H.R.2410 - Foreign Relations Authorization Act, Fiscal Years 2010 and 2011111th Congress (2009-2010)
|Sponsor:||Rep. Berman, Howard L. [D-CA-28] (Introduced 05/14/2009)|
|Committees:||House - Foreign Affairs | Senate - Foreign Relations|
|Committee Reports:||H. Rept. 111-136|
|Latest Action:||06/22/2009 Received in the Senate and Read twice and referred to the Committee on Foreign Relations. (All Actions)|
|Major Recorded Votes:||06/10/2009 : Passed House|
This bill has the status Passed House
Here are the steps for Status of Legislation:
- Passed House
Summary: H.R.2410 — 111th Congress (2009-2010)All Bill Information (Except Text)
Passed House amended (06/10/2009)
Division A: Foreign Relations Authorization Act, Fiscal Years 2010 and 2011- Foreign Relations Authorization Act, Fiscal Years 2010 and 2011- Title I: Authorization of Appropriations - (Sec. 101) Authorizes FY2010-FY2011 appropriations for the Department of State (Department) to carry diplomatic and consular affairs, including: (1) worldwide security protection; (2) public diplomacy; (3) the Bureau of Democracy, Human Rights, and Labor; (4) the Capital Investment Fund; (5) embassy security, construction, and maintenance; (6) educational and cultural exchange programs; (7) the Tibetan scholarship program; (8) the Ngawang Choepel exchange programs (formerly known as programs of educational and cultural exchange between the United States and the people of Tibet); (9) the Civilian Stabilization Initiative; (9) representation allowances; (10) protection of foreign missions and officials and related state and local government reimbursements; (11) emergencies in the diplomatic and consular service; (12) repatriation loans; (13) the American Institute in Taiwan; (14) Office of the Inspector General; (15) the Special Inspector General for Iraq Reconstruction; and (16) the Special Inspector General for Afghanistan Reconstruction.
(Sec. 102) Authorizes FY2010-FY2011 appropriations for: (1) contributions to international organizations; (2) contributions for international peacekeeping activities; and (3) foreign currency exchange rates.
(Sec. 103) Authorizes FY2010-FY2011 appropriations for: (1) the International Boundary and Water Commission, United States and Mexico; (2) the International Boundary Commission, United States and Canada; (3) the International Joint Commission; and (4) the International Fisheries Commission.
(Sec. 104) Authorizes FY2010-FY2011 appropriations for: (1) migration and refugee assistance; and (2) refugee resettlement in Israel.
(Sec. 105) Authorizes FY2010-FY2011 appropriations for: (1) the Asia Foundation; (2) the National Endowment for Democracy; and (3) the Center for Cultural and Technical Interchange Between East and West.
Title II: Department of State Authorities and Activities - Subtitle A: Basic Authorities and Activities - (Sec. 201) Amends the State Department Basic Authorities Act of 1956 to credit to the International Litigation Fund proceedings- or claims-related funds received by the Department as a result of a decision of an international tribunal, from another U.S. agency, or pursuant to the Department of State Appropriations Act of 1937.
(Sec. 202) Amends the Foreign Service Act of 1980 to transfer statutory responsibility for performing actuarial duties related to the Department's retirement systems from the Secretary of the Treasury to the Secretary of State (Secretary).
(Sec. 203) Amends the State Department Basic Authorities Act of 1956 to authorize Department and Foreign Service special agents to investigate: (1) illegal passport or visa issuance or use; (2) Department-related identity theft and document fraud; and (3) federal offenses committed in the special maritime and territorial jurisdictions (nonmilitary) of the United States.
(Sec. 204) Authorizes the Secretary to waive recovery of repatriation loans if recovery would be against equity and good conscience or against the public interest.
(Sec. 205) Revises provisions, under the Department of State rewards program, to permit the payment of a reward to an employee or entity of a foreign government in specified circumstances.
Subtitle B: Public Diplomacy at the Department of State - (Sec. 211) Amends the State Department Basic Authorities Act of 1956 to give the Secretary the lead role in coordinating the interagency process in public diplomacy.
Directs the Secretary to establish a working group of the heads of certain federal agencies and seek to convene such group quarterly.
(Sec. 212) Authorizes the Secretary to establish in the Foreign Service a Public Diplomacy Reserve Corps of mid- and senior-level former Foreign Service officers and other individuals with private or public sector experience relevant to public diplomacy to serve for six months to two years abroad.
(Sec. 213) Directs the Secretary to consider: (1) new partnership arrangements with local or regional entities in foreign countries that can operate freestanding American Centers; and (2) after taking into account security needs, placing U.S. public diplomacy facilities at locations that maximize such facilities' role in the educational and cultural life of the cities in which they are located.
(Sec. 214) Provides for the establishment of new, and maintenance of existing, libraries and resource centers in connection with U.S. diplomatic and consular missions which shall schedule films showcasing American culture, society, values and history.
Requires the Advisory Committee on Public Diplomacy to report to the appropriate congressional committees regarding the effectiveness of such libraries and centers.
Authorizes FY2010-FY2011 appropriations.
(Sec. 215) Authorizes the Secretary to make grants to U.S. nongovernmental organizations that use independently produced documentary films to promote a better understanding of the United States among individuals abroad and, in the United States, a better understanding of global perspectives and of other countries.
Directs the Secretary to report to Congress regarding such program.
Authorizes FY2010-FY2011 appropriations.
(Sec. 216) Extends the United States Advisory Commission on Public Diplomacy through October 1, 2011.
Requires the Commission to review U.S. public diplomacy programs, policies, and activities at least every two years.
(Sec. 217) Amends the Special Olympics Sport and Empowerment Act of 2004 to designate the Assistant Secretary of State for Educational and Cultural Affairs to administer grants and agreements with Special Olympics for activities outside the United States to: (1) increase Special Olympics participation; and (2) improve awareness of the contributions that individuals with intellectual disabilities can make to society.
(Sec. 218) Amends the Intelligence Reform and Terrorism Prevention Act of 2004 to authorize appropriations through FY2011 for scholarship grants to attend American-sponsored schools in predominately Muslim counties.
Extends related congressional reporting requirements.
(Sec. 219) Directs the Secretary to establish a FY2010-FY2011 pilot program for U.S. public policy internships for Central Asian students.
Authorizes FY2010-FY2011 appropriations.
(Sec. 220) Authorizes FY2010-FY2011 appropriations for the United States-South Pacific Scholarship Progam.
States that Scholarships shall be referred to as Burton Scholarships and Scholarship recipients shall be referred to as Burton Scholars.
(Sec. 221) Authorizes FY2010-FY2011 appropriations for scholarships for secondary and post-secondary education in the United States for students from Mexico and the countries of Central and South America who are from the indigenous peoples of the region.
(Sec. 222) Authorizes the Secretary to establish the Shirley A. Chisholm United States-Caribbean Educational Exchange Program for students and scholars to study in the United States in fields of study that will support the labor market and development needs of CARICOM countries.
Authorizes FY2010-FY2011 appropriations.
Defines "CARICOM country" as a Caribbean Community member country but does not include a country having observer status or that repeatedly provided support for acts of international terrorism.
(Sec. 223) Directs the Secretary to establish an exchange program to provide scholarships for Sri Lankan students from various ethnic, religious, linguistic, and other minority groups to participate in post-conflict resolution workshops.
(Sec. 224) Directs the Secretary to establish an exchange and scholarship program in cooperation with the Women's Legislative Caucus in Liberia.
(Sec. 225) Directs the Secretary to develop a public diplomacy plan to be implemented in the event that Temporary Protected Status (TPS) is extended to Haitian nationals in the United States to inform Haitians living in Haiti that: (1) TPS only permits people already in the United States as of a certain date to remain in the United States; (2) there are dangers of sea travel to the United States and that interdicted Haitians will be repatriated to Haiti; and (3) the United States will continue its large assistance program to Haiti.
(Sec. 226) Amends the Vietnam Education Foundation Act of 2000 to revise provisions regarding the Vietnam Education Foundation. Transfers the Foundation to the Department's Bureau of Education and Cultural Affairs.
Authorizes grants for academic and public policy management programs in Vietnam.
(Sec. 227) Directs the Secretary to 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 politics and the democratic process in Afghanistan.
Subtitle C: Consular Services and Related Matters - (Sec. 231) Amends the Passport Act of June 4, 1920 to make the passport surchage authority permanent.
(Sec. 232) Expresses the sense of Congress that in light of problems with human trafficking as well as the high volume of applications by citizens of Moldova to the United States Summer Work Travel program the Secretary should enhance consular services at the U.S. embassy in Chisinau, Moldova, including assigning an additional consular officer to such post and providing enhanced anti-trafficking training.
(Sec. 233) Directs the Secretary to expand refugee admissions-related training of U.S. embassy and consular personnel and nongovernmental organizations.
Amends the Immigration and Nationality Act to provide that if the President does not make a specified refugee admissions determination, the number of refugees authorized to be admitted in the first quarter of the new fiscal year shall equal 25% of the previous fiscal year's refugee determination.
Amends the Migration and Refugee Assistance Act of 1962 to raise the appropriations limit for the Emergency Refugee and Migration Assistance (ERMA) Fund.
Permits refugee applicants to simultaneously pursue admission under any other applicable visa category.
Authorizes the refugee admission of certain separated children or children of refugee spouses.
Authorizes appropriations to carry out this section.
(Sec. 234) Directs the Secretary to establish overseas English language and cultural training programs for refugees who have been approved for U.S. admission.
(Sec. 235) Directs the President to develop and implement policies and strategies to address the protection, resettlement, and assistance needs of Iraqi refugees and internally displaced persons (IDPs). States that the President should establish an interagency working group to carry out such goals.
States that it shall be U.S. policy to encourage Iraqi refugees to return to Iraq only when conditions permit safe and voluntary returns.
Directs the Secretary to work with the international community to develop a comprehensive international strategy for assistance and solutions for Iraqi refugees and IDPs.
Authorizes appropriations to carry out this section.
(Sec. 236) Authorizes the Secretary to conduct a two-year tourist visas processing program using secure remote videoconferencing technology to conduct visa interviews.
Requires related reports to the appropriate congressional committees.
(Sec. 237) Amends the Tibetan Policy Act of 2002 to require the President to: (1) direct the National Security Council (NCS) to ensure that U.S. policy on Tibet is coordinated with all executive branch agencies in contact with the government of the People's Republic of China (PRC); and (2) provide grants to nongovernmental organizations to support economic development, cultural and historical preservation, health care, education, and environmental projects for Tibetan communities in the Tibet Autonomous Region and in other Tibetan communities in the PRC.
Authorizes the Secretary to establish a Tibet Section within the U.S. embassy in Beijing, PRC, to follow political and human rights, economic, and social developments inside Tibet, including Tibetan areas of Qinghai, Sichuan, Gansu, and Yunnan provinces until a U.S. consulate in Tibet is established. Authorizes FY2010-FY2011 appropriations.
States that the Secretary shall seek to establish a U.S. consulate in Lhasa, Tibet.
(Sec. 238) States that it shall be Department policy to process immigrant visa applications: (1) within 30 days of the receipt of all necessary documents in the case of immediate relatives of U.S. citizens and nonimmigrant K-1 visa applications of fiances/finacees of U.S. citizens; and (2) within 60 days of such receipt in the case of a sponsor who is a relative other than an immediate relative.
(Sec. 239) Directs the Secretary to report to Congress regarding special immigrant programs for certain nationals of Iraq and Afghanistan.
(Sec. 240) Directs the Secretary to conduct a feasibility study and report to Congress regarding the use of passports for overseas voting and census counting.
Subtitle D: Strengthening Arms Control and Nonproliferation Activities of the Department of State - (Sec. 241) Expresses the sense of Congress regarding the need to strengthen U.S. arms control and nonproliferation capabilities.
(Sec. 242) Authorizes appropriations for an additional 25 Department positions for arms control and nonproliferation functions.
(Sec. 244) Amends the Admiral James W. Nance and Meg Donovan Foreign Relations Authorization Act, Fiscal Years 2000 and 2001 to repeal the provision requiring the Secretary to designate an Assistant Secretary of State for Verification and Compliance with primary Department responsibility for international arms control, nonproliferation, and disarmament agreements.
(Sec. 245) Directs the Secretary to: (1) establish the Arms Control and Nonproliferation Rotation Program to broaden the knowledge and increase the professional interaction of midlevel employees of the Department and other federal departments and agencies concerned with arms control and nonproliferation; and (2) report to the appropriate committees.
(Sec. 246) Directs the Secretary to establish the Arms Control and Nonproliferation Scholarship Program to recruit and prepare students for civilian careers in the fields of nonproliferation, arms control, and international security.
(Sec. 247) Authorizes the President to establish a Scientific Advisory Committee to advise the President, the Secretary, and the Undersecretary for Arms Control and International Security on arms control and nonproliferation matters.
Title III: Organizational and Personnel Authorities - Subtitle A: Towards Modernizing the Department of State - (Sec. 301) Authorizes for each of FY2010-FY2011: (1) the Secretary to hire an additional 750 Foreign Service members (above attrition); and (2) the Administrator of USAID to hire an additional 350 Foreign Service members (above attrition).
Amends the Foreign Service Act of 1980 to: (1) expand Foreign Service functions; (2) require that all Foreign Service officers be available for worldwide assignment; (3) provide for training in conflict resolution, and in the ability to function in unstable areas or areas without civil authority; (4) provide for recruitment of candidates with experience in unstable situations; and (5) provide for advanced academic training.
(Sec. 302) Directs the President to: (1) develop and transmit to the appropriate congressional committees a national U.S. diplomacy strategy; and (2) conduct a comprehensive review of such strategy every four years (Quadrennial Review of Diplomacy and Development).
(Sec. 303) Authorizes the Secretary to establish in the Department a Lessons Learned Center as a central organization for the collection and analysis of best practices and lessons learned by Foreign Service officers and USAID personnel.
(Sec. 304) Requires the Secretary to direct a policy review and report to the appropriate congressional committees regarding locally employed staff compensation.
(Sec. 305) Amends the Reconstruction and Stabilization Civilian Management Act of 2008 to amend the definition of "personnel" to include certain individuals: (1) employed by personal services contract, including those employed under the State Department Basic Authorities Act of 1956 and the Foreign Assistance Act of 1961; and (2) appointed under the Foreign Service Act of 1980.
Subtitle B: Foreign Service Pay Equity and Death Gratuity - Foreign Service Overseas Pay Equity Act of 2009 - (Sec. 312) Amends the Foreign Service Act of 1980 to extend comparability pay adjustments on a phased-in schedule to (non-Senior) Foreign Service members assigned abroad.
Treats such payments as basic pay.
(Sec. 313) Revises provisions concerning the computation of the death gratuity payable to surviving dependents of Foreign Service employees who die from injuries sustained in the performance of duty abroad.
Subtitle C: Other Organization and Personnel Matters - (Sec. 321) Amends the Foreign Service Act of 1980 to authorize the Secretary to establish the Transatlantic Diplomatic Fellowship Program under which a Foreign Service member may be assigned for up to one year to a position with any designated country or entity that permits an employee to be assigned to a Department position.
(Sec. 322) Authorizes the Secretary to establish the Security Officers Exchange Program under which a Foreign Service member may be assigned for up to three years to a position with any designated country or designated entity that permits an employee to be assigned to a Department position.
(Sec. 323) Authorizes the Secretary to suspend a Foreign Service member without pay when the member's security clearance is suspended or when there is reasonable cause to believe that the member has committed a crime for which a sentence of imprisonment may be imposed.
Entitles such person to: (1) written notice stating the specific reasons for the proposed suspension; (2) reasonable time to respond orally and in writing; (3) representation; (4) a final written decision, including the specific reasons for such decision; and (5) file a grievance.
(Sec. 324) Repeals the recertification requirement for Senior Foreign Service members.
(Sec. 325) Authorizes a limited appointment extension for: (1) a person serving in the uniformed services whose limited appointment expires during such service; (2) up to 12 months in exceptional circumstances; and (3) a non-career employee who has served five consecutive years under a limited appointment for a subsequent limited appointment provided there is a one-year break in service.
(Sec. 326) Sets maximum accrual of compensatory time off for travel status away from the employee's official duty station at 104 hours.
(Sec. 327) Revises the Secretary's authority to reemploy Foreign Service annuitants to: (1) make such authority permanent; and (2) eliminate, in the case of a position for which there is exceptional difficulty in recruiting or retaining a qualified employee, applicability only to assignments in Iraq, Pakistan, and Afghanistan.
(Sec. 328) Authorizes the Secretary to establish a personal services contractor pilot program through September 30, 2011.
Limits program authority to: (1) two-year contracts (with a one-year extension); (2) 200 U.S. citizens or aliens employed at any one time; and (3) circumstances requiring specialized skills or experience or to respond to urgent needs.
(Sec. 329) Directs the Secretary to: (1) provide for the protection of intellectual property rights of U.S. persons in other countries; (2) appoint 10 intellectual property attaches; (3) provide for priority assignments; and (4) report annually to Congress.
(Sec. 330) States that in order for the Department to accurately represent all people in the United States it must accurately reflect U.S. diversity.
Amends the Foreign Relations Authorization Act, Fiscal Year 2003 to: (1) expand the Department minority recruitment report to include women; (2) extend the reporting requirement to April 1, 2011; (3) require that such reports be publicly available; and (4) require Government Accountability Office (GAO) review of Department employment policies regarding minorities and women.
(Sec. 331) Requires the Department to adhere to title III of the Federal Property and Administrative Services Act and the Federal Acquisition Regulation (procurement provisions) in entering into any federal contract unless otherwise provided for.
(Sec. 332) Requires the Secretary to report to the appropriate congressional committees regarding the mission and effectiveness of the Department's Legislative Liaison Office.
(Sec. 333) Requires the Department's Bureau of Democracy, Human Rights and Labor to designate a Bureau-based officer or officers to track violence, criminalization, and restrictions on fundamental freedoms in foreign countries based on sexual orientation or gender identity.
Directs the Secretary through U.S. diplomatic and consular missions to encourage foreign governments to reform or repeal laws criminalizing homosexuality or consensual homosexual conduct.
Amends the Foreign Assistance Act to include in the Department's annual country reports on human rights practices information on violence or discrimination affecting the fundamental freedoms of an individual based on sexual orientation and gender identity.
(Sec. 334) Establishes the Office of Global Women's Issues in the Department.
Authorizes FY2010-FY2011 appropriations.
(Sec. 335) Amends the Foreign Service Act of 1980 to authorize payment of an additional death gratuity to the survivors of a government executive branch or a Foreign Service employee killed by an act of international terrorism.
(Sec. 336) Directs the Secretary, through the Director of the Foreign Service, to submit to the appropriate congressional committees a plan to increase career incentives for Foreign Service officers to serve in Department bureaus and offices not primarily focused on regional issues.
Title IV: International Organizations - Subtitle A: International Leadership - United States International Leadership Act of 2009 - (Sec. 402) Directs the Secretary to report to the appropriate congressional committees whether a new cone should be established for the Foreign Service that concentrates on members of the Service who serve at international and multilateral institutions or are primarily responsible for participation in multilateral negotiations.
(Sec. 403) Authorizes the Secretary to establish within the Bureau of International Organization Affairs an Office on Multilateral Negotiations.
(Sec. 404) Directs the President to transmit to the appropriate congressional committees a plan relating to resumption by the United States of the payment of its full contributions to certain international organizations at the beginning of each calendar year.
(Sec. 405) Authorizes appropriations, in addition to amounts otherwise available for the payment of assessed contributions to international organizations, to pay all U.S. arrearages to the United Nations recognized by the United States.
Subtitle B: General Provisions - (Sec. 411) Expresses the sense of Congress that multilateral diplomacy in the Americas has suffered in the past decade to the detriment of U.S. national interest in the region.
Establishes in the Department a Fund to Promote Multilateralism in the Americas.
Authorizes FY2010-FY2011 appropriations.
(Sec. 412) Amends the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 to extend the 27.1% U.S. share of assessed contributions for U.N. peacekeeping operations through 2011.
(Sec. 413) Expresses the sense of Congress that the Secretary should work with the Pacific Islands Forum to find appropriate affiliations for representatives of American Samoa, Guam, and the Commonwealth of the Northern Mariana Islands.
(Sec. 414) Directs the Secretary to report to the appropriate congressional committees regarding activities of, and amounts obligated for, the International Boundary and Water Commission, United States and Mexico, the International Boundary Commission, United States and Canada, and the International Joint Commission.
(Sec. 415) Authorizes appropriations for the refurbishment or possible replacement of the International Atomic Energy Agency's (IAEA) Safeguards Analytical Laboratory.
Directs the Secretary to submit a related report to the appropriate congressional committees.
(Sec. 416) Authorizes FY2010-FY2011 appropriations to implement specified recommendations of the Report of the Commission on the Prevention of Weapons of Mass Destruction Proliferation and Terrorism regarding the International Atomic Energy Agency (IAEA) and nuclear safeguards reform.
Directs the Secretary to submit a related report to the appropriate congressional committees.
(Sec. 417) Expresses the sense of Congress regarding the importance of U.S. engagement in Asia and the importance of the Asia-Pacific Economic Cooperation (APEC) forum.
Directs the President to designate APEC Coordinators in appropriate U.S. government departments and agencies to set APEC participation guidelines.
Directs the Secretary to designate within the Bureau of East Asian and Pacific Affairs a Small Business Liaison.
(Sec. 418) Expresses the sense of Congress that the Secretary should appoint a coordinator to help implement the International Nuclear Fuel Bank to ensure that countries have a supply of fuel for nuclear energy and do not have to enrich their own uranium.
Title V: United States International Broadcasting - (Sec. 501) Authorizes FY2010-FY2011 appropriations for international broadcasting operations and capital improvements.
(Sec. 502) Amends the Foreign Relations Authorization Act, Fiscal Year 2003 to extend the International Broadcasting Bureau (IBB) personal services contractor program through December 31, 2011. Eliminates the "pilot program" designation.
(Sec. 503) Amends the United States International Broadcasting Act of 1994 to provide Radio Free Europe/Radio Liberty employees with federal service parity of pay.
(Sec. 504) Amends the United States Information and Educational Exchange Act of 1948 to define for international broadcasting and related employment purposes "suitably qualified United States citizens" as U.S. citizen applicants who are equally or better qualified than non-U.S. citizen applicants.
(Sec. 505) Requires the IBB to make the film "A Fateful Harvest" available for public viewing in the United States.
(Sec. 506) Amends the United States International Broadcasting Act of 1994 to establish permanent authority for Radio Free Asia.
Title VI: Peace Corps - (Sec. 601) States that it is U.S. policy to: (1) increase and strengthen the Peace Corps; and (2) promote all types of volunteerism by Americans in the developing world.
(Sec. 602) Amends the Peace Corps Act to authorize the Director of the Peace Corps to establish a program that assigns returned Peace Corps Volunteers or other volunteers to provide short term development or other relief assistance.
Provides for coordination of Peace Corps programs with federal departments and agencies.
Authorizes FY2010-FY2011 appropriations for the Peace Corps.
(Sec. 603) Sets forth related reporting requirements.
Title VII: Senator Paul Simon Study Abroad Foundation Act - Senator Paul Simon Study Abroad Foundation Act of 2009 - (Sec. 705) Establishes in the executive branch the Senator Paul Simon Study Abroad Foundation.
Requires the Foundation to award grants, including for study in nontraditional study abroad destinations, to: (1) U.S. students; (2) nongovernmental institutions that provide and promote study abroad opportunities for U.S. students in consortium with institutions of higher education; and (3) institutions of higher education, individually or in consortium.
(Sec. 711) Authorizes FY2010-FY2011 appropriations.
Title VIII: Export Control Reform and Security Assistance - Subtitle A: Defense Trade Controls Performance Improvement Act of 2009 - Defense Trade Controls Performance Improvement Act of 2009 - (Sec. 803) Directs the President to: (1) perform a strategic review and assessment of the U.S. export controls system, including the effectiveness of U.S. arms and weapons-related nuclear technology export controls; and (2) report to the appropriate congressional committees.
(Sec. 804) Directs the Secretary to provide specified performance requirements for: (1) license applications to export or import United States Munitions List items; and (2) commodity jurisdiction determinations.
States that it shall be the Directorate of Defense Trade Controls policy to prioritize application processing for licenses and agreements for the export of U.S.-origin equipment over applications for manufacturing license agreements.
Sets forth provisions regarding: (1) additional review; (2) reporting requirements; (3) congressional briefings; and (4) transparency and website publication.
(Sec. 805) Directs the Secretary to ensure that the Directorate of Defense Trade Controls has the necessary staff and resources, including arms trafficking enforcement resources.
Sets forth provisions regarding the minimum number of: (1) licensing officers; and (2) staff for commodity jurisdiction determinations.
(Sec. 806) Requires the Inspector General of the Department to audit and report to the appropriate congressional committees regarding Department compliance with sections 804 and 805 of this Act.
(Sec. 807) Amends the State Department Basic Authorities Act of 1956 to increase the authorized uses of Defense trade controls registration fees.
(Sec. 808) Directs the Secretary to: (1) review the International Traffic in Arms Regulations and the United States Munitions List to determine those technologies and goods that warrant different or additional controls and requires the review of at least 20% of the technologies and goods each year to ensure a complete review for every five-year period; and (2) report to the appropriate congressional committees.
(Sec. 809) Amends the Arms-Export Control Act to authorize the President, under specified conditions, to provide for special licensing authorization for exports of spare and replacement parts or components of defense items exported to North Atlantic Treaty Organization (NATO) member states, Australia, Japan, Israel, South Korea, and New Zealand.
(Sec. 810) Directs the President to make available to persons who have pending military export license applications and to the appropriate congressional committees the ability to electronically access current status information for each application.
(Sec. 811) Expresses the sense of Congress that: (1) the advice provided to the Secretary by the Defense Trade Advisory Group (DTAG) supports the regulation of defense trade and helps protect U.S. national security and foreign policy interests; (2) the Secretary should share significant planned rules and policy shifts with DTAG; and (3) the Secretary is encouraged to ensure that DTAG members are drawn from a cross-section of experts from the defense industry, trade and labor associations, academic, and foundation personnel.
(Sec. 812) Defines specified terms.
(Sec. 813) Authorizes FY2010-FY2011 appropriations to carry out this subtitle.
Subtitle B: Provisions Relating to Export Licenses - (Sec. 821) Directs the President to make available to the appropriate congressional committees the text of each presidential directive regarding U.S. export policies, practices, and regulations regarding implementation of the Arms Export Control Act within 15 days after the date on which the directive has been signed or authorized by the President.
(Sec. 822) Amends the Arms Control Act to increase the dollar thresholds for certain military export-related congressional notification and review requirements.
(Sec. 823) Directs the President to report annually to the appropriate congressional committees regarding diplomatic efforts to strengthen national and international arms export controls.
(Sec. 824) Amends the Foreign Assistance Act of 1961 to include information about exempted commercial arms sales in the annual military assistance report.
(Sec. 825) Amends the Arms Export Control Act to direct the President to submit an annual report to the appropriate congressional committees (to be included in the annual Congressional Budget Justification) listing the value of defense equipment deliveries by country and international organization.
(Sec. 826) Authorizes the President to remove satellites and related components from the United States Munitions List, except for any satellite or related component that may be transferred to, or launched into outer space by, the PRC.
(Sec. 827) Directs the Inspector General to: (1) review Department investigations of possible misuse of U.S.-origin defense items; and (2) and report to the appropriate congressional committees.
(Sec. 828) Directs the Secretary to report to the appropriate congressional committees regarding mechanisms for self-financing of Department export licensing functions.
(Sec. 829) Amends the Arms Export Control Act to: (1) require that the certification that an arms sale does not constitute a threat to Israel's qualitative military edge which must accompany an arms sale to a Middle Eastern country other than Israel be unclassified; (2) revise provisions concerning the congressional export review period for Israel; and (3) revise penalties concerning controls of arms exports and imports, as well as the export of uranium depleted in the isotope 235.
(Sec. 832) Directs the President to report to Congress on the plans of federal departments and agencies to streamline U.S. export controls and processes to better serve U.S. scientific and research needs, consistent with the protection of U.S. national security interests.
Subtitle C: Miscellaneous Provisions - (Sec. 841) Authorizes the Secretary to conduct a program to respond to contingencies in foreign countries or regions by providing training, procurement, and capacity-building of a foreign country's military and counterterrorism forces in order to: (1) conduct counterterrorist operations; or (2) participate in or support military and stability operations with the United States.
Requires congressional notification.
Authorizes FY2010-FY2011 appropriations.
(Sec. 842) Amends the Arms Export Control Act to: (1) rename the Special Defense Acquisition Fund as the Foreign Military Sales Stockpile Fund; (2) include building recipient country capacity as a Fund purpose; and (3) include proceeds from defense article leases in the Fund.
(Sec. 843) Eliminates from the annual estimate and justification for foreign military sales report information regarding those sales and licensed commercial exports that are deemed most likely to result in the issuance of a letter of offer or of an export license during the year.
(Sec. 844) Expresses the sense of Congress regarding the global arms trade.
(Sec. 845) Directs the President to report every five years to the appropriate congressional committees regarding U.S. security commitments to Israel.
(Sec. 846) Amends the Department of Defense Appropriations Act, 2005 and the Foreign Assistance Act of 1961 to extend authority for certain U.S. excess defense equipment transfers and defense stockpiles for Israel.
(Sec. 847) Authorizes the President, for FY2010-FY2011, to provide for the crating, packing, and transportation of certain excess defense articles to Albania, Afghanistan, Bulgaria, Croatia, Estonia, Macedonia, Georgia, India, Iraq, Israel, Kazakhstan, Kyrgyzstan, Latvia, Lithuania, Moldova, Mongolia, Pakistan, Romania, Slovakia, Tajikistan, Turkmenistan, and Ukraine.
(Sec. 848) Authorizes appropriations for co-development of joint ballistic missile and medium and short-range projectile defense projects with Israel, including the Arrow, David's Sling, and Iron Dome systems. Directs the Secretary to submit a annual report to the appropriate congressional committees.
Title IX: Actions to Enhance the Merida Initiative - Subtitle A: General Provisions - (Sec. 901) Directs the President to designate within the Department a Coordinator of United States Government Activities to Implement the Merida Initiative who shall be responsible for: (1) designing an overall Merida Initiative strategy; (2) ensuring program and policy coordination among U.S. government departments and agencies in carrying out the Merida Initiative; (3) ensuring that U.S. efforts are in consonance with the efforts of the Merida Initiative countries; (4) tracking U.S. assistance programs that fulfill Merida Initiative goals; (5) tracking certain information regarding Merida Initiative countries; and (6) consulting with the Attorney General and the Secretary of Homeland Security (DHS) regarding federal, state, and local law enforcement activities relating to Merida Initiative goals, particularly along the U.S.-Mexico border.
Defines "countries within the Merida Initiative" as Belize, Costa Rica, El Salvador, Guatemala, Honduras, Mexico, Nicaragua, and Panama and includes Haiti and the Dominican Republic.
(Sec. 902) Authorizes the the President to incorporate the Caribbean Community (CARICOM) countries into the Merida Initiative.
(Sec. 903) Directs the President to: (1) establish a program to assess the effectiveness of Merida Initiative assistance through impact evaluation research, operations research, and monitoring; and (2) report annually to the appropriate congressional committees.
(Sec. 904) Defines "Merida Initiative" as the program announced by the United States and Mexico on October 22, 2007, to fight illicit narcotics trafficking and criminal organizations throughout the Western Hemisphere.
Subtitle B: Prevention of Illicit Trade in Small Arms and Light Weapons - (Sec. 911) Directs the President to establish the Task Force on the Prevention of Illicit Small Arms Trafficking in the Western Hemisphere which shall evaluate U.S. export controls on the illicit export of small arms and light weapons throughout the Western Hemisphere.
(Sec. 912) Amends the Arms Export Control Act to subject a person who willfully exports to a Western Hemisphere country any small arm or light weapon without a license to a fine of up to $3 million and imprisonment for up to 20 years, or both.
(Sec. 913) Amends the State Department Basic Authorities Act of 1956 to include in the Department's reward program the arrest or conviction of any individual for illegally exporting or attempting to export small arms or light weapons to Mexico.
Title X: Reporting Requirements - (Sec. 1001) Directs the Secretary to report to the appropriate congressional committees regarding the continuing needs of the Special Court for Sierra Leone.
(Sec. 1002) Directs the Secretary to report to the appropriate congressional committees regarding plans for the development of a government-wide strategy to strengthen U.S. civilian capacities for preventing genocide and mass atrocities.
(Sec. 1003) Amends the Foreign Assistance Act of 1961 to include in the report on programs to encourage good governance information regarding whether countries with extractive industries provide their citizens with information about government revenue from such resources and whether there are credible reports of human rights abuses against individuals or the media seeking to monitor extractive industries.
(Sec. 1004) Amends the United States-Hong Kong Policy Act of 1992 to extend the reporting requirement regarding U.S.-Hong Kong relations through 2020.
(Sec. 1005) Directs the Secretary to report to the appropriate congressional committees regarding U.S. assistance projects in Georgia following the 2008 conflict with Russia.
(Sec. 1006) Directs the Secretary to report annually to the appropriate congressional committees regarding efforts to assist Israel establish diplomatic relations.
(Sec. 1007) Directs the President to conduct a study and report to the appropriate congressional committees regarding overseas civilian police training conducted by the United States in countries or regions that are at risk of, in, or are in transition from conflict or civil strife.
(Sec. 1008) Directs the Secretary to report to the appropriate congressional committees regarding humanitarian assistance in Gaza.
(Sec. 1009) Directs the Secretary to report to the appropriate congressional committees regarding activities funded or authorized by the Department and USAID in Haiti.
(Sec. 1010) Authorizes the Secretary to monitor the status of religious minority communities in the Middle East and provide policy recommendations for their protection. Requires the Secretary to transmit a related report to the appropriate congressional committees.
(Sec. 1011) Directs the Secretary to report to the appropriate congressional committees regarding actions taken by Iran and Hezbollah in the Western Hemisphere.
(Sec. 1012) Directs the Secretary and the Administrator USAID to jointly report to Congress regarding Department and USAID efforts to improve the recruitment of veterans into their respective workforces.
(Sec. 1013) Directs the Secretary to report to Congress regarding recommendations for changes to the Hague Convention on the Civil Aspects of International Child Abduction and related U.S. laws and regulations regarding international parental child abduction.
(Sec. 1014) Directs the Comptroller General of the United States to report to Congress regarding the effects of USAID's use of waivers under the Buy America Act for HIV test kits under the President's Emergency Plan for AIDS Relief program on: (1) U.S.-based manufacturers; and (2) the availability of and access to HIV testing for at-risk populations in low-income countries.
(Sec. 1015) Directs the Secretary to report to the appropriate congressional committees regarding the United States-Brazil Joint Action Plan to Eliminate Racial Discrimination, including efforts to address the plight of Afro Latinos and indigenous peoples in the Western Hemisphere.
(Sec. 1016) Directs the Secretary to report to Congress regarding the best use of U.S. assistance to reduce smuggling and trafficking in persons.
(Sec. 1017) Directs the Secretary to report to Congress regarding 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.
(Sec. 1018) Directs the Secretary to report to Congress within 90 days of enactment (and annually for the next two years) regarding U.S. contributions to the United Nations and its affiliated agencies and bodies.
Title XI: Miscellaneous Provisions - Subtitle A: General Provisions - (Sec. 1101) Expresses the sense of Congress that the President should establish a U.S.-Nigeria bilateral commission to support multifaceted cooperation.
(Sec. 1102) Authorizes the Southern Africa Enterprise Development Fund to solicit private venture capital which may be used separately or together with U.S. government funds for investment purposes.
(Sec. 1103) Authorizes FY2010-FY2011 appropriations to establish a diabetes prevention and treatment program for Pacific Island countries and for safe water and sanitation.
Defines "Pacific Island countries" as Fiji, Kiribati, the Marshall Islands, the Federated States of Micronesia, Nauru, Niue, Palau, Papua New Guinea, Samoa, Solomon Islands, Tonga, Tuvalu, and Vanuatu.
(Sec. 1104) States that it shall be U.S. policy that the President and the Permanent Representative of the United States to the United Nations work with the international community to support the work of the United Nations High Commissioner for Refugees (UNHCR) to prevent and resolve problems related to de jure and de facto statelessness, and to promote the rights of the de jure or de facto stateless. Authorizes FY2010-FY2011 appropriations.
Authorizes FY2010-FY2011 appropriations for the United Nations Children's Fund (UNICEF) to aid countries with significant de jure or de facto stateless populations to bring about the full registration of all children born to de jure or de facto stateless parents.
Authorizes appropriations for U.S. activities to prevent and reduce de jure or de facto statelessness.
(Sec. 1105) States that it shall be U.S. policy to urge Turkey to: (1) respect the property and religious rights of the Ecumenical Patriarch; and (2) grant the Ecumenical Patriarchate appropriate international recognition and ecclesiastic succession and the right to train clergy of all nationalities.
(Sec. 1106) Expresses the sense of Congress that the United States should facilitate international cooperation on hurricane preparedness.
Directs the Secretary to report to the appropriate congressional committees regarding hurricane preparedness and other weather cooperation with other countries in the Americas.
Prohibits, with a national security waiver, the Secretary from providing assistance to countries that do not cooperate with the United States on weather matters.
(Sec. 1107) Supports the decision by President Hamid Karzai of Afghanistan to submit for review the Shi'ite Personal Status Law and strongly urges him not to publish such law on the grounds that it violates the basic human rights of women and is inconsistent with the Constitution of Afghanistan.
Urges the government of Afghanistan and President Hamid Karzai to declare the provisions of the Shi'ite Personal Status Law on marital rape and restrictions on women's freedom of movement unconstitutional.
Encourages the Secretary of State, the Special Representative to Afghanistan and Pakistan, the Ambassador-at-Large for International Women's Issues, and the United States Ambassador to Afghanistan to address the status of women's rights and security in Afghanistan to ensure that these rights are not being eroded.
(Sec. 1108) Authorizes FY2010-FY2011 appropriations for training and equipping peacekeepers worldwide, including financing helicopter refurbishment.
Directs the Secretary to submit a related report to the appropriate congressional committees.
(Sec. 1109) Daniel Pearl Freedom of the Press Act of 2009 - Amends the Foreign Assistance Act of 1961 to expand the annual Country Reports on Human Rights Practices to include: (1) a description of the status of freedom of the press in each country reviewed in the report; (2) identification of countries in which there were violations of freedom of the press; and (3) whether governments in countries in which there are severe violations of freedom of the press participate in or condone such violations, and actions that such governments have taken to preserve the safety and independence of the media and to ensure the prosecution of individuals who attack or murder journalists.
Directs the Secretary to administer a grant program to promote freedom of the press worldwide which shall be administered by the Department's Bureau of Democracy, Human Rights and Labor.
(Sec. 1110) States that the Director General of the Foreign Commercial Service should ensure that the annual country commercial guides include: (1) assessments of each foreign country in which unfair practices have resulted in poor business and investment climates; and (2) information about the extent to which the host government and the U.S. government have acted to prevent such practices.
Directs the Secretary to establish a business and investment climate warning system.
(Sec. 1111) Directs the President: (1) through the Secretary, to establish a multi-year strategy to prevent child marriage in developing countries and promote the empowerment of girls at risk of child marriage in developing countries; and (2) submit a related report to Congress.
Requires the country reports on human rights practices to include for each country in which child marriage is prevalent a description of the status of the practice of child marriage in such country.
Defines "child marriage" as the marriage of a girl or boy not yet the minimum age for marriage stipulated in law in the country in which the girl or boy is a resident.
Authorizes FY2010-FY2011 appropriations.
(Sec. 1112) Urges: (1) the President to make all efforts necessary to retrieve the seven watercolor portraits Dina Babbitt painted while interned at the Auschwitz death camp and return them to her; and (2) the government of Poland to facilitate the pictures' return from the Auschwitz-Birkenau State Museum to Dina Babbitt.
(Sec. 1113) Expresses the sense of Congress that the President, through the Secretary, should develop a comprehensive policy for Somalia which should align humanitarian, development, economic, political, counterterrorism, anti-piracy, and regional strategies in order to bring about peace and stability in Somalia and the region.
(Sec. 1114) Amends the Foreign Assistance Act of 1961 to state that the Secretary should implement a system to monitor and evaluate the effectiveness of U.S. foreign assistance which should include a method of coordinating the monitoring and evaluation activities of the Department and USAID with the monitoring and evaluation activities of other federal departments and agencies carrying out foreign assistance programs, and when possible, with other international bilateral and multilateral agencies and entities.
Requires such federal departments and agencies to develop an annual evaluation plan.
Obligates FY2010-FY2011 funds for such purposes.
(Sec. 1115) Directs the President to require the Secretary to implement a comprehensive strategy to address global hunger and food security with respect to international programs and policies for: (1) emergency response and management; (2) social protection and disaster risk reduction; (3) nutrition; (4) market-based agriculture, agricultural education and research, and rural development; (5) government-to-government technical assistance programs; (6) natural resource management and responses to climate change's impact on agriculture and food production; and (7) provision of adequate resources for programs to carry out the U.S. commitment to alleviate global hunger and promote food security.
Requires related reports by the Secretary and GAO.
(Sec. 1116) Welcomes the end to the conflict between the government of Sri Lanka and the Liberation Tigers of Tamil Eelam and states that a lasting peace will only be achieved through a political solution that addresses the aspirations of all Sri Lankan communities.
(Sec. 1117) States that the Inspectors General of the Department, DOD, and USAID, and the Special Inspector General for Afghanistan Reconstruction should address in their auditing and assessment protocols for Afghanistan the impact of U.S. development assistance on the social, economic, and political empowerment of Afghan women.
Requires a related report to Congress.
(Sec. 1118) Authorizes the Secretary to establish the Global Clean Energy Exchange Program to promote the development and deployment of clean and efficient energy technologies in order to reduce global greenhouse gas emissions, address energy poverty in developing countries, and extend the reach of related U.S. capacities to such countries.
(Sec. 1119) Amends the Immigration and Nationality Act to direct the Secretary, upon notice by the Secretary of DHS that a foreign government denies or unreasonably delays accepting the return of an alien who is a citizen, subject, national, or resident of that country, to order consular officers in that foreign country to stop granting immigrant visas or nonimmigrant visas to citizens, subjects, nationals, and residents of that country until the country has accepted the alien. (Under current law the Attorney General provides such notice to the Secretary.)
Authorizes the Secretary of DHS, upon a determination that a foreign government 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, to deny admission to any citizen, subject, national, or resident of such country who is seeking or has received a diplomatic nonimmigrant visa.
(Sec. 1120) Directs the President to submit to the appropriate congressional committees a comprehensive interagency strategy and implementation plan to address the ongoing and interrelated crises in Sudan and advance U.S. national security and humanitarian interests in Sudan.
(Sec. 1120A) States it shall be U.S. policy that, with respect to the United Nations Framework Convention on Climate Change, the President, the Secretary, and the Permanent Representative of the United States to the United Nations should prevent any weakening of international legal protections of intellectual property rights related to energy or environmental technology.
Subtitle B: Sense of Congress Provisions - (Sec. 1121) Expresses the sense of Congress that the United States should: (1) furnish assistance to Belarus to support democratic processes in that country; and (2) support broadcasting to the people of Belarus in languages spoken in Belarus, including broadcasting by Radio Free Europe/Radio Liberty, European Radio for Belarus, and Belsat.
(Sec. 1122) Expresses the sense of Congress that: (1) the people of Kazakhstan and its government should be congratulated for their commitment to nonproliferation and their leadership in offering to host an international nuclear fuel bank; and (2) the Secretary should establish a joint working group with the governments of Kazakhstan and Norway to explore common challenges and opportunities on disarmament and nonproliferation, and to assist in assessing the environmental damage and health effects caused by Soviet nuclear testing in Semipalatinsk.
(Sec. 1123) Expresses the sense of Congress that countries in Central and Eastern Europe must: (1) return looted and confiscated properties to their rightful owners or, where restitution is not possible, pay equitable compensation; and (2) enact legislation to facilitate private, communal, and religious property restitution.
(Sec. 1124) Expresses the sense of Congress that Israeli soldier Gilad Shalit should be safely released and that pending his release the International Committee of the Red Cross should be granted full access to him.
(Sec. 1125) Expresses the sense of Congress that the United States should support the Comprehensive Peace Agreement and rebuilding efforts in Sudan and Darfur.
(Sec. 1126) Expresses the sense of Congress that: (1) the Secretary should place Vietnam on the list of "Countries of Particular Concern" for particularly severe violations of religious freedom; and (2) the government of Vietnam should implement legal and political reforms to protect religious freedom.
(Sec. 1127) Expresses the sense of Congress that: (1) the alleged aggravated murder of U.S. Air Force Reserve Major Karl D. Hoerig is deserving of justice; and (2) resolution of State of Ohio v. Claudia C. Hoerig is important to maintain the traditionally close cooperation and friendship between the United States and Brazil.
(Sec. 1128) Expresses the sense of Congress that the United States should work with the states of the former Soviet Union to come to an agreement whereby such states would pay the pensions of beneficiaries who have immigrated to the United States.
(Sec. 1129) Expresses the sense of Congress that Israel has the inalienable right to defend itself in the face of an imminent nuclear or military threat from Iran, terrorist organizations, and the countries that harbor them.
(Sec. 1130) Expresses the sense of Congress that: (1) the use of child soldiers is a violation of human rights and the prevention and elimination of child soldiers should be a U.S. foreign policy goal; and (2) countries should raise to 18 years old the minimum age for the voluntary recruitment of persons into their national armed forces.
Division B: Peace Act of 2009 - Pakistan Enduring Assistance and Cooperation Enhancement Act of 2009 or the PEACE Act of 2009 - (Sec. 2) Defines specified terms.
Title I: Democratic, Economic, and Social Development Assistance for Pakistan - (Sec. 102) Authorizes the President to provide assistance for Pakistan to support: (1) democratic institutions in order to strengthen civilian rule and long-term stability; (2) the judicial system, the rule of law, and law enforcement; (3) economic development; (4) national, provincial, and local governmental and nongovernmental institutions; (5) public education; (6) human rights, including programs to strengthen civil society organizations that promote internationally recognized human rights; (7) health care; and (8) public diplomacy to promote a better understanding of the United States and to combat militant extremism.
Expresses the sense of Congress in favor of efforts to assist refugees and displaced persons in Pakistan.
(Sec. 103) States that to the extent that Pakistan continues to evolve toward civilian control of the government and to implement economic reform programs the President should mobilize multilateral financial and economic and currency stabilization assistance for Pakistan.
(Sec. 104) Establishes in the Treasury the Pakistan Democracy and Prosperity Fund.
(Sec. 105) Authorizes FY2010-FY2013 appropriations to carry out this title.
Expresses the sense of Congress that U.S. assistance under this title should be made available on a proportional and equitable basis between the Federally Administered Tribal Areas of Pakistan (FATA) and other regions of Pakistan.
Title II: Security Assistance for Pakistan - (Sec. 201) Expresses the sense of Congress that U.S. security assistance for Pakistan should be: (1) used to improve relationships between U.S. and Pakistani military personnel; and (2) fully accountable, contingent upon Pakistan ending support for terrorist groups, and should meet Pakistan's national security needs.
(Sec. 202) States that the purposes of assistance under this title are to: (1) support Pakistan's need to win the ongoing counterinsurgency within its borders and to secure its borders and prevent its territory from being used as a base for terrorist attacks; and (2) develop appreciation for democratic governance and for a military that is controlled by democratically elected civilian leadership.
(Sec. 203) Obligates FY2010-FY2013 funding for Pakistan for: (1) international military education and training, including a set-aside for training in counterinsurgency and civil-military relations; and (2) the foreign military financing program, including a set-aside for purchase of defense articles, defense services, and counterinsurgency and counterterrorism education and training.
States that Congress finds that the government of Pakistan is responsible for making the remaining payments on the 2006 F-16 aircraft and equipment sales with its own national funds.
Restricts, with a national security waiver, the use of foreign military financing funds for the purchase of, or upgrade to, F-16 aircraft and munitions.
Directs the President to transmit to the appropriate congressional committees a security plan for each of FY2010-FY2013.
Expresses the sense of Congress that the United States should facilitate Pakistan's establishment of a program to provide reconstruction assistance in combat-damaged areas.
(Sec. 204) States that: (1) for FY2010, the Department of State's Pakistan Counterinsurgency Capability Fund (Fund) shall consist of amounts appropriated or otherwise available to the Secretary of State (Secretary) to carry out this section; and (2) Fund amounts shall be used to build and maintain Pakistan's counterinsurgency capability under the same terms as applicable to FY2009 amounts.
Authorizes the Secretary, with prior congressional notification, to transfer Fund amounts to the Department of Defense's (DOD) Pakistan Counterinsurgency Fund.
Prohibits, with a national security waiver, Fund amounts from being used to: (1) purchase certain F-16 aircraft updates; or (2) make payments on F-16 aircraft and equipment sales.
Authorizes FY2010 appropriations.
(Sec. 205) Authorizes the Secretary to establish the Pakistan military transition program to foster the principle of civilian rule through exchanges between Pakistani military and civilian personnel and similar personnel from countries in transition to democracy and from NATO countries.
(Sec. 206) Prohibits, with a national security waiver, military assistance from being provided to Pakistan beginning in FY2011 if the President fails to determine at the beginning of each fiscal year that Pakistan is taking actions to: (1) combat terrorist groups and prevent cross-border attacks; and (2) dismantle nuclear weapons-material supply networks in cooperation with the United States.
Requires a Government Accountability Office (GAO) analysis of such determinations.
(Sec. 207) Authorizes FY2010-FY2013 appropriations for this title, other than for section 204.
Title III: Miscellaneous Provisions - (Sec. 301) Directs the President to: (1) develop a comprehensive regional security strategy to work with the government of Pakistan and other relevant governments and organizations to implement counterinsurgency and counterterrorism efforts in the Pakistan-Afghanistan border areas, including the FATA and the North West Frontier Province of Pakistan, parts of Balochistan, and parts of Punjab; and (2) report to the appropriate congressional committees regarding such strategy.
(Sec. 302) Directs the President to establish a program using specified research models to evaluate the effectiveness of assistance provided to Pakistan under title I of this Act.
Authorizes the President to provide assistance to enhance Pakistan's capacity to monitor and evaluate the long-term impact of programs carried out by the national, provincial, and local governments.
Obligates specified FY2010-FY2013 appropriations for activities under this section.
(Sec. 303) Directs the Inspector General of the Department and the Inspector General of the United States Agency for International Development (USAID) to audit and oversee the obligation and expenditure of title I funds. Authorizes the establishment of field offices in Pakistan.
Obligates specified FY2010-FY2013 appropriations for such activities.
(Sec. 304) Requires, with a national security waiver, that any direct U.S. assistance, and any information required by the United States prior to providing the assistance, made on or after January 1, 2010, to the government of Pakistan be provided to, or received from, civilian authorities of a freely elected government of Pakistan.
(Sec. 305) Expresses the sense of Congress that the Secretary should establish a communications strategy overseen by the U.S. Chief of Mission in Pakistan to engage the people of Pakistan to help ensure the success of the measures authorized by this Act.
(Sec. 306) Sets forth reporting requirements for the President and the Comptroller General of the United States.
(Sec. 307) Terminates the authority of this Act, other than section 104 and title IV, after September 30, 2013.
Title IV: Duty-Free Treatment for Certain Goods from Reconstruction Zones in Afghanistan and Pakistan - Afghanistan-Pakistan Security and Property Enhancement Act - (Sec. 403) Authorizes the President to designate Reconstruction Opportunity Zones in Afghanistan or Pakistan upon a determination that the appropriate country: (1) has established or is making progress toward establishing a market-based economy, the rule of law, and certain economic policies; (2) is eliminating trade and investment barriers; (3) does not engage in activities that undermine U.S. security or policy interests; (4) does not engage in gross violations of human rights; and (5) does not provide support for acts of international terrorism.
(Sec. 404) Provides for the duty-free treatment of certain nontextile and nonapparel articles from a Reconstruction Opportunity Zone.
Sets forth provisions regarding: (1) general rules of origin; (2) rules of origin for certain articles from Afghanistan; and (3) excluded costs.
(Sec. 405) Provides for the duty-free treatment of certain textile and apparel articles from a Reconstruction Opportunity Zone.
Sets forth provisions regarding: (1) covered articles; (2) rules of origin; and (3) rules of origin for covered articles that are products of one or more Reconstruction Opportunity Zones in Afghanistan.
(Sec. 406) Conditions duty-free treatment upon specified enforcement measures, including measures to prevent such articles' unlawful transshipment.
Sets forth customs procedure and enforcement provisions.
Directs: (1) the Secretary of the Treasury to promulgate regulations setting forth customs procedures similar to specified North American Free Trade Agreement (NAFTA) requirements; and (2) the President to deny all benefits under section 405 of this title for five years to an entity that has engaged in unlawful transshipment.
Directs U.S. Customs and Border Protection to provide technical assistance to Afghanistan and Pakistan for: (1) development and implementation of visa or electronic certification systems; and (2) anti-transshipment enforcement training. Authorizes FY2010-FY2023 appropriations.
(Sec. 407) Continues, after an initial 16-month period, the duty-free treatment of such articles from a Reconstruction Opportunity Zone in Afghanistan or Pakistan only if the President certifies to Congress that certain requirements have been met regarding: (1) establishment of a program to require textile or apparel exporting enterprises to participate in a technical assistance, capacity building, compliance assessment, and remediation program; and (2) designation of a labor official to oversee such program.
Authorizes compliance and duty-free extensions.
Sets forth program and reporting provisions.
Authorizes FY2010-FY2023 appropriations, with a separate authorization of appropriations for an evaluation and report by the Secretary of Labor.
(Sec. 408) Permits an interested party to file a request to have the eligibility status of Afghanistan or Pakistan reviewed.
(Sec. 409) Authorizes the President to withdraw, suspend, or limit the application of duty-free treatment under this Act. Requires congressional notification.
(Sec. 410) States that such duty-free treatment shall remain in effect through September 30, 2024.
(Sec. 411) Directs the Secretary of the Treasury to make specified customs fees increases in connection with imports and travel from Afghanistan and Pakistan.
Terminates such authority when the aggregate amount of collected fees equals $105 million.