[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2475 Introduced in House (IH)]

111th CONGRESS
  1st Session
                                H. R. 2475

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


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 19, 2009

 Ms. Ros-Lehtinen introduced the following bill; which was referred to 
                    the Committee on Foreign Affairs

_______________________________________________________________________

                                 A BILL


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

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

SECTION 1. SHORT TITLE.

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

SEC. 2. TABLE OF CONTENTS.

    The table of contents for this Act is as follows:

Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. Appropriate congressional committees defined.
                TITLE I--AUTHORIZATION OF APPROPRIATIONS

Sec. 101. Administration of Foreign Affairs.
Sec. 102. International organizations.
Sec. 103. International commissions.
Sec. 104. Migration and refugee assistance.
Sec. 105. Centers and foundations.
        TITLE II--DEPARTMENT OF STATE AUTHORITIES AND ACTIVITIES

              Subtitle A--Basic Authorities and Activities

Sec. 201. International Litigation Fund.
Sec. 202. Actuarial valuations.
Sec. 203. Special agents.
Sec. 204. Diplomatic security program contracting.
        Subtitle B--Public Diplomacy at the Department of State

Sec. 211. Special Olympics.
Sec. 212. Extension of program to provide grants to American-sponsored 
                            schools in predominantly Muslim countries 
                            to provide scholarships.
Sec. 213. United States-South Pacific Scholarship Program.
Sec. 214. United States-Caribbean Educational Exchange Program.
Sec. 215. Exchanges between Liberia and the United States for women 
                            legislators.
Sec. 216. Public diplomacy plan for Haiti.
           Subtitle C--Consular Services and Related Matters

Sec. 231. Extension of authority to assess passport surcharge.
Sec. 232. English language and cultural awareness training for approved 
                            refugee applicants.
Sec. 233. Tibet.
           TITLE III--ORGANIZATION AND PERSONNEL AUTHORITIES

Sec. 301. Transatlantic diplomatic fellowship program.
Sec. 302. Security officers exchange program.
Sec. 303. Suspension of foreign service members without pay.
Sec. 304. Repeal of recertification requirement for Senior Foreign 
                            Service.
Sec. 305. Limited appointments in the Foreign Service.
Sec. 306. Compensatory time off for travel.
Sec. 307. Protection of intellectual property rights.
Sec. 308. Domestic partners as eligible family members.
                 TITLE IV--INTERNATIONAL ORGANIZATIONS

Sec. 401. Statement of policy regarding peacekeeping operations 
                            contributions.
Sec. 402. Enhancing nuclear safeguards.
Sec. 403. Durban Review Conference funding.
Sec. 404. Restrictions regarding Iran-led international organizations.
Sec. 405. United Nations Human Rights Council.
Sec. 406. United Nations Relief and Works Agency.
Sec. 407. United Nations Development Program ethics jurisdiction.
Sec. 408. Withholding of contributions to United Nations for legal fees 
                            of certain officers or employees.
Sec. 409. Review of activities of international commissions.
           TITLE V--UNITED STATES INTERNATIONAL BROADCASTING

Sec. 501. Authorization of appropriations for international 
                            broadcasting.
Sec. 502. Personal services contracting program.
Sec. 503. Employment for international broadcasting.
Sec. 504. Domestic release of the Voice of America film entitled ``A 
                            Fateful Harvest''.
Sec. 505. Establishing permanent authority for Radio Free Asia.
 TITLE VI--UNITED NATIONS TRANSPARENCY, ACCOUNTABILITY, AND REFORM ACT 
                                OF 2009

Sec. 601. Short title.
Sec. 602. Definitions.
               Subtitle A--Funding of the United Nations

Sec. 611. Findings.
Sec. 612. Apportionment of the United Nations regular budget on a 
                            voluntary basis.
Sec. 613. Budget justification for United States contributions to the 
                            regular budget of the United Nations.
     Subtitle B--Transparency and Accountability for United States 
                  Contributions to the United Nations

Sec. 621. Findings.
Sec. 622. Definitions.
Sec. 623. Establishment and management of the Office of the United 
                            States Inspector General for contributions 
                            to the United Nations System.
Sec. 624. Transparency for United States contributions.
Sec. 625. Authorization of appropriations.
         Subtitle C--United States Policy at the United Nations

Sec. 631. Annual publication.
Sec. 632. Annual financial disclosure.
Sec. 633. Policy with respect to expansion of the security council.
Sec. 634. Access to reports and audits.
Sec. 635. Waiver of immunity.
Sec. 636. Terrorism and the United Nations.
Sec. 637. Report on United Nations reform.
Sec. 638. Report on United Nations personnel.
Sec. 639. Withholding of United States contributions to UNRWA.
Sec. 640. United Nations treaty bodies.
Sec. 641. Equality at the United Nations.
Sec. 642. Anti-Semitism and the United Nations.
Sec. 643. Regional group inclusion of Israel.
            Subtitle D--United Nations Human Rights Council

Sec. 651. Findings.
Sec. 652. Human Rights Council membership and funding.
             Subtitle E--International Atomic Energy Agency

Sec. 661. International Atomic Energy Agency.
Sec. 662. Sense of Congress regarding the Nuclear Security Action Plan 
                            of the IAEA.
                        Subtitle F--Peacekeeping

Sec. 671. Reform of United Nations peacekeeping operations.
Sec. 672. Policy relating to reform of United Nations peacekeeping 
                            operations.
Sec. 673. Certification.
TITLE VII--WESTERN HEMISPHERE COUNTERTERRORISM AND NONPROLIFERATION ACT 
                                OF 2009

Sec. 701. Short title; definitions.
         Subtitle A--Counterterrorism in the Western Hemisphere

Sec. 711. Statement of policy regarding regional efforts to counter 
                            terrorism in the Western Hemisphere.
Sec. 712. Amendments to annual country reports on terrorism.
Sec. 713. Amendments to annual determination procedures.
Sec. 714. Amendment to international narcotics control strategy report.
Sec. 715. United States efforts in the Western Hemisphere.
Sec. 716. International Law Enforcement Academy in San Salvador, El 
                            Salvador.
Sec. 717. Actions regarding the Organization of American States.
Sec. 718. Amendment to Department of State Rewards Program.
   Subtitle B--Nonproliferation of Nuclear, Chemical, and Biological 
                   Weapons in the Western Hemisphere

Sec. 721. Statement of policy regarding the proliferation of weapons-
                            related nuclear, chemical, and biological 
                            materials, technology, and facilities.
Sec. 722. Statement of policy regarding the small quantities protocol.
Sec. 723. Securing adherence to agreements regarding nuclear 
                            nonproliferation by countries in the 
                            Western Hemisphere.
Sec. 724. Halting the proliferation of nuclear fuel fabrication.
Sec. 725. Cooperation with the Proliferation Security Initiative.
Sec. 726. Establishment of the Western Hemisphere Nonproliferation 
                            Partnership Initiative.
Sec. 727. Prohibited transactions.
Sec. 728. Restrictions on nuclear cooperation with countries assisting 
                            the nuclear program of Venezuela or Cuba.
      Subtitle C--Western Hemisphere Regional Coordination Centers

Sec. 731. Establishment of the Western Hemisphere Regional Coordination 
                            Centers.
Sec. 732. Regional Security Initiative.
Sec. 733. Authorization of appropriations.
Subtitle D--Prohibitions on Engagement With Certain Western Hemisphere 
                               Countries

Sec. 741. Prohibitions on engagement with certain Western Hemisphere 
                            countries.
                           Subtitle E--Report

Sec. 751. Report.
       TITLE VIII--EXPORT CONTROL REFORM AND SECURITY ASSISTANCE

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

Sec. 801. Short title.
Sec. 802. Findings.
Sec. 803. Strategic review and assessment of the United States export 
                            controls system.
Sec. 804. Performance goals for processing of applications for licenses 
                            to export items on United States Munitions 
                            List.
Sec. 805. Requirement to ensure adequate staff and resources for the 
                            Directorate of Defense Trade Controls of 
                            the Department of State.
Sec. 806. Audit by Inspector General of the Department of State.
Sec. 807. Increased flexibility for use of defense trade controls 
                            registration fees.
Sec. 808. Review of International Traffic in Arms Regulations and 
                            United States Munitions List.
Sec. 809. Special licensing authorization for certain exports to NATO 
                            member states, Australia, Japan, New 
                            Zealand, Israel, and South Korea.
Sec. 810. Availability of information on the status of license 
                            applications under chapter 3 of the Arms 
                            Export Control Act.
Sec. 811. Sense of Congress.
Sec. 812. Definitions.
Sec. 813. Authorization of appropriations.
           Subtitle B--Provisions Relating to Export Licenses

Sec. 821. Availability to Congress of Presidential directives regarding 
                            United States arms export policies, 
                            practices, and regulations.
Sec. 822. Increase in value of defense articles and services for 
                            congressional review and expediting 
                            congressional review for Israel.
Sec. 823. Diplomatic efforts to strengthen national and international 
                            arms export controls.
Sec. 824. Reporting requirement for unlicensed exports.
Sec. 825. Report on value of major defense equipment and defense 
                            articles exported under section 38 of the 
                            Arms Export Control Act.
Sec. 826. Authority to remove satellites and related components from 
                            the United States Munitions List.
Sec. 827. Review and report of investigations of violations of section 
                            3 of the Arms Export Control Act.
Sec. 828. Report on self-financing options for export licensing 
                            functions of DDTC of the Department of 
                            State.
Sec. 829. Clarification of certification requirement relating to 
                            Israel's qualitative military edge.
Sec. 830. Expediting congressional defense export review period for 
                            Israel.
Sec. 831. Updating and conforming penalties for violations of sections 
                            38 and 39 of the Arms Export Control Act.
                  Subtitle C--Miscellaneous Provisions

Sec. 841. Authority to build the capacity of foreign military forces.
Sec. 842. Foreign Military Sales Stockpile Fund.
Sec. 843. Annual estimate and justification for Foreign Military Sales 
                            program.
Sec. 844. Report on United States commitments to the security of 
                            Israel.
Sec. 845. War Reserves Stockpile.
Sec. 846. Excess defense articles for Central and South European 
                            countries and certain other countries.
           TITLE IX--ACTIONS TO ENHANCE THE MERIDA INITIATIVE

Sec. 901. Coordinator of United States Government activities to 
                            implement the Merida Initiative.
Sec. 902. Adding the Caribbean to the Merida Initiative.
Sec. 903. CARICOM country defined.
Sec. 904. Merida Initiative monitoring and evaluation mechanism.
Sec. 905. Merida Initiative defined.
                    TITLE X--REPORTING REQUIREMENTS

Sec. 1001. Report on United States capacities to prevent genocide and 
                            mass atrocities.
Sec. 1002. Reports relating to programs to encourage good governance.
Sec. 1003. Reports on Hong Kong.
Sec. 1004. Democracy in Georgia.
Sec. 1005. Diplomatic relations with Israel.
Sec. 1006. Police training report.
Sec. 1007. Review of security assistance for Egypt.
Sec. 1008. Review of security assistance for Yemen.
Sec. 1009. Review of security assistance for the Government of Lebanon.
Sec. 1010. Report on activities in Haiti.
                   TITLE XI--MISCELLANEOUS PROVISIONS

Sec. 1101. Assistance to support measures for the reunification of 
                            Cyprus.
Sec. 1102. Limitation on assistance to the Former Yugoslav Republic of 
                            Macedonia.
Sec. 1103. Statement of policy regarding the Ecumenical Patriarchate.
Sec. 1104. Freedom of the press.
Sec. 1105. Information for Country Commercial Guides on business and 
                            investment climates.
Sec. 1106. International Protecting Girls by Preventing Child Marriage.
Sec. 1107. Program to improve building construction and practices in 
                            Haiti.
Sec. 1108. Limitation on assistance to the Palestinian Authority.
Sec. 1109. Jordan civilian nuclear cooperation agreement.
Sec. 1110. United States contributions to the International Trust Fund 
                            for Demining and Mine Victims Assistance.
Sec. 1111. Transfer of liquidated assets of certain Enterprise Funds to 
                            legacy institutions.
Sec. 1112. Sense of Congress on restrictions on religious freedom in 
                            Vietnam.
Sec. 1113. Sense of Congress on Holocaust-era property restitution and 
                            compensation.
                           TITLE XII--ISRAEL

Sec. 1201. Foreign Military Financing for Israel.
Sec. 1202. Support to Israel for missile defense.
Sec. 1203. United States-Israel civilian nuclear cooperation agreement.
Sec. 1204. United States support for Israel in the Organization for 
                            Economic Cooperation and Development.
Sec. 1205. Recognition of Jerusalem as the capital of the state of 
                            Israel and relocation of the United States 
                            Embassy to Jerusalem.
              TITLE XIII--IRAN REFINED PETROLEUM SANCTIONS

Sec. 1301. Short title.
Sec. 1302. Amendments to the Iran Sanctions Act of 1996.
   TITLE XIV--LIMITATION ON NUCLEAR COOPERATION WITH THE UNITED ARAB 
                                EMIRATES

Sec. 1401. Short title.
Sec. 1402. Definitions.
Sec. 1403. Restriction on nuclear cooperation with the United Arab 
                            Emirates.
              TITLE XV--HOLOCAUST INSURANCE ACCOUNTABILITY

Sec. 1601. Short title.
Sec. 1602. Validity of State laws.
Sec. 1603. Applicability.
Sec. 1604. Definitions.
            TITLE XVI--BELARUS ARMS TRANSFERS ACCOUNTABILITY

Sec. 1701. Short title.
Sec. 1702. Sense of Congress.
Sec. 1703. Report.
Sec. 1704. State sponsor of terrorism defined.
     TITLE XVII--ASIA-PACIFIC ECONOMIC COOPERATION FORUM ENGAGEMENT

Sec. 1801. Asia-Pacific Economic Cooperation.

SEC. 3. APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.

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

                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'' $5,543,957,600 for 
                fiscal year 2010, and such sums as may be necessary for 
                fiscal year 2011.
                    (B) Worldwide security protection.--In addition to 
                the amounts authorized to be appropriated by 
                subparagraph (A), $1,361,978,171 for fiscal year 2010, 
                and such sums as may be necessary for fiscal year 2011 
                are authorized to be appropriated for worldwide 
                security protection.
                    (C) Public diplomacy.--Of the amounts authorized to 
                be appropriated under subparagraph (A), such sums as 
                may be necessary for each of fiscal years 2010 and 2011 
                are authorized to be appropriated for pubic diplomacy.
                    (D) Bureau of democracy, human rights, and labor.--
                Of the amounts authorized to be appropriated under 
                subparagraph (A), $20,659,000 for fiscal year 2010, and 
                such sums as may be necessary for fiscal year 2011 are 
                authorized to be appropriated for the Bureau of 
                Democracy, Human Rights, and Labor.
            (2) Capital investment fund.--For ``Capital Investment 
        Fund'', $73,627,000 for fiscal year 2010, and such sums as may 
        be necessary for fiscal year 2011.
            (3) Embassy security, construction and maintenance.--For 
        ``Embassy Security, Construction and Maintenance'', 
        $1,815,050,000 for fiscal year 2010, and such sums as may be 
        necessary for fiscal year 2011.
            (4) Educational and cultural exchange programs.--
                    (A) Authorization of appropriations.--For 
                ``Educational and Cultural Exchange Programs'', 
                $557,906,000 for fiscal year 2010, and such sums as may 
                be necessary for fiscal year 2011.
                    (B) Tibetan scholarship program.--Of the amounts 
                authorized to be appropriated under subsection (a), 
                such sums as may be necessary for each of fiscal years 
                2010 and 2011 are authorized to be appropriated to 
                carry out the Tibetan scholarship program established 
                under section 103(b)(1) of the Human Rights, Refugee, 
                and Other Foreign Relations Provisions Act of 1996 
                (Public Law 104-319; 22 U.S.C. 2151 note).
                    (C) Ngawang choepel exchange programs.--Of the 
                amounts authorized to be appropriated under subsection 
                (a), such sums as may be necessary for each of fiscal 
                years 2010 and 2011 are authorized to be appropriated 
                for the ``Ngawang Choepel Exchange Programs'' (formerly 
                known as ``programs of educational and cultural 
                exchange between the United States and the people of 
                Tibet'') under section 103(a) of the Human Rights, 
                Refugee, and Other Foreign Relations Provisions Act of 
                1996 (Public Law 104-319; 22 U.S.C. 2151 note).
            (5) Civilian stabilization initiative.--For ``Civilian 
        Stabilization Initiative'', $46,665,000 for fiscal year 2010, 
        and such sums as may be necessary for fiscal year 2011.
            (6) Representation allowances.--For ``Representation 
        Allowances'', $8,175,000 for fiscal year 2010, and such sums as 
        may be necessary for fiscal year 2011.
            (7) Protection of foreign missions and officials.--
                    (A) Authorization of appropriations.--For 
                ``Protection of Foreign Missions and Officials'', 
                $23,658,118 for fiscal year 2010, and such sums as may 
                be necessary for fiscal year 2011.
                    (B) Reimbursement for past expenses owed by the 
                united states.--In addition to the amounts authorized 
                to be appropriated under subparagraph (A), there are 
                authorized to be appropriated such sums as may be 
                necessary for each of fiscal years 2010 and 2011 for 
                ``Protection of Foreign Missions and Officials'' to be 
                used to reimburse State and local governments for 
                necessary expenses incurred since 1998 for the 
                protection of foreign missions and officials and 
                recognized by the United States.
            (8) Emergencies in the diplomatic and consular service.--
        For ``Emergencies in the Diplomatic and Consular Service'', 
        $9,333,000 for fiscal year 2010, and such sums as may be 
        necessary for fiscal year 2011.
            (9) Repatriation loans.--For ``Repatriation Loans'', 
        $1,403,061 for fiscal year 2010, and such sums as may be 
        necessary for fiscal year 2011.
            (10) Payment to the american institute in taiwan.--For 
        ``Payment to the American Institute in Taiwan'', $17,463,080 
        for fiscal year 2010, and such sums as may be necessary for 
        fiscal year 2011.
            (11) Office of the inspector general.--
                    (A) Authorization of appropriations.--For ``Office 
                of the Inspector General'', $101,201,000 for fiscal 
                year 2010, and such sums as may be necessary for fiscal 
                year 2011.
                    (B) Special inspector general for iraq 
                reconstruction.--Of the amounts authorized to be 
                appropriated under subparagraph (A), such sums as may 
                be necessary authorized to be for the Special Inspector 
                General for Iraq Reconstruction.
                    (C) Special inspector general for afghanistan 
                reconstruction.--Of the amounts authorized to be 
                appropriated under subparagraph (A), such sums as may 
                be necessary authorized to be for the Special Inspector 
                General for Afghanistan Reconstruction.

SEC. 102. INTERNATIONAL ORGANIZATIONS.

    (a) Assessed Contributions to International Organizations.--There 
are authorized to be appropriated for ``Contributions to International 
Organizations'', $1,604,400,000 for fiscal year 2010, and such sums as 
may be necessary for fiscal year 2011, for the Department of State to 
carry out the authorities, functions, duties, and responsibilities in 
the conduct of the foreign affairs of the United States with respect to 
international organizations and to carry out other authorities in law 
consistent with such purposes.
    (b) Contributions for International Peacekeeping Activities.--There 
are authorized to be appropriated for ``Contributions for International 
Peacekeeping Activities'', $2,260,000,000 for fiscal year 2010, and 
such sums as may be necessary for fiscal year 2011, for the Department 
of State to carry out the authorities, functions, duties, and 
responsibilities of the United States with respect to international 
peacekeeping activities and to carry out other authorities in law 
consistent with such purposes.
    (c) Foreign Currency Exchange Rates.--In addition to amounts 
authorized to be appropriated by subsection (a), there are authorized 
to be appropriated such sums as may be necessary for each of fiscal 
years 2010 and 2011 to offset adverse fluctuations in foreign currency 
exchange rates. Amounts appropriated under this subsection shall be 
available for obligation and expenditure only to the extent that the 
Director of the Office of Management and Budget determines and 
certifies to Congress that such amounts are necessary due to such 
fluctuations.

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'', $32,256,000 for 
                fiscal year 2010, and such sums as may be necessary for 
                fiscal year 2011; and
                    (B) for ``Construction'', $43,250,000 for fiscal 
                year 2010, and such sums as may be necessary for fiscal 
                year 2011.
            (2) International boundary commission, united states and 
        canada.--For ``International Boundary Commission, United States 
        and Canada'', $1,970,000 for fiscal year 2010, and such sums as 
        may be necessary for fiscal year 2011.
            (3) International joint commission.--For ``International 
        Joint Commission'', $7,559,000 for fiscal year 2010, and such 
        sums as may be necessary for fiscal year 2011.
            (4) International fisheries commissions.--For 
        ``International Fisheries Commissions'', $29,925,000 for fiscal 
        year 2010, and such sums as may be necessary for fiscal year 
        2011.

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, $16,592,000 for 
fiscal year 2010, and such sums as may be necessary for fiscal year 
2011.
    (b) National Endowment for Democracy.--There are authorized to be 
appropriated for the ``National Endowment for Democracy'' for 
authorized activities, $115,000,000 for fiscal year 2010, and such sums 
as may be necessary for fiscal year 2011.
    (c) Center for Cultural and Technical Interchange Between East and 
West.--There are authorized to be appropriated for the ``Center for 
Cultural and Technical Interchange Between East and West'' for 
authorized activities, such sums as may be necessary for each of fiscal 
years 2010 and 2011.

        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 instead ``Secretary of 
                State''; and
                    (B) by amending the second sentence to read as 
                follows: ``The Secretary of State is authorized to 
                expend from money to the credit of the Fund such sums 
                as may be necessary to administer the provisions of 
                this chapter, including actuarial advice, but only to 
                the extent and in such amounts as are provided in 
                advance in appropriations acts.'';
            (2) in section 819 (22 U.S.C. 4059), in the first sentence, 
        by striking ``Secretary of the Treasury'' the second place it 
        appears and inserting ``Secretary of State'';
            (3) in section 825(b) (22 U.S.C. 4065(b)), by striking 
        ``Secretary of the Treasury'' and inserting instead ``Secretary 
        of State''; and
            (4) section 859(c) (22 U.S.C. 4071h(c))--
                    (A) by striking ``Secretary of the Treasury'' and 
                inserting instead ``Secretary of State''; and
                    (B) by striking ``and shall advise the Secretary of 
                State of'' and inserting instead ``that will provide''.

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. DIPLOMATIC SECURITY PROGRAM CONTRACTING.

    Section 136 of the Foreign Relations Authorization Act, Fiscal 
Years 1990 and 1991 (22 U.S.C. 4864) is amended--
            (1) in subsection (c)--
                    (A) in the matter preceding paragraph (1), by 
                striking ``With respect'' and inserting ``Except as 
                provided in subsection (d), with respect''; and
                    (B) in paragraph (3), by striking ``subsection 
                (d)'' and inserting ``subsection (e)'';
            (2) by redesignating subsections (d), (e), (f), and (g) as 
        subsections (e), (f), (g), and (h), respectively;
            (3) by inserting after subsection (c) the following new 
        subsection:
    ``(d) Award of Local Guard and Protective Service Contracts in High 
Risk Areas.--With respect to local guard contracts for Foreign Service 
buildings located in high risk areas which exceed $250,000 and were or 
are entered into after September 1, 2008, the Secretary of State 
shall--
            ``(1) comply with paragraphs (1) through (6) of subsection 
        (c) in the award of such contracts;
            ``(2) in evaluating proposals for such contracts, award 
        contracts to the firm representing the best value to the 
        Government in accordance with the best value tradeoff process 
        described in subpart 15.1 of the Federal Acquisition Regulation 
        (48 C.F.R. 15.101-1);
            ``(3) ensure that in all contracts awarded under this 
        subsection, contractor personnel providing local guard or 
        protective services are classified as--
                    ``(A) employees of the offeror;
                    ``(B) if the offeror is a joint venture, as the 
                employees of one of the persons or parties constituting 
                the joint venture; or
                    ``(C) as employees of a subcontractor to the 
                offeror, and not as independent contractors to the 
                offeror or any other entity performing under such 
                contracts.''; and
            (4) in subsection (e), as redesignated by paragraph (2) of 
        this section--
                    (A) in paragraph (3), by striking ``and'' at the 
                end;
                    (B) in paragraph (4), by striking the period at the 
                end and inserting ``; and''; and
                    (C) by adding after paragraph (4) the following new 
                paragraph:
            ``(5) the term `high risk areas' means--
                    ``(A) an area designated as a contingency operation 
                in accordance with section 101(a)(13) of title 10, 
                United States Code; or
                    ``(B) an area determined by the Assistance 
                Secretary of Diplomatic Security to present an 
                increased threat of serious damage or harm to United 
                States diplomatic facilities or personnel.''.

        Subtitle B--Public Diplomacy at the Department of State

SEC. 211. SPECIAL OLYMPICS.

    (a) Findings.--Congress finds the following:
            (1) Special Olympics International has been recognized for 
        more than four decades as the world leader in providing life-
        changing sports training and competition experiences for 
        persons with intellectual disabilities at all levels of 
        severity.
            (2) While Special Olympics sports programming is widely 
        respected around the world, less well-known are a number of 
        supporting initiatives targeted to changing attitudes toward 
        people with intellectual disabilities, developing leaders among 
        the intellectual disability population, supporting families of 
        people with these disabilities, improving access to health 
        services, and enhancing government policies and programs for 
        people with intellectual disabilities.
            (3) Special Olympics has documented the challenge of 
        ignorance and poor attitudes toward intellectual disability 
        worldwide and its capacity to change discriminatory attitudes 
        to understanding, acceptance, and advocacy for people with 
        intellectual disabilities. It does so through an array of 
        educational and attitude change activities that affect multiple 
        levels of society. These activities have received financial 
        support from the Bureau of Educational and Cultural Affairs 
        (ECA) of the Department of State, among other sources.
    (b) Administration of Program.--Section 3(b) of the Special 
Olympics Sport and Empowerment Act of 2004 (Public Law 108-406) is 
amended, in the matter preceding paragraph (1) by striking ``Secretary 
of State'' and inserting ``Secretary of State, acting through the 
Assistant Secretary of State for Educational and Cultural Affairs''.

SEC. 212. EXTENSION OF PROGRAM TO PROVIDE GRANTS TO AMERICAN-SPONSORED 
              SCHOOLS IN PREDOMINANTLY MUSLIM COUNTRIES TO PROVIDE 
              SCHOLARSHIPS.

    Section 7113 of the Intelligence Reform and Terrorism Prevention 
Act of 2004 (Public Law 108-458; 22 U.S.C. 2452c) is amended--
            (1) in subsection (g)--
                    (A) by striking ``Committee on International 
                Relations'' and inserting ``Committee on Foreign 
                Affairs''; and
                    (B) by striking ``April 15, 2006, and April 15, 
                2008'' and inserting ``June 15, 2010, and June 15, 
                2011''; and
            (2) in subsection (h), by striking ``2007 and 2008'' and 
        inserting ``2010 and 2011''.

SEC. 213. UNITED STATES-SOUTH PACIFIC SCHOLARSHIP PROGRAM.

    (a) Findings.--Congress finds the following:
            (1) The United States-South Pacific Scholarship Program 
        (USSP), authorized by Congress and funded by the Bureau of 
        Educational and Cultural Affairs of the Department of State, is 
        a competitive, merit-based scholarship program that ensures 
        that Pacific Islanders have an opportunity to pursue higher 
        education in the United States and to obtain first-hand 
        knowledge of United States institutions.
            (2) It is expected that these students will one day assume 
        leadership roles in their countries.
            (3) As the Chairman of the Subcommittee on Territories and 
        Insular Affairs, the late Congressman Phillip Burton was a 
        voice for Pacific Island populations.
            (4) He was also a voice for workers, the poor, and the 
        elderly.
            (5) Congressman Burton was one of the most brilliant and 
        productive legislators in United States politics.
            (6) He served in Congress from 1964 to 1983.
            (7) He worked every day of his life to ensure social 
        justice and human dignity for all people.
    (b) Sense of Congress.--It is the sense of Congress that--
            (1) so that future generations will know his name and 
        remember his service, it is fitting that the leadership and 
        vision of Phillip Burton, especially as the Chairman of the 
        Subcommittee on Territories and Insular Affairs, which 
        indirectly impacted United States foreign policy in the South 
        Pacific region, should be honored; and
            (2) the United States-South Pacific Scholarship Program 
        should be renamed the Phillip Burton Scholarship Program for 
        South Pacific Island Students.
    (c) Funding.--
            (1) In general.--Of the amounts authorized to be 
        appropriated pursuant to section 101(4), such sums as may be 
        necessary are authorized to be appropriated for each of fiscal 
        years 2010 and 2011 to be made available for the United States-
        South Pacific Scholarship Program.
            (2) Name.--Scholarships awarded under the Program shall be 
        referred to as ``Burton Scholarships'' and recipients of such 
        scholarships shall be referred to as ``Burton Scholars''.

SEC. 214. UNITED STATES-CARIBBEAN EDUCATIONAL EXCHANGE PROGRAM.

    (a) Definitions.--In this section:
            (1) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means--
                    (A) the Committee on Foreign Affairs and the 
                Committee on Appropriations of the House of 
                Representatives; and
                    (B) the Committee on Foreign Relations and the 
                Committee on Appropriations of the Senate.
            (2) CARICOM country.--The term ``CARICOM country'' means a 
        country that has been a full member country of the Caribbean 
        Community (CARICOM) for at least five years or the Dominican 
        Republic, but does not include--
                    (A) a country having observer or associate status 
                in CARICOM;
                    (B) a country the government of which the Secretary 
                of State has determined, for purposes of section 6(j) 
                of the Export Administration Act of 1979 (as continued 
                in effect pursuant to the International Emergency 
                Economic Powers Act), section 40 of the Arms Export 
                Control Act, section 620A of the Foreign Assistance Act 
                of 1961, or any other provision of law, is a government 
                that has repeatedly provided support for acts of 
                international terrorism; or
                    (C) a country that fails to adhere to human rights 
                standards pursuant to sections 116 and 502B(2) of the 
                Foreign Assistance Act of 1961 (22 U.S.C. 2151n and 
                2304).
            (3) Secretary.--Except as otherwise provided, the term 
        ``Secretary'' means the Secretary of State.
            (4) United states cooperating agency.--The term ``United 
        States cooperating agency'' means--
                    (A) an institution of higher education (as such 
                term is defined in section 101(a) of the Higher 
                Education Act of 1965 (20 U.S.C. 1001(a))), including, 
                to the maximum extent practicable, a historically Black 
                college or university that is a part B institution (as 
                such term is defined in section 322(2) of such Act (20 
                U.S.C. 1061(2))) or a Hispanic-serving institution (as 
                such term is defined in section 502(5) of such Act (20 
                U.S.C. 1101a(5)));
                    (B) a higher education association;
                    (C) a nongovernmental organization incorporated in 
                the United States; or
                    (D) a consortium consisting of two or more such 
                institutions, associations, or nongovernmental 
                organizations.
    (b) Program Authorized.--The Secretary of State is authorized to 
establish an educational exchange program between the United States and 
CARICOM countries, to be known as the ``Shirley A. Chisholm United 
States-Caribbean Educational Exchange Program'', under which--
            (1) secondary school students from CARICOM countries will--
                    (A) attend a public or private secondary school in 
                the United States; and
                    (B) participate in activities designed to promote a 
                greater understanding of the values and culture of the 
                United States; and
            (2) undergraduate students, graduate students, post-
        graduate students, and scholars from CARICOM countries will--
                    (A) attend a public or private college or 
                university, including a community college, in the 
                United States; and
                    (B) participate in activities designed to promote a 
                greater understanding of the values and culture of the 
                United States.
    (c) Elements of Program.--The program authorized under subsection 
(b) shall meet the following requirements:
            (1) The program will offer scholarships to students and 
        scholars based on merit and need. It is the sense of Congress 
        that scholarships should be offered to students and scholars 
        who evidence merit, achievement, and strong potential for the 
        studies such students and scholars wish to undertake under the 
        program and 60 percent of scholarships offered under the 
        program should be based on financial need.
            (2) The program will seek to achieve gender equality in 
        granting scholarships under the program.
            (3) Fields of study under the program will support the 
        labor market and development needs of CARICOM countries, 
        assuring a pool of technical experts to address such needs.
            (4) The program will limit participation to--
                    (A) one year of study for secondary school 
                students;
                    (B) two years of study for undergraduate students; 
                and
                    (C) 12 months of study for graduate students, post-
                graduate students, and scholars.
            (5) For a period of time equal to the period of time of 
        participation in the program, but not to exceed two years, the 
        program will require participants who are students and scholars 
        described in subsection (a)(2) to--
                    (A) agree to return to live in a CARICOM country 
                and maintain residence in such country, within six 
                months of completion of academic studies; or
                    (B) agree to obtain employment that directly 
                benefits the growth, progress, and development of one 
                or more CARICOM countries and the people of such 
                countries.
            (6) The Secretary may waive, shorten the duration, or 
        otherwise alter the requirements of paragraph (4) in limited 
        circumstances of hardship, humanitarian needs, for specific 
        educational purposes, or in furtherance of the national 
        interests of the United States.
    (d) Role of United States Cooperating Agencies.--The Secretary 
shall consult with United States cooperating agencies in developing the 
program authorized under subsection (b). The Secretary is authorized to 
provide grants to United States cooperating agencies in carrying out 
the program authorized under subsection (b).
    (e) Monitoring and Evaluation of Program.--
            (1) In general.--The Secretary shall monitor and evaluate 
        the effectiveness and efficiency of the program authorized 
        under subsection (b). In so doing, the Secretary shall, among 
        other things, evaluate the program's positive or negative 
        effects on ``brain drain'' from the participating CARICOM 
        countries and suggest ways in which the program may be improved 
        to promote the basic goal of alleviating brain drain from the 
        participating CARICOM countries.
            (2) Requirements.--In carrying out paragraph (1), the 
        Secretary shall review on a regular basis--
                    (A) financial information relating to the program;
                    (B) budget plans for the program;
                    (C) adjustments to plans established for the 
                program;
                    (D) graduation rates of participants in the 
                program;
                    (E) the percentage of participants who are students 
                described in subsection (b)(1) who pursue higher 
                education;
                    (F) the percentage of participants who return to 
                their home country or another CARICOM country;
                    (G) the types of careers pursued by participants in 
                the program and the extent to which such careers are 
                linked to the political, economic, and social 
                development needs of CARICOM countries; and
                    (H) the impact of gender, country of origin, 
                financial need of students, and other relevant factors 
                on the data collected under subparagraphs (D) through 
                (G).
    (f) Reporting Requirements.--
            (1) Report required.--Not later than 120 days after the 
        date of the enactment of this section, the Secretary of State 
        shall submit to the appropriate congressional committees a 
        report on plans to implement the program authorized under this 
        section.
            (2) Matters to be included.--The report required by 
        paragraph (1) shall include--
                    (A) a plan for selecting participants in the 
                program, including an estimate of the number of 
                secondary school students, undergraduate students, 
                graduate students, post-graduate students, and scholars 
                from each country, by educational level, who will be 
                selected as participants in the program for each fiscal 
                year;
                    (B) a timeline for selecting United States 
                cooperating agencies that will assist in implementing 
                the program;
                    (C) a financial plan that--
                            (i) identifies budget plans for each 
                        educational level under the program; and
                            (ii) identifies plans or systems to ensure 
                        that the costs to public school, college, and 
                        university education under the program and the 
                        costs to private school, college, and 
                        university education under the program are 
                        reasonably allocated; and
                    (D) a plan to provide outreach to and linkages with 
                schools, colleges and universities, and nongovernmental 
                organizations in both the United States and CARICOM 
                countries for implementation of the program.
            (3) Updates of report.--
                    (A) In general.--The Secretary shall submit to the 
                appropriate congressional committees updates of the 
                report required by paragraph (1) for each fiscal year 
                for which amounts are appropriated pursuant to the 
                authorization of appropriations under subsection (g).
                    (B) Matters to be included.--Such updates shall 
                include the following:
                            (i) Information on United States 
                        cooperating agencies that are selected to 
                        assist in implementing the programs authorized 
                        under this section.
                            (ii) An analysis of the positive and 
                        negative impacts the program authorized under 
                        this section will have or is having on ``brain 
                        drain'' from the participating CARICOM 
                        countries.
    (g) Authorization of Appropriations.--Of the amounts authorized to 
be appropriated pursuant to section 101(4), there are authorized to be 
appropriated such sums as may be necessary for each of fiscal years 
2010 and 2011 to carry out this section.

SEC. 215. EXCHANGES BETWEEN LIBERIA AND THE UNITED STATES FOR WOMEN 
              LEGISLATORS.

    (a) Purpose.--It is the purpose of this section to provide 
financial assistance to--
            (1) establish an exchange program for Liberian women 
        legislators and women staff members of the Liberian Congress;
            (2) expand Liberian participation in exchange programs of 
        the Department of State; and
            (3) promote the advancement of women in the field of 
        politics, with the aim of eventually reducing the rates of 
        domestic abuse, illiteracy, and sexism in Liberia.
    (b) Program.--The Secretary of State shall establish an exchange 
program in cooperation with the Women's Legislative Caucus in Liberia 
to provide scholarships to fund exchanges to enable Liberian women 
legislators and exceptional women Liberian Congressional staffers to 
encourage more women to participate in, and continue to be active in, 
politics and the democratic process in Liberia.
    (c) Scholarship Defined.--In this section, the term ``scholarship'' 
means an amount to be used for full or partial support of living 
expenses in the United States for a participant in the exchange program 
established under subsection (b), including travel expenses to, from, 
and within the United States.

SEC. 216. PUBLIC DIPLOMACY PLAN FOR HAITI.

    The Secretary of State shall develop a public diplomacy plan to be 
implemented in the event that Temporary Protected Status (TPS) is 
extended to Haitian nationals in the United States to effectively 
inform Haitians living in Haiti that--
            (1) TPS only permits people already in the United States as 
        of a specifically designated date to remain in the United 
        States;
            (2) there are extraordinary dangers of travel by sea to the 
        United States in unsafe, overcrowded vessels;
            (3) any Haitian interdicted at sea traveling to the United 
        States will be repatriated to Haiti; and
            (4) the United States will continue its large assistance 
        program to help the people of Haiti recover from recent 
        hurricanes, restore stability, and promote economic growth.

           Subtitle C--Consular Services and Related Matters

SEC. 231. EXTENSION OF AUTHORITY TO ASSESS PASSPORT SURCHARGE.

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

SEC. 232. ENGLISH LANGUAGE AND CULTURAL AWARENESS TRAINING FOR APPROVED 
              REFUGEE APPLICANTS.

    (a) In General.--The Secretary of State should establish formal 
training programs in five overseas refugee processing regions to 
provide English as a second language, cultural orientation, and work 
orientation training for refugees who have been approved for admission 
to the United States before their departure for the United States.
    (b) Design and Implementation.--In designing and implementing the 
training programs referred to in subsection (a), the Secretary should 
ensure that nongovernmental organizations with direct ties to the 
United States refugee resettlement program are utilized in such 
training programs.
    (c) Impact on Processing Times.--The Secretary should ensure that 
such training programs occur within current processing times and do not 
unduly delay the departure for the United States of refugees who have 
been approved for admission to the United States.
    (d) Timeline for Implementation and Report to Congress.--
            (1) Timeline for implementation.--It is the sense of 
        Congress that not later than one year after the date of the 
        enactment of this Act, such training programs should be 
        operating in at least one overseas refugee processing region, 
        and not later than two years after the date of the enactment of 
        this Act, such training programs should be operating in each of 
        the five overseas refugee processing regions.
            (2) Report to congress.--Not later than 18 months after the 
        date of the enactment of this Act, the Secretary shall submit 
        to the appropriate congressional committees a report on the 
        implementation of this section.
    (e) Rule of Construction.--Nothing in this section shall be 
construed to require that a refugee participate in such a training 
program as a precondition for the admission to the United States of 
such refugee.

SEC. 233. TIBET.

    (a) Tibet Negotiations.--Section 613(a) of the Tibetan Policy Act 
of 2002 (Public Law 107-228; 22 U.S.C. 6901 note) is amended--
            (1) in paragraph (1), by inserting before the period at the 
        end the following: ``and should coordinate with other 
        governments in multilateral efforts toward this goal'';
            (2) by redesignating paragraph (2) as paragraph (3); and
            (3) by inserting after paragraph (1) the following new 
        paragraph:
            ``(2) Policy coordination.--The President shall direct the 
        National Security Council to ensure that, in accordance with 
        this Act, United States policy on Tibet is coordinated and 
        communicated with all Executive Branch agencies in contact with 
        the Government of China.''.
    (b) Bilateral Assistance.--Section 616 of the Tibetan Policy Act of 
2002 is amended--
            (1) by redesignating subsection (d) as subsection (e); and
            (2) by inserting after subsection (c) the following new 
        subsection:
    ``(d) United States Assistance.--The President shall provide grants 
to nongovernmental organizations to support sustainable economic 
development, cultural and historical preservation, health care, 
education, and environmental sustainability projects for Tibetan 
communities in the Tibet Autonomous Region and in other Tibetan 
communities in China, in accordance with the principles specified in 
subsection (e) and subject to the review and approval of the Special 
Coordinator for Tibetan Issues under section 621(d).''.
    (c) Special Coordinator for Tibetan Issues.--Section 621 of the 
Tibetan Policy Act of 2002 is amended--
            (1) in subsection (d)--
                    (A) in paragraph (5), by striking ``and'' at the 
                end;
                    (B) by redesignating paragraph (6) as paragraph 
                (7); and
                    (C) by inserting after paragraph (5) the following 
                new paragraph:
            ``(6) review and approve all projects carried out pursuant 
        to section 616(d);''.
            (2) by adding at the end the following new subsection:
    ``(e) Personnel.--The Secretary shall assign dedicated personnel to 
the Office of the Special Coordinator for Tibetan Issues sufficient to 
assist in the management of the responsibilities of this section and 
section 616(d)(2).''.
    (d) Diplomatic Representation Relating to Tibet.--
            (1) United states embassy in beijing.--
                    (A) In general.--The Secretary of State is 
                authorized to establish a Tibet Section within the 
                United States Embassy in Beijing, People's Republic of 
                China, for the purposes of following political, 
                economic, and social developments inside Tibet, 
                including Tibetan areas of Qinghai, Sichuan, Gansu, and 
                Yunnan provinces, until such time as a United States 
                consulate in Tibet is established. Such Tibet Section 
                shall have the primary responsibility for reporting on 
                human rights issues in Tibet and shall work in close 
                cooperation with the Office of the Special Coordinator 
                for Tibetan Issues. The chief of such Tibet Section 
                should be of senior rank.
                    (B) Authorization of appropriations.--Of the 
                amounts authorized to be appropriated under section 
                101(a), there are authorized to be appropriated such 
                sums as may be necessary for each of fiscal years 2010 
                and 2011 to carry out this paragraph.
            (2) In tibet.--Section 618 of the Tibetan Policy Act of 
        2002 is amended to read as follows:

``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''.

           TITLE III--ORGANIZATION AND PERSONNEL AUTHORITIES

SEC. 301. TRANSATLANTIC DIPLOMATIC FELLOWSHIP PROGRAM.

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

``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 one 
year, to a position with any designated country or designated entity 
that permits an employee to be assigned to a position with the 
Department.
    ``(b) Salary and Benefits.--The salary and benefits of a member of 
the Service shall be paid as described in subsection (b) of section 503 
during a period in which such member is participating in the 
Transatlantic Diplomatic Fellowship Program. The salary and benefits of 
an employee of a designated country or designated entity participating 
in such program shall be paid by such country or entity during the 
period in which such employee is participating in the program.
    ``(c) Definitions.--In this section:
            ``(1) The term `designated country' means a member country 
        of--
                    ``(A) the North Atlantic Treaty Organization; or
                    ``(B) the European Union.
            ``(2) The term `designated entity' means--
                    ``(A) the North Atlantic Treaty Organization; or
                    ``(B) the European Union.
    ``(d) Rule of Construction.--Nothing in this section shall be 
construed to--
            ``(1) authorize the appointment as an officer or employee 
        of the United States of--
                    ``(A) an individual whose allegiance is to any 
                country, government, or foreign or international entity 
                other than to the United States; or
                    ``(B) an individual who has not met the 
                requirements of sections 3331, 3332, 3333, and 7311 of 
                title 5, United States Code, and any other provision of 
                law concerning eligibility for appointment as, and 
                continuation of employment as, an officer or employee 
                of the United States; or
            ``(2) authorize the Secretary to assign a member of the 
        Service to a position with any foreign country whose laws, or 
        foreign or international entity whose rules, require such 
        member to give allegiance or loyalty to such country or entity 
        while assigned to such position.''.
    (b) Technical and Conforming Amendments.--The Foreign Service Act 
of 1980 is amended--
            (1) in section 503 (22 U.S.C. 3983)--
                    (A) in the section heading, by striking ``and'' and 
                inserting ``foreign governments, or''; and
                    (B) in subsection (a)(1), by inserting before the 
                semicolon at the end the following: ``, or with a 
                foreign government under sections 506 or 507''; and
            (2) in section 2, in the table of contents--
                    (A) by striking the item relating to section 503 
                and inserting the following new item:

``Sec. 503. Assignments to agencies, international organizations, 
                            foreign governments, or other bodies.'';
                and
                    (B) by adding after the item relating to section 
                505 the following new item:

``Sec. 506. Transatlantic diplomatic fellowship program.''.

SEC. 302. SECURITY OFFICERS EXCHANGE PROGRAM.

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

``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 three 
years, to a position with any country or international organization 
designated by the Secretary pursuant to subsection (c) that permits an 
employee to be assigned to a position with the Department.
    ``(b) Salary and Benefits.--The salary and benefits of the members 
of the Service shall be paid as described in subsection (b) of section 
503 during a period in which such officer is participating in the 
Security Officers Exchange Program. The salary and benefits of an 
employee of a designated country or international organization 
participating in such program shall be paid by such country or 
international organization during the period in which such employee is 
participating in the program.
    ``(c) Designation.--The Secretary may designate a country or 
international organization to participate in this program if the 
Secretary determines that such participation is in the national 
security interests of the United States.
    ``(d) Rule of Construction.--Nothing in this section shall be 
construed to--
            ``(1) authorize the appointment as an officer or employee 
        of the United States of--
                    ``(A) an individual whose allegiance is to any 
                country, government, or foreign or international entity 
                other than to the United States; or
                    ``(B) an individual who has not met the 
                requirements of sections 3331, 3332, 3333, and 7311 of 
                title 5, United States Code, and any other provision of 
                law concerning eligibility for appointment as, and 
                continuation of employment as, an officer or employee 
                of the United States; or
            ``(2) authorize the Secretary to assign a member of the 
        Service to a position with any foreign country whose laws, or 
        foreign or international entity whose rules, require such 
        member to give allegiance or loyalty to such country or entity 
        while assigned to such position.''.
    (b) Technical and Conforming Amendment.--Section 2 of the Foreign 
Service Act of 1980 is amended, in the table of contents, by adding 
after the item relating to section 506 (as added by section 311(b)(2) 
of this Act) the following new item:

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

SEC. 303. SUSPENSION OF FOREIGN SERVICE MEMBERS WITHOUT PAY.

    (a) Suspension.--Section 610 of the Foreign Service Act of 1980 (22 
U.S.C. 4010) is amended by adding at the end the following new 
subsection:
    ``(c)(1) In order to promote the efficiency of the Service, the 
Secretary may suspend a member of the Foreign Service without pay when 
the member's security clearance is suspended or when there is 
reasonable cause to believe that the member has committed a crime for 
which a sentence of imprisonment may be imposed.
    ``(2) Any member of the Foreign Service for whom a suspension is 
proposed shall be entitled to--
            ``(A) written notice stating the specific reasons for the 
        proposed suspension;
            ``(B) a reasonable time to respond orally and in writing to 
        the proposed suspension;
            ``(C) representation by an attorney or other 
        representative; and
            ``(D) a final written decision, including the specific 
        reasons for such decision, as soon as practicable.
    ``(3) Any member suspended under this section may file a grievance 
in accordance with the procedures applicable to grievances under 
chapter 11 of this title.
    ``(4) In the case of a grievance filed under paragraph (3)--
            ``(A) the review by the Foreign Service Grievance Board 
        shall be limited to a determination of whether the provisions 
        of paragraphs (1) and (2) have been fulfilled; and
            ``(B) the Foreign Service Grievance Board may not exercise 
        the authority provided under section 1106(8).
    ``(5) In this subsection:
            ``(A) The term `reasonable time' means--
                    ``(i) with respect to a member of the Foreign 
                Service assigned to duty in the United States, 15 days 
                after receiving notice of the proposed suspension; and
                    ``(ii) with respect to a member of the Foreign 
                Service assigned to duty outside the United States, 30 
                days after receiving notice of the proposed suspension.
            ``(B) The term `suspend' or `suspension' means the placing 
        of a member of the Foreign Service in a temporary status 
        without duties and pay.''.
    (b) Conforming and Clerical Amendments.--
            (1) Amendment of section heading.--Such section, as amended 
        by subsection (a) of this section, is further amended, in the 
        section heading, by inserting ``; suspension'' before the 
        period at the end.
            (2) Clerical amendment.--The item relating to such section 
        in the table of contents in section 2 of such Act is amended to 
        read as follows:

``Sec. 610. Separation for cause; suspension.''.

SEC. 304. REPEAL OF RECERTIFICATION REQUIREMENT FOR SENIOR FOREIGN 
              SERVICE.

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

SEC. 305. LIMITED APPOINTMENTS IN THE FOREIGN SERVICE.

    Section 309 of the Foreign Service Act of 1980 (22 U.S.C. 3949), is 
amended--
            (1) in subsection (a), by striking ``subsection (b)'' and 
        inserting ``subsections (b) or (c)'';
            (2) in subsection (b)--
                    (A) in paragraph (3)--
                            (i) by inserting ``(A),'' after ``if''; and
                            (ii) by inserting before the semicolon at 
                        the end the following: ``, or (B), the career 
                        candidate is serving in the uniformed services, 
                        as defined by the Uniformed Services Employment 
                        and Reemployment Rights Act of 1994 (38 U.S.C. 
                        4301 et seq.), and the limited appointment 
                        expires in the course of such service'';
                    (B) in paragraph (4), by striking ``and'' at the 
                end;
                    (C) in paragraph (5), by striking the period at the 
                end and inserting ``; and''; and
                    (D) by adding after paragraph (5) the following new 
                paragraph:
            ``(6) in exceptional circumstances where the Secretary 
        determines the needs of the Service require the extension of a 
        limited appointment (A), for a period of time not to exceed 12 
        months (provided such period of time does not permit additional 
        review by the boards under section 306), or (B), for the 
        minimum time needed to settle a grievance, claim, or complaint 
        not otherwise provided for in this section.''; and
            (3) by adding at the end the following new subsection:
    ``(c) Non-career Foreign Service employees who have served five 
consecutive years under a limited appointment may be reappointed to a 
subsequent limited appointment provided there is a one year break in 
service between each appointment. The Secretary may in cases of special 
need waive the requirement for a one year break in service.''.

SEC. 306. COMPENSATORY TIME OFF FOR TRAVEL.

    Section 5550b of title 5, United States Code, is amended by adding 
at the end the following new subsection:
    ``(c) The maximum amount of compensatory time off earned under this 
section may not exceed 104 hours during any leave year (as defined by 
regulations established by the Office of Personnel Management).''.

SEC. 307. PROTECTION OF INTELLECTUAL PROPERTY RIGHTS.

    (a) Resources To Protect Intellectual Property Rights.--The 
Secretary of State shall ensure that the protection in foreign 
countries of the intellectual property rights of United States persons 
in other countries is a significant component of United States foreign 
policy in general and in relations with individual countries. The 
Secretary of State, in consultation with the Director General of the 
United States and Foreign Commercial Service and other agencies as 
appropriate, shall ensure that adequate resources are available at 
diplomatic missions in any country that is identified under section 
182(a)(1) of the Trade Act of 1974 (19 U.S.C. 2242(a)(1)) to ensure--
            (1) support for enforcement action against violations of 
        the intellectual property rights of United States persons in 
        such country; and
            (2) cooperation with the host government to reform its 
        applicable laws, regulations, practices, and agencies to enable 
        that government to fulfill its international and bilateral 
        obligations with respect to intellectual property rights.
    (b) New Appointments.--The Secretary of State, in consultation with 
the Director General of the United States and Foreign Commercial 
Service, shall appoint 10 intellectual property 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 coordinate training and technical assistance 
        programs of the United States Government within the host 
        country that are aimed at improving the enforcement of laws 
        against counterfeiting and piracy.
            (7) To identify and promote other means to more effectively 
        combat counterfeiting and piracy activities under the 
        jurisdiction of the host country.
    (e) Training.--The Secretary of State shall ensure that each 
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 
                subparagraphs (A) and (B) and, if necessary, an 
                assessment of the need for additional resources for 
                such purposes.
    (h) Definitions.--In this section:
            (1) Counterfeiting; counterfeit goods.--
                    (A) Counterfeiting.--The term ``counterfeiting'' 
                means activities related to production of or 
                trafficking in goods, including packaging, that bear a 
                spurious mark or designation that is identical to or 
                substantially indistinguishable from a mark or 
                designation protected under trademark laws or related 
                legislation.
                    (B) Counterfeit goods.--The term ``counterfeit 
                goods'' means those goods described in subparagraph 
                (A).
            (2) Intellectual property rights.--The term ``intellectual 
        property rights'' means the rights of holders of copyrights, 
        patents, trademarks, other forms of intellectual property, and 
        trade secrets.
            (3) Piracy; pirated goods.--
                    (A) Piracy.--The term ``piracy'' means activities 
                related to production of or trafficking in unauthorized 
                copies or phonorecords of works protected under 
                copyright law or related legislation.
                    (B) Pirated goods.--The term ``pirated goods'' 
                means those copies or phonorecords described in 
                subparagraph (A).
            (4) United states person.--The term ``United States 
        person'' means--
                    (A) any United States resident or national,
                    (B) any corporation, partnership, other business 
                entity, or other organization, that is organized under 
                the laws of the United States, and
                    (C) any foreign subsidiary or affiliate (including 
                any permanent foreign establishment) of any 
                corporation, partnership, business entity, or 
                organization described in subparagraph (B), that is 
                controlled in fact by such corporation, partnership, 
                business entity, or organization,
        except that such term does not include an individual who 
        resides outside the United States and is employed by an 
        individual or entity other than an individual or entity 
        described in subparagraph (A), (B), or (C).
    (i) Authorization of Appropriations.--Of the amounts authorized to 
be appropriated under section 101, there are authorized to be 
appropriated for each fiscal year such sums as may be necessary for the 
training and support of the intellectual property 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. 308. DOMESTIC PARTNERS AS ELIGIBLE FAMILY MEMBERS.

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

                 TITLE IV--INTERNATIONAL ORGANIZATIONS

SEC. 401. STATEMENT OF POLICY REGARDING PEACEKEEPING OPERATIONS 
              CONTRIBUTIONS.

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

SEC. 402. ENHANCING NUCLEAR SAFEGUARDS.

    (a) Findings.--Congress makes the following findings:
            (1) The Treaty on the Non-Proliferation of Nuclear Weapons, 
        done at Washington, London, and Moscow July 1, 1968, and 
        entered into force March 5, 1970 (commonly known as the 
        ``Nuclear Non-Proliferation Treaty'' or ``NPT''), and the 
        safeguards system of the International Atomic Energy Agency 
        (IAEA) are indispensable to international peace and security.
            (2) Congress has long supported efforts aimed at effective 
        and efficient assurances of nuclear fuel supply, the 
        strengthening of IAEA safeguards, and assistance to the 
        developing world for nuclear and non-nuclear energy sources, as 
        embodied in the Nuclear Non-Proliferation Act of 1978 (22 
        U.S.C. 3201 et seq.).
            (3) According to some experts, global energy demand will 
        grow by 50 percent in the next 20 years, predominantly in the 
        developing world.
            (4) The Government Accountability Office (GAO) stated in 
        testimony before Congress in September 2006 that ``while IAEA 
        is increasingly relying on the analytical skills of its staff 
        to detect countries'' undeclared nuclear activities, the agency 
        is facing a looming human capital crisis.
            (5) The Director General of the IAEA told the Board of 
        Governors of the IAEA in March 2009 that the ``deteriorating 
        conditions in our laboratories, for example, threaten both our 
        ability to deliver our programmed, as well as our independent 
        analytical capability''.
            (6) Considerable investment is needed for the IAEA's 
        Safeguards Analytical Laboratory (SAL), to meet future IAEA 
        requirements as its workload is growing, the laboratory's 
        infrastructure is aging, and IAEA requirements have become more 
        demanding, and while initial plans have been made for 
        laboratory enhancement and are currently pending budgetary 
        approval (sometime in 2009), the simple fact is that, as more 
        countries implement IAEA safeguards, many more nuclear samples 
        come to SAL for analysis.
            (7) The existing funding, planning, and execution of IAEA 
        safeguards is not sufficient to meet the predicted growth in 
        the future of civilian nuclear power, and therefore any growth 
        in civilian nuclear power must be evaluated against the 
        challenges it poses to verification of the assurances of peace 
        and security provided by the IAEA safeguards system.
    (b) Authorization of Appropriations.--There is authorized to be 
appropriated $10,000,000 for the refurbishment or possible replacement 
of the IAEA's Safeguards Analytical Laboratory.
    (c) Report.--Not later than 180 days after the date of the 
enactment of this Act, the Secretary of State shall submit to the 
Committee on Foreign Affairs of the House of Representatives and the 
Committee on Foreign Relations of the Senate a report on the 
refurbishment or possible replacement of the IAEA's Safeguards 
Analytical Laboratory pursuant to subsection (b).

SEC. 403. DURBAN REVIEW CONFERENCE FUNDING.

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

SEC. 404. RESTRICTIONS REGARDING IRAN-LED INTERNATIONAL ORGANIZATIONS.

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

SEC. 405. UNITED NATIONS HUMAN RIGHTS COUNCIL.

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

SEC. 406. UNITED NATIONS RELIEF AND WORKS AGENCY.

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

SEC. 407. UNITED NATIONS DEVELOPMENT PROGRAM ETHICS JURISDICTION.

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

SEC. 408. WITHHOLDING OF CONTRIBUTIONS TO UNITED NATIONS FOR LEGAL FEES 
              OF CERTAIN OFFICERS OR EMPLOYEES.

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

SEC. 409. REVIEW OF ACTIVITIES OF INTERNATIONAL COMMISSIONS.

    (a) In General.--Not later than one year after the date of the 
enactment of this Act, and two years thereafter, the Secretary of State 
shall submit to the appropriate congressional committees a report on 
the activities of each of the international commissions specified in 
section 103.
    (b) Report Elements.--The reports required under subsection (a) 
shall include information on the following:
            (1) Amounts obligated and expended during the two previous 
        fiscal years by each of such commissions.
            (2) A description of the projects carried out during such 
        years by each of such commissions and a description of the 
        management and implementation of such projects, including the 
        use of private contractors.
            (3) Projects anticipated during the next two fiscal years 
        relating to the activities of each of such commissions because 
        of obligations that the United States has entered into based on 
        any treaty between the United States and another country.
    (c) Submission of Reports.--The reports required under subsection 
(a) may be combined with the annual budget justification submitted by 
the President in accordance with section 1105(a) of title 31, United 
States Code.

           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'', 
        $730,241,919 for fiscal year 2010 and such sums as may be 
        necessary for fiscal year 2011.
            (2) For ``Broadcasting Capital Improvements'', $11,713,952 
        for fiscal year 2010 and such sums as may be necessary for 
        fiscal year 2011.
            (3) For ``Broadcasting to Cuba'', $32,500,000 for fiscal 
        year 2010 and such sums as may be necessary for fiscal year 
        2011.

SEC. 502. PERSONAL SERVICES CONTRACTING PROGRAM.

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

SEC. 503. EMPLOYMENT FOR INTERNATIONAL BROADCASTING.

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

SEC. 504. DOMESTIC RELEASE OF THE VOICE OF AMERICA FILM ENTITLED ``A 
              FATEFUL HARVEST''.

    (a) In General.--Notwithstanding section 208 of the Foreign 
Relations Authorization Act, Fiscal Years 1986 and 1987 (22 U.S.C. 
1461-1a) and section 501(b) of the United States Information and 
Educational Exchange Act of 1948 (22 U.S.C. 1461(b)), the Director of 
the International Broadcasting Bureau shall provide a master copy of 
the film entitled ``A Fateful Harvest'' to the Archivist of the United 
States for domestic release in accordance with subsection (b).
    (b) Domestic Release.--Upon evidence that necessary United States 
rights and licenses have been secured by the person seeking domestic 
release of the film referred to in subsection (a), the Archivist 
shall--
            (1) deposit the film in the National Archives of the United 
        States; and
            (2) make copies of the film available for purchase and 
        public viewing within the United States.

SEC. 505. ESTABLISHING PERMANENT AUTHORITY FOR RADIO FREE ASIA.

    Section 309 of the United States International Broadcasting Act of 
1994 (22 U.S.C. 6208) is amended--
            (1) in subsection (c)(2), by striking ``, and shall further 
        specify that funds to carry out the activities of Radio Free 
        Asia may not be available after September 30, 2010'';
            (2) by striking subsection (f); and
            (3) by redesignating subsections (g) and (h) as subsection 
        (f) and (g), respectively.

 TITLE VI--UNITED NATIONS TRANSPARENCY, ACCOUNTABILITY, AND REFORM ACT 
                                OF 2009

SEC. 601. SHORT TITLE.

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

SEC. 602. DEFINITIONS.

    In this title :
            (1) Employee.--The term ``employee'' means an individual 
        who is employed in the general services, professional staff, or 
        senior management of the United Nations, including consultants, 
        contractors and subcontractors.
            (2) General assembly.--The term ``General Assembly'' means 
        the General Assembly of the United Nations.
            (3) Member state.--The term ``Member State'' means a Member 
        State of the United Nations. Such term is synonymous with the 
        term ``country''.
            (4) Secretary.--The term ``Secretary'' means the Secretary 
        of State.
            (5) Secretary general.--The term ``Secretary General'' 
        means the Secretary General of the United Nations.
            (6) Security council.--The term ``Security Council'' means 
        the Security Council of the United Nations.
            (7) UN.--The term ``UN'' means the United Nations.
            (8) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means--
                    (A) the Committees on Foreign Affairs, 
                Appropriations, and Oversight and Government Reform of 
                the House; and
                    (B) the Committees on Foreign Relations, 
                Appropriations, and Homeland Security and Governmental 
                Affairs of the Senate.

               Subtitle A--Funding of the United Nations

SEC. 611. FINDINGS.

    Congress finds the following:
            (1) The United States pays billions of dollars into the 
        United Nations system every year (over 5,300,000,000 dollars in 
        2005, according to the White House Office of Management and 
        Budget), significantly more than any other country.
            (2) Under current rules and contribution levels, it is 
        possible to assemble the two-thirds majority needed for 
        important United Nations budget votes with a group of countries 
        that, taken together, pay less than 1 percent of the total 
        United Nations regular budget.
            (3) The disconnect between contribution levels and 
        management control creates significant perverse incentives in 
        terms of United Nations spending, transparency, and 
        accountability.
            (4) The United Nations system suffers from unacceptably 
        high levels of waste, fraud, and abuse, which seriously impair 
        its ability to fulfill the lofty ideals of its founding.
            (5) Amidst the continuing financial, corruption, and sexual 
        abuse scandals of the past several years, American public 
        disapproval of United Nations has reached all-time highs. A 
        2008 Gallup poll revealed that 65 percent of Americans believe 
        that the United Nations is doing a poor job, a negative 
        assessment shared by a majority of respondents from both 
        political parties. Research polling by another firm in late 
        2006 found that 71 percent of Americans think that the United 
        Nations is ``no longer effective'' and needs to be 
        significantly reformed, while 75 percent think that the United 
        Nations ``needs to be held more accountable.''
            (6) Significant improvements in United Nations transparency 
        and accountability are necessary for improving public 
        perceptions of and American support for United Nations 
        operations.
            (7) Because of their need to justify future contributions 
        from donors, voluntarily funded organizations have more 
        incentive to be responsive and efficient in their operations 
        than organizations funded by compulsory contributions that are 
        not tied to performance.
            (8) Article XVII of the Charter of the United Nations, 
        which states that ``[t]he expenses of the Organization shall be 
        borne by the Members as apportioned by the General Assembly'', 
        leaves to the discretion of the General Assembly the basis of 
        apportionment, which could be done on the basis of voluntary 
        pledges by Member States.
            (9) Unlike United States assessed contributions to the 
        United Nations regular budget, which are statutorily capped at 
        22 percent of the total, there is no cap on voluntary 
        contributions.
            (10) The United States, which contributes generously to 
        international organizations whose activities it recognizes as 
        credible, worthwhile, and efficient, contributes more than 22 
        percent of the budget of certain voluntarily funded United 
        Nations Specialized Agencies.

SEC. 612. APPORTIONMENT OF THE UNITED NATIONS REGULAR BUDGET ON A 
              VOLUNTARY BASIS.

    (a) United States Policy.--
            (1) Shifting of funding.--It is the policy of the United 
        States to seek to shift the funding mechanism for the regular 
        budget of the United Nations from an assessed to a voluntary 
        basis.
            (2) Direction.--The President shall direct the United 
        States Permanent Representative to the United Nations to use 
        the voice, vote, and influence of the United States at the 
        United Nations to shift the funding mechanism for the regular 
        budget of the United Nations to a voluntary basis, and to make 
        it a priority to build support for such a transformational 
        change among Member States, particularly key United Nations 
        donors.
    (b) Certification of Predominantly Voluntary UN Regular Budget 
Finding.--A certification described in this section is a certification 
by the Secretary of State to the Appropriate Congressional Committees 
that at least 80 percent of the total regular budget of the United 
Nations is apportioned on a voluntary basis. Each such certification 
shall be shall be effective for a period of no more than 1 year, and 
shall be promptly revoked by the Secretary, with notice to the 
Appropriate Congressional Committees, if the underlying circumstances 
change so as not to warrant such certification.
    (c) Withholding of Nonvoluntary Contributions.--
            (1) In general.--Beginning two years after the effective 
        date of this Act and notwithstanding any other provision of 
        law, no funds may be obligated or expended for a United States 
        assessed contribution to the regular budget of the United 
        Nations in an amount greater than 50 percent of the United 
        States share of assessed contributions for the regular budget 
        of the United Nations unless there is in effect a certification 
        by the Secretary, as described in subsection (b).
            (2) Release.--For a period of three years after 
        appropriation, funds appropriated for use as a United States 
        contribution to the regular budget of the United Nations but 
        withheld from obligation and expenditure pursuant to paragraph 
        (1) may be obligated and expended for that purpose upon the 
        certification described in subsection (b). After three years, 
        in the absence of such certification, those funds shall revert 
        to the United States Treasury.

SEC. 613. BUDGET JUSTIFICATION FOR UNITED STATES CONTRIBUTIONS TO THE 
              REGULAR BUDGET OF THE UNITED NATIONS.

    (a) Detailed Itemization.--The annual congressional budget 
justification shall include a detailed itemized request in support of 
the contribution of the United States to the regular budget of the 
United Nations.
    (b) Contents of Detailed Itemization.--The detailed itemization 
required under subsection (a) shall--
            (1) contain information relating to the amounts requested 
        in support of each of the various sections and titles of the 
        regular budget of the United Nations; and
            (2) compare the amounts requested for the current year with 
        the actual or estimated amounts contributed by the United 
        States in previous fiscal years for the same sections and 
        titles.
    (c) Adjustments and Notification.--If the United Nations proposes 
an adjustment to its regular assessed budget, the Secretary of State 
shall, at the time such adjustment is presented to the Advisory 
Committee on Administrative and Budgetary Questions (ACABQ), notify and 
consult with the appropriate congressional committees.

     Subtitle B--Transparency and Accountability for United States 
                  Contributions to the United Nations

SEC. 621. FINDINGS.

    Congress finds the following:
            (1) As underscored by continuing revelations of waste, 
        fraud, and abuse, oversight and accountability mechanisms 
        within the United Nations system remain significantly 
        deficient, despite decades of reform attempts, including those 
        initiated by Secretaries General of the United Nations.
            (2) Notwithstanding the personal intentions of any 
        Secretary General of the United Nations to promote 
        institutional transparency and accountability within the United 
        Nations System, the Secretary General lacks the power to impose 
        far reaching management reforms without the concurrence of the 
        General Assembly.
            (3) Groupings of Member States whose voting power in the 
        General Assembly significantly outpaces their proportional 
        contributions to the United Nations system have repeatedly and 
        successfully defeated, delayed, and diluted various reform 
        proposals that would have enabled more detailed oversight and 
        scrutiny of United Nations system operations and expenditures.
            (4) To an unacceptable degree, major donor states, 
        including the United States, lack access to reasonably 
        detailed, reliable information that would allow them to 
        determine how their contributions have been spent by various 
        United Nations system entities, further contributing to the 
        lack of accountability within the United Nations system.

SEC. 622. DEFINITIONS.

    In this title:
            (1) United nations entity.--The term ``United Nations 
        Entity'' means any United Nations agency, commission, 
        conference, council, court, department, forum, fund, institute, 
        office, organization, partnership, program, subsidiary body, 
        tribunal, trust, university or academic body, related 
        organization or subsidiary body, wherever located, that flies 
        the United Nations flag or is authorized to use the United 
        Nations logo, including but not limited to those United Nations 
        affiliated agencies and bodies identified as recipients of 
        United States contributions under section 1225(b)(3)(E) of the 
        John Warner National Defense Authorization Act for Fiscal Year 
        2007 (Public Law 109-364).
            (2) United nations system.--The term ``United Nations 
        System'' means the aggregation of all United Nations Entities, 
        as defined in paragraph (1).
            (3) United states contribution.--The term ``United States 
        Contribution'' means an assessed or voluntary contribution, 
        whether financial, in-kind, or otherwise, from the United 
        States Federal Government to a United Nations Entity, including 
        contributions passed through other entities for ultimate use by 
        a United Nations Entity. United States Contributions include, 
        but are not limited to, those contributions identified pursuant 
        to section 1225(b)(3)(E) of the John Warner National Defense 
        Authorization Act for Fiscal Year 2007 (Public Law 109-364).
            (4) Transparency certification.--The term ``Transparency 
        Certification'' means an annual, written affirmation by the 
        head or authorized designee of a United Nations Entity that the 
        Entity will cooperate with the Inspector General, including by 
        providing the Inspector General, upon request, with full access 
        to Oversight Information as defined in this title.
            (5) Oversight information.--The term ``Oversight 
        Information'' includes--
                    (A) internally and externally commissioned audits, 
                program reviews, performance reports, and evaluations;
                    (B) financial statements, records, and billing 
                systems;
                    (C) program budgets and program budget 
                implications, including revised estimates and reports 
                produced by or provided to the Secretary General and 
                the Secretary General's agents on budget related 
                matters;
                    (D) operational plans, budgets, and budgetary 
                analyses for peacekeeping operations;
                    (E) analyses and reports regarding the scale of 
                assessments;
                    (F) databases and other data systems containing 
                financial or programmatic information;
                    (G) documents or other records alleging or 
                involving improper use of resources, misconduct, 
                mismanagement, or other violations of rules and 
                regulations applicable to the United Nations Entity; 
                and
                    (H) other documentation relevant to the audit and 
                investigative work of the United States Inspector 
                General for Contributions to the United Nations System.

SEC. 623. ESTABLISHMENT AND MANAGEMENT OF THE OFFICE OF THE UNITED 
              STATES INSPECTOR GENERAL FOR CONTRIBUTIONS TO THE UNITED 
              NATIONS SYSTEM.

    (a) Purpose.--The purpose of this section is to make possible the 
independent and objective conduct of audits and investigations relating 
to United States Contributions to the United Nations System and the use 
of those contributions by United Nations Entities, in an effort to 
eliminate and deter waste, fraud, and abuse in the use of those 
contributions, and thereby to contribute to the development of greater 
transparency, accountability, and internal controls throughout the 
United Nations System.
    (b) Establishment.--There is hereby established the Office of the 
United States Inspector General for Contributions to the United Nations 
System.
    (c) Inspector General.--
            (1) Appointment.--The head of the Office of the United 
        States Inspector General for Contributions to the United 
        Nations System is the Inspector General for Contributions to 
        the United Nations System, who shall be appointed by the 
        President, by and with the advice and consent of the Senate, on 
        the basis of integrity and demonstrated ability in accounting, 
        auditing, financial analysis, law, management analysis, public 
        administration, or investigations.
            (2) Nomination.--The nomination of an individual as 
        Inspector General shall be made not later than 30 days after 
        the enactment of this Act.
            (3) Removal.--The Inspector General may be removed from 
        office by the President. The President shall communicate the 
        reasons for any such removal to both Houses of Congress.
            (4) Compensation.--The annual rate of basic pay of the 
        Inspector General shall be the annual rate of basic pay 
        provided for positions at level IV of the Executive Schedule 
        under section 5315 of title 5, United States Code.
            (5) Relationship to board.--
                    (A) Except as provided in subparagraph (B), the 
                Inspector General shall report directly to and be under 
                the general supervision of, the Board of Directors 
                created in subsection (d).
                    (B) Neither the Board, any officer of the Board, 
                nor any officer of a federal department or agency shall 
                prevent or prohibit the Inspector General from 
                initiating, carrying out, or completing any audit or 
                investigation.
            (6) Duties.--
                    (A) In general.--It shall be the duty of the 
                Inspector General to conduct, supervise, and coordinate 
                audits and investigations of--
                            (i) the treatment, handling, expenditure, 
                        and use of United States Contributions by and 
                        to United Nations Entities; and
                            (ii) the adequacy of accounting, oversight, 
                        and internal control mechanisms at United 
                        Nations Entities that receive United States 
                        Contributions.
                    (B) Supervision.--The Inspector General shall 
                establish, maintain, and oversee such systems, 
                procedures, and controls as the Inspector General 
                considers appropriate to discharge the duty under 
                subparagraph (A).
                    (C) Operation.--The Inspector General shall carry 
                out the duties specified in subparagraphs (A) and (B) 
                in accordance with section 4(b)(1) of the Inspector 
                General Act of 1978.
                    (D) Maintenance of records.--The Inspector General 
                shall collect and maintain current records regarding 
                Transparency Certifications by all United Nations 
                Entities that receive United States Contributions.
                    (E) Notification.--The Inspector General shall keep 
                the Board of Directors and the Congress fully and 
                promptly informed of how United Nations Entities are 
                spending United States Contributions by means of 
                reports, testimony, and briefings.
                    (F) Referrals.--
                            (i) The Inspector General shall promptly 
                        report to the United States Attorney General 
                        when Inspector General has reasonable grounds 
                        to believe a United States federal criminal law 
                        has been violated by a United Nations Entity or 
                        one of its employees, contractors, or 
                        representatives.
                            (ii) The Inspector General shall promptly 
                        report, when appropriate, to the Secretary 
                        General or the head of the appropriate United 
                        Nations Entity cases where the Inspector 
                        General reasonably believes that mismanagement, 
                        misfeasance, or malfeasance is likely to have 
                        taken place within a United Nations Entity and 
                        disciplinary proceedings are likely justified.
            (7) Personnel, facilities, and other resources.--
                    (A) In general.--The Inspector General may select, 
                appoint, and employ such officers and employees as may 
                be necessary for carrying out the duties of the 
                Inspector General.
                    (B) Services.--The inspector general may obtain 
                services as authorized by section 3109 of title 5, 
                United States Code, at daily rates not to exceed the 
                equivalent rate prescribed for grade GS-15 of the 
                General Schedule by section 5332 of such title.
                    (C) Real property.--The Inspector General may 
                lease, purchase, or otherwise acquire, improve, and use 
                such real property wherever situated, as may be 
                necessary for carrying out this section.
                    (D) Contracts.--To the extent and in such amounts 
                as may be provided in advance by appropriations Acts, 
                the Inspector General my enter into contracts and other 
                arrangements for audits, studies, analyses, and other 
                services with public agencies and with private persons, 
                and make such payments as may be necessary to carry out 
                the duties of the Inspector General.
                    (E) Detailees.--Upon request by the Inspector 
                General, the head of an agency may detail any employee 
                of such agency to the Office of the United States 
                Inspector General for Contributions to the United 
                Nations System on a reimbursable basis. Any employee so 
                detailed remains, for the purpose of preserving such 
                employee's allowances, privileges, rights, seniority, 
                and other benefits, an employee of the agency from 
                which detailed.
            (8) Cooperation by united states government entities.--
                    (A) In general.--In carrying out the duties, 
                responsibilities, and authorities of the Inspector 
                General under this section, the Inspector General shall 
                receive the cooperation of inspectors general of other 
                Federal Government agencies.
                    (B) Assistance.--Upon request of the Inspector 
                General for information or assistance from any 
                department, agency, or other entity of the Federal 
                Government, the head of such entity shall, insofar as 
                is practicable and not in contravention of any existing 
                law, furnish such information or assistance to the 
                Inspector General, or an authorized designee.
                    (C) Report.--Whenever information or assistance 
                requested by the Inspector General is, in the judgment 
                of the Inspector General, unreasonably refused or not 
                provided, the Inspector General shall report the 
                circumstances to the Board of Directors and to the 
                Appropriate Congressional Committees without delay.
            (9) Confirmation of transparency by united nations 
        entities.--
                    (A) Prompt notice by inspector general.--Whenever 
                information or assistance requested from a United 
                Nations Entity by the Inspector General pursuant to a 
                Transparency Certification is, in the opinion of the 
                Inspector General, unreasonably refused or not provided 
                in a timely manner, the Inspector General shall notify 
                the Board of Directors, the head of that particular 
                United Nations Entity, and the Secretary General of the 
                circumstances in writing, without delay.
                    (B) Notice of compliance.--If and when the 
                information or assistance being sought by the Inspector 
                General in connection with a notification pursuant to 
                subparagraph (A) is provided to the satisfaction of the 
                Inspector General, the Inspector General shall so 
                notify in writing the United Nations Entity, the Board 
                of Directors, and the Appropriate Congressional 
                Committees.
                    (C) Noncompliance.--If the information or 
                assistance being sought by the Inspector General in 
                connection with a notification pursuant to subparagraph 
                (A) is not provided to the satisfaction of the 
                Inspector General within 90 days of that notification, 
                then the United Nations Entity that is the subject of 
                the notification is deemed to be noncompliant with its 
                Transparency Certification, and the Inspector General 
                shall provide prompt, written notification of that fact 
                to the Board of Directors, Appropriate Congressional 
                Committees, the head of that United Nations Entity, the 
                Secretary General, and any office or agency of the 
                Federal Government that has provided that United 
                Nations Entity with any United States Contribution 
                during the prior 2 years.
                    (D) Restoration of compliance.--After the situation 
                has been resolved to the satisfaction of the Board of 
                Directors, a finding of Transparency Certification 
                noncompliance pursuant to subparagraph (B) may be 
                reversed by an affirmative vote of at least 5 of the 7 
                members of the Board of Directors. The Board shall 
                promptly provide notification of such restoration, 
                along with a description of the basis for the Board's 
                decision, to the Inspector General, Appropriate 
                Congressional Committees, the head of the affected 
                United Nations Entity, the Secretary General, and the 
                head of any office or agency of the Federal Government 
                that has provided that United Nations Entity with any 
                United States Contribution during the prior 2 years.
                    (E) Cost reimbursement.--The Inspector General may 
                reimburse United Nations Entities for the reasonable 
                cost of providing to the Inspector General information 
                or assistance sought pursuant to a Transparency 
                Certification for the purpose of performing the duties 
                described in paragraph (6).
            (10) Reports.--
                    (A) Audit and investigation reports.--Promptly upon 
                completion, the Inspector General shall provide copies 
                of each audit and investigation report completed 
                pursuant to paragraph (6) to the Board of Directors, 
                the Appropriate Congressional Committees, and, to the 
                extent permissible under United States law, the head of 
                each United Nations Entity that is the subject of that 
                particular report.
                    (B) Semiannual reports.--Not later than May 30, 
                2010, and semiannually thereafter, the Inspector 
                General shall submit to the Appropriate Congressional 
                Committees a report that, among other things--
                            (i) meets the requirements of section 5 of 
                        the Inspector General Act of 1978; and
                            (ii) includes a list of and detailed 
                        description of the circumstances surrounding 
                        any notification of noncompliance issued 
                        pursuant to paragraph (9)(C) during the covered 
                        timeframe, and whether and when Board of 
                        Directors has reversed such finding of 
                        noncompliance.
                    (C) Prohibited disclosures.--Nothing in this 
                subsection shall be construed to authorize the public 
                disclosure of information that is--
                            (i) specifically prohibited from disclosure 
                        by any other provision of law;
                            (ii) specifically required by Executive 
                        order to be protected from disclosure in the 
                        interest of national defense or national 
                        security or in the conduct of foreign affairs; 
                        or
                            (iii) a part of an ongoing criminal 
                        investigation.
                    (D) Privacy protections.--The Inspector General 
                shall exempt from public disclosure information 
                received from a United Nations Entity or developed 
                during an audit or investigation that the Inspector 
                General believes--
                            (i) constitutes a trade secret or 
                        privileged and confidential personal financial 
                        information;
                            (ii) accuses a particular person of a 
                        crime;
                            (iii) would, if publicly disclosed, 
                        constitute a clearly unwarranted invasion of 
                        personal privacy; and
                            (iv) would compromise an ongoing law 
                        enforcement investigation or judicial trial in 
                        the United States.
                    (E) Publication.--Subject only to the exceptions 
                detailed in subparagraphs (C) and (D), the Inspector 
                General shall promptly publish each report under this 
                subsection on a publicly available and searchable 
                Internet website.
    (d) Board of Directors.--
            (1) Establishment.--The Office of the United States 
        Inspector General for Contributions to the United Nations 
        System shall have a Board of Directors.
            (2) Duties.--The Board shall receive information and 
        reports of audits and investigations from the Office and the 
        Inspector General, provide general direction and supervision to 
        the Office and the Inspector General, and determine the 
        restoration of compliance by any United Nations Entity with its 
        Transparency Certification pursuant to subsection (c)(9)(D).
            (3) Membership.--The Board shall consist of the Secretary 
        of State (or the Secretary's designee), the Secretary of Labor 
        (or the Secretary's designee), the Secretary of Agriculture (or 
        the Secretary's designee), the Secretary of Defense (or the 
        Secretary's designee), the Administrator of the Environmental 
        Protection Agency (or the Administrator's designee), the 
        Secretary of the Treasury (or the Secretary's designee), and 
        the Director of the Office of Management and Budget (or the 
        Director's designee).
            (4) Chairmanship.--The Board shall be chaired by a board 
        member, and the chairmanship shall rotate among the member 
        departments and agencies on an annual basis. The first chair 
        shall be the Director or designee from the Office of Management 
        and Budget.

SEC. 624. TRANSPARENCY FOR UNITED STATES CONTRIBUTIONS.

    (a) Funding Prerequisites.--Notwithstanding any other provision of 
law, no funds made available for use as a United States Contribution to 
any United Nations Entity may be obligated or expended if--
            (1) the intended United Nations Entity recipient has not 
        provided to the Inspector General within the preceding year a 
        Transparency Certification as defined in section _22(4); or
            (2) the intended United Nations Entity recipient is 
        noncompliant with its Transparency Certification as described 
        in section _23(c)(9)(C).
    (b) Treatment of Funds Withheld for Noncompliance.--At the 
conclusion of each fiscal year, any funds that had been appropriated 
for use as a United States Contribution to a United Nations Entity 
during that fiscal year, but could not be obligated or expended because 
of the restrictions of paragraph (1), shall be returned to the United 
States Treasury, and are not subject to reprogramming for any other 
use. Any such funds returned to the Treasury shall not be considered 
arrears to be repaid to any United Nations Entity.
    (c) Presidential Waiver.--The President may waive the limitations 
of this subsection with respect to a particular United States 
Contribution to a particular United Nations Entity within a single 
fiscal year if the President determines that it is required by the 
national security interests of the United States and provides 
notification and explanation of that determination to the Appropriate 
Congressional Committees.

SEC. 625. AUTHORIZATION OF APPROPRIATIONS.

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

         Subtitle C--United States Policy at the United Nations

SEC. 631. ANNUAL PUBLICATION.

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

SEC. 632. ANNUAL FINANCIAL DISCLOSURE.

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

SEC. 633. POLICY WITH RESPECT TO EXPANSION OF THE SECURITY COUNCIL.

    It shall be the policy of the United States to use the voice, vote, 
and influence of the United States at the United Nations to oppose any 
proposals on expansion of the Security Council if such expansion 
would--
            (1) diminish the influence of the United States on the 
        Security Council;
            (2) include veto rights for any new members of the Security 
        Council; or
            (3) undermine the effectiveness of the Security Council.

SEC. 634. ACCESS TO REPORTS AND AUDITS.

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

SEC. 635. WAIVER OF IMMUNITY.

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

SEC. 636. TERRORISM AND THE UNITED NATIONS.

    The President shall direct the United States Permanent 
Representative to the United Nations to use the voice, vote, and 
influence of the United States at the United Nations to work toward 
adoption by the general assembly of--
            (1) a definition of terrorism that--
                    (A) builds upon the recommendations of the December 
                2004 report of the High-Level Panel on Threats, 
                Challenges, and Change;
                    (B) includes as an essential component of such 
                definition any action that is intended to cause death 
                or serious bodily harm to civilians with the purpose of 
                intimidating a population or compelling a government or 
                an international organization to do, or abstain from 
                doing, any act; and
                    (C) does not propose a legal or moral equivalence 
                between an action described in paragraph (1)(B) and 
                measures taken by a government or international 
                organization in self-defense against an action 
                described in paragraph (1)(B); and
            (2) a comprehensive convention on terrorism that includes 
        the definition described in paragraph (1).

SEC. 637. REPORT ON UNITED NATIONS REFORM.

    (a) In General.--Not later than 180 days after the date of the 
enactment of this Act and annually for each of the next three years, 
the Secretary shall submit to the appropriate congressional committees 
a report on United Nations reform.
    (b) Contents.--The report required under subsection (a) shall 
describe--
            (1) progress toward the goal of shifting the funding for 
        the United Nations Regular Budget to a voluntary basis as 
        identified in section _12 above, and a detailed description of 
        efforts and activities by United States diplomats and officials 
        toward that end;
            (2) progress toward each of the policy goals identified in 
        the prior sections of this title, and a detailed, goal-specific 
        description of efforts and activities by United States 
        diplomats and officials toward those ends;
            (3) the status of the implementation of management reforms 
        within the United Nations and its specialized agencies;
            (4) the number of outputs, reports, or other mandates 
        generated by General Assembly resolutions that have been 
        eliminated;
            (5) the progress of the General Assembly to modernize and 
        streamline the committee structure and its specific 
        recommendations on oversight and committee outputs, consistent 
        with the March 2005 report of the Secretary General entitled 
        ``In larger freedom: towards development, security and human 
        rights for all'';
            (6) the status of the review by the General Assembly of all 
        mandates older than 5 years and how resources have been 
        redirected to new challenges, consistent with such March 2005 
        report of the Secretary General;
            (7) the continued utility and relevance of the Economic and 
        Financial Committee and the Social, Humanitarian, and Cultural 
        Committee, in light of the duplicative agendas of those 
        committees and the Economic and Social Council; and
            (8) whether the United Nations or any of its specialized 
        agencies has contracted with any party included on the Lists of 
        Parties Excluded from Federal Procurement and Nonprocurement 
        Programs.

SEC. 638. REPORT ON UNITED NATIONS PERSONNEL.

    (a) In General.--Not later than one year after the date of the 
enactment of this Act, the Secretary of State shall submit to the 
appropriate congressional committees a report--
            (1) concerning the progress of the General Assembly to 
        modernize human resource practices, consistent with the March 
        2005 report of the Secretary General entitled ``In larger 
        freedom: towards development, security and human rights for 
        all''; and
            (2) containing the information described in subsection (b).
    (b) Contents.--The report shall include--
            (1) a comprehensive evaluation of human resources reforms 
        at the United Nations, including an evaluation of--
                    (A) tenure;
                    (B) performance reviews;
                    (C) the promotion system;
                    (D) a merit-based hiring system and enhanced 
                regulations concerning termination of employment of 
                employees; and
                    (E) the implementation of a code of conduct and 
                ethics training;
            (2) the implementation of a system of procedures for filing 
        complaints and protective measures for work-place harassment, 
        including sexual harassment;
            (3) policy recommendations relating to the establishment of 
        a rotation requirement for nonadministrative positions;
            (4) policy recommendations relating to the establishment of 
        a prohibition preventing personnel and officials assigned to 
        the mission of a member state to the united nations from 
        transferring to a position within the United Nations 
        Secretariat that is compensated at the P-5 level and above;
            (5) policy recommendations relating to a reduction in 
        travel allowances and attendant oversight with respect to 
        accommodations and airline flights; and
            (6) an evaluation of the recommendations of the Secretary 
        General relating to greater flexibility for the Secretary 
        General in staffing decisions to accommodate changing 
        priorities.

SEC. 639. WITHHOLDING OF UNITED STATES CONTRIBUTIONS TO UNRWA.

    (a) Withholding.--Contributions by the United States to the regular 
budget of the United Nations Relief and Works Agency for Palestine 
Refugees in the Near East (UNRWA), to any successor or related entity, 
or to the regular budget of the United Nations for the support of UNRWA 
or a successor entity (through staff positions provided by the United 
Nations Secretariat, or otherwise), may be provided only during a 
period for which a certification described in subsection (b) is in 
effect.
    (b) Certification.--A certification described in this paragraph is 
a written determination by the Secretary, based on all information 
available after diligent inquiry, and transmitted to the Appropriate 
Congressional Committees along with a detailed description of the 
factual basis therefor, that--
            (1) no official, employee, consultant, contractor, 
        subcontractor, representative, or affiliate of UNRWA--
                    (A) is a member of a foreign terrorist 
                organization;
                    (B) has propagated, disseminated, or incited anti-
                American, anti-Israel, or anti-Semitic rhetoric or 
                propaganda; or
                    (C) has used any UNRWA resources, including 
                publications or Web sites, to propagate or disseminate 
                political materials, including political rhetoric 
                regarding the Israeli-Palestinian conflict;
            (2) no UNRWA school, hospital, clinic, other facility, or 
        other infrastructure or resource is being used by a foreign 
        terrorist organization for operations, planning, training, 
        recruitment, fundraising, indoctrination, communications, 
        sanctuary, storage of weapons or other materials, or any other 
        purposes;
            (3) UNRWA is subject to comprehensive financial audits by 
        an internationally recognized third party independent auditing 
        firm and has implemented an effective system of vetting and 
        oversight to prevent the use, receipt, or diversion of any 
        UNRWA resources by any foreign terrorist organization or 
        members thereof;
            (4) no UNRWA-funded school or educational institution uses 
        textbooks or other educational materials that propagate or 
        disseminate anti-American, anti-Israel, or anti-Semitic 
        rhetoric, propaganda or incitement; and
            (5) no recipient of UNRWA funds or loans is a member of a 
        foreign terrorist organization.
    (c) Definition.--In this section, the term ``foreign terrorist 
organization'' means an organization designated as a foreign terrorist 
organization by the Secretary of State in accordance with section 
219(a) of the Immigration and Nationality Act (8 U.S.C. 1189(a)).
    (d) Effective Duration of Certification.--The certification 
described in subsection (b) shall be effective for a period of 180 days 
from the date of transmission to the Appropriate Congressional 
Committees, or until the Secretary receives information rendering that 
certification factually inaccurate, whichever is earliest. In the event 
that a certification becomes ineffective, the Secretary shall promptly 
transmit to the Appropriate Congressional Committees a description of 
any information that precludes the renewal or continuation of the 
certification.
    (e) Limitation.--During a period for which a certification 
described in subsection (b) is in effect, the United States may not 
contribute to the United Nations Relief and Works Agency for Palestine 
Refugees in the Near East (UNRWA) or a successor entity an annual 
amount--
            (1) greater than the highest annual contribution to UNRWA 
        made by a member country of the League of Arab States;
            (2) that, as a proportion of the total UNRWA budget, 
        exceeds the proportion of the total budget for the United 
        Nations High Commissioner for Refugees (UNHCR) paid by the 
        United States; or
            (3) that exceeds 22 percent of the total budget of UNRWA.
    (f) Sense of Congress.--It is the sense of Congress that, in order 
to alleviate the suffering of Palestinian refugees, responsibility for 
those refugees should be fully transferred to the Office of the United 
Nations High Commissioner for Refugees.

SEC. 640. UNITED NATIONS TREATY BODIES.

    The United States shall withhold from United States contributions 
to the regular assessed budget of the United Nations for a biennial 
period amounts that are proportional to the percentage of such budget 
that are expended with respect to a United Nations human rights treaty 
monitoring body or committee that was established by--
            (1) a convention (without any protocols) or an 
        international covenant (without any protocols) to which the 
        United States is not party; or
            (2) a convention, with a subsequent protocol, if the United 
        States is a party to neither.

SEC. 641. EQUALITY AT THE UNITED NATIONS.

    (a) Department of State Review and Report.--
            (1) In general.--To avoid duplicative efforts and funding 
        with respect to Palestinian interests and to ensure balance in 
        the approach to Israeli-Palestinian issues, the Secretary 
        shall, not later than 180 days after the date of the enactment 
        of this Act--
                    (A) complete an audit of the functions of the 
                entities listed in paragraph (2); and
                    (B) submit to the appropriate congressional 
                committees a report containing audit findings and 
                conclusions, and recommendations for the elimination of 
                such duplicative entities and efforts.
            (2) Entities.--The entities referred to in paragraph (1) 
        are the following:
                    (A) The United Nations Division for Palestinian 
                Rights.
                    (B) The Committee on the Exercise of the 
                Inalienable Rights of the Palestinian People.
                    (C) The United Nations Special Coordinator for the 
                Middle East Peace Process and Personal Representative 
                to the Palestine Liberation Organization and the 
                Palestinian Authority.
                    (D) The NGO Network on the Question of Palestine.
                    (E) The Special Committee to Investigate Israeli 
                Practices Affecting the Human Rights of the Palestinian 
                People and Other Arabs of the Occupied Territories.
                    (F) Any other entity the Secretary determines 
                results in duplicative efforts or funding or fails to 
                ensure balance in the approach to Israeli-Palestinian 
                issues.
    (b) Implementation by Permanent Representative.--
            (1) In general.--The President shall direct the United 
        States Permanent Representative to the United Nations to use 
        the voice, vote, and influence of the United States at the 
        United Nations to seek the implementation of the 
        recommendations contained in the report required under 
        subsection (a)(1)(B).
            (2) Withholding of funds.--Until such recommendations have 
        been implemented, the United States shall withhold from United 
        States contributions to the regular assessed budget of the 
        United Nations for a biennial period amounts that are 
        proportional to the percentage of such budget that are expended 
        for such entities.
    (c) GAO Audit.--The Comptroller General of the United States of the 
Government Accountability Office shall conduct an audit of--
            (1) the status of the implementation of the recommendations 
        contained in the report required under subsection (a)(1)(B); 
        and
            (2) United States actions and achievements under subsection 
        (b).

SEC. 642. ANTI-SEMITISM AND THE UNITED NATIONS.

    The President shall direct the United States permanent 
representative to the United Nations to use the voice, vote, and 
influence of the United States at the United Nations to make every 
effort to--
            (1) ensure the issuance and implementation of a directive 
        by the Secretary General or the Secretariat, as appropriate, 
        that--
                    (A) requires all employees of the United Nations 
                and its specialized agencies to officially and publicly 
                condemn anti-Semitic statements made at any session of 
                the United Nations or its specialized agencies, or at 
                any other session sponsored by the United Nations;
                    (B) requires employees of the United Nations and 
                its specialized agencies, programs, and funds to be 
                subject to punitive action, including immediate 
                dismissal, for making anti-Semitic statements or 
                references;
                    (C) proposes specific recommendations to the 
                General Assembly for the establishment of mechanisms to 
                hold accountable employees and officials of the United 
                Nations and its specialized agencies, programs, and 
                funds, or Member States, that make such anti-Semitic 
                statements or references in any forum of the United 
                Nations or of its specialized agencies;
                    (D) continues to develop and implements education 
                awareness programs about the Holocaust and anti-
                Semitism throughout the world, as part of an effort to 
                combat intolerance and hatred; and
                    (E) requires the Office of the United Nations High 
                Commissioner for Human Rights (OHCHR) to develop 
                programming and other measures that address anti-
                Semitism;
            (2) secure the adoption of a resolution by the General 
        Assembly that establishes the mechanisms described in paragraph 
        (1)(C); and
            (3) continue working toward further reduction of anti-
        Semitic language and anti-Israel resolutions in the United 
        Nations and its specialized agencies, programs, and funds.

SEC. 643. REGIONAL GROUP INCLUSION OF ISRAEL.

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

            Subtitle D--United Nations Human Rights Council

SEC. 651. FINDINGS.

    Congress finds the following:
            (1) Since its establishment in 2006, the United Nations 
        Human Rights Council has failed to meaningfully promote the 
        protection of internationally recognized human rights, and has 
        proven to be even more problematic than the United Nations 
        Human Rights Commission that it was created to replace.
            (2) The United Nations Human Rights Council suffers from 
        significant structural flaws, such as the fact that it draws 
        its members from the General Assembly without any substantive 
        membership criteria, with the perverse result that a number of 
        the world's worst human rights abusers are members of the 
        council.
            (3) The structure and composition of the United Nations 
        Human Rights Council have made it subject to gross political 
        manipulation, with the result that, during its two and one-half 
        years of operation, the Council has passed 20 resolutions 
        censuring the democratic state of Israel, as compared to only 4 
        censuring the dictatorship in Burma, just one censuring the 
        North Korean regime, and none condemning the severe, ongoing 
        human rights abuses in Sudan, China, Cuba, Zimbabwe, Belarus, 
        and elsewhere.

SEC. 652. HUMAN RIGHTS COUNCIL MEMBERSHIP AND FUNDING.

    (a) In General.--For each fiscal year subsequent to the effective 
date of this Act until the Secretary of State submits to Congress a 
certification that the requirements described in subsection (b) have 
been satisfied--
            (1) the Secretary of State shall withhold from a United 
        States contribution each fiscal year to a regularly assessed 
        biennial budget of the United Nations an amount that is equal 
        to the percentage of such contribution that the Secretary 
        determines would be allocated by the United Nations to support 
        the United Nations Human Rights Council;
            (2) the Secretary of State shall not make a voluntary 
        contribution to the United Nations Human Rights Council; and
            (3) the United States shall not run for a seat on the 
        United Nations Human Rights Council.
    (b) Certification.--The annual certification referred to in 
subsection (a) is a certification made by the Secretary to Congress 
that the United Nations Human Rights Council does not include a Member 
State--
            (1) subject to sanctions by the Security Council;
            (2) under a Security Council-mandated investigation for 
        human rights abuses;
            (3) subject, within the prior 5 years, to a country-
        specific resolution passed under Agenda Item 9 by the former 
        United Nations Human Rights Commission;
            (4) which the Secretary of State has determined, for 
        purposes of section 6(j) of the Export Administration Act of 
        1979 (as continued in effect pursuant to the International 
        Emergency Economic Powers Act), section 40 of the Arms Export 
        Control Act, section 620A of the Foreign Assistance Act of 
        1961, or other provision of law, is a government that has 
        repeatedly provided support for acts of international 
        terrorism; or
            (5) which the President has designated as a country of 
        particular concern for religious freedom under section 402(b) 
        of the International Religious Freedom Act of 1998.

             Subtitle E--International Atomic Energy Agency

SEC. 661. INTERNATIONAL ATOMIC ENERGY AGENCY.

    (a) Enforcement and Compliance.--
            (1) Office of compliance.--
                    (A) Establishment.--The President shall direct the 
                United States Permanent Representative to International 
                Atomic Energy Agency (IAEA) to use the voice, vote, and 
                influence of the United States at the IAEA to establish 
                an Office of Compliance in the Secretariat of the IAEA.
                    (B) Operation.--The Office of Compliance shall--
                            (i) function as an independent body 
                        composed of technical experts who shall work in 
                        consultation with IAEA inspectors to assess 
                        compliance by IAEA Member States and provide 
                        recommendations to the IAEA Board of Governors 
                        concerning penalties to be imposed on IAEA 
                        Member States that fail to fulfill their 
                        obligations under IAEA Board resolutions;
                            (ii) base its assessments and 
                        recommendations on IAEA inspection reports; and
                            (iii) take into consideration information 
                        provided by IAEA Board Members that are 1 of 
                        the 5 nuclear weapons states as recognized by 
                        the Treaty on the Non-Proliferation of Nuclear 
                        Weapons (21 UST 483) (commonly referred to as 
                        the ``Nuclear Nonproliferation Treaty'' or the 
                        ``NPT'').
                    (C) Staffing.--The Office of Compliance shall be 
                staffed from existing personnel in the Department of 
                Safeguards of the IAEA or the Department of Nuclear 
                Safety and Security of the IAEA.
            (2) Committee on safeguards and verification.--The 
        President shall direct the United States Permanent 
        Representative to the IAEA to use the voice, vote, and 
        influence of the United States at the IAEA to ensure that the 
        Committee on Safeguards and Verification established in 2005 
        shall develop and seek to put into force a workplan of concrete 
        measures that will--
                    (A) improve the ability of the IAEA to monitor and 
                enforce compliance by Member States of the IAEA with 
                the Nuclear Nonproliferation Treaty and the Statute of 
                the International Atomic Energy Agency; and
                    (B) enhance the ability of the IAEA, beyond the 
                verification mechanisms and authorities contained in 
                the Additional Protocol to the Safeguards Agreements 
                between the IAEA and Member States of the IAEA, to 
                detect with a high degree of confidence undeclared 
                nuclear activities by a Member State.
            (3) Penalties with respect to the iaea.--
                    (A) In general.--The President shall direct the 
                United States Permanent Representative to the IAEA to 
                use the voice, vote, and influence of the United States 
                at the IAEA to ensure that a Member State of the IAEA 
                that is under investigation for a breach of or 
                noncompliance with its IAEA obligations or the purposes 
                and principles of the Charter of the United Nations has 
                its privileges suspended, including--
                            (i) limiting its ability to vote on its 
                        case;
                            (ii) being prevented from receiving any 
                        technical assistance; and
                            (iii) being prevented from hosting 
                        meetings.
                    (B) Termination of penalties.--The penalties 
                specified under subparagraph (A) shall be terminated 
                when such investigation is concluded and such Member 
                State is no longer in such breach or noncompliance.
            (4) Penalties with respect to the nuclear nonproliferation 
        treaty.--The President shall direct the United States Permanent 
        Representative to the IAEA to use the voice, vote, and 
        influence of the United States at the IAEA to ensure that a 
        Member State of the IAEA that is found to be in breach of, in 
        noncompliance with, or has withdrawn from the Nuclear 
        Nonproliferation Treaty shall return to the IAEA all nuclear 
        materials and technology received from the IAEA, any Member 
        State of the IAEA, or any Member State of the Nuclear 
        Nonproliferation Treaty.
    (b) United States Contributions.--
            (1) Voluntary contributions.--Voluntary contributions of 
        the United States to the IAEA should primarily be used to fund 
        activities relating to Nuclear Safety and Security or 
        activities relating to Nuclear Verification.
            (2) Limitation on use of funds.--The President shall direct 
        the United States Permanent Representative to the IAEA to use 
        the voice, vote, and influence of the United States at the IAEA 
        to--
                    (A) ensure that funds for safeguards inspections 
                are prioritized for countries that have newly 
                established nuclear programs or are initiating nuclear 
                programs; and
                    (B) block the allocation of funds for any other 
                IAEA development, environmental, or nuclear science 
                assistance or activity to a country--
                            (i) the government of which the Secretary 
                        of State has determined, for purposes of 
                        section 6(j) of the Export Administration Act 
                        of 1979, section 620A of the Foreign Assistance 
                        Act of 1961, section 40 of the Arms Export 
                        Control Act, or other provision of law, is a 
                        government that has repeatedly provided support 
                        for acts of international terrorism and the 
                        government of which the Secretary has 
                        determined has not dismantled and surrendered 
                        its weapons of mass destruction programs under 
                        international verification;
                            (ii) that is under investigation for a 
                        breach of or noncompliance with its IAEA 
                        obligations or the purposes and principles of 
                        the Charter of the United Nations; or
                            (iii) that is in violation of its IAEA 
                        obligations or the purposes and principles of 
                        the Charter of the United Nations.
            (3) Detail of expenditures.--The President shall direct the 
        United States Permanent Representative to the IAEA to use the 
        voice, vote, and influence of the United States at the IAEA to 
        secure, as part of the regular budget presentation of the IAEA 
        to Member States of the IAEA, a detailed breakdown by country 
        of expenditures of the IAEA for safeguards inspections and 
        nuclear security activities.
    (c) Membership.--
            (1) In general.--The President shall direct the United 
        States Permanent Representative to the IAEA to use the voice, 
        vote, and influence of the United States at the IAEA to block 
        the membership on the Board of Governors of the IAEA for a 
        Member State of the IAEA that has not signed and ratified the 
        Additional Protocol and--
                    (A) is under investigation for a breach of or 
                noncompliance with its IAEA obligations or the purposes 
                and principles of the Charter of the United Nations; or
                    (B) that is in violation of its IAEA obligations or 
                the purposes and principles of the Charter of the 
                United Nations.
            (2) Criteria.--The United States Permanent Representative 
        to the IAEA shall make every effort to modify the criteria for 
        Board membership to reflect the principles described in 
        paragraph (1).
    (d) Small Quantities Protocol.--The President shall direct the 
United States Permanent Representative to the IAEA to use the voice, 
vote, and influence of the United States at the IAEA to make every 
effort to ensure that the IAEA changes the policy regarding the Small 
Quantities Protocol in order to--
            (1) rescind and eliminate the Small Quantities Protocol;
            (2) require that any IAEA Member State that has previously 
        signed a Small Quantities Protocol to sign, ratify, and 
        implement the Additional Protocol, provide immediate access for 
        IAEA inspectors to its nuclear-related facilities, and agree to 
        the strongest inspections regime of its nuclear efforts; and
            (3) require that any IAEA Member State that does not comply 
        with paragraph (2) to be ineligible to receive nuclear 
        material, technology, equipment, or assistance from any IAEA 
        Member State and subject to the penalties described in 
        subsection (a)(3).
    (e) Nuclear Program of Iran.--
            (1) United states action.--The President shall direct the 
        United States Permanent Representative to the IAEA to use the 
        voice, vote, and influence of the United States at the IAEA to 
        make every effort to ensure the adoption of a resolution by the 
        IAEA Board of Governors that, in addition to the restrictions 
        already imposed, makes Iran ineligible to receive any nuclear 
        material, technology, equipment, or assistance from any IAEA 
        Member State and ineligible for any IAEA assistance not related 
        to safeguards inspections or nuclear security until the IAEA 
        Board of Governors determines that Iran--
                    (A) is providing full access to IAEA inspectors to 
                its nuclear-related facilities;
                    (B) has fully implemented and is in compliance with 
                the Additional Protocol; and
                    (C) has permanently ceased and dismantled all 
                activities and programs related to nuclear-enrichment 
                and reprocessing.
            (2) Penalties.--If an IAEA Member State is determined to 
        have violated the prohibition on assistance to Iran described 
        in paragraph (1) before the IAEA Board of Governors determines 
        that Iran has satisfied the conditions described in 
        subparagraphs (A) through (C) of such paragraph, such Member 
        State shall be subject to the penalties described in subsection 
        (a)(3), shall be ineligible to receive nuclear material, 
        technology, equipment, or assistance from any IAEA Member 
        State, and shall be ineligible to receive any IAEA assistance 
        not related to safeguards inspections or nuclear security until 
        such time as the IAEA Board of Governors makes such 
        determination with respect to Iran.
    (f) Report.--Not later than 6 months after the date of the 
enactment of this Act and annually for 2 years thereafter, the 
President shall submit to the appropriate congressional committees a 
report on the implementation of this section.

SEC. 662. SENSE OF CONGRESS REGARDING THE NUCLEAR SECURITY ACTION PLAN 
              OF THE IAEA.

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

                        Subtitle F--Peacekeeping

SEC. 671. REFORM OF UNITED NATIONS PEACEKEEPING OPERATIONS.

    It is the sense of Congress that--
            (1) although United Nations peacekeeping operations have 
        contributed greatly toward the promotion of peace and stability 
        for nearly 6 decades and the majority of peacekeeping personnel 
        who have served under the United Nations flag have done so with 
        honor and courage, the record of United Nations peacekeeping 
        has been severely tarnished by operational failures and 
        unconscionable acts of misconduct;
            (2) in response to such failures, in 2000 and 2005, 
        respectively, the Secretary General charged the high-level 
        Panel on United Nations Peace Operations, led by former Foreign 
        Minister of Algeria Lakhdar Brahimi, and his Special Advisor on 
        the Prevention of Sexual Exploitation and Abuse, His Royal 
        Highness Prince Zeid Ra'ad Zeid Al-Hussein of Jordan, to 
        provide honest assessments of the United Nations' shortcomings 
        and make recommendations that would help restore the confidence 
        of the international community in United Nations peacekeeping 
        operations;
            (3) audits of procurement practices in the Department of 
        Peacekeeping Operations, conducted by the Office of Internal 
        Oversight Services, also have uncovered ``significant'' 
        corruption schemes, including a 2007 audit of peacekeeping 
        contracts valued at $1.4 billion, of which more than $614 
        million, or 44 percent, were subject to corruption;
            (4) despite the fact that the United Nations has had more 
        than eight years to implement the reforms contained in the 
        Brahimi Report, nearly four years to implement the reforms in 
        the Zeid Report, and the fact that Secretary General Ban Ki-
        Moon, his predecessor Kofi Annan, and the Special Committee on 
        Peacekeeping Operations repeatedly have expressed their 
        commitment ``to implementing fundamental, systematic changes as 
        a matter of urgency'', a number of critical reforms continue to 
        be blocked or delayed by Members States who arguably benefit 
        from maintenance of the status quo; and
            (5) if the reputation of and confidence in United Nations 
        peacekeeping operations is to be restored, fundamental and far-
        reaching reforms, particularly in the areas of planning, 
        management, procurement, training, conduct, and discipline, 
        must be implemented without further delay.

SEC. 672. POLICY RELATING TO REFORM OF UNITED NATIONS PEACEKEEPING 
              OPERATIONS.

    It shall be the policy of the United States to pursue reform of 
United Nations peacekeeping operations in the following areas:
            (1) Planning and management.--
                    (A) Global audit.--As the size, cost, and number of 
                United Nations peacekeeping operations have increased 
                substantially over the past decade, an independent 
                audit of each such operation, with a view toward 
                ``right-sizing'' operations and ensuring that such 
                operations are cost effective, should be conducted and 
                its findings reported to the Security Council.
                    (B) Procurement and transparency.--A modern 
                logistics system and transparent, streamlined 
                procurement procedures should be established within the 
                United Nations Department of Field Support to ensure 
                that all peacekeeping missions are resourced 
                appropriately and in a timely fashion while individual 
                accountability for waste, fraud and abuse within United 
                Nations peacekeeping missions is established and 
                uniformly enforced.
                    (C) Review of mandates and closing operations.--In 
                conjunction with the audit described in subparagraph 
                (A), the United Nations Department of Peacekeeping 
                Operations should conduct a comprehensive review of all 
                United Nations peacekeeping operation mandates, with a 
                view toward identifying objectives that are practical 
                and achievable, and report its findings to the Security 
                Council. In particular, the review should consider the 
                following:
                            (i) Except in extraordinary cases, 
                        including genocide, the United Nations 
                        Department of Peacekeeping Operations should 
                        not be tasked with activities that are 
                        impractical or unachievable without the 
                        cooperation of the Member State(s) hosting a 
                        United Nations peacekeeping operation, or which 
                        amount to de-facto Trusteeship outside of the 
                        procedures established for such under chapter 
                        XII of the United Nations Charter, thereby 
                        creating unrealistic expectations and 
                        obfuscating the primary responsibility of the 
                        Member States themselves in creating and 
                        maintaining conditions for peace.
                            (ii) Long-standing operations that are 
                        static and cannot fulfill their mandate should 
                        be downsized or closed.
                            (iii) Where there is legitimate concern 
                        that the withdrawal from a country of an 
                        otherwise static United Nations peacekeeping 
                        operation would result in the resumption of 
                        major conflict, a burden-sharing arrangement 
                        that reduces the level of assessed 
                        contributions, similar to that currently 
                        supporting the United Nations Peacekeeping 
                        Force in Cyprus, should be explored and 
                        instituted.
                    (D) Leadership.--As peacekeeping operations become 
                larger and increasingly complex, the Secretariat should 
                adopt a minimum standard of qualifications for senior 
                leaders and managers, with particular emphasis on 
                specific skills and experience, and current senior 
                leaders and managers who do not meet those standards 
                should be removed.
                    (E) Pre-deployment training.--Pre-deployment 
                training on interpretation of the mandate of the 
                operation, specifically in the areas of use of force, 
                civilian protection and field conditions, the Code of 
                Conduct, HIV/AIDS, and human rights should be 
                mandatory, and all personnel, regardless of category or 
                rank, should be required to sign an oath that each has 
                received and understands such training as a condition 
                of participation in the operation.
                    (F) Gratis military personnel.--The General 
                Assembly should seek to strengthen the capacity the 
                United Nations Department of Peacekeeping Operations 
                and ease the extraordinary burden currently placed upon 
                the limited number of headquarters staff by lifting 
                restrictions on the utilization of gratis military 
                personnel by the Department so that the Department may 
                accept secondments from Member States of military 
                personnel with expertise in mission planning, 
                logistics, and other operational specialties.
            (2) Conduct and discipline.--
                    (A) Adoption of a uniform code of conduct.--A 
                single, uniform Code of Conduct that has the status of 
                a binding rule and applies equally to all personnel 
                serving in United Nations peacekeeping operations, 
                regardless of category or rank, including military 
                personnel, should be adopted and incorporated into 
                legal documents governing participation in such an 
                operation, including all contracts and Memorandums of 
                Understanding, promulgated and effectively enforced.
                    (B) Understanding the code of conduct.--All 
                personnel, regardless of category or rank, should 
                receive training on the Code of Conduct prior to 
                deployment with a peacekeeping operation, in addition 
                to periodic follow-on training. In particular--
                            (i) all personnel, regardless of category 
                        or rank, should be provided with a personal 
                        copy of the Code of Conduct that has been 
                        translated into the national language of such 
                        personnel, regardless of whether such language 
                        is an official language of the United Nations;
                            (ii) all personnel, regardless of category 
                        or rank, should sign an oath that each has 
                        received a copy of the Code of Conduct, that 
                        each pledges to abide by the Code of Conduct, 
                        and that each understands the consequences of 
                        violating the Code of Conduct, including 
                        immediate termination of participation in and 
                        permanent exclusion from all current and future 
                        peacekeeping operations , as well as the 
                        assumption of personal liability for victims 
                        compensation, as a condition of appointment to 
                        any such operation; and
                            (iii) peacekeeping operations should 
                        conduct educational outreach programs to reach 
                        local communities where peacekeeping personnel 
                        of such operations are based, including 
                        explaining prohibited acts on the part of 
                        United Nations peacekeeping personnel and 
                        identifying the individual to whom the local 
                        population may direct complaints or file 
                        allegations of exploitation, abuse, or other 
                        acts of misconduct.
                    (C) Monitoring mechanisms.--Dedicated monitoring 
                mechanisms, such as the Conduct and Discipline Units 
                already deployed to support United Nations peacekeeping 
                operations in Haiti, Sudan, Kosovo, Burundi, Liberia, 
                Lebanon, Timor Leste, Cote d'Ivoire, Western Sahara, 
                and the Democratic Republic of Congo, should be present 
                in each operation to monitor compliance with the Code 
                of Conduct, and--
                            (i) should report simultaneously to the 
                        Head of Mission, the United Nations Department 
                        of Peacekeeping Operations, and the Associate 
                        Director of OIOS for Peacekeeping Operations 
                        (established under section 1114(b)(9)); and
                            (ii) should be tasked with designing and 
                        implementing mission-specific measures to 
                        prevent misconduct, conduct follow-on training 
                        for personnel, coordinate community outreach 
                        programs, and assist in investigations, as OIOS 
                        determines necessary and appropriate.
                    (D) Investigations.--A permanent, professional, and 
                independent investigative body should be established 
                and introduced into United Nations peacekeeping 
                operations. In particular--
                            (i) the investigative body should include 
                        professionals with experience in investigating 
                        sex crimes and the illegal exploitation of 
                        resources, as appropriate, as well as experts 
                        who can provide guidance on standards of proof 
                        and evidentiary requirements necessary for any 
                        subsequent legal action;
                            (ii) provisions should be included in all 
                        Memorandums of Understanding, including a Model 
                        Memorandum of Understanding, that obligate 
                        Member States that contribute troops to a 
                        peacekeeping operation to designate a military 
                        prosecutor who will participate in any 
                        investigation into credible allegations of 
                        misconduct brought against an individual of 
                        such Member State, so that evidence is 
                        collected and preserved in a manner consistent 
                        with the military law of such Member State;
                            (iii) the investigative body should be 
                        regionally based to ensure rapid deployment and 
                        should be equipped with modern forensics 
                        equipment for the purpose of positively 
                        identifying perpetrators and, where necessary, 
                        for determining paternity; and
                            (iv) the investigative body should report 
                        directly to the Associate Director of OIOS for 
                        Peacekeeping Operations, while providing copies 
                        of any reports to the Department of 
                        Peacekeeping Operations, the Head of Mission, 
                        and the Member State concerned.
                    (E) Follow-up.--The Conduct and Discipline Team in 
                the headquarters of the United Nations Department of 
                Peacekeeping Operations should be appropriately 
                staffed, resourced, and tasked with--
                            (i) promulgating measures to prevent 
                        misconduct;
                            (ii) receiving reports by field personnel 
                        and coordinating the Department's response to 
                        allegations of misconduct;
                            (iii) gathering follow-up information on 
                        completed investigations, particularly by 
                        focusing on disciplinary actions against the 
                        individual concerned taken by the United 
                        Nations or by the Member State that is 
                        contributing troops to which such individual 
                        belongs, and sharing such information with the 
                        Security Council, the Head of Mission, and the 
                        community hosting the peacekeeping operation; 
                        and
                            (iv) contributing pertinent data on conduct 
                        and discipline to the data base required 
                        pursuant to subparagraph (H).
                    (F) Financial liability and victims assistance.--
                Although peacekeeping operations should provide 
                immediate medical assistance to victims of sexual abuse 
                or exploitation, the responsibility for providing 
                longer-term treatment, care, or restitution lies solely 
                with the individual found guilty of the misconduct. In 
                particular, the following reforms should be 
                implemented:
                            (i) The United Nations should not assume 
                        responsibility for providing long-term 
                        treatment or compensation by creating a 
                        ``Victims Trust Fund'', or any other such 
                        similar fund, financed through assessed 
                        contributions to United Nations peacekeeping 
                        operations, thereby shielding individuals from 
                        personal liability and reinforcing an 
                        atmosphere of impunity.
                            (ii) If an individual responsible for 
                        misconduct has been repatriated, reassigned, 
                        redeployed, or is otherwise unable to provide 
                        assistance, responsibility for providing 
                        assistance to a victim should be assigned to 
                        the Member State that contributed the 
                        contingent to which such individual belonged or 
                        to the manager concerned.
                            (iii) In the case of misconduct by a member 
                        of a military contingent, appropriate funds 
                        shall be withheld from the troop contributing 
                        country concerned.
                            (iv) In the case of misconduct by a 
                        civilian employee or contractor of the United 
                        Nations, appropriate wages shall be garnished 
                        from such individual or fines shall be imposed 
                        against such individual, consistent with 
                        existing United Nations Staff Rules, and 
                        retirement funds shall not be shielded from 
                        liability.
                    (G) Managers and commanders.--The manner in which 
                managers and commanders handle cases of misconduct by 
                those serving under them should be included in their 
                individual performance evaluations, so that managers 
                and commanders who take decisive action to deter and 
                address misconduct are rewarded, while those who create 
                a permissive environment or impede investigations are 
                penalized or relieved of duty, as appropriate.
                    (H) Data base.--A centralized data base, including 
                personnel photos and fingerprints, should be created 
                and maintained within the United Nations Department of 
                Peacekeeping Operations, the Office of Field Support, 
                and other relevant United Nations bodies without 
                further delay to track cases of misconduct, including 
                the outcome of investigations and subsequent 
                prosecutions, to ensure that personnel who have engaged 
                in misconduct or other criminal activities, regardless 
                of category or rank, are permanently barred from 
                participation in future peacekeeping operations.
                    (I) Cooperation of member states.--If a Member 
                State routinely refuses to cooperate with the 
                directives contained herein or acts to shield its 
                nationals from personal liability, that Member State 
                should be barred from contributing troops or personnel 
                to future peacekeeping operations.
                    (J) Welfare.--Peacekeeping operations should 
                continue to seek to maintain a minimum standard of 
                welfare for mission personnel to ameliorate conditions 
                of service, while adjustments are made to the 
                discretionary welfare payments currently provided to 
                Member States that contribute troops to offset the cost 
                of operation-provided recreational facilities, as 
                necessary and appropriate.

SEC. 673. CERTIFICATION.

    (a) New or Expanded Peacekeeping Operations Contingent Upon 
Presidential Certification of Peacekeeping Operations Reforms.--
            (1) No new or expanded peacekeeping operations.--
                    (A) Certification.--Except as provided in 
                subparagraph (B), until the Secretary of State 
                certifies that the requirements described in paragraph 
                (2) have been satisfied, the President shall direct the 
                United States Permanent Representative to the United 
                Nations to use the voice, vote, and influence of the 
                United States at the United Nations to oppose the 
                creation of new, or expansion of existing, United 
                Nations peacekeeping operations.
                    (B) Exception and notification.--The requirements 
                described under paragraph (2) may be waived with 
                respect to a particular peacekeeping operation if the 
                President determines that failure to deploy new or 
                additional peacekeepers in such situation will 
                significantly contribute to the widespread loss of 
                human life, genocide, or the endangerment of a vital 
                national security interest of the United States. If the 
                President makes such a determination, the President 
                shall, not later than 15 days before the exercise of 
                such waiver, notify the appropriate congressional 
                committees of such determination and resulting waiver.
            (2) Certification of peacekeeping operations reforms.--The 
        certification referred to in paragraph (1) is a certification 
        made by the Secretary to the appropriate congressional 
        committees that the following reforms, or an equivalent set of 
        reforms, related to peacekeeping operations have been adopted 
        by the United Nations Department of Peacekeeping Operations or 
        the General Assembly, as appropriate:
                    (A) A single, uniform Code of Conduct that has the 
                status of a binding rule and applies equally to all 
                personnel serving in United Nations peacekeeping 
                operations, regardless of category or rank, has been 
                adopted by the General Assembly and duly incorporated 
                into all contracts and a Model Memorandum of 
                Understanding, and mechanisms have been established for 
                training such personnel concerning the requirements of 
                the Code and enforcement of the Code.
                    (B) All personnel, regardless of category or rank, 
                serving in a peacekeeping operation have been trained 
                concerning the requirements of the Code of Conduct and 
                each has been given a personal copy of the Code, 
                translated into the national language of such 
                personnel.
                    (C) All personnel, regardless of category or rank, 
                are required to sign an oath that each has received a 
                copy of the Code of Conduct, that each pledges to abide 
                by the Code, and that each understands the consequences 
                of violating the Code, including immediate termination 
                of participation in and permanent exclusion from all 
                current and future peacekeeping operations, as well as 
                the assumption of personal liability for victims 
                compensation as a condition of the appointment to such 
                operation.
                    (D) All peacekeeping operations have designed and 
                implemented educational outreach programs to reach 
                local communities where peacekeeping personnel of such 
                operations are based to explain prohibited acts on the 
                part of United Nations peacekeeping personnel and to 
                identify the individual to whom the local population 
                may direct complaints or file allegations of 
                exploitation, abuse, or other acts of misconduct.
                    (E) The creation of a centralized data base, 
                including personnel photos and fingerprints, has been 
                completed and is being maintained in the United Nations 
                Department of Peacekeeping Operations that tracks cases 
                of misconduct, including the outcomes of investigations 
                and subsequent prosecutions, to ensure that personnel, 
                regardless of category or rank, who have engaged in 
                misconduct or other criminal activities are permanently 
                barred from participation in future peacekeeping 
                operations.
                    (F) A Model Memorandum of Understanding between the 
                United Nations and each Member State that contributes 
                troops to a peacekeeping operation has been adopted by 
                the United Nations Department of Peacekeeping 
                Operations that specifically obligates each such Member 
                State to--
                            (i) uphold the uniform Code of Conduct 
                        which shall apply equally to all personnel 
                        serving in United Nations peacekeeping 
                        operations, regardless of category or rank;
                            (ii) designate a competent legal authority, 
                        preferably a prosecutor with expertise in the 
                        area of sexual exploitation and abuse where 
                        appropriate, to participate in any 
                        investigation into an allegation of misconduct 
                        brought against an individual of such Member 
                        State;
                            (iii) refer to its competent national or 
                        military authority for possible prosecution, if 
                        warranted, any investigation of a violation of 
                        the Code of Conduct or other criminal activity 
                        by an individual of such Member State;
                            (iv) report to the Department of 
                        Peacekeeping Operations on the outcome of any 
                        such investigation;
                            (v) undertake to conduct on-site court 
                        martial proceedings, where practical and 
                        appropriate, relating to allegations of 
                        misconduct alleged against an individual of 
                        such Member State; and
                            (vi) assume responsibility for the 
                        provision of appropriate assistance to a victim 
                        of misconduct committed by an individual of 
                        such Member State.
                    (G) A professional and independent investigative 
                and audit function has been established within the 
                United Nations Department of Peacekeeping Operations 
                and the OIOS to monitor United Nations peacekeeping 
                operations.

TITLE VII--WESTERN HEMISPHERE COUNTERTERRORISM AND NONPROLIFERATION ACT 
                                OF 2009

SEC. 701. SHORT TITLE; DEFINITIONS.

    (a) Short Title.--This title may be cited as the ``Western 
Hemisphere Counterterrorism and Nonproliferation Act of 2009''.
    (b) Definitions.--In this title:
            (1) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means--
                    (A) the Committee on Foreign Affairs and the 
                Committee on Homeland Security of the House of 
                Representatives; and
                    (B) the Committee on Foreign Relations and the 
                Committee on Homeland Security and Governmental Affairs 
                of the Senate.
            (2) Nonhumanitarian assistance.--The term ``nonhumanitarian 
        assistance'' means--
                    (A) any assistance under the Foreign Assistance Act 
                of 1961 (including programs under title IV of chapter 2 
                of part I of such Act, relating to the Overseas Private 
                Investment Corporation), other than--
                            (i) disaster relief assistance, including 
                        any assistance under chapter 9 of part I of 
                        such Act;
                            (ii) assistance which involves the 
                        provision of food (including monetization of 
                        food) or medicine; and
                            (iii) assistance for refugees;
                    (B) sales, or financing on any terms, under the 
                Arms Export Control Act; and
                    (C) financing under the Export-Import Bank Act of 
                1945.
            (3) State sponsor of terrorism.--The term ``state sponsor 
        of terrorism'' means a country the government of which has been 
        determined by the Secretary of State, for purposes of section 
        6(j) of the Export Administration Act of 1979, section 620A of 
        the Foreign Assistance Act of 1961, section 40 of the Arms 
        Export Control Act, or other provision of law, is a government 
        that has repeatedly provided support for acts of international 
        terrorism.

         Subtitle A--Counterterrorism in the Western Hemisphere

SEC. 711. STATEMENT OF POLICY REGARDING REGIONAL EFFORTS TO COUNTER 
              TERRORISM IN THE WESTERN HEMISPHERE.

    To enhance the security of the Western Hemisphere and bolster 
regional capacity to counter terrorism, it shall be the policy of the 
United States to promote the signing, ratification, and implementation 
by all countries in the Western Hemisphere of the following:
            (1) OAS AG/RES. 1840 (XXXII-O/02) Inter-American Convention 
        Against Terrorism.
            (2) Financial Action Task Force (FATF) 40 Recommendations 
        on Money Laundering (ML) and 9 Special Recommendations (SR) on 
        Terrorist Financing (TF).
            (3) The 1963 ICAO Convention on Offences and Certain Other 
        Acts Committed on Board Aircraft.
            (4) The 1970 ICAO Convention for the Suppression of 
        Unlawful Seizure of Aircraft.
            (5) The 1971 ICAO Convention for the Suppression of 
        Unlawful Acts Against the Safety of Civil Aviation.
            (6) The 1973 United Nations Convention on the Prevention 
        and Punishment of Crimes Against Internationally Protected 
        Person, including Diplomatic Agents.
            (7) The 1979 United Nations International Convention 
        Against the Taking of Hostages.
            (8) The 1988 ICAO Protocol for the Suppression of Unlawful 
        Acts of Violence at Airports Serving International Civil 
        Aviation, Supplementary to the Convention for the Suppression 
        of Unlawful Acts Against the Safety of Civil Aviation.
            (9) The 1988 IMO Convention for the Suppression of Unlawful 
        Acts against the Safety of Maritime Navigation.
            (10) The 1988 IMO Protocol for the Suppression of Unlawful 
        Acts against the Safety of Fixed Platforms Located on the 
        Continental Shelf.
            (11) The 1991 ICAO Convention on the Marking of Plastic 
        Explosives for the Purpose of Detection.
            (12) The 1997 United Nations International Convention for 
        the Suppression of Terrorist Bombings.
            (13) The 1999 United Nations International Convention for 
        the Suppression of the Financing of Terrorism.
            (14) The 2001 United Nations S/Res/1373 Creation of Counter 
        Terrorism Committee (CTC).
            (15) The 2005 United Nations S/Res/1624 Prohibition of 
        incitement to commit terrorist act or acts.

SEC. 712. AMENDMENTS TO ANNUAL COUNTRY REPORTS ON TERRORISM.

    Section 140(b) of the Foreign Relations Authorization Act, Fiscal 
Years 1988 and 1989 (22 U.S.C. 2656f(b)) is amended--
            (1) in paragraph (4)(D), by striking ``and'' at the end;
            (2) in paragraph (5), by striking the period at the end and 
        inserting ``; and'';
            (3) by redesignating the second paragraph (3) and the 
        second paragraph (4) as paragraphs (6) and (7), respectively;
            (4) in paragraph (6), as so redesignated, by striking 
        ``and'' at the end;
            (5) in paragraph (7), as so redesignated, by striking the 
        period at the end; and
            (6) by adding after such paragraph (7) the following new 
        paragraphs:
            ``(8) a comprehensive assessment of all United States 
        assistance available to combat terrorism in each country that 
        is a subject of such report; and
            ``(9) with respect to countries in the Western Hemisphere 
        that are the subjects of such report, the level in each such 
        country of threat posed by radical Islamist terrorism.''.

SEC. 713. AMENDMENTS TO ANNUAL DETERMINATION PROCEDURES.

    Section 706 of the Foreign Relations Authorization Act, Fiscal Year 
2003 (Public Law 107-228; 22 U.S.C. 2291j-1) is amended--
            (1) in paragraph (2)--
                    (A) in subparagraph (A)(ii); by striking ``and'' at 
                the end;
                    (B) by redesignating subparagraph (B) as 
                subparagraph (C);
                    (C) by inserting after subparagraph (A) the 
                following new subparagraph:
                    ``(B) designate each country, if any, identified in 
                such report in which a link has been determined to 
                exist between illicit drug trafficking and a designated 
                foreign terrorist organization and that has failed 
                demonstrably, during the previous 12 months, to make 
                substantial efforts--
                            ``(i) to adhere to its obligations under 
                        international counterterrorism agreements; and
                            ``(ii) to implement effective 
                        counterterrorism measures, including action on 
                        such issues as the rule of law, denying safe 
                        haven to terrorists, financing and money 
                        laundering, and law enforcement; and''; and
                    (D) in subparagraph (C), as so redesignated, by 
                inserting before the period at the end the following: 
                ``under subparagraph (A) or (B)'';
            (2) in paragraph (3)--
                    (A) in subparagraph (A), by striking ``or'' at the 
                end;
                    (B) in subparagraph (B)(ii), by striking the period 
                at the end and inserting ``; or''; and
                    (C) by adding at the end the following new 
                subparagraph:
                    ``(C) subsequent to the designation being made 
                under paragraph (2)(B), the country has made 
                substantial efforts--
                            ``(i) to adhere to its obligations under 
                        international counterterrorism agreements; and
                            ``(ii) to implement effective 
                        counterterrorism measures, including action on 
                        such issues as the rule of law, denying safe 
                        haven to terrorists, financing and money 
                        laundering, and law enforcement.'';
            (3) by redesignating paragraph (8) as paragraph (9); and
            (4) by inserting after paragraph (7) the following new 
        paragraph:
            ``(8) Bilateral agreements.--If a country designated under 
        subparagraphs (A) and (B) of paragraph (2) does not receive a 
        determination under subparagraphs (B) or (C) of paragraph (3), 
        the Secretary of State shall negotiate with such country a 
        bilateral agreement describing actions to be taken by the 
        United States and such country to satisfy such determinations 
        during the one year period following such a designation. Such a 
        bilateral agreement should include a needs assessment, a 
        bilateral action plan, the provision of United States training 
        and assistance, the use of International Law Enforcement 
        Academy facilities in the region, and an exchange of model laws 
        and best practices.''.

SEC. 714. AMENDMENT TO INTERNATIONAL NARCOTICS CONTROL STRATEGY REPORT.

    Section 489(a) of the Foreign Assistance Act of 1961 (22 U.S.C. 
2291h(a)) is amended by adding at the end the following new paragraph:
            ``(9) A separate section that contains information relating 
        to any links between illicit narcotics trafficking or money 
        laundering and terrorists, terrorist acts, or designated 
        foreign terrorist organizations (as such term is used in 
        section 219 of the Immigration and Nationality Act (8 U.S.C. 
        1189)), and any actions taken by the United States Government 
        or foreign government to address such links.''.

SEC. 715. UNITED STATES EFFORTS IN THE WESTERN HEMISPHERE.

    (a) Determination.--For any country in the Western Hemisphere that 
the President has determined--
            (1) is engaged in military cooperation with a state sponsor 
        of terrorism,
            (2) is engaged in nonmarket-based trade with a state 
        sponsor of terrorism,
            (3) is carrying out policies that threaten United States 
        national security interests, or
            (4) is not fully cooperating with United States 
        counterterrorism or nonproliferation efforts,
the President is authorized to impose any of the sanctions described in 
subsection (b).
    (b) Sanctions.--For any country in the Western Hemisphere with 
respect to which the President has made a determination in accordance 
with subsection (a), the President is authorized to--
            (1) suspend United States nonhumanitarian foreign 
        assistance to the government of that country; and
            (2) prohibit the sale, provision, or transfer of articles, 
        including the issuance of any specific license or grant of any 
        other specific permission or authority to export any goods or 
        technology under--
                    (A) the Export Administration Act of 1979;
                    (B) the Arms Export Control Act;
                    (C) the Atomic Energy Act of 1954; or
                    (D) any other statute that requires the prior 
                review and approval of the United States Government as 
                a condition for the export or re-export of goods or 
                services.

SEC. 716. INTERNATIONAL LAW ENFORCEMENT ACADEMY IN SAN SALVADOR, EL 
              SALVADOR.

    (a) Sense of Congress.--It is the sense of Congress that the 
International Law Enforcement Academy (ILEA) in San Salvador, El 
Salvador, should continue to serve as a critical component of United 
States regional counterterrorism efforts.
    (b) Negotiation.--The Secretary of State shall negotiate with the 
appropriate agency entities to ensure that counterterrorism, including 
radical Islamist extremism within the Western Hemisphere, 
nonproliferation, and border security courses are instituted as part of 
the core curriculum at the International Law Enforcement Academy in San 
Salvador.
    (c) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as may be necessary to--
            (1) complete all physical aspects of the ILEA facility in 
        San Salvador; and
            (2) implement the ILEA Global Network.

SEC. 717. ACTIONS REGARDING THE ORGANIZATION OF AMERICAN STATES.

    (a) Declaration Regarding Terrorism.--The Secretary of State shall 
direct the United States Representative to the Organization of American 
States (OAS) to use the voice, vote, and influence of the United States 
at the OAS to move for a declaration at the first meeting of Member 
States of the OAS convened after the date of the enactment of this Act 
calling on countries to systematically deny the use of their 
territories by terrorists or terrorist organizations.
    (b) Reduction in United States Contribution.--
            (1) In general.--The Secretary of State shall reduce by 50 
        percent the amount of the United States assessed contribution 
        to the OAS for fiscal year 2009 and each subsequent fiscal 
        year.
            (2) Use of funds.--
                    (A) In general.--Of the amount reduced pursuant to 
                paragraph (1), not less than ten percent of such amount 
                shall be added to United States voluntary contributions 
                to each of the organizations specified in subparagraph 
                (B) and the remaining amount shall be used to establish 
                and maintain the Western Hemisphere Regional 
                Coordination Centers under section 731.
                    (B) Organizations specified.--The organizations 
                referred to in subparagraph (A) are the following:
                            (i) The OAS Inter-American Committee 
                        Against Terrorism (CICTE).
                            (ii) The OAS Inter-American Drug Abuse 
                        Control Commission (CICAD).

SEC. 718. AMENDMENT TO DEPARTMENT OF STATE REWARDS PROGRAM.

    Section 36(b) of the State Department Basic Authorities Act of 1956 
(22 U.S.C. 2708(b)) is amended--
            (1) in paragraph (6), by striking ``or'' at the end;
            (2) in paragraph (7)(B), by striking the period at the end 
        and inserting ``; or''; and
            (3) by adding at the end the following new paragraph:
            ``(8) the arrest or conviction in any country of any 
        individual wanted on terrorism charges pursuant to red notices 
        duly issued by Interpol, if such reward would help advance 
        United States interests or the interests of United States 
        allies in the global struggle against international 
        terrorism.''.

   Subtitle B--Nonproliferation of Nuclear, Chemical, and Biological 
                   Weapons in the Western Hemisphere

SEC. 721. STATEMENT OF POLICY REGARDING THE PROLIFERATION OF WEAPONS-
              RELATED NUCLEAR, CHEMICAL, AND BIOLOGICAL MATERIALS, 
              TECHNOLOGY, AND FACILITIES.

    (a) In General.--To enhance the prevention of the proliferation of 
weapons-related nuclear, chemical, and biological materials, 
technology, and facilities, it shall be the policy of the United States 
to--
            (1) promote the negotiation and implementation by all 
        countries of--
                    (A) a comprehensive safeguards agreement with the 
                International Atomic Energy Agency (IAEA); and
                    (B) an Additional Protocol to the safeguards 
                agreement;
            (2) secure guarantees by all countries of unrestricted 
        access by IAEA personnel to all nuclear-related materials and 
        facilities in territories under the control of the host 
        country;
            (3) promote the implementation by all countries of United 
        Nations Security Council Resolution 1540; and
            (4) promote the accession to and ratification and 
        implementation of--
                    (A) the Convention on the Prohibition of the 
                Development, Production, Stockpiling and Use of 
                Chemical Weapons and on their Destruction (also 
                referred to as the Chemical Weapons Convention);
                    (B) the 1980 IAEA Convention on the Physical 
                Protection of Nuclear Material;
                    (C) the 2005 United Nations International 
                Convention for the Suppression of Acts of Nuclear 
                Terrorism; and
                    (D) the Convention on the Prohibition of the 
                Development and Stockpiling of Bacteriological 
                (Biological) and Toxin Weapons and on their Destruction 
                (also referred to as the Biological Weapons 
                Convention).
    (b) Additional Protocol Defined.--In this section, the term 
``Additional Protocol'' means the Protocol Additional to an agreement 
between a country and the International Atomic Energy Agency for the 
Application of Safeguards.

SEC. 722. STATEMENT OF POLICY REGARDING THE SMALL QUANTITIES PROTOCOL.

    Because a Small Quantities Protocol (SQP) sets aside many of the 
operative provisions of a general safeguards agreement, the ability of 
the IAEA to verify that nuclear materials and facilities in a country 
with an SQP are not being diverted for illicit purposes is 
significantly impaired. For this reason, it shall be the policy of the 
United States to--
            (1) oppose the negotiation by the IAEA of an SQP for any 
        country that did not have an SQP as of January 1, 2008; and
            (2) encourage every country with an SQP to withdraw 
        formally from or renegotiate that agreement for the purpose of 
        increasing transparency and eliminating any exemption or 
        provision that could restrict the ability of the IAEA to verify 
        that a country's nuclear materials and facilities are not being 
        diverted to impermissible uses.

SEC. 723. SECURING ADHERENCE TO AGREEMENTS REGARDING NUCLEAR 
              NONPROLIFERATION BY COUNTRIES IN THE WESTERN HEMISPHERE.

    (a) In General.--The President shall use all available political, 
economic, and diplomatic tools to ensure that each country in the 
Western Hemisphere--
            (1) has signed and implemented a comprehensive safeguards 
        agreement with the IAEA;
            (2) has signed and implemented an Additional Protocol to 
        its safeguards agreement;
            (3) guarantees unrestricted access for IAEA personnel to 
        all nuclear-related facilities;
            (4) has implemented the provisions of United Nations 
        Security Council Resolution 1540;
            (5) has acceded to, ratified, and fully implemented the 
        conventions referred to in section _22(a)(4);
            (6) does not negotiate with the IAEA an SQP if that country 
        did not have an SQP as of January 1, 2008; and
            (7) withdraws formally from or renegotiates an SQP 
        agreement if a country has such an agreement.
    (b) Sanctions.--For any Western Hemisphere country that has not 
satisfied all of the requirements specified in subsection (a), the 
President is authorized to--
            (1) suspend United States nonhumanitarian foreign 
        assistance to the government of that country; and
            (2) prohibit the sale, provision, or transfer of articles, 
        including the issuance of any specific license or grant of any 
        other specific permission or authority to export any goods or 
        technology under--
                    (A) the Export Administration Act of 1979;
                    (B) the Arms Export Control Act;
                    (C) the Atomic Energy Act of 1954; or
                    (D) any other statute that requires the prior 
                review and approval of the United States Government as 
                a condition for the export or re-export of goods or 
                services.

SEC. 724. HALTING THE PROLIFERATION OF NUCLEAR FUEL FABRICATION.

    (a) Statement of Policy.--It shall be the policy of the United 
States to oppose the development or acquisition by any country of a 
capacity to fabricate nuclear fuel if such country did not have such 
capacity as of January 1, 2008.
    (b) Prevention of Capacity To Fabricate Nuclear Fuel.--The 
President shall use all available political, economic, and diplomatic 
tools, and shall use the voice, vote, and influence of the United 
States in all international organizations and associations of which it 
is a member, including the IAEA and the Nuclear Suppliers Group, to 
prevent the development or acquisition by any country of a capacity to 
fabricate nuclear fuel if such country did not have such capacity as of 
January 1, 2008.
    (c) Nuclear Technical Cooperation With the IAEA.--The President 
shall direct the United States Permanent Representative to the IAEA to 
use the voice, vote, and influence of the United States at the IAEA to 
block the allocation of funds for any IAEA development, environmental, 
or nuclear science assistance or activity to a country the government 
of which--
            (1) the Secretary of State has determined, for purposes of 
        section 6(j) of the Export Administration Act of 1979, section 
        620A of the Foreign Assistance Act of 1961, section 40 of the 
        Arms Export Control Act, or other provision of law, is a 
        government that has repeatedly provided support for acts of 
        international terrorism;
            (2) is actively cooperating with a government as described 
        in paragraph (1);
            (3) is under investigation for a breach of or noncompliance 
        with its IAEA obligations or the purposes and principles of the 
        Charter of the United Nations; or
            (4) is in violation of its IAEA obligations or the purposes 
        and principles of the Charter of the United Nations.

SEC. 725. COOPERATION WITH THE PROLIFERATION SECURITY INITIATIVE.

    (a) Findings.--Congress finds the following:
            (1) From its inception on May 31, 2003, the Proliferation 
        Security Initiative, also referred to as the PSI, has 
        repeatedly demonstrated its effectiveness in preventing the 
        proliferation of weapons of mass destruction.
            (2) In his February 11, 2004, address at the National 
        Defense University regarding additional measures to enhance 
        global efforts against the proliferation of weapons of mass 
        destruction President Bush proposed that ``the work of the 
        Proliferation Security Initiative be expanded to address more 
        than shipments and transfers. Building on the tools we've 
        developed to fight terrorists, we can take direct action 
        against proliferation networks. We need greater cooperation not 
        just among intelligence and military services, but in law 
        enforcement, as well. PSI participants and other willing 
        nations should use the Interpol and all other means to bring to 
        justice those who traffic in deadly weapons, to shut down their 
        labs, to seize their materials, to freeze their assets. We must 
        act on every lead. We will find the middlemen, the suppliers 
        and the buyers.''.
            (3) The number of countries participating in PSI has 
        steadily increased, thereby greatly enhancing its 
        effectiveness.
            (4) Many countries in the Western Hemisphere formally or 
        informally cooperate with the PSI.
            (5) Expanded law enforcement cooperation throughout the 
        Western Hemisphere, including by means of greater coordination 
        of policies, improved communications, and enhanced capabilities 
        would significantly promote the objectives of the PSI.
    (b) Sense of Congress Concerning Strengthening Cooperation 
Regarding Nonproliferation.--It is the sense of Congress that--
            (1) it is in the national security interest of the United 
        States to establish comprehensive cooperation to prevent the 
        proliferation of nuclear, chemical, and biological materials in 
        the Western Hemisphere; and
            (2) the Secretary of State should seek to secure the formal 
        or informal cooperation by Western Hemisphere countries for the 
        purpose of securing the goals of the Proliferation Security 
        Initiative announced by the President on May 31, 2003.

SEC. 726. ESTABLISHMENT OF THE WESTERN HEMISPHERE NONPROLIFERATION 
              PARTNERSHIP INITIATIVE.

    (a) In General.--The Secretary of State is authorized, in 
consultation with relevant United States Government agencies, to 
negotiate with the leaders of the governments of countries in the 
Western Hemisphere on a bilateral or multilateral basis, as 
appropriate, international agreements under which such governments work 
in partnership to establish an initiative to be known as the ``Western 
Hemisphere Nonproliferation Partnership Initiative'' (NPI).
    (b) Purpose.--
            (1) In general.--The NPI shall--
                    (A) encourage the establishment of contacts and 
                cooperative relationships, including the sharing of 
                intelligence, between the responsible individuals and 
                agencies of each participant country with their 
                counterparts in the United States Government and in 
                other participating countries; and
                    (B) encourage bilateral and multilateral support, 
                cooperation, and coordination of national programs and 
                efforts to promote effective and in-depth cooperation 
                to counter the illicit acquisition or trade of weapons-
                related nuclear, chemical, or biological materials, 
                technology, or facilities.
            (2) Cooperative programs.--The cooperative programs 
        referred to under paragraph (1)(B) shall include the following:
                    (A) Training for government officials and agents 
                from participating countries regarding the development 
                and operation of NPI programs.
                    (B) Assistance in developing a comprehensive legal 
                and regulatory framework in each country, as 
                appropriate, to enable the establishment and effective 
                implementation of export controls and the capacity to 
                track nuclear, chemical, and biological materials, 
                equipment, technology, and facilities.
                    (C) Provision of equipment, development of 
                infrastructure, and the acquisition of other resources 
                required by participating countries to effectively 
                carry out the tasks referred to in subparagraphs (A) 
                and (B).

SEC. 727. PROHIBITED TRANSACTIONS.

    (a) In General.--No defense article or defense service may be sold 
or licensed for export under this title in a fiscal year to a foreign 
country that the President determines and certifies to Congress, not 
later than May 15 of the calendar year in which such fiscal year 
begins, is carrying out policies aimed at undermining United States 
national security interests or is not cooperating fully with United 
States nonproliferation efforts.
    (b) Waiver.--The President may waive the prohibition under 
subsection (a) with respect to a specific transaction if the President 
determines that such transaction is important to the national security 
interests of the United States.

SEC. 728. RESTRICTIONS ON NUCLEAR COOPERATION WITH COUNTRIES ASSISTING 
              THE NUCLEAR PROGRAM OF VENEZUELA OR CUBA.

    (a) In General.--Notwithstanding any other provision of law or any 
international agreement, no agreement for cooperation between the 
United States and the government of any country that is assisting the 
nuclear program of Venezuela or Cuba or transferring advanced 
conventional weapons or missiles to Venezuela or Cuba may be submitted 
to the President or to Congress pursuant to section 123 of the Atomic 
Energy Act of 1954 (42 U.S.C. 2153), no such agreement may enter into 
force with such country, no license may be issued for export directly 
or indirectly to such country of any nuclear material, facilities, 
components, or other goods, services, or technology that would be 
subject to such agreement, and no approval may be given for the 
transfer or retransfer directly or indirectly to such country of any 
nuclear material, facilities, components, or other goods, services, or 
technology that would be subject to such agreement, until the President 
determines and reports to the Committee on Foreign Affairs of the House 
of Representatives and the Committee on Foreign Relations of the Senate 
that the government of the country that is assisting the nuclear 
program of Venezuela or Cuba or transferring advanced conventional 
weapons or missiles to Venezuela or Cuba--
            (1) has suspended all nuclear assistance to Venezuela or 
        Cuba and all transfers of advanced conventional weapons and 
        missiles to Venezuela or Cuba; and
            (2) is committed to maintaining such suspension until 
        Venezuela or Cuba has implemented measures that would permit 
        the President to make the determination described in paragraph 
        (1).
    (b) Rules of Construction.--The restrictions described in 
subsection (a)--
            (1) shall apply in addition to all other applicable 
        procedures, requirements, and restrictions required by the 
        Atomic Energy Act of 1954 and any other law; and
            (2) shall not be construed as affecting the validity of 
        agreements for cooperation that are in effect on the date of 
        the enactment of this Act.
    (c) Definitions.--In this section:
            (1) Agreement for cooperation.--The term ``agreement for 
        cooperation'' has the meaning given that term in section 11 b. 
        of the Atomic Energy Act of 1954 (42 U.S.C. 2014 b.).
            (2) Assisting the nuclear program of venezuela or cuba.--
        The term ``assisting the nuclear program of Venezuela or Cuba'' 
        means the intentional transfer to Venezuela or Cuba by a 
        government, or by a person subject to the jurisdiction of a 
        government with the knowledge and acquiescence of such 
        government, of goods, services, or technology listed on the 
        Nuclear Suppliers Group Guidelines for the Export of Nuclear 
        Material, Equipment and Technology (published by the 
        International Atomic Energy Agency as Information Circular 
        INFCIRC/254/Rev. 3/Part 1, and subsequent revisions) or 
        Guidelines for Transfers of Nuclear-Related Dual-Use Equipment, 
        Material, and Related Technology (published by the 
        International Atomic Energy Agency as Information Circular 
        INFCIR/254/Rev. 3/Part 2, and subsequent revisions).
            (3) Country that is assisting the nuclear program of 
        venezuela or cuba or transferring advanced conventional weapons 
        or missiles to venezuela or cuba.--The term ``country that is 
        assisting the nuclear program of Venezuela or Cuba or 
        transferring advanced conventional weapons or missiles to 
        Venezuela or Cuba'' means--
                    (A) Russia; and
                    (B) any other country determined by the President 
                to be assisting the nuclear program of Venezuela or 
                Cuba or transferring advanced conventional weapons or 
                missiles to Venezuela or Cuba.
            (4) Transferring advanced conventional weapons or missiles 
        to venezuela or cuba.--The term ``transferring advanced 
        conventional weapons or missiles to Venezuela or Cuba'' means 
        the intentional transfer to Venezuela or Cuba by a government, 
        or by a person subject to the jurisdiction of a government with 
        the knowledge and acquiescence of such government, of goods, 
        services, or technology listed on--
                    (A) the Wassenaar Arrangement list of Dual Use 
                Goods and Technologies and Munitions list of July 12, 
                1996, and subsequent revisions; or
                    (B) the Missile Technology Control Regime Equipment 
                and Technology Annex of June 11, 1996, and subsequent 
                revisions.

      Subtitle C--Western Hemisphere Regional Coordination Centers

SEC. 731. ESTABLISHMENT OF THE WESTERN HEMISPHERE REGIONAL COORDINATION 
              CENTERS.

    (a) Sense of Congress.--It is the sense of Congress that--
            (1) the United States Government should carry out a 
        comprehensive and integrated approach to United States 
        counterterrorism and nonproliferation efforts, both 
        domestically and abroad; and
            (2) the Secretary of State should seek to engage leaders of 
        the governments of countries in the Western Hemisphere to 
        develop a comprehensive multilateral strategy to counter 
        current and emerging threats and prevent the proliferation of 
        nuclear, chemical, and biological weapons.
    (b) Purpose.--Western Hemisphere Regional Coordination Centers 
shall serve as joint operational facilities dedicated to coordinating 
efforts, capacity, and intelligence among participating countries to 
counter current and emerging threats and prevent the proliferation of 
nuclear, chemical, and biological weapons throughout the Western 
Hemisphere.
    (c) Establishment.--The Secretary of State shall negotiate with the 
leaders of the governments of countries in the Western Hemisphere on a 
bilateral or multilateral basis, as appropriate, international 
agreements under which such governments work in partnership to 
establish centers to be known as the ``Western Hemisphere Regional 
Coordination Centers'' (RCC).
    (d) Cooperation With Governments in the Western Hemisphere.--
            (1) In general.--The Secretary of State shall negotiate 
        with--
                    (A) the governments of countries in Central and 
                South America agreements for the establishment of one 
                RCC in a country in Central America and one RCC in a 
                country in South America; and
                    (B) the Government of Brazil, the Government of 
                Argentina, and the Government of Paraguay an agreement 
                for the establishment of a RCC specifically in the tri-
                border area.
            (2) Coordination.--The Secretary of State shall negotiate 
        with the leaders of the governments of countries in the Western 
        Hemisphere on a bilateral or multilateral basis, as 
        appropriate, agreements under which a method is established for 
        staffing parallel representatives, from each participating 
        country or region, for each United States agency represented at 
        the relevant RCC.
    (e) Participation of United States Government Agencies.--
            (1) In general.--The Secretary of State, in consultation 
        with the Director of National Intelligence and the Secretary of 
        Defense, shall determine which departments and agencies of the 
        United States Government, including the Department of Defense, 
        the Department of Energy, the Department of Homeland Security, 
        the Department of the Treasury, the Department of Justice, the 
        Drug Enforcement Agency, and the Federal Bureau of 
        Investigation, are necessary to ensure the establishment and 
        operation of the RCCs. The Secretary of State, in consultation 
        with the Director of National Intelligence and the Secretary of 
        Defense, shall negotiate agreements with the heads of such 
        agencies to ensure their full participation and cooperation in 
        such establishment and operation.
            (2) Assignment of regional attaches and advisors.--The 
        Secretary of State shall transfer to appropriate RCCs regional 
        attaches and advisors serving at United States diplomatic and 
        consular missions in the Western Hemisphere.
    (f) Structure.--
            (1) Management of the rccs.--The Secretary of State, in 
        consultation with the Director of National Intelligence and the 
        Secretary of Defense, shall be responsible for the management 
        of the RCCs, including development of the budget, priorities, 
        and programs of the RCCs.
            (2) Staffing and duties.--Each RCC shall have one United 
        States Director, at least one but not more than two United 
        States Deputy Directors, and one host country General Director. 
        The United States Director and United States Deputy Directors 
        may be employees of any of the United States national security 
        agencies and shall be chosen by the Secretary of State, in 
        consultation with the Director of National Intelligence and 
        Secretary of Defense. The Director and Deputy Directors of each 
        RCC shall keep the Chief of Mission of the United States 
        Embassies in the host country of such RCC fully informed of 
        activities and operations of such RCC.
            (3) RCC policy board.--
                    (A) Establishment.--There is established the RCC 
                Policy Board.
                    (B) Composition.--The RCC Policy Board shall be 
                comprised of senior representatives from the 
                departments and agencies determined by the Secretary of 
                State, in consultation with the Director of National 
                Intelligence and the Secretary of Defense, to be 
                necessary to ensure the establishment and operation of 
                the RCCs in accordance with subsection (e).
                    (C) Duties.--The Policy Board shall monitor and 
                provide guidance and oversight for the RCCs to ensure 
                that their operations are consistent with United States 
                foreign policy and law enforcement goals.
                    (D) Meetings.--The Policy Board shall meet bi-
                monthly and shall be co-chaired by officers from the 
                Office of the Coordinator for Counterterrorism of the 
                Department of State and the National Counterterrorism 
                Center of the Office of the Director of National 
                Intelligence.

SEC. 732. REGIONAL SECURITY INITIATIVE.

    (a) Sense of Congress.--It is the sense of Congress that the Latin 
America Regional Strategic Initiative (RSI) should serve as a critical 
component of United States regional counterterrorism and 
nonproliferation efforts.
    (b) Participation With the RCCs.--The Latin America RSI shall 
conduct at least one inter-agency meeting at one of the three RCCs each 
fiscal year. The Director, a Deputy Director, or both, of each RCC 
shall participate in all RSI meetings organized by the Department of 
State.
    (c) Report.--Not later than 45 days after the conclusion of each 
RSI meeting, the Secretary of State shall submit to the appropriate 
congressional committees a report, which shall include a classified 
annex if necessary, that describes--
            (1) the defined objectives of the RSI;
            (2) the extent to which such objectives have been achieved;
            (3) the steps taken by the United States to accomplish such 
        objectives;
            (4) the extent of cooperation by other countries in the 
        Western Hemisphere toward achieving such objectives; and
            (5) the steps the United States will take in the subsequent 
        months to accomplish such objectives.

SEC. 733. AUTHORIZATION OF APPROPRIATIONS.

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

Subtitle D--Prohibitions on Engagement With Certain Western Hemisphere 
                               Countries

SEC. 741. PROHIBITIONS ON ENGAGEMENT WITH CERTAIN WESTERN HEMISPHERE 
              COUNTRIES.

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

                           Subtitle E--Report

SEC. 751. REPORT.

    (a) In General.--Not later than one year after the date of the 
enactment of this Act and annually thereafter, the Secretary of State 
shall submit to the appropriate congressional committees a report on 
the activities carried out to achieve the objectives described in 
subtitles B and C that describe--
            (1) the extent to which each such objective has been 
        achieved;
            (2) the steps taken by the United States and countries in 
        the Western Hemisphere in the preceding calendar year to 
        accomplish such objectives;
            (3) the extent of cooperation by other countries in the 
        Western Hemisphere toward achieving such objectives; and
            (4) the steps the United States will take in the current 
        calendar year to accomplish such objectives.
    (b) Preparation and Form of Report.--The report required under 
subsection (a) shall rely on public information to the extent possible, 
and shall include a classified annex, if necessary.

       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 eighty percent of these items 
        exported to United States NATO allies and other major non-NATO 
        allies.
            (12) A Government Accountability Office report of October 
        9, 2001 (GAO-02-120), documented ambiguous export control 
        jurisdiction affecting 25 percent of the items that the United 
        States Government agreed to control as part of its commitments 
        to the Missile Technology Control Regime. The United States 
        Government has not clearly determined which department has 
        jurisdiction over these items, which increases the risk that 
        these items will fall into the wrong hands. During both the 
        108th, 109th, and 110th Congresses, the House of 
        Representatives passed legislation mandating that the 
        Administration clarify this issue.
            (13) During 2007 and 2008, the management and staff of the 
        Directorate of Defense Trade Controls of the Department of 
        State have, through extraordinary effort and dedication, 
        eliminated the large backlog of open applications and have 
        reduced average processing times for license applications; 
        however, the Directorate remains understaffed and long delays 
        remain for complicated cases.

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 Act, the International Traffic in Arms Regulations and the 
United States Munitions List to determine those technologies and goods 
that warrant different or additional controls.
    (b) Conduct of Review.--In carrying out the review required under 
subsection (a), the Secretary of State shall review not less than 20 
percent of the technologies and goods on the International Traffic in 
Arms Regulations and the United States Munitions List in each calendar 
year so that for the 5-year period beginning with calendar year 2010, 
and for each subsequent 5-year period, the International Traffic in 
Arms Regulations and the United States Munitions List will be reviewed 
in their entirety.
    (c) Report.--The Secretary of State shall submit to the appropriate 
congressional committees and the Committee on Armed Services of the 
House of Representatives and the Committee on Armed Services of the 
Senate an annual report on the results of the review carried out under 
this section.

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 one year after 
the date of the enactment of the Defense Trade Controls Performance 
Improvement Act of 2009, the President shall make available to persons 
who have pending license applications under this chapter and the 
committees of jurisdiction the ability to access electronically current 
information on the status of each license application required to be 
submitted under this chapter.
    ``(b) Matters To Be Included.--The information referred to in 
subsection (a) shall be limited to the following:
            ``(1) The case number of the license application.
            ``(2) The date on which the license application is received 
        by the Department of State and becomes an `open application'.
            ``(3) The date on which the Directorate of Defense Trade 
        Controls makes a determination with respect to the license 
        application or transmits it for interagency review, if 
        required.
            ``(4) The date on which the interagency review process for 
        the license application is completed, if such a review process 
        is required.
            ``(5) The date on which the Department of State begins 
        consultations with the congressional committees of jurisdiction 
        with respect to the license application.
            ``(6) The date on which the license application is sent to 
        the congressional committees of jurisdiction.''.

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 one year after the date of the 
enactment of this Act, and annually thereafter for 4 years, the 
President shall transmit to the Committee on Foreign Affairs of the 
House of Representatives and the Committee on Foreign Relations of the 
Senate a report on United States diplomatic efforts described in 
subsection (a).

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) is 
amended by adding at the end the following:
    ``(k) Report.--
            ``(1) In general.--The President shall transmit to the 
        Committee on Foreign Affairs of the House of Representatives 
        and the Committee on Foreign Relations of the Senate a report 
        that contains a detailed listing, by country and by 
        international organization, of the total dollar value of major 
        defense equipment and defense articles exported pursuant to 
        licenses authorized under this section for the previous fiscal 
        year.
            ``(2) Inclusion in annual budget.--The report required by 
        this subsection shall be included in the supporting information 
        of the annual budget of the United States Government required 
        to be submitted to Congress under section 1105 of title 31, 
        United States Code.''.

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

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) Violations of This Section and Section 39.--
            ``(1) Unlawful acts.--It shall be unlawful for any person 
        to violate, attempt to violate, conspire to violate, or cause a 
        violation of any provision of this section or section 39, or 
        any rule or regulation issued under either section, or who, in 
        a registration or license application or required report, makes 
        any untrue statement of a material fact or omits to state a 
        material fact required to be stated therein or necessary to 
        make the statements therein not misleading.
            ``(2) Civil penalties.--A person who commits an unlawful 
        act described in paragraph (1) shall upon conviction be fined 
        for each violation in an amount not to exceed the greater of--
                    ``(A) $250,000; or
                    ``(B) an amount that is twice the amount of the 
                transaction that is the basis of the violation with 
                respect to which the penalty is imposed.
            ``(3) Criminal penalties.--A person who willfully commits 
        an unlawful act described in paragraph (1) shall upon 
        conviction--
                    ``(A) be fined for each violation in an amount not 
                to exceed $1,000,000, or
                    ``(B) in the case of a natural person, imprisoned 
                for not more than 20 years,
        or both.''.
    (b) Mechanisms To Identify Violators.--Section 38(g) of the Arms 
Export Control Act (22 U.S.C. 2778(g)) is amended--
            (1) in paragraph (1)--
                    (A) in subparagraph (A)--
                            (i) in the matter preceding clause (i), by 
                        inserting ``or otherwise charged'' after 
                        ``indictment'';
                            (ii) in clause (xi), by striking ``or'' at 
                        the end; and
                            (iii) by adding at the end the following:
                    ``(xiii) section 542 of title 18, United States 
                Code, relating to entry of goods by means of false 
                statements;
                    ``(xiv) section 554 of title 18, United States 
                Code, relating to smuggling goods from the United 
                States; or
                    ``(xv) section 1831 of title 18, United States 
                Code, relating to economic espionage.''; and
                    (B) in subparagraph (B), by inserting ``or 
                otherwise charged'' after ``indictment''; and
            (2) in paragraph (3)(A), by inserting ``or otherwise 
        charged'' after ``indictment''.
    (c) Effective Date.--The amendment made by subsection (a) shall 
take effect on the date of the enactment of this Act and shall apply 
with respect to violations of sections 38 and 39 of the Arms Export 
Control Act committed on or after that date.

                  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 counter-terrorism 
forces in order for that country to--
            (1) conduct counterterrorist operations; or
            (2) participate in or support military and stability 
        operations in which the United States is a participant.
    (b) Types of Capacity-Building.--The program authorized under 
subsection (a) may include the provision of equipment, supplies, and 
training.
    (c) Limitations.--
            (1) Assistance otherwise prohibited by law.--The Secretary 
        of State may not use the authority in subsection (a) to provide 
        any type of assistance described in subsection (b) that is 
        otherwise prohibited by any provision of law.
            (2) Limitation on eligible countries.--The Secretary of 
        State may not use the authority in subsection (a) to provide 
        assistance described in subsection (b) to any foreign country 
        that is otherwise prohibited from receiving such type of 
        assistance under any other provision of law.
    (d) Formulation and Execution of Activities.--The Secretary of 
State shall consult with the head of any other appropriate department 
or agency in the formulation and execution of the program authorized 
under subsection (a).
    (e) Congressional Notification.--
            (1) Activities in a country.--Not less than 15 days before 
        obligating funds for activities in any country under the 
        program authorized under subsection (a), the Secretary of State 
        shall submit to the congressional committees specified in 
        paragraph (2) a notice of the following:
                    (A) The country whose capacity to engage in 
                activities in subsection (a) will be assisted.
                    (B) The budget, implementation timeline with 
                milestones, and completion date for completing the 
                activities.
            (2) Specified congressional committees.--The congressional 
        committees specified in this paragraph are the following:
                    (A) The Committee on Foreign Affairs and the 
                Committee on Appropriations of the House of 
                Representatives.
                    (B) The Committee on Foreign Relations and the 
                Committee on Appropriations of the Senate.
    (f) Authorization of Appropriations.--
            (1) In general.--There is authorized to be appropriated to 
        the Secretary of State $25,000,000 for each of the fiscal years 
        2010 and 2011 to conduct the program authorized by subsection 
        (a).
            (2) Use of fmf funds.--The Secretary of State may use up to 
        $25,000,000 of funds available under the Foreign Military 
        Financing program for each of the fiscal years 2010 and 2011 to 
        conduct the program authorized under subsection (a).
            (3) Availability and reference.--Amounts made available to 
        conduct the program authorized under subsection (a)--
                    (A) are authorized to remain available until 
                expended; and
                    (B) may be referred to as the ``Security Assistance 
                Contingency Fund''.

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. REPORT ON UNITED STATES COMMITMENTS TO THE SECURITY OF 
              ISRAEL.

    (a) Initial Report.--Not later than 30 days after the date of the 
enactment of this Act, the President shall transmit to the appropriate 
congressional committees a report that contains--
            (1) a complete, unedited, and unredacted copy of each 
        assurance made by United States Government officials to 
        officials of the Government of Israel regarding Israel's 
        security and maintenance of Israel's qualitative military edge, 
        as well as any other assurance regarding Israel's security and 
        maintenance of Israel's qualitative military edge provided in 
        conjunction with exports under the Arms Export Control Act (22 
        U.S.C. 2751 et seq.), for the period beginning on January 1, 
        1975, and ending on the date of the enactment of this Act; and
            (2) an analysis of the extent to which, and by what means, 
        each such assurance has been and is continuing to be fulfilled.
    (b) Subsequent Reports.--
            (1) New assurances and revisions.--The President shall 
        transmit to the appropriate congressional committees a report 
        that contains the information required under subsection (a) 
        with respect to--
                    (A) each assurance described in subsection (a) made 
                on or after the date of the enactment of this Act, or
                    (B) revisions to any assurance described in 
                subsection (a) or subparagraph (A) of this paragraph,
        within 15 days of the new assurance or revision being conveyed.
            (2) 5-year reports.--Not later than 5 years after the date 
        of the enactment of this Act, and every 5 years thereafter, the 
        President shall transmit to the appropriate congressional 
        committees a report that contains the information required 
        under subsection (a) with respect to each assurance described 
        in subsection (a) or paragraph (1)(A) of this subsection and 
        revisions to any assurance described in subsection (a) or 
        paragraph (1)(A) of this subsection during the preceding 5-year 
        period.
    (c) Form.--Each report required by this section shall be 
transmitted in unclassified form, but may contain a classified annex, 
if necessary.

SEC. 845. WAR RESERVES STOCKPILE.

    (a) Department of Defense Appropriations Act, 2005.--Section 
12001(d) of the Department of Defense Appropriations Act, 2005 (Public 
Law 108-287; 118 Stat. 1011), is amended by striking ``4'' and 
inserting ``7''.
    (b) Foreign Assistance Act of 1961.--Section 514(b)(2)(A) of the 
Foreign Assistance Act of 1961 (22 U.S.C. 2321h(b)(2)(A)) is amended by 
striking ``fiscal years 2007 and 2008'' and inserting ``fiscal years 
2010 and 2011''.

SEC. 846. EXCESS DEFENSE ARTICLES FOR CENTRAL AND SOUTH EUROPEAN 
              COUNTRIES AND CERTAIN OTHER COUNTRIES.

    Section 516(e) of the Foreign Assistance Act of 1961 (22 U.S.C. 
2321j(e)) is amended--
            (1) in paragraph (1), by striking ``paragraph (2)'' and 
        inserting ``paragraphs (2) and (3)'';
            (2) in paragraph (2), in the heading by striking 
        ``Exception'' and inserting ``General Exception''; and
            (3) by adding at the end the following new paragraph:
            ``(3) Exception for specific countries.--For fiscal years 
        2010 and 2011, the President may provide for the crating, 
        packing, handling, and transportation of excess defense 
        articles transferred under the authority of this section to 
        Albania, Afghanistan, Bulgaria, Croatia, Estonia, Macedonia, 
        Georgia, India, Iraq, Israel, Kazakhstan, Kyrgyzstan, Latvia, 
        Lithuania, Moldova, Mongolia, Pakistan, Romania, Slovakia, 
        Tajikistan, Turkmenistan, and Ukraine.''.

           TITLE IX--ACTIONS TO ENHANCE THE MERIDA INITIATIVE

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, including to the extent possible, 
                tracking information required under the second section 
                620J of the Foreign Assistance Act of 1961 (22 U.S.C. 
                2378d) (as added by section 651 of division J of Public 
                Law 110-161) with respect to countries participating in 
                the Merida Initiative; and
                    (E) consulting with the Attorney General and the 
                Secretary of Homeland Security with respect to the 
                activities of Federal, State, and local law enforcement 
                authorities in the United States relating to the goals 
                of the Merida Initiative, particularly along the United 
                States-Mexico border.
            (2) Rank and status of the coordinator.--The Coordinator 
        should have the rank and status of ambassador.

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

SEC. 903. CARICOM COUNTRY DEFINED.

    In this title, the term ``CARICOM country'' means a country that 
has been a full member country of the Caribbean Community (CARICOM) for 
at least five years or the Dominican Republic, but does not include--
            (1) a country having observer or associate status in 
        CARICOM;
            (2) a country the government of which the Secretary of 
        State has determined, for purposes of section 6(j) of the 
        Export Administration Act of 1979 (as continued in effect 
        pursuant to the International Emergency Economic Powers Act), 
        section 40 of the Arms Export Control Act, section 620A of the 
        Foreign Assistance Act of 1961, or any other provision of law, 
        is a government that has repeatedly provided support for acts 
        of international terrorism; or
            (3) a country that fails to adhere to human rights 
        standards pursuant to sections 116 and 502B(2) of the Foreign 
        Assistance Act of 1961 (22 U.S.C. 2151n and 2304).

SEC. 904. MERIDA INITIATIVE MONITORING AND EVALUATION MECHANISM.

    (a) Definitions.--In this section:
            (1) Impact evaluation research.--The term ``impact 
        evaluation research'' means the application of research methods 
        and statistical analysis to measure the extent to which change 
        in a population-based outcome can be attributed to program 
        intervention instead of other environmental factors.
            (2) Operations research.--The term ``operations research'' 
        means the application of social science research methods, 
        statistical analysis, and other appropriate scientific methods 
        to judge, compare, and improve policies and program outcomes, 
        from the earliest stages of defining and designing programs 
        through their development and implementation, with the 
        objective of the rapid dissemination of conclusions and 
        concrete impact on programming.
            (3) Program monitoring.--The term ``program monitoring'' 
        means the collection, analysis, and use of routine program data 
        to determine how well a program is carried out and how much the 
        program costs.
    (b) Sense of Congress.--It is the sense of Congress that--
            (1) to successfully support building the capacity of 
        recipient countries' civilian security institutions, enhance 
        the rule of law in recipient countries, and ensure the 
        protection of human rights, the President should establish a 
        program to conduct impact evaluation research, operations 
        research, and program monitoring to ensure effectiveness of 
        assistance provided under the Merida Initiative;
            (2) long-term solutions to the security problems of Merida 
        recipient countries depend on increasing the effectiveness and 
        responsiveness of their civilian institutions, including their 
        judicial system;
            (3) a specific program of impact evaluation research, 
        operations research, and program monitoring, established at the 
        inception of the program, is required to permit assessment of 
        the operational effectiveness of the impact of United States 
        assistance towards these goals; and
            (4) the President, in developing performance measurement 
        methods under the impact evaluation research, operations 
        research, and program monitoring, should consult with the 
        appropriate congressional committees as well as the governments 
        of Merida recipient countries.
    (c) Impact Evaluation Research, Operation Research, and Program 
Monitoring of Assistance.--The President shall establish and implement 
a program to assess the effectiveness of assistance provided under the 
Merida Initiative through impact evaluation research on a selected set 
of programmatic interventions, operations research in areas to ensure 
efficiency and effectiveness of program implementation, and monitoring 
to ensure timely and transparent delivery of assistance.
    (d) Requirements.--The program required under subsection (c) shall 
include--
            (1) a delineation of key impact evaluation research and 
        operations research questions for main components of assistance 
        provided under the Merida Initiative;
            (2) an identification of measurable performance goals for 
        each of the main components of assistance provided under the 
        Merida Initiative, to be expressed in an objective and 
        quantifiable form at the inception of the program;
            (3) the use of appropriate methods, based on rigorous 
        social science tools, to measure program impact and operational 
        efficiency; and
            (4) adherence to a high standard of evidence in developing 
        recommendations for adjustments to such assistance to enhance 
        the impact of such assistance.
    (e) Consultation With Congress.--Not later than 60 days after the 
date of the enactment of this Act, the President shall brief and 
consult with the appropriate congressional committees regarding the 
progress in establishing and implementing the program required under 
subsection (c).
    (f) Report.--
            (1) In general.--Not later than 180 days after the date of 
        the enactment of this section and not later than December 1 of 
        each year thereafter, the President shall transmit to the 
        appropriate congressional committees a report regarding 
        programs and activities carried out under the Merida Initiative 
        during the preceding fiscal year.
            (2) Matters to be included.--The reports required under 
        this subsection shall include the following:
                    (A) Findings.--Findings related to the impact 
                evaluation research, operation research, and program 
                monitoring of assistance program established under 
                subsection (c).
                    (B) Coordination.--Efforts of the United States 
                Government to coordinate its activities, including--
                            (i) a description of all counternarcotics 
                        and organized crime assistance provided to 
                        Merida Initiative recipient countries in the 
                        previous fiscal year;
                            (ii) an assessment of how such assistance 
                        was coordinated; and
                            (iii) recommendations for improving 
                        coordination.
                    (C) Transfer of equipment.--A description of the 
                transfer of equipment, including--
                            (i) a description of the progress of each 
                        recipient country toward the transfer of 
                        equipment, if any, from its armed forces to law 
                        enforcement agencies;
                            (ii) a list of agencies that have used air 
                        assets provided by the United States under the 
                        Merida Initiative to the government of each 
                        recipient country, and, to the extent possible, 
                        a detailed description of those agencies that 
                        have utilized such air assets, such as by a 
                        percentage breakdown of use by each agency; and
                            (iii) a description of training of law 
                        enforcement agencies to operate equipment, 
                        including air assets.
                    (D) Human rights.--In accordance with sections 
                116(d) and 502B(b) of the Foreign Assistance Act of 
                1961 (22 U.S.C. 2151n(d) and 2304(b)) and section 504 
                of the Trade Act of 1974 (19 U.S.C. 2464), an 
                assessment of the human rights impact of the equipment 
                and training provided under the Merida Initiative, 
                including--
                            (i) a list of accusations of serious human 
                        rights abuses committed by the armed forces and 
                        law enforcement agencies of recipient countries 
                        on or after the date of the enactment of this 
                        Act; and
                            (ii) a description of efforts by the 
                        governments of Merida recipient countries to 
                        investigate and prosecute allegations of abuses 
                        of human rights committed by any agency of such 
                        recipient countries.
                    (E) Effectiveness of equipment.--An assessment of 
                the long-term effectiveness of the equipment and 
                maintenance packages and training provided to each 
                recipient country's security institutions.
                    (F) Mexico public security strategy.--A description 
                of Mexico's development of a public security strategy, 
                including--
                            (i) effectiveness of the Mexican Federal 
                        Registry of Police Personnel to vet police 
                        recruiting at the National, state, and 
                        municipal levels to prevent rehiring from one 
                        force to the next after dismissal for 
                        corruption and other reasons; and
                            (ii) an assessment of how the Merida 
                        Initiative complements and supports the Mexican 
                        Government's own public security strategy.
                    (G) Central american regional security plan.--A 
                description of implementation by the countries of 
                Central America of the Central American Regional 
                Security Plan, including an assessment of how the 
                Merida Initiative complements and supports the Central 
                American Regional Security Plan.
                    (H) Use of contractors.--A detailed description of 
                contracts awarded to private companies to carry out 
                provisions of the Merida Initiative, including--
                            (i) a description of the number of United 
                        States and foreign national civilian 
                        contractors awarded contracts;
                            (ii) a list of the total dollar value of 
                        the contracts; and
                            (iii) the purposes of the contracts.
                    (I) Phase out of law enforcement activities.--A 
                description of the progress of phasing out law 
                enforcement activities of the armed forces of each 
                recipient country.
                    (J) Impact on border violence and security.--A 
                description of the impact that activities authorized 
                under the Merida Initiative have had on violence 
                against United States and Mexican border personnel and 
                the extent to which these activities have increased the 
                protection and security of the United States-Mexico 
                border.

SEC. 905. MERIDA INITIATIVE DEFINED.

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

                    TITLE X--REPORTING REQUIREMENTS

SEC. 1001. REPORT ON UNITED STATES CAPACITIES TO PREVENT GENOCIDE AND 
              MASS ATROCITIES.

    (a) Statement of Policy and Strategy Required.--It is the policy of 
the United States to make the prevention of genocide and mass 
atrocities wherever they may occur a national priority. Toward this 
end, the President, in consultation with Congress, shall develop and 
promulgate a government wide-strategy for effective early warning and 
preventive action in situations where genocide or mass atrocities may 
occur, and strengthen preventive diplomacy capacities within the 
Department of State to prevent and respond to threats of genocide or 
mass atrocities.
    (b) Report.--Not later than 180 days after the date of the 
enactment of this Act, the President shall transmit to the appropriate 
congressional committees a report on specific plans for the development 
of a government-wide strategy for preventing genocide and mass 
atrocities in accordance with subsection (a).

SEC. 1002. REPORTS RELATING TO PROGRAMS TO ENCOURAGE GOOD GOVERNANCE.

    (a) In General.--Subparagraph (C) of section 133(d)(2) of the 
Foreign Assistance Act of 1961 (22 U.S.C. 2152c(d)(2)) is amended by 
inserting at the end before the period the following: ``, including, 
with respect to a country that produces or exports large amounts of 
natural resources such as petroleum or natural resources, the degree to 
which citizens of the country have access to information about 
government revenue from the extraction of such resources and credible 
reports of human rights abuses against individuals from civil society 
or the media seeking to monitor such extraction.''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
apply with respect to reports required to be transmitted under section 
133(d)(2) of the Foreign Assistance Act of 1961, as so amended, on or 
after the date of the enactment of this Act.

SEC. 1003. REPORTS ON HONG KONG.

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

SEC. 1004. DEMOCRACY IN GEORGIA.

    (a) Sense of Congress.--It is the sense of Congress that the 
development and consolidation of effective democratic governance in 
Georgia, including free and fair electoral processes, respect for human 
rights and the rule of law, an independent media, an independent 
judiciary, a vibrant civil society, as well as transparency and 
accountability of the executive branch and legislative process, is 
critically important to Georgia's integration into Euro-Atlantic 
institutions, stability in the Caucasus region, and United States 
national security. It is further the sense of Congress that United 
States should continue to affirm the right of Georgia to exercise 
sovereignty over all of its territory and the United States should urge 
the European Union, its member-states, and the entire international 
community to call for an immediate and complete withdrawal by Russia of 
its troops now deployed within Georgia and an immediate end of all 
forms of Russia's support for the separatist regions of Georgia.
    (b) Report on Democracy in Georgia.--
            (1) In general.--Not later than 180 days after the date of 
        the enactment of this Act, and not later than December 31 of 
        each of the two fiscal years thereafter, the Secretary of State 
        shall submit to the Committee on Foreign Affairs of the House 
        of Representatives and the Committee on Foreign Relations of 
        the Senate a report on the programs, projects, and activities 
        carried out in Georgia with United States foreign assistance 
        following the August 2008 conflict with Russia and on 
        continuing United States efforts to monitor the security of 
        Georgia, Russian activities in Georgia, and diplomatic efforts 
        to support the sovereignty of Georgia.
            (2) Contents.--The report required under paragraph (1) 
        shall include information concerning the following:
                    (A) The amount of United States assistance 
                obligated and expended for reconstruction activities 
                for the prior fiscal year.
                    (B) A description of the programs funded by such 
                assistance, including humanitarian aid, reconstruction 
                of critical infrastructure, economic development, 
                political and democratic development, and broadcasting.
                    (C) An evaluation of the impact of such programs, 
                including their contribution to the consolidation of 
                democracy in Georgia and efforts by the Government of 
                Georgia to improve democratic governance.
                    (D) An analysis of the implementation of the United 
                States-Georgia Charter on Strategic Partnership.
                    (E) An assessment of the security of Georgia from 
                external attack and internal conflict, including any 
                acts by Russia or elements of its military or other 
                agencies that may violate the sovereignty of Georgia or 
                increase the likelihood of renewed conflict in Georgia.
                    (F) The status of United States diplomatic efforts 
                in support of Georgia's sovereignty, specifically those 
                steps undertaken by the United States to assist Georgia 
                in ensuring those defenses necessary to deter further 
                attacks and steps taken to work with the European Union 
                and its member-states to persuade the Government of 
                Russia to full and immediately withdraw its forces from 
                all of the territory of Georgia and to end all of its 
                forms of support for the separatist regions within 
                Georgia.

SEC. 1005. DIPLOMATIC RELATIONS WITH ISRAEL.

    (a) Sense of Congress.--It is the sense of Congress that the United 
States should assist Israel in its efforts to establish diplomatic 
relations.
    (b) Report.--Not later than 90 days after the date of the enactment 
of this Act and annually thereafter, the Secretary of State shall 
submit to the appropriate congressional committees a report that 
includes the following information:
            (1) Actions taken by representatives of the United States 
        to encourage other countries to establish full diplomatic 
        relations with Israel.
            (2) Specific responses solicited and received by the 
        Secretary from countries that do not maintain full diplomatic 
        relations with Israel with respect to their attitudes toward 
        and plans for entering into diplomatic relations with Israel.
            (3) Other measures being undertaken, and measures that will 
        be undertaken, by the United States to ensure and promote 
        Israel's full participation in the world diplomatic community.
    (c) Form of Submission.--The report required under subsection (b) 
may be submitted in classified or unclassified form, as the Secretary 
determines appropriate.

SEC. 1006. POLICE TRAINING REPORT.

    (a) In General.--Not later than 180 days after the date of the 
enactment of this Act, the President shall, in coordination with the 
heads of relevant Federal departments and agencies, conduct a study and 
transmit to Congress a report on current overseas civilian police 
training in countries or regions that are at risk of, in, or are in 
transition from, conflict or civil strife.
    (b) Contents.--The report required under subsection (a) shall 
contain information on the following:
            (1) The coordination, communication, program management, 
        and policy implementation among the United States civilian 
        police training programs in countries or regions that are at 
        risk of, in, or are in transition from, conflict or civil 
        strife.
            (2) The number of private contractors conducting such 
        training, and the quality and cost of such private contractors.
            (3) An assessment of pre-training procedures for 
        verification of police candidates to adequately assess their 
        aptitude, professional skills, integrity, and other 
        qualifications that are essential to law enforcement work.
            (4) An analysis of the practice of using existing Federal 
        police entities to provide civilian police training in 
        countries or regions that are at risk of, in, or are in 
        transition from, conflict or civil strife, along with the 
        subject matter expertise that each such entity may provide to 
        meet local needs in lieu of the use of private contractors.
            (5) Provide recommendations, including recommendations 
        related to required resources and actions, to maximize the 
        effectiveness and interagency coordination and the adequate 
        provision of civilian police training programs in countries or 
        regions that are at risk of, in, or are in transition from, 
        conflict or civil strife.

SEC. 1007. REVIEW OF SECURITY ASSISTANCE FOR EGYPT.

    (a) Declaration of Policy.--It shall be the policy of the United 
States to use its foreign assistance for Egypt, including assistance 
under the Foreign Military Financing Program, to encourage the 
advancement of political, economic, and religious liberty in Egypt.
    (b) Review of Security Assistance for Egypt.--
            (1) In general.--Not later than 180 days after the date of 
        the enactment of this Act, the Secretary of State shall conduct 
        a study and submit to the appropriate congressional committees 
        a report on United States security assistance to the Government 
        of Egypt.
            (2) Contents.--The report submitted under paragraph (1) 
        shall contain--
                    (A) a description of the strategic objectives of 
                the United States regarding the provision of security 
                assistance and security cooperation programs to the 
                Government of Egypt;
                    (B) biennial outlays for United States assistance 
                to the Government of Egypt for the purposes of 
                strategic planning, training, provision of equipment, 
                and construction of facilities, including funding 
                streams;
                    (C) a description of vetting and end-user 
                monitoring systems in place by both the Government of 
                Egypt and the United States for defense articles and 
                training provided by the United States, including human 
                rights vetting; and
                    (D) recommendations, including required resources 
                and actions to maximize the effectiveness of United 
                States security assistance to the Government of Egypt.
            (3) Coordination.--The report submitted under paragraph (1) 
        shall be coordinated with the Secretary of Defense and other 
        relevant agencies.
    (c) Government Accountability Office Report.--Not later than 120 
days after the date of the submission of the report required under 
subsection (b), the Comptroller General of the United States shall 
submit to the appropriate congressional committees a report that--
            (1) reviews and comments on the report required under 
        subsection (b); and
            (2) provides recommendations regarding any additional 
        necessary actions.

SEC. 1008. REVIEW OF SECURITY ASSISTANCE FOR YEMEN.

    (a) In General.--Not later than 180 days after the date of the 
enactment of this Act, the Secretary of State shall conduct a study and 
submit to Congress a report on United States security assistance to the 
Government of Yemen.
    (b) Contents.--The report required under subsection (a) shall 
contain--
            (1) a description of the strategic objectives of the United 
        States regarding the provision of security assistance and 
        security cooperation programs to the Government of Yemen;
            (2) a threat assessment for Yemen;
            (3) biennial outlays for United States assistance to the 
        Government of Yemen for the purposes of strategic planning, 
        training, provision of equipment, and construction of 
        facilities, including funding streams;
            (4) a description of vetting and end-user monitoring 
        systems in place by both the Government of Yemen and the United 
        States for defense articles and training provided by the United 
        States, to include human rights vetting;
            (5) a description of actions that the Government of Yemen 
        is taking to combat foreign terrorist organizations; and
            (6) recommendations, including required resources and 
        actions to maximize the effectiveness United States security 
        assistance to the Government of Yemen.
    (c) Coordination.--The report required under subsection (a) shall 
be coordinated with the Secretary of Defense and other relevant 
agencies.
    (d) Government Accountability Office Report.--Not later than 120 
days after the date of the submission of the report required under 
subsection (a), the Comptroller General of the United States shall 
submit to Congress a report that--
            (1) reviews and comments on such report; and
            (2) provides recommendations regarding any additional 
        necessary actions.

SEC. 1009. REVIEW OF SECURITY ASSISTANCE FOR THE GOVERNMENT OF LEBANON.

    (a) Requirement.--Not later than 180 days after the date of the 
enactment of this Act and annually thereafter in connection with the 
submission of congressional presentation materials for the foreign 
operations appropriations and defense appropriations budget request, 
the Secretary of State shall submit to the appropriate congressional 
committees a report that includes the following:
            (1) A description of the strategic objectives of the United 
        States regarding the provision of security assistance and 
        security cooperation programs to the Government of Lebanon, 
        including arms sales to the Government of Lebanon, and a 
        strategy for achieving those objectives.
            (2) Biennial outlays for United States security assistance 
        to the Government of Lebanon for the purposes of strategic 
        planning, training, provision of equipment, and construction of 
        facilities.
            (3) A breakdown of contributions and assistance provided by 
        the United States, international organizations, and other 
        countries and entities to the Government of Lebanon, including 
        the Ministry of Defense, the Ministry of Interior, the Lebanese 
        Armed Forces, the Internal Security Forces, the General 
        Security Directorate, the General Directorate of State 
        Security, Lebanese Military Intelligence, and other 
        organizations or agencies.
            (4) A description of vetting and end-user monitoring 
        systems in place by the Government of Lebanon, the United 
        States, international organizations, and other countries and 
        entities providing security assistance to the Government of 
        Lebanon.
            (5) Metrics utilized by the United States Government for 
        measuring whether United States security assistance and 
        security cooperation programs have improved the capacity of the 
        Government of Lebanon's security forces to operate.
    (b) Classified Annex.--The report required under subsection (a) 
shall be in unclassified form to the maximum extent possible, and may 
include a classified annex where necessary.

SEC. 1010. REPORT ON ACTIVITIES IN HAITI.

    Not later than 180 days after the date of the enactment of this 
Act, the Director of United States Foreign Assistance, in conjunction 
with the Secretary of State, shall submit to the appropriate 
congressional committees a report on the following:
            (1) Hurricane emergency recovery.--The status of activities 
        in Haiti funded or authorized, in whole or in part, by the 
        Department of State and the United States Agency for 
        International Development (USAID) through assistance 
        appropriated under the Consolidated Security, Disaster 
        Assistance, and Continuing Appropriations Act, 2009.
            (2) General activities.--A summary of activities funded or 
        authorized, in whole or in part, by the Department of State and 
        USAID in the previous 12-month period, how such activities are 
        coordinated with the work of the Government of Haiti to provide 
        a safe and prosperous democracy for its citizens, and a 
        description of efforts being made to build the capacity of the 
        Government of Haiti to assume management and implementation of 
        such activities.
            (3) Coordination.--A description of how United States 
        assistance is coordinated--
                    (A) among United States departments and agencies; 
                and
                    (B) with other donors to Haiti, including programs 
                through the United Nations, the Inter-American 
                Development Bank, and the Organization of American 
                States.
            (4) Benchmarks.--A summary of short-term and long-term 
        objectives for United States assistance to Haiti and metrics 
        that will be used to identify, track, and manage the progress 
        of United States activities in Haiti.

                   TITLE XI--MISCELLANEOUS PROVISIONS

SEC. 1101. ASSISTANCE TO SUPPORT MEASURES FOR THE REUNIFICATION OF 
              CYPRUS.

    (a) Assistance Authorized.--The President is authorized to provide 
assistance under this Act and the Foreign Assistance Act of 1961 to 
support measures aimed at the reunification of Cyprus.
    (b) Consultation.--The President shall, to the maximum extent 
practicable, consult with the Government of the Republic of Cyprus with 
respect to the provision of assistance under subsection (a) in order to 
ensure the transparency of such assistance.
    (c) Report.--The President shall transmit to the appropriate 
congressional committees a report on the implementation of this section 
for each of the fiscal years 2010 and 2011. The report shall include a 
description of the recipients of assistance under subsection (a), the 
objectives of the programs and activities for which the assistance is 
provided, and the role of United States-funded programs and activities 
in helping achieve the reunification of Cyprus.
    (d) Authorization of Appropriations.--Of the amounts authorized to 
be appropriated under this Act and the Foreign Assistance Act of 1961 
for development, reconciliation, and cooperation between communities of 
foreign countries and related purposes, there is authorized to be 
appropriated to the President such sums as may be necessary for each of 
the fiscal years 2010 and 2011 to carry out this section.

SEC. 1102. LIMITATION ON ASSISTANCE TO THE FORMER YUGOSLAV REPUBLIC OF 
              MACEDONIA.

    (a) Findings.--Congress finds the following:
            (1) Greece has demonstrated an enormous good will gesture 
        in agreeing that ``Macedonia'' may be included in the future 
        name of the Former Yugoslav Republic of Macedonia (FYROM) as 
        long as that term is combined with a geographic qualifier that 
        makes it clear that there are no territorial ambitions on the 
        part of the FYROM with regard to the historical boundaries of 
        the Greek province of Macedonia.
            (2) The FYROM continues to utilize materials that violate 
        provisions of the United Nations-brokered Interim Agreement 
        between the FYROM and Greece regarding hostile activities or 
        propaganda, and has failed to work with the United Nations and 
        Greece to achieve the longstanding goals of the United States 
        and the United Nations to find a mutually acceptable, new 
        official name for the FYROM.
    (b) Sense of Congress.--It is the sense of Congress that amounts 
authorized to be appropriated under this Act or the Foreign Assistance 
Act of 1961 for the FYROM should be conditioned on the FYROM's 
willingness to engage in meaningful discussions with Greece in 
accordance with United Nations Security Council Resolution 817.
    (c) Limitation.--None of the funds authorized to be appropriated 
under this Act or the Foreign Assistance Act of 1961 may be made 
available to the FYROM for programs and activities that directly or 
indirectly promote hostile activities or propaganda by state-controlled 
agencies of the FYROM or encourage acts by private entities likely to 
incite violence, hatred or hostility, including support for printing 
and publishing of textbooks, maps, and teaching aids that may include 
inaccurate information on the histories and geographies of Greece and 
FYROM.
    (d) Report.--The President shall transmit to the appropriate 
congressional committees a report on the implementation of this section 
for each of the fiscal years 2010 and 2011. The report shall include a 
description of the recipients of assistance provided to the FYROM under 
this Act and the Foreign Assistance Act of 1961, the objectives of the 
programs and activities for which the assistance is provided, and the 
role of United States-funded programs and activities in helping achieve 
an agreement between Greece and the FYROM on an acceptable name for the 
FYROM.

SEC. 1103. STATEMENT OF POLICY REGARDING THE ECUMENICAL PATRIARCHATE.

    (a) Findings.--Congress finds the following:
            (1) The Ecumenical Patriarchate is the spiritual home of 
        the world's oldest and second largest Christian Church.
            (2) Within the 2,000 year old Sacred See of the Ecumenical 
        Patriarchate, the New Testament was codified and the Nicene 
        Creed was created.
            (3) Ecumenical Patriarch Bartholomew is one of the world's 
        preeminent spiritual leaders and peacemakers representing over 
        300 million Orthodox Christians worldwide.
            (4) The disappearance of the Sacred See would mean the end 
        of a crucial link between the Christian and the Muslim world 
        since the continuing presence of the Ecumenical Patriarchate in 
        Turkey is a living testimony of religious co-existence since 
        1453.
            (5) The Ecumenical Patriarchate has a record of reaching 
        out and working for peace and reconciliation amongst all faiths 
        and has fostered dialogue among Christians, Jews, and Muslims.
            (6) The Ecumenical Patriarchate co-sponsored the Peace and 
        Tolerance Conference in Istanbul which issued the Bosphorus 
        Declaration that stated, ``A crime committed in the name of 
        religion is a crime against religion.''.
            (7) The Ecumenical Patriarch Bartholomew stated in Brussels 
        in 2004, ``The Ecumenical Patriarchate is a supranational 
        ecclesiastical institution . . . which demonstrates religious 
        tolerance as a beautiful reality. For we bear respect toward 
        all of our humans, irrespective of their faith. Without any 
        trace of fanaticism or discrimination on account of differences 
        of religion, we coexist peacefully and in a spirit that honors 
        each and every human being.''.
            (8) The Ecumenical Patriarch Bartholomew has called for the 
        admission of Turkey into the European Union because, ``. . . it 
        may provide a concrete example and a powerful symbol of 
        mutually beneficial cooperation between the western and Islamic 
        worlds and put an end to the talk of the clash of 
        civilizations. This in turn would be a true strengthening of 
        Europe and the European ideals that converge with the values of 
        the `pilgrims of the book' spoken of by the current Prime 
        Minister of Turkey.''.
            (9) In 1993 the European Union defined the membership 
        criteria for accession to the European Union at the Copenhagen 
        European Council, obligating candidate countries to have 
        achieved certain levels of reform, including stability of 
        institutions guaranteeing democracy, the rule of law, and human 
        rights, and respect for and protection of minorities.
            (10) Under the terms of the draft European Union 
        Constitution, current, and prospective member states should 
        have the goal of eliminating discrimination based on sex, race, 
        color, ethnic or social origin, genetic features, language, 
        religion or belief, political or any other opinion, membership 
        of a national minority, property, birth, disability, age, or 
        sexual orientation.
            (11) The Turkish Constitution secures religious rights for 
        all Turkish citizens.
            (12) The Government of Turkey has failed to recognize the 
        Ecumenical Patriarchate's international status.
            (13) The Government of Turkey has limited to Turkish 
        nationals the candidates available to the Holy Synod of the 
        Greek Orthodox Church for selection as the Ecumenical 
        Patriarchate and reneged on its agreement to reopen the 
        Theological School at Halki, thus impeding training for the 
        Orthodox clergy in Turkey.
            (14) The Government of Turkey has confiscated 75 percent of 
        the Ecumenical Patriarchate properties and has placed a 42 
        percent retroactive tax on the Balukli Hospital of Istanbul 
        which is operated by the Ecumenical Patriarchate.
            (15) The European Council has agreed to open accession 
        negotiations with Turkey, conditional upon the continuation by 
        Turkey of reform processes to increase protection and support 
        for human rights and civil liberties.
    (b) Statement of Policy.--The United States calls on the Republic 
of Turkey to--
            (1) based on the goals set forth in the draft of the 
        European Union Constitution, eliminate all forms of 
        discrimination, particularly those based on race or religion, 
        and immediately--
                    (A) grant the Ecumenical Patriarchate appropriate 
                international recognition and ecclesiastic succession;
                    (B) grant the Ecumenical Patriarchate the right to 
                train clergy of all nationalities, not just Turkish 
                nationals; and
                    (C) respect the human rights and property rights of 
                the Ecumenical Patriarchate;
            (2) pledge to uphold and safeguard religious and human 
        rights without compromise;
            (3) continue the achievement of processes and programs to 
        modernize and democratize its society; and
            (4) respect international law and the basic tenets of human 
        rights.

SEC. 1104. FREEDOM OF THE PRESS.

    (a) Short Title.--This section may be cited as the ``Daniel Pearl 
Freedom of the Press Act of 2009''.
    (b) Inclusion of Additional Information Relating to Freedom of the 
Press Worldwide in Annual Country Reports on Human Rights Practices.--
The Foreign Assistance Act of 1961 is amended--
            (1) in section 116(d) (22 U.S.C. 2151n(d)), as amended by 
        section 333(d) of this Act--
                    (A) in paragraph (11), by striking ``and'' at the 
                end;
                    (B) in paragraph (12), by striking the period at 
                the end and inserting ``; and''; and
                    (C) by adding at the end the following new 
                paragraph:
            ``(13) wherever applicable--
                    ``(A) a description of the status of freedom of the 
                press, including initiatives in favor of freedom of the 
                press and efforts to improve or preserve, as 
                appropriate, the independence of the media, together 
                with an assessment of progress made as a result of 
                those efforts;
                    ``(B) an identification of countries in which there 
                were violations of freedom of the press, including 
                direct physical attacks, imprisonment, indirect sources 
                of pressure, and censorship by governments, military, 
                intelligence, or police forces, criminal groups, or 
                armed extremist or rebel groups; and
                    ``(C) in countries where there are particularly 
                severe violations of freedom of the press--
                            ``(i) whether government authorities of 
                        each such country participate in, facilitate, 
                        or condone such violations of the freedom of 
                        the press; and
                            ``(ii) what steps the government of each 
                        such country has taken to preserve the safety 
                        and independence of the media, and to ensure 
                        the prosecution of those individuals who attack 
                        or murder journalists.''; and
            (2) in section 502B (22 U.S.C. 2304), by adding at the end 
        the following new subsection:
    ``(i) The report required by subsection (b) shall include, wherever 
applicable--
            ``(1) a description of the status of freedom of the press, 
        including initiatives in favor of freedom of the press and 
        efforts to improve or preserve, as appropriate, the 
        independence of the media, together with an assessment of 
        progress made as a result of those efforts;
            ``(2) an identification of countries in which there were 
        violations of freedom of the press, including direct physical 
        attacks, imprisonment, indirect sources of pressure, and 
        censorship by governments, military, intelligence, or police 
        forces, criminal groups, or armed extremist or rebel groups; 
        and
            ``(3) in countries where there are particularly severe 
        violations of freedom of the press--
                    ``(A) whether government authorities of each such 
                country participate in, facilitate, or condone such 
                violations of the freedom of the press; and
                    ``(B) what steps the government of each such 
                country has taken to preserve the safety and 
                independence of the media, and to ensure the 
                prosecution of those individuals who attack or murder 
                journalists.''.
    (c) Freedom of the Press Grant Program.--
            (1) In general.--The Secretary of State shall administer a 
        grant program with the aim of promoting freedom of the press 
        worldwide. The grant program shall be administered by the 
        Department of State's Bureau of Democracy, Human Rights and 
        Labor in consultation with the Undersecretary for Public 
        Affairs and Public Diplomacy.
            (2) Amounts and time.--Grants may be awarded to nonprofit 
        and international organizations and may span multiple years, up 
        to five years.
            (3) Purpose.--Grant proposals should promote and broaden 
        press freedoms by strengthening the independence of journalists 
        and media organizations, promoting a legal framework for 
        freedom of the press, or through providing regionally and 
        culturally relevant training and professionalization of skills 
        to meet international standards in both traditional and digital 
        media.
    (d) Media Organization Defined.--In this section, the term ``media 
organization'' means a group or organization that gathers and 
disseminates news and information to the public (through any medium of 
mass communication) in a foreign country in which the group or 
organization is located, except that the term does not include a group 
or organization that is primarily an agency or instrumentality of the 
government of such foreign country. The term includes an individual who 
is an agent or employee of such group or organization who acts within 
the scope of such agency or employment.
    (e) Authorization of Appropriations.--There is authorized to be 
appropriated such sums as may be necessary to carry out this section.

SEC. 1105. INFORMATION FOR COUNTRY COMMERCIAL GUIDES ON BUSINESS AND 
              INVESTMENT CLIMATES.

    (a) In General.--The Director General of the Foreign Commercial 
Service, in consultation with the Assistant Secretary of Commerce for 
Trade Promotion and the Assistant Secretary of State for Economic, 
Energy and Business Affairs, should ensure that the annual Country 
Commercial Guides for United States businesses include--
            (1) detailed assessments concerning each foreign country in 
        which acts of unfair business and investment practices or other 
        actions that have resulted in poor business and investment 
        climates were, in the opinion of the Director General of the 
        Foreign Commercial Service, of major significance;
            (2) all relevant information about such unfair business and 
        investment practices or other actions during the preceding year 
        by members of the business community, the judiciary, and the 
        government of such country which may have impeded United States 
        business or investment in such country, including the capacity 
        for United States citizens to operate their businesses without 
        fear of reprisals; and
            (3) information on--
                    (A) the extent to which the government of such 
                country is working to prevent unfair business and 
                investment practices; and
                    (B) the extent of United States Government action 
                to prevent unfair business and investment practices or 
                other actions that harm United States business or 
                investment interests in relevant cases in such country.
    (b) Additional Provisions To Be Included.--The information required 
under subsection (a) should, to the extent feasible, include--
            (1) with respect to paragraph (1) of such subsection--
                    (A) a review of the efforts undertaken by each 
                foreign country to promote a healthy business and 
                investment climate that is also conducive to the United 
                States business community and United States investors, 
                including, as appropriate, steps taken in international 
                fora;
                    (B) the response of the judicial and local 
                arbitration systems of each such country that is the 
                subject of such detailed assessment with respect to 
                matters relating to the business and investment 
                climates affecting United States citizens and entities, 
                or that have, in the opinion of the Director General of 
                the Foreign Commercial Service, a significant impact on 
                United States business and investment efforts; and
                    (C) each such country's access to the United States 
                market;
            (2) with respect to paragraph (2) of such subsection--
                    (A) any actions undertaken by the government of 
                each foreign country that prevent United States 
                citizens and businesses from receiving equitable 
                treatment;
                    (B) actions taken by private businesses and 
                citizens of each such country against members of the 
                United States business community and United States 
                investors;
                    (C) unfair decisions rendered by the legal systems 
                of each such country that clearly benefit State and 
                local corporations and industries; and
                    (D) unfair decisions rendered by local arbitration 
                panels of each such country that do not exemplify 
                objectivity and do not provide an equitable ground for 
                United States citizens and businesses to address their 
                disputes; and
            (3) with respect to paragraph (3) of such subsection, 
        actions taken by the United States Government to--
                    (A) promote the rule of law;
                    (B) prevent discriminatory treatment of United 
                States citizens and businesses engaged in business or 
                investment activities in each foreign country;
                    (C) allow United States goods to enter each such 
                country without requiring a co-production agreement; 
                and
                    (D) protect United States intellectual property 
                rights.
    (c) Consultation.--In carrying out this section, the Director 
General of the Foreign Commercial Service shall consult with business 
leaders, union leaders, representatives of the judicial system of each 
foreign country described in subsection (a), and relevant 
nongovernmental organizations.
    (d) Business and Investment Climate Warnings.--The Secretary of 
State, with the assistance of the Assistant Secretary of State for 
Economic, Energy and Business Affairs, as well as the Assistant 
Secretary of Commerce for Trade Promotion and the Director General of 
the Foreign Commercial Service, shall establish a warning system that 
effectively alerts United States businesses and investors of--
            (1) a significant deterioration in the business and 
        investment climate in a foreign country, including 
        discriminatory treatment of United States businesses; or
            (2) a significant constraint on the ability of the United 
        States Government to assist United States businesses and 
        investors in a foreign country, such as to the closure of a 
        United States diplomatic or consular mission, that is not 
        explained in the most recent Country Commercial Guide for such 
        country.
    (e) Definitions.--In this section:
            (1) Co-production agreement.--The term ``co-production 
        agreement'' means a United States Government or United States 
        business working with a foreign government, foreign company, or 
        an international organization to produce or manufacture an 
        item.
            (2) Rule of law.--The term ``rule of law'' means the extent 
        to which laws of a foreign country are publicly promulgated, 
        equally enforced, independently adjudicated, and are consistent 
        with international norms and standards.
            (3) Unfair business and investment practices.--The term 
        ``unfair business and investment practices'' includes any of 
        the following:
                    (A) Unlawful actions under international law or the 
                law of the foreign country taken by the government of 
                such country or by businesses, citizens, or other 
                entities of such country that have resulted in lost 
                assets, contracts, or otherwise contributed to an 
                inhospitable business or investment climate.
                    (B) Discriminatory treatment of United States 
                businesses, whether wholly or partially owned.
                    (C) Failure to protect intellectual property 
                rights.
                    (D) Requiring a co-production agreement in order 
                for goods from the United States to enter a foreign 
                country.

SEC. 1106. INTERNATIONAL PROTECTING GIRLS BY PREVENTING CHILD MARRIAGE.

    (a) Sense of Congress.--It is the sense of Congress that--
            (1) child marriage is a violation of human rights and the 
        prevention and elimination of child marriage should be a 
        foreign policy goal of the United States;
            (2) the practice of child marriage undermines United States 
        investments in foreign assistance to promote education and 
        skills building for girls, reduce maternal and child mortality, 
        reduce maternal illness, halt the transmission of HIV/AIDS, 
        prevent gender-based violence, and reduce poverty; and
            (3) expanding educational opportunities for girls, economic 
        opportunities for women, and reducing maternal and child 
        mortality are critical to achieving the Millennium Development 
        Goals and the global health and development objectives of the 
        United States, including efforts to prevent HIV/AIDS.
    (b) Strategy To Prevent Child Marriage in Developing Countries.--
            (1) Strategy required.--The President, acting through the 
        Secretary of State, shall establish a multi-year strategy to 
        prevent child marriage in developing countries and promote the 
        empowerment of girls at risk of child marriage in developing 
        countries, including by addressing the unique needs, 
        vulnerabilities, and potential of girls under 18 in developing 
        countries.
            (2) Consultation.--In establishing the strategy required by 
        paragraph (1), the President shall consult with Congress, 
        relevant Federal departments and agencies, multilateral 
        organizations, and representatives of civil society.
            (3) Elements.--The strategy required by paragraph (1) 
        shall--
                    (A) focus on areas in developing countries with 
                high prevalence of child marriage; and
                    (B) encompass diplomatic initiatives between the 
                United States and governments of developing countries, 
                with attention to human rights, legal reforms and the 
                rule of law, and programmatic initiatives in the areas 
                of education, health, income generation, changing 
                social norms, human rights, and democracy building.
            (4) Report.--Not later than 180 days after the date of the 
        enactment of this Act, the President shall transmit to Congress 
        a report that includes--
                    (A) the strategy required by paragraph (1);
                    (B) an assessment, including data disaggregated by 
                age and gender to the extent possible, of current 
                United States-funded efforts to specifically assist 
                girls in developing countries; and
                    (C) examples of best practices or programs to 
                prevent child marriage in developing countries that 
                could be replicated.
    (c) Research and Data Collection.--The Secretary of State shall 
work with relevant Federal departments and agencies as part of their 
ongoing research and data collection activities, to--
            (1) collect and make available data on the incidence of 
        child marriage in countries that receive foreign or development 
        assistance from the United States where the practice of child 
        marriage is prevalent; and
            (2) collect and make available data on the impact of the 
        incidence of child marriage and the age at marriage on progress 
        in meeting key development goals.
    (d) Department of State's Country Reports on Human Rights 
Practices.--The Foreign Assistance Act of 1961 is amended--
            (1) in section 116 (22 U.S.C. 2151n), by adding at the end 
        the following new subsection:
    ``(g) The report required by subsection (d) shall include for each 
country in which child marriage is prevalent at rates at or above 40 
percent in at least one sub-national region, a description of the 
status of the practice of child marriage in such country. In this 
subsection, the term `child marriage' means the marriage of a girl or 
boy, not yet the minimum age for marriage stipulated in law in the 
country in which such girl or boy is a resident.''; and
            (2) in section 502B (22 U.S.C. 2304), as amended by section 
        1106(b)(2) of this Act, is further amended by adding at the end 
        the following new subsection:
    ``(j) The report required by subsection (b) shall include for each 
country in which child marriage is prevalent at rates at or above 40 
percent in at least one sub-national region, a description of the 
status of the practice of child marriage in such country. In this 
subsection, the term `child marriage' means the marriage of a girl or 
boy, not yet the minimum age for marriage stipulated in law in the 
country in which such girl or boy is a resident.''.
    (e) Definition.--In this section, the term ``child marriage'' means 
the marriage of a girl or boy, not yet the minimum age for marriage 
stipulated in law in the country in which the girl or boy is a 
resident.
    (f) Authorization of Appropriations.--Of the amounts authorized to 
be appropriated pursuant to section 101 of this Act, there is 
authorized to be appropriated as such sums as necessary for fiscal 
years 2010 through 2011 to carry out this section and the amendments 
made by this section.

SEC. 1107. PROGRAM TO IMPROVE BUILDING CONSTRUCTION AND PRACTICES IN 
              HAITI.

    (a) In General.--The President, acting through the Administrator of 
the United States Agency for International Development, is authorized, 
under such terms and conditions as the President may determine, to 
carry out a program to improve the building construction codes and 
practices in Haiti.
    (b) Program Description.--The program shall be in the form of 
grants to, or contracts with, organizations to support the following 
activities:
            (1) Training.--Training of appropriate professionals in 
        Haiti from both the public and private sectors to enhance their 
        understanding of building and housing codes and standards.
            (2) Other assistance.--Offering other relevant assistance 
        as needed, such as helping government officials draft pertinent 
        legislation to implement building codes and practices that will 
        help improve the resistance of buildings and housing in Haiti 
        to hurricanes and other natural disasters.

SEC. 1108. LIMITATION ON ASSISTANCE TO THE PALESTINIAN AUTHORITY.

    (a) Amendment.--Section 620K of the Foreign Assistance Act of 1961 
(22 U.S.C. 2378b) is amended to read as follows:

``SEC. 620K. LIMITATION ON ASSISTANCE TO THE PALESTINIAN AUTHORITY.

    ``(a) Limitation.--Except as provided in subsection (e), assistance 
may be provided under this Act to the Palestinian Authority only during 
a period for which a certification described in subsection (b) is in 
effect.
    ``(b) Certification.--A certification described in this subsection 
is a certification transmitted by the President to Congress that 
contains a determination of the President that--
            ``(1) no ministry, agency, or instrumentality of the 
        Palestinian Authority is controlled by a foreign terrorist 
        organization and no member of a foreign terrorist organization 
        serves in a senior policy making position in a ministry, 
        agency, or instrumentality of the Palestinian Authority;
            ``(2) the Palestinian Authority has--
                    ``(A) publicly acknowledged Israel's right to exist 
                as a Jewish state; and
                    ``(B) recommitted itself and is adhering to all 
                previous agreements and understandings by the Palestine 
                Liberation Organization and the Palestinian Authority 
                with the Government of the United States, the 
                Government of Israel, and the international community, 
                including agreements and understandings pursuant to the 
                Performance-Based Roadmap to a Permanent Two-State 
                Solution to the Israeli-Palestinian Conflict (commonly 
                referred to as the `Roadmap'); and
            ``(3) the Palestinian Authority has taken effective steps 
        and made demonstrable progress toward--
                    ``(A) completing the process of purging from its 
                security services individuals with ties to terrorism;
                    ``(B) dismantling all terrorist infrastructure, 
                confiscating unauthorized weapons, arresting and 
                bringing terrorists to justice, destroying unauthorized 
                arms factories, thwarting and preempting terrorist 
                attacks, and fully cooperating with Israel's security 
                services;
                    ``(C) halting all anti-Israel incitement in 
                Palestinian Authority-controlled electronic and print 
                media and in schools, mosques, and other institutions 
                it controls, and replacing these materials, including 
                textbooks, with materials that promote tolerance, 
                peace, and coexistence with Israel;
                    ``(D) ensuring democracy, the rule of law, and an 
                independent judiciary, and adopting other reforms such 
                as ensuring transparent and accountable governance; and
                    ``(E) ensuring the financial transparency and 
                accountability of all government ministries and 
                operations.
    ``(c) Recertifications.--Not later than 90 days after the date on 
which the President transmits to Congress an initial certification 
under subsection (b), and every six months thereafter--
            ``(1) the President shall transmit to Congress a 
        recertification that the requirements contained in subsection 
        (b) are continuing to be met; or
            ``(2) if the President is unable to make such a 
        recertification, the President shall transmit to Congress a 
        report that contains the reasons therefor.
    ``(d) Congressional Notification.--Assistance made available under 
this Act to the Palestinian Authority may not be provided until 15 days 
after the date on which the President has provided notice thereof to 
the appropriate congressional committees in accordance with the 
procedures applicable to reprogramming notifications under section 
634A(a) of this Act.
    ``(e) Exception.--
            ``(1) Assistance to support the middle east peace 
        process.--Subsection (a) shall not apply with respect to 
        assistance to the Office of the President of the Palestinian 
        Authority for non-security expenses directly related to 
        facilitating a peaceful resolution of the Israeli-Palestinian 
        conflict if the President transmits to Congress a certification 
        that contains a determination of the President that--
                    ``(A) such assistance is critical to facilitating a 
                peaceful resolution of the Israeli-Palestinian 
                conflict;
                    ``(B) the President of the Palestinian Authority is 
                not a member of or affiliated with a foreign terrorist 
                organization and has rejected the use of terrorism to 
                resolve the Israeli-Palestinian conflict;
                    ``(C) such assistance will not be used to provide 
                funds to any individual who is a member of or 
                affiliated with a foreign terrorist organization or who 
                has not rejected the use of terrorism to resolve the 
                Israeli-Palestinian conflict; and
                    ``(D) such assistance will not be retransferred to 
                any other entity within or outside of the Palestinian 
                Authority.
            ``(2) Additional requirements.--Assistance described in 
        paragraph (1) may be provided only if the President--
                    ``(A) determines that the provision of such 
                assistance is important to the national security 
                interests of the United States; and
                    ``(B) not less than 30 days prior to the obligation 
                of amounts for the provision of such assistance--
                            ``(i) consults with the appropriate 
                        congressional committees regarding the specific 
                        programs, projects, and activities to be 
                        carried out using such assistance; and
                            ``(ii) submits to the appropriate 
                        congressional committees a written memorandum 
                        that contains the determination of the 
                        President under subparagraph (A).
    ``(f) Definitions.--In this section:
            ``(1) Appropriate congressional committees.--The term 
        `appropriate congressional committees' means--
                    ``(A) the Committee on Foreign Affairs and the 
                Committee on Appropriations of the House of 
                Representatives; and
                    ``(B) the Committee on Foreign Relations and the 
                Committee on Appropriations of the Senate.
            ``(2) Foreign terrorist organization.--The term `foreign 
        terrorist organization' means an organization designated as a 
        foreign terrorist organization by the Secretary of State in 
        accordance with section 219(a) of the Immigration and 
        Nationality Act (8 U.S.C. 1189(a)).
            ``(3) Palestinian authority.--The term `Palestinian 
        Authority' means the interim Palestinian administrative 
        organization that governs part of the West Bank and all of the 
        Gaza Strip (or any successor Palestinian governing entity), 
        including the Palestinian Legislative Council.''.
    (b) Applicability to Unexpended Funds.--Section 620K of the Foreign 
Assistance Act of 1961, as amended by subsection (a), applies with 
respect to unexpended funds obligated for assistance under the Foreign 
Assistance Act of 1961 to the Palestinian Authority before the date of 
the enactment of this Act.
    (c) Sense of Congress.--It is the sense of Congress that the 
President should be guided by the principles and procedures described 
in section 620K of the Foreign Assistance Act of 1961, as amended by 
subsection (a), in providing direct assistance to the Palestinian 
Authority under any provision of law other than the Foreign Assistance 
Act of 1961.

SEC. 1109. JORDAN CIVILIAN NUCLEAR COOPERATION AGREEMENT.

    (a) Findings.--Congress finds the following:
            (1) For many decades, the United States and Jordan have 
        maintained a strong and mutually supportive relationship on a 
        range of regional and international issues, especially the 
        creation of a moderate, prosperous, and stable Middle East. 
        Jordan's support for the Israeli-Palestinian peace process and 
        its efforts to halt Iran's nuclear weapons program have been 
        especially useful.
            (2) The importance of the relationship between the United 
        States and Jordan has increased in recent years with Jordan's 
        role as a vital United States ally in the effort to stabilize 
        Iraq and our strengthened military and intelligence 
        cooperation. Jordan has also demonstrated a long-standing 
        commitment to combating terror financing and implementing 
        effective export controls and customs enforcement mechanisms.
            (3) Jordan's assistance to efforts by the United States and 
        other countries to halt Iran's nuclear weapons program, its 
        safeguards agreement with the International Atomic Energy 
        Agency, its adherence to the Additional Protocol to that 
        safeguards agreement, and its agreement with the United States 
        to construct a modern storage facility for Jordan's nuclear 
        waste monitored in strict accordance with IAEA guidelines, has 
        demonstrated Jordan's commitment to nuclear nonproliferation, 
        including opposition to the enrichment and reprocessing of 
        nuclear materials that could be diverted to military uses.
            (4) Given Jordan's legitimate energy needs and its desire 
        to benefit from its large deposits of uranium, as well as the 
        potential for significant commercial opportunities for the 
        United States nuclear sector, a nuclear cooperation agreement 
        between the United States and Jordan would be of significant 
        benefit to both countries.
            (5) Given Jordan's long-established record as a reliable 
        ally of the United States, its efforts to combat terrorism, and 
        its commitment to promoting peace and stability with Israel and 
        throughout the region, a nuclear cooperation agreement between 
        it and the United States could serve as a model for similar 
        agreements with other countries throughout the Middle East.
    (b) Statement of Policy.--It shall be the policy of the United 
States to--
            (1) establish an agreement on peaceful nuclear cooperation 
        with Jordan pursuant to section 123 of the Atomic Energy Act of 
        1954; and
            (2) ensure that any United States-Jordan nuclear 
        cooperation agreement is based on whether Jordan has--
                    (A) developed and fully implemented an effective 
                export control regime;
                    (B) developed and fully implemented the necessary 
                legislative and functional actions to effectively 
                combat the logistical and financial networks that 
                support terrorist organizations;
                    (C) cooperated with the United States in 
                identifying, preventing, disrupting, and prosecuting 
                entities and individuals that assist Iran's procurement 
                of nuclear goods, services, or technology and entities 
                affiliated with the Iranian Revolutionary Guard Corps; 
                and
                    (D) permanently renounced the enrichment or 
                reprocessing of nuclear materials and has undertaken 
                all measures, including unrestricted inspection of its 
                facilities by the International Atomic Energy Agency, 
                that are necessary to ensure that no clandestine 
                programs exist.

SEC. 1110. UNITED STATES CONTRIBUTIONS TO THE INTERNATIONAL TRUST FUND 
              FOR DEMINING AND MINE VICTIMS ASSISTANCE.

    Of the amounts authorized to be appropriated for nonproliferation, 
anti-terrorism, demining and related programs and activities, there is 
authorized to be appropriated $12,000,000 for each of the fiscal years 
2010 and 2011 for United States contributions to the International 
Trust Fund for Demining and Mine Victims Assistance for the removal of 
landmines, mine victim assistance programs, mine risk education 
programs, and conventional weapons destruction.

SEC. 1111. TRANSFER OF LIQUIDATED ASSETS OF CERTAIN ENTERPRISE FUNDS TO 
              LEGACY INSTITUTIONS.

    (a) Transfer of Liquidated Assets.--
            (1) To legacy institutions.--The President, acting through 
        the Administrator of the United States Agency for International 
        Development, shall instruct each Enterprise Fund described in 
        subsection (b) to make available to the legacy institution of 
        the Enterprise Fund not more than 50 percent of all assets from 
        the liquidation, dissolution, or winding up of the Enterprise 
        Fund.
            (2) To u.s. treasury.--Not less than 50 percent of all 
        assets from the liquidation, dissolution, or winding up of the 
        Enterprise Fund shall be transferred to the Treasury of the 
        United States for purposes of payment on the public debt.
    (b) Enterprise Funds Described.--The Enterprise Funds described in 
this subsection are the following:
            (1) The U.S.-Russia Investment Fund and the Western Newly 
        Independent States Enterprise Fund established pursuant to 
        Section 498b(c) of the Foreign Assistance Act of 1961 (22 
        U.S.C. 2295b(c)).
            (2) The Albanian-American Enterprise Fund, the Baltic-
        American Enterprise Fund, the Czech and Slovak-American 
        Enterprise Fund (or Slovak-American Enterprise Fund), and the 
        Romanian-American Enterprise Fund established pursuant to 
        section 201 of the Support for East European Democracy (SEED) 
        Act of 1989 (22 U.S.C. 5421).
            (3) The South African Enterprise Development Fund 
        established pursuant to sections 496 and 635(b) of the Foreign 
        Assistance Act of 1961.
    (c) Oversight of Legacy Institutions.--Any legacy institution of an 
Enterprise Fund to which is transferred no more than 50 percent of all 
assets from the liquidation, dissolution, or winding up of the 
Enterprise Fund shall receive such assets only upon the approval of the 
Administrator of the United States Agency for International Development 
of appropriate and regular oversight procedures for the legacy 
institution, to include regular reports by the legacy institution 
regarding its programs and operations, expenditures for salary and 
travel costs, personnel appointment procedures and personnel benefits 
programs, and the value at the time of reporting of the assets held by 
the legacy institution.
    (d) Legacy Institution Defined.--For purposes of this section, the 
term ``legacy institution'' means a non-profit foundation established 
to carry out successor programs and activities in the country or 
countries for which an Enterprise Fund was established by the United 
States after that Enterprise Fund has agreed with the United States 
Agency for International Developments on the termination and winding up 
of its operations. The non-profit foundation shall have as its 
objectives the promotion of civil society, rule of law, democracy, 
transparency of governance, and economic reform in the country or 
countries for which the Enterprise Fund was established by the United 
States.

SEC. 1112. SENSE OF CONGRESS ON RESTRICTIONS ON RELIGIOUS FREEDOM IN 
              VIETNAM.

    (a) Findings.--Congress finds the following:
            (1) The Secretary of State, under the International 
        Religious Freedom Act of 1998 (22 U.S.C. 6401 et seq.) and 
        authority delegated by the President, designates nations found 
        guilty of ``particularly severe violations of religious 
        freedom'' as ``Countries of Particular Concern''.
            (2) In November 2006, the Secretary of State announced that 
        the Socialist Republic of Vietnam was no longer designated as a 
        ``Country of Particular Concern''.
            (3) The Unified Buddhist Church of Vietnam (UBCV), the Hoa 
        Hao Buddhists, and the Cao Dai groups continue to face 
        unwarranted abuses because of their attempts to organize 
        independently of the Government of Vietnam, including the 
        detention and imprisonment of individual members of these 
        religious communities.
            (4) Over the last 3 years, 18 Hoa Hao Buddhists have been 
        arrested for distributing sacred texts or publically protesting 
        the religious restrictions placed on them by the Government of 
        Vietnam, at least 12 remain in prison, including 4 sentenced in 
        2007 for staging a peaceful hunger strike.
            (5) At least 15 individuals are being detained in long term 
        house arrest for reasons relating to their faith, including the 
        most venerable Thich Quang Do and most of the leadership of the 
        UBCV.
            (6) According to Human Rights Watch, ``In April 2008 
        Montagnard Christian Y Ben Hdok was beaten to death while in 
        police custody in Dak Lak after other Montagards in his 
        district tried to flee to Cambodia to seek political asylum.''.
            (7) According to the United States Commission on 
        International Religious Freedom 2009 Annual Report, religious 
        freedom advocates and human rights defenders Nguyen Van Dai, Le 
        Thi Cong Nhan, and Fr. Thaddeus Nguyen Van Ly are in prison 
        under Article 88 of the Criminal Code of Vietnam and Fr. Nguyen 
        Van Loi is being held without official detention orders under 
        house arrest.
            (8) In February 2009, as many as 11 Montagnard Protestants 
        were detained for refusing to join the officially recognized 
        Southern Evangelical Church of Vietnam, and 2 still remain in 
        prison.
            (9) Since August 2008, the Government of Vietnam has 
        arrested and sentenced at least eight individuals and beaten, 
        tear-gassed, harassed, publicly slandered, and threatened 
        Catholics engaged in peaceful activities seeking the return of 
        Catholic Church properties confiscated by the Vietnamese 
        Government after 1954 in Hanoi, including in the Thai Ha 
        parish.
    (b) Sense of Congress.--It is the sense of Congress that--
            (1) the Secretary of State should place Vietnam on the list 
        of ``Countries of Particular Concern'' for particularly severe 
        violations of religious freedom; and
            (2) the Government of Vietnam should lift restrictions on 
        religious freedom and implement necessary legal and political 
        reforms to protect religious freedom.

SEC. 1113. SENSE OF CONGRESS ON HOLOCAUST-ERA PROPERTY RESTITUTION AND 
              COMPENSATION.

    It is the sense of Congress that--
            (1) countries in Central and Eastern Europe which have not 
        already done so--
                    (A) should return looted and confiscated properties 
                to their rightful owners or, where restitution is not 
                possible, pay equitable compensation to the rightful 
                owners, in accordance with principles of justice and in 
                a manner that is expeditious, transparent, and fair; 
                and
                    (B) should enact and implement appropriate 
                restitution and compensation laws to effectively 
                facilitate private, communal, and religious property 
                restitution in a manner that is expeditious, 
                transparent and fair; and
            (2) the Secretary of State should urge all governments of 
        countries whose domestic insurance companies have not done an 
        adequate job of settling Holocaust-era insurance policies and 
        disclosing the names of policy owners to enact and implement 
        necessary laws to resolve these remaining matters.

                           TITLE XII--ISRAEL

SEC. 1201. FOREIGN MILITARY FINANCING FOR ISRAEL.

    (a) Sense of Congress.--It is the sense of Congress that the United 
States should continue to support the August 2007 announcement that it 
would increase United States military assistance to Israel by $6 
billion through incremental $150 million annual increases in Foreign 
Military Financing to Israel, starting at $2.55 billion in fiscal year 
2009 and reaching $3.15 billion by 2013 through 2018.
    (b) Authorization of Appropriations.--There is authorized to be 
appropriated to the President for grant assistance to Israel under 
section 23 of the Arms Export Control Act (22 U.S.C. 2763; relating to 
the Foreign Military Financing Program) such sums as may be necessary 
for each of fiscal years 2010 and 2011.

SEC. 1202. SUPPORT TO ISRAEL FOR MISSILE DEFENSE.

    (a) Statement of Policy.--It shall be the policy of the United 
States to--
            (1) provide for deployment as soon as is technologically 
        possible of effective missile defense systems capable of 
        defending Israel and all member nations of the North Atlantic 
        Treaty Organization against ballistic missile attack from Iran, 
        Syria and other potential threats; and
            (2) fully resource and expand the ballistic missile defense 
        system of the United States to fully integrate with the 
        defenses of Israel to provide robust, layered protection 
        against ballistic missile, and medium and short range 
        projectile attack.
    (b) Authorization of Assistance.--Of the amounts authorized to be 
appropriated to carry out this Act, there are authorized to be 
appropriated such sums as may be necessary for co-development of joint 
ballistic missile, medium and short-range projectile defense projects 
with Israel, including--
            (1) complete accelerated co-production of Arrow missiles 
        and continued integration with the ballistic missile defense 
        system of the United States;
            (2) system development of the Missile Defense Agency and 
        Israel Missile Defense Organization joint program to develop a 
        short-range ballistic missile defense capability, David's Sling 
        weapon system, and integrate the weapon system with the 
        ballistic missile defense system and force protection efforts 
        of the United States; and
            (3) research, development, and test and evaluation of the 
        Iron Dome short-range projectile defense system.
    (c) Report and Strategy.--
            (1) Requirement.--Not later than 180 days after the date of 
        the enactment of this Act, and annually thereafter in 
        connection with the submission of congressional presentation 
        materials for the foreign operations appropriations and defense 
        appropriations budget request, the Secretary of State, in 
        consultation with the Secretary of Defense, shall submit to the 
        appropriate congressional committees a report regarding the 
        activities authorized under subsection (b)(1).
            (2) Classified annex.--The report required under paragraph 
        (1) shall be submitted in unclassified form to the maximum 
        extent practicable, but may include a classified annex, if 
        necessary.
            (3) Definition of appropriate congressional committees.--In 
        this subsection, the term ``appropriate congressional 
        committees'' means--
                    (A) the Committee on Foreign Affairs and the 
                Committee on Armed Services of the House of 
                Representatives; and
                    (B) the Committee on Foreign Relations and the 
                Committee on Armed Services in the Senate.

SEC. 1203. UNITED STATES-ISRAEL CIVILIAN NUCLEAR COOPERATION AGREEMENT.

    (a) Findings.--Congress finds the following:
            (1) The United States and Israel are robust democracies, 
        with a deeply rooted alliance that is based on a shared 
        commitment to freedom, the promotion of human rights and 
        dignity, and the determination to secure a just and lasting 
        peace in the Middle East.
            (2) The cooperation between the United States and Israel on 
        political, military, intelligence, and economic matters is 
        among the strongest of all of United States allies.
            (3) Israel's economic well-being and security require a 
        guaranteed source of energy, which can be supplied through the 
        use of peaceful nuclear power. Israel's role as a key ally in 
        the Middle East ensures that the United States will have a 
        strong and continuing interest in enhancing that well-being and 
        security.
    (b) Statement of Policy.--It shall be the policy of the United 
States to secure an agreement on peaceful nuclear cooperation with 
Israel pursuant to section 123 of the Atomic Energy Act of 1954.

SEC. 1204. UNITED STATES SUPPORT FOR ISRAEL IN THE ORGANIZATION FOR 
              ECONOMIC COOPERATION AND DEVELOPMENT.

    It shall be the policy of the United States to support and advocate 
for Israel's accession to the OECD, including through coordination of 
efforts with other countries supportive of Israel's membership in the 
OECD.

SEC. 1205. RECOGNITION OF JERUSALEM AS THE CAPITAL OF THE STATE OF 
              ISRAEL AND RELOCATION OF THE UNITED STATES EMBASSY TO 
              JERUSALEM.

    (a) Sense of Congress.--It is the sense of Congress that--
            (1) Jerusalem must remain an undivided city in which the 
        rights of every ethnic and religious group are protected as 
        they have been by Israel since 1967;
            (2) the President and the Secretary of State should 
        publicly affirm as a matter of United States policy that 
        Jerusalem must remain the undivided capital of the State of 
        Israel;
            (3) the President should immediately implement the 
        provisions of Jerusalem Embassy Act of 1995 (Public Law 104-45) 
        and begin the process of relocating the United States Embassy 
        in Israel to Jerusalem; and
            (4) United States officials should refrain from any actions 
        that contradict United States law on this subject.
    (b) Removal of Waiver Authority.--The Jerusalem Embassy Act of 1995 
(Public Law 104-45) is amended--
            (1) by striking section 7; and
            (2) by redesignating section 8 as section 7.
    (c) Identification of Jerusalem on Government Documents.--
Notwithstanding any other provision of law, any official document of 
the United States Government which lists countries and their capital 
cities shall identify Jerusalem as the capital of Israel.
    (d) Timetable.--
            (1) Statement of policy.--It is the policy of the United 
        States that the United States Embassy in Israel should be 
        established in Jerusalem as soon as possible, and not later 
        than January 1, 2012.
            (2) Opening determination.--Not more than 50 percent of the 
        funds appropriated to the Department of State for fiscal year 
        2012 for ``Acquisition and Maintenance of Buildings Abroad'' 
        may be obligated until the Secretary of State determines and 
        reports to Congress that the United States Embassy in Jerusalem 
        has officially opened.
    (e) Fiscal Years 2010 and 2011 Funding.--
            (1) Fiscal year 2010.--Of the funds authorized to be 
        appropriated for ``Acquisition and Maintenance of Buildings 
        Abroad'' for the Department of State for fiscal year 2010, such 
        sums as may be necessary should be made available until 
        expended only for construction and other costs associated with 
        the establishment of the United States Embassy in Israel in the 
        capital of Jerusalem.
            (2) Fiscal year 2011.--Of the funds authorized to be 
        appropriated for ``Acquisition and Maintenance of Buildings 
        Abroad'' for the Department of State for fiscal year 2011, such 
        sums as may be necessary should be made available until 
        expended only for construction and other costs associated with 
        the establishment of the United States Embassy in Israel in the 
        capital of Jerusalem.
    (f) Definition.--As used in this Act, the term ``United States 
Embassy'' means the offices of the United States diplomatic mission and 
the residence of the United States chief of mission.

              TITLE XIII--IRAN REFINED PETROLEUM SANCTIONS

SEC. 1301. SHORT TITLE.

    This title may be cited as the ``Iran Refined Petroleum Sanctions 
Act of 2009''.

SEC. 1302. AMENDMENTS TO THE IRAN SANCTIONS ACT OF 1996.

    (a) Expansion of Sanctions.--Section 5(a) of the Iran Sanctions Act 
of 1996 (50 U.S.C. 1701 note) is amended to read as follows:
    ``(a) Sanctions With Respect to the Development of Petroleum 
Resources of Iran and Exportation of Refined Petroleum to Iran.--
            ``(1) Development of petroleum resources of iran.--
                    ``(A) Investment.--Except as provided in subsection 
                (f), the President shall impose 2 or more of the 
                sanctions described in paragraphs (1) through (6) of 
                section 6(a) if the President determines that a person 
                has, with actual knowledge, on or after the date of the 
                enactment of this Act, made an investment of 
                $20,000,000 or more (or any combination of investments 
                of at least $5,000,000 each, which in the aggregate 
                equals or exceeds $20,000,000 in any 12-month period), 
                that directly and significantly contributed to the 
                enhancement of Iran's ability to develop petroleum 
                resources of Iran.
                    ``(B) Production of refined petroleum resources.--
                Except as provided in subsection (f), the President 
                shall impose the sanctions described in section 6(b) 
                (in addition to any sanctions imposed under 
                subparagraph (A)) if the President determines that a 
                person has, with actual knowledge, on or after the date 
                of the enactment of the Iran Refined Petroleum 
                Sanctions Act of 2009, sold, leased, or provided to 
                Iran any goods, services, technology, information, or 
                support that would allow Iran to maintain or expand its 
                domestic production of refined petroleum resources, 
                including any assistance in refinery construction, 
                modernization, or repair.
            ``(2) Exportation of refined petroleum resources to iran.--
        Except as provided in subsection (f), the President shall 
        impose the sanctions described in section 6(b) if the President 
        determines that a person has, with actual knowledge, on or 
        after the date of the enactment of the Iran Refined Petroleum 
        Sanctions Act of 2009, provided Iran with refined petroleum 
        resources or engaged in any activity that could contribute to 
        the enhancement of Iran's ability to import refined petroleum 
        resources, including--
                    ``(A) providing ships or shipping services to 
                deliver refined petroleum resources to Iran;
                    ``(B) underwriting or otherwise providing insurance 
                or reinsurance for such activity; or
                    ``(C) financing or brokering such activity.''.
    (b) Description of Sanctions.--Section 6 of such Act is amended--
            (1) by striking ``The sanctions to be imposed on a 
        sanctioned person under section 5 are as follows:'' and 
        inserting the following:
    ``(a) In General.--The sanctions to be imposed on a sanctioned 
person under subsections (a)(1)(A) and (b) of section 5 are as 
follows:''; and
            (2) by adding at the end the following:
    ``(b) Additional Sanctions.--The sanctions to be imposed on a 
sanctioned person under paragraphs (1)(B) and (2) of section 5(a) are 
as follows:
            ``(1) Foreign exchange.--The President shall, under such 
        regulations as the President may prescribe, prohibit any 
        transactions in foreign exchange by the sanctioned person.
            ``(2) Banking transactions.--The President shall, under 
        such regulations as the President may prescribe, prohibit any 
        transfers of credit or payments between, by, through, or to any 
        financial institution, to the extent that such transfers or 
        payments involve any interest of the sanctioned person.
            ``(3) Property transactions.--The President shall, under 
        such regulations as the President may prescribe, prohibit any 
        acquisition, holding, withholding, use, transfer, withdrawal, 
        transportation, importation, or exportation of, dealing in, or 
        exercising any right, power, or privilege with respect to, or 
        transactions involving, any property in which the sanctioned 
        person has any interest by any person, or with respect to any 
        property, subject to the jurisdiction of the United States.''.
    (c) Presidential Waiver.--Section 9(c)(2) of such Act is amended by 
amending subparagraph (C) to read as follows:
                    ``(C) an estimate of the significance of the 
                provision of the items described in paragraph (1) or 
                (2) of section 5(a) or section 5(b) to Iran's ability 
                to develop its petroleum resources, to maintain or 
                expand its domestic production of refined petroleum 
                resources, to import refined petroleum resources, or to 
                develop its weapons of mass destruction or other 
                military capabilities (as the case may be); and''.
    (d) Strengthening of Waiver Authority and Sanctions 
Implementation.--
            (1) Investigations.--Section 4(f) of the Iran Sanctions Act 
        of 1996 (50 U.S.C. 1701 note) is amended--
                    (A) in paragraph (1)--
                            (i) by striking ``should initiate'' and 
                        inserting ``shall immediately initiate'';
                            (ii) by inserting ``or 5(b)'' after 
                        ``section 5(a)''; and
                            (iii) by striking ``as described in such 
                        section'' and inserting ``as described in 
                        section 5(a)(1) or other activity described in 
                        section 5(a)(2) or 5(b) (as the case may be)'';
                    (B) in paragraph (2), by striking ``, pursuant to 
                section 5(a), if a person has engaged in investment 
                activity in Iran as described in such section'' and 
                inserting ``, pursuant to section 5(a) or (b) (as the 
                case may be), if a person has engaged in investment 
                activity in Iran as described in section 5(a)(1) or 
                other activity described in section 5(a)(2) or 5(b) (as 
                the case may be)''; and
                    (C) by adding at the end the following new 
                paragraph:
            ``(3) Definition of credible information.--For the purposes 
        of this subsection, the term `credible information' means 
        public or classified information or reporting supported by 
        other substantiating evidence.''.
            (2) Exception for proliferation security initiative.--
        Section 5(f) of the Iran Sanctions Act of 1996 (50 U.S.C. 1701 
        note) is amended--
                    (A) in paragraph (6), by striking ``or'' at the 
                end;
                    (B) in paragraph (7), by striking the period at the 
                end and inserting ``; or''; and
                    (C) by adding at the end the following new 
                paragraph:
            ``(8) if the President determines in writing that the 
        person to which the sanctions would otherwise be applied is--
                    ``(A) a citizen or resident of a country that is a 
                participant in the Proliferation Security Initiative; 
                or
                    ``(B) a foreign person that is organized under the 
                laws of a country described in subparagraph (A) and is 
                a subsidiary of a United States person.''.
            (3) General waiver authority.--Section 9(c)(1) of the Iran 
        Sanctions Act of 1996 (50 U.S.C. 1701 note) is amended by 
        striking ``important to the national interest of the United 
        States'' and inserting ``vital to the national security 
        interest of the United States''.
            (4) Rule of construction.--The amendments made by this 
        subsection shall not be construed to affect any exercise of the 
        authority of section 4(f) or section 9(c) of the Iran Sanctions 
        Act of 1996 as in effect on the day before the date of the 
        enactment of this Act.
    (e) Reports on United States Efforts To Curtail Certain Business 
Transactions Relating to Iran.--Section 10 of such Act is amended by 
adding at the end the following:
    ``(d) Reports on Certain Business Transactions Relating to Iran.--
            ``(1) In general.--Not later than 90 days after the date of 
        the enactment of the Iran Refined Petroleum Sanctions Act of 
        2009, and every 6 months thereafter, the President shall submit 
        a report to the appropriate congressional committees regarding 
        any person who has--
                    ``(A) provided Iran with refined petroleum 
                resources;
                    ``(B) sold, leased, or provided to Iran any goods, 
                services, or technology that would allow Iran to 
                maintain or expand its domestic production of refined 
                petroleum resources; or
                    ``(C) engaged in any activity that could contribute 
                to the enhancement of Iran's ability to import refined 
                petroleum resources.
            ``(2) Description.--For each activity set forth in 
        subparagraphs (A) through (C) of paragraph (1), the President 
        shall provide a complete and detailed description of such 
        activity, including--
                    ``(A) the date or dates of such activity;
                    ``(B) the name of any persons who participated or 
                invested in or facilitated such activity;
                    ``(C) the United States domiciliary of the persons 
                referred to in subparagraph (B);
                    ``(D) any Federal Government contracts to which the 
                persons referred to in subparagraph (B) are parties; 
                and
                    ``(E) the steps taken by the United States to 
                respond to such activity.
            ``(3) Form of reports; publication.--The reports required 
        under this subsection shall be--
                    ``(A) submitted in unclassified form, but may 
                contain a classified annex; and
                    ``(B) published in the Federal Register.''.
    (f) Clarification and Expansion of Definitions.--Section 14 of such 
Act is amended--
            (1) in paragraph (13)(B)--
                    (A) by inserting ``financial institution, insurer, 
                underwriter, guarantor, any other business 
                organization, including any foreign subsidiary, parent, 
                or affiliate of such a business organization,'' after 
                ``trust,''; and
                    (B) by inserting ``, such as an export credit 
                agency'' before the semicolon at the end; and
            (2) by amending paragraph (14) to read as follows:
            ``(14) Petroleum resources.--
                    ``(A) In general.--The term `petroleum resources' 
                includes petroleum, petroleum by-products, oil or 
                liquefied natural gas, oil or liquefied natural gas 
                tankers, and products used to construct or maintain 
                pipelines used to transport oil or compressed or 
                liquefied natural gas.
                    ``(B) Petroleum by-products.--The term `petroleum 
                by-products' means gasoline, kerosene, distillates, 
                propane or butane gas, diesel fuel, residual fuel oil, 
                and other goods classified in headings 2709 and 2710 of 
                the Harmonized Tariff Schedule of the United States.''.
    (g) Conforming Amendments.--
            (1) Multilateral regime.--Section 4 of such Act is 
        amended--
                    (A) in subsection (b)(2), by striking ``(in 
                addition to that provided in subsection (d))''; and
                    (B) by striking subsection (d) and redesignating 
                subsections (e) and (f) as subsections (d) and (e), 
                respectively.
            (2) Impositions of sanctions.--Section 5(b) of such Act is 
        amended by striking ``section 6'' and inserting ``section 
        6(a)''.

   TITLE XIV--LIMITATION ON NUCLEAR COOPERATION WITH THE UNITED ARAB 
                                EMIRATES

SEC. 1401. SHORT TITLE.

    This title may be cited as the ``Limitation on Nuclear Cooperation 
with the United Arab Emirates Act of 2009''.

SEC. 1402. DEFINITIONS.

    In this title:
            (1) Government of the united arab emirates.--
                    (A) In general.--The term ``Government of the 
                United Arab Emirates'' includes the government of any 
                subdivision of the United Arab Emirates, and any agency 
                or instrumentality of the Government of the United Arab 
                Emirates.
                    (B) Agency or instrumentality.--For purposes of 
                subparagraph (A), the term ``agency or instrumentality 
                of the Government of the United Arab Emirates'' means 
                an agency or instrumentality of a foreign state as 
                defined in section 1603(b) of title 28, United States 
                Code, with each reference in such section to ``a 
                foreign state'' deemed to be a reference to ``the 
                United Arab Emirates''.
            (2) Government of iran.--
                    (A) In general.--The term ``Government of Iran'' 
                includes the government of any subdivision of Iran, and 
                any agency or instrumentality of the Government of 
                Iran.
                    (B) Agency or instrumentality.--For purposes of 
                subparagraph (A), the term ``agency or instrumentality 
                of the Government of Iran'' means an agency or 
                instrumentality of a foreign state as defined in 
                section 1603(b) of title 28, United States Code, with 
                each reference in such section to ``a foreign state'' 
                deemed to be a reference to ``Iran''.
            (3) National of the united arab emirates.--The term 
        ``national of the United Arab Emirates'' means--
                    (A) any citizen of the United Arab Emirates; or
                    (B) any other legal entity that is organized under 
                the laws of the United Arab Emirates.
            (4) National of iran.--The term ``national of Iran'' 
        means--
                    (A) any citizen of Iran; or
                    (B) any other legal entity that is organized under 
                the laws of Iran.

SEC. 1403. RESTRICTION ON NUCLEAR COOPERATION WITH THE UNITED ARAB 
              EMIRATES.

    (a) Restriction on Nuclear Cooperation Agreement.--Notwithstanding 
any other provision of law or any international agreement, no agreement 
for cooperation between the United States of America and the United 
Arab Emirates pursuant to section 123 of the Atomic Energy Act of 1954 
(42 U.S.C. 2153) may enter into force on or after the date of the 
enactment of this Act unless not less than 30 legislative days prior to 
such entry into force the President certifies to the appropriate 
congressional committees that the requirements of subsection (c) have 
been met.
    (b) Restriction on Exports of Nuclear Material, Equipment, or 
Technology.--No license may be issued for the export of nuclear 
material, equipment, or technology to the United Arab Emirates pursuant 
to an agreement for cooperation between the United States of America 
and the United Arab Emirates pursuant to section 123 of the Atomic 
Energy Act of 1954 (42 U.S.C. 2153) for any fiscal year beginning after 
the date of the enactment of this Act unless not less than 30 
legislative days prior to the issuance of such license the President 
certifies to the appropriate congressional committees for such fiscal 
year that the requirements of subsection (c) have been met.
    (c) Requirements.--The requirements referred to in this subsection 
are the following:
            (1) The Government of the United Arab Emirates has taken, 
        and is continuing to take, effective actions to prohibit, 
        terminate, and prevent the transfer of goods, services, or 
        technology to the Government of Iran, including fully 
        implementing United Nations Security Council sanctions against 
        Iran.
            (2) For the preceding 12-month period--
                    (A) there has been no cooperation with respect to 
                any activity described in paragraph (1) between the 
                Government of the United Arab Emirates and the 
                Government of Iran, any national of Iran, or any 
                Iranian-controlled entity based on all credible 
                information available to the United States at the time 
                of the certification;
                    (B)(i) there has been no cooperation with respect 
                to any activity described in paragraph (1) between any 
                national of the United Arab Emirates and the Government 
                of Iran, any national of Iran, or any Iranian-
                controlled entity based on all credible information 
                available to the United States at the time of the 
                certification; or
                    (ii) the Government of the United Arab Emirates 
                has--
                            (I) terminated all cooperation between any 
                        such United Arab Emirates national and the 
                        Government of Iran, any such Iranian national, 
                        or any such Iranian-controlled entity;
                            (II) instituted effective measures to 
                        prevent a reoccurrence of any such cooperation; 
                        and
                            (III) prosecuted any such United Arab 
                        Emirates national; and
                    (C) the Government of the United Arab Emirates has 
                not engaged in or condoned activities that violate--
                            (i) the Iran Sanctions Act of 1996, 
                        including Executive Orders 12957, 12959, 13059 
                        and other executive orders issued pursuant to 
                        such Act;
                            (ii) the Iran, North Korea, and Syria 
                        Nonproliferation Act; and
                            (iii) other provisions of applicable United 
                        States law.
            (3) The Government of the United Arab Emirates--
                    (A) has developed and fully implemented an export 
                control regime in accordance with international 
                standards;
                    (B) has developed and implemented the appropriate 
                or necessary legislative and functional actions to 
                target the logistical and financial networks that 
                support terrorist organizations; and
                    (C) has cooperated with the United States in 
                identifying, preventing, disrupting and, where 
                appropriate, prosecuting entities and individuals that 
                assist Iran's procurement of goods, services, or 
                technology, and entities affiliated with the Iranian 
                Revolutionary Guard Corps.
    (d) Goods, Services, or Technology Defined.--
            (1) In general.--Except as provided in paragraph (2), in 
        this section, the term ``goods, services, or technology'' 
        means--
                    (A) goods, services, or technology listed on--
                            (i)(I) the Nuclear Suppliers Group 
                        Guidelines for the Export of Nuclear Material, 
                        Equipment and Technology (published by the 
                        International Atomic Energy Agency as 
                        Information Circular INFCIRC/254/Rev. 8/Part 1, 
                        and subsequent revisions) and Guidelines for 
                        Transfers of Nuclear-Related Dual-Use 
                        Equipment, Material, and Related Technology 
                        (published by the International Atomic Energy 
                        Agency as Information Circular INFCIRC/254/Rev. 
                        7/Part 2, and subsequent revisions);
                            (II) the Missile Technology Control Regime 
                        Equipment and Technology Annex of June 11, 
                        1996, and subsequent revisions;
                            (III) the lists of items and substances 
                        relating to biological and chemical weapons the 
                        export of which is controlled by the Australia 
                        Group;
                            (IV) the Schedule One or Schedule Two list 
                        of toxic chemicals and precursors the export of 
                        which is controlled pursuant to the Convention 
                        on the Prohibition of the Development, 
                        Production, Stockpiling and Use of Chemical 
                        Weapons and on Their Destruction;
                            (V) the Wassenaar Arrangement list of Dual 
                        Use Goods and Technologies and Munitions list 
                        of July 12, 1996, and subsequent revisions;
                            (VI) the United States Munitions List under 
                        section 38 of the Arms Export Control Act (22 
                        U.S.C. 2778) for which special export controls 
                        are warranted under such Act (22 U.S.C. 2751 et 
                        seq.); or
                            (VII) the Commerce Control List maintained 
                        under part 774 of title 15, Code of Federal 
                        Regulations; or
                    (B) goods, services, or technology not listed on 
                any list identified in subparagraph (A) but which 
                nevertheless would be, if they were United States 
                goods, services, or technology, prohibited for export 
                to Iran because of their potential to make a material 
                contribution to the development of nuclear, biological, 
                or chemical weapons, or of ballistic or cruise missile 
                systems.
            (2) Exclusion.--The term ``goods, services, or technology'' 
        does not include goods, services, or technology that are 
        directly related to the operation of the Bushehr nuclear power 
        reactor.

              TITLE XV--HOLOCAUST INSURANCE ACCOUNTABILITY

SEC. 1601. SHORT TITLE.

    This title may be cited as the ``Holocaust Insurance Accountability 
Act of 2009''.

SEC. 1602. VALIDITY OF STATE LAWS.

    (a) Validity of Laws Creating Cause of Action.--Any State law 
creating a cause of action against any insurer or related company based 
on a claim arising out of or related to a covered policy shall not be 
invalid or preempted by reason of any Executive agreement between the 
United States and any foreign country.
    (b) Validity of Laws Requiring Disclosure of Information.--Any 
State law that is enacted on or after March 1, 1998, and that requires 
an insurer doing business in that State, including any related company, 
to disclose information regarding any covered policy shall be deemed to 
be in effect on the date of the enactment of such law and shall not be 
invalid or preempted by reason of any Executive agreement between the 
United States and any foreign country.
    (c) Waiver.--The President may waive the application of subsection 
(a) or (b) with respect to any Executive agreement that is entered into 
between the United States and a foreign country on or after the date of 
the enactment of this Act and that involves covered policies if, not 
later than 30 legislative days before the signing of the Executive 
agreement--
            (1) the President determines that the Executive agreement 
        is vital to the national security interests of the United 
        States; and
            (2) the President provides to the appropriate congressional 
        committees a report explaining the reasons for such 
        determination.
    (d) Statements of Interest.--No funds may be used by the Department 
of State, or any other department or agency of the United States, for 
the purpose of issuing a statement of interest seeking to encourage a 
court in the United States to dismiss any claim brought to recover 
compensation arising out of or related to a covered policy.
    (e) Statute of Limitations.--No court may dismiss a claim that is 
brought under a State law described in subsection (a) or (b) within 10 
years after the date of the enactment of this Act on the ground that 
the claim is barred under any statute of limitations.

SEC. 1603. APPLICABILITY.

    This title shall apply to any claim that is brought, before, on, or 
after the date of the enactment of this Act, under a State law 
described in subsection (a) or (b), including--
            (1) any claim dismissed, before the date of the enactment 
        of this Act, on the ground of executive preemption; and
            (2) any claim that is deemed released as a result of the 
        settlement of a class action that was entered into before the 
        date of the enactment of this title, if the claimant did not 
        receive any payment pursuant to the settlement.

SEC. 1604. DEFINITIONS.

    In this title:
            (1) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means the Committee on 
        Foreign Affairs in the House of Representatives, the Committee 
        on Foreign Relations in the Senate, and the Committees on the 
        Judiciary of the House of Representatives and the Senate.
            (2) Covered policy.--
                    (A) In general.--The term ``covered policy'' means 
                any life, dowry, education, property, or other 
                insurance policy that--
                            (i) was in effect at any time after January 
                        30, 1933, and before December 31, 1945; and
                            (ii) was issued to a policyholder domiciled 
                        in any area that was occupied or controlled by 
                        Nazi Germany.
                    (B) Nazi germany.--In this paragraph, the term 
                ``Nazi Germany'' means--
                            (i) the Nazi government of Germany; and
                            (ii) any government in any area occupied by 
                        the military forces of the Nazi government of 
                        Germany.
            (3) Insurer.--The term ``insurer'' means any person engaged 
        in the business of insurance (including reinsurance) in 
        interstate or foreign commerce, if the person issued a covered 
        policy, or a successor in interest to such person.
            (4) Legislative days.--The term ``legislative days'' means 
        those days on which both Houses of Congress are in session.
            (5) Related company.--The term ``related company'' means an 
        affiliate, as that term is defined in section 104(g) of the 
        Gramm-Leach-Bliley Act (15 U.S.C. 6701(g)).

            TITLE XVI--BELARUS ARMS TRANSFERS ACCOUNTABILITY

SEC. 1701. SHORT TITLE.

    This title may be cited as the ``Belarus Arms Transfers 
Accountability Act of 2009''.

SEC. 1702. SENSE OF CONGRESS.

    It is the sense of Congress that--
            (1) the Secretary of State should take into consideration 
        the continuing reports of arms sales by Belarus to state 
        sponsors of terrorism and states that do not fully cooperate 
        with the United States in its anti-terrorism efforts, as well 
        as any information gathered in the process of drafting the 
        report to the appropriate congressional committees required 
        under this title, and carefully consider whether the imposition 
        of existing terrorism and nonproliferation sanctions would be 
        appropriate to deter any such arms sales by Belarus; and
            (2) any use by Iran of civilian nuclear cooperation 
        agreements with other countries as a means to proliferate 
        weapons technology and expertise to countries such as 
        Venezuela, either directly or by means of arrangements with 
        Belarus or other countries would not be in the interest of the 
        United States.

SEC. 1703. REPORT.

    (a) In General.--Not later than 90 days after the date of the 
enactment of this Act, and on annual basis thereafter, the Secretary of 
State shall transmit to the appropriate congressional committees a 
report that describes, with respect to the preceding 12-month period, 
the following:
            (1) The scale and modalities of exports of weapons and 
        related services by the Government of Belarus and Belarusian 
        enterprises, including revenues flows, and the potential role 
        of the government and enterprise of the Russian Federation in 
        such exports and revenues.
            (2) The status of the stockpiles of weapons inherited by 
        Belarus from the former Soviet regime, including a 
        determination as to the role such stockpiles may continue to 
        play in the export of weapons by Belarus, and an assessment of 
        the capability of Belarusian enterprises to manufacture 
        conventional and advanced weaponry and provide services for 
        such sales.
            (3) A determination as to whether civilian nuclear 
        cooperation agreements and activities involving Iran, Belarus, 
        or Venezuela are being used as a means to proliferate nuclear 
        arms technology and expertise.
            (4) The sale or delivery of weapons or weapons-related 
        technologies from Belarus to any country that is designated as 
        a state sponsor of terrorism or not fully cooperating with 
        United States antiterrorism efforts for purposes of section 40A 
        of the Arms Export Control Act, including Venezuela.
    (b) Form.--The report shall be in an unclassified form but may 
include a classified annex.

SEC. 1704. STATE SPONSOR OF TERRORISM DEFINED.

    In this title, the term ``state sponsor of terrorism'' means a 
country the government of which the Secretary of State has determined, 
for purposes of section 6(j) of the Export Administration Act of 1979, 
section 620A of the Foreign Assistance Act of 1961, section 40 of the 
Arms Export Control Act, or any other provision of law, to be a 
government that has repeatedly provided support for acts of 
international terrorism.

     TITLE XVII--ASIA-PACIFIC ECONOMIC COOPERATION FORUM ENGAGEMENT

SEC. 1801. ASIA-PACIFIC ECONOMIC COOPERATION.

    (a) Sense of Congress.--It is the sense of Congress that--
            (1) the United States continued engagement in Asia must be 
        a cornerstone of United States foreign policy in the 21st 
        Century;
            (2) the President must elevate the role of the United 
        States in the Asia-Pacific Economic Cooperation forum (APEC) by 
        ensuring that United States Government officials of the 
        appropriate rank attend APEC activities; and
            (3) increased participation by United States small 
        businesses, particularly manufacturers, will add substantial 
        benefit to APEC discussions and help strengthen the influence 
        of the United States within APEC.
    (b) Small Business Defined.--In this section, the term ``small 
business'' shall have the meaning given the term ``small business 
concern'' in section 410(9) of the Small Business Investment Act of 
1958 (15 U.S.C. 694a(9)).
    (c) United States Participation at APEC.--
            (1) Designation of apec coordinators.--The President shall 
        designate in appropriate departments and agencies an existing 
        official compensated at a rate of basic pay not less than the 
        minimum rate of basic pay payable to a member of the Senior 
        Executive Service to serve as each such department's or 
        agency's ``APEC Coordinator''.
            (2) Duties of apec coordinators.--
                    (A) In general.--The APEC Coordinators of the 
                appropriate departments and agencies designated in 
                accordance with paragraph (1) shall, in consultation 
                with the United States Ambassador to APEC, set 
                department- and agency-wide guidelines for each such 
                department's or agency's participation at APEC.
                    (B) Report.--Each APEC Coordinator shall annually 
                submit to the appropriate congressional committees a 
                report on efforts to enhance each department's and 
                agency's participation at APEC.
    (d) Enhancing Small Business Participation at APEC.--
            (1) Designation of small business liaison.--The Secretary 
        of State shall designate an existing officer within the Bureau 
        of East Asian and Pacific Affairs to serve as a ``Small 
        Business Liaison''. Such designated officer is authorized to be 
        compensated at a rate of basic pay not less than the minimum 
        rate of basic pay payable to an individual at GS-14 of the 
        General Schedule or FS-02 of the Foreign Service Schedule.
            (2) Department of state website.--The Secretary of State 
        shall post on the website of the Department of State a 
        dedicated page for United States small businesses to facilitate 
        direct communication between the United States Government and 
        the business community concerning APEC.
            (3) Coordination.--The Secretary of State shall coordinate 
        with existing private sector partners and relevant business 
        associations to promote participation by small businesses at 
        APEC. The Secretary shall ensure that notices about meetings 
        and briefings provided by United States APEC officials on APEC-
        related issues are posted on the website of the Department of 
        State (in accordance with paragraph (2)) not later than 15 days 
        before the dates of such meetings and briefings.
            (4) Renaming.--The Office of Economic Policy within the 
        Bureau of East Asian and Pacific Affairs of the Department of 
        State shall be referred to as the ``Office of APEC Affairs''. 
        Any reference in a law, map, regulation, document, paper, or 
        other record of the United States to the Office of Economic 
        Policy shall be deemed to be a reference to the Office of APEC 
        Affairs.
    (e) Report on Hosting of APEC 2011 in the United States.--Not later 
than 60 days after the date of the enactment of this Act, the Secretary 
of State shall submit to the appropriate congressional committees a 
report detailing the mechanisms that are in place or are being 
considered for hosting the 2011 meeting of APEC in the United States, 
including an analysis of the estimated or projected costs associated 
with such meetings.
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