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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.''.
