[Congressional Record (Bound Edition), Volume 155 (2009), Part 19]
[Senate]
[Pages 25766-25770]
[From the U.S. Government Publishing Office, www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 2703. Mr. LEAHY submitted an amendment intended to be proposed by 
him to the bill H.R. 3548, to amend the Supplemental Appropriations 
Act, 2008 to provide for the temporary availability of certain 
additional emergency unemployment compensation, and for other purposes; 
which was ordered to lie on the table; as follows:

       On page 3, after line 22, add the following:

     SEC. 205. EB-5 REGIONAL CENTER PROGRAM.

       Section 610 of the Departments of Commerce, Justice, and 
     State, the Judiciary, and Related Agencies Appropriations 
     Act, 1993 (8 U.S.C. 1153 note) is amended--
       (1) by striking ``pilot'' each place it appears; and
       (2) in subsection (b), by striking ``for 15 years''.
                                 ______
                                 
  SA 2704. Mr. LEAHY submitted an amendment intended to be proposed by 
him to the bill H.R. 3548, to amend the Supplemental Appropriations 
Act, 2008 to provide for the temporary availability of certain 
additional emergency unemployment compensation, and for other purposes; 
which was ordered to lie on the table; as follows:

       On page 7, after line 9, add the following:

     SEC. 6. EB-5 REGIONAL CENTER PROGRAM.

       Section 610 of the Departments of Commerce, Justice, and 
     State, the Judiciary, and Related Agencies Appropriations 
     Act, 1993 (8 U.S.C. 1153 note) is amended--
       (1) by striking ``pilot'' each place it appears; and
       (2) in subsection (b), by striking ``for 15 years''.
                                 ______
                                 
  SA 2705. Mr. CASEY submitted an amendment intended to be proposed to 
amendment SA 2699 submitted by Mr. Isakson (for himself and Mr. Dodd) 
and intended to be proposed to the bill H.R. 3548, to amend the 
Supplemental Appropriations Act, 2008 to provide for the temporary 
availability of certain additional emergency unemployment compensation, 
and for other purposes; which was ordered to lie on the table; as 
follows:

       Beginning on page 5, line 22, strike all through page 7, 
     line 9, and insert the following:
       (b) Documentation Requirement.--Subsection (d) of section 
     36 of such Code is amended by striking ``or'' at the end of 
     paragraph (1), by striking the period at the end of paragraph 
     (2) and inserting a comma, and by adding at the end the 
     following new paragraphs:
       ``(3) the taxpayer fails to attach to the return of tax for 
     such taxable year a properly executed copy of the settlement 
     statement used to complete such purchase, or
       ``(4) the taxpayer fails to attach to the return of tax for 
     such taxable year a certified statement of the taxpayer's 
     eligibility for the tax credit issued by the real estate 
     reporting person (as defined in section 6045(e)(2)) with 
     respect to such purchase.''.
       (c) Restriction on Married Individual Acquiring Residence 
     From Family of

[[Page 25767]]

     Spouse.--Clause (i) of section 36(c)(3)(A) of such Code is 
     amended by inserting ``(or, if married, such individual's 
     spouse)'' after ``person acquiring such property''.
       (d) Certain Errors With Respect to the First-Time Homebuyer 
     Tax Credit Treated as Mathematical or Clerical Errors.--
     Paragraph (2) of section 6213(g) of such Code, as amended by 
     this Act, is amended by striking ``and'' at the end of 
     subparagraph (N), by striking the period at the end of 
     subparagraph (O) and inserting ``, and'', and by inserting 
     after subparagraph (O) the following new subparagraph:
       ``(P) an entry on a return claiming the credit under 
     section 36 if--
       ``(i) the Secretary obtains information from the person 
     issuing the TIN of the taxpayer that indicates that the 
     taxpayer does not meet the age requirement of section 
     36(b)(3),
       ``(ii) information provided to the Secretary by the 
     taxpayer on an income tax return for at least one of the 2 
     preceding taxable years is inconsistent with eligibility for 
     such credit, or
       ``(iii) the taxpayer fails to attach to the return the form 
     described in paragraph (3) or (4) of section 36(d).''.
       (e) Investigation and Prosecution; Report.--The 
     Commissioner of Internal Revenue shall take such steps as are 
     necessary to investigate and prosecute instances of fraud 
     related to the first-time homebuyer tax credit under section 
     36 of the Internal Revenue Code of 1986. The Commissioner of 
     Internal Revenue shall provide reports to Congress on the 
     status of the investigatory and prosecutorial actions not 
     later than 90 days after the date of the enactment of this 
     Act, and quarterly thereafter.
       (f) Effective Date.--
                                 ______
                                 
  SA 2706. Mrs. McCASKILL submitted an amendment intended to be 
proposed by her to the bill H.R. 3548, to amend the Supplemental 
Appropriations Act, 2008 to provide for the temporary availability of 
certain additional emergency unemployment compensation, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the end add the following:

     SEC. __. WAIVER OF RECAPTURE OF FIRST-TIME HOMEBUYER CREDIT 
                   FOR INDIVIDUALS ON QUALIFIED OFFICIAL EXTENDED 
                   DUTY.

       (a) In General.--Paragraph (4) of section 36(f) of the 
     Internal Revenue Code of 1986 is amended by adding at the end 
     the following new subparagraph:
       ``(E) Special rule for members of the armed forces, etc.--
       ``(i) In general.--In the case of the disposition of a 
     principal residence by an individual (or a cessation referred 
     to in paragraph (2)) after December 31, 2008, in connection 
     with Government orders received by such individual, or such 
     individual's spouse, for qualified official extended duty 
     service--

       ``(I) paragraph (2) and subsection (d)(2) shall not apply 
     to such disposition (or cessation), and
       ``(II) if such residence was acquired before January 1, 
     2009, paragraph (1) shall not apply to the taxable year in 
     which such disposition (or cessation) occurs or any 
     subsequent taxable year.

       ``(ii) Qualified official extended duty service.--For 
     purposes of this section, the term `qualified official 
     extended duty service' means service on qualified official 
     extended duty as--

       ``(I) a member of the uniformed services,
       ``(II) a member of the Foreign Service of the United 
     States, or
       ``(III) as an employee of the intelligence community.

       ``(iii) Definitions.--Any term used in this subparagraph 
     which is also used in paragraph (9) of section 121(d) shall 
     have the same meaning as when used in such paragraph.''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to dispositions and cessations after December 31, 
     2008.

     SEC. __. EXTENSION OF FIRST-TIME HOMEBUYER CREDIT FOR 
                   INDIVIDUALS ON QUALIFIED OFFICIAL EXTENDED DUTY 
                   OUTSIDE THE UNITED STATES.

       (a) In General.--Subsection (h) of section 36 of the 
     Internal Revenue Code of 1986 is amended--
       (1) by striking ``This section'' and inserting ``(1) In 
     general.--This section'', and
       (2) by adding at the end the following:
       ``(2) Special Rules for Individuals on Qualified Official 
     Extended Duty Outside the United States.--In the case of any 
     individual who serves on qualified official extended duty 
     service outside the United States for at least 90 days in 
     calendar year 2009 and, if married, such individual's 
     spouse--
       ``(A) paragraph (1) shall be applied by substituting 
     `December 1, 2010' for `December 1, 2009',
       ``(B) subsection (f)(4)(D) shall be applied by substituting 
     `December 1, 2010' for `December 1, 2009', and
       ``(C) in lieu of subsection (g), in the case of a purchase 
     of a principal residence after December 31, 2009, and before 
     July 1, 2010, the taxpayer may elect to treat such purchase 
     as made on December 31, 2009, for purposes of this section 
     (other than subsections (c) and (f)(4)(D)).''.
       (b) Coordination With First-Time Homebuyer Credit for 
     District of Columbia.--Paragraph (4) of section 1400C(e) of 
     such Code is amended by inserting ``(December 1, 2010, in the 
     case of a purchase subject to section 36(h)(2))'' after 
     ``December 1, 2009''.
       (c) Effective Date.--The amendments made by this section 
     shall apply to residences purchased after November 30, 2009.

     SEC. __. EXCLUSION FROM GROSS INCOME OF QUALIFIED MILITARY 
                   BASE REALIGNMENT AND CLOSURE FRINGE.

       (a) In General.--Subsection (n) of section 132 of the 
     Internal Revenue Code of 1986 is amended--
       (1) in subparagraph (1) by striking ``this subsection) to 
     offset the adverse effects on housing values as a result of a 
     military base realignment or closure'' and inserting ``the 
     American Recovery and Reinvestment Tax Act of 2009)'', and
       (2) in subparagraph (2) by striking ``clause (1) of''.
       (b) Effective Date.--The amendments made by this act shall 
     apply to payments made after February 17, 2009.

     SEC. __. INCREASE IN PENALTY FOR FAILURE TO FILE A 
                   PARTNERSHIP OR S CORPORATION RETURN.

       (a) In General.--Sections 6698(b)(1) and 6699(b)(1) of the 
     Internal Revenue Code of 1986 are each amended by striking 
     ``$89'' and inserting ``$110''.
       (b) Effective Date.--The amendments made by this section 
     shall apply to returns for taxable years beginning after 
     December 31, 2009.

     SEC. __. TIME FOR PAYMENT OF CORPORATE ESTIMATED TAXES.

       The percentage under paragraph (1) of section 202(b) of the 
     Corporate Estimated Tax Shift Act of 2009 in effect on the 
     date of the enactment of this Act is increased by 0.5 
     percentage points.
                                 ______
                                 
  SA 2707. Mr. BROWNBACK submitted an amendment intended to be proposed 
by him to the bill H.R. 2847, making appropriations for the Departments 
of Commerce and Justice, and Science, and Related Agencies for the 
fiscal year ending September 30, 2010, and for other purposes; which 
was ordered to lie on the table; as follows:

       On page 203, between lines 23 and 24, insert the following:

                   TITLE VI--CONGO CONFLICT MINERALS

     SEC. 601. FINDINGS.

       Congress finds the following:
       (1) The Democratic Republic of Congo was devastated by a 
     civil war carried out in 1996 and 1997 and a war that began 
     in 1998 and ended in 2003, which resulted in widespread human 
     rights violations and the intervention of multiple armed 
     forces or armed non-state actors from other countries in the 
     region.
       (2) Despite the signing of a peace agreement and subsequent 
     withdrawal of foreign forces in 2003, the eastern region of 
     the Democratic Republic of Congo has continued to suffer from 
     high levels of poverty, insecurity, and a culture of 
     impunity, in which illegal armed groups and military forces 
     continue to commit widespread human rights abuses.
       (3) According to a study by the International Rescue 
     Committee released in January 2008, conflict and related 
     humanitarian crisis in the Democratic Republic of Congo have 
     resulted in the deaths of an estimated 5,400,000 people since 
     1998 and continue to cause as many as 45,000 deaths each 
     month.
       (4) Sexual violence and rape remain pervasive tools of 
     warfare used by all parties in eastern region of the 
     Democratic Republic of Congo to terrorize and humiliate 
     communities, resulting in community break down which causes a 
     decrease in the ability of affected communities to resist 
     control by illegal armed forces and a loss of community 
     access to minerals. Sexual violence and rape affect hundreds 
     of thousands of women and girls, frequently resulting in 
     traumatic fistula, other severe genital injuries, and long-
     term psychological trauma.
       (5) A report released by the Government Accountability 
     Office in December 2007 describes how the mismanagement and 
     illicit trade of extractive resources from the Democratic 
     Republic of Congo supports conflict between militias and 
     armed domestic factions in neighboring countries.
       (6) In October 2002, the United Nations Group of Experts on 
     the Democratic Republic of Congo called on member states of 
     the United Nations to adopt measures, consistent with the 
     guidelines established for multinational enterprises by the 
     Organization for Economic Co-operation and Development, to 
     ensure that enterprises in their jurisdiction do not abuse 
     principles of conduct that they have adopted as a matter of 
     law.
       (7) In February 2008, the United Nations Group of Experts 
     on the Democratic Republic of Congo stated, ``individuals and 
     entities buying mineral output from areas of the eastern part 
     of the Democratic Republic of Congo with a strong rebel 
     presence are violating the sanctions regime when they do not 
     exercise due diligence to ensure their mineral purchases do 
     not provide assistance to illegal armed groups'' and defined 
     due diligence as including the following:

[[Page 25768]]

       (A) Determining the precise identity of the deposits from 
     which the minerals they intend to purchase have been mined.
       (B) Establishing whether or not these deposits are 
     controlled or taxed by illegal armed groups.
       (C) Refusing to buy minerals known to originate, or 
     suspected to originate, from deposits controlled or taxed by 
     illegal armed groups.
       (8) In its final report, released on December 12, 2008, the 
     United Nations Group of Experts on the Democratic Republic of 
     the Congo found that official exports of columbite-tantalite, 
     cassiterite, wolframite, and gold are grossly undervalued and 
     that various illegal armed groups in the eastern region of 
     the Democratic Republic of Congo continue to profit greatly 
     from these natural resources by coercively exercising control 
     over mining sites from where they are extracted and locations 
     along which they are transported for export.
       (9) United Nations Security Council Resolution 1857, 
     unanimously adopted on December 22, 2008--
       (A) broadens existing sanctions relating to the Democratic 
     Republic of Congo to include ``individuals or entities 
     supporting the illegal armed groups . . . through illicit 
     trade of natural resources,''; and
       (B) encourages member countries to ensure that companies 
     handling minerals from the Democratic Republic of Congo 
     exercise due diligence on their suppliers.
       (10) Continued weak governance in the Democratic Republic 
     of Congo has allowed the illicit trade in the minerals 
     columbite-tantalite, cassiterite, wolframite, and gold to 
     flourish, which empowers illegal armed groups, undermines 
     local development, and results in a loss or misuse of tax 
     revenue for the Government of the Democratic Republic of 
     Congo. The development of stronger governance and economic 
     institutions that support legitimate cross-border trade in 
     such minerals would--
       (A) help prevent the exploitation of such minerals by 
     illegal armed groups; and
       (B) enable the hundreds of thousands of people who depend 
     on such minerals for their livelihoods to benefit from such 
     minerals.
       (11) Metals derived from columbite-tantalite, cassiterite, 
     wolframite, and gold from the Democratic Republic of Congo 
     are used in diverse technological products sold worldwide, 
     including mobile telephones, laptop computers, and digital 
     video recorders.
       (12) In February 2009, the Electronic Industry Citizenship 
     Coalition and the Global e-Sustainability Initiative released 
     a statement asserting that--
       (A) use by the information communications technology 
     industry of mined commodities that support conflict in such 
     countries as the Democratic Republic of Congo is 
     unacceptable; and
       (B) electronics companies can and should uphold responsible 
     practices in their operations and work with suppliers to meet 
     social and environmental standards with respect to the raw 
     materials used in the manufacture of their products.
       (13) Notwithstanding the extensiveness of the supply chains 
     of technological products and the extensiveness of the 
     processing stages for the metals derived from columbite-
     tantalite, cassiterite, wolframite, and gold used in such 
     products, companies that create and sell products that 
     include such metals have the ability to influence the 
     situation in the Democratic Republic of Congo by--
       (A) exercising due diligence in ensuring that their 
     suppliers provide raw materials in a manner that does not--
       (i) directly finance armed conflict;
       (ii) result in labor or human rights violations; or
       (iii) damage the environment;
       (B) verifying--
       (i) the country from which the minerals used to derive such 
     metals originate;
       (ii) the identity of the exporter of the minerals; and
       (iii) that all appropriate tax payments are made; and
       (C) committing to support mineral exporters from the 
     Democratic Republic of Congo who--
       (i) fully disclose their export payments; and
       (ii) certify that their minerals do not--

       (I) directly finance armed conflict;
       (II) result in labor or human rights violations; or
       (III) damage the environment.

     SEC. 602. STATEMENT OF POLICY.

       It is the policy of the United States, as affirmed by the 
     Democratic Republic of Congo Relief, Security, and 
     Development Promotion Act of 2006 (Public Law 109-456; 22 
     U.S.C. 2151 note) and consistent with United Nations Security 
     Council Resolution 1857 (2008), to promote peace and security 
     in the eastern Democratic Republic of Congo by supporting 
     efforts of the Government of the Democratic Republic of 
     Congo, other governments in the Great Lakes Region of Africa, 
     and the international community--
       (1) to monitor and stop commercial activities involving the 
     natural resources of the Democratic Republic of Congo that 
     contribute to illegal armed groups and human rights 
     violations in the Democratic Republic of Congo; and
       (2) to develop stronger governance and economic 
     institutions that can facilitate and improve transparency in 
     the cross-border trade involving the natural resources of the 
     Democratic Republic of Congo in order to reduce exploitation 
     by illegal armed groups and promote local and regional 
     development.

     SEC. 603. INVESTIGATION, REPORTS, AND STRATEGY REGARDING 
                   COLUMBITE-TANTALITE, CASSITERITE, WOLFRAMITE, 
                   GOLD, AND HUMAN RIGHTS ABUSES IN THE DEMOCRATIC 
                   REPUBLIC OF CONGO.

       (a) Support of Mandate of United Nations Group of Experts 
     on the Democratic Republic of Congo.--The President, acting 
     through the Secretary of State, the United States Permanent 
     Representative to the United Nations, and other appropriate 
     United States Government officials, shall use the voice and 
     vote of the United States at the United Nations Security 
     Council to renew the mandate and strengthen the capacity of 
     the United Nations Group of Experts on the Democratic 
     Republic of Congo to investigate links between natural 
     resources and the financing of illegal armed groups, and 
     ensure that the Group of Experts' recommendations are given 
     serious consideration.
       (b) Map of Mineral-Rich Zones and Armed Groups in 
     Democratic Republic of Congo.--
       (1) In general.--Not later than 120 days after the date of 
     the enactment of this Act, the Secretary of State shall, 
     consistent with the recommendation from the United Nations 
     Group of Experts on the Democratic Republic of Congo in their 
     December 2008 report, work with other member states of the 
     United Nations and local and international nongovernmental 
     organizations--
       (A) to produce a map of mineral-rich zones and armed groups 
     in the eastern region of the Democratic Republic of Congo; 
     and
       (B) to make such map available to the public.
       (2) Updates.--The Secretary of State shall update the map 
     required by paragraph (1) not less frequently than once every 
     180 days until the Secretary of State certifies that no armed 
     party to any ongoing armed conflict in the Democratic 
     Republic of Congo or any other country is involved in the 
     mining, sale, or export of columbite-tantalite, cassiterite, 
     wolframite, or gold, or the control thereof, or derives 
     benefits from such activities.
       (c) Guidance for Commercial Entities.--The Secretary of 
     State shall, consistent with the recommendation from the 
     United Nations Group of Experts on the Democratic Republic of 
     Congo in their December 2008 report, work with other member 
     states of the United Nations and local and international 
     nongovernmental organizations to provide guidance to 
     commercial entities seeking to exercise due diligence on 
     their suppliers to ensure that the raw materials used in 
     their products do not--
       (1) directly finance armed conflict;
       (2) result in labor or human rights violations; or
       (3) damage the environment.
       (d) Strategy.--
       (1) In general.--Not later than 180 days after the date of 
     the enactment of this Act, the Secretary of State shall, 
     working with the Administrator of the United States Agency 
     for International Development, submit to the appropriate 
     congressional committees a strategy to address the linkages 
     that exist between human rights abuses, armed groups, and the 
     mining of columbite-tantalite, cassiterite, wolframite, and 
     gold in the Democratic Republic of Congo.
       (2) Contents.--The strategy required by paragraph (1) shall 
     include the following:
       (A) A plan to assist the Government of the Democratic 
     Republic of Congo and other governments in the region in 
     establishing and effectively implementing the necessary 
     frameworks and institutions to formalize and improve 
     transparency in the trade of columbite-tantalite, 
     cassiterite, wolframite, and gold.
       (B) An outline of assistance currently being provided and 
     an assessment of future assistance that could be provided by 
     the Government of the United States to help the Government of 
     the Democratic Republic of Congo strengthen the management 
     and export of natural resources in the eastern region of the 
     Democratic Republic of Congo.
       (C) A description of punitive measures that could be taken 
     against individuals or entities whose commercial activities 
     are supporting illegal armed groups and human rights 
     violations in eastern Democratic Republic of Congo.
       (e) Annual Human Rights Reports.--In preparing those 
     portions of the annual Country Reports on Human Rights 
     Practices relating to the Democratic Republic of Congo or 
     countries that share a border with the Democratic Republic of 
     Congo, the Secretary of State shall ensure that such reports 
     include a description of any instances or patterns of 
     practice that indicate that the extraction and cross-border 
     trade in columbite-tantalite, cassiterite, wolframite, or 
     gold has negatively affected human rights conditions or 
     supported specific human rights violations, sexual or gender-
     based violence, or labor abuses in the eastern region of the 
     Democratic Republic of Congo, during the period covered by 
     each report.

[[Page 25769]]

       (f) Annual Organization for Economic Co-Operation and 
     Development Investment Committee Report.--In preparing the 
     United States' annual report to the Organization for Economic 
     Co-operation and Development Investment Committee, the 
     Secretary of State shall include a description of efforts by 
     the United States to ensure, consistent with the Organization 
     for Economic Co-operation and Development Guidelines for 
     Multinational Enterprises, that enterprises under United 
     States jurisdiction are exercising due diligence to ensure 
     that their purchases of minerals or metals are not 
     originating from mines and trading routes that are used to 
     finance or benefit illegal armed groups in the Democratic 
     Republic of Congo.
       (g) Authorization of Appropriations.--There is authorized 
     to be appropriated to the Secretary of State for fiscal year 
     2010 such sums as may be necessary for the Secretary to carry 
     out the provisions of this section.
       (h) Definitions.--In this section:
       (1) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means--
       (A) the Committee on Appropriations, the Committee on 
     Foreign Relations, and the Committee on Banking, Housing, and 
     Urban Affairs of the Senate; and
       (B) the Committee on Appropriations, the Committee on 
     Foreign Affairs, and the Committee on Financial Services of 
     the House of Representatives.
       (2) Human rights reports.--The term ``Human Rights 
     Reports'' means all reports submitted by the Secretary of 
     State to Congress under sections 116 and 502B of the Foreign 
     Assistance Act of 1961 (22 U.S.C. 2151n and 2304).

     SEC. 604. DISCLOSURE TO SECURITIES AND EXCHANGE COMMISSION OF 
                   ACTIVITIES RELATING TO COLUMBITE-TANTALITE, 
                   CASSITERITE, AND WOLFRAMITE INDUSTRIES.

       Section 13 of the Securities Exchange Act of 1934 (15 
     U.S.C. 78m) is amended by adding at the end the following new 
     subsection:
       ``(m) Disclosure to Commission of Activities Relating to 
     Columbite-Tantalite, Cassiterite, and Wolframite 
     Industries.--
       ``(1) In general.--Not later than 180 days after the date 
     of enactment of this subsection, the Commission shall 
     promulgate rules requiring any person described in paragraph 
     (2)--
       ``(A) to disclose annually to the Commission the country of 
     origin of columbite-tantalite, cassiterite, or wolframite 
     related to any of the activities described in paragraph (3);
       ``(B) if disclosure is required under subparagraph (A) and 
     the country of origin disclosed under subparagraph (A) is the 
     Democratic Republic of Congo or an adjoining country, to 
     disclose annually to the Commission the mine of origin of 
     such columbite-tantalite, cassiterite, and wolframite; and
       ``(C) if disclosure is required under subparagraph (A) or 
     subparagraph (B) for columbite-tantalite, cassiterite, or 
     wolframite, to submit along with such disclosure an 
     independent audit of the supply chain of such columbite-
     tantalite, cassiterite, or wolframite to ensure that such 
     disclosure is accurate.
       ``(2) Person described.--A person is described in this 
     paragraph if the person--
       ``(A) is required to file reports to the Commission under 
     subsection (a); and
       ``(B) either--
       ``(i) engages in activities described in paragraph (3); or
       ``(ii) controls a person that engages in activities 
     described in paragraph (3).
       ``(3) Activities described.--An activity described in this 
     paragraph is--
       ``(A) the commercial exploration, extraction, importation, 
     exportation, or sale of columbite-tantalite, cassiterite, or 
     wolframite; or
       ``(B) the use of such minerals, derivatives of such 
     minerals, components that include such minerals, or 
     components that include derivatives of such minerals in the 
     manufacture of a product for sale.
       ``(4) Revisions and waivers.--The Commission may revise or 
     temporarily waive the requirements described in paragraph (1) 
     if the Commission determines that such revision or waiver 
     is--
       ``(A) necessary for the protection of investors; and
       ``(B) in the public interest.
       ``(5) Termination of disclosure requirements.--The 
     disclosure requirements of this subsection shall terminate if 
     the President--
       ``(A) determines that--
       ``(i) no armed party to any ongoing armed conflict in the 
     Democratic Republic of Congo or any other country--

       ``(I) is involved in an activity described in paragraph 
     (3)(A) with respect to columbite-tantalite, cassiterite, or 
     wolframite; or
       ``(II) derives benefits from such activity; or

       ``(ii) a regional framework has been established and 
     effectively implemented to monitor and regulate the 
     activities described in paragraph (3)(A) with respect to 
     columbite-tantalite, cassiterite, or wolframite in the 
     Democratic Republic of Congo so that such activities do not 
     finance or benefit illegal armed groups; and
       ``(B) notifies the Commission of the determination under 
     subparagraph (A).
       ``(6) Authorization of appropriations.--There is authorized 
     to be appropriated to the Commission for fiscal year 2010 
     such sums as may be necessary for the Commission to carry out 
     the provisions of this subsection.
       ``(7) Definitions.--In this subsection, the following 
     definitions shall apply:
       ``(A) Adjoining country.--The term `adjoining country', 
     with respect to the Democratic Republic of Congo, means a 
     country that shares an internationally recognized border with 
     the Democratic Republic of Congo.
       ``(B) Control.--The term `control' means--
       ``(i) in the case of a corporation, ownership of at least 
     50 percent of the voting stock of the corporation; and
       ``(ii) in the case of any other entity, ownership of 
     interests representing at least 50 percent of the voting 
     capital of the entity.
       ``(C) Foreign person.--The term `foreign person' means a 
     person--
       ``(i) in the case of an individual, who is an alien as such 
     term is defined in section 101(a) of the Immigration and 
     Nationality Act (8 U.S.C. 1101(a)); or
       ``(ii) in the case of a partnership, corporation, or other 
     entity, that is organized under the laws of a foreign country 
     or that has its principal place of business in a foreign 
     country.
       ``(D) Person.--The term `person' has the meaning given the 
     term in section 3(a) but does not include--
       ``(i) any foreign nongovernmental organization that--

       ``(I) has consultative status with the United Nations 
     Economic and Social Council; or
       ``(II) has been accredited by a department or specialized 
     agency of the United Nations; or

       ``(ii) a foreign person whose business activities are 
     strictly limited to providing goods and services that are--

       ``(I) intended to relieve human suffering;
       ``(II) intended to promote welfare, health, religious, or 
     spiritual activities;
       ``(III) used for educational or humanitarian purposes;
       ``(IV) used for journalistic activities; or
       ``(V) used for such other purposes as the Secretary of 
     State may determine serve the foreign policy interests of the 
     United States.''.

     SEC. 605. SENSE OF CONGRESS ON ASSISTANCE FOR AFFECTED 
                   COMMUNITIES AND SUSTAINABLE LIVELIHOODS.

       (a) Sense of Congress on Assistance for Affected 
     Communities.--It is the sense of Congress that the 
     Administrator of the United States Agency for International 
     Development should expand and better coordinate programs to 
     assist and empower communities in the eastern Democratic 
     Republic of Congo whose livelihoods depend on the mineral 
     trade, particularly--
       (1) communities affected by sexual and gender-based 
     violence; and
       (2) individuals displaced by violence.
       (b) Sense of Congress on Future Year Funding.--It is the 
     sense of Congress that the Secretary of State and the 
     Administrator should work with the appropriate congressional 
     committees to increase assistance in fiscal years beginning 
     after fiscal year 2009 for communities affected by violence 
     in the Democratic Republic of Congo, specifically--
       (1) to provide medical treatment, psychological support, 
     and rehabilitation assistance for survivors of sexual and 
     gender-based violence;
       (2) to provide humanitarian relief and basic services to 
     people displaced by violence;
       (3) to improve living conditions and livelihood prospects 
     for artisanal miners and mine workers; and
       (4) to alleviate poverty by reconstructing infrastructure 
     and revitalizing agricultural production.
       (c) Sense of Congress on Coordination of Assistance.--It is 
     the sense of Congress that the United States should work with 
     other countries, on a bilateral and multilateral basis--
       (1) to increase protection and services for communities in 
     the eastern Democratic Republic of Congo at risk of human 
     rights violations associated with the mineral trade, 
     particularly women and girls;
       (2) to strengthen the management and trade of natural 
     resources in the Democratic Republic of Congo; and
       (3) to improve the conditions and livelihood prospects of 
     artisan miners and mine workers.

     SEC. 606. REPORT.

       Not later than 2 years after the date of the enactment of 
     this Act, the Comptroller General of the United States shall 
     submit to Congress a report that includes the following:
       (1) An assessment of the effectiveness of the provisions of 
     this Act and section 13(m) of the Securities Exchange Act of 
     1934 (15 U.S.C. 78m(m)), as added by section 5, in promoting 
     peace and security in accordance with section 3.
       (2) A description of the problems, if any, encountered by 
     the President, officials described in section 4(a), the 
     Securities and Exchange Commission, and the Administrator of 
     the United States Agency for International Development in 
     carrying out the provisions of this Act and such section 
     13(m).
       (3) A description of the adverse impacts of carrying out 
     the provisions of this Act and such section 13(m), if any, on 
     communities in the eastern Democratic Republic of Congo.

[[Page 25770]]

       (4) Recommendations for legislative or regulatory actions 
     that can be taken--
       (A) to improve the effectiveness of the provisions of this 
     Act and such section 13(m) to promote peace and security in 
     accordance with section 3;
       (B) to resolve the problems described pursuant to paragraph 
     (2), if any; and
       (C) to mitigate the adverse impacts described pursuant 
     paragraph (3), if any.

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