President shall transmit to the 
        appropriate congressional committees a report on the 
        comprehensive regional security strategy required under 
        subsection (b).
            (2) Contents.--The report shall include a copy of the 
        comprehensive regional security strategy, including 
        specifications of goals, and proposed timelines and budgets for 
        implementation of the strategy.
    (d) Definition.--For purposes of this section, the term 
``appropriate congressional committees'' means the Committees on 
Foreign Affairs and Armed Services of the House of Representatives and 
the Committees on Foreign Relations and Armed Services of the Senate.

SEC. 302. MONITORING AND EVALUATION OF ASSISTANCE.

    (a) Definitions.--In this section:
            (1) Impact evaluation research.--The term ``impact 
        evaluation research'' means the 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 enhance democracy and the rule of law 
        in Pakistan, defeat extremist elements, and ensure the 
        protection of human rights, the President should establish a 
        program to conduct impact evaluation research, operations 
        research, and program monitoring to ensure effectiveness of 
        assistance provided under title I of this division;
            (2) long-term solutions to Pakistan's security problems 
        depend on increasing the effectiveness and responsiveness of 
        civilian institutions in Pakistan, including the parliament and 
        judicial system;
            (3) a specific program of impact evaluation research, 
        operations research, and program monitoring, established at the 
        inception of the program, is required to permit assessment of 
        the operational effectiveness of impact of United States 
        assistance towards these goals; 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 Government 
        of Pakistan.
    (c) Impact Evaluation Research, Operations Research, and Program 
Monitoring of Assistance.--The President shall establish and implement 
a program to assess the effectiveness of assistance provided under 
title I of this division through impact evaluation research on a 
selected set of programmatic interventions, operations research in 
areas to ensure efficiency and effectiveness of program implementation, 
and monitoring to ensure timely and transparent delivery of assistance.
    (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 title I of this division;
            (2) an identification of measurable performance goals for 
        each of the main components of assistance provided under title 
        I of this division to be expressed in an objective and 
        quantifiable form at the 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 the assistance to enhance 
        the impact of the assistance.
    (e) Assistance To Enhance the Capacity of Pakistan.--In carrying 
out the program required under subsection (c), the President is 
authorized to provide assistance to enhance the capacity of the 
Government of Pakistan to monitor and evaluate programs carried out by 
the national, provincial, and local governments in Pakistan in order to 
maximize the long-term sustainable development impact of such programs.
    (f) Consultation With Congress.--Not later than 120 days after the 
date of the enactment of this Act, the President shall brief and 
consult with the appropriate congressional committees regarding the 
progress in establishing and implementing the program required under 
subsection (c).
    (g) Authorization of Appropriations.--Of the amounts authorized to 
be appropriated under section 105 of this division for each of the 
fiscal years 2010 through 2013, up to 5 percent of such amounts for 
such fiscal year is authorized to be made available to carry out this 
section for the fiscal year.

SEC. 303. AUDITING.

    (a) Assistance Authorized.--The Inspector General of the Department 
of State and the Inspector General of the United States Agency for 
International Development shall audit, investigate, and oversee the 
obligation and expenditure of funds to carry out title I of this 
division.
    (b) Requirement for In-country Presence.--The Inspector General of 
the Department of State and the Inspector General of the United States 
Agency for International Development, after consultation with the 
Secretary of State and the Administrator of the United States Agency 
for International Development, are authorized to establish field 
offices in Pakistan with sufficient staff from each of the Offices of 
the Inspector General in Pakistan respectively to carry out subsection 
(a).
    (c) Authorization of Appropriations.--
            (1) In general.--Of the amounts authorized to be 
        appropriated under section 105 for each of the fiscal years 
        2010 through 2013, not less than $2,000,000 for each fiscal 
        year is authorized to be made available to the Office of the 
        Inspector General of the Department of State and not less than 
        $2,000,000 for each fiscal year is authorized to be made 
        available to the Office of the Inspector General of the United 
        States Agency for International Development to carry out this 
        section.
            (2) Relation to other available funds.--Amounts made 
        available under paragraph (1) are in addition to amounts 
        otherwise available for such purposes.

SEC. 304. REQUIREMENTS FOR CIVILIAN CONTROL OF UNITED STATES ASSISTANCE 
              FOR PAKISTAN.

    (a) Requirements.--Any direct assistance provided or payments made 
on or after January 1, 2010, by the United States to the Government of 
Pakistan, and any information required by the United States prior to 
providing the assistance or making the payments, may only be provided 
or made to, or received from, civilian authorities of a government of 
Pakistan constituted through a free and fair election. For purposes of 
this subsection, a government of Pakistan constituted through a free 
and fair election is a government that is determined by the President 
to have been elected in a free and fair manner, taking into account the 
laws and constitution of Pakistan and internationally recognized 
standards.
    (b) Waiver.--The President may waive--
            (1) the requirements under subsection (a); or
            (2) the requirements under any other provision of law that 
        restricts assistance to the government of any country whose 
        duly elected head of government is deposed by military coup or 
        decree, as such provision of law applies with respect to the 
        Government of Pakistan,
if the President certifies to the appropriate congressional committees 
that the waiver is important to the national security interests of the 
United States.
    (c) Rule of Construction.--Nothing in this section shall apply with 
respect to any activities subject to reporting requirements under title 
V of the National Security Act of 1947 (50 U.S.C. 413 et seq.).
    (d) Definition.--In this section, the term ``appropriate 
congressional committees'' means the Committees on Appropriations, 
Armed Services, and Foreign Affairs of the House of Representatives and 
the Committees on Appropriations, Armed Services, and Foreign Relations 
of the Senate.

SEC. 305. SENSE OF CONGRESS.

    It is the sense of Congress that--
            (1) the Secretary of State, with the concurrence of the 
        Secretary of Defense, should establish a coordinated, strategic 
        communications strategy to engage the people of Pakistan--one 
        that is fully funded, staffed, and implemented--to help ensure 
        the success of the measures authorized by this division; and
            (2) the strategy should have clear and achievable 
        objectives, based on available resources, and should be 
        overseen by the United States Chief of Mission in Pakistan.

SEC. 306. REPORTS.

    (a) Report by President.--
            (1) In general.--The President shall transmit to the 
        appropriate congressional committees a report on assistance 
        provided under titles I and II of this division during the 
        preceding fiscal year. The first report shall be transmitted 
        not later than 180 days after the date of the enactment of this 
        Act and subsequent reports shall be transmitted not later than 
        December 31 of each year thereafter.
            (2) Matters to be included.--The report required under 
        subsection (a) shall include the following:
                    (A) A detailed description of the assistance by 
                program, project, and activity, as well as by 
                geographic area.
                    (B) A general description of the performance goals 
                established under section 302 and the progress made in 
                meeting the goals.
                    (C) An evaluation of efforts undertaken by the 
                Government of Pakistan to--
                            (i) disrupt, dismantle, and defeat al 
                        Qaeda, the Taliban, and other extremist and 
                        terrorist groups in the FATA and settled areas;
                            (ii) close terrorist camps, including those 
                        of Jamaat-ud-Dawa, Lashkar-e-Taiba, and Jaish-
                        e-Mohammed;
                            (iii) cease all support for extremist and 
                        terrorist groups;
                            (iv) prevent cross-border attacks;
                            (v) increase oversight over curriculum in 
                        madrasas, including closing madrasas with 
                        direct links to the Taliban or other extremist 
                        and terrorist groups; and
                            (vi) improve counter-terrorism financing 
                        and anti-money laundering laws, apply for 
                        observer status for the Financial Action Task 
                        Force, and steps taken to adhere to the United 
                        Nations International Convention for the 
                        Suppression of Financing of Terrorism.
                    (D) A detailed description of Pakistan's efforts to 
                prevent proliferation of nuclear-related material and 
                expertise.
                    (E) An assessment of whether assistance provided to 
                Pakistan pursuant to this division has directly or 
                indirectly aided the expansion of Pakistan's nuclear 
                weapons program, whether by the diversion of United 
                States assistance or the reallocation of Pakistan 
                financial resources that would otherwise be spent for 
                programs and activities unrelated to its nuclear 
                weapons program.
                    (F) A description of the transfer or purchase of 
                military equipment pursuant to title II of this 
                division, including--
                            (i) a list of equipment provided; and
                            (ii) a detailed description of the extent 
                        to which funds obligated and expended pursuant 
                        to section 203(b) meet the requirements of such 
                        section.
                    (G) An analysis of a suitable replacement for the 
                AH-1F and AH-1S Cobra attack helicopters, which 
                includes recommendations for sustainment, training, and 
                any other matters determined to be appropriate.
                    (H) An assessment of the extent to which the 
                Government of Pakistan exercises effective civilian 
                control of the military, including a description of the 
                extent to which civilian executive leaders and 
                parliament exercise oversight and approval of military 
                budgets, the chain of command, the process of promotion 
                for senior military leaders, civilian involvement in 
                strategic guidance and planning, and military 
                involvement in civil administration.
    (b) Report by Comptroller General.--
            (1) In general.--Not later than April 1, 2011, the 
        Comptroller General of the United States shall submit to the 
        appropriate congressional committees a report evaluating the 
        effectiveness of security assistance provided to Pakistan under 
        title II of this division during fiscal years 2010 and 2011.
            (2) Matters to be included.--The report required under 
        subsection (a) shall include the following:
                    (A) A detailed description of the expenditures made 
                by Pakistan pursuant to grant assistance under section 
                23 of the Arms Export Control Act (22 U.S.C. 2763; 
                relating to the Foreign Military Financing program).
                    (B) An assessment of the impact of the assistance 
                on the security and stability of Pakistan.
                    (C) An evaluation of any issues of financial 
                impropriety on behalf of personnel implementing the 
                assistance.
                    (D) An assessment of the extent to which civilian 
                authorities are involved in administration of the 
                assistance provided by the United States.

SEC. 307. SUNSET.

    The authority of this division, other than section 104 and title IV 
of this division, shall expire after September 30, 2013.

  TITLE IV--DUTY-FREE TREATMENT FOR CERTAIN GOODS FROM RECONSTRUCTION 
             OPPORTUNITY ZONES IN AFGHANISTAN AND PAKISTAN

SEC. 401. SHORT TITLE.

    This title may be cited as the ``Afghanistan-Pakistan Security and 
Prosperity Enhancement Act''.

SEC. 402. DEFINITIONS; PURPOSES.

    (a) Definitions.--In this title:
            (1) Agreement on textiles and clothing.--The term 
        ``Agreement on Textiles and Clothing'' means the Agreement on 
        Textiles and Clothing referred to in section 101(d)(4) of the 
        Uruguay Round Agreements Act (19 U.S.C. 3511(d)(4)).
            (2) Category; textile and apparel category number.--The 
        terms ``category'' and ``textile and apparel category number'' 
        mean the number assigned under the U.S. Textile and Apparel 
        Category System of the Office of Textiles and Apparel of the 
        Department of Commerce, as listed in the HTS under the 
        applicable heading or subheading (as in effect on September 1, 
        2007).
            (3) Core labor standards.--The term ``core labor 
        standards'' means--
                    (A) freedom of association;
                    (B) the effective recognition of the right to 
                bargain collectively;
                    (C) the elimination of all forms of compulsory or 
                forced labor;
                    (D) the effective abolition of child labor and a 
                prohibition on the worst forms of child labor; and
                    (E) the elimination of discrimination in respect of 
                employment and occupation.
            (4) Entered.--The term ``entered'' means entered, or 
        withdrawn from warehouse for consumption, in the customs 
        territory of the United States.
            (5) Entity.--The term ``entity'' means--
                    (A) a natural person, corporation, company, 
                business association, partnership, society, trust, any 
                other nongovernmental entity, organization, or group, 
                whether or not for profit;
                    (B) any governmental entity or instrumentality of a 
                government; and
                    (C) any successor, subunit, or subsidiary of any 
                entity described in subparagraph (A) or (B).
            (6) HTS.--The term ``HTS'' means the Harmonized Tariff 
        Schedule of the United States.
            (7) NAFTA.--The term ``NAFTA'' means the North American 
        Free Trade Agreement concluded between the United States, 
        Mexico, and Canada on December 17, 1992.
            (8) Reconstruction opportunity zone.--The term 
        ``Reconstruction Opportunity Zone'' means any area that--
                    (A) solely encompasses portions of the territory 
                of--
                            (i) Afghanistan; or
                            (ii) 1 or more of the following areas of 
                        Pakistan:
                                    (I) the Federally Administered 
                                Tribal Areas;
                                    (II) areas of Pakistan-administered 
                                Kashmir that the President determines 
                                were harmed by the earthquake of 
                                October 8, 2005;
                                    (III) areas of Baluchistan that are 
                                within 100 miles of Pakistan's border 
                                with Afghanistan; and
                                    (IV) the North West Frontier 
                                Province;
                    (B) has been designated by the competent 
                authorities in Afghanistan or Pakistan, as the case may 
                be, as an area in which merchandise may be introduced 
                without payment of duty or excise tax; and
                    (C) has been designated by the President as a 
                Reconstruction Opportunity Zone pursuant to section 
                403(a).
    (b) Purposes.--The purposes of this title are--
            (1) to stimulate economic activity and development in 
        Afghanistan and the border region of Pakistan, critical fronts 
        in the struggle against violent extremism;
            (2) to reflect the strong support that the United States 
        has pledged to Afghanistan and Pakistan for their sustained 
        commitment in the global war on terrorism;
            (3) to support the 3-pronged United States strategy in 
        Afghanistan and the border region of Pakistan that leverages 
        political, military, and economic tools, with Reconstruction 
        Opportunity Zones as a critical part of the economic component 
        of that strategy; and
            (4) to offer a vital opportunity to improve livelihoods of 
        indigenous populations of Reconstruction Opportunity Zones, 
        promote good governance, improve economic and commercial ties 
        between the people of Afghanistan and Pakistan, and strengthen 
        the Governments of Afghanistan and Pakistan.

SEC. 403. DESIGNATION OF RECONSTRUCTION OPPORTUNITY ZONES.

    (a) Authority To Designate.--The President is authorized to 
designate an area within Afghanistan or Pakistan described in section 
402(a)(8) (A) and (B) as a Reconstruction Opportunity Zone if the 
President determines that--
            (1) Afghanistan or Pakistan, as the case may be, meets the 
        eligibility criteria set forth in subsection (b);
            (2) Afghanistan or Pakistan, as the case may be, meets the 
        eligibility criteria set forth in subsection (c) of section 502 
        of the Trade Act of 1974 (19 U.S.C. 2462(c)) for designation as 
        a beneficiary developing country under that section and is not 
        ineligible under subsection (b) of such section; and
            (3) designation of the area as a Reconstruction Opportunity 
        Zone is appropriate taking into account the factors listed in 
        subsection (c).
    (b) Eligibility Criteria.--Afghanistan or Pakistan, as the case may 
be, meets the eligibility criteria set forth in this subsection if that 
country--
            (1) has established, or is making continual progress toward 
        establishing--
                    (A) a market-based economy that protects private 
                property rights, incorporates an open rules-based 
                trading system, and minimizes government interference 
                in the economy through measures such as price controls, 
                subsidies, and government ownership of economic assets;
                    (B) the rule of law, political pluralism, and the 
                right to due process, a fair trial, and equal 
                protection under the law;
                    (C) economic policies to--
                            (i) reduce poverty;
                            (ii) increase the availability of health 
                        care and educational opportunities;
                            (iii) expand physical infrastructure;
                            (iv) promote the development of private 
                        enterprise; and
                            (v) encourage the formation of capital 
                        markets through microcredit or other programs;
                    (D) a system to combat corruption and bribery, such 
                as ratifying and implementing the United Nations 
                Convention Against Corruption; and
                    (E) protection of core labor standards and 
                acceptable conditions of work with respect to minimum 
                wages, hours of work, and occupational health and 
                safety;
            (2) is eliminating or has eliminated barriers to trade and 
        investment, including by--
                    (A) providing national treatment and measures to 
                create an environment conducive to domestic and foreign 
                investment;
                    (B) protecting intellectual property; and
                    (C) resolving bilateral trade and investment 
                disputes;
            (3) does not engage in activities that undermine United 
        States national security or foreign policy interests;
            (4) does not engage in gross violations of internationally 
        recognized human rights;
            (5) does not provide support for acts of international 
        terrorism; and
            (6) cooperates in international efforts to eliminate human 
        rights violations and terrorist activities.
    (c) Additional Factors.--In determining whether to designate an 
area in Afghanistan or Pakistan as a Reconstruction Opportunity Zone, 
the President shall take into account--
            (1) an expression by the government of the country of its 
        desire to have a particular area designated as a Reconstruction 
        Opportunity Zone under this title;
            (2) the capability of the country to establish a program in 
        the area meeting the requirements of section 407(d)(3) based on 
        assessments undertaken by the Secretary of Labor and the 
        government of the country of such factors as--
                    (A) the geographical suitability of the area for 
                such a program;
                    (B) the nature of the labor market in the area;
                    (C) skills requirements and infrastructure needs 
                for operation of such a program in the area; and
                    (D) all other relevant information;
            (3) whether the government of the country has provided the 
        United States with a monitoring and enforcement plan outlining 
        specific steps the country will take to cooperate with the 
        United States to--
                    (A) facilitate legitimate cross-border commerce;
                    (B) ensure that articles for which duty-free 
                treatment is sought pursuant to this title satisfy the 
                applicable rules of origin described in section 404 (c) 
                and (d) or section 405 (c) and (d), whichever is 
                applicable; and
                    (C) prevent unlawful transshipment, as described in 
                section 406(b)(4);
            (4) the potential for such designation to create local 
        employment and to promote local and regional economic 
        development;
            (5) the physical security of the proposed Reconstruction 
        Opportunity Zone;
            (6) the economic viability of the proposed Reconstruction 
        Opportunity Zone, including--
                    (A) whether there are commitments to finance 
                economic activity proposed for the Reconstruction 
                Opportunity Zone; and
                    (B) whether there is existing or planned 
                infrastructure for power, water, transportation, and 
                communications in the area;
            (7) whether such designation would be compatible with and 
        contribute to the foreign policy and national security 
        objectives of the United States, taking into account the 
        information provided under subsection (d); and
            (8) the views of interested persons submitted pursuant to 
        subsection (e).
    (d) Information Relating to Compatibility With and Contribution to 
Foreign Policy and National Security Objectives of the United States.--
In determining whether designation of a Reconstruction Opportunity Zone 
would be compatible with and contribute to the foreign policy and 
national security objectives of the United States in accordance with 
subsection (c)(7), the President shall take into account whether 
Afghanistan or Pakistan, as the case may be, has provided the United 
States with a plan outlining specific steps it will take to verify the 
ownership and nature of the activities of entities to be located in the 
proposed Reconstruction Opportunity Zone. The specific steps outlined 
in a country's plan shall include a mechanism to annually register each 
entity by a competent authority of the country and--
            (1) to collect from each entity operating in, or proposing 
        to operate in, a Reconstruction Opportunity Zone, information 
        including--
                    (A) the name and address of the entity;
                    (B) the name and location of all facilities owned 
                or operated by the entity that are operating in or 
                proposed to be operating in a Reconstruction 
                Opportunity Zone;
                    (C) the name, nationality, date and place of birth, 
                and position title of each person who is an owner, 
                director, or officer of the entity; and
                    (D) the nature of the activities of each entity;
            (2) to update the information required under paragraph (1) 
        as changes occur; and
            (3) to provide such information promptly to the Secretary 
        of State.
    (e) Opportunity for Public Comment.--Before the President 
designates an area as a Reconstruction Opportunity Zone pursuant to 
subsection (a), the President shall afford an opportunity for 
interested persons to submit their views concerning the designation.
    (f) Notification to Congress.--Before the President designates an 
area as a Reconstruction Opportunity Zone pursuant to subsection (a), 
the President shall notify Congress of the President's intention to 
make the designation, together with the reasons for making the 
designation.

SEC. 404. DUTY-FREE TREATMENT FOR CERTAIN NONTEXTILE AND NONAPPAREL 
              ARTICLES.

    (a) In General.--The President is authorized to proclaim duty-free 
treatment for--
            (1) any article from a Reconstruction Opportunity Zone that 
        the President has designated as an eligible article under 
        section 503(a)(1)(A) of the Trade Act of 1974 (19 U.S.C. 
        2463(a)(1)(A));
            (2) any article from a Reconstruction Opportunity Zone 
        located in Afghanistan that the President has designated as an 
        eligible article under section 503(a)(1)(B) of the Trade Act of 
        1974 (19 U.S.C. 2463(a)(1)(B)); or
            (3) any article from a Reconstruction Opportunity Zone that 
        is not a textile or apparel article, regardless of whether the 
        article has been designated as an eligible article under 
        section 503(a)(1)(A) or (B) of the Trade Act of 1974 (19 U.S.C. 
        2463(a)(1) (A) or (B)), if, after receiving the advice of the 
        International Trade Commission pursuant to subsection (b), the 
        President determines that such article is not import-sensitive 
        in the context of imports from a Reconstruction Opportunity 
        Zone.
    (b) Advice Concerning Certain Eligible Articles.--Before 
proclaiming duty-free treatment for an article pursuant to subsection 
(a)(3), the President shall publish in the Federal Register and provide 
the International Trade Commission a list of articles which may be 
considered for such treatment. The provisions of sections 131 through 
134 of the Trade Act of 1974 (19 U.S.C. 2151 through 2154) shall apply 
to any designation under subsection (a)(3) in the same manner as such 
sections apply to action taken under section 123 of the Trade Act of 
1974 (19 U.S.C. 2133) regarding a proposed trade agreement.
    (c) General Rules of Origin.--
            (1) In general.--The duty-free treatment proclaimed with 
        respect to an article described in paragraph (1) or (3) of 
        subsection (a) shall apply to any article subject to such 
        proclamation which is the growth, product, or manufacture of 1 
        or more Reconstruction Opportunity Zones if--
                    (A) that article is imported directly from a 
                Reconstruction Opportunity Zone into the customs 
                territory of the United States; and
                    (B)(i) with respect to an article that is an 
                article of a Reconstruction Opportunity Zone in 
                Pakistan, the sum of--
                            (I) the cost or value of the materials 
                        produced in 1 or more Reconstruction 
                        Opportunity Zones in Pakistan or Afghanistan;
                            (II) the direct costs of processing 
                        operations performed in 1 or more 
                        Reconstruction Opportunity Zones in Pakistan or 
                        Afghanistan; and
                            (III) the cost or value of materials 
                        produced in the United States, determined in 
                        accordance with paragraph (2),
                is not less than 35 percent of the appraised value of 
                the article at the time it is entered into the United 
                States; or
                    (ii) with respect to an article that is an article 
                of a Reconstruction Opportunity Zone in Afghanistan, 
                the sum of--
                            (I) the cost or value of the materials 
                        produced in 1 or more Reconstruction 
                        Opportunity Zones in Pakistan or Afghanistan;
                            (II) the cost or value of the materials 
                        produced in 1 or more countries that are 
                        members of the South Asian Association for 
                        Regional Cooperation;
                            (III) the direct costs of processing 
                        operations performed in 1 or more 
                        Reconstruction Opportunity Zones in Pakistan or 
                        Afghanistan; and
                            (IV) the cost or value of materials 
                        produced in the United States, determined in 
                        accordance with paragraph (2),
                is not less than 35 percent of the appraised value of 
                the article at the time it is entered into the United 
                States.
            (2) Determination of 35 percent for articles from 
        reconstruction opportunity zones in pakistan and afghanistan.--
        If the cost or value of materials produced in the customs 
        territory of the United States is included with respect to an 
        article described in paragraph (1)(B), for purposes of 
        determining the 35-percent appraised value requirement under 
        clause (i) or (ii) of paragraph (1)(B), not more than 15 
        percent of the appraised value of the article at the time the 
        article is entered into the United States may be attributable 
        to the cost or value of such United States materials.
    (d) Rules of Origin for Certain Articles of Reconstruction 
Opportunity Zones in Afghanistan.--
            (1) In general.--The duty-free treatment proclaimed with 
        respect to an article described in paragraph (2) of subsection 
        (a) shall apply to any article subject to such proclamation 
        which is the growth, product, or manufacture of 1 or more 
        Reconstruction Opportunity Zones in Afghanistan if--
                    (A) that article is imported directly from a 
                Reconstruction Opportunity Zone in Afghanistan into the 
                customs territory of the United States; and
                    (B) with respect to that article, the sum of--
                            (i) the cost or value of the materials 
                        produced in 1 or more Reconstruction 
                        Opportunity Zones in Afghanistan;
                            (ii) the cost or value of the materials 
                        produced in 1 or more countries that are 
                        members of the South Asian Association for 
                        Regional Cooperation;
                            (iii) the direct costs of processing 
                        operations performed in 1 or more 
                        Reconstruction Opportunity Zones in 
                        Afghanistan; and
                            (iv) the cost or value of materials 
                        produced in the United States, determined in 
                        accordance with paragraph (2),
                is not less than 35 percent of the appraised value of 
                the product at the time it is entered into the United 
                States.
            (2) Determination of 35 percent for articles from 
        reconstruction opportunity zones in pakistan and afghanistan.--
        If the cost or value of materials produced in the customs 
        territory of the United States is included with respect to an 
        article described in paragraph (1)(B), for purposes of 
        determining the 35-percent appraised value requirement under 
        paragraph (1)(B), not more than 15 percent of the appraised 
        value of the article at the time the article is entered into 
        the United States may be attributable to the cost or value of 
        such United States materials.
    (e) Exclusions.--An article shall not be treated as the growth, 
product, or manufacture of 1 or more Reconstruction Opportunity Zones, 
and no material shall be included for purposes of determining the 35-
percent appraised value requirement under subsection (c)(1) or (d)(1), 
by virtue of having merely undergone--
            (1) simple combining or packaging operations; or
            (2) mere dilution with water or with another substance that 
        does not materially alter the characteristics of the article or 
        material.
    (f) Direct Costs of Processing Operations.--
            (1) In general.--As used in subsections (c)(1)(B)(i)(II), 
        (c)(1)(B)(ii)(III), and (d)(1)(B)(iii), the term ``direct costs 
        of processing operations'' includes, but is not limited to--
                    (A) all actual labor costs involved in the growth, 
                production, manufacture, or assembly of the article, 
                including--
                            (i) fringe benefits;
                            (ii) on-the-job training; and
                            (iii) costs of engineering, supervisory, 
                        quality control, and similar personnel; and
                    (B) dies, molds, tooling, and depreciation on 
                machinery and equipment which are allocable to the 
                article.
            (2) Excluded costs.--As used in subsections 
        (c)(1)(B)(i)(II), (c)(1)(B)(ii)(III), and (d)(1)(B)(iii), the 
        term ``direct costs of processing operations'' does not include 
        costs which are not directly attributable to the article or are 
        not costs of manufacturing the article, such as--
                    (A) profit; and
                    (B) general expenses of doing business which are 
                either not allocable to the article or are not related 
                to the growth, production, manufacture, or assembly of 
                the article, such as administrative salaries, casualty 
                and liability insurance, advertising, and salesmen's 
                salaries, commissions, or expenses.
    (g) Regulations.--The Secretary of the Treasury, after consultation 
with the United States Trade Representative, shall prescribe such 
regulations as may be necessary to carry out this section. The 
regulations may provide that, in order for an article to be eligible 
for duty-free treatment under this section, the article--
            (1) shall be wholly the growth, product, or manufacture of 
        1 or more Reconstruction Opportunity Zones; or
            (2) shall be a new or different article of commerce which 
        has been grown, produced, or manufactured in 1 or more 
        Reconstruction Opportunity Zones.

SEC. 405. DUTY-FREE TREATMENT FOR CERTAIN TEXTILE AND APPAREL ARTICLES.

    (a)  Duty-free Treatment.--The President is authorized to proclaim 
duty-free treatment for any textile or apparel article described in 
subsection (b), if--
            (1) the article is a covered article described in 
        subsection (b); and
            (2) the President determines that the country in which the 
        Reconstruction Opportunity Zone is located has satisfied the 
        requirements set forth in section 406.
    (b) Covered Articles.--A covered article described in this 
subsection is an article in 1 of the following categories: 
            (1) Articles of reconstruction opportunity zones.--An 
        article that is the product of 1 or more Reconstruction 
        Opportunity Zones and falls within the scope of 1 of the 
        following textile and apparel category numbers, as set forth in 
        the HTS (as in effect on September 1, 2007):


237.........................  641.................  751
330.........................  642.................  752
331.........................  643.................  758
333.........................  644.................  759
334.........................  650.................  831
 335........................   651................  832
 336........................  653.................  833
341.........................  654.................  834
342.........................  665.................  835
350.........................  669.................  836
351.........................  733.................  838
353.........................  734.................  839
354.........................  735.................  840
360.........................  736.................  842
361.........................  738.................  843
362.........................  739.................  844
363.........................  740.................  845
369.........................  741.................  846
465.........................  742.................  850
469.........................  743.................  851
630.........................  744.................  852
631.........................  745.................  858
633.........................  746.................  859
634.........................  747.................  863
635.........................  748.................  899
636.........................  750
 

            (2) Articles of reconstruction opportunity zones in 
        afghanistan.--The article is the product of 1 or more 
        Reconstruction Opportunity Zones in Afghanistan and falls 
        within the scope of 1 of the following textile and apparel 
        category numbers, as set forth in the HTS (as in effect on 
        September 1, 2007):


201.........................  439.................  459
414.........................  440.................  464
431.........................  442.................  670
433.........................  444.................  800
434.........................  445.................  810
435.........................  446.................  870
436.........................  448.................  871
438
 

            (3) Certain other textile and apparel articles.--The 
        article is the product of 1 or more Reconstruction Opportunity 
        Zones and falls within the scope of 1 of the following textile 
        and apparel category numbers as set forth in the HTS (as in 
        effect on September 1, 2007) and is covered by the 
        corresponding description for such category:
                    (A) Category 239.--An article in category 239 
                (relating to cotton and man-made fiber babies' 
                garments) except for baby socks and baby booties 
                described in subheading 6111.20.6050, 6111.30.5050, or 
                6111.90.5050 of the HTS.
                    (B) Category 338.--An article in category 338 
                (relating to men's and boys' cotton knit shirts) if the 
                article is a certain knit-to-shape garment that meets 
                the definition included in Statistical Note 6 to 
                Chapter 61 of the HTS, and is provided for in 
                subheading 6110.20.1026, 6110.20.2067, or 6110.90.9067 
                of the HTS.
                    (C) Category 339.--An article in category 339 
                (relating to women's and girls' cotton knit shirts and 
                blouses) if the article is a knit-to-shape garment that 
                meets the definition included in Statistical Note 6 to 
                Chapter 61 of the HTS, and is provided for in 
                subheading 6110.20.1031, 6110.20.2077, or 6110.90.9071 
                of the HTS.
                    (D) Category 359.--An article in category 359 
                (relating to other cotton apparel) except swimwear 
                provided for in subheading 6112.39.0010, 6112.49.0010, 
                6211.11.8010, 6211.11.8020, 6211.12.8010, or 
                6211.12.8020 of the HTS.
                    (E) Category 632.--An article in category 632 
                (relating to man-made fiber hosiery) if the article is 
                panty hose provided for in subheading 6115.21.0020 of 
                the HTS.
                    (F) Category 638.--An article in category 638 
                (relating to men's and boys' man-made fiber knit 
                shirts) if the article is a knit-to-shape garment that 
                meets the definition included in Statistical Note 6 to 
                Chapter 61 of the HTS, and is provided for in 
                subheading 6110.30.2051, 6110.30.3051, or 6110.90.9079 
                of the HTS.
                    (G) Category 639.--An article in category 639 
                (relating to women's and girls' man-made fiber knit 
                shirts and blouses) if the article is a knit-to-shape 
                garment that meets the definition included in 
                Statistical Note 6 to Chapter 61 of the HTS, and is 
                provided for in subheading 6110.30.2061, 6110.30.3057, 
                or 6110.90.9081 of the HTS.
                    (H) Category 647.--An article in category 647 
                (relating to men's and boys' man-made fiber trousers) 
                if the article is ski/snowboard pants that meets the 
                definition included in Statistical Note 4 to Chapter 62 
                of the HTS, and is provided for in subheading 
                6203.43.3510, 6210.40.5031, or 6211.20.1525 of the HTS.
                    (I) Category 648.--An article in category 648 
                (relating to women's and girls' man-made fiber 
                trousers) if the article is ski/snowboard pants that 
                meets the definition included in Statistical Note 4 to 
                Chapter 62 of the HTS, and is provided for in 
                subheading 6204.63.3010, 6210.50.5031, or 6211.20.1555 
                of the HTS.
                    (J) Category 659.--An article in category 659 
                (relating to other man-made fiber apparel) except for 
                swimwear provided for in subheading 6112.31.0010, 
                6112.31.0020, 6112.41.0010, 6112.41.0020, 6112.41.0030, 
                6112.41.0040, 6211.11.1010, 6211.11.1020, 6211.12.1010, 
                or 6211.12.1020 of the HTS.
                    (K) Category 666.--An article in category 666 
                (relating to other man-made fiber furnishings) except 
                for window shades and window blinds provided for in 
                subheading 6303.12.0010 or 6303.92.2030 of the HTS.
            (4) Certain other articles.--The article is the product of 
        1 or more Reconstruction Opportunity Zones and falls within the 
        scope of 1 of the following statistical reporting numbers of 
        the HTS (as in effect on September 1, 2007):


4202.12.8010................  6210.20.3000........  6304.99.1000
4202.12.8050................  6210.20.7000........  6304.99.2500
4202.22.4010................  6210.30.3000........  6304.99.4000
4202.22.7000................  6210.30.7000........  6304.99.6030
4202.22.8070................  6210.40.3000........  6306.22.9010
4202.92.3010................  6210.40.7000........  6306.29.1100
4202.92.6010................  6210.50.3000........  6306.29.2100
4202.92.9010................  6210.50.7000........  6306.40.4100
4202.92.9015................  6211.20.0810........  6306.40.4900
5601.29.0010................  6211.20.0820........  6306.91.0000
5702.39.2090................  6211.32.0003........  6306.99.0000
5702.49.2000................  6211.33.0003........  6307.10.2030
5702.50.5900................  6211.42.0003........  6307.20.0000
5702.99.2000................  6211.43.0003........  6307.90.7200
5703.90.0000................  6212.10.3000........  6307.90.7500
5705.00.2090................  6212.10.7000........  6307.90.8500
6108.22.1000................  6212.90.0050........  6307.90.8950
6111.90.7000................  6213.90.0500........  6307.90.8985
6113.00.1005................  6214.10.1000........  6310.90.1000
6113.00.1010................  6216.00.0800........  6406.99.1580
6113.00.1012................  6216.00.1300........  6501.00.6000
6115.29.4000................  6216.00.1900........  6502.00.2000
6115.30.1000................  6216.00.2600........  6502.00.4000
6115.99.4000................  6216.00.3100........  6502.00.9060
6116.10.0800................  6216.00.3500........  6504.00.3000
6116.10.1300................  6216.00.4600........  6504.00.6000
6116.10.4400................  6217.10.1010........  6504.00.9045
6116.10.6500................  6217.10.8500........  6504.00.9075
6116.10.9500................  6301.90.0020........  6505.10.0000
6116.92.0800................  6302.29.0010........  6505.90.8015
6116.93.0800................  6302.39.0020........  6505.90.9050
6116.99.3500................  6302.59.3010........  6505.90.9076
6117.10.4000................  6302.99.1000........  9404.90.2000
6117.80.3010................  6303.99.0030........  9404.90.8523
6117.80.8500................  6304.19.3030........  9404.90.9523
6210.10.2000................  6304.91.0060........  9404.90.9570
6210.10.7000
 

    (c) Rules of Origin for Certain Covered Articles.--
            (1) General rules.--Except with respect to an article 
        listed in paragraph (2) of subsection (b), duty-free treatment 
        may be proclaimed for an article listed in subsection (b) only 
        if the article is imported directly into the customs territory 
        of the United States from a Reconstruction Opportunity Zone 
        and--
                    (A) the article is wholly the growth, product, or 
                manufacture of 1 or more Reconstruction Opportunity 
                Zones;
                    (B) the article is a yarn, thread, twine, cordage, 
                rope, cable, or braiding, and--
                            (i) the constituent staple fibers are spun 
                        in; or
                            (ii) the continuous filament fiber is 
                        extruded in,
                1 or more Reconstruction Opportunity Zones;
                    (C) the article is a fabric, including a fabric 
                classifiable under chapter 59 of the HTS, and the 
                constituent fibers, filaments, or yarns are woven, 
                knitted, needled, tufted, felted, entangled, or 
                transformed by any other fabric-making process in 1 or 
                more Reconstruction Opportunity Zones; or
                    (D) the article is any other textile or apparel 
                article that is cut (or knit-to-shape) and sewn or 
                otherwise assembled in 1 or more Reconstruction 
                Opportunity Zones from its component pieces.
            (2) Special rules.--
                    (A) Certain made-up articles, textile articles in 
                the piece, and certain other textiles and textile 
                articles.--Notwithstanding paragraph (1)(D) and except 
                as provided in subparagraphs (C) and (D) of this 
                paragraph, subparagraph (A), (B), or (C) of paragraph 
                (1), as appropriate, shall determine whether a good 
                that is classifiable under 1 of the following headings 
                or subheadings of the HTS shall be considered to meet 
                the rules of origin of this subsection: 5609, 5807, 
                5811, 6209.20.50.40, 6213, 6214, 6301, 6302, 6303, 
                6304, 6305, 6306, 6307.10, 6307.90, 6308, and 9404.90.
                    (B) Certain knit-to-shape textiles and textile 
                articles.--Notwithstanding paragraph (1)(D) and except 
                as provided in subparagraphs (C) and (D) of this 
                paragraph, a textile or apparel article that is wholly 
                formed on seamless knitting machines or by hand-
                knitting in 1 or more Reconstruction Opportunity Zones 
                shall be considered to meet the rules of origin of this 
                subsection.
                    (C) Certain dyed and printed textiles and textile 
                articles.--Notwithstanding paragraph (1)(D), an article 
                classifiable under subheading 6117.10, 6213.00, 
                6214.00, 6302.22, 6302.29, 6302.52, 6302.53, 6302.59, 
                6302.92, 6302.93, 6302.99, 6303.92, 6303.99, 6304.19, 
                6304.93, 6304.99, 9404.90.85, or 9404.90.95 of the HTS, 
                except for an article classifiable under 1 of such 
                subheadings as of cotton or of wool or consisting of 
                fiber blends containing 16 percent or more by weight of 
                cotton, shall be considered to meet the rules of origin 
                of this subsection if the fabric in the article is both 
                dyed and printed in 1 or more Reconstruction 
                Opportunity Zones, and such dyeing and printing is 
                accompanied by 2 or more of the following finishing 
                operations: bleaching, shrinking, fulling, napping, 
                decating, permanent stiffening, weighting, permanent 
                embossing, or moireing.
                    (D) Fabrics of silk, cotton, man-made fiber, or 
                vegetable fiber.--Notwithstanding paragraph (1)(C), a 
                fabric classifiable under the HTS as of silk, cotton, 
                man-made fiber, or vegetable fiber shall be considered 
                to meet the rules of origin of this subsection if the 
                fabric is both dyed and printed in 1 or more 
                Reconstruction Opportunity Zones, and such dyeing and 
                printing is accompanied by 2 or more of the following 
                finishing operations: bleaching, shrinking, fulling, 
                napping, decating, permanent stiffening, weighting, 
                permanent embossing, or moireing.
    (d) Rules of Origin for Covered Articles That Are Products of 1 or 
More Reconstruction Opportunity Zones in Afghanistan.--
            (1) General rules.--Duty-free treatment may be proclaimed 
        for an article listed in paragraph (2) of subsection (b) only 
        if the article is imported directly into the customs territory 
        of the United States from a Reconstruction Opportunity Zone in 
        Afghanistan and--
                    (A) the article is wholly the growth, product, or 
                manufacture of 1 or more Reconstruction Opportunity 
                Zones in Afghanistan;
                    (B) the article is a yarn, thread, twine, cordage, 
                rope, cable, or braiding, and--
                            (i) the constituent staple fibers are spun 
                        in; or
                            (ii) the continuous filament fiber is 
                        extruded in,
                1 or more Reconstruction Opportunity Zones in 
                Afghanistan;
                    (C) the article is a fabric, including a fabric 
                classifiable under chapter 59 of the HTS, and the 
                constituent fibers, filaments, or yarns are woven, 
                knitted, needled, tufted, felted, entangled, or 
                transformed by any other fabric-making process in 1 or 
                more Reconstruction Opportunity Zones in Afghanistan; 
                or
                    (D) the article is any other textile or apparel 
                article that is cut (or knit-to-shape) and sewn or 
                otherwise assembled in 1 or more Reconstruction 
                Opportunity Zones in Afghanistan from its component 
                pieces.
            (2) Special rules.--
                    (A) Certain made-up articles, textile articles in 
                the piece, and certain other textiles and textile 
                articles.--Notwithstanding paragraph (1)(D) and except 
                as provided in subparagraphs (C) and (D) of this 
                paragraph, subparagraph (A), (B), or (C) of paragraph 
                (1), as appropriate, shall determine whether a good 
                that is classifiable under 1 of the following headings 
                or subheadings of the HTS shall be considered to meet 
                the rules of origin of this subsection: 5609, 5807, 
                5811, 6209.20.50.40, 6213, 6214, 6301, 6302, 6303, 
                6304, 6305, 6306, 6307.10, 6307.90, 6308, and 9404.90.
                    (B) Certain knit-to-shape textiles and textile 
                articles.--Notwithstanding paragraph (1)(D) and except 
                as provided in subparagraphs (C) and (D) of this 
                paragraph, a textile or apparel article that is wholly 
                formed on seamless knitting machines or by hand-
                knitting in 1 or more Reconstruction Opportunity Zones 
                in Afghanistan shall be considered to meet the rules of 
                origin of this subsection.
                    (C) Certain dyed and printed textiles and textile 
                articles.--Notwithstanding paragraph (1)(D), an article 
                classifiable under subheading 6117.10, 6213.00, 
                6214.00, 6302.22, 6302.29, 6302.52, 6302.53, 6302.59, 
                6302.92, 6302.93, 6302.99, 6303.92, 6303.99, 6304.19, 
                6304.93, 6304.99, 9404.90.85, or 9404.90.95 of the HTS, 
                except for an article classifiable under 1 of such 
                subheadings as of cotton or of wool or consisting of 
                fiber blends containing 16 percent or more by weight of 
                cotton, shall be considered to meet the rules of origin 
                of this subsection if the fabric in the article is both 
                dyed and printed in 1 or more Reconstruction 
                Opportunity Zones in Afghanistan, and such dyeing and 
                printing is accompanied by 2 or more of the following 
                finishing operations: bleaching, shrinking, fulling, 
                napping, decating, permanent stiffening, weighting, 
                permanent embossing, or moireing.
                    (D) Fabrics of silk, cotton, man-made fiber or 
                vegetable fiber.--Notwithstanding paragraph (1)(C), a 
                fabric classifiable under the HTS as of silk, cotton, 
                man-made fiber, or vegetable fiber shall be considered 
                to meet the rules of origin of this subsection if the 
                fabric is both dyed and printed in 1 or more 
                Reconstruction Opportunity Zones in Afghanistan, and 
                such dyeing and printing is accompanied by 2 or more of 
                the following finishing operations: bleaching, 
                shrinking, fulling, napping, decating, permanent 
                stiffening, weighting, permanent embossing, or 
                moireing.
    (e) Regulations.--The Secretary of the Treasury, after consultation 
with the United States Trade Representative, shall prescribe such 
regulations as may be necessary to carry out this section.

SEC. 406. PROTECTIONS AGAINST UNLAWFUL TRANSSHIPMENT.

    (a) Duty-free Treatment Conditioned on Enforcement Measures.--
            (1) In general.--The duty-free treatment described in 
        section 405 shall not be provided to covered articles that are 
        imported from a Reconstruction Opportunity Zone in a country 
        unless the President determines that country meets the 
        following criteria:
                    (A) The country has adopted--
                            (i) an effective visa or electronic 
                        certification system; and
                            (ii) domestic laws and enforcement 
                        procedures applicable to covered articles to 
                        prevent unlawful transshipment of the articles 
                        and the use of false documents relating to the 
                        importation of the articles into the United 
                        States.
                    (B) The country has enacted legislation or 
                promulgated regulations that would permit U.S. Customs 
                and Border Protection verification teams to have the 
                access necessary to investigate thoroughly allegations 
                of unlawful transshipment through such country.
                    (C) The country agrees to provide U.S. Customs and 
                Border Protection with a monthly report on shipments of 
                covered articles from each producer of those articles 
                in a Reconstruction Opportunity Zone in that country.
                    (D) The country will cooperate fully with the 
                United States to address and take action necessary to 
                prevent circumvention, as described in Article 5 of the 
                Agreement on Textiles and Clothing.
                    (E) The country agrees to require each producer of 
                a covered article in a Reconstruction Opportunity Zone 
                in that country to register with the competent 
                government authority, to provide that authority with 
                the following information, and to update that 
                information as changes occur:
                            (i) The name and address of the producer, 
                        including the location of all textile or 
                        apparel facilities owned or operated by that 
                        producer in Afghanistan or Pakistan.
                            (ii) The telephone number, facsimile 
                        number, and electronic mail address of the 
                        producer.
                            (iii) The names and nationalities of the 
                        producer's owners, directors, and corporate 
                        officers, and their positions.
                            (iv) The number of employees the producer 
                        employs and their occupations.
                            (v) A general description of the covered 
                        articles of the producer and the producer's 
                        production capacity.
                            (vi) The number and type of machines the 
                        producer uses to produce textile or apparel 
                        articles at each facility.
                            (vii) The approximate number of hours the 
                        machines operate per week.
                            (viii) The identity of any supplier to the 
                        producer of textile or apparel goods, or 
                        fabrics, yarns, or fibers used in the 
                        production of textile or apparel goods.
                            (ix) The name of, and contact information 
                        for, each of the producer's customers in the 
                        United States.
                    (F) The country agrees to provide to U.S. Customs 
                and Border Protection on a timely basis all of the 
                information received by the competent government 
                authority in accordance with subparagraph (E) and to 
                provide U.S. Customs and Border Protection with an 
                annual update of that information.
                    (G) The country agrees to require that all 
                producers and exporters of covered articles in a 
                Reconstruction Opportunity Zone in that country 
                maintain complete records of the production and the 
                export of covered articles, including materials used in 
                the production, for at least 5 years after the 
                production or export (as the case may be).
                    (H) The country agrees to provide, on a timely 
                basis, at the request of U.S. Customs and Border 
                Protection, documentation establishing the eligibility 
                of covered articles for duty-free treatment under 
                section 405.
            (2) Documentation establishing eligibility of articles for 
        duty-free treatment.--For purposes of paragraph (1)(H), 
        documentation establishing the eligibility of a covered article 
        for duty-free treatment under section 405 includes 
        documentation such as production records, information relating 
        to the place of production, the number and identification of 
        the types of machinery used in production, the number of 
        workers employed in production, and certification from both the 
        producer and the exporter.
    (b) Customs Procedures and Enforcement.--
            (1) In general.--
                    (A) Regulations.--The Secretary of the Treasury, 
                after consultation with the United States Trade 
                Representative, shall promulgate regulations setting 
                forth customs procedures similar in all material 
                respects to the requirements of article 502(1) of the 
                NAFTA as implemented pursuant to United States law, 
                which shall apply to any importer that claims duty-free 
                treatment for an article under section 405.
                    (B) Determination.--In order for articles produced 
                in a Reconstruction Opportunity Zone to qualify for the 
                duty-free treatment under section 405, there shall be 
                in effect a determination by the President that 
                Afghanistan or Pakistan, as the case may be--
                            (i) has implemented and follows; or
                            (ii) is making substantial progress toward 
                        implementing and following,
                procedures and requirements similar in all material 
                respects to the relevant procedures and requirements 
                under chapter 5 of the NAFTA.
            (2) Certificate of origin.--A certificate of origin that 
        otherwise would be required pursuant to the provisions of 
        paragraph (1) shall not be required in the case of an article 
        imported under section 405 if such certificate of origin would 
        not be required under article 503 of the NAFTA, as implemented 
        pursuant to United States law, if the article were imported 
        from Mexico.
            (3) Penalties.--If the President determines, based on 
        sufficient evidence, that an entity has engaged in unlawful 
        transshipment described in paragraph (4), the President shall 
        deny for a period of 5 years beginning on the date of the 
        determination all benefits under section 405 to the entity, any 
        successor of the entity, and any other entity owned, operated, 
        or controlled by the principals of the entity.
            (4) Unlawful transshipment described.--For purposes of this 
        section, unlawful transshipment occurs when duty-free treatment 
        for a covered article has been claimed on the basis of material 
        false information concerning the country of origin, 
        manufacture, processing, or assembly of the article or any of 
        its components. For purposes of the preceding sentence, false 
        information is material if disclosure of the true information 
        would mean or would have meant that the article is or was 
        ineligible for duty-free treatment under section 405.
            (5) Monitoring and reports to congress.--U.S. Customs and 
        Border Protection shall monitor and the Commissioner 
        responsible for U.S. Customs and Border Protection shall submit 
        to Congress, not later than March 31 of each year, a report on 
        the effectiveness of the visa or electronic certification 
        systems and the implementation of legislation and regulations 
        described in subsection (a) and on measures taken by 
        Afghanistan and Pakistan to prevent circumvention as described 
        in article 5 of the Agreement on Textile and Clothing.
    (c) Additional Customs Enforcement.--U.S. Customs and Border 
Protection shall--
            (1) make available technical assistance to Afghanistan and 
        Pakistan--
                    (A) in the development and implementation of visa 
                or electronic certification systems, legislation, and 
                regulations described in subsection (a)(1)(A) and (B); 
                and
                    (B) to train their officials in anti-transshipment 
                enforcement;
            (2) send production verification teams to Afghanistan and 
        Pakistan as necessary; and
            (3) to the extent feasible, place Afghanistan and Pakistan 
        on a relevant e-certification program.
    (d) Authorization of Appropriations.--To carry out subsection (c), 
there are authorized to be appropriated to U.S. Customs and Border 
Protection $10,000,000 for each of the fiscal years 2010 through 2023.

SEC. 407. TECHNICAL ASSISTANCE, CAPACITY BUILDING, COMPLIANCE 
              ASSESSMENT, AND REMEDIATION PROGRAM.

    (a) Definitions.--In this section:
            (1) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means--
                    (A) the Committee on Finance and the Committee on 
                Armed Services of the Senate; and
                    (B) the Committee on Ways and Means and the 
                Committee on Armed Services of the House of 
                Representatives.
            (2) Textile or apparel producer.--The term ``textile or 
        apparel producer'' means a producer of a covered article 
        described in section 405(b) that is located in a Reconstruction 
        Opportunity Zone.
    (b) Eligibility.--
            (1) Presidential certification of compliance by afghanistan 
        or pakistan with requirements.--Upon the expiration of the 16-
        month period beginning on the date on which the President 
        designates an area within Afghanistan or Pakistan, as the case 
        may be, as a Reconstruction Opportunity Zone under section 
        403(a), duty-free treatment proclaimed under section 404(a) or 
        405(a) for articles from such Reconstruction Opportunity Zone 
        may remain in effect only if the President determines and 
        certifies to Congress that Afghanistan or Pakistan, as the case 
        may be--
                    (A) has implemented the requirements set forth in 
                subsections (c) and (d) with respect to such 
                Reconstruction Opportunity Zone; and
                    (B) has agreed to require textile or apparel 
                producers in such Reconstruction Opportunity Zone to 
                participate in the program described in subsection (d) 
                and has developed a system to ensure participation in 
                such program by such producers, including by developing 
                and maintaining the registry described in subsection 
                (c)(2)(A).
            (2) Extension.--
                    (A) Initial extension.--The President may extend 
                the period for compliance by Afghanistan or Pakistan 
                under paragraph (1) for an initial 6-month period if 
                the President--
                            (i) determines that Afghanistan or 
                        Pakistan, as the case may be, has made a good 
                        faith effort toward implementing the 
                        requirements set forth in paragraph (1) (A) and 
                        (B) and has agreed to take additional steps 
                        towards implementing such requirements that are 
                        satisfactory to the President; and
                            (ii) provides to the appropriate 
                        congressional committees, not later than 30 
                        days before the last day of the 16-month period 
                        specified in paragraph (1), a report 
                        identifying the additional steps that 
                        Afghanistan or Pakistan, as the case may be, 
                        has agreed to take as described in clause (i).
                    (B) Subsequent extensions.--The President may 
                extend the period for compliance by Afghanistan or 
                Pakistan under paragraph (1) for subsequent 6-month 
                periods if, with respect to each such extension, the 
                President--
                            (i) provides an opportunity for public 
                        comment and a public hearing on the possible 
                        extension not later than 45 days before the 
                        last day of the existing 6-month extension;
                            (ii) consults with the Secretary of Labor 
                        and the appropriate congressional committees 
                        with respect to the possible extension not 
                        later than 45 days before the last day of the 
                        existing 6-month extension;
                            (iii) determines, taking into account any 
                        public comments and input received during the 
                        public hearing described in clause (i) and the 
                        consultations described in clause (ii), that 
                        extraordinary circumstances exist that preclude 
                        Afghanistan or Pakistan, as the case may be, 
                        from meeting the requirements set forth in 
                        paragraph (1) (A) and (B); and
                            (iv) publishes in the Federal Register a 
                        notice that describes--
                                    (I) the extraordinary circumstances 
                                described in clause (iii);
                                    (II) the reasons why the 
                                extraordinary circumstances preclude 
                                Afghanistan or Pakistan, as the case 
                                may be, from meeting the requirements 
                                set forth in paragraph (1) (A) and (B); 
                                and
                                    (III) the steps Afghanistan or 
                                Pakistan, as the case may be, will take 
                                during the 6-month period of the 
                                extension to implement the requirements 
                                set forth in paragraph (1) (A) and (B).
            (3) Continuing compliance.--
                    (A) Termination of duty-free treatment.--If, after 
                making a certification under paragraph (1), the 
                President determines that Afghanistan or Pakistan is no 
                longer meeting the requirements set forth in paragraph 
                (1) (A) and (B), the President shall terminate the 
                duty-free treatment proclaimed under section 404(a) or 
                405(a).
                    (B) Continuation of duty-free treatment 
                notwithstanding noncompliance.--
                            (i) Initial 6-month continuation.--
                        Notwithstanding subparagraph (A), if, after 
                        making a certification under paragraph (1), the 
                        President determines that Afghanistan or 
                        Pakistan is no longer meeting the requirements 
                        set forth in paragraph (1) (A) and (B), the 
                        President may extend the duty-free treatment 
                        proclaimed under section 404(a) or 405(a) for 
                        an initial 6-month period if the President--
                                    (I) determines, after consultation 
                                with the Secretary of Labor and the 
                                appropriate congressional committees, 
                                that extraordinary circumstances exist 
                                that preclude Afghanistan or Pakistan, 
                                as the case may be, from continuing to 
                                meet the requirements set forth in 
                                paragraph (1) (A) and (B); and
                                    (II) publishes in the Federal 
                                Register a notice, not later than 30 
                                days after making the determination 
                                under subclause (I), that describes--
                                            (aa) the extraordinary 
                                        circumstances described in 
                                        subclause (I); and
                                            (bb) the reasons why the 
                                        extraordinary circumstances 
                                        preclude Afghanistan or 
                                        Pakistan, as the case may be, 
                                        from continuing to meet the 
                                        requirements set forth in 
                                        paragraph (1) (A) and (B).
                            (ii) Subsequent 6-month continuation.--The 
                        President may extend the duty-free treatment 
                        proclaimed under section 404(a) or 405(a) for a 
                        subsequent 6-month period if, with respect to 
                        such extension, the President makes a 
                        determination that meets the requirements of 
                        clause (i)(I) and publishes in the Federal 
                        Register a notice that meets the requirements 
                        of clause (i)(II).
                    (C) Subsequent compliance.--If the President, after 
                terminating duty-free treatment under subparagraph (A), 
                determines that Afghanistan or Pakistan, as the case 
                may be, is implementing the requirements set forth in 
                paragraph (1) (A) and (B) and meets the requirements of 
                section 403, the President shall reinstate the 
                application of duty-free treatment proclaimed under 
                section 404(a) or 405(a).
    (c) Labor Official.--
            (1) In general.--The requirement under this subsection is 
        that Afghanistan or Pakistan, as the case may be, has 
        designated a labor official within the national government 
        that--
                    (A) reports directly to the President of 
                Afghanistan or Pakistan, as the case may be;
                    (B) is chosen by the President of Afghanistan or 
                Pakistan, as the case may be, in consultation with 
                labor unions and industry associations; and
                    (C) is vested with the authority to perform the 
                functions described in paragraph (2).
            (2) Functions.--The functions of the labor official shall 
        include--
                    (A) developing and maintaining a registry of 
                textile or apparel producers, and developing, in 
                consultation and coordination with any other 
                appropriate officials of the Government of Afghanistan 
                or Pakistan, as the case may be, a system to ensure 
                participation by such producers in the program 
                described in subsection (d);
                    (B) overseeing the implementation of the program 
                described in subsection (d);
                    (C) receiving and investigating comments from any 
                interested party regarding the conditions described in 
                subsection (d)(2) in facilities of textile or apparel 
                producers listed in the registry described in 
                subparagraph (A) and, where appropriate, referring such 
                comments or the result of such investigations to the 
                appropriate authorities of Afghanistan or Pakistan, as 
                the case may be, and to the entity operating the 
                program described in subsection (d);
                    (D) assisting, in consultation and coordination 
                with any other appropriate authorities of Afghanistan 
                or Pakistan, as the case may be, textile or apparel 
                producers listed in the registry described in 
                subparagraph (A) in meeting the conditions set forth in 
                subsection (d)(2); and
                    (E) coordinating, with the assistance of the entity 
                operating the program described in subsection (d), a 
                tripartite committee comprised of appropriate 
                representatives of government agencies, employers, and 
                workers, as well as other relevant interested parties, 
                for the purposes of evaluating progress in implementing 
                the program described in subsection (d), and consulting 
                on improving core labor standards and working 
                conditions in the textile and apparel sector in 
                Afghanistan or Pakistan, as the case may be, and on 
                other matters of common concern relating to such core 
                labor standards and working conditions.
    (d) Technical Assistance, Capacity Building, Compliance Assessment, 
and Remediation Program.--
            (1) In general.--The requirement under this subsection is 
        that Afghanistan or Pakistan, as the case may be, in 
        cooperation with the entity designated by the Secretary of 
        Labor under paragraph (3)(A)(i), has established a program 
        meeting the requirements under paragraph (3)--
                    (A) to assess compliance by textile or apparel 
                producers listed in the registry described in 
                subsection (c)(2)(A) with the conditions set forth in 
                paragraph (2) and to assist such producers in meeting 
                such conditions; and
                    (B) to provide assistance to improve the capacity 
                of the Government of Afghanistan or Pakistan, as the 
                case may be--
                            (i) to inspect facilities of textile or 
                        apparel producers listed in the registry 
                        described in subsection (c)(2)(A); and
                            (ii) to enforce national labor laws and 
                        resolve labor disputes, including through 
                        measures described in paragraph (5).
            (2) Conditions described.--The conditions referred to in 
        paragraph (1) are--
                    (A) compliance with core labor standards; and
                    (B) compliance with the labor laws of Afghanistan 
                or Pakistan, as the case may be, that relate directly 
                to core labor standards and to ensuring acceptable 
                conditions of work with respect to minimum wages, hours 
                of work, and occupational health and safety.
            (3) Requirements.--The requirements for the program are 
        that the program--
                    (A) is operated by an entity that--
                            (i) is designated by the Secretary of 
                        Labor, in consultation with appropriate 
                        officials of the Government of Afghanistan or 
                        Pakistan, as the case may be;
                            (ii) operates independently of the 
                        Government of Afghanistan or Pakistan, as the 
                        case may be;
                            (iii) has expertise relating to monitoring 
                        of core labor standards;
                            (iv) if the entity designated under clause 
                        (i) is an entity other than the International 
                        Labor Organization, is subject to evaluation by 
                        the International Labor Organization at the 
                        request of the Secretary of Labor, including--
                                    (I) annual review of the operation 
                                of the program; and
                                    (II) annual recommendations to the 
                                entity operating the program, the 
                                Government of Afghanistan or Pakistan, 
                                as the case may be, and the Secretary 
                                of Labor to improve the operation of 
                                the program;
                            (v) prepares the annual report described in 
                        paragraph (4);
                    (B) is developed through a participatory process 
                that includes the labor official described in 
                subsection (c) of Afghanistan or Pakistan, as the case 
                may be, and appropriate representatives of government 
                agencies, employers, and workers;
                    (C) assess compliance by each textile or apparel 
                producer listed in the registry described in subsection 
                (c)(2)(A) with the conditions set forth in paragraph 
                (2) and identify any deficiencies by such producer with 
                respect to meeting such conditions, including by--
                            (i) conducting site visits to facilities of 
                        the producer;
                            (ii) conducting confidential interviews 
                        with workers and management of the facilities 
                        of the producer; and
                            (iii) providing to management and workers, 
                        and where applicable, worker organizations of 
                        the producer, on a confidential basis--
                                    (I) the results of the assessment 
                                carried out under this subparagraph; 
                                and
                                    (II) specific suggestions for 
                                remediating any such deficiencies;
                    (D) assist the textile or apparel producer in 
                remediating any deficiencies identified under 
                subparagraph (C);
                    (E) conduct prompt follow-up site visits to the 
                facilities of the textile or apparel producer to assess 
                progress on remediation of any deficiencies identified 
                under subparagraph (C); and
                    (F) provide training to workers and management of 
                the textile or apparel producer, and where appropriate, 
                to other persons or entities, to promote compliance 
                with paragraph (2).
            (4) Annual report.--The annual report referred to in 
        paragraph (3)(A)(v) is a report, by the entity operating the 
        program, that is published (and available to the public in a 
        readily accessible manner) on an annual basis, beginning 1 year 
        after Afghanistan or Pakistan, as the case may be, has 
        implemented a program under this subsection, covering the 
        preceding 1-year period, and that includes the following:
                    (A) The name of each textile or apparel producer 
                listed in the registry described in subsection 
                (c)(2)(A) that has been in operation in the 
                Reconstruction Opportunity Zone for at least 1 year and 
                has been identified as having met the conditions under 
                paragraph (2).
                    (B) The name of each textile or apparel producer 
                listed in the registry described in subsection 
                (c)(2)(A) that has been in operation in the 
                Reconstruction Opportunity Zone for at least 1 year and 
                has been identified as having deficiencies with respect 
                to the conditions under paragraph (2), and has failed 
                to remedy such deficiencies.
                    (C) For each textile or apparel producer listed 
                under subparagraph (B)--
                            (i) a description of the deficiencies found 
                        to exist and the specific suggestions for 
                        remediating such deficiencies made by the 
                        entity operating the program;
                            (ii) a description of the efforts by the 
                        producer to remediate the deficiencies, 
                        including a description of assistance provided 
                        by any entity to assist in such remediation; 
                        and
                            (iii) with respect to deficiencies that 
                        have not been remediated, the amount of time 
                        that has elapsed since the deficiencies were 
                        first identified in a report under this 
                        subparagraph.
                    (D) For each textile or apparel producer identified 
                as having deficiencies with respect to the conditions 
                described under paragraph (2) in a prior report under 
                this paragraph, a description of the progress made in 
                remediating such deficiencies since the submission of 
                the prior report, and an assessment of whether any 
                aspect of such deficiencies persists.
            (5) Capacity building.--The assistance to the Government of 
        Afghanistan or Pakistan referred to in paragraph (1)(B) shall 
        include programs--
                    (A) to review the labor laws and regulations of 
                Afghanistan or Pakistan, as the case may be, and to 
                develop and implement strategies for improving such 
                labor laws and regulations;
                    (B) to develop additional strategies for protecting 
                core labor standards and providing acceptable 
                conditions of work with respect to minimum wages, hours 
                of work, and occupational safety and health, including 
                through legal, regulatory, and institutional reform;
                    (C) to increase awareness of core labor standards 
                and national labor laws;
                    (D) to promote consultation and cooperation between 
                government representatives, employers, worker 
                representatives, and United States importers on matters 
                relating to core labor standards and national labor 
                laws;
                    (E) to assist the labor official of Afghanistan or 
                Pakistan, as the case may be, designated pursuant to 
                subsection (c) in establishing and coordinating 
                operation of the committee described in subsection 
                (c)(2)(E);
                    (F) to assist worker representatives in more fully 
                and effectively advocating on behalf of their members; 
                and
                    (G) to provide on-the-job training and technical 
                assistance to labor inspectors, judicial officers, and 
                other relevant personnel to build their capacity to 
                enforce national labor laws and resolve labor disputes.
    (e) Compliance With Eligibility Criteria.--
            (1) Country compliance with core labor standards 
        eligibility criteria.--In making a determination of whether 
        Afghanistan or Pakistan is meeting the eligibility requirement 
        set forth in section 403(b)(1)(E) relating to core labor 
        standards, the President shall consider any reports produced 
        under subsection (d)(4) and acceptable conditions of work with 
        respect to minimum wages, hours of work, and occupational 
        health and safety.
            (2) Producer eligibility.--
                    (A) Identification of producers.--
                            (i) In general.--Except as provided in 
                        clause (ii), beginning 2 years after the 
                        President makes the certification under 
                        subsection (b)(1), the President shall identify 
                        on a biennial basis whether a textile or 
                        apparel producer listed in the registry 
                        described in subsection (c)(2)(A) and in 
                        operation for at least 1 year has failed to 
                        comply with core labor standards and with the 
                        labor laws of Afghanistan or Pakistan, as the 
                        case may be, that directly relate to and are 
                        consistent with core labor standards.
                            (ii) Exception.--The President may identify 
                        a textile or apparel producer at any time under 
                        clause (i) if the evidence warrants such a 
                        review.
                    (B) Assistance to producers; withdrawal, etc., of 
                duty-free treatment.--For each textile or apparel 
                producer that the President identifies under 
                subparagraph (A), the President shall seek to assist 
                such producer in coming into compliance with core labor 
                standards and with the labor laws of Afghanistan or 
                Pakistan, as the case may be, that directly relate to 
                and are consistent with core labor standards. If, 
                within a reasonable period of time, such efforts fail, 
                the President shall withdraw, suspend, or limit the 
                application of duty-free treatment to textile and 
                apparel covered articles of such producer.
                    (C) Reinstating duty-free treatment.--If the 
                President, after withdrawing, suspending, or limiting 
                the application of duty-free treatment under 
                subparagraph (B) to articles of a textile or apparel 
                producer, determines that such producer is complying 
                with core labor standards and with the labor laws of 
                Afghanistan or Pakistan, as the case may be, that 
                directly relate to and are consistent with core labor 
                standards, the President shall reinstate the 
                application of duty-free treatment under section 405 to 
                the textile and apparel covered articles of such 
                producer.
                    (D) Consideration of reports.--In making the 
                identification under subparagraph (A) and the 
                determination under subparagraph (C), the President 
                shall consider the reports made available under 
                subsection (d)(4).
    (f) Reports by the President.--
            (1) In general.--Not later than 1 year after the date of 
        the enactment of this Act, and annually thereafter, the 
        President shall transmit to the appropriate congressional 
        committees a report on the implementation of this section 
        during the preceding 1-year period.
            (2) Matters to be included.--Each report required by 
        paragraph (1) shall include the following:
                    (A) An explanation of the efforts of Afghanistan 
                and Pakistan, the President, and entity designated by 
                the Secretary of Labor to carry out this section.
                    (B) A summary of each report produced under 
                subsection (d)(4) during the preceding 1-year period 
                and a summary of the findings contained in such report.
                    (C) Identifications made under subsection (e)(2)(A) 
                and determinations made under subsection (e)(2)(C).
    (g) Evaluation and Report by Secretary of Labor.--
            (1) Evaluation.--The Secretary of Labor shall evaluate the 
        monitoring program established under this section to determine 
        ways to improve adoption and adherence to core labor standards 
        and acceptable conditions of work with respect to minimum 
        wages, hours of work, and occupational health and safety. To 
        the extent that producers of nontextile or nonapparel articles 
        described in section 404 of this division have established 
        operations in Reconstruction Opportunity Zones, the report 
        shall also evaluate options for expanding the program to 
        include such producers.
            (2) Report.--Not later than 1 year after the date on which 
        Afghanistan or Pakistan, as the case may be, has implemented a 
        program under this section, the Secretary of Labor shall submit 
        to the appropriate congressional committees a report that 
        contains the results of the evaluation required under paragraph 
        (1) and recommendations to improve the program under this 
        section and, if applicable, to expand the program to include 
        producers of nontextile or nonapparel articles.
            (3) Authorization of appropriations.--There is authorized 
        to be appropriated to the Secretary of Labor such sums as may 
        be necessary to carry out this subsection.
    (h) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section (other than subsection (g)) 
$20,000,000 for the period beginning on October 1, 2009, and ending on 
September 30, 2023.

SEC. 408. PETITION PROCESS.

    Any interested party may file a request to have the status of 
Afghanistan or Pakistan reviewed with respect to the eligibility 
requirements listed in this title, and the President shall provide for 
this purpose the same procedures as those that are provided for 
reviewing the status of eligible beneficiary developing countries with 
respect to the designation criteria listed in subsections (b) and (c) 
of section 502 of the Trade Act of 1974 (19 U.S.C. 2462 (b) and (c)).

SEC. 409. LIMITATIONS ON PROVIDING DUTY-FREE TREATMENT.

    (a) In General.--
            (1) Proclamation.--Except as provided in paragraph (2), and 
        subject to subsection (b) and the conditions described in 
        sections 403 through 407 of this division, the President shall 
        exercise the President's authority under this title, and the 
        President shall proclaim any duty-free treatment pursuant to 
        that authority.
            (2) Waiver.--The President may waive the application of 
        this title if the President determines that providing such 
        treatment is inconsistent with the national interests of the 
        United States. In making such determination, the President 
        shall consider--
                    (A) obligations of the United States under 
                international agreements;
                    (B) the national economic interests of the United 
                States; and
                    (C) the foreign policy interests of the United 
                States, including the economic development of 
                Afghanistan and the border region of Pakistan.
    (b) Withdrawal, Suspension, or Limitation of Duty-free Treatment.--
The President may withdraw, suspend, or limit the application of the 
duty-free treatment proclaimed under this title upon consideration of 
the factors set forth in section 403 (b) and (c) of this division, and 
section 502 (b) and (c) of the Trade Act of 1974 (19 U.S.C. 2462 (b) 
and (c)). In taking any action to withdraw, suspend, or limit duty-free 
treatment with respect to producers receiving benefits under section 
404 or 405 of this division, the President shall consider the 
information described in section 403(d) of this division relating to 
verification of the ownership and nature of the activities of such 
producers and any other relevant information the President determines 
to be appropriate.
    (c) Notice to Congress.--The President shall advise Congress--
            (1) of any action the President takes to waive, withdraw, 
        suspend, or limit the application of duty-free treatment with 
        respect to Reconstruction Opportunity Zones in Afghanistan or 
        Pakistan or enterprises receiving benefits under section 404 or 
        405 of this division; and
            (2) if either Afghanistan or Pakistan fails to adequately 
        take the actions described in section 403 (b) and (c) of this 
        division or section 502 (b) and (c) of the Trade Act of 1974 
        (19 U.S.C. 2462 (b) and (c)).

SEC. 410. TERMINATION OF BENEFITS.

    Duty-free treatment provided under this title shall remain in 
effect through September 30, 2024.

SEC. 411. CUSTOMS USER FEES.

    (a) In General.--The Secretary of the Treasury shall increase the 
amount of fees charged and collected under section 13031(a) of the 
Consolidated Omnibus Budget Reconciliation Act of 1985 (19 U.S.C. 
58c(a)) for the provision of customs services in connection with 
imports and travel from Afghanistan and Pakistan as necessary to meet 
the requirements of subsection (b).
    (b) Minimum Amount.--The amount of the increase in fees charged and 
collected under the authority of subsection (a)--
            (1) shall not be less than $12,000,000 for the period 
        beginning on the date of the enactment of this Act and ending 
        at the close of September 30, 2014; and
            (2) shall not be less than $105,000,000 for the period 
        beginning on the date of the enactment of this Act and ending 
        at the close of September 30, 2019.
    (c) Rule of Construction.--The amount of the increase in fees 
charged and collected under the authority of subsection (a) shall be in 
addition to the amount of fees that would otherwise be charged and 
collected under section 13031(a) of the Consolidated Omnibus Budget 
Reconciliation Act of 1985 (19 U.S.C. 58c(a)) for the provision of 
customs services in connection with imports and travel from Afghanistan 
and Pakistan.
    (d) Termination of Authority.--The authority provided under 
subsection (a) terminates at the close of the date on which the 
aggregate amount of the increase in fees charged and collected under 
the authority of subsection (a) equals $105,000,000.

            Passed the House of Representatives June 10, 2009.

            Attest:

                                            LORRAINE C. MILLER,

                                                                 Clerk.