[House Report 111-143]
[From the U.S. Government Publishing Office]


111th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                    111-143

======================================================================

 
   PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 1886) TO AUTHORIZE 
 DEMOCRATIC, ECONOMIC, AND SOCIAL DEVELOPMENT ASSISTANCE FOR PAKISTAN, 
TO AUTHORIZE SECURITY ASSISTANCE FOR PAKISTAN, AND FOR OTHER PURPOSES, 
 AND PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 2410) TO AUTHORIZE 
  APPROPRIATIONS FOR THE DEPARTMENT OF STATE AND THE PEACE CORPS FOR 
 FISCAL YEARS 2010 AND 2011, TO MODERNIZE THE FOREIGN SERVICE, AND FOR 
                             OTHER PURPOSES

                                _______
                                

    June 9, 2009.--Referred to the House Calendar and ordered to be 
                                printed

                                _______
                                

   Mr. Hastings,  from the Committee on Rules submitted the following

                              R E P O R T

                       [To accompany H. Res. 522]

    The Committee on Rules, having had under consideration 
House Resolution 522, by a nonrecord vote, report the same to 
the House with the recommendation that the resolution be 
adopted.

                SUMMARY OF PROVISIONS OF THE RESOLUTION

    The resolution provides for consideration of H.R. 1886, the 
``Pakistan Enduring Assistance and Cooperation Enhancement Act 
of 2009,'' under a structured rule providing one hour of 
general debate in the House equally divided and controlled by 
the chairman and ranking minority member of the Committee on 
Foreign Affairs. The resolution waives all points of order 
against consideration of the bill except for clauses 9 and 10 
of rule XXI. The amendment in the nature of a substitute 
recommended by the Committee on Foreign Affairs now printed in 
the bill, modified by the amendment printed in part A of this 
report, shall be considered as adopted. The resolution waives 
all points of order against provisions of the bill, as amended. 
This waiver does not affect the point of order available under 
clause 9 of rule XXI (regarding earmark disclosure). The 
resolution provides that the bill, as amended, shall be 
considered as read. The resolution makes in order the further 
amendment in the nature of a substitute printed in part B of 
this report, if offered by Representative Ros-Lehtinen of 
Florida or her designee, which shall be in order without 
intervention of any point of order except those arising under 
clause 9 or 10 of rule XXI, shall be considered as read, and 
shall be separately debatable for 30 minutes equally divided 
and controlled by the proponent and an opponent. The resolution 
provides one motion to recommit with or without instructions.
    The resolution also provides for consideration of H.R. 
2410, the ``Foreign Relations Authorization Act, Fiscal Years 
2010 and 2011,'' under a structured rule. The resolution 
provides one hour of debate equally divided and controlled by 
the chair and ranking minority member of the Committee on 
Foreign Affairs and waives all points of order against 
consideration of the bill except clauses 9 and 10 of rule XXI. 
The resolution provides that the amendment in the nature of a 
substitute recommended by the Committee on Foreign Affairs, now 
printed in the bill, shall be considered as an original bill 
for the purpose of amendment and shall be considered as read. 
The resolution waives all points of order against the amendment 
in the nature of a substitute except for clause 10 of rule XXI. 
This waiver does not affect the point of order available under 
clause 9 of rule XXI (regarding earmark disclosure). The 
resolution makes in order only those amendments printed in part 
C of this report. The resolution provides that the amendments 
made in order may be offered only in the order printed in this 
report, may be offered only by a Member designated in this 
report, shall be considered as read, shall be debatable for the 
time specified in this report equally divided and controlled by 
the proponent and an opponent, shall not be subject to 
amendment, and shall not be subject to a demand for division of 
the question in the House or in the Committee of the Whole. The 
resolution waives all points of order against the amendments 
printed in the report except for clauses 9 and 10 of rule XXI. 
The resolution provides one motion to recommit H.R. 2410 with 
or without instructions. Finally, the resolution provides that 
in the engrossment of H.R. 2410, the text of H.R. 1886, as 
passed by the House, shall be added as new matter at the end of 
H.R. 2410.

                         EXPLANATION OF WAIVERS

    Although the rule waives all points of order against 
consideration of H.R. 1886 (except for those arising under 
clauses 9 and 10 of rule XXI), the Committee is not aware of 
any points of order. The waiver of all points of order is 
prophylactic. The waiver of all points of order against 
provisions in the bill, as amended, includes a waiver of clause 
4 of Rule XXI (prohibiting appropriations in legislative 
bills).
    Although the rule waives all points of order against 
consideration of H.R. 2410 (except for those arising under 
clauses 9 and 10 of rule XXI), the Committee is not aware of 
any points of order. The waiver of all points of order is 
prophylactic. The waiver of all points of order against the 
committee amendment in the nature of a substitute (except for 
those arising under clause 10 of rule XXI) includes a waiver of 
clause 4 of Rule XXI (prohibiting appropriations in legislative 
bills).

                            COMMITTEE VOTES

    The results of each record vote on an amendment or motion 
to report, together with the names of those voting for and 
against, are printed below:

Rules Committee record vote No. 107

    Date: June 9, 2009.
    Measure: H.R. 1886/H.R. 2410.
    Motion by: Mr. Dreier.
    Summary of motion: To grant an open rule.
    Results: Defeated 3-6.
    Vote by Members: Hastings--Nay; Cardoza--Nay; Arcuri--Nay; 
Perlmutter--Nay; Pingree--Nay; Dreier--Yea; Diaz-Balart--Yea; 
Foxx--Yea; Slaughter--Nay.

Rules Committee record vote No. 108

    Date: June 9, 2009.
    Measure: H.R. 1886/H.R. 2410.
    Motion by: Mr. Dreier.
    Summary of motion: To make in order en bloc and provide 
appropriate waivers for an amendment by Rep. Ros-Lehtinen (FL), 
#34, which would prohibit funds from being used by the 
Department of State for the purpose of preparing or issuing a 
statement of interest to encourage a court in the U.S. to 
dismiss any claim brought against a European insurance company 
to recover compensation arising out of a covered Holocaust-era 
insurance policy, and an amendment by Rep. Ros-Lehtinen (FL), 
#28, which would replace the FY10 funding numbers for the 
accounts reauthorized in the bill with numbers that are no more 
than 3.7% higher than FY09 levels.
    Results: Defeated 3-7.
    Vote by Members: Hastings--Nay; Matsui--Nay; Cardoza--Nay; 
Arcuri--Nay; Perlmutter--Nay; Pingree--Nay; Dreier--Yea; Diaz-
Balart--Yea; Foxx--Yea; Slaughter--Nay.

Rules Committee record vote No. 109

    Date: June 9, 2009.
    Measure: H.R. 1886/H.R. 2410.
    Motion by: Mr. Diaz-Balart.
    Summary of motion: To make in order and provide appropriate 
waivers for an amendment by Rep. Ros-Lehtinen (FL), #27, which 
would call for a re-listing of North Korea as a state sponsor 
of terrorism, full implementation of sanctions imposed by UN 
Security Council resolutions 1695 and 1718, passed in 2006 but 
never fully enforced, and an end to North Korea's egregious 
human rights violations and proliferation of weapons of mass 
destruction to Iran, Syria and other rogue regimes. It 
withholds U.S. diplomatic recognition of North Korea--including 
the establishment of a liaison office in North Korea--until 
Pyongyang accedes to the benchmarks enumerated regarding 
proliferation, illicit activities and human rights abuses and 
frees the two U.S. citizens it is now holding.
    Results: Defeated 3-7.
    Vote by Members: Hastings--Nay; Matsui--Nay; Cardoza--Nay; 
Arcuri--Nay; Perlmutter--Nay; Pingree--Nay; Dreier--Yea; Diaz-
Balart--Yea; Foxx--Yea; Slaughter--Nay.

Rules Committee record vote No. 110

    Date: June 9, 2009.
    Measure: H.R. 1886/H.R. 2410.
    Motion by: Mr. Diaz-Balart.
    Summary of motion: To make in order and provide appropriate 
waivers for an amendment by Rep. Shadegg (AZ), #1, which would 
prohibit the transfer or entry of any detainee currently being 
held at Guantanamo Bay into the United States.
    Results: Defeated 3-6.
    Vote by Members: Hastings--Nay; Matsui--Nay; Arcuri--Nay; 
Perlmutter--Nay; Pingree--Nay; Dreier--Yea; Diaz-Balart--Yea; 
Foxx--Yea; Slaughter--Nay.

Rules Committee record vote No. 111

    Date: June 9, 2009.
    Measure: H.R. 1886/H.R. 2410.
    Motion by: Dr. Foxx.
    Summary of motion: To make in order and provide appropriate 
waivers for an amendment by Rep. Smith, Christopher (NJ), #71, 
which would strike Section 334, the Office for Global Women's 
Issues, and replace it with a substitute Office for Global 
Women's Issues that also would include non-intervention 
language with respect to abortion.
    Results: Defeated 3-7.
    Vote by Members: Hastings--Nay; Matsui--Nay; Arcuri--Nay; 
Perlmutter--Nay; Pingree--Nay; Polis--Nay; Dreier--Yea; Diaz-
Balart--Yea; Foxx--Yea; Slaughter--Nay.

Rules Committee record vote No. 112

    Date: June 9, 2009.
    Measure: H.R. 1886/H.R. 2410.
    Motion by: Dr. Foxx.
    Summary of motion: To make in order and provide appropriate 
waivers for an amendment by Rep. Burton (IN), #38, which would 
add a sense of Congress removing waiver authority in the 
Jerusalem Embassy Act, formally recognizing Jerusalem as the 
capital of Israel, and would immediately relocate the United 
States embassy to Jerusalem.
    Results: Defeated 3-7.
    Vote by Members: Hastings--Nay; Matsui--Nay; Arcuri--Nay; 
Perlmutter--Nay; Pingree--Nay; Polis--Nay; Dreier--Yea; Diaz-
Balart--Yea; Foxx--Yea; Slaughter--Nay.

  SUMMARY OF AMENDMENT IN PART A TO BE CONSIDERED AS ADOPTED FOR H.R. 
                                  1886

    Makes a number of changes to title II of H.R. 1886 as 
reported out by the Committee on Foreign Affairs. These changes 
include: (1) dropping specific authorizations in fiscal years 
2011 to 2013 for Foreign Military Financing (FMF) for Pakistan 
and making necessary conforming changes; (2) adding additional 
flexibility to the FMF program for Pakistan for fiscal years 
2010 and 2011; (3) amending section 204 relating to the 
Pakistani Counterinsurgency Capability Fund (PCCF), including 
making adjustments to the terms and conditions of the PCCF for 
fiscal year 2010 and dropping the authorization for PCCF for 
fiscal years 2011-2013.
    Authorizes the President to proclaim duty-free treatment of 
certain textile and apparel products, as well as nontextile and 
nonapparel products, from designated Reconstruction Opportunity 
Zones within Afghanistan or Pakistan through September 30, 
2024.
    Authorizes the President to designate Reconstruction 
Opportunity Zones within Afghanistan or Pakistan, provided (1) 
certain eligibility criteria are met, including that such 
countries establish, or make continual progress toward 
establishing, a market-based economy, instituting rule of law, 
protecting core labor standards and acceptable conditions of 
work; and (2) the designation of the Reconstruction Opportunity 
Zone (ROZ) in an area is ``appropriate'' taking into account 
factors such as the desire of the country to have an ROZ 
designated in the area, the ability to set up a labor rights 
monitoring program in the area, and the potential of generating 
employment; Sets forth requirements to prevent the unlawful 
transshipment of such products; Permits duty-free treatment to 
be provided to products of an ROZ in Afghanistan or Pakistan 
after a set-up period only if the President certifies that the 
country has (1) established a labor monitoring program in the 
ROZ, (2) designated a Labor Official responsible for, among 
other things, overseeing the implementation of the monitoring 
program, and (3) agreed to require textile or apparel producers 
to participate in the labor monitoring program; Authorizes the 
President to waive, withdraw, suspend, or limit the application 
of duty-free treatment under this Act.
    The bill's total cost is $105 million over a ten-year 
period. These costs are paid for by increasing Customs user 
fees.

  PART A--TEXT OF AMENDMENT TO BE CONSIDERED AS ADOPTED FOR H.R. 1886

  Page 11, line 22, strike ``and'' at the end.
  Page 11, line 25, strike the period at the end and insert ``; 
and''.
  Page 11, after line 25, insert the following new paragraph:

          (9) to promote the rights and empowerment of women 
        and girls in Pakistan, including efforts to increase 
        access to basic healthcare services to address 
        Pakistan's high maternal mortality rate and to increase 
        girls' and women's access to education.

  Page 17, line 8, strike ``and'' at the end.
  Page 17, after line 8, insert the following new subparagraph:

                  (D) preventing youth from turning to 
                extremism and militancy, and promoting the 
                renunciation of such tactics and extremist 
                ideologies, by providing economic, social, 
                educational, and vocational opportunities and 
                life-skills training to at-risk youth; and

  Page 17, line 9, strike ``(D)'' and insert ``(E)''.
  Page 20, line 20, insert ``libraries and'' before ``public''.
  Page 30, beginning on line 12, strike ``for a fiscal year''.
  Page 24, line 9, after ``hepatitis'' insert the following: 
``, and to reduce the nation's high maternal and under-five 
mortality rates, including--''

                  (A) support for repairing and building 
                healthcare infrastructure, including purchase 
                of equipment and training of health 
                professionals, to ensure adequate access to 
                healthcare for Pakistan's population, 
                especially among its rural, poor, marginalized 
                and disadvantaged segments; and
                  (B) promotion of efforts by the Government of 
                Pakistan to reduce maternal mortality, 
                including through the provision of maternal and 
                newborn health services and development of 
                community-based skilled birth attendants.

  Page 30, line 13, strike ``is'' and insert ``for fiscal year 
2010 and such sums as may be necessary for each of the fiscal 
years 2011 through 2013 are''.
  Page 30, line 21, strike ``authorized to be made available 
under'' and insert ``made available to carry out''.
  Page 30, line 22, strike ``is authorized to'' and insert 
``may''.
  Page 31, beginning on line 2, strike ``for a fiscal year''.
  Page 31, line 3, strike ``is'' and insert ``for fiscal year 
2010 and such sums as may be necessary for each of the fiscal 
years 2011 through 2013 are''.
  Page 31, line 10, strike ``authorized to be made available 
under'' and insert ``made available to carry out''.
  Page 31, line 11, strike ``is authorized to'' and insert 
``may''.
  Page 33, beginning on line 1, strike ``of the F-16 sale with 
its own national funds'' and insert ``on the 2006 sales 
relating to F-16 fighter aircraft and associated equipment with 
its own national funds, including the mid-life updates and 
munitions for such aircraft included in such Letters of Offer 
and Acceptance''.
  Page 33, line 5, strike ``or section 204''.
  Page 34, line 9, strike ``Such plan'' and all that follows 
through ``section 204(f)(1).'' on line 11 and insert the 
following: ``Such plan shall include an assessment of how the 
use of such amounts complements or otherwise is related to 
amounts described in section 204.''.
  Page 34, after line 11, insert the following:

          (5) Additional authority.--Except as provided in 
        section 3(a)(2) of the Arms Export Control Act and 
        except as otherwise provided in this title, amounts 
        authorized to be made available to carry out paragraph 
        (2) for fiscal years 2010 and 2011 are authorized to be 
        made available notwithstanding any other provision of 
        law.

  Page 34, line 12, strike ``(5)'' and insert ``(6)''.
  Amend section 204 of the bill (page 34, line 22 to page 39, 
line 20) to read as follows:

SEC. 204. PAKISTAN COUNTERINSURGENCY CAPABILITY FUND.

  (a) For Fiscal Year 2010.--
          (1) In general.--For fiscal year 2010, the Department 
        of State's Pakistan Counterinsurgency Capability Fund, 
        hereinafter in this section referred to as the 
        ``Fund'', shall consist of the following:
                  (A) Amounts appropriated to carry out this 
                subsection.
                  (B) Amounts otherwise available to the 
                Secretary of State to carry out this 
                subsection.
          (2) Purposes of fund.--Amounts in the Fund made 
        available to carry out this subsection for any fiscal 
        year are authorized to be used by the Secretary of 
        State, with the concurrence of the Secretary of 
        Defense, to build and maintain the counterinsurgency 
        capability of Pakistan under the same terms and 
        conditions (except as otherwise provided in this 
        subsection) that are applicable to amounts made 
        available under the Fund for fiscal year 2009.
          (3) Transfer authority.--
                  (A) In general.--The Secretary of State is 
                authorized to transfer amounts in the Fund made 
                available to carry out this subsection for any 
                fiscal year to the Department of Defense's 
                Pakistan Counterinsurgency Fund.
                  (B) Treatment of transferred funds.--Subject 
                to the requirements of paragraph (4), transfers 
                from the Fund under the authority of 
                subparagraph (A) shall be merged with and be 
                available for the same purposes and for the 
                same time period as amounts in the Department 
                of Defense's Pakistan Counterinsurgency Fund.
                  (C) Relation to other authorities.--The 
                authority to make transfers from the Fund under 
                subparagraph (A) is in addition to any other 
                transfer of funds authority of the Department 
                of State. The authority to provide assistance 
                under this subsection is in addition to any 
                other authority to provide assistance to 
                foreign countries.
                  (D) Notification.--The Secretary of State 
                shall, not less than 15 days prior to making 
                transfers from the Fund under subparagraph (A), 
                notify the appropriate congressional committees 
                in writing of the details of any such transfer.
          (4) Restriction.--
                  (A) In general.--Subject to subparagraph (B), 
                amounts in the Fund made available to carry out 
                this subsection for any fiscal year may not be 
                used to purchase F-16 fighter aircraft, to 
                purchase mid-life updates for such aircraft, or 
                to make payments on the sales of F-16 fighter 
                aircraft and associated equipment described in 
                section 203(b)(3)(A).
                  (B) Exception.--Amounts in the Fund made 
                available to carry out this subsection for any 
                fiscal year are authorized to be used for 
                military construction activities.
                  (C) Waiver.--The President may waive the 
                restriction under subparagraph (A) with respect 
                to amounts described in subparagraph (A) if the 
                President certifies to the appropriate 
                congressional committees not later than 15 days 
                prior to exercising the authority of this 
                subparagraph that the waiver is important to 
                the national security interests of the United 
                States.
          (5) Authorization of appropriations.--For fiscal year 
        2010, $300,000,000 is hereby authorized to be 
        appropriated to carry out this subsection.
  (b) Submission of Notifications.--Any notification required 
by this section shall be submitted in classified form, but may 
include a unclassified annex if necessary.
  (c) Appropriate Congressional Committees Defined.--In this 
section, the term ``appropriate congressional committees'' 
means--
          (1) the Committee on Appropriations, the Committee on 
        Armed Services, and the Committee on Foreign Affairs of 
        the House of Representatives; and
          (2) the Committee on Appropriations, the Committee on 
        Armed Services, and the Committee on Foreign Relations 
        of the Senate.
  Page 43, after line 11, insert the following new subsection:

  (e) GAO Analysis and Report.--Not later than 120 days after 
the President makes the determinations described in subsection 
(b), the Comptroller General of the United States shall conduct 
an independent analysis of each of the determinations under 
subsection (b) and written justifications for such 
determinations under subsection (d) and shall submit to the 
appropriate congressional committees a report containing the 
results of the independent analysis.

  Page 43, line 12, strike ``(e)'' and insert ``(f)''.

  Page 43, strike lines 13 through 17 and insert the following:

          (1) the term ``appropriate congressional committees'' 
        means--
                  (A) the Committee on Foreign Affairs, the 
                Committee on Armed Services, the Committee on 
                Oversight and Government Reform, and the 
                Permanent Select Committee on Intelligence of 
                the House of Representatives; and
                  (B) the Committee on Foreign Relations, the 
                Committee on Armed Services, and the Select 
                Committee on Intelligence of the Senate; and

  Page 43, beginning on line 23, strike ``, assistance 
authorized under section 204 of this Act,''.

  Page 44, line 12, strike ``for each of the fiscal years 2010 
through 2013'' and insert ``for fiscal year 2010 and such sums 
as may be necessary for each of the fiscal years 2011 through 
2013''.
  Page 57, line 5, insert ``and title IV of this Act'' after 
``section 104''.

  Page 57, after line 6, add the following new title:

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

SEC. 401. SHORT TITLE.

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

SEC. 402. DEFINITIONS; PURPOSES.

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

SEC. 403. DESIGNATION OF RECONSTRUCTION OPPORTUNITY ZONES.

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

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

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

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

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


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


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


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


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

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


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

SEC. 406. PROTECTIONS AGAINST UNLAWFUL TRANSSHIPMENT.

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

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

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

SEC. 408. PETITION PROCESS.

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

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

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

SEC. 410. TERMINATION OF BENEFITS.

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

SEC. 411. CUSTOMS USER FEES.

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

    SUMMARY OF AMENDMENT IN PART B TO BE MADE IN ORDER FOR H.R. 1886

    Amendment in the nature of a substitute.--the substitute 
fully funds the administration's request for non-military 
assistance to Pakistan ($1.5 billion) for FY 2010 and provides 
``such sums'' as may be necessary through 2013. It also 
requires that the administration submit a comprehensive 
interagency strategy and implementation plan; requires 
quarterly briefings on developments in Pakistan; as well as 
written notification to the Congress of adjustments in strategy 
and related changes in allocations and expenditures. (30 
minutes)

      PART B--TEXT OF AMENDMENT TO BE MADE IN ORDER FOR H.R. 1886

  Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``United States-Pakistan 
Security and Stability Act''.

SEC. 2. FINDINGS.

  Congress finds the following:
          (1) Congress supports the following elements outlined 
        in the President's White Paper of the Interagency 
        Policy Group's Report on United States Policy Toward 
        Afghanistan and Pakistan:
                  (A) The core goal of the United States must 
                be to disrupt, dismantle, and defeat al Qaeda 
                and its affiliated networks and their safe 
                havens in Pakistan.
                  (B) The threat that al Qaeda poses to the 
                United States and its allies in Pakistan--
                including the possibility of extremists 
                obtaining fissile material--is all too real.
                  (C) The United States must overcome its trust 
                deficit with Pakistan and demonstrate that it 
                is a reliable, long-term partner.
          (2) The Government of Pakistan is facing significant 
        security and socio-economic challenges that set the 
        conditions for greater radicalization and may threaten 
        Pakistan's viability. Such challenges include the 
        following:
                  (A) Al Qaeda's and other extremist groups' 
                campaign of violent attacks throughout 
                Pakistan, including the Red Mosque incident, 
                the assassination of Benazir Bhutto, and the 
                bombing of the Marriott Hotel in Islamabad.
                  (B) Pakistan's population growth at a rate of 
                approximately 2 percent a year, with nearly 
                half of its 172 million residents illiterate, 
                under the age of 20, and living near or below 
                the poverty line.
          (3) Security and stability to Pakistan is further 
        complicated given the prevalence of ungoverned spaces 
        between Pakistan and Afghanistan in which state control 
        has not been fully exercised given ethnic and tribal 
        affiliations.
          (4) The security and stability of Pakistan is vital 
        to the national security of the United States, and the 
        consequences of failure poses a grave threat to the 
        security of the American people, the region, and United 
        States allies.
          (5) The objectives of United States policy toward 
        Pakistan are to empower and enable Pakistan to--
                  (A) develop into a prosperous and democratic 
                state that is at peace with itself and with its 
                neighbors;
                  (B) actively confront, and deny safe haven 
                to, al Qaeda, the Taliban, and other 
                extremists;
                  (C) implement the economic, legal, and social 
                reforms required to create an environment that 
                discourages violent Islamic extremism; and
                  (D) maintain robust command and control over 
                its nuclear weapons technology.

SEC. 3. COMPREHENSIVE INTERAGENCY STRATEGY AND IMPLEMENTATION PLAN FOR 
                    PAKISTAN.

  (a) In General.--Not later than 30 days after the date of the 
enactment of the Supplemental Appropriations Act of 2009, the 
President shall develop and transmit to the appropriate 
congressional committees a comprehensive interagency strategy 
and implementation plan for long-term security and stability in 
Pakistan which shall be composed of the elements specified in 
subsection (b).
  (b) Elements.--The comprehensive interagency strategy and 
implementation plan required by subsection (a) shall contain at 
least the following elements:
          (1) A description of how United States assistance 
        described in section 4 will be used to achieve the 
        objectives of United States policy toward Pakistan.
          (2) Progress toward the following:
                  (A) Assisting efforts to enhance civilian 
                control and a stable constitutional government 
                in Pakistan and promote bilateral and regional 
                trade and economic growth.
                  (B) Developing and operationally enabling 
                Pakistani security forces so they are capable 
                of succeeding in sustained counter-insurgency 
                and counter-terror operations.
                  (C) Shutting down Pakistani safe havens for 
                extremists.
                  (D) Improving Pakistan's capacity and 
                capability to ``hold'' and ``build'' areas 
                cleared of insurgents to prevent their return.
                  (E) Developing and strengthening mechanisms 
                for Pakistan-Afghanistan cooperation.
          (3) A financial plan and description of the 
        resources, programming, and management of United States 
        foreign assistance to Pakistan, including the criteria 
        used to determine their prioritization.
          (4) A complete description of both the evaluation 
        process for reviewing and adjusting the strategy and 
        implementation as necessary, and measures of 
        effectiveness for the implementation of the strategy.
  (c) Intelligence Support.--The President, after consultation 
with the Director of National Intelligence, shall provide 
intelligence support to the development of the comprehensive 
interagency strategy and implementation plan required by 
subsection (a).
  (d) Updates of Strategy.--The President shall transmit in 
writing to the appropriate congressional committees any updates 
of the comprehensive interagency strategy and implementation 
plan required by subsection (a), as necessary.

SEC. 4. AUTHORIZATION OF ASSISTANCE FOR PAKISTAN.

  (a) Foreign Assistance Act of 1961.--There is authorized to 
be appropriated to the President, for the purposes of providing 
assistance to Pakistan under the Foreign Assistance Act of 1961 
(22 U.S.C. 2151 et seq.), $1,500,000,000 or such sums as may be 
necessary for each of the fiscal years 2010 through 2013.
  (b) Pakistan Counterinsurgency Capability Fund.--There is 
authorized to be appropriated to the President, for the 
purposes of building a more effective counterinsurgency 
capability in Pakistan's security forces, up to $700,000,000 
for the Pakistan Counterinsurgency Capability Fund, for fiscal 
year 2010.
  (c) Use of Funds.--Amounts authorized to be appropriated 
under this section or otherwise made available to carry out 
this Act shall be used to the maximum extent practicable as 
direct expenditures for programs, projects, and activities, 
subject to existing reporting and notification requirements.

SEC. 5. CONGRESSIONAL BRIEFING AND NOTIFICATION REQUIREMENTS.

  (a) Briefing.--Not later than 30 days after the date of the 
transmission of the comprehensive interagency strategy and 
implementation plan required by section 3, and quarterly 
thereafter through December 1, 2013, the President, acting 
through the Secretary of State and the Secretary of Defense, 
shall brief the appropriate congressional committees on the 
status of the comprehensive interagency strategy and 
implementation plan.
  (b) Notification.--The President shall notify the appropriate 
congressional committees not later than 30 days prior to 
obligating any assistance described in section 4 as budgetary 
support to the Government of Pakistan or to any persons, 
agencies, instrumentalities, or elements of the Government of 
Pakistan and shall describe the purpose and conditions attached 
to any such budgetary support assistance. The President shall 
notify the appropriate congressional committees not later than 
30 days prior to obligating any other type of assistance 
described in section 4.

SEC. 6. DEFINITION.

  In this Act, the term ``appropriate congressional 
committees'' means--
          (1) the Committee on Appropriations, the Committee on 
        Armed Services, the Committee on Foreign Affairs, and 
        the Permanent Select Committee on Intelligence of the 
        House of Representatives; and
          (2) the Committee on Appropriations, the Committee on 
        Armed Services, the Committee on Foreign Relations, and 
        the Select Committee on Intelligence of the Senate.
      Amend the title so as to read: ``A bill to require the 
President to develop a comprehensive interagency strategy and 
implementation plan for long-term security and stability in 
Pakistan, and for other purposes.''.

    SUMMARY OF AMENDMENTS IN PART C TO BE MADE IN ORDER TO H.R. 2410

    1. Berman (CA) Manager's Amendment which (1) makes a number 
of minor, technical and conforming changes, including changes 
to address concerns of other Committees that have jurisdiction 
over certain provisions of H.R. 2410 and making changes to 
certain authorizations; (2) adds the relevant text from H.R. 
2828, 110th Congress, as passed by the House, relating to 
compensation of Foreign Service victims of terrorism; (3) adds 
a provision relating to streamlining export controls to better 
serve the scientific and research community, consistent with 
the protection of U.S. national security interests; (4) adds a 
provision on monitoring and evaluating certain provision U.S. 
overseas activities; (5) adds a provision to improve the 
stabilization and reconstruction activities of the Department 
of State; (6) adds a provision on implementation of an 
international nuclear fuel bank; (7) adds a provision relating 
to the development of a food security strategy; (8) adds 
certain other sense of congress provisions; and (9) adds a new 
subsection to section 334 providing that nothing in that 
section shall be construed as affecting existing statutory 
prohibitions relating to abortion. (20 minutes)
    2. Ros-Lehtinen (FL) Would require the Secretary of State 
to withhold from the U.S. contribution to the International 
Atomic Energy Agency an amount equal to nuclear technical 
cooperation provided by the IAEA in 2007 to Iran, Syria, Sudan 
and Cuba. (10 minutes)
    3. Polis (CO) Would broaden the experience within the 
Foreign Service and encourage Foreign Service officers to 
pursue a functional specialty by making it mandatory to develop 
a functional focus during an officer's first two years as well 
as creating a more diverse promotions panel where functional 
and regional specialists are evenly distributed. It would 
require the State Department to make materials from libraries 
and resource centers, including U.S. films available over the 
Internet when possible and for the advisory commission on 
public diplomacy to gauge the effectiveness of online outreach 
authorized under section 214. (10 minutes)
    4. Hunter (CA) Would include the Secretary of Defense as a 
member of the Task Force on the Prevention of Illicit Small 
Arms Trafficking in the Western Hemisphere. (10 minutes)
    5. Nadler (NY) Sense of Congress that the United States 
should continue working with the states of the former Soviet 
Union to see that emigres from these states who now live in the 
United States are paid the pensions they are owed by these 
states. (10 minutes)
    6. McCaul (TX) Would direct the President to develop and 
transmit to the appropriate congressional committees a 
comprehensive interagency strategy and implementation plan to 
address the ongoing crisis in Sudan. This includes a 
description of how the United States assistance will be used to 
achieve a U.S. policy towards Sudan, financial plan, management 
of U.S. foreign assistance, and criteria used to determine 
their prioritization. (10 minutes)
    7. Rick Larsen (WA)/Kirk (IL) Would provide that the policy 
of the United States, with respect to the UN Framework 
Convention on Climate Change, shall be to prevent any weakening 
of, and ensure robust compliance with and enforcement of, 
existing international legal requirements for the protection of 
intellectual property rights, related to energy or 
environmental technologies. (10 minutes)
    8. Sessions (TX) Sense of Congress that Israel has the 
right to defend itself from an imminent nuclear or military 
threat from Iran and other countries and organizations. (10 
minutes)
    9. Susan Davis (CA)/Grayson (FL) Would require the 
Inspectors General of the Department of State, the Department 
of Defense, the United States Agency for International 
Development, and the Special Inspector General for Afghanistan 
Reconstruction to modify their auditing and assessment 
protocols for Afghanistan to include the impact U.S. 
development assistance has on the social, economic, and 
political empowerment of Afghan women as part of their auditing 
and reporting requirements. (10 minutes)
    10. Brown-Waite (FL) Would strike Sec. 505, domestic 
release of the Voice of America film entitled ''A Fateful 
Harvest''. (10 minutes)
    11. Holt (NJ) Would direct the Secretary of State to report 
within 60 days of enactment on changes in treaty and U.S. laws 
that could help improve compliance with the Hague Convention on 
the Civil Aspects of International Child Abduction. (10 
minutes)
    12. Brown-Waite (FL) Would strike section 303, 
establishment of the Lessons Learned Center. (10 minutes)
    13. Tim Bishop (NY) Would require a GAO study of the 
effects of USAID's use of waivers under the Buy America Act for 
HIV test kits on 1) United States-based manufacturers and 2) 
availability of and access to HIV testing for at-risk 
populations in low-income countries. (10 minutes)
    14. Gwen Moore (WI) Would make clear that passage of laws 
in Afghanistan that restrict or repress human rights, including 
the rights of women, undermines the support and goodwill shown 
by the international community and the U.S. through the 
considerable financial aid that has been provided to help 
rebuild Afghanistan and may make it harder to generate public 
support for those seeking to provide such support in the 
future. (10 minutes)
    15. Royce (CA) Sense of Congress that Eritrea's support for 
armed insurgents in Somalia poses a direct threat to the 
national security interests of the United States, that the 
Secretary of State should designate Eritrea a State Sponsor of 
Terrorism, and that the United Nations Security Council should 
impose sanctions against Eritrea. (10 minutes)
    16. Gregory Meeks (NY) Would require the Secretary of State 
to report to Congress on bilateral efforts to promote equality 
and eliminate racial discrimination in the Western Hemisphere. 
(10 minutes)
    17. Matheson (UT) Would provide that the Secretary of 
State, in consultation with the Attorney General and the 
Director of the Census Bureau, will conduct a feasibility study 
and issue a report to Congress on whether there can be 
implemented a method for using the passports of U.S. citizens 
living overseas to facilitate voting in U.S. elections and for 
being counted in the U.S. Census. (10 minutes)
    18. Kirkpatrick (AZ) Would add to the monitoring and 
evaluation system established in the bill a requirement to look 
at the illegal southbound flow of cash. (10 minutes)
    19. Kirk (IL) Would allow the Secretary of State, at her 
discretion, to make payments from the Rewards for Justice 
program to officers or employees of foreign governments who 
provide information leading to the capture of exceptional and 
high-profile terrorists. (10 minutes)
    20. Lynch (MA) Would direct the State Department to submit 
to Congress a report on the 1059 and 1244 Special Immigrant 
Visa Programs for certain Iraqis and Afghanis who work for, or 
on behalf of, the U.S. Government. (10 minutes)
    21. Hill (IN) Would require the Department of State to 
conduct a cost-benefit analysis in conjunction with all 
appropriate Federal departments and agencies on how to best use 
American funds to reduce smuggling and trafficking in persons. 
(10 minutes)
    22. Peters (MI) Would provide that the Secretary of State 
shall report to Congress on the flow of people, goods, and 
services across the international borders shared by the U.S., 
Canada, Mexico, Bermuda, and the Caribbean region. (10 minutes)
    23. Teague (NM)/Titus (NV)/Giffords (AZ) Would create the 
Global Clean Energy Exchange Program a program to strengthen 
research, educational exchange, and international cooperation 
with the aim of promoting the development and deployment of 
clean and efficient energy technologies. (10 minutes)
    24. Eddie Bernice Johnson (TX) Would establish and provide 
financial assistance for exchange programs between Afghanistan 
and the United States for women legislators. (10 minutes)
    25. Eddie Bernice Johnson (TX) Sense of Congress that the 
use of child soldiers is unacceptable and is a violation of 
human rights and the prevention and elimination of child 
soldiers should be a foreign policy goal of the United States. 
(10 minutes)
    26. Poe (TX) Would make it a two year requirement for the 
President to report total U.S. cash and in-kind contributions 
to the entire United Nations system each fiscal year by every 
U.S. agency or department. (10 minutes)
    27. Castle (DE)/Dent (PA) Would require reports to Congress 
every 90 days listing the countries that refuse or unreasonably 
delay accepting nationals of such countries who are under final 
orders of removal from the United States. The amendment 
empowers the Secretary of State to suspend diplomatic visa 
issuances to any country that continues to deny or unreasonably 
delay repatriation. (10 minutes)

      PART C--TEXT OF AMENDMENTS TO BE MADE IN ORDER FOR H.R. 2410


 1. An Amendment To Be Offered by Representative Berman of California, 
               or His Designee, Debatable for 20 Minutes

  Page 12, line 3, strike ``$100,000,000'' and insert 
``$105,500,000''.

  Page 15, beginning line 20, strike ``such sums as may be 
necessary'' and insert ``$115,000,000''.

  Page 17, line 12, insert ``in'' before ``section''.

  Page 43, line 12, strike ``live'' and insert ``live and work, 
or study or volunteer,''.

  In section 226, redesignate subsections (d) through (k) as 
subsection (e) through (l) and insert after subsection (c) the 
following:

  (d) Use of Funds.--Paragraph (2) of subsection (c) of section 
207 of such Act is amended to read as follows:
          ``(2) Use of funds.--All or part of the amounts 
        allotted for the Foundation under paragraph (1) may be 
        transferred to the Foundation or to the appropriate 
        Department of State appropriation for the purpose of 
        carrying out or supporting the Foundation's 
        activities.''.

  Page 60, beginning line 4, strike ``a refugee or asylee 
spouse'' and insert ``a spouse of a refugee or of a person who 
has been granted asylum''.

  Page 60, line 5, strike ``biological'' and insert ``birth''.

  Page 60, strike lines 8 through 20 and insert the following:

  (d) ERMA Account.--Section 2(c)(2) of the Migration and 
Refugee Assistance Act of 1962 (22 U.S.C. 2601(c)(2)) is 
amended by striking ``$100,000,000'' and inserting 
``$200,000,000''.

  Page 61, line 14, insert ``, including children, as 
appropriate,'' after ``refugees''.

  Page 61, line 18, strike ``pilot''.

  Page 64, line 2, strike ``shall'' and insert ``should''.

  Page 64, line 6, insert ``during this refugee crisis'' before 
the period.

  Page 64, line 9, strike ``the National Security Council,''.

  Page 64, line 11, insert ``the Department of Defense,'' 
before ``the United States''.

  Page 65, line 2, strike ``such'' and insert ``refugee''.

  Page 65, line 11, strike ``and'' and insert ``, the 
International Committee of the Red Cross,''.

  Page 65, line 12, strike ``such other'' and insert ``and 
other appropriate''.

  Page 69, beginning line 8, strike ``applicants and'' and 
insert ``applicants, including any effect such method may have 
on an interviewer's ability to determine an applicant's 
credibility and uncover fraud, and shall''.

  Page 82, line 13, after ``committees'' insert ``and the 
Committee on Armed Services of the House of Representatives and 
the Committee on Armed Services of the Senate''.

  Page 110, after line 25, insert the following:

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

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

  Page 112, line 15, strike ``equal to'' and insert ``up to''.

  Page 112, line 19, strike ``equal to'' and insert ``up to''.

  Page 129, line 4, insert ``and support for'' after 
``cooperation with''.

  Page 129, line 4, strike ``government'' and insert 
``government's efforts''.

  Page 131, line 24, strike ``coordinate'' and insert ``assist 
in the coordination of''.

  Page 133, line 19, strike ``subparagraph (A) and (B)'' and 
insert ``this section''.

  Page 133, beginning line 25, strike ``of or trafficking in'' 
and insert ``or distribution of''.

  Page 134, line 15, strike ``of or trafficking in'' and insert 
with ``or distribution of''.

  Page 145, after line 8, insert the following:

  (e) Relationship to Other Laws Regarding Abortion.--Nothing 
in this section, and in particular the duties of the office 
described in subsection (c), shall be construed as affecting in 
any way existing statutory prohibitions against abortion or 
existing statutory prohibitions on the use of funds to engage 
in any activity or effort to alter the laws or policies in 
effect in any foreign country concerning the circumstances 
under which abortion is permitted, regulated, or prohibited.

  Page 145, line 9, strike ``(e)'' and insert ``(f)''.

  Page 145, after line 13, insert the following:

SEC. 335. FOREIGN SERVICE VICTIMS OF TERRORISM.

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

  Page 157, line 8, strike ``State'' and insert ``State, in 
consultation with the Secretary of Energy,''.

  Page 157, line 9, strike ``Committee'' and all that follows 
through ``Senate'' on line 11 and insert ``appropriate 
congressional committees and the Committee on Armed Services of 
the House of Representatives and the Committee on Armed 
Services of the Senate''.

  Page 160, line 3, after ``appropriate congressional 
committees'' insert ``and the Committee on Armed Services of 
the House of Representatives and the Committee on Armed 
Services of the Senate''.

  Page 163, after line 2, insert the following:

SEC. 418, IMPLEMENTING AN INTERNATIONAL NUCLEAR FUEL BANK.

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

  Page 164, line 17, strike ``200'' and insert ``125''.

  Page 181, line 17, insert before the semicolon the following: 
``, and four year colleges and universities demonstrating an 
institutional commitment to increasing study abroad 
participation''.

  Page 184, line 11, strike ``majority leader'' and insert 
``Speaker''.

  Page 240, strike line 10 and all that follows through page 
241, line 9 and insert the following:

  (a) In General.--Section 38(c) of the Arms Export Control Act 
(22 U.S.C. 2778(c)) is amended to read as follows:
  ``(c) Criminal Penalties for Violations of This Section and 
Section 39.--Whoever willfully--
          ``(1) violates this section or section 39, or
          ``(2) in a registration or license application or 
        required report, makes any untrue statement of a 
        material fact or omits to state a material fact 
        required to be stated therein or necessary to make the 
        statements therein not misleading,
shall be fined not more than $1,000,000 or imprisoned not more 
than 20 years, or both.''.

  Page 242, after line 14, insert the following:

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

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

  Page 243, strike lines 19 through 23 and insert the 
following:

  (d) Formulation and Execution of Activities.--
          (1) Coordination with certain programs.--To the 
        extent that activities are carried out during a fiscal 
        year pursuant to section 1206 of the National Defense 
        Authorization Act for Fiscal Year 2006 (Public Law 109-
        163: 119 Stat. 3456), the Secretary of State shall 
        coordinate with the Secretary of Defense on the 
        formulation and execution of the program authorized 
        under subsection (a) to ensure that the activities 
        under this program complement the activities carried 
        out pursuant to such section 1206.
          (2) Consultation.--The Secretary of State may also 
        consult with the head of any other appropriate 
        department or agency in the formulation and execution 
        of the program authorized under subsection (a).

  Page 252, after line 11, insert the following:

  (d) Rule of Construction.--Nothing in this section shall be 
construed to authorize appropriations for the Arrow Weapons 
System or David's Sling weapons program under any provision of 
law that is funded from accounts within budget function 050 
(National Defense).

  Page 264, beginning line 1, insert the following:

          (3) Sense of congress.--It is the sense of Congress 
        that, to the extent practicable, and without 
        compromising law enforcement sensitive or other 
        protected information, the reports required by 
        paragraph (1) should be made available to the Congress 
        of Mexico for use in their oversight activities, 
        including through the Mexico-United States Inter-
        Parliamentary Group process.

  Page 264, beginning line 17, strike ``develop a strategy for 
the Federal Government to improve'' and insert ``evaluate''.

  Page 264, line 24, insert ``and enforcement of current 
regulations'' after ``regulation''.

  Page 265, strike lines 1 through 5 and insert the following:

          (2) evaluate Federal policies, including enforcement 
        policies, for control of exports of small arms and 
        light weapons and, if warranted, suggest improvements 
        that further the foreign policy and national security 
        interests of the United States within the Western 
        Hemisphere.

  Strike section 912 and insert the following:

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

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

  Page 267, strike lines 15 through 20.

  Page 273, line 11, after the period insert the following: 
``The United States should urge the European Union, its member 
states, and the international community to call for an 
immediate and complete withdrawal of Russian troops deployed 
within Georgia in accordance with the August and September 2008 
ceasefire agreements and for Russia to rescind its recognition 
of the independence of Abkhazia and South Ossetia.''.

  Page 275, line 17, strike ``Congress'' and insert ``the 
appropriate congressional committees and the Committee on Armed 
Services of the House of Representatives and the Committee on 
Armed Services of the Senate''.

  Page 281, after line 14, insert the following:

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

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

  Page 304, line 7, insert ``contribute to peace and security 
and'' before ``help''.

  Page 304, strike line 17 and all that follows through page 
305, line 15, and insert the following:

          (A) assist partner countries to establish and 
        strengthen the institutional infrastructure required 
        for such countries to achieve self-sufficiency in 
        participating in peace support operations, including 
        for the training of formed police units;
          (B) train peacekeepers worldwide to increase global 
        capacity to participate in peace support operations;
          (C) provide transportation and logistics support to 
        deploying peacekeepers as appropriate;
          (D) enhance the capacity of regional and sub-regional 
        organizations to train for, plan, deploy, manage, 
        obtain, and integrate lessons learned from peace 
        operations;
          (E) support multilateral approaches to coordinate 
        international contributions to peace support operations 
        capacity building efforts; and

  Page 305, line 16, strike ``(H)'' and insert ``(F)''.

  Page 306, after line 10, insert the following:

          (4) Relation to other programs and activities.--The 
        activities described under paragraph (1)(F) may be 
        coordinated or conducted in conjunction with other 
        foreign assistance programs and activities of the 
        United States, as appropriate and in accordance with 
        United States law.

  Page 307, strike lines 12 through 14.

  Page 307, line 15, strike ``(F)'' and insert ``(E)''.

  Page 307, line 15, strike ``data'' and insert 
``information''.

  Page 307, line 19, strike ``(G)'' and insert ``(F)''.

  Page 307, line 23, strike ``(H)'' and insert ``(G)''.

  Page 307, line 23, strike ``data measuring'' and insert 
``information concerning''.

  Page 308, line 1, strike ``(I)'' and insert ``(H)''.

  Page 308, beginning line 5, strike ``such sums as may be 
necessary for each of fiscal years 2010 and 2011'' and insert 
``$140,000,000 for fiscal year 2010 and such sums as may be 
necessary for fiscal year 2011''.

  Page 325, after line 19, insert the following:

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

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

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

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

SEC. 1115. GLOBAL HUNGER AND FOOD SECURITY.

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

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

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

  Strike section 1122.

  Strike section 1123.

  Page 341, after line 18, insert the following:

SEC. 1129. SENSE OF CONGRESS RELATING TO THE MURDER OF UNITED STATES 
                    AIR FORCE RESERVE MAJOR KARL D. HOERIG AND THE NEED 
                    FOR PROMPT JUSTICE IN STATE OF OHIO V. CLAUDIA C. 
                    HOERIG.

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


    2. An Amendment To Be Offered by Representative Ros-Lehtinen of 
           Florida, or Her Designee, Debatable for 10 Minutes

  At the end of subtitle B of title IV, add the following:

SEC. 418. WITHHOLDING OF CONTRIBUTIONS EQUAL TO NUCLEAR TECHNICAL 
                    COOPERATION PROVIDED TO IRAN, SYRIA, SUDAN AND CUBA 
                    IN 2007.

  The Secretary of State shall withhold $4,472,100 from the 
United States contribution for fiscal year 2010 to the 
regularly assessed budget of the International Atomic Energy 
Agency.
                              ----------                              


 3. An Amendment To Be Offered By Representative Polis of Colorado, or 
                 His Designee, Debatable for 10 minutes

  Page 26, line 21, insert ``and, if practicable, made 
available over the internet'' after ``general public''.
  Page 27, line 7, insert before the period the following: ``, 
including making such films available over the internet, if 
practicable''.
  Page 27, line 16, insert ``, including online outreach,'' 
after ``resource centers''.
  At the end of subtitle C of title III, insert the following:

SEC. 3__. BROADENING EXPERIENCE WITHIN THE FOREIGN SERVICE.

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


 4. An Amendment To Be Offered by Representative Hunter of California, 
               or His Designee, Debatable for 10 Minutes

    In section 911(c), redesignate paragraphs (3) and (4) as 
paragraphs (4) and (5).
    In section 911(c), insert after paragraph (2) the 
following:
    (3) the Secretary of Defense;
                              ----------                              


5. An Amendment To Be Offered by Representative Nadler of New York, or 
                 His Designee, Debatable for 10 Minutes

  At the end of subtitle B of title XI, add the following:

SEC. 11__. SENSE OF CONGRESS REGARDING PENSION PAYMENTS OWED BY THE 
                    STATES OF THE FORMER SOVIET UNION.

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


6. An Amendment To Be Offered by Representative McCaul of Texas, or His 
                   Designee, Debatable for 10 Minutes

  At the end of subtitle A of title XI, add the following:

SEC. 11__. COMPREHENSIVE INTERAGENCY STRATEGY AND IMPLEMENTATION PLAN 
                    FOR SUDAN.

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


 7. An Amendment To Be Offered by Representative Larsen of Washington, 
               or His Designee, Debatable for 10 Minutes

  At the end of subtitle A of title XI, add the following:

SEC. 11__. STATEMENT OF POLICY REGARDING CLIMATE CHANGE.

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


 8. An Amendment To Be Offered by Representative Sessions of Texas, or 
                 His Designee, Debatable for 10 Minutes

  At the end of subtitle B of title XI, add the following:

SEC. 11__. SENSE OF CONGRESS RELATING TO ISRAEL'S RIGHT TO SELF-
                    DEFENSE.

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


9. An Amendment To Be Offered by Representative Davis of California, or 
                 Her Designee, Debatable for 10 Minutes

  At the end of subtitle A of title XI, add the following:

SEC. 11__. AUDIT REQUIREMENTS FOR THE INSPECTORS GENERAL OF THE 
                    DEPARTMENT OF STATE, THE DEPARTMENT OF DEFENSE, AND 
                    THE UNITED STATES AGENCY FOR INTERNATIONAL 
                    DEVELOPMENT, AND THE SPECIAL INSPECTOR GENERAL FOR 
                    AFGHANISTAN RECONSTRUCTION.

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


    10. An Amendment To Be Offered by Representative Brown-Waite of 
           Florida, or Her Designee, Debatable for 10 Minutes

  Strike section 505.
                              ----------                              


11. An Amendment To Be Offered by Representative Holt of New Jersey, or 
                 His Designee, Debatable for 10 Minutes

  At the end of title X, add the following:

SEC. 10__. REPORT ON CHILD ABDUCTION.

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


    12. An Amendment To Be Offered by Representative Brown-Waite of 
           Florida, or Her Designee, Debatable for 10 Minutes

  Strike section 303.
                              ----------                              


13. An Amendment To Be Offered by Representative Bishop of New York, or 
                 His Designee, Debatable for 10 Minutes

  At the end of title X of the bill, add the following new 
section:

SEC. 1012. REPORT ON EFFECTS OF BUY AMERICA ACT WAIVERS UNDER THE 
                    PEPFAR PROGRAM.

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


14. An Amendment T Be Offered by Representative Moore of Wisconsin, or 
                 Her Designee, Debatable for 10 Minutes

  In section 1107, redesignate paragraphs (4) and (5) as 
paragraphs (5) and (6), respectively.
  In section 1107, insert after paragraph (3) the following:
          (4) recognizes that actions limiting or suppressing 
        the human rights of Afghan women and girls undermines 
        the intent of the significant financial and training 
        contributions that the United States and international 
        community have provided to rebuild the country and to 
        help establish institutions that protect and promote 
        respect of basic and fundamental human rights to 
        overcome the devastating damage to those rights from 
        years of Taliban rule.
                              ----------                              


 15. An Amendment To Be Offered by Representative Royce of California, 
               or His Designee, Debatable for 10 minutes

  At the end of subtitle B of title XI, add the following:

SEC. 11__. SENSE OF CONGRESS RELATING TO ERITREA.

  (a) Findings.--Congress finds the following:
          (1) Section 6(j) of the Export Administration Act of 
        1979, section 40 of the Arms Export Control Act, and 
        section 640A of the Foreign Assistance Act of 1961 
        stipulate that a designated state sponsor of terrorism 
        is one ``that repeatedly provides support to acts of 
        international terrorism''.
          (2) Eritrea repeatedly has provided support for 
        terrorists in Somalia, including the al-Shabaab 
        insurgent group, which maintains links to the al-Qaeda 
        network, and has been designated a Foreign Terrorist 
        Organization by the Secretary of State pursuant to 
        section 219 of the Immigration and Nationality Act 
        (INA), as amended.
          (3) The UN Sanctions Monitoring Group on Somalia, 
        established by a committee of the United Nations 
        Security Council pursuant to resolutions 751 (1992) and 
        1519 (2003), reported in July 2007 that ``huge 
        quantities of arms have been provided to the Shabaab by 
        and through Eritrea,'' and ``the weapons in caches and 
        otherwise in possession of the Shabaab include an 
        unknown number of surface-to-air missiles, suicide 
        belts, and explosives with timers and detonators''.
          (4) On August 17, 2007, former Assistant Secretary of 
        State for African Affairs Jendayi Frazer stated, 
        ``Eritrea has played a key role in financing, funding 
        and arming the terror and insurgency activities which 
        are taking place in Somalia, and is the primary source 
        of support for that insurgency and terror activity.''.
          (5) In September 2007, Eritrea hosted the Congress 
        for Somali Liberation and Reconciliation conference, 
        offering sanctuary to al-Qaeda linked factions of the 
        Somali opposition, including Sheik Hassan Dahir Aweys, 
        who has been designated as a terrorist under Executive 
        Order No. 13224 and United Nations Security Council 
        Resolution 1267 for his associations with al-Qaeda, and 
        since has provided substantial political, diplomatic, 
        financial and military support to the Asmara-based 
        Alliance for the Reconstruction of Somalia (ARS) led by 
        Aweys.
          (6) In April 2008, the UN Sanctions Monitoring Group 
        on Somalia reported, ``the Government of Eritrea 
        continues to provide support to groups that oppose the 
        Transitional Federal Government in the form of arms and 
        military training to fighters of the Shabaab,'' and 
        that on or about January 8, 2008, an arms shipment from 
        Eritrea arrived in Mogadishu containing dismantled RPG-
        7s, hand grenades, anti-tank mines, detonators, 
        pistols, mortar shells, AK-47 assault rifles, PKM 
        machine guns, RPG-2s, small mortars, FAL assault 
        rifles, rifle-fired grenades for the FAL, M-16s and 
        explosives.
          (7) The April 2008 report of the UN Sanctions 
        Monitoring Group also found that, ``towards the end of 
        2007, about 120 fighters of the Shabaab travelled to 
        Eritrea for the purpose of attending military training 
        at a military base located near the Ethiopian border.''
          (8) In its December 2008 report, the UN Sanctions 
        Monitoring Group on Somalia identified Eritrea as a 
        ``principal violator'' of the arms embargo on Somalia 
        and asserted that ``Eritrean arms embargo violations 
        take place with the knowledge and authorization of 
        senior officials within the Eritrean Government and the 
        ruling People's Front for Democracy and Justice 
        (PFDJ).''.
          (9) In testimony before the Senate Permanent Select 
        Committee on Intelligence on February 12, 2009, 
        Director of the Defense Intelligence Agency Lieutenant 
        General Michael Maples stated, ``Senior East Africa-
        based al-Qaida operatives remain at large and likely 
        continue attack planning against U.S. and Western 
        interests in the region,'' and ``Recent propaganda from 
        both al-Qaida and the Somalia-based terrorist group al-
        Shabaab highlighting their shared ideology suggests a 
        formal merger announcement is forthcoming.''.
          (10) On May 20, 2009, Assistant Secretary of State 
        for Africa Affairs Johnnie Carson testified before the 
        Senate Foreign Relations Committee that, ``al-Shabaab . 
        . . continues to harbor terrorists, target civilians 
        and humanitarian workers, and attempt to overthrow the 
        TFG through violent means,'' and that ``a loose 
        coalition of forces under the banner of Hizbul al-
        Islam, have been attacking TFG forces and other 
        moderates in Mogadishu in an attempt to forcefully 
        overthrow the transitional government. We have clear 
        evidence that Eritrea is supporting these extremist 
        elements, including credible reports that the 
        Government of Eritrea continues to supply weapons and 
        munitions to extremists and terrorist elements.''.
          (11) Assistant Secretary Carson also testified, 
        ``There is also clear evidence of an al-Qaeda presence 
        in Somalia. In 2008, East Africa al-Qaeda operative 
        Saleh al-Nabhan distributed a video showing training 
        camp activity in Somalia and inviting foreigners to 
        travel there for training. A small number of senior Al-
        Qaeda operatives have worked closely with al-Shabaab 
        leaders in Somalia, where they enjoy safe haven. We 
        have credible reports of foreigners fighting with al-
        Shabaab.''.
          (12) On May 14, 2009, Ian Kelly, Spokesman for the 
        U.S. Department of State, stated, ``Over the past week, 
        extremists in Mogadishu have repeatedly attacked the 
        people of Somalia and the Transitional Federal 
        Government in pursuit of a radical agenda that can only 
        promote further acts of terrorism and lead to greater 
        regional instability. Eritrea has been instrumental in 
        facilitating support of the extremists to commit these 
        attacks..''
          (13) In a Presidential Statement issued on May 18, 
        2009, the UN Security Council expressed ``concern over 
        reports that Eritrea has supplied arms to those 
        opposing the Transitional Federal Government of Somalia 
        in breach of the UN arms embargo, and called on the UN 
        Sanctions Monitoring Group to investigate''.
          (14) On May 21, 2009, the Inter Governmental 
        Authority on Development (IGAD), a regional group made 
        up of Djibouti, Ethiopia, Kenya, Somalia, Sudan and 
        Uganda, stated, ``The government of Eritrea and its 
        financiers continue to instigate, finance, recruit, 
        train, fund and supply the criminal elements in and/or 
        to Somalia,'' and called on the Security Council of the 
        United Nations ``to impose sanctions on the government 
        of Eritrea without any further delay.''.
          (15) The Peace and Security Council of the African 
        Union, at its 190th meeting held on May 22, 2009, 
        issued a communique expressing, ``deep concern at the 
        reports regarding the support provided to these armed 
        groups, through training, provision of weapons and 
        ammunitions and funding, by external actors, including 
        Eritrea, in flagrant violation of the United Nations 
        arms embargo'' and called on the UN Security Council to 
        impose sanctions against Eritrea.
  (b) Sense of Congress.--It is the sense of Congress that--
          (1) Eritrea's ongoing and well-documented support for 
        armed insurgents in Somalia, including for designated 
        Foreign Terrorist Organizations and individuals linked 
        to the deadly bombings by al-Qaeda of the United States 
        Embassies in Nairobi, Kenya and Dar es Salaam, Tanzania 
        in 1998, poses a significant threat to the national 
        security interests of the United States and East 
        African nations;
          (2) the Secretary of State should designate the State 
        of Eritrea as a State Sponsor of Terrorism pursuant to 
        section 6(j) of the Export Administration Act of 1979, 
        section 40 of the Arms Export Control Act, and section 
        640A of the Foreign Assistance Act of 1961; and
          (3) the United Nations Security Council should impose 
        sanctions against the State of Eritrea until such time 
        as it ceases its support for armed insurgents, 
        including radical Islamist militants, engaged in 
        destabilizing activities in Somalia.
                              ----------                              


16. An Amendment To Be Offered by Representative Meeks of New York, or 
                 His Designee, Debatable for 10 Minutes

  At the end of title X, insert the following:

SEC. 10__. REPORT ON UNITED STATES-BRAZIL JOINT ACTION PLAN TO 
                    ELIMINATE RACIAL DISCRIMINATION.

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


 17. An Amendment To Be Offered by Representative Matheson of Utah, or 
                 His Designee, Debatable for 10 Minutes

  At the end of subtitle C of title II, add the following:

SEC. 239. STUDY REGARDING USE OF PASSPORTS FOR OVERSEAS VOTING AND 
                    CENSUS.

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


    18. An Amendment To Be Offered by Representative Kirkpatrick of 
           Arizona, or Her Designee, Debatable for 10 Minutes

  Page 264, beginning line 1, insert the following:

                  (K) Flow of illegal funds.--A description and 
                assessment of efforts to reduce the southbound 
                flow of illegal funds.
                              ----------                              


 19. An Amendment To Be Offered by Representative Kirk of Illinois, or 
                 His Designee, Debatable for 10 Minutes

  At the end of subtitle A of title II, add the following:

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

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


       20. An Amendment To Be Offered by Representative Lynch of 
        Massachusetts, or His Designee, Debatable for 10 Minutes

  Page 73, after line 21, insert the following (and amend the 
table of contents accordingly):

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

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


 21. An Amendment To Be Offered by Representative Hill of Indiana, or 
                 His Designee, Debatable for 10 Minutes

  At the end of title X, insert the following:

SEC. 10__. REPORT ON REDUCING SMUGGLING AND TRAFFICKING IN PERSONS.

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


22. An Amendment To Be Offered by Representative Peters of Michigan, or 
                 His Designee, Debatable for 10 Minutes

  At the end of Title X, insert the following:

SEC. 10__. REPORT ON WESTERN HEMISPHERE TRAVEL INITIATIVE.

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


23. An Amendment To Be Offered by Representative Teague of New Mexico, 
               or His Designee, Debatable for 10 Minutes

  At the end of subtitle A of title XI, insert the following:

SEC. 11__. GLOBAL CLEAN ENERGY EXCHANGE PROGRAM.

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


24. An Amendment To Be Offered by Representative Eddie Bernice Johnson 
          of Texas, or Her Designee, Debatable for 10 Minutes

  At the end of subtitle B of title II, add the following:

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

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


25. An Amendment To Be Offered by Representative Eddie Bernice Johnson 
          of Texas, or Her Designee, Debatable for 10 Minutes

  At the end of subtitle B of title XI, add the following:

SEC. 11__. INTERNATIONAL PREVENTION AND ELIMINATION OF CHILD SOLDIERS.

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


 26. An Amendment To Be Offered by Representative Poe of Texas, or His 
                   Designee, Debatable for 10 Minutes

  At the end of title X, insert the following:

SEC. 10__. REPORT ON UNITED STATES CONTRIBUTIONS TO THE UNITED NATIONS.

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


27. An Amendment To Be Offered by Representative Castle of Delaware, or 
                 His Designee, Debatable for 10 Minutes

  At the end of subtitle A of title XI, add the following (and 
amend the table of contents accordingly):

SEC. 11__. ALIEN REPATRIATION.

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

                                  
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