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[DOCID: f:h1561enr.txt]
H.R.1561
One Hundred Fourth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Wednesday,
the third day of January, one thousand nine hundred and ninety-six
An Act
To consolidate the foreign affairs agencies of the United States; to
authorize appropriations for the Department of State and related
agencies for fiscal years 1996 and 1997; to responsibly reduce the
authorizations of appropriations for United States foreign assistance
programs for fiscal years 1996 and 1997, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Foreign Relations
Authorization Act, Fiscal Years 1996 and 1997''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
DIVISION A--CONSOLIDATION OF FOREIGN AFFAIRS AGENCIES
TITLE I--GENERAL PROVISIONS
Sec. 101. Short title.
Sec. 102. Congressional findings.
Sec. 103. Purposes.
Sec. 104. Definitions.
TITLE II--UNITED STATES ARMS CONTROL AND DISARMAMENT AGENCY
Chapter 1--General Provisions
Sec. 201. Effective date.
Chapter 2--Abolition of United States Arms Control and Disarmament
Agency and Transfer of Functions
Sec. 211. Abolition of United States Arms Control and Disarmament
Agency.
Sec. 212. Transfer of functions to Secretary of State.
Sec. 213. Coordinator for Arms Control and Disarmament.
Chapter 3--Conforming Amendments
Sec. 221. References.
Sec. 222. Repeal of establishment of ACDA.
Sec. 223. Repeal of positions and offices.
Sec. 224. Authorities of Secretary of State.
Sec. 225. Conforming amendments.
TITLE III--UNITED STATES INFORMATION AGENCY
Chapter 1--General Provisions
Sec. 301. Effective date.
Chapter 2--Abolition of United States Information Agency and Transfer of
Functions
Sec. 311. Abolition of United States Information Agency.
Sec. 312. Transfer of functions.
Sec. 313. Under Secretary of State for Public Diplomacy.
Chapter 3--Conforming Amendments
Sec. 321. References in law.
Sec. 322. Amendments to title 5, United States Code.
Sec. 323. Amendments to United States Information and Educational
Exchange Act of 1948.
Sec. 324. Amendments to Mutual Educational and Cultural Exchange Act of
1961 (Fulbright-Hays Act).
Sec. 325. International broadcasting activities.
Sec. 326. Television broadcasting to Cuba.
Sec. 327. Radio broadcasting to Cuba.
Sec. 328. National Endowment for Democracy.
Sec. 329. United States scholarship program for developing countries.
Sec. 330. Fascell Fellowship Board.
Sec. 331. National Security Education Board.
Sec. 332. Center for Cultural and Technical Interchange Between North
and South.
Sec. 333. Center for Cultural and Technical Interchange Between East and
West.
Sec. 334. Mission of Department of State.
Sec. 335. Consolidation of administrative services.
Sec. 336. Grants.
Sec. 337. Ban on domestic activities.
Sec. 338. Conforming repeal to Arms Control and Disarmament Act.
Sec. 339. Repeal relating to procurement of legal services.
Sec. 340. Repeal relating to payment of subsistence expenses.
Sec. 341. Conforming amendment to SEED Act.
Sec. 342. International Cultural and Trade Center Commission.
Sec. 343. Other laws referenced in Reorganization Plan No. 2 of 1977.
Sec. 344. Exchange program with countries in transition from
totalitarianism to democracy.
Sec. 345. Edmund S. Muskie Fellowship Program.
Sec. 346. Implementation of Convention on Cultural Property.
Sec. 347. Mike Mansfield Fellowships.
Sec. 348. United States Advisory Committee for Public Diplomacy.
TITLE IV--AGENCY FOR INTERNATIONAL DEVELOPMENT
Chapter 1--General Provisions
Sec. 401. Effective date.
Chapter 2--Abolition of Agency for International Development and
Transfer of Functions
Sec. 411. Abolition of Agency for International Development and United
States International Development Cooperation Agency.
Sec. 412. Transfer of functions.
Sec. 413. Under Secretary of State for Development and for Economic and
Commercial Affairs.
Sec. 414. Abolition of Office of Inspector General of Agency for
International Development and transfer of functions.
Sec. 415. Abolition of Office of Chief Financial Officer of Agency for
International Development and transfer of functions.
Chapter 3--Conforming Amendments
Sec. 421. References.
Sec. 422. Exercise of functions by Secretary of State.
Sec. 423. Repeal of positions; employment and contracting authorities.
Sec. 424. Development Loan Committee.
Sec. 425. Development Coordination Committee.
Sec. 426. Public Law 83-480 program.
Sec. 427. Conforming amendments to title 5, United States Code.
Sec. 428. Trade Promotion Coordinating Committee.
Sec. 429. Additional conforming amendments.
TITLE V--OFFICES OF INSPECTORS GENERAL
Sec. 501. Repeal relating to Inspector General for United States Arms
Control and Disarmament Agency.
Sec. 502. Abolition of Office of Inspector General of United States
Information Agency and transfer of functions.
TITLE VI--TRANSITION
Chapter 1--Reorganization Plan and Waiver
Sec. 601. Reorganization plan.
Sec. 602. Waiver.
Chapter 2--Reorganization Authority
Sec. 611. Reorganization authority.
Sec. 612. Transfer and allocation of appropriations and personnel.
Sec. 613. Incidental transfers.
Sec. 614. Effect on personnel.
Sec. 615. Transition fund.
Sec. 616. Savings provisions.
Sec. 617. Property and facilities.
Sec. 618. Authority of Secretary of State to facilitate transition.
Sec. 619. Recommendations for additional conforming amendments.
Sec. 620. Final report.
Sec. 621. Transfer of function.
Sec. 622. Severability.
DIVISION B--FOREIGN RELATIONS AUTHORIZATIONS
TITLE X--GENERAL PROVISIONS
Sec. 1001. Short title.
Sec. 1002. Definitions.
TITLE XI--AUTHORIZATION OF APPROPRIATIONS FOR DEPARTMENT OF STATE AND
CERTAIN INTERNATIONAL AFFAIRS FUNCTIONS AND ACTIVITIES
Sec. 1101. Administration of foreign affairs.
Sec. 1102. International organizations, programs, and conferences.
Sec. 1103. International commissions.
Sec. 1104. Migration and refugee assistance.
Sec. 1105. Asia Foundation.
Sec. 1106. United States informational, educational, and cultural
programs.
Sec. 1107. United States arms control and disarmament.
Sec. 1108. Administration of foreign assistance.
Sec. 1109. Narcotics control assistance.
Sec. 1110. Peace Corps.
Sec. 1111. Housing guarantee program.
TITLE XII--DEPARTMENT OF STATE AUTHORITIES AND ACTIVITIES
Chapter 1--Authorities and Activities
Sec. 1201. Revision of Department of State rewards program.
Sec. 1202. Buying power maintenance account.
Sec. 1203. Expenses relating to certain international claims and
proceedings.
Sec. 1204. Denial of passports to noncustodial parents subject to State
arrest warrants in cases of nonpayment of child support.
Sec. 1205. Training.
Sec. 1206. Capital Investment Fund.
Sec. 1207. Lease-purchase of overseas property.
Sec. 1208. Fees for commercial services.
Sec. 1209. Reduction of reporting requirements.
Sec. 1210. Fee for use of diplomatic reception rooms.
Sec. 1211. International Center reserve funds.
Sec. 1212. Joint funds under agreements for cooperation in
environmental, scientific, cultural, and related areas.
Sec. 1213. Efficiency in procurement.
Sec. 1214. Concerning the use of funds to further
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normalize relations
with Vietnam.
Sec. 1215. Diplomatic Telecommunications Service.
Chapter 2--Consular Authorities of the Department of State
Sec. 1231. Fees for machine readable visas.
Sec. 1232. Fingerprint check requirement.
Sec. 1233. Use of certain passport processing fees for enhanced passport
services.
Sec. 1234. Consular officers.
Sec. 1235. Fee for diversity immigrant lottery.
Sec. 1236. Fee for execution of passport applications.
Sec. 1237. Exclusion from the United States for membership in a
terrorist organization.
Sec. 1238. Terrorist Lookout Committees.
Sec. 1239. Incitement as a basis for exclusion from the United States.
Chapter 3--Refugees and Migration
Sec. 1251. Report to Congress concerning Cuban emigration policies.
Sec. 1252. Extension of certain adjudication provisions.
Sec. 1253. United States policy regarding the involuntary return of
refugees.
Sec. 1254. Report on Iraqi refugees.
Sec. 1255. Persecution for resistance to coercive population control
methods.
Sec. 1256. United States policy with respect to the involuntary return
of persons in danger of subjection to torture.
TITLE XIII--ORGANIZATION OF THE DEPARTMENT OF STATE; DEPARTMENT OF STATE
PERSONNEL; THE FOREIGN SERVICE
Chapter 1--Organization of the Department of State
Sec. 1301. Coordinator for Counterterrorism.
Sec. 1302. Authority of United States Permanent Representative to the
United Nations.
Sec. 1303. Special Envoy for Tibet.
Sec. 1304. Responsibilities of bureau charged with migration and refugee
assistance.
Sec. 1305. Elimination of statutory establishment of certain positions
of the Department of State.
Sec. 1306. Management of the human resources of the Department of State.
Chapter 2--Personnel of the Department of State; the Foreign Service
Sec. 1351. Authorized strength of the Foreign Service.
Sec. 1352. Restriction on lobbying activities of former United States
chiefs of mission.
Sec. 1353. Limitations on management assignments.
Sec. 1354. Nonovertime differential pay.
Sec. 1355. Recovery of costs of health care services.
Sec. 1356. Report on promotion and retention of personnel.
Sec. 1357. Foreign Service reform.
TITLE XIV--UNITED STATES PUBLIC DIPLOMACY: AUTHORITIES AND ACTIVITIES
FOR UNITED STATES INFORMATIONAL, EDUCATIONAL, AND CULTURAL PROGRAMS
Sec. 1401. Availability of Voice of America and Radio Marti multilingual
computer readable text and voice recordings.
Sec. 1402. Center for Cultural and Technical Interchange Between North
and South.
Sec. 1403. Expansion of Muskie Fellowship Program.
Sec. 1404. Mansfield Fellowship Program requirements.
Sec. 1405. Pilot program on advertising on USIA television and radio
broadcasts.
Sec. 1406. Changes in administrative authorities.
Sec. 1407. Retention of interest.
Sec. 1408. Conduct of certain educational and cultural exchange
programs.
Sec. 1409. Extension of Au Pair programs.
Sec. 1410. Educational and cultural exchanges and scholarships for
Tibetans and Burmese.
Sec. 1411. Initiation of broadcasts by Radio Free Asia.
Sec. 1412. Distribution within the United States of the United States
Information Agency film entitled ``The Fragile Ring of Life''.
TITLE XV--INTERNATIONAL ORGANIZATIONS AND COMMISSIONS
Chapter 1--General Provisions
Sec. 1501. Termination of United States participation in certain
international organizations.
Sec. 1502. International Boundary and Water Commission.
Sec. 1503. Prohibition on assistance to international organizations
espousing world government.
Sec. 1504. International Covenant on Civil and Political Rights.
Sec. 1505. United States participation in single commodity international
organizations.
Chapter 2--United Nations and Affiliated Agencies and Organizations
Sec. 1521. Reform in budget decisionmaking procedures of the United
Nations and its specialized agencies.
Sec. 1522. Report on UNICEF.
Sec. 1523. United Nations budgetary and management reform.
Sec. 1524. Limitation on assessment percentage for peacekeeping
activities.
Sec. 1525. Annual report on United States contributions to United
Nations peacekeeping activities.
Sec. 1526. Prior congressional notification of Security Council votes on
United Nations peacekeeping activities.
Sec. 1527. Codification of required notice to Congress of proposed
United Nations peacekeeping activities.
Sec. 1528. Restrictions on intelligence sharing with the United Nations.
TITLE XVI--FOREIGN POLICY PROVISIONS
Sec. 1601. Applicability of Taiwan Relations Act.
Sec. 1602. Report on occupied Tibet.
Sec. 1603. Taipei Representative Office.
Sec. 1604. Efforts against emerging infectious diseases.
Sec. 1605. Statutory construction.
Sec. 1606. Reports regarding Hong Kong.
Sec. 1607. The United States-North Korea Agreed Framework of October 21,
1994, and the Korean Peninsula Energy Development Organization
(KEDO).
Sec. 1608. International criminal court participation.
Sec. 1609. Prohibition on the transfer of arms to Indonesia.
Sec. 1610. Bosnia and Herzegovina Self-Defense Fund.
Sec. 1611. Reports to Congress on aspects of implementation of the
General Framework Agreement.
Sec. 1612. Verification of Missile Technology Control Regime.
Sec. 1613. Repeal of termination of provisions of the Nuclear
Proliferation Prevention Act of 1994.
Sec. 1614. Payment of Iraqi claims.
Sec. 1615. International Fund for Ireland.
Sec. 1616. Deobligation of certain unexpended economic assistance funds.
Sec. 1617. Limitation on assistance to countries that restrict the
transport or delivery of United States humanitarian
assistance.
TITLE XVII--CONGRESSIONAL STATEMENTS
Sec. 1701. The Laogai system of political prisons.
Sec. 1702. Declaration of Congress regarding United States Government
human rights policy toward China.
Sec. 1703. United States relations with the Former Yugoslav Republic of
Macedonia (FYROM).
Sec. 1704. Displaced persons.
Sec. 1705. Sense of Congress on border crossing fees.
Sec. 1706. Inter-American organizations.
Sec. 1707. Escalating costs for international peacekeeping activities.
Sec. 1708. Visit of the President of the Republic of China on Taiwan.
Sec. 1709. Republic of China on Taiwan's participation in GATT and WTO.
Sec. 1710. Industrial park for Gaza or the West Bank.
DIVISION A--CONSOLIDATION OF FOREIGN AFFAIRS AGENCIES
TITLE I--GENERAL PROVISIONS
SEC. 101. SHORT TITLE.
This division may be cited as the ``Foreign Affairs Agencies
Consolidation Act of 1996''.
SEC. 102. CONGRESSIONAL FINDINGS.
Congress makes the following findings:
(1) With the end of the Cold War, the international challenges
facing the United States have changed, but the fundamental national
interests of the United States have not. The security, economic,
and humanitarian interests of the United States require continued
United States engagement in international affairs. The leading role
of the United States in world affairs will be as important in the
twenty-first century as it has been in the twentieth.
(2) The United States budget deficit requires that the foreign
as well as the domestic programs and activities of the United
States be carefully reviewed for potential savings. Wherever
possible, foreign programs and activities must be streamlined,
managed more efficiently, and adapted to the requirements of the
post-Cold War era.
(3) In order to downsize the foreign programs and activities of
the United States without jeopardizing United States interests,
strong and effective leadership will be required. As the official
principally responsible for the conduct of foreign policy, the
Secretary of State must have the authority
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to allocate efficiently
the resources within the international affairs budget. As a first
step in the downsizing process, the proliferation of foreign
affairs agencies that occurred during the Cold War must be
reversed, and the functions of these agencies must be restored to
the Secretary of State.
(4) A streamlined and reorganized foreign affairs structure
under the strengthened leadership of the Secretary of State can
more effectively promote the international interests of the
United States in the next century than the existing structure.
SEC. 103. PURPOSES.
The purposes of this division are--
(1) to consolidate and reinvent the foreign affairs agencies of
the United States within the Department of State;
(2) to assist congressional efforts to balance the Federal
budget and reduce the Federal debt;
(3) to provide for the reorganization of the Department of
State to maximize the efficient use of resources, eliminate
redundancy in functions, effect budget savings, and improve the
management of the Department of State;
(4) to ensure that the United States maintains adequate
representation abroad within budgetary restraints;
(5) to ensure that programs critical to the promotion of United
States national interests be maintained;
(6) to encourage United States foreign affairs agencies to
maintain a high percentage of the best qualified, most competent
United States citizens serving in the United States Government
while downsizing significantly the total number of people employed
by such agencies;
(7) to strengthen--
(A) the coordination of United States foreign policy; and
(B) the leading role of the Secretary of State in the
formulation and articulation of United States foreign policy;
and
(8) to abolish, not later than March 1, 1997, the United States
Arms Control and Disarmament Agency, the United States Information
Agency, the United States International Development Cooperation
Agency, and the Agency for International Development.
SEC. 104. DEFINITIONS.
The following terms have the following meanings for the purposes of
this division:
(1) The term ``ACDA'' means the United States Arms Control and
Disarmament Agency.
(2) The term ``AID'' means the Agency for International
Development.
(3) The term ``appropriate congressional committees'' means the
Committee on International Relations of the House of
Representatives and the Committee on Foreign Relations of the
Senate.
(4) The term ``Department'' means the Department of State.
(5) The term ``Federal agency'' has the meaning given to the
term ``agency'' by section 551(1) of title 5, United States Code.
(6) The term ``function'' means any duty, obligation, power,
authority, responsibility, right, privilege, activity, or program.
(7) The term ``office'' includes any office, administration,
agency, institute, unit, organizational entity, or component
thereof.
(8) The term ``Secretary'' means the Secretary of State.
(9) The term ``USIA'' means the United States Information
Agency.
TITLE II--UNITED STATES ARMS CONTROL AND DISARMAMENT AGENCY
CHAPTER 1--GENERAL PROVISIONS
SEC. 201. EFFECTIVE DATE.
(a) In General.--Except as provided in subsection (b), this title,
and the amendments made by this title, shall take effect on the earlier
of--
(1) March 1, 1997; or
(2) the date of abolition of the United States Arms Control and
Disarmament Agency pursuant to the reorganization plan described in
section 601.
(b) Exception.--This title shall not take effect if the President
waives the applicability of this title pursuant to section 602.
CHAPTER 2--ABOLITION OF UNITED STATES ARMS CONTROL AND DISARMAMENT
AGENCY AND TRANSFER OF FUNCTIONS
SEC. 211. ABOLITION OF UNITED STATES ARMS CONTROL AND DISARMAMENT
AGENCY.
The United States Arms Control and Disarmament Agency is abolished.
SEC. 212. TRANSFER OF FUNCTIONS TO SECRETARY OF STATE.
There are transferred to the Secretary of State all functions of
the Director of the United States Arms Control and Disarmament Agency
and all functions of the United States Arms Control and Disarmament
Agency and any office or component of such agency under any statute,
reorganization plan, Executive order, or other provision of law as of
the day before the effective date of this title, except as otherwise
provided in this division.
SEC. 213. COORDINATOR FOR ARMS CONTROL AND DISARMAMENT.
(a) Establishment of Coordinator for Arms Control and
Disarmament.--Section 1 of the State Department Basic Authorities Act
of 1956 (22 U.S.C. 2651a) is amended--
(1) by redesignating subsection (e) as subsection (f); and
(2) by inserting after subsection (d) the following new
subsection (e):
``(e) Coordinator for Arms Control and Disarmament.--(1) There
shall be within the office of the Secretary of State a Coordinator for
Arms Control and Disarmament (hereafter in this subsection referred to
as the `Coordinator') who shall be appointed by the President, by and
with the advice and consent of the Senate. The Coordinator shall report
directly to the Secretary of State.
``(2)(A) The Coordinator shall perform such duties and exercise
such power as the Secretary of State shall prescribe.
``(B) The Coordinator shall be responsible for arms control and
disarmament matters. The Coordinator shall head the Bureau of Arms
Control and Disarmament.
``(3) The Coordinator shall have the rank and status of Ambassador-
at-Large. The Coordinator shall be compensated at the annual rate of
basic pay in effect for a position at level IV of the Executive
Schedule under section 5314 of title 5, United States Code, or, if the
Coordinator is appointed from the Foreign Service, the annual rate of
pay which the individual last received under the Foreign Service
Schedule, whichever is greater.''.
(b) Participation in Meetings of National Security Council.--
Section 101 of the National Security Act of 1947 (50 U.S.C. 402) is
amended by adding at the end the following new subsection:
``(i) The Coordinator for Arms Control and Disarmament may, in the
role of advisor to the National Security Council on arms control and
disarmament matters, and subject to the direction of the President,
attend and participate in meetings of the National Security Council.''.
CHAPTER 3--CONFORMING AMENDMENTS
SEC. 221. REFERENCES.
Any reference in any statute, reorganization plan, Executive order,
regulation, agreement, determination, or other official document or
proceeding to--
(1) the Director of the United States Arms Control and
Disarmament Agency, or any other officer or employee of the United
States Arms Control and Disarmament Agency, shall be deemed to
refer to the Secretary of State; and
(2) the United States Arms Control and Disarmament Agency shall
be deemed to refer to the Department of State.
SEC. 222. REPEAL OF ESTABLISHMENT OF ACDA.
Section 21 of the Arms Control and Disarmament Act (22 U.S.C. 2561;
relating to the establishment of ACDA) is repealed.
SEC. 223. REPEAL OF POSITIONS AND OFFICES.
The following sections of the Arms Control and Disarmament Act are
repealed:
(1) Section 22 (22 U.S.C. 2562; relating to the Director).
(2) Section 23 (22 U.S.C. 2563; relating to the Deputy
Director).
(3) Section 24 (22 U.S.C. 2564; relating to Assistant
Directors).
(4) Section 25 (22 U.S.C. 2565; relating to bureaus, offices,
and divisions).
SEC. 224. AUTHORITIES OF SECRETARY OF STATE.
(a) In General.--(1) Except as provided in paragraph (2), the Arms
Control and Disarmament Act (22 U.S.C. 2551 et seq.) is amended by
striking ``Agency'' and ``Director'' each place it
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appears and
inserting ``Department'' and ``Secretary'', respectively.
(2) No amendment shall be made under paragraph (1) to references to
the On-Site Inspection Agency or to the Director of Central
Intelligence.
(b) Purpose.--Section 2 of such Act (22 U.S.C. 2551) is amended--
(1) by striking the second, fourth, fifth, and sixth sentences;
and
(2) in the seventh sentence--
(A) by striking ``It'' and all that follows through
``State,'' and inserting ``The Department of State shall have
the authority''; and
(B) by striking ``primary''.
(c) Definitions.--Section 3 of such Act (22 U.S.C. 2552) is amended
by striking paragraph (c) and inserting the following:
``(c) The term `Department' means the Department of State.
``(d) The term `Secretary' means the Secretary of State.''.
(d) Scientific and Policy Advisory Committee.--Section 26(b) of
such Act (22 U.S.C. 2566(b)) is amended by striking ``, the Secretary
of State, and the Director'' and inserting ``and the Secretary of
State''.
(e) Presidential Special Representatives.--Section 27 of such Act
(22 U.S.C. 2567) is amended by striking ``, acting through the
Director''.
(f) Program for Visiting Scholars.--Section 28 of such Act (22
U.S.C. 2568) is amended--
(1) in the second sentence, by striking ``Agency's activities''
and inserting ``Department's arms control, nonproliferation, and
disarmament activities''; and
(2) in the fourth sentence, by striking ``, and all former
Directors of the Agency''.
(g) Policy Formulation.--Section 33(a) of such Act (22 U.S.C.
2573(a)) is amended by striking ``shall prepare for the President, the
Secretary of State,'' and inserting ``shall prepare for the
President''.
(h) Negotiation Management.--Section 34 of such Act (22 U.S.C.
2574) is amended--
(1) in subsection (a), by striking ``the President and the
Secretary of State'' and inserting ``the President''; and
(2) by striking subsection (b).
(i) Verification of Compliance.--Section 37(d) of such Act (22
U.S.C. 2577(d)) is amended by striking ``Director's designee'' and
inserting ``Secretary's designee''.
(j) General Authority.--Section 41 of such Act (22 U.S.C. 2581) is
repealed.
(k) Security Requirements.--Section 45 of such Act (22 U.S.C. 2585)
is amended--
(1) by striking subsections (a), (b), and (d); and
(2) by striking ``(c)'' before ``The Atomic Energy
Commission''.
(l) Use of Funds.--Section 48 of such Act (22 U.S.C. 2588) is
repealed.
(m) Annual Report.--Section 51(a) of such Act (22 U.S.C. 2593a(a))
is amended by striking ``the Secretary of State,''.
(n) Requirement for Authorization of Appropriations.--Section 53 of
such Act (22 U.S.C. 2593c) is repealed.
(o) On-Site Inspection Agency.--Section 61 of such Act (22 U.S.C.
2595) is amended--
(1) in paragraph (1), by striking ``United States Arms Control
and Disarmament Agency is'' and inserting ``Department of State and
the Department of Defense are respectively''; and
(2) in paragraph (7), by striking ``the United States Arms
Control and Disarmament Agency and''.
SEC. 225. CONFORMING AMENDMENTS.
(a) Arms Export Control Act.--The Arms Export Control Act is
amended--
(1) in section 36(b)(1)(D) (22 U.S.C. 2776(b)(1)(D)), by
striking ``Director of the Arms Control and Disarmament Agency in
consultation with the Secretary of State and'' and inserting
``Secretary of State in consultation with'';
(2) in section 38(a)(2) (22 U.S.C. 2778(a)(2))--
(A) in the first sentence, by striking ``Director of the
United States Arms Control and Disarmament Agency, taking into
account the Director's'' and inserting ``Secretary of State,
taking into account the Secretary's''; and
(B) in the second sentence, by striking ``The Director of
the Arms Control and Disarmament Agency is authorized, whenever
the Director'' and inserting ``The Secretary of State is
authorized, whenever the Secretary'';
(3) in section 42(a) (22 U.S.C. 2791(a))--
(A) in paragraph (1)(C), by striking ``Director of the
United States Arms Control and Disarmament Agency'' and
inserting ``Secretary of State''; and
(B) in paragraph (2)--
(i) in the first sentence, by striking ``Director of
the United States Arms Control and Disarmament Agency'' and
inserting ``Secretary of State''; and
(ii) in the second sentence, by striking ``Director of
the Arms Control and Disarmament Agency is authorized,
whenever the Director'' and inserting ``Secretary of State
is authorized, whenever the Secretary'';
(4) in section 71(a) (22 U.S.C. 2797(a)), by striking ``, the
Director of the Arms Control and Disarmament Agency,'' and
inserting ``Secretary of State'';
(5) in section 71(b)(1) (22 U.S.C. 2797(b)(1)), by striking
``Director of the United States Arms Control and Disarmament
Agency'' and inserting ``Secretary of State'';
(6) in section 71(b)(2) (22 U.S.C. 2797(b)(2))--
(A) by striking ``Director of the United States Arms
Control and Disarmament Agency'' and inserting ``Secretary of
State''; and
(B) by striking ``or the Director'';
(7) in section 71(c) (22 U.S.C. 2797(c)), by striking
``Director of the United States Arms Control and Disarmament
Agency,'' and inserting ``Secretary of State''; and
(8) in section 73(d) (22 U.S.C. 2797b(d)), by striking ``, the
Secretary of Commerce, and the Director of the United States Arms
Control and Disarmament Agency'' and inserting ``and the Secretary
of Commerce''.
(b) United States Institute of Peace Act.--Section 1706(b) of the
United States Institute of Peace Act (22 U.S.C. 4605(b)) is amended--
(1) by striking out paragraph (3);
(2) by redesignating paragraphs (4) and (5) as paragraphs (3)
and (4), respectively; and
(3) in paragraph (4) (as redesignated by paragraph (2)), by
striking ``Eleven'' and inserting ``Twelve''.
(c) Atomic Energy Act of 1954.--The Atomic Energy Act of 1954 is
amended--
(1) in section 57 b. (42 U.S.C. 2077(b))--
(A) in the first sentence, by striking ``the Arms Control
and Disarmament Agency,''; and
(B) in the second sentence, by striking ``the Director of
the Arms Control and Disarmament Agency,''; and
(2) in section 123 (42 U.S.C. 2153)--
(A) in subsection a. (in the text below paragraph (9))--
(i) by striking ``and in consultation with the Director
of the Arms Control and Disarmament Agency (`the
Director')''; and
(ii) by striking ``and the Director'' and inserting
``and the Secretary of Defense'';
(B) in subsection d., in the first proviso, by striking
``Director of the Arms Control and Disarmament Agency'' and
inserting ``Secretary of Defense''; and
(C) in the first undesignated paragraph following
subsection d., by striking ``the Arms Control and Disarmament
Agency,''.
(d) Nuclear Non-Proliferation Act of 1978.--The Nuclear Non-
Proliferation Act of 1978 is amended--
(1) in section 4, by striking paragraph (2);
(2) in section 102, by striking ``the Secretary of State, and
the Director of the Arms Control and Disarmament Agency'' and
inserting ``and the Secretary of State''; and
(3) in section 602(c), by striking ``the Arms Control and
Disarmament Agency,''.
(e) Title 5, United States Code.--Title 5, United States Code, is
amended--
(1) in section 5313, by striking ``Director of the United
States Arms Control and Disarmament Agency.'';
(2) in section 5314, by striking ``Deputy Director of the
U
2000
nited States Arms Control and Disarmament Agency.'';
(3) in section 5315--
(A) by striking ``Assistant Directors, United States Arms
Control and Disarmament Agency (4).''; and
(B) by striking ``Special Representatives of the President
for arms control, nonproliferation, and disarmament matters,
United States Arms Control and Disarmament Agency'', and
inserting ``Special Representatives of the President for arms
control, nonproliferation, and disarmament matters, Department
of State''; and
(4) in section 5316, by striking ``General Counsel of the
United States Arms Control and Disarmament Agency.''.
TITLE III--UNITED STATES INFORMATION AGENCY
CHAPTER 1--GENERAL PROVISIONS
SEC. 301. EFFECTIVE DATE.
(a) In General.--Except as provided in subsection (b), this title,
and the amendments made by this title, shall take effect on the earlier
of--
(1) March 1, 1997; or
(2) the date of abolition of the United States Information
Agency pursuant to the reorganization plan described in section
601.
(b) Exception.--This title shall not take effect if the President
waives the applicability of this title pursuant to section 602.
CHAPTER 2--ABOLITION OF UNITED STATES INFORMATION AGENCY AND TRANSFER
OF FUNCTIONS
SEC. 311. ABOLITION OF UNITED STATES INFORMATION AGENCY.
The United States Information Agency is abolished.
SEC. 312. TRANSFER OF FUNCTIONS.
(a) Transfer to Secretary of State.--There are transferred to the
Secretary of State all functions of the Director of the United States
Information Agency and all functions of the United States Information
Agency and any office or component of such agency under any statute,
reorganization plan, Executive order, or other provision of law as of
the day before the effective date of this title, except as otherwise
provided in this division.
(b) Transfer to Broadcasting Board of Governors.--There are
transferred to the Broadcasting Board of Governors of the Department of
State under title III of the Foreign Relations Authorization Act,
Fiscal Years 1994 and 1995 (Public Law 103-236), as amended by this
Act, all functions of the Broadcasting Board of Governors of the United
States Information Agency as of the day before the effective date of
this title.
SEC. 313. UNDER SECRETARY OF STATE FOR PUBLIC DIPLOMACY.
Section 1(b) of the State Department Basic Authorities Act of 1956
(22 U.S.C. 2651a(b)) is amended--
(1) by striking ``There'' and inserting the following:
``(1) In general.--There''; and
(2) by adding at the end the following:
``(2) Under secretary for public diplomacy.--There shall be in
the Department of State, among the Under Secretaries authorized by
paragraph (1), an Under Secretary for Public Diplomacy who shall
have responsibility to assist the Secretary and the Deputy
Secretary in the formation and implementation of United States
public diplomacy policies and activities, including international
educational and cultural exchange programs, information, and
international broadcasting.''.
CHAPTER 3--CONFORMING AMENDMENTS
SEC. 321. REFERENCES IN LAW.
Any reference in any statute, reorganization plan, Executive order,
regulation, agreement, determination, or other official document or
proceeding to--
(1) the Director of the United States Information Agency or the
Director of the International Communication Agency shall be deemed
to refer to the Secretary of State; and
(2) the United States Information Agency, USIA, or the
International Communication Agency shall be deemed to refer to the
Department of State.
SEC. 322. AMENDMENTS TO TITLE 5, UNITED STATES CODE.
Title 5, United States Code, is amended--
(1) in section 5313, by striking ``Director of the United
States Information Agency.'';
(2) in section 5315, by striking ``Deputy Director of the
United States Information Agency.''; and
(3) in section 5316, by striking ``Deputy Director, Policy and
Plans, United States Information Agency.'' and striking ``Associate
Director (Policy and Plans), United States Information Agency.''.
SEC. 323. AMENDMENTS TO UNITED STATES INFORMATION AND EDUCATIONAL
EXCHANGE ACT OF 1948.
(a) References in Section.--Except as specifically provided in this
section, whenever in this section an amendment or repeal is expressed
as an amendment or repeal of a provision, the reference shall be deemed
to be made to the United States Information and Educational Exchange
Act of 1948 (22 U.S.C. 1431 et seq.).
(b) In General.--Except as otherwise provided in this section, the
Act (other than section 604 and subsections (a) and (c) of section 701)
is amended--
(1) by striking ``United States Information Agency'' each place
it appears and inserting ``Department of State'';
(2) by striking ``Director of the United States Information
Agency'' each place it appears and inserting ``Secretary of
State'';
(3) by striking ``Director'' each place it appears and
inserting ``Secretary of State'';
(4) by striking ``USIA'' each place it appears and inserting
``Department of State''; and
(5) by striking ``Agency'' each place it appears and inserting
``Department of State''.
(c) Satellite and Television Broadcasts.--Section 505 (22 U.S.C.
1464a) is amended--
(1) by striking ``Director of the United States Information
Agency'' each of the three places it appears and inserting
``Secretary of State'';
(2) in subsection (b), by striking ``To be effective, the
United States Information Agency'' and inserting ``To be effective
in carrying out this subsection, the Department of State'';
(3) by striking ``USIA-TV'' each place it appears and inserting
``DEPARTMENT OF STATE-TV''; and
(4) by striking subsection (e).
(d) Nondiscretionary Personnel Costs and Currency Fluctuations.--
Section 704 (22 U.S.C. 1477b) is amended--
(1) in subsection (b), by inserting after ``authorized by law''
the following: ``in connection with carrying out the informational
and educational exchange functions of the Department''; and
(2) in subsection (c), by striking ``United States Information
Agency'' each place it appears and inserting ``Department of State
in carrying out the informational and educational exchange
functions of the Department''.
(e) Reprogramming Notifications.--Section 705 (22 U.S.C. 1477c) is
amended by striking ``United States Information Agency'' each place it
appears and inserting ``Department of State in carrying out its
informational and educational exchange functions''.
(f) Authorities of the Secretary.--Section 801(3) (22 U.S.C.
1471(3)) is amended by striking ``if the sufficiency'' and all that
follows and inserting ``if the Secretary determines that title to such
real property or interests is sufficient;''.
(g) Repeal of the USIA Seal.--Section 807 (22 U.S.C. 1475b) is
repealed.
(h) Acting Associate Directors.--Section 808 (22 U.S.C. 1475c) is
repealed.
(i) Debt Collection.--Section 811 (22 U.S.C. 1475f) is amended by
inserting ``informational and educational exchange'' before
``activities'' each place it appears.
(j) Overseas Posts.--Section 812 (22 U.S.C. 1475g) is amended by
striking ``United States Information Agency post'' each place it
appears and inserting ``informational and educational exchange post of
the Department of State''.
(k) Definition.--Section 4 (22 U.S.C. 1433) is amended by adding at
the end the following:
``(4) `informational and educational exchange functions', with
respect to the Department of State, refers to functions exercised
by the United States Information Agency before the effective date
of title III of the Foreign Affairs Agencies Consolidation
2000
Act of
1996.''.
SEC. 324. AMENDMENTS TO MUTUAL EDUCATIONAL AND CULTURAL EXCHANGE ACT OF
1961 (FULBRIGHT-HAYS ACT).
(a) References in Section.--Except as specifically provided in this
section, whenever in this section an amendment or repeal is expressed
as an amendment or repeal of a provision, the reference shall be deemed
to be made to the Mutual Educational and Cultural Exchange Act of 1961
(22 U.S.C. 2451 et seq.).
(b) In General.--The Act (22 U.S.C. 2451 et seq.) is amended by
striking ``Director of the International Communication Agency'' each
place it appears and inserting ``Secretary of State''.
(c) Program Authorities.--(1) Section 102(a) (22 U.S.C. 2452(a)) is
amended by striking ``President'' each place it appears and inserting
``Secretary of State''.
(2) Section 102(b) (22 U.S.C. 2452(b)) is amended by striking
``President'' and inserting ``Secretary of State (except, in the case
of paragraphs (6) and (10), the President)''.
(d) International Agreements.--Section 103 (22 U.S.C. 2453) is
amended by striking ``President'' each place it appears and inserting
``Secretary of State''.
(e) Personnel Benefits.--Section 104(d) (22 U.S.C. 2454(d)) is
amended by striking ``President'' each place it appears and inserting
``Secretary of State''.
(f) Foreign Student Counseling.--Section 104(e)(3) (22 U.S.C.
2454(e)(3)) is amended by striking ``President'' and inserting
``Secretary of State''.
(g) Publicity and Promotion Overseas.--Section 104(e)(4) (22 U.S.C.
2454(e)(4)) is amended by striking ``President'' and inserting
``Secretary of State''.
(h) Use of Funds.--Section 105(e) (22 U.S.C. 2455(e)) is amended by
striking ``President'' each place it appears and inserting ``Secretary
of State''.
(i) Repeal of Authority for Abolished Advisory Committee.--Section
106(c) of the Mutual Educational and Cultural Exchange Act of 1961 (22
U.S.C. 2456(c)) is repealed.
(j) Bureau of Educational and Cultural Affairs.--
(1) In general.--Section 112(a) (22 U.S.C. 2460(a)) is amended
by striking the first sentence and inserting the following: ``In
order to carry out the purposes of this Act, there is established
in the Department of State a Bureau for International Exchange
Activities (in this section referred to as the `Bureau').''.
(2) Implementation of programs.--Section 112(c) (22 U.S.C.
2460(c)) is amended by striking ``President'' each place it appears
and inserting ``Secretary of State''.
SEC. 325. INTERNATIONAL BROADCASTING ACTIVITIES.
(a) In General.--(1) Except as otherwise provided in paragraph (2),
title III of the Foreign Relations Authorization Act, Fiscal Years 1994
and 1995 (Public Law 103-236) is amended--
(A) by striking ``Director of the United States Information
Agency'' or ``Director'' each place it appears and inserting
``Under Secretary of State for Public Diplomacy'';
(B) by striking all references to ``United States Information
Agency'' that were not stricken in subparagraph (A) and inserting
``Department of State'';
(C) in section 305(a)(1), by inserting ``(including activities
of the Voice of America previously carried out by the United States
Information Agency)'' after ``this title'';
(D) in section 305(b), by striking ``Agency's'' each place it
appears and inserting ``Department's''; and
(E) by striking ``Bureau'' each place it appears and inserting
``Office''.
(2) Title III of such Act is amended--
(A) in section 304(c)--
(i) by striking ``Director's'' and inserting ``Under
Secretary's''; and
(ii) in the fifth sentence, by striking ``Director of the
United States Information Agency, the acting Director of the
agency'' and inserting ``Under Secretary of State for Public
Diplomacy, the acting Under Secretary'';
(B) in sections 305(b) and 307(b)(1), by striking ``Director of
the Bureau'' each place it appears and inserting ``Director of the
Office''; and
(C) in section 310(d), by striking ``Director on the date of
enactment of this Act, to the extent that the Director'' and
inserting ``Under Secretary on the effective date of title III of
the Foreign Affairs Agencies Consolidation Act of 1996, to the
extent that the Under Secretary''.
(b) Conforming Amendment to Title 5.--Section 5315 of title 5,
United States Code, is amended by striking ``Director of the
International Broadcasting Bureau, the United States Information
Agency'' and inserting ``Director of the International Broadcasting
Office, the Department of State''.
SEC. 326. TELEVISION BROADCASTING TO CUBA.
(a) Authority.--Section 243(a) of the Television Broadcasting to
Cuba Act (as contained in part D of title II of Public Law 101-246) (22
U.S.C. 1465bb(a)) is amended by striking ``United States Information
Agency (hereafter in this part referred to as the `Agency')'' and
inserting ``Department of State (hereafter in this title referred to as
the `Department')''.
(b) Television Marti Service.--Section 244 of such Act (22 U.S.C.
1465cc) is amended--
(1) in subsection (a)--
(A) by amending the first sentence to read as follows:
``The Secretary of State shall administer within the Voice of
America the Television Marti Service.''; and
(B) in the third sentence, by striking ``Director of the
United States Information Agency'' and inserting ``Secretary of
State'';
(2) in subsection (b)--
(A) in the subsection heading, by striking ``USIA'' and
inserting ``Department of State'';
(B) by striking ``Agency facilities'' and inserting
``Department facilities''; and
(C) by striking ``United States Information Agency
Television Service'' and inserting ``Department of State
Television Service''; and
(3) in subsection (c)--
(A) by striking ``USIA Authority.--The Agency'' and
inserting ``Secretary of State Authority.--The Secretary of
State''; and
(B) by striking ``Agency'' the second place it appears and
inserting ``Secretary of State''.
(c) Assistance From Other Government Agencies.--Section 246 of such
Act (22 U.S.C. 1465dd) is amended--
(1) by striking ``United States Information Agency'' and
inserting ``Department of State''; and
(2) by striking ``the Agency'' and inserting ``the
Department''.
(d) Authorization of Appropriations.--Section 247(a) of such Act
(22 U.S.C. 1465ee(a)) is repealed.
SEC. 327. RADIO BROADCASTING TO CUBA.
(a) Functions of the Department of State.--Section 3 of the Radio
Broadcasting to Cuba Act (22 U.S.C. 1465a) is amended--
(1) in the section heading, by striking ``United States
Information Agency'' and inserting ``Department of State'';
(2) in subsection (a), by striking ``United States Information
Agency (hereafter in this Act referred to as the `Agency')'' and
inserting ``Department of State (hereafter in this Act referred to
as the `Department')'';
(3) by striking subsection (d); and
(4) in subsection (f), by striking ``Director of the United
States Information Agency'' and inserting ``Secretary of State''.
(b) Cuba Service.--Section 4 of such Act (22 U.S.C. 1465b) is
amended--
(1) by amending the first sentence to read as follows: ``The
Secretary of State shall administer within the Voice of America the
Cuba Service (hereafter in this section referred to as the
`Service').''; and
(2) in the third sentence, by striking ``Director of the United
States Information Agency'' and inserting ``Secretary of State''.
(c) Assistance From Other Government Agencies.--Section 6 of such
Act (22 U.S.C. 1465d) is amended--
(1) in subsection (a)--
(A) by striking ``United States Information Agency'' and
inserting ``Department of State''; an
2000
d
(B) by striking ``the Agency'' and inserting ``the
Department''; and
(2) in subsection (b)--
(A) by striking ``The Agency'' and inserting ``The
Department''; and
(B) by striking ``the Agency'' and inserting ``the
Secretary of State''.
(d) Facility Compensation.--Section 7 of such Act (22 U.S.C. 1465e)
is amended--
(1) in subsection (b), by striking ``the Agency'' and inserting
``the Department''; and
(2) in subsection (d), by striking ``Agency'' and inserting
``Department''.
(e) Authorization of Appropriations.--Section 8 of such Act (22
U.S.C. 1465f) is amended--
(1) by striking subsections (a) and (b) and inserting the
following:
``(a) The amount obligated by the Department of State each fiscal
year to carry out this Act shall be sufficient to maintain broadcasts
to Cuba under this Act at rates no less than the fiscal year 1985 level
of obligations by the former United States Information Agency for such
broadcasts.''; and
(2) by redesignating subsection (c) as subsection (b).
SEC. 328. NATIONAL ENDOWMENT FOR DEMOCRACY.
(a) Grants.--Section 503 of Public Law 98-164, as amended (22
U.S.C. 4412) is amended--
(1) in subsection (a)--
(A) by striking ``Director of the United States Information
Agency'' and inserting ``Secretary of State'';
(B) by striking ``the Agency'' and inserting ``the
Department of State''; and
(C) by striking ``the Director'' and inserting ``the
Secretary of State''; and
(2) in subsection (b), by striking ``United States Information
Agency'' and inserting ``Department of State''.
(b) Audits.--Section 504(g) of such Act (22 U.S.C. 4413(g)) is
amended by striking ``United States Information Agency'' and inserting
``Department of State''.
(c) Freedom of Information.--Section 506 of such Act (22 U.S.C.
4415) is amended--
(1) in subsection (b)--
(A) by striking ``Director'' each of the three places it
appears and inserting ``Secretary''; and
(B) by striking ``of the United States Information Agency''
and inserting ``of State''; and
(2) in subsection (c)--
(A) in the subsection heading by striking ``USIA'' and
inserting ``Department of State'';
(B) by striking ``Director'' each of the three places it
appears and inserting ``Secretary'';
(C) by striking ``of the United States Information Agency''
and inserting ``of State''; and
(D) by striking ``United States Information Agency'' and
inserting ``Department of State''.
SEC. 329. UNITED STATES SCHOLARSHIP PROGRAM FOR DEVELOPING COUNTRIES.
(a) Program Authority.--Section 603 of the Foreign Relations
Authorization Act, Fiscal Years 1986 and 1987 (22 U.S.C. 4703) is
amended by striking ``United States Information Agency'' and inserting
``Department of State''.
(b) Guidelines.--Section 604(11) of such Act (22 U.S.C. 4704(11))
is amended by striking ``United States Information Agency'' and
inserting ``Department of State''.
(c) Policy Regarding Other International Educational Programs.--
Section 606(b) of such Act (22 U.S.C. 4706(b)) is amended--
(1) in the subsection heading, by striking ``USIA'' and
inserting ``State Department''; and
(2) by striking ``Director of the United States Information
Agency'' and inserting ``Secretary of State''.
(d) General Authorities.--Section 609(e) of such Act (22 U.S.C.
4709(e)) is amended by striking ``United States Information Agency''
and inserting ``Department of State''.
SEC. 330. FASCELL FELLOWSHIP BOARD.
Section 1003(b) of the Fascell Fellowship Act (22 U.S.C. 4902(b))
is amended--
(1) in the text above paragraph (1), by striking ``9 members''
and inserting ``8 members'';
(2) by striking paragraph (3); and
(3) by redesignating paragraph (4) as paragraph (3).
SEC. 331. NATIONAL SECURITY EDUCATION BOARD.
Section 803 of the Intelligence Authorization Act, Fiscal Year 1992
(50 U.S.C. 1903(b)) is amended--
(1) in subsection (b)--
(A) by striking paragraph (6); and
(B) by redesignating paragraph (7) as paragraph (6); and
(2) in subsection (c), by striking ``subsection (b)(7)'' and
inserting ``subsection (b)(6)''.
SEC. 332. CENTER FOR CULTURAL AND TECHNICAL INTERCHANGE BETWEEN NORTH
AND SOUTH.
Section 208 of the Foreign Relations Authorization Act, Fiscal
Years 1992 and 1993 (22 U.S.C. 2075) is amended by striking ``Director
of the United States Information Agency'' each place it appears and
inserting ``Secretary of State''.
SEC. 333. CENTER FOR CULTURAL AND TECHNICAL INTERCHANGE BETWEEN EAST
AND WEST.
(a) Duties.--Section 703 of the Mutual Security Act of 1960 (22
U.S.C. 2055) is amended--
(1) in the text above paragraph (1), by striking ``Director of
the United States Information Agency'' (hereinafter referred to as
the `Director')'' and inserting ``Secretary of State (hereinafter
referred to as the `Secretary')''; and
(2) in paragraph (1), by striking ``establishment and''.
(b) Administration.--Section 704 of such Act (22 U.S.C. 2056) is
amended--
(1) by striking ``Director of the United States Information
Agency'' and inserting ``Secretary of State''; and
(2) by striking ``Director'' each place it appears and
inserting ``Secretary''.
SEC. 334. MISSION OF DEPARTMENT OF STATE.
Section 202 of the Foreign Relations Authorization Act, Fiscal Year
1979 (22 U.S.C. 1461-1) is amended--
(1) in the first sentence, by striking ``mission of the United
States Information Agency'' and inserting ``mission of the
Department of State in carrying out its information, educational,
and cultural functions'';
(2) in the second sentence, in the text above paragraph (1), by
striking ``United States Information Agency'' and inserting
``Department of State'';
(3) in paragraph (1)(B), by striking ``Agency'' and inserting
``Department''; and
(4) in paragraph (5), by striking ``mission of the Agency'' and
inserting ``mission described in this section''.
SEC. 335. CONSOLIDATION OF ADMINISTRATIVE SERVICES.
Section 23(a) of the State Department Basic Authorities Act of 1956
(22 U.S.C. 2695(a)) is amended--
(1) by striking ``(including'' and all that follows through
``Agency)''; and
(2) by striking ``other such agencies'' and inserting ``other
Federal agencies''.
SEC. 336. GRANTS.
Section 212 of the Foreign Relations Authorization Act, Fiscal
Years 1992 and 1993 (22 U.S.C. 1475h) is amended--
(1) in subsection (a), by striking ``United States Information
Agency'' and inserting ``Department of State, in carrying out its
international information, educational, and cultural functions,'';
(2) in subsection (b), by striking ``United States Information
Agency'' and inserting ``Department of State'';
(3) in subsection (c)--
(A) in paragraph (1), by striking ``United States
Information Agency shall substantially comply with United
States Information Agency'' and inserting ``Department of
State, in carrying out its international information,
educational, and cultural functions, shall substantially comply
with Department of State''; and
(B) in paragraph (2), by striking ``United States
Information Agency'' and inserting ``Department of State''; and
(C) in paragraphs (2) and (3), by striking ``Agency'' each
of the two places it appears and inserting ``Department''; and
(4) by striking subsection (d).
SEC. 337. BAN ON DOMESTIC ACTIVITIES.
Section 208 of the Foreign Relations Authorization Act, Fiscal
Years 1986 and 1987 (22 U.S.C. 1461-1a) is amended--
(1) by striking out ``United States Information A
2000
gency'' each
of the two places it appears and inserting ``Department of State'';
and
(2) by inserting ``in carrying out international information,
educational, and cultural activities comparable to those previously
administered by the United States Information Agency'' before
``shall be distributed''.
SEC. 338. CONFORMING REPEAL TO ARMS CONTROL AND DISARMAMENT ACT.
Section 34(b) of the Arms Control and Disarmament Act (22 U.S.C.
2574(b)) is repealed.
SEC. 339. REPEAL RELATING TO PROCUREMENT OF LEGAL SERVICES.
Section 26(b) of the State Department Basic Authorities Act of 1956
(22 U.S.C. 2698(b)) is repealed.
SEC. 340. REPEAL RELATING TO PAYMENT OF SUBSISTENCE EXPENSES.
Section 32 of the State Department Basic Authorities Act of 1956
(22 U.S.C. 2704) is amended by striking the second sentence.
SEC. 341. CONFORMING AMENDMENT TO SEED ACT.
Section 2(c) of the Support for East European Democracy (SEED) Act
of 1989 (22 U.S.C. 5401(c)) is amended in paragraph (17) by striking
``United States Information Agency'' and inserting ``Department of
State''.
SEC. 342. INTERNATIONAL CULTURAL AND TRADE CENTER COMMISSION.
Section 7(c)(1) of the Federal Triangle Development Act (40 U.S.C.
1106(c)(1)) is amended--
(1) in the text above subparagraph (A), by striking ``15
members'' and inserting ``14 members'';
(2) by striking subparagraph (F); and
(3) by redesignating subparagraphs (G) through (J) as
subparagraphs (F) through (I), respectively.
SEC. 343. OTHER LAWS REFERENCED IN REORGANIZATION PLAN NO. 2 OF 1977.
(a) Immigration and Nationality Act.--(1) Section 101(a)(15)(J) of
the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(J)) is
amended by striking ``Director of the United States Information
Agency'' and inserting ``Secretary of State''.
(2) Section 212(e) of such Act (8 U.S.C. 1182(e)) is amended--
(A) by striking ``Director of the United States Information
Agency'' and inserting ``Secretary of State''; and
(B) by striking ``Director'' each place it appears and
inserting ``Secretary''.
(b) Arts and Artifacts Indemnity Act.--Section 3(a) of the Arts and
Artifacts Indemnity Act (20 U.S.C. 972(a)) is amended by striking out
``Director of the United States Information Agency'' and inserting in
lieu thereof ``Secretary of State''.
(c) National Foundation on the Arts and the Humanities Act of
1965.--Section 9(b) of the National Foundation on the Arts and the
Humanities Act of 1965 (20 U.S.C. 958(b)) is amended by striking out
``a member designated by the Director of the United States Information
Agency,'' and inserting in lieu thereof ``a member designated by the
Secretary of State,''.
(d) Woodrow Wilson Memorial Act of 1968.--Section 3(b) of the
Woodrow Wilson Memorial Act of 1968 (20 U.S.C. 80f(b)) is amended--
(1) in the matter preceding paragraph (1), by striking out ``19
members'' and inserting in lieu thereof ``18 members'';
(2) by striking out paragraph (7); and
(3) by redesignating paragraphs (8), (9), and (10) as
paragraphs (7), (8), and (9), respectively.
(e) Public Law 95-86.--Title V of the Departments of State,
Justice, and Commerce, the Judiciary, and Related Agencies
Appropriations Act, 1978 (Public Law 95-86) is amended in the third
proviso of the paragraph ``salaries and expenses'' under the heading
``United States Information Agency'' (22 U.S.C. 1461b) by striking out
``the United States Information Agency is authorized,'' and inserting
in lieu thereof ``the Secretary of State may,''.
(f) Act of July 9, 1949.--The Act of July 9, 1949 (63 Stat. 408;
chapter 301; 22 U.S.C. 2681 et seq.) is repealed.
SEC. 344. EXCHANGE PROGRAM WITH COUNTRIES IN TRANSITION FROM
TOTALITARIANISM TO DEMOCRACY.
Section 602 of the National and Community Service Act of 1990 (22
U.S.C. 2452a) is amended--
(1) in the second sentence of subsection (a), by striking
``United States Information Agency'' and inserting ``Department of
State''; and
(2) in subsection (b)--
(A) by striking ``appropriations account of the United
States Information Agency'' and inserting ``appropriate
appropriations account of the Department of State''; and
(B) by striking ``and the United States Information
Agency''.
SEC. 345. EDMUND S. MUSKIE FELLOWSHIP PROGRAM.
Section 227 of the Foreign Relations Authorization Act, Fiscal
Years 1992 and 1993 (22 U.S.C. 2452 note) is amended--
(1) in subsection (b), by striking ``United States Information
Agency'' and inserting ``Department of State''; and
(2) by striking subsection (d).
SEC. 346. IMPLEMENTATION OF CONVENTION ON CULTURAL PROPERTY.
Title III of the Convention on Cultural Property Implementation Act
(19 U.S.C. 2601 et seq.) is amended by striking ``Director of the
United States Information Agency'' each place it appears and inserting
``Secretary of State''.
SEC. 347. MIKE MANSFIELD FELLOWSHIPS.
Part C of title II of the Foreign Relations Authorization Act,
Fiscal Years 1994 and 1995 (22 U.S.C. 6101 et seq.) is amended--
(1) by striking ``Director of the United States Information
Agency'' each place it appears and inserting ``Secretary of
State''; and
(2) by striking ``United States Information Agency'' each place
it appears and inserting ``Department of State''.
SEC. 348. UNITED STATES ADVISORY COMMITTEE FOR PUBLIC DIPLOMACY.
Section 604 of the United States Information and Educational
Exchange Act of 1948 (22 U.S.C. 1469) is amended--
(1) in subsection (c)(1)--
(A) by striking ``the Director of the United States
Information Agency,''; and
(B) by striking ``Director or the Agency, and shall
appraise the effectiveness of policies and programs of the
Agency'' and inserting ``Secretary of State or the Department
of State, and shall appraise the effectiveness of the
information, educational, and cultural policies and programs of
the Department'';
(2) in subsection (c)(2), in the first sentence--
(A) by striking ``the Secretary of State, and the Director
of the United States Information Agency'' and inserting ``, and
the Secretary of State'';
(B) by striking ``Agency'' the first place it appears and
inserting ``Department of State''; and
(C) by striking ``Director for effectuating the purposes of
the Agency'' and inserting ``Secretary for effectuating the
information, educational, and cultural functions of the
Department'';
(3) in subsection (c)(3), by striking ``programs conducted by
the Agency'' and inserting ``information, educational, and cultural
programs conducted by the Department of State''; and
(4) in subsection (c)(4), by striking ``Director of the United
States Information Agency'' and inserting ``Secretary of State''.
TITLE IV--AGENCY FOR INTERNATIONAL DEVELOPMENT
CHAPTER 1--GENERAL PROVISIONS
SEC. 401. EFFECTIVE DATE.
(a) In General.--Except as provided in subsection (b), this title,
and the amendments made by this title, shall take effect on the earlier
of--
(1) March 1, 1997; or
(2) the date of abolition of the Agency for International
Development and the United States International Development
Cooperation Agency pursuant to the reorganization plan described in
section 601.
(b) Exception.--This title shall not take effect if the President
waives the applicability of this title pursuant to section 602.
CHAPTER 2--ABOLITION OF AGENCY FOR INTERNATIONAL DEVELOPMENT AND
TRANSFER OF FUNCTIONS
SEC. 411. ABOLITION OF AGENCY FOR INTERNATIONAL DEVELOPMENT AND UNITED
STATES INTERNATIONAL DEVELOPMENT COOPERATION AGENCY.
(a) In General.--The Agency for International Development and the
United States Internationa
2000
l Development Cooperation Agency are
abolished.
(b) OPIC.--Subsection (a) shall not be interpreted to apply to the
Overseas Private Investment Corporation.
SEC. 412. TRANSFER OF FUNCTIONS.
There are transferred to the Secretary of State all functions of
the Administrator of the Agency for International Development and the
Director of the United States International Development Cooperation
Agency and all functions of the Agency for International Development
and the United States International Development Cooperation Agency
(other than the functions with respect to the Overseas Private
Investment Corporation) and any office or component of such agencies
under any statute, reorganization plan, Executive order, or other
provision of law before the effective date of this title, except as
otherwise provided in this division.
SEC. 413. UNDER SECRETARY OF STATE FOR DEVELOPMENT AND FOR ECONOMIC AND
COMMERCIAL AFFAIRS.
Section 1(b) of the State Department Basic Authorities Act of 1956
(22 U.S.C. 2651a(b)) is amended by adding after paragraph (2), as added
by section 313 of this Act, the following new paragraph:
``(3) Under secretary for development and for economic and
commercial affairs.--There shall be in the Department of State,
among the Under Secretaries authorized by paragraph (1), an Under
Secretary for Development and for Economic and Commercial Affairs
who shall assist the Secretary and the Deputy Secretary in the
formation and implementation of United States policies and
activities concerning international development and economic and
commercial affairs.''.
SEC. 414. ABOLITION OF OFFICE OF INSPECTOR GENERAL OF AGENCY FOR
INTERNATIONAL DEVELOPMENT AND TRANSFER OF FUNCTIONS.
(a) Abolition of Office.--The Office of Inspector General of the
Agency for International Development is abolished.
(b) Amendments to the Inspector General Act of 1978.--The Inspector
General Act of 1978 (5 U.S.C. App.) is amended as follows:
(1) Section 8A is repealed.
(2) Section 11(1) is amended by striking ``the Administrator of
the Agency for International Development,''.
(3) Section 11(2) is amended by striking ``the Agency for
International Development,''.
(c) Executive Schedule.--Section 5315 of title 5, United States
Code, is amended by striking the following: ``Inspector General, Agency
for International Development.''.
(d) Conforming Amendments.--(1) Section 239(e) of the Foreign
Assistance Act of 1961 (22 U.S.C. 2199(e)) is amended by striking
``Inspector General of the Agency for International Development'' and
inserting ``Inspector General of the Department of State''.
(2) Sections 805, 806, and 812 of the Foreign Service Act of 1980
(22 U.S.C. 4045, 4046, 4052) are amended by striking ``Office of the
Inspector General, Agency for International Development'' each place it
appears and inserting ``Office of the Inspector General, Department of
State''.
(3) Section 205(b)(3) of the Agricultural Trade Development and
Assistance Act of 1954 (7 U.S.C. 1725(b)(3)) is amended by striking
``Inspector General of the Agency for International Development'' and
inserting ``Inspector General of the Department of State''.
(e) Transfer of Functions.--
(1) Transfer to inspector general of department of state.--
Except as provided in paragraph (2), there are transferred to the
Office of Inspector General of the Department of State the
functions that the Office of Inspector General of the Agency for
International Development exercised before the effective date of
this title (including all related functions of the Inspector
General of the Agency for International Development).
(2) Transfer to secretary of state.--There are transferred to
the Secretary of State all security functions exercised by the
Office of Inspector General of the Agency for International
Development exercised before the effective date of this title
(including all related functions of the Inspector General of the
Agency for International Development).
(f) Transfer and Allocations of Appropriations and Personnel.--The
Secretary and the Inspector General of the Department of State, are
authorized to make such incidental dispositions of personnel, assets,
liabilities, grants, contracts, property, records, and unexpended
balances of appropriations, authorizations, allocations, and other
funds held, used, arising from, available to, or to be made available
in connection with such functions, as may be necessary to carry out the
provisions of this section.
SEC. 415. ABOLITION OF OFFICE OF CHIEF FINANCIAL OFFICER OF AGENCY FOR
INTERNATIONAL DEVELOPMENT AND TRANSFER OF FUNCTIONS.
(a) Abolition of Office.--The Office of Chief Financial Officer of
the Agency for International Development is abolished.
(b) Amendment to Title 31, United States Code.--Section 901(b)(2)
of title 31, United States Code, is amended by striking subparagraph
(A).
(c) Transfer of Functions.--There are transferred to the Office of
Chief Financial Officer of the Department of State the functions that
the Office of Chief Financial Officer of the Agency for International
Development exercised before the effective date of this title
(including all related functions of the Chief Financial Officer of the
Agency for International Development).
(d) Transfer and Allocations of Appropriations and Personnel.--The
Director of the Office of Management and Budget, in consultation with
the Secretary of State, is authorized to make such incidental
dispositions of personnel, assets, liabilities, grants, contracts,
property, records, and unexpended balances of appropriations,
authorizations, allocations, and other funds held, used, arising from,
available to, or to be made available in connection with such
functions, as may be necessary to carry out the provisions of this
section.
CHAPTER 3--CONFORMING AMENDMENTS
SEC. 421. REFERENCES.
Any reference in any statute, reorganization plan, Executive order,
regulation, agreement, determination, or other official document or
proceeding to--
(1) the administrator of the agency primarily responsible for
administering part I of the Foreign Assistance Act of 1961, the
Administrator of the Agency for International Development, or any
other officer or employee of the Agency for International
Development, shall be deemed to refer to the Secretary of State;
(2) the Director or any other officer or employee of the
United States International Development Cooperation Agency (IDCA)
shall be deemed to refer to the Secretary of State; or
(3) the Agency for International Development, AID, the agency
primarily responsible for administering part I of the Foreign
Assistance Act of 1961, or the United States International
Development Cooperation Agency (IDCA) shall be deemed to refer to
the Department of State.
SEC. 422. EXERCISE OF FUNCTIONS BY SECRETARY OF STATE.
Section 621(a) of the Foreign Assistance Act of 1961 (22 U.S.C.
2381(a)) is amended--
(1) in the first sentence, by inserting before the period the
following: ``, except that functions conferred upon the President
in part I of this Act may be exercised by the Secretary of State'';
and
(2) in the second and third sentences, by striking ``head of
any such agency'' each place it appears and inserting ``Secretary
of State and any other head of any such agency''.
SEC. 423. REPEAL OF POSITIONS; EMPLOYMENT AND CONTRACTING AUTHORITIES.
The following sections of the Foreign Assistance Act of 1961 are
repealed:
(1) Section 624 (a), (b), (c), and (e) (22 U.S.C. 2384 (a),
(b), (c), and (e); relating to statutory officers).
(2) Section 626 (a) and (b) (22 U.S.C. 2386 (a) and (b);
relating to experts and consultants).
SEC. 424. DEVELOPMENT LOAN COMMITTEE.
Section 122(e) of the Foreign Assistance Ac
2000
t of 1961 (22 U.S.C.
2151t(e)) is amended by inserting after the first sentence the
following new sentence: ``The Secretary of State shall serve as
Chairman of the Committee.''.
SEC. 425. DEVELOPMENT COORDINATION COMMITTEE.
(a) Annual Report.--Section 634(a) of the Foreign Assistance Act of
1961 (22 U.S.C. 2394(a)) is amended in the text above paragraph (1)(A)
by striking ``Chairman of the Development Coordination Committee'' and
inserting ``Secretary of State''.
(b) Coordination.--Section 640B(a) of such Act (22 U.S.C. 2399(a))
is amended by striking ``head of the agency primarily responsible for
administering part I, Chairman, and representatives of the Departments
of State,'' and inserting ``Secretary of State,''.
SEC. 426. PUBLIC LAW 83-480 PROGRAM.
The Agricultural Trade Development and Assistance Act of 1954
(Public Law 83-480; 7 U.S.C. 1691 et seq.) is amended--
(1) by striking ``Administrator'' each place it appears and
inserting ``Secretary of State''; and
(2) in section 402 (7 U.S.C. 1732)--
(A) by striking paragraph (1); and
(B) by redesignating paragraphs (2) through (8) as
paragraphs (1) through (7), respectively.
SEC. 427. CONFORMING AMENDMENTS TO TITLE 5, UNITED STATES CODE.
(a) Administrator.--Section 5313 of title 5, United States Code, is
amended by striking ``Administrator, Agency for International
Development.''.
(b) Deputy Administrator.--Section 5314 of title 5, United States
Code, is amended by striking ``Deputy Administrator, Agency for
International Development.''.
(c) Assistant Administrators.--Section 5315 of title 5, United
States Code, is amended by striking ``Assistant Administrators, Agency
for International Development (6).''.
(d) Regional Assistant Administrators.--Section 5315 of title 5,
United States Code, is amended by striking ``Regional Assistant
Administrators, Agency for International Development (4).''.
(e) General Counsel.--Section 5316 of title 5, United States Code,
is amended by striking ``General Counsel of the Agency for
International Development.''.
SEC. 428. TRADE PROMOTION COORDINATING COMMITTEE.
Section 2312 of the Export Enhancement Act of 1988 (15 U.S.C. 4727)
is amended--
(1) in subsection (d)(1)--
(A) by striking subparagraph (I); and
(B) by redesignating subparagraphs (J) through (M) as
subparagraphs (I) through (L), respectively; and
(2) in subsection (f)--
(A) by inserting ``the Committee on Foreign Relations and''
after ``submit to''; and
(B) by striking ``Foreign Affairs'' and inserting
``International Relations''.
SEC. 429. ADDITIONAL CONFORMING AMENDMENTS.
(a) FAA Authorities.--The Foreign Assistance Act of 1961 is
amended--
(1) in section 118 (22 U.S.C. 2151p-1)--
(A) by striking ``Agency for International Development''
each place it appears and inserting ``Department of State'';
and
(B) by striking ``Agency'' each place it appears and
inserting ``Department'';
(2) in section 119 (22 U.S.C. 2151q)--
(A) by striking ``Agency for International Development''
each place it appears and inserting ``Department of State'';
(B) by striking ``Agency'' each place it appears and
inserting ``Department''; and
(C) in subsection (g)--
(i) by striking ``Actions by AID'' and inserting
``Actions by the Department of State''; and
(ii) by striking ``Agency's'' and inserting
``Department's'';
(3) in section 123(b) (22 U.S.C. 2151u), by striking ``Agency
for International Development'' and inserting ``Department of
State'';
(4) in section 225 (22 U.S.C. 2185)--
(A) by striking ``Administrator'' each place it appears
(other than in subsection (m)(2)) and inserting ``Secretary'';
and
(B) in subsection (m)--
(i) by striking ``Agency for International
Development'' and inserting ``Department of State''; and
(ii) by striking ```Administrator' means the
Administrator of the Agency for International Development''
and inserting ```Secretary' means the Secretary of State'';
(5) in section 233(b), by striking ``Administrator of the
Agency for International Development'' and inserting ``Secretary of
State'';
(6) in section 239 (22 U.S.C. 2199) in subsection (h), by
striking ``Agency for International Development'' and inserting
``Department of State'';
(7) in section 296 (22 U.S.C. 2220a), by striking subsection
(e);
(8) in sections 462 through 466 (22 U.S.C. 2282-2286), by
striking ``Administrator of the Agency for International
Development'' each place it appears and inserting ``Secretary of
State'';
(9) in section 495K(b)(3), by striking ```Operating Expenses of
the Agency for International Development' account'' and inserting
``appropriate administrative account of the Department of State'';
(10) in section 496, by striking ``Agency for International
Development'' each place it appears and inserting ``Department of
State'';
(11) in section 498C(b)(1), by striking ```Operating Expenses
of the Agency for International Development''' and inserting ``the
appropriate administrative account of the Department of State'';
(12) in section 601--
(A) except as provided in subparagraph (B), by striking
``Administrator'' each place it appears and inserting
``Secretary of State'';
(B) in subsection (c)(1), by striking ``Administrator of
the Agency for International Development'' and inserting
``Secretary of State''; and
(C) by striking ``Agency for International Development''
and inserting ``Secretary of State'';
(13) in section 607(a), by striking ``Agency for International
Development'' and inserting ``Department of State'';
(14) in section 634(a)(2)(F), by striking ``Agency for
International Development'' and inserting ``Department of State'';
and
(15) in section 635(c), by striking ``Agency for International
Development'' and inserting ``Department of State''.
(b) Additional FAA References.--(1) Except as provided in
paragraphs (2) and (3), the Foreign Assistance Act of 1961 is amended
by striking ``agency primarily responsible for administering this
part'', ``agency primarily responsible for administering part I'',
``agency primarily responsible for administering part I of this Act''
each place such phrase appears and inserting ``Department of State''.
(2) The Foreign Assistance Act of 1961 is amended by striking
``administrator of the agency primarily responsible for administering
part I of this Act'', ``Administrator of the agency primarily
responsible for administering this part'', and the ``Administrator of
the agency primarily responsible for administering part I of this Act''
each place it appears and inserting ``Secretary of State''.
(3) The Foreign Assistance Act of 1961 is amended--
(A) in section 101(b), by striking ``Under the policy guidance
of the Secretary of State, the agency primarily responsible for
administering this part'' and inserting ``The Department of
State'';
(B) in section 116(b), by striking ``Administrator primarily
responsible for administering part I of this Act'' and inserting
``Secretary of State'';
(C) in section 224(a), by striking ``Agency'' each place it
appears and inserting ``Department'';
(D) in section 464(d), as added by section 701 of Public Law
99-83, is amended by striking ``, under the supervision and
direction of the Secretary of State,'';
(E) in section 604(f), by striking ``agency primarily
responsible for administering such part I'' and inserting
``Department of State'';
2000
(F) in section 611(e), by striking ``head of the agency
primarily responsible for administering part I of the Act'' and
inserting ``Secretary of State''; and
(G) in paragraphs (5) and (6) of section 636(a), by striking
``head of the agency primarily responsible for administering part
I'' each place it appears and inserting ``Secretary of State''.
(c) SEED Act.--(1) Section 201(e) of the Support for East European
Democracy (SEED) Act of 1989 (22 U.S.C. 5421(e)) is amended by striking
``Agency for International Development'' and inserting ``Department of
State''.
(2) Section 203 of such Act (22 U.S.C. 5423) is amended by striking
``Agency for International Development'' each place it appears and
inserting ``Department of State''.
(3)(A) Section 402(a) of such Act (22 U.S.C. 5442(a)) is amended by
striking ``Administrator of the Agency for International Development''
and inserting ``Secretary of State''.
(B) Except as provided in subparagraph (A), section 402 is further
amended by striking ``Administrator'' each place it appears and
inserting ``Secretary''.
(4) Section 803 of such Act (22 U.S.C. 5493) is amended--
(A) by striking ``Agency for International Development'' each
place it appears and inserting ``Department of State''; and
(B) by striking ``to the Agency'' and inserting ``to the
Department''.
(d) Cooperation Threat Reduction With States of Former Soviet
Union.--Section 1204(h) of the Cooperation Threat Reduction Act of 1993
(22 U.S.C. 5953(h)) is amended by striking ``and the Administrator of
the Agency for International Development''.
(e) Peace Corps National Advisory Council.--Section 12(c)(3) of
Peace Corps Act (22 U.S.C. 2511(c)(3)) is amended in subsection (c)(3)
by striking ``and the Administrator of the Agency for International
Development, or their designees,'' and inserting ``or his designee''.
(f) Democracy Corps.--Section 401 of the FREEDOM Support Act (22
U.S.C. 5841) is amended--
(1) by striking ``Administrator'' each place it appears and
inserting ``Secretary'';
(2) in subsection (h)(3)--
(A) by striking ``aid review'' and inserting ``state
department review''; and
(B) by striking ``Agency for International Development''
and inserting ``Department of State''; and
(3) by striking subsection (l)(1).
(g) Environmental Performance of Multilateral Development Banks.--
(1) Section 1302 of the International Financial Institutions Act (22
U.S.C. 262m-1) is amended by striking ``, in cooperation with the
Administrator of the Agency for International Development,''.
(2) Section 1303 of such Act (22 U.S.C. 262m-2) is amended--
(A) in subsection (a)(1), by striking ``missions of the Agency
for International Development'' and inserting ``economic assistance
missions of the Department of State''; and
(B) by striking ``Administrator of the Agency for International
Development, in consultation with the Secretary of the Treasury and
the Secretary of State,'' each place it appears and inserting
``Secretary of State, in consultation with the Secretary of the
Treasury,''.
(h) Cooperative Information Exchange System.--Section 1304 of the
International Financial Institutions Act (22 U.S.C. 262m-3) is amended
by striking ``and the Administrator of the Agency for International
Development''.
(i) Environmental Impact of Proposed Multilateral Development Bank
Actions.--Section 1307(e) of the International Financial Institutions
Act (22 U.S.C. 262m-7(e)) is amended by striking ``the Administrator of
the Agency for International Development,''.
(j) Annual Report by Chairman of National Advisory Council on
International Monetary and Financial Policies.--Section 1701(b)(10) of
the International Financial Institutions Act (22 U.S.C. 262r(b)(10)) is
amended by striking ``and the Administrator of the Agency for
International Development''.
(k) Combined Report.--Section 1703 of the International Financial
Institutions Act (22 U.S.C. 262r-2) is amended by striking
``Administrator of the Agency for International Development, in
consultation with the Secretary of the Treasury and the Secretary of
State'' and inserting ``Secretary of State, in consultation with the
Secretary of the Treasury,''.
(l) Property Management Fund.--Section 585 of Public Law 101-513
(22 U.S.C. 2369a) is amended--
(1) by striking ``Agency for International Development'' each
place it appears and inserting ``Department of State''; and
(2) by striking ``Administrator of the Agency for International
Development'' and inserting ``Secretary of State''.
(m) Capital Projects.--(1) Section 302 of the Aid, Trade, and
Competitiveness Act of 1992 (22 U.S.C. 2421a) is amended--
(A) by striking ``Administrator of AID'' each place it appears
and inserting ``Secretary of State''; and
(B) in all references not covered by subparagraph (A), by
striking ``AID'' and inserting ``Department of State''.
(2) Section 303 of such Act (22 U.S.C. 2421b) is amended--
(A) by striking ``Administrator of AID'' each place it appears
and inserting ``Secretary of State''; and
(B) by striking ``AID'' each place it appears (except as
provided in subparagraph (A)) and inserting ``Department of
State''.
(3) Section 308(1) of such Act is repealed.
(n) Foreign Contracts.--Section 121 of the Foreign Relations
Authorization Act, Fiscal Year 1977 (22 U.S.C. 2661a) is amended by
striking ``(including the Agency for International Development)''.
(o) Administrative Services.--Section 23 of the State Department
Basic Authorities Act of 1956 (22 U.S.C. 2695) is amended by striking
``the Agency for International Development,''.
(p) Energy Development Programs.--Section 502(c) of the Nuclear
Non-Proliferation Act of 1978 (22 U.S.C. 3262(c)) is amended by
striking ``Agency for International Development and''.
(q) Agricultural Commodities.--Section 416(b)(8)(C)(i) of the
Agricultural Act of 1949 (7 U.S.C. 1431(b)(8)(C)(i)) is amended by
striking ``Agency for International Development office'' and inserting
``Department of State''.
(r) Local Currency Proceeds.--Section 305(c) of the Agricultural
Trade Development and Assistance Act of 1954 (7 U.S.C. 1727d(c)) is
amended--
(1) by striking ``Administrator'' and inserting ``Secretary'';
and
(2) by striking ``Agency for International Development'' and
inserting ``Department of State''.
(s) Special Assistant for Agricultural Trade and Food Assistance.--
Section 1113(c)(3) of the Food Security Act of 1985 (7 U.S.C. 1736-
1(c)(3)) is amended by striking ``Agency for International
Development'' and inserting ``Department of State''.
(t) Avoidance of Conflict of Interest.--Section 407(d)(3) of the
Agricultural Trade Development and Assistance Act of 1954 (7 U.S.C.
1736a(d)(3)) is amended by striking ``Agency for International
Development'' and inserting ``Department of State''.
(u) International Agricultural Research and Extension.--Section
1458 of the National Agricultural Extension and Policy Act (7 U.S.C.
3291) is amended by striking ``Agency for International Development''
each place it appears and inserting ``Department of State''.
(v) Tied Aid Credit Program.--(1) Section 645(d) of the Trade and
Development Enhancement Act of 1983 (12 U.S.C. 635r(d)) is amended by
striking ``in cooperation with the Administrator of the Agency for
International Development''.
(2) Section 647(2) of such Act (12 U.S.C. 635t(2)) is amended by
striking ``Agency for International Development'' and inserting
``Department of State''.
(w) Research and Development.--Section 9(e)(1) of the Small
Business Act (15 U.S.C. 638(e)(1)) is amended by striking ``Agency for
International Development'' and inserting ``Department of State
(insofar as it carries out functions previously administered by the
Agency for International Development)''.
(x) Central Europe
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an Small Business Development Commission.--
Section 25(b)(1) of the Small Business Act (15 U.S.C. 652(b)(1)) is
amended by striking ``Agency for International Development'' and
inserting ``Department of State (insofar as it carries out functions
previously administered by the Agency for International Development)''.
(y) Interagency Aquaculture Coordinating Group.--Section 6(a)(9) of
the National Aquaculture Act of 1980 (42 U.S.C. 6601 note) is amended
by striking ``Administrator of the Agency for International
Development'' and inserting ``Secretary of State''.
(z) Forestry and Related Natural Resource Assistance.--Section
602(c) of the International Forestry Cooperation Act of 1990 (16 U.S.C.
4501(c)) is amended--
(1) by striking ``Administrator of the Agency for International
Development'' and inserting ``Secretary of State''; and
(2) by striking ``Agency for International Development'' and
inserting ``Department of State''.
(aa) Caribbean and Central American Scholarship Program.--Section
231 of the Customs and Trade Act of 1990 (20 U.S.C. 226) is amended--
(1) in subsection (b), by striking ``Administrator of the
Agency for International Development'' and inserting ``Secretary of
State''; and
(2) in subsections (c) and (d), by striking ``Administrator''
each place it appears and inserting ``Secretary of State''.
(bb) Use of Renewable Resources for Energy Production.--Section
602(a)(7) of Public Law 96-259 (22 U.S.C. 262j(a)(7)) is amended by
striking ``Agency for International Development'' and inserting
``Department of State''.
(cc) Public Health Activities.--(1) Section 2102 of the Act of July
1, 1944, chapter 373, as amended, is amended by striking ``Agency for
International Development'' each place it appears and inserting
``Department of State''.
(2) Section 2315(b) of such Act is amended by striking
``Administrator of the Agency for International Development'' and
inserting ``Secretary of State''.
(dd) Energy Authorities.--Section 256 of Public Law 94-163, as
amended (42 U.S.C. 6276), is amended in subsection (d)(1)(C) by
striking ``Administrator of the Agency for International Development''
and inserting ``Secretary of State''.
(ee) Transportation Expenses.--Section 706 of the Foreign Relations
Authorization Act, Fiscal Year 1979 (49 U.S.C. 1518) is amended by
striking ``Agency for International Development''.
TITLE V--OFFICES OF INSPECTORS GENERAL
SEC. 501. REPEAL RELATING TO INSPECTOR GENERAL FOR UNITED STATES ARMS
CONTROL AND DISARMAMENT AGENCY.
Section 50 of the Arms Control and Disarmament Act (22 U.S.C.
2593a), relating to the ACDA Inspector General, is repealed.
SEC. 502. ABOLITION OF OFFICE OF INSPECTOR GENERAL OF UNITED STATES
INFORMATION AGENCY AND TRANSFER OF FUNCTIONS.
(a) Abolition of Office.--The Office of Inspector General of the
United States Information Agency is abolished.
(b) Amendments to Inspector General Act of 1978.--Section 11 of the
Inspector General Act of 1978 (5 U.S.C. App.) is amended--
(1) in paragraph (1), by striking ``, the Office of Personnel
Management or the United States Information Agency'' and inserting
``or the Office of Personnel Management''; and
(2) in paragraph (2), by striking ``the United States
Information Agency,''.
(c) Executive Schedule.--Section 5315 of title 5, United States
Code, is amended by striking the following:
``Inspector General, United States Information Agency.''.
(d) Amendments to Public Law 103-236.--Subsections (i) and (j) of
section 308 of Public Law 103-236 are amended by striking ``Inspector
General of the United States Information Agency'' each place it appears
and inserting ``Inspector General for the Department of State''.
(e) Transfer of Functions.--There are transferred to the Office of
the Inspector General of the Department of State the functions that the
Office of Inspector General of the United States Information Agency
exercised before the effective date of this title (including all
related functions of the Inspector General of the United States
Information Agency).
(f) Transfer and Allocations of Appropriations and Personnel.--The
Director of the Office of Management and Budget, in consultation with
the Secretary of State, is authorized to make such incidental
dispositions of personnel, assets, liabilities, grants, contracts,
property, records, and unexpended balances of appropriations,
authorizations, allocations, and other funds held, used, arising from,
available to, or to be made available in connection with such
functions, as may be necessary to carry out the provisions of this
section.
(g) Effective Date.--This section, and the amendments made by this
section, shall take effect on the earlier of--
(1) March 1, 1997; or
(2) the date of the abolition of the United States Information
Agency pursuant to the reorganization plan described in section
601.
TITLE VI--TRANSITION
CHAPTER 1--REORGANIZATION PLAN AND WAIVER
SEC. 601. REORGANIZATION PLAN.
(a) Submission of Plan.--Not later than October 1, 1996, the
President shall, in consultation with the Secretary and the heads of
the agencies covered under subsection (b), transmit to the appropriate
congressional committees a reorganization plan providing for--
(1) the abolition of each such agency in accordance with this
division not later than March 1, 1997;
(2) the termination of functions of each such agency that would
be redundant if transferred to the Department, and the separation
from service of employees of each such agency not otherwise
provided for in the plan;
(3) the transfer to the Department of the functions and
personnel of each such agency consistent with the provisions of
this division; and
(4) the consolidation, reorganization, and streamlining of the
Department upon the transfer of such functions and personnel in
order to carry out such functions.
(b) Covered Agencies.--
(1) In general.--Except as provided in paragraph (2), the
agencies covered under this subsection are the following:
(A) The United States Arms Control and Disarmament Agency.
(B) The United States Information Agency.
(C) The Agency for International Development (including the
United States International Development Cooperation Agency).
(2) Exception.--The President may exclude up to two of the
agencies set forth in paragraph (1) from consideration as agencies
covered under this subsection. The President shall exclude such
agency or agencies by submitting a waiver with respect to such
agencies in accordance with section 602.
(c) Plan Elements.--The plan transmitted under subsection (a)
shall--
(1) identify the functions of each covered agency that will be
transferred to the Department under the plan;
(2) identify the personnel and positions of each such agency
(including civil service personnel, Foreign Service personnel, and
detailees) that will be transferred to the Department, separated
from service with such agency, or eliminated under the plan, and
set forth a schedule for such transfers, separations, and
terminations;
(3) identify the personnel and positions of the Department
(including civil service personnel, Foreign Service personnel, and
detailees) that will be transferred within the Department,
separated from service with the Department, or eliminated under the
plan, and set forth a schedule for such transfers, separations, and
terminations;
(4) specify the consolidations and reorganization of functions
of the Department that will be required under the plan in order to
permit the Department to carry out the functions transferred to the
Department under the plan;
(5) specify the funds available to each such ag
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ency that will
be transferred to the Department as a result of the transfer of
functions of such agency to the Department;
(6) specify the proposed allocations within the Department of
unexpended funds transferred in connection with the transfer of
functions under the plan; and
(7) specify the proposed disposition of the property,
facilities, contracts, records, and other assets and liabilities of
each such agency in connection with the transfer of the functions
of the agency to the Department.
(d) Modification of Plan.--The President may, on the basis of
consultations with the appropriate congressional committees, modify or
revise the plan transmitted under subsection (a).
(e) Effective Date.--(1) The reorganization plan described in this
section, including any modifications or revisions of the plan under
subsection (d), shall become effective on the earlier of March 1, 1997,
or such date as the President shall determine to be appropriate and
announce by notice published in the Federal Register, which date may be
not earlier than 60 calendar days (excluding any day on which either
House of Congress is not in session because of an adjournment sine die
or because of an adjournment of more than 3 days to a day certain)
after the President has transmitted the reorganization plan to the
appropriate congressional committees pursuant to subsection (a).
(2) Paragraph (1) shall apply notwithstanding section 905(b) of
title 5, United States Code.
SEC. 602. WAIVER.
(a) In General.--(1) The President may waive the applicability of
title II, III, or IV of this division to the agency otherwise covered
by such title only if--
(A) the President includes in the reorganization plan
transmitted under section 601 the certification described in
subsection (b); and
(B) the certification is transmitted with the reorganization
plan not later than October 1, 1996.
(2) The President may exercise such waiver authority with respect
to not more than two such titles.
(b) Certification.--In order to waive the applicability of a title
referred to in subsection (a), the President shall certify that--
(1) the reorganization plan submitted under section 601--
(A) will achieve savings of $1,700,000,000 in budget
authority during fiscal years 1996 through 1999 (not more than
30 percent of which may be realized from reductions in program
levels); and
(B) will conform to the authorizations of appropriations
during such fiscal years in division B; and
(2) the preservation of the agency that would otherwise be
abolished pursuant to the title is important to the national
interest of the United States.
(c) Reorganization of Agency Covered by Waiver.--
(1) In general.--Notwithstanding the waiver of the
applicability of a title of this division, the President, in
consultation with the Secretary and the head of the agency
otherwise abolished pursuant to the title--
(A) shall provide in the reorganization plan transmitted
under section 601 for the transfer to and consolidation within
the Department of the functions of the agency set forth in
paragraph (2); and
(B) may provide in the reorganization plan for additional
consolidation, reorganization, and streamlining of the agency,
including--
(i) the termination of functions and reductions in
personnel of the agency;
(ii) the transfer of functions of the agency (including
personnel operations other than personnel management,
financial operations, public affairs aimed primarily at
domestic audiences, legislative affairs, and legal
affairs), and the personnel associated with such functions,
to the Department; and
(iii) the consolidation, reorganization, and
streamlining of the Department upon the transfer of such
functions and personnel in order to carry out the functions
transferred.
(2) Functions to be transferred.--The functions to be
transferred under paragraph (1) are the functions relating to the
following:
(A) Non-specialized procurement.
(B) Travel and transportation.
(C) Facilities management.
(D) Security operations.
CHAPTER 2--REORGANIZATION AUTHORITY
SEC. 611. REORGANIZATION AUTHORITY.
(a) In General.--The Secretary is authorized, subject to the
requirements of this division, to allocate or reallocate any function
transferred to the Department under any title of this division among
the officers of the Department, and to establish, consolidate, alter,
or discontinue such organizational entities within the Department as
may be necessary or appropriate to carry out any reorganization under
this division, but the authority of the Secretary under this section
does not extend to--
(1) the abolition of organizational entities or officers
established by this Act or any other Act; or
(2) the alteration of the delegation of functions to any
specific organizational entity or officer required by this Act or
any other Act.
(b) Requirements and Limitations on Reorganization Plan.--The
reorganization plan under section 601 may not have the effect of--
(1) creating a new executive department;
(2) continuing a function beyond the period authorized by law
for its exercise or beyond the time when it would have terminated
if the reorganization had not been made;
(3) authorizing an agency to exercise a function which is not
authorized by law at the time the plan is transmitted to Congress;
(4) creating a new agency which is not a component or part of
an existing executive department or independent agency; or
(5) increasing the term of an office beyond that provided by
law for the office.
SEC. 612. TRANSFER AND ALLOCATION OF APPROPRIATIONS AND PERSONNEL.
(a) In General.--Except as otherwise provided in this Act, the
personnel employed in connection with, and the assets, liabilities,
contracts, property, records, and unexpended balance of appropriations,
authorizations, allocations, and other funds employed, held, used,
arising from, available to, or to be made available in connection with
the functions and offices, or portions thereof transferred by any title
of this division, subject to section 1531 of title 31, United States
Code, shall be transferred to the Secretary for appropriate allocation.
(b) Limitation on Use of Transferred Funds.--Unexpended and
unobligated funds transferred pursuant to any title of this division
shall be used only for the purposes for which the funds were originally
authorized and appropriated.
(c) Authorized Strength of the Foreign Service.--When an agency is
abolished under this division, the limitations for fiscal years 1996
and 1997 under section 1351 of this Act on the members of the Foreign
Service authorized to be employed by such agency shall be added to the
limitations under such section which apply to the Department.
SEC. 613. INCIDENTAL TRANSFERS.
The Director of the Office of Management and Budget, in
consultation with the Secretary, is authorized to make such incidental
dispositions of personnel, assets, liabilities, grants, contracts,
property, records, and unexpended balances of appropriations,
authorizations, allocations, and other funds held, used, arising from,
available to, or to be made available in connection with such
functions, as may be necessary to carry out the provisions of any title
of this division. The Director of the Office of Management and Budget,
in consultation with the Secretary, shall provide for the termination
of the affairs of all entities terminated by this division and for such
further measures and dispositions as may be necessary to effectuate the
purposes of any title of t
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his division.
SEC. 614. EFFECT ON PERSONNEL.
(a) Executive Schedule Positions.--Except as otherwise provided in
this division, any person who, on the day preceding the date of the
abolition of an agency the functions of which are transferred under any
title of this division, held a position compensated in accordance with
the Executive Schedule prescribed in chapter 53 of title 5, United
States Code, and who, without a break in service, is appointed in the
Department to a position having duties comparable to the duties
performed immediately preceding such appointment shall continue to be
compensated in such new position at not less than the rate provided for
such previous position, for the duration of the service of such person
in such new position.
(b) Treatment of Appointed Positions.--(1) Positions whose
incumbents are appointed by the President, by and with the advice and
consent of the Senate, the functions of which are transferred by any
title of this division, shall terminate on the effective date of that
title.
(2) An individual holding an office immediately prior to the
abolition or transfer of the office by a title of this division--
(A) who was appointed to the office by the President, by and
with the advice and consent of the Senate; and
(B) who performs duties substantially similar to the duties of
an office proposed to be created under the reorganization plan
submitted under section 601,
may, in the discretion of the Secretary, assume the duties of such new
office, and shall not be required to be reappointed by reason of the
abolition or transfer of the individual's previous office.
(c) Excepted Service.--(1) Subject to paragraph (2), in the case of
employees occupying positions in the excepted service or the Senior
Executive Service, any appointment authority established pursuant to
law or regulations of the Office of Personnel Management for filling
such positions shall be transferred.
(2) The Department may decline a transfer of authority under
paragraph (1) (and the employees appointed pursuant thereto) to the
extent that such authority relates to positions excepted from the
competitive service because of their confidential, policy-making,
policy-determining, or policy-advocating character, and noncareer
positions in the Senior Executive Service (within the meaning of
section 3132(a)(7) of title 5, United States Code).
(d) Employee Benefit Programs.--(1) Any employee accepting
employment with the Department as a result of a transfer pursuant to
any title of this division may retain for 1 year after the date such
transfer occurs membership in any employee benefit program of the
former agency, including insurance, to which such employee belongs on
the date of the enactment of this Act if--
(A) the employee does not elect to give up the benefit or
membership in the program; and
(B) the benefit or program is continued by the Secretary.
(2) The difference in the costs between the benefits which would
have been provided by such agency or entity and those provided by this
section shall be paid by the Secretary. If any employee elects to give
up membership in a health insurance program or the health insurance
program is not continued by the Secretary, the employee shall be
permitted to select an alternate Federal health insurance program
within 30 days of such election or notice, without regard to any other
regularly scheduled open season.
(e) Senior Executive Service.--Any employee in the career Senior
Executive Service who is transferred pursuant to any title of this
division shall be placed in a position at the Department which is
comparable to the position the employee held in the agency.
(f) Assignments.--(1) Transferring employees shall be provided
reasonable notice of new positions and assignments prior to their
transfer pursuant to any title of this division.
(2) Foreign Service personnel transferred to the Department
pursuant to any title of this division shall be eligible for any
assignment open to Foreign Service personnel within the Department for
which such transferred personnel are qualified.
(g) Treatment of Personnel Employed in Terminated Functions.--The
provisions of this subsection shall apply with respect to officers and
employees in the competitive service, or employed under an established
merit system in the excepted service, whose employment is terminated as
a result of the abolition of the agency or the reorganization and
consolidation of functions of the Department under any title of this
division:
(1) Under such regulations as the Office of Personnel
Management may prescribe, the head of any agency in the executive
branch may appoint in the competitive service any person who is
certified by the head of the former agency as having served
satisfactorily in the competitive service in the former agency and
who passes such examination as the Office of Personnel Management
may prescribe. Any person so appointed shall, upon completion of
the prescribed probationary period, acquire a competitive status.
(2) The head of any agency in the executive branch having an
established merit system in the excepted service may appoint in
such service any person who is certified by the head of the former
agency as having served satisfactorily in the former agency and who
passes such examination as the head of such agency in the executive
branch may prescribe.
(3) Any appointment under this subsection shall be made within
a period of one year after completion of the appointee's service.
(4) Any law, Executive order, or regulation which would
disqualify an applicant for appointment in the competitive service
or in the excepted service concerned shall also disqualify an
applicant for appointment under this subsection.
(5) Any rights or benefits created by this subsection are in
addition to rights and benefits otherwise provided by law.
SEC. 615. TRANSITION FUND.
(a) Establishment.--There is hereby established on the books of the
Treasury an account to be known as the ``Foreign Affairs Reorganization
Transition Fund''.
(b) Purpose.--The purpose of the account is to provide funds for
the orderly transfer of functions and personnel to the Department as a
result of the implementation of this division and for payment of other
costs associated with the consolidation of foreign affairs agencies
under this division.
(c) Deposits.--
(1) In general.--Subject to paragraphs (2) and (3), there shall
be deposited into the account the following:
(A) Funds appropriated to the account.
(B) Funds transferred to the account by the Secretary from
funds that are transferred to the Secretary by the head of an
agency under subsection (d).
(C) Funds transferred to the account by the Secretary from
funds that are transferred to the Department together with the
transfer of functions to the Department under this division and
that are not required by the Secretary in order to carry out
the functions.
(D) Funds transferred to the account by the Secretary from
any unobligated funds that are appropriated or otherwise made
available to the Department.
(2) Limitation on transfer of certain department funds.--The
Secretary may transfer funds to the account under subparagraph (C)
of paragraph (1) only if the Secretary determines that the amount
of funds deposited in the account pursuant to subparagraphs (A) and
(B) of that paragraph is inadequate to pay the costs of carrying
out this division.
(3) Limitation on transfer of unobligated funds of
department.--The Secretary may transfer funds to the account under
subparagraph (D) of paragraph (1) only if the Secretary determines
that the amount of funds deposited in the account pursuant to
subparagraphs (A), (B), and (C) of that par
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agraph is inadequate to
pay the costs of carrying out this division.
(d) Transfer of Funds to Secretary.--The head of an agency
abolished under this division shall transfer to the Secretary the
amount, if any, of the unobligated funds appropriated or otherwise made
available to the agency for functions of the agency that are abolished
under this division which funds are not required to carry out the
functions of the agency as a result of the abolishment of the functions
under this division.
(e) Use of Funds.--
(1) In general.--Notwithstanding any other provision of law and
subject to paragraph (2), the Secretary shall use sums in the
account for payment of the costs of carrying out this division,
including costs relating to the consolidation of functions of the
Department and the termination of employees of the Department.
(2) Limitation on use of funds.--
(A) Except as provided in subparagraph (B), the Secretary
may not use sums in the account for payment of the costs
described in paragraph (1) unless the appropriate congressional
committees are notified 15 days in advance of such use in
accordance with procedures applicable to reprogramming
notifications under section 34 of the State Department Basic
Authorities Act of 1956 (22 U.S.C. 2706).
(B) Exception.--Subparagraph (A) does not apply to the
following uses of sums in the account:
(i) For payment of the cost of any severance payments
required to be paid by the Secretary to employees of the
Department, but only if the cost of such payments is less
than $10,000,000.
(ii) For transfer to the head of an agency to be
abolished under this division for payment of the cost of
any severance payments required to be paid to employees of
the agency, but only if the total amount transferred with
respect to the agency is less than $40,000,000.
(iii) For payment of the cost of any improvements of
the information management systems of the Department that
are carried out as a result of the abolishment of agencies
under this division, but only if the cost of such
improvements is less than $15,000,000.
(iv) For payment of the cost of the physical relocation
of fixtures, materials, and other resources from an agency
to be abolished under this division to the Department or of
such relocation within the Department, but only if the cost
of such relocation is less than $10,000,000.
(3) Availability without fiscal year limitation.--Funds in the
account shall be available for the payment of costs under paragraph
(1) without fiscal year limitation.
(f) Treatment of Unobligated Balances.--
(1) In general.--Subject to paragraph (2), unobligated funds,
if any, which remain in the account after the payment of the costs
described in subsection (e)(1) shall be transferred to the
Department and shall be available to the Secretary for purposes of
carrying out the functions of the Department.
(2) Notification.--The Secretary may not transfer funds in the
account to the Department under paragraph (1) unless the
appropriate congressional committees are notified in advance of
such transfer in accordance with the procedures applicable to
reprogramming notifications under section 34 of the State
Department Basic Authorities Act of 1956.
(g) Report on Account.--Not later than October 1, 1998, the
Secretary shall transmit to the appropriate congressional committees a
report containing an accounting of--
(1) the expenditures from the account established under this
section; and
(2) in the event of any transfer of funds to the Department
under subsection (f), the functions for which the funds so
transferred were expended.
(h) Termination of Authority To Use Account.--The Secretary may not
obligate funds in the account after September 30, 1999.
SEC. 616. SAVINGS PROVISIONS.
(a) Continuing Legal Force and Effect.--All orders, determinations,
rules, regulations, permits, agreements, grants, contracts,
certificates, licenses, registrations, privileges, and other
administrative actions--
(1) that have been issued, made, granted, or allowed to become
effective by the President, any Federal agency or official thereof,
or by a court of competent jurisdiction, in the performance of
functions that are transferred under any title of this division;
and
(2) that are in effect at the time such title takes effect, or
were final before the effective date of such title and are to
become effective on or after the effective date of such title,
shall continue in effect according to their terms until modified,
terminated, superseded, set aside, or revoked in accordance with law by
the President, the Secretary, or other authorized official, a court of
competent jurisdiction, or by operation of law.
(b) Pending Proceedings.--(1) The provisions of any title of this
division shall not affect any proceedings, including notices of
proposed rulemaking, or any application for any license, permit,
certificate, or financial assistance pending on the effective date of
any title of this division before any department, agency, commission,
or component thereof, functions of which are transferred by any title
of this division. Such proceedings and applications, to the extent that
they relate to functions so transferred, shall be continued.
(2) Orders shall be issued in such proceedings, appeals shall be
taken therefrom, and payments shall be made pursuant to such orders, as
if this division had not been enacted. Orders issued in any such
proceedings shall continue in effect until modified, terminated,
superseded, or revoked by the Secretary, by a court of competent
jurisdiction, or by operation of law.
(3) Nothing in this division shall be deemed to prohibit the
discontinuance or modification of any such proceeding under the same
terms and conditions and to the same extent that such proceeding could
have been discontinued or modified if this division had not been
enacted.
(4) The Secretary is authorized to promulgate regulations providing
for the orderly transfer of proceedings continued under this subsection
to the Department.
(c) No Effect on Judicial Proceedings.--Except as provided in
subsection (e)--
(1) the provisions of this division shall not affect suits
commenced prior to the effective date of this Act, and
(2) in all such suits, proceedings shall be had, appeals taken,
and judgments rendered in the same manner and effect as if this
division had not been enacted.
(d) Non-Abatement of Proceedings.--No suit, action, or other
proceeding commenced by or against any officer in the official capacity
of such individual as an officer of any department or agency, functions
of which are transferred by any title of this division, shall abate by
reason of the enactment of this division. No cause of action by or
against any department or agency, functions of which are transferred by
any title of this division, or by or against any officer thereof in the
official capacity of such officer shall abate by reason of the
enactment of this division.
(e) Continuation of Proceeding With Substitution of Parties.--If,
before the date on which any title of this division takes effect, any
department or agency, or officer thereof in the official capacity of
such officer, is a party to a suit, and under this division any
function of such department, agency, or officer is transferred to the
Secretary or any other official of the Department, then such suit shall
be continued with the Secretary or other appropriate official of the
Department substituted or added as a party.
(f) Reviewability of Orders and Actions U
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nder Transferred
Functions.--Orders and actions of the Secretary in the exercise of
functions transferred under any title of this division shall be subject
to judicial review to the same extent and in the same manner as if such
orders and actions had been by the agency or office, or part thereof,
exercising such functions immediately preceding their transfer. Any
statutory requirements relating to notice, hearings, action upon the
record, or administrative review that apply to any function transferred
by any title of this division shall apply to the exercise of such
function by the Secretary.
SEC. 617. PROPERTY AND FACILITIES.
The Secretary shall review the property and facilities transferred
to the Department under this division to determine whether such
property and facilities are required by the Department.
SEC. 618. AUTHORITY OF SECRETARY OF STATE TO FACILITATE TRANSITION.
Prior to, or after, any transfer of a function under any title of
this division, the Secretary is authorized to utilize--
(1) the services of such officers, employees, and other
personnel of an agency with respect to functions that will be or
have been transferred to the Department by any title of this
division; and
(2) funds appropriated to such functions for such period of
time as may reasonably be needed to facilitate the orderly
implementation of any title of this division.
SEC. 619. RECOMMENDATIONS FOR ADDITIONAL CONFORMING AMENDMENTS.
Congress urges the President, in consultation with the Secretary
and the heads of other appropriate agencies, to develop and submit to
Congress recommendations for such additional technical and conforming
amendments to the laws of the United States as may be appropriate to
reflect the changes made by this division.
SEC. 620. FINAL REPORT.
Not later than October 1, 1998, the President, in consultation with
the Secretary of the Treasury and the Director of the Office of
Management and Budget shall submit to the appropriate congressional
committees a report which provides a final accounting of the finances
and operations of the agencies abolished under this division.
SEC. 621. TRANSFER OF FUNCTION.
Any determination as to whether a transfer of function, carried out
under this Act, constitutes a transfer of function for purposes of
subchapter I of chapter 35 of title 5, United States Code, shall be
made without regard to whether or not the function involved is
identical to functions already being performed by the receiving agency.
SEC. 622. SEVERABILITY.
If a provision of this division or its application to any person or
circumstance is held invalid, neither the remainder of this division
nor the application of the provision to other persons or circumstances
shall be affected.
DIVISION B--FOREIGN RELATIONS AUTHORIZATIONS
TITLE X--GENERAL PROVISIONS
SEC. 1001. SHORT TITLE.
This division may be cited as the ``Department of State and Related
Agencies Authorization Act, Fiscal Years 1996 and 1997''.
SEC. 1002. DEFINITIONS.
The following terms have the following meaning for the purposes of
this division:
(1) The term ``AID'' means the Agency for International
Development.
(2) The term ``ACDA'' means the United States Arms Control and
Disarmament Agency.
(3) The term ``appropriate congressional committees'' means the
Committee on International Relations of the House of
Representatives and the Committee of Foreign Relations of the
Senate.
(4) The term ``Department'' means the Department of State.
(5) The term ``Federal agency'' has the meaning given to the
term ``agency'' by section 551(1) of title 5, United States Code.
(6) The term ``function'' means any duty, obligation, power,
authority, responsibility, right, privilege, activity, or program.
(7) The term ``office'' includes any office, administration,
agency, institute, unit, organizational entity, or component
thereof.
(8) The term ``Secretary'' means the Secretary of State.
(9) The term ``USIA'' means the United States Information
Agency.
TITLE XI--AUTHORIZATION OF APPROPRIATIONS FOR DEPARTMENT OF STATE AND
CERTAIN INTERNATIONAL AFFAIRS FUNCTIONS AND ACTIVITIES
SEC. 1101. ADMINISTRATION OF FOREIGN AFFAIRS.
The following amounts are authorized to be appropriated for the
Department of State under ``Administration of Foreign Affairs'' to
carry out the authorities, functions, duties, and responsibilities in
the conduct of the foreign affairs of the United States and for other
purposes authorized by law, including the diplomatic security program:
(1) Diplomatic and consular programs.--For ``Diplomatic and
Consular Programs'' of the Department of State, $1,719,220,000 for
the fiscal year 1996, $1,710,000,000 for the fiscal year 1997,
$1,708,800,000 for the fiscal year 1998, and $1,700,000,000 for the
fiscal year 1999.
(2) Salaries and expenses.--
(A) Authorization of appropriations.--For ``Salaries and
Expenses'' of the Department of State, $365,146,000 for the
fiscal year 1996, $357,000,000 for the fiscal year 1997,
$355,000,000 for the fiscal year 1998, and $355,000,000 for the
fiscal year 1999.
(B) Limitation.--Of the amount authorized to be
appropriated by subparagraph (A), $11,900,000 for fiscal year
1997 is authorized to be appropriated for salaries and expenses
of the Bureau of Refugee and Migration Assistance.
(3) Capital investment fund.--For ``Capital Investment Fund''
of the Department of State, $16,400,000 for the fiscal year 1996
and $16,400,000 for the fiscal year 1997.
(4) Security and maintenance of united states missions.--For
``Security and Maintenance of United States Missions'',
$385,760,000 for the fiscal year 1996 and $380,000,000 for the
fiscal year 1997.
(5) Representation allowances.--For ``Representation
Allowances'', $4,500,000 for the fiscal year 1996 and $4,500,000
for the fiscal year 1997.
(6) Emergencies in the diplomatic and consular service.--For
``Emergencies in the Diplomatic and Consular Service'', $6,000,000
for the fiscal year 1996 and $6,000,000 for the fiscal year 1997.
(7) Office of the inspector general.--For ``Office of the
Inspector General'', $27,369,000 for the fiscal year 1996,
$27,000,000 for the fiscal year 1997, $27,000,000 for the fiscal
year 1998, and $27,000,000 for the fiscal year 1999.
(8) Payment to the american institute in taiwan.--For ``Payment
to the American Institute in Taiwan'', $15,165,000 for the fiscal
year 1996 and $14,165,000 for the fiscal year 1997.
(9) Protection of foreign missions and officials.--For
``Protection of Foreign Missions and Officials'', $8,579,000 for
the fiscal year 1996 and $10,000,000 for the fiscal year 1997.
(10) Repatriation loans.--For ``Repatriation Loans'', $776,000
for the fiscal year 1996 and $776,000 for the fiscal year 1997, for
administrative expenses.
SEC. 1102. INTERNATIONAL ORGANIZATIONS, PROGRAMS, AND CONFERENCES.
(a) Assessed Contributions to International Organizations.--There
are authorized to be appropriated for ``Contributions to International
Organizations'', $850,000,000 for the fiscal year 1996 and $840,000,000
for the fiscal year 1997 for the Department of State to carry out the
authorities, functions, duties, and responsibilities in the conduct of
the foreign affairs of the United States with respect to international
organizations and to carry out other authorities in law consistent with
such purposes.
(b) Assessed Contributions for International Peacekeeping
Activities.--There are authorized to be appropriated for
``Contributions for International Peacekeeping Activities'',
$445,000,000 for the fiscal year 1996 and $375,000,000 for the fiscal
year 1997 for the Department of State to carry
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out the authorities,
functions, duties, and responsibilities in the conduct of the foreign
affairs of the United States with respect to international peacekeeping
activities and to carry out other authorities in law consistent with
such purposes.
(c) International Conferences and Contingencies.--There are
authorized to be appropriated for ``International Conferences and
Contingencies'', $3,000,000 for the fiscal year 1996 and $3,000,000 for
the fiscal year 1997 for the Department of State to carry out the
authorities, functions, duties, and responsibilities in the conduct of
the foreign affairs of the United States with respect to international
conferences and contingencies and to carry out other authorities in law
consistent with such purposes.
(d) Foreign Currency Exchange Rates.--In addition to amounts
otherwise authorized to be appropriated by subsections (a) and (b),
there are authorized to be appropriated such sums as may be necessary
for each of the fiscal years 1996 and 1997 to offset adverse
fluctuations in foreign currency exchange rates. Amounts appropriated
under this subsection shall be available for obligation and expenditure
only to the extent that the Director of the Office of Management and
Budget determines and certifies to Congress that such amounts are
necessary due to such fluctuations.
(e) Limitation on United States Voluntary Contributions to United
Nations Development Program.--
(1) Of the amounts made available for fiscal years 1996 and
1997 for United States voluntary contributions to the United
Nations Development Program--
(A) not more than $51,800,000 shall be made available for
fiscal year 1996 unless, during fiscal year 1996, the President
submits to the appropriate committees of Congress the
certification described in paragraph (2), and
(B) not more than $51,800,000 shall be available for fiscal
year 1997 unless, during fiscal year 1997, the President
submits to the appropriate committees of Congress the
certification described in paragraph (2).
(2) The certification referred to in paragraph (1) is a
certification by the President that all programs and activities of
the United Nations Development Program (including United Nations
Development Program--Administered Funds) in Burma--
(A) are focused on eliminating human suffering and
addressing the needs of the poor;
(B) are undertaken only through international or private
voluntary organizations that have been deemed independent of
the State Law and Order Restoration Council (SLORC) by the
leadership of the National League for Democracy and the
leadership of the National Coalition Government of the Union of
Burma;
(C) provide no financial, political, or military benefit to
the SLORC; and
(D) are supported by the leadership of the National League
for Democracy and the leadership of the National Coalition
Government of the Union of Burma.
SEC. 1103. INTERNATIONAL COMMISSIONS.
The following amounts are authorized to be appropriated under
``International Commissions'' for the Department of State to carry out
the authorities, functions, duties, and responsibilities in the conduct
of the foreign affairs of the United States and for other purposes
authorized by law:
(1) International boundary and water commission, united states
and mexico.--For ``International Boundary and Water Commission,
United States and Mexico''--
(A) for ``Salaries and Expenses'' $12,058,000 for the
fiscal year 1996 and $19,372,000 for the fiscal year 1997; and
(B) for ``Construction'' $6,644,000 for the fiscal year
1996 and $9,000,000 for the fiscal year 1997.
(2) International boundary commission, united states and
canada.--For ``International Boundary Commission, United States and
Canada'', $640,000 for the fiscal year 1996 and $666,000 for the
fiscal year 1997.
(3) International joint commission.--For ``International Joint
Commission'', $3,360,000 for the fiscal year 1996 and $3,195,000
for the fiscal year 1997.
(4) International fisheries commissions.--For ``International
Fisheries Commissions'', $14,669,000 for the fiscal year 1996 and
$13,202,000 for the fiscal year 1997.
SEC. 1104. MIGRATION AND REFUGEE ASSISTANCE.
(a) Authorization of Appropriations.--
(1) Migration and refugee assistance.--
(A) Authorization of appropriations.--There are authorized
to be appropriated for ``Migration and Refugee Assistance'' for
authorized activities, $590,000,000 for the fiscal year 1996
and $590,000,000 for the fiscal year 1997.
(B) Limitation.--None of the funds authorized to be
appropriated by this section for fiscal year 1997 are
authorized to be appropriated for salaries and administrative
expenses of the Bureau of Migration and Refugee Assistance.
(2) Refugees resettling in israel.--There are authorized to be
appropriated $80,000,000 for the fiscal year 1996 and $80,000,000
for the fiscal year 1997 for assistance for refugees resettling in
Israel from other countries.
(3) Humanitarian assistance for displaced burmese.--There are
authorized to be appropriated $1,500,000 for the fiscal year 1996
and $1,500,000 for the fiscal year 1997 for humanitarian
assistance, including but not limited to food, medicine, clothing,
and medical and vocational training to persons displaced as a
result of civil conflict in Burma, including persons still within
Burma.
(4) Resettlement of vietnamese, laotians, and cambodians.--Of
the amounts authorized to be appropriated for fiscal year 1996
under paragraph (1), there are authorized to be appropriated such
amounts as are necessary for the admission and resettlement, within
numerical limitations provided by law for refugee admissions, of
persons who--
(A) are or were nationals and residents of Vietnam, Laos,
or Cambodia and are or were at any time after July 1, 1995,
residents of refugee camps in Hong Kong, the Philippines,
Indonesia, Malaysia, or Thailand; and
(B)(i) are determined by a United States immigration
officer to be within a category of aliens referred to in
section 599D(b)(2)(C) of the Foreign Operations Export
Financing and Related Programs Appropriations Act, 1990 (Public
Law 101-167); or
(ii) are otherwise determined by a United States
immigration officer to be refugees within the meaning of
section 101(a)(42) of the Immigration and Nationality Act.
(b) General Limitations.--None of the funds authorized to be
appropriated by subsection (a) are authorized to be available for any
program or activity that provides for, promotes, or assists in the
repatriation of any person to Vietnam, Laos, or Cambodia, unless the
President has certified to the appropriate congressional committees
that--
(1) all persons described in subsection (a)(4)(A) have been or
will be offered an interview by a United States immigration officer
in a refugee camp or elsewhere in the host country in which such a
camp is located (or, if the government of such a country has
declined a request by the United States to permit such interviews
to take place within such country, in their country of origin) for
the purpose of determining whether they are persons described in
subsection (a)(4)(B); and
(2) all persons described in subsection (a)(4)(B) have been or
will be offered resettlement outside their countries of
nationality.
(c) Availability of Funds.--Funds appropriated pursuant to
subsection (a) are authorized to be available until expended.
(d) Refugee Camp Defined.--For the purposes of this section, the
ter
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m ``refugee camp'' means any place in which people who left Vietnam,
Cambodia, or Laos are housed or held by a government or international
organization, regardless of the designation of such place by such
government or organization.
(e) Statutory Construction.--Nothing in this section may be
construed to require or permit an increase in the number of refugee
admissions for fiscal year 1996 from the numerical limitation for
refugee admissions for fiscal year 1995.
SEC. 1105. ASIA FOUNDATION.
There are authorized to be appropriated for the Department of State
$5,000,000 for the fiscal year 1996 and $10,000,000 for the fiscal year
1997 for ``Asia Foundation''.
SEC. 1106. UNITED STATES INFORMATIONAL, EDUCATIONAL, AND CULTURAL
PROGRAMS.
The following amounts are authorized to be appropriated to carry
out international information activities and educational and cultural
exchange programs under the United States Information and Educational
Exchange Act of 1948, the Mutual Educational and Cultural Exchange Act
of 1961, Reorganization Plan Number 2 of 1977, the United States
International Broadcasting Act of 1994, the Radio Broadcasting to Cuba
Act, the Television Broadcasting to Cuba Act, the Board for
International Broadcasting Act, the Inspector General Act of 1978, the
North/South Center Act of 1991, the National Endowment for Democracy
Act, and to carry out other authorities in law consistent with such
purposes:
(1) Salaries and expenses.--For ``Salaries and Expenses'',
$445,645,000 for the fiscal year 1996, $440,000,000 for the fiscal
year 1997, $410,000,000 for the fiscal year 1998, and $399,000,000
for the fiscal year 1999.
(2) Technology fund.--For ``Technology Fund'' for the United
States Information Agency, $5,050,000 for the fiscal year 1996 and
$5,050,000 for the fiscal year 1997.
(3) Educational and cultural exchange programs.--
(A) Fulbright academic exchange programs.--For the
``Fulbright Academic Exchange Programs'', $102,500,000 for the
fiscal year 1996 and $98,000,000 for the fiscal year 1997.
(B) Other programs.--For ``Hubert H. Humphrey Fellowship
Program'', ``Edmund S. Muskie Fellowship Program'',
``International Visitors Program'', ``Mike Mansfield Fellowship
Program'', ``Claude and Mildred Pepper Scholarship Program of
the Washington Workshops Foundation'', ``Citizen Exchange
Programs'', ``Congress-Bundestag Exchange Program'', ``Newly
Independent States and Eastern Europe Training'', ``Institute
for Representative Government'', ``Arts America'', ``South
Pacific Exchanges'', ``East Timorese Scholarships'',
``Cambodian Scholarships'', and ``Educational and Cultural
Exchanges with Tibet'', $97,500,000 for the fiscal year 1996
and $85,000,000 for the fiscal year 1997.
(4) International broadcasting activities.--
(A) Authorization of appropriations.--For ``International
Broadcasting Activities'', $325,191,000 for the fiscal year
1996, $330,000,000 for the fiscal year 1997, $320,000,000 for
the fiscal year 1998, and $315,000,000 for the fiscal year
1999.
(B) Allocation.--Of the amounts authorized to be
appropriated under subparagraph (A), the Director of the United
States Information Agency and the Board of Broadcasting
Governors shall seek to ensure that the amounts made available
for broadcasting to nations whose people do not fully enjoy
freedom of expression do not decline in proportion to the
amounts made available for broadcasting to other nations.
(5) Radio construction.--For ``Radio Construction'',
$40,000,000 for the fiscal year 1996, and $35,000,000 for the
fiscal year 1997.
(6) Radio free asia.--For ``Radio Free Asia'', $10,000,000 for
the fiscal year 1996 and $10,000,000 for the fiscal year 1997.
(7) Broadcasting to cuba.--For ``Broadcasting to Cuba'',
$24,809,000 for the fiscal year 1996 and $24,809,000 for the fiscal
year 1997.
(8) Center for cultural and technical interchange between east
and west.--For ``Center for Cultural and Technical Interchange
between East and West'', $11,750,000 for the fiscal year 1996 and
$11,750,000 for the fiscal year 1997.
(9) National endowment for democracy.--
(A) Authorization of appropriations.--For ``National
Endowment for Democracy'', $32,000,000 for the fiscal year 1996
and $30,000,000 for the fiscal year 1997.
(B) Limitation.--Of the amounts authorized to be
appropriated under subparagraph (A) for each fiscal year, not
more than 55 percent shall be available only for the following
organizations, in equal allotments:
(i) The International Republican Institute (IRI).
(ii) The National Democratic Institute (NDI).
(iii) The Free Trade Union Institute (FTUI).
(iv) The Center for International Private Enterprise
(CIPE).
(10) Center for cultural and technical interchange between
north and south.--For ``Center for Cultural and Technical
Interchange between North and South'' $2,000,000 for the fiscal
year 1996 and $3,000,000 for the fiscal year 1997.
SEC. 1107. UNITED STATES ARMS CONTROL AND DISARMAMENT.
There are authorized to be appropriated to carry out the purposes
of the Arms Control and Disarmament Act--
(1) $35,700,000 for the fiscal year 1996, $30,000,000 for the
fiscal year 1997, $28,000,000 for the fiscal year 1998, and
$25,000,000 for the fiscal year 1999; and
(2) such sums as may be necessary for each of the fiscal years
1996 and 1997 for increases in salary, pay, retirement, other
employee benefits authorized by law, and to offset adverse
fluctuations in foreign currency exchange rates.
SEC. 1108. ADMINISTRATION OF FOREIGN ASSISTANCE.
(a) Operating Expenses Generally.--Section 667(a)(1) of the Foreign
Assistance Act of 1961 (22 U.S.C. 2427(a)(1)) is amended to read as
follows:
``(1) $465,000,000 for each of the fiscal years 1996 and 1997,
$445,000,000 for fiscal year 1998, and $435,000,000 for fiscal year
1999 for necessary operating expenses of the agency primarily
responsible for administering part I of this Act (other than the
office of the inspector general of such agency); and''.
(b) Operating Expenses of the Office of the Inspector General of
AID.--Section 667(a) of the Foreign Assistance Act of 1961 (22 U.S.C.
2427(a)) is further amended--
(1) by redesignating paragraph (2) as paragraph (3);
(2) by striking ``and'' at the end of paragraph (1); and
(3) by inserting after paragraph (1) the following:
``(2) $30,200,000 for fiscal year 1996, $27,000,000 for fiscal
year 1997, $25,000,000 for fiscal year 1998, and $19,000,000 for
fiscal year 1999 for necessary operating expenses of the office of
the inspector general of such agency; and''.
SEC. 1109. NARCOTICS CONTROL ASSISTANCE.
(a) In General.--There are authorized to be appropriated
$115,000,000 for fiscal year 1996 and $213,000,000 for fiscal year 1997
to carry out chapter 8 of part I of the Foreign Assistance Act of 1961
(22 U.S.C. 2291 et seq.).
(b) Availability of Amounts.--Amounts authorized to be appropriated
under subsection (a) are authorized to remain available until expended.
SEC. 1110. PEACE CORPS.
Section 3(b) of the Peace Corps Act (22 U.S.C. 2502(b)) is amended
to read as follows:
``(b)(1) There are authorized to be appropriated to carry out the
purposes of this Act $210,000,000 for fiscal year 1996 and $234,000,000
for fiscal year 1997.
``(2) Amounts authorized to be appropriated under paragraph (1)--
``(A) with respect to fiscal year 1996 are authorized to remain
available until September 30, 1997; and
``(B) with resp
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ect to fiscal year 1997 are authorized to remain
available until September 30, 1998.''.
SEC. 1111. HOUSING GUARANTEE PROGRAM.
(a) Authorization of Appropriations for Administrative Expenses.--
(1) In general.--(A) Subject to subparagraph (B), there are
authorized to be appropriated $7,000,000 for fiscal year 1996 and
$6,000,000 for fiscal year 1997 for administrative expenses to
carry out guaranteed loan programs under sections 221 and 222 of
the Foreign Assistance Act of 1961 (22 U.S.C. 2181 and 2182).
(B) Amounts authorized to be appropriated under subparagraph
(A) may be made available only for--
(i) administrative expenses incurred with respect to
guaranties issued before the date of the enactment of this Act;
or
(ii) expenses incurred with respect to activities related
to the collection of amounts paid by the United States in the
discharge of liabilities under guaranties issued under section
222 of the Foreign Assistance Act of 1961 (22 U.S.C. 2182).
(2) Availability.--Amounts authorized to be appropriated under
paragraph (1) are authorized to remain available until expended.
(b) Additional Requirements.--
(1) Expiration of authority.--Section 222(a) of the Foreign
Assistance Act of 1961 (22 U.S.C. 2182(a)) is amended by striking
the third sentence and inserting the following: ``No guaranties may
be issued under this section on or after the date of the enactment
of the Foreign Relations Authorization Act, Fiscal Years 1996 and
1997.''.
(2) Cancellation of certain existing guaranties.--Section 222
of such Act (22 U.S.C. 2182) is amended--
(A) by redesignating subsection (k) as subsection (d); and
(B) by adding at the end the following new subsection:
``(e) The President shall cancel all guaranties issued under this
section with respect to which eligible investors have not (before the
date of the enactment of the Foreign Relations Authorization Act,
Fiscal Years 1996 and 1997) applied such guaranties to loans for
projects under this title. The provisions of this subsection shall not
apply to guaranties which have been issued for the benefit of the
Republic of South Africa.''.
(3) Prohibition on assistance for entities in default and
certain other entities.--Section 620 of such Act (22 U.S.C. 2370)
is amended by inserting after subsection (u) the following new
subsection:
``(v)(1) Subject to paragraph (2), no assistance shall be furnished
under this Act to any entity that--
``(A) fails to make timely payments on loans with respect to
which guaranties have been issued under title III of chapter 2 of
part I of this Act (relating to housing and other credit guaranty
programs); or
``(B) causes amounts (including amounts for administrative
expenses) to be paid by the United States in the discharge of
liabilities under guaranties issued under such title, unless such
entity has reimbursed the United States for such amounts.
``(2) The President may waive the prohibition in paragraph (1) with
respect to an entity if the President determines that it is in the
national interest of the United States to furnish assistance under this
Act to such entity.''.
TITLE XII--DEPARTMENT OF STATE AUTHORITIES AND ACTIVITIES
CHAPTER 1--AUTHORITIES AND ACTIVITIES
SEC. 1201. REVISION OF DEPARTMENT OF STATE REWARDS PROGRAM.
(a) In General.--Section 36 of the State Department Basic
Authorities Act of 1956 (22 U.S.C. 2708) is amended to read as follows:
``SEC. 36. DEPARTMENT OF STATE REWARDS PROGRAM.
``(a) Establishment.--(1) There is established a program for the
payment of rewards to carry out the purposes of this section.
``(2) The rewards program established by this section shall be
administered by the Secretary of State, in consultation, where
appropriate, with the Attorney General.
``(b) Purpose.--(1) The rewards program established by this section
shall be designed to assist in the prevention of acts of international
terrorism, international narcotics trafficking, and other related
criminal acts.
``(2) At the sole discretion of the Secretary of State and in
consultation, as appropriate, with the Attorney General, the Secretary
of State may pay a reward to any individual who furnishes information
leading to--
``(A) the arrest or conviction in any country of any individual
for the commission of an act of international terrorism against a
United States person or United States property;
``(B) the arrest or conviction in any country of any individual
conspiring or attempting to commit an act of international
terrorism against a United States person or United States property;
``(C) the arrest or conviction in any country of any individual
for committing, primarily outside the territorial jurisdiction of
the United States, any narcotics-related offense if that offense
involves or is a significant part of conduct that involves--
``(i) a violation of United States narcotics laws and which
is such that the individual would be a major violator of such
laws;
``(ii) the killing or kidnapping of--
``(I) any officer, employee, or contract employee of
the United States Government while such individual is
engaged in official duties, or on account of that
individual's official duties, in connection with the
enforcement of United States narcotics laws or the
implementing of United States narcotics control objectives;
or
``(II) a member of the immediate family of any such
individual on account of that individual's official duties
in connection with the enforcement of United States
narcotics laws or the implementing of United States
narcotics control objectives; or
``(iii) an attempt or conspiracy to commit any of the acts
described in clause (i) or (ii);
``(D) the arrest or conviction in any country of any individual
aiding or abetting in the commission of an act described in
subparagraphs (A) through (C); or
``(E) the prevention, frustration, or favorable resolution of
an act described in subparagraphs (A) through (C).
``(c) Coordination.--(1) To ensure that the payment of rewards
pursuant to this section does not duplicate or interfere with the
payment of informants or the obtaining of evidence or information, as
authorized to the Department of Justice, the offering, administration,
and payment of rewards under this section, including procedures for--
``(A) identifying individuals, organizations, and offenses with
respect to which rewards will be offered;
``(B) the publication of rewards;
``(C) offering of joint rewards with foreign governments;
``(D) the receipt and analysis of data; and
``(E) the payment and approval of payment,
shall be governed by procedures developed by the Secretary of State, in
consultation with the Attorney General.
``(2) Before making a reward under this section in a matter over
which there is Federal criminal jurisdiction, the Secretary of State
shall advise and consult with the Attorney General.
``(d) Funding.--(1) There are authorized to be appropriated to the
Department of State from time to time such amounts as may be necessary
to carry out the purposes of this section, notwithstanding section 102
of the Foreign Relations Authorization Act, Fiscal Years 1986 and 1987
(Public Law 99-93).
``(2) No amount of funds may be appropriated which, when added to
the amounts previously appropriated but not yet obligated, would cause
such amounts to exceed $15,000,000.
``(3) To the maximum extent practicable, funds made available to
carry out this section should be distributed equally for the purpose of
preventing acts
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of international terrorism and for the purpose of
preventing international narcotics trafficking.
``(4) Amounts appropriated to carry out the purposes of this
section shall remain available until expended.
``(e) Limitation and Certification.--(1) A reward under this
section may not exceed $2,000,000.
``(2) A reward under this section of more than $100,000 may not be
made without the approval of the President or the Secretary of State.
``(3) Any reward granted under this section shall be approved and
certified for payment by the Secretary of State.
``(4) The authority of paragraph (2) may not be delegated to any
other officer or employee of the United States Government.
``(5) If the Secretary determines that the identity of the
recipient of a reward or of the members of the recipient's immediate
family must be protected, the Secretary may take such measures in
connection with the payment of the reward as he considers necessary to
effect such protection.
``(f) Ineligibility.--An officer or employee of any governmental
entity who, while in the performance of his or her official duties,
furnishes information described in subsection (b) shall not be eligible
for a reward under this section.
``(g) Reports.--(1) Not later than 30 days after the payment of any
reward under this section, the Secretary of State shall submit a report
to the appropriate congressional committees with respect to such
reward. The report, which may be submitted on a classified basis if
necessary, shall specify the amount of the reward paid, to whom the
reward was paid, and the acts with respect to which the reward was
paid. The report shall also discuss the significance of the information
for which the reward was paid in dealing with those acts.
``(2) Not later than 60 days after the end of each fiscal year, the
Secretary of State shall submit an annual report to the appropriate
congressional committees with respect to the operation of the rewards
program authorized by this section. Such report shall provide
information on the total amounts expended during such fiscal year to
carry out the purposes of this section, including amounts spent to
publicize the availability of rewards. Such report shall also include
information on all requests for the payment of rewards under this
section, including the reasons for the denial of any such requests.
``(h) Definitions.--As used in this section--
``(1) the term `appropriate congressional committees' means the
Committee on International Relations of the House of
Representatives and the Committee on Foreign Relations of the
Senate;
``(2) the term `act of international terrorism' includes, but
is not limited to--
``(A) any act substantially contributing to the acquisition
of unsafeguarded special nuclear material (as defined in
section 830(8) of the Nuclear Proliferation Prevention Act of
1994) or any nuclear explosive device (as defined in section
830(4) of that Act) by an individual, group, or non-nuclear
weapon state (as defined in section 830(5) of that Act); and
``(B) any act, as determined by the Secretary of State,
which materially supports the conduct of international
terrorism, including the counterfeiting of United States
currency or the illegal use of other monetary instruments by an
individual, group, or country supporting international
terrorism as determined for purposes of section 6(j) of the
Export Administration Act of 1979;
``(3) the term `United States narcotics laws' means the laws of
the United States for the prevention and control of illicit traffic
in controlled substances (as such term is defined for purposes of
the Controlled Substances Act); and
``(4) the term `member of the immediate family' includes--
``(A) a spouse, parent, brother, sister, or child of the
individual;
``(B) a person to whom the individual stands in loco
parentis; and
``(C) any other person living in the individual's household
and related to the individual by blood or marriage.
``(i) Judicial Review.--A determination made by the Secretary of
State as to whether to authorize a reward under this section or as to
the amount of a reward shall not be subject to judicial review.''.
(b) Sense of Congress.--It is the sense of the Congress that the
Secretary of State should pursue additional means of funding the
program established by section 36 of the State Department Basic
Authorities Act of 1956 (22 U.S.C. 2708), including the authority to
seize and dispose of assets used in the commission of any offense under
sections 1028, 1541 through 1544, and 1546 of title 18, United States
Code, and to retain the proceeds derived from the disposition of such
assets; to participate in asset sharing programs conducted by the
Department of Justice; and to retain earnings accruing on all assets of
foreign countries blocked by the President pursuant to the
International Emergency Powers Act (50 U.S.C. 1701 and following) to
carry out the purposes of section 36 of the State Department Basic
Authorities Act of 1956.
SEC. 1202. BUYING POWER MAINTENANCE ACCOUNT.
Section 24(b)(7) of the State Department Basic Authorities Act of
1956 (22 U.S.C. 2696(b)(7)) is amended by striking subparagraph (D).
SEC. 1203. EXPENSES RELATING TO CERTAIN INTERNATIONAL CLAIMS AND
PROCEEDINGS.
(a) Recovery of Certain Expenses.--The Department of State
Appropriation Act, 1937 (49 Stat. 1321, 22 U.S.C. 2661, as amended by
section 142(b) of the Foreign Relations Authorization Act, Fiscal Years
1988 and 1989 (Public Law 100-204)) is amended in the fifth
undesignated paragraph under the heading entitled ``international
fisheries commission'' by striking ``extraordinary''.
(b) Procurement of Services.--Section 38(c) of the State Department
Basic Authorities Act of 1956 (22 U.S.C. 2710(c)) is amended in the
first sentence by inserting ``personal and'' before ``other support
services''.
SEC. 1204. DENIAL OF PASSPORTS TO NONCUSTODIAL PARENTS SUBJECT TO STATE
ARREST WARRANTS IN CASES OF NONPAYMENT OF CHILD SUPPORT.
The Secretary of State is authorized to refuse to issue a passport
or to revoke, restrict, or limit a passport in any case in which the
Secretary of State determines or is informed by competent authority
that the applicant or passport holder is a noncustodial parent who is
the subject of an outstanding State warrant of arrest for nonpayment of
child support, where the amount in controversy is not less than
$10,000.
SEC. 1205. TRAINING.
Section 701 of the Foreign Service Act of 1980 (22 U.S.C. 4021) is
amended--
(1) by redesignating subsection (d)(4) as subsection (g); and
(2) by inserting after subsection (d) the following new
subsections:
``(e)(1) The Secretary of State is authorized to provide
appropriate training through the institution to employees of any United
States company engaged in business abroad, and to the families of such
employees, when such training is in the national interest of the United
States.
``(2) In the case of any company under contract to provide services
to the Department of State, the Secretary of State is authorized to
provide job-related training to any company employee who is performing
such services.
``(3) Training under this subsection shall be on a reimbursable or
advance-of-funds basis. Such reimbursements or advances shall be
credited to the currently applicable appropriation account.
``(4) Training under this subsection is authorized only to the
extent that it will not interfere with the institution's primary
mission of training employees of the Department and of other agencies
in the field of foreign relations.
``(f)(1) The Secretary of State is authorized to provide on a
reimbursable basis foreign language training programs to Members of
Congress and officers and employees of Congre
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ss.
``(2) Reimbursements under this subsection, to the extent
practicable, should be equivalent to the rate of reimbursement charged
other agencies of the United States Government for comparable training.
``(3) Reimbursements collected under this subsection shall be
credited to the currently available applicable appropriation account.
``(4) Training under this subsection is authorized only to the
extent that it will not interfere with the institution's primary
mission of training employees of the Department and of other agencies
in the field of foreign relations.''.
SEC. 1206. CAPITAL INVESTMENT FUND.
Section 135 of the Foreign Relations Authorization Act, Fiscal
Years 1994 and 1995 (22 U.S.C. 2684a) is amended--
(1) in subsection (a), by inserting ``and upgrade'' after
``procurement'';
(2) in subsection (c), by striking ``are authorized to'' and
inserting ``shall'';
(3) in subsection (d), by striking all that follows
``available'' and inserting ``for the purposes of subsection
(a).''; and
(4) in subsection (e), by striking all that follows ``(22
U.S.C. 2710)'' before the period at the end.
SEC. 1207. LEASE-PURCHASE OF OVERSEAS PROPERTY.
(a) Authority for Lease-Purchase.--Subject to subsections (b) and
(c), the Secretary is authorized to acquire by lease-purchase such
properties as are described in subsection (b), if--
(1) the Secretary of State, and
(2) the Director of the Office of Management and Budget,
certify and notify the appropriate committees of Congress that the
lease-purchase arrangement will result in a net cost savings to the
Federal Government when compared to a lease, a direct purchase, or
direct construction of comparable property.
(b) Locations and Limitations.--The authority granted in subsection
(a) may be exercised only--
(1) to acquire appropriate housing for Department of State
personnel stationed abroad and for the acquisition of other
facilities, in locations in which the United States has a
diplomatic mission; and
(2) during fiscal years 1996 and 1997.
(c) Authorization of Funding.--Funds for lease-purchase
arrangements made pursuant to subsection (a) shall be available from
amounts appropriated under the authority of section 1101(4) (relating
to the ``Security and Maintenance of United States Missions'' account).
Such funds shall be available only to such extent or in such amounts as
are provided in advance in an appropriation Act.
SEC. 1208. FEES FOR COMMERCIAL SERVICES.
Section 52 of the State Department Basic Authorities Act of 1956
(22 U.S.C. 2724) is amended in subsection (b) by adding at the end the
following: ``Such fees shall remain available for obligation until
expended. Deposited funds may be obligated and expended only in such
amounts as are provided in advance in an appropriation Act.''.
SEC. 1209. REDUCTION OF REPORTING REQUIREMENTS.
Section 488(a)(3) of the Foreign Assistance Act of 1961 (22 U.S.C.
2291g) is amended by striking ``quarter of the''.
SEC. 1210. FEE FOR USE OF DIPLOMATIC RECEPTION ROOMS.
Title I of the State Department Basic Authorities Act of 1956 (22
U.S.C. 2651a et seq.) is amended by adding at the end the following new
section:
``SEC. 53. FEE FOR USE OF DIPLOMATIC RECEPTION ROOMS.
``The Secretary of State is authorized to charge a fee for use of
the Department of State diplomatic reception rooms. Fees collected
under the authority of this section shall be deposited as an offsetting
collection to any Department of State appropriation to recover the
costs of such use and shall remain available for obligation until
expended. Amounts deposited may be obligated and expended only to the
extent and in such amounts as are provided in advance in an
appropriation Act.''.
SEC. 1211. INTERNATIONAL CENTER RESERVE FUNDS.
Section 5 of the International Center Act (Public Law 90-533) is
amended by inserting before the last sentence the following: ``Amounts
in the reserve may be deposited in interest bearing accounts, and the
Secretary may retain for the purposes of the reserve any interest
earned on such deposits without returning such interest to the Treasury
of the United States.''.
SEC. 1212. JOINT FUNDS UNDER AGREEMENTS FOR COOPERATION IN
ENVIRONMENTAL, SCIENTIFIC, CULTURAL, AND RELATED AREAS.
In order to promote the maximum benefits from continued
participation in international agreements in effect as of the date of
enactment of this Act for cooperation in environmental, scientific,
cultural, and related areas, appropriated funds that have been made
available in fiscal year 1995 and prior fiscal years under the
Department of State's program of international environmental,
scientific, and cultural cooperation to joint funds or accounts under
such agreements may, to the extent specified within the agreement, be
deposited in interest bearing accounts prior to disbursement of such
funds for the purposes of the program. Interest earned may be retained
for use under such agreements for program or administrative purposes,
without returning such interest to the Treasury of the United States.
Such retained interest amounts shall be available for obligation and
expenditure only to such extent and in such amounts as are provided in
advance in appropriation Acts.
SEC. 1213. EFFICIENCY IN PROCUREMENT.
(a) In General.--To the maximum extent practicable, United States
Government agencies performing functions at diplomatic and consular
posts abroad shall avoid duplicative acquisition actions.
(b) Authority.--Notwithstanding any other provision of law, a
contract awarded in accordance with the Competition in Contracting Act
by an agency of the United States Government performing functions at
diplomatic and consular posts abroad may be amended without competition
to permit other such United States Government agencies to obtain goods
or services under such contract, if unit prices are not increased as a
result of any such amendment.
SEC. 1214. CONCERNING THE USE OF FUNDS TO FURTHER NORMALIZE RELATIONS
WITH VIETNAM.
None of the funds authorized to be appropriated or otherwise made
available by this Act may be obligated or expended to pay for any cost
incurred for (1) opening or operating any United States diplomatic or
consular post in the Socialist Republic of Vietnam that was not
operating on July 11, 1995; (2) expanding any United States diplomatic
or consular post in the Socialist Republic of Vietnam that was
operating on July 11, 1995; or (3) increasing the total number of
personnel assigned to United States diplomatic or consular posts in the
Socialist Republic of Vietnam above the levels existing on July 11,
1995, unless not less than 60 days prior to any such obligation or
expenditure the President certifies to the Congress that based upon all
information available to the United States Government that the
Government of the Socialist Republic of Vietnam is fully cooperating
with the United States in the following 4 areas:
(A) Resolving discrepancy cases, live sightings, and field
activities.
(B) Recovering and repatriating American remains.
(C) Accelerating efforts to provide documents that will help
lead to fullest possible accounting of POW/MIA's.
(D) Providing further assistance in implementing trilateral
investigations with Laos.
SEC. 1215. DIPLOMATIC TELECOMMUNICATIONS SERVICE.
Section 507 of the Department of State and Related Agencies
Appropriations Act, 1995 (Public Law 103-317) is amended in subsections
(a) and (b) by striking ``and each succeeding fiscal year'' each place
it appears.
CHAPTER 2--CONSULAR AUTHORITIES OF THE DEPARTMENT OF STATE
SEC. 1231. FEES FOR MACHINE READABLE VISAS.
Section 140(a) of the Foreign Relations Authorization Act, Fiscal
Years 1994 and 1995 (Public Law 103-236) is amended--
(1) by striking paragraphs (2) and (3) and inserting the
following:
``(2) For fiscal years 1996 and 1997, not more th
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an
$150,000,000 in fees collected under the authority of paragraph (1)
for each fiscal year shall be deposited as an offsetting collection
to any Department of State appropriation to recover the costs of
the Department of State's border security program, including the
costs of--
``(A) installation and operation of the machine readable
visa and automated name-check process;
``(B) improving the quality and security of the United
States passport;
``(C) passport and visa fraud investigations; and
``(D) the technological infrastructure to support and
operate the programs referred to in subparagraphs (A) through
(C).
Such fees shall remain available for obligation until expended.
``(3) For any fiscal year, fees collected under the authority
of paragraph (1) in excess of the amount specified for such fiscal
year under paragraph (2) shall be deposited in the general fund of
the Treasury as miscellaneous receipts.''; and
(2) by striking paragraph (5).
SEC. 1232. FINGERPRINT CHECK REQUIREMENT.
Section 140(e)(1) of the Foreign Relations Authorization Act,
Fiscal Years 1994 and 1995 (Public Law 103-236; 8 U.S.C. 1182 note) as
amended by section 505 of the Department of State and Related Agencies
Appropriations Act, Fiscal Year 1995 (Public Law 103-317) is amended to
read as follows:
``(1) The Secretary of State shall in the 10 countries with the
highest volume of immigrant visa issuance for the most recent
fiscal year for which data are available require applicants for
immigrant visas to provide a fingerprint record for submission with
the application, at no cost to the Department of State, if such an
applicant--
``(A) has been determined to have a criminal history record
under subsection (d)(1);
``(B) has been physically present in the United States; and
``(C) is more than 16 years of age.
The Department of State shall submit such fingerprint records to
the Federal Bureau of Investigation for analysis to determine
whether the applicant has been convicted of a felony under State or
Federal law in the United States.''.
SEC. 1233. USE OF CERTAIN PASSPORT PROCESSING FEES FOR ENHANCED
PASSPORT SERVICES.
For each of the fiscal years 1996 and 1997, of the fees collected
for expedited passport processing and deposited to an offsetting
collection pursuant to the Department of State and Related Agencies
Appropriations Act for Fiscal Year 1995 (Public Law 103-317; 22 U.S.C.
214), 10 percent shall be available only for enhancing passport
services for United States citizens, improving the integrity and
efficiency of the passport issuance process, improving the secure
nature of the United States passport, investigating passport fraud, and
preventing entry into the United States by terrorists, drug
traffickers, or other criminals.
SEC. 1234. CONSULAR OFFICERS.
(a) Persons Authorized To Issue Reports of Births Abroad.--Section
33 of the State Department Basic Authorities Act of 1956 (22 U.S.C.
2705) is amended in paragraph (2) by adding at the end the following:
``For purposes of this paragraph, a consular officer shall include any
United States citizen employee of the Department of State designated by
the Secretary of State to adjudicate nationality abroad pursuant to
such regulations as the Secretary may prescribe.''.
(b) Provisions Applicable to Consular Officers.--Section 31 of the
Act of August 18, 1856 (Rev. Stat. 1689; 22 U.S.C. 4191), is amended by
inserting after ``such officers'' the following: ``and to such other
United States citizen employees of the Department of State as may be
designated by the Secretary of State pursuant to such regulations as
the Secretary may prescribe''.
(c) Persons Authorized To Authenticate Foreign Documents.--Section
3492(c) of title 18 of the United States Code is amended by adding at
the end the following: ``For purposes of this section and sections 3493
through 3496 of this title, a consular officer shall include any United
States citizen employee of the Department of State designated to
perform notarial functions pursuant to section 24 of the Act of August
18, 1856 (Rev. Stat. 1750; 22 U.S.C. 4221).''.
(d) Persons Authorized To Administer Oaths.--Section 115 of title
35 of the United States Code is amended by adding at the end the
following: ``For purposes of this section, a consular officer shall
include any United States citizen employee of the Department of State
designated to perform notarial functions pursuant to section 24 of the
Act of August 18, 1856 (Rev. Stat. 1750; 22 U.S.C. 4221).''.
(e) Definition of Consular Officer.--Section 101(a)(9) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(9)) is amended by
adding at the end the following new sentence: ``As used in title III,
the term ``consular officer'' includes any United States citizen
employee of the Department of State designated by the Secretary of
State to adjudicate nationality abroad pursuant to such regulations as
the Secretary may prescribe.''.
SEC. 1235. FEE FOR DIVERSITY IMMIGRANT LOTTERY.
The Secretary of State may establish a fee to be paid by each alien
who applies for an immigrant visa on the basis of an approved petition
filed under section 204(a)(1)(G) of the Immigration and Nationality
Act. Such fee may be set at a level so as to recover the full cost to
the Department of State of administering subsection (c) of section 203
of the Immigration and Nationality Act, including the cost of
processing all petitions thereunder. All such fees collected shall be
deposited as an offsetting collection to any Department of State
appropriation and shall remain available for obligation until expended.
The provisions of the Act of August 18, 1856 (Rev. Stat. 1726-28; 22
U.S.C. 4212-14), concerning accounting for consular fees, shall not
apply to fees collected pursuant to this section. Amounts deposited
shall be available for obligation and expenditure only in such amounts
as are provided in advance in appropriation Acts.
SEC. 1236. FEE FOR EXECUTION OF PASSPORT APPLICATIONS.
Section 1 of the Act of June 4, 1920 (41 Stat. 750; 22 U.S.C. 214)
is amended by--
(1) inserting before the period at the end of the first
sentence the following: ``; except that the Secretary of State may
by regulation authorize State officials or the United States Postal
Service to collect and retain the execution fee for each
application for a passport accepted by such officials or by that
Service''; and
(2) striking the second sentence.
SEC. 1237. EXCLUSION FROM THE UNITED STATES FOR MEMBERSHIP IN A
TERRORIST ORGANIZATION.
Section 212(a)(3)(B) of the Immigration and Nationality Act (8
U.S.C. 1182(a)(3)(B)) is amended--
(1) by striking ``or'' at the end of clause (i)(I);
(2) by inserting ``or'' at the end of clause (i)(II);
(3) by inserting after clause (i)(II) the following new
subclause:
``(III) is a member of a terrorist organization or
who actively supports or advocates terrorist
activity,''; and
(4) by adding at the end the following new clause:
``(iv) Terrorist organization defined.--As used in this
subparagraph, the term `terrorist organization' means an
organization that engages in, or has engaged in, terrorist
activity as determined by the Attorney General, in
consultation with the Secretary of State.''.
SEC. 1238. TERRORIST LOOKOUT COMMITTEES.
(a) Establishment.--
(1) Not later than 30 days after the date of enactment of this
Act, the Secretary of State shall establish within each United
States Embassy a Terrorist Lookout Committee, which shall include
the head of the political section and senior representatives of all
United States law enforcement agencies an
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d all elements of the
intelligence community under the authority of the chief of mission.
(2) Each Committee shall be chaired by the respective deputy
chief of mission, with the head of the consular section as vice
chair.
(b) Meetings.--Each Terrorist Lookout Committee established under
subsection (a) shall meet at least monthly and shall maintain records
of its meetings. Upon the completion of each meeting, each Committee
shall report to the Department of State all names submitted for
inclusion in the visa lookout system.
(c) Reports.--
(1) The Secretary of State shall submit a report to the
appropriate congressional committees within 90 days after the date
of the enactment of this Act on the status of establishing
Terrorist Lookout Committees under this section and evaluating
interagency cooperation in the process.
(2) Not later than April 1, 1997, the Secretary of State shall
submit a follow-up report to the appropriate congressional
committees detailing progress on submitting names for inclusion in
the visa lookout system and evaluating cooperation among agencies
and embassy sections in maintaining lists of such names.
SEC. 1239. INCITEMENT AS A BASIS FOR EXCLUSION FROM THE UNITED STATES.
(a) In General.--Section 212(a)(3)(B) of the Immigration and
Nationality Act (8 U.S.C. 1182(a)(3)(B)), as amended by this Act, is
further amended--
(1) by striking ``or'' at the end of clause (i)(II);
(2) in clause (i)(III) by inserting ``or'' at the end; and
(3) by inserting after clause (i)(III) the following new
subclause:
``(IV) has, under circumstances indicating an
intention to cause death or serious bodily harm,
incited terrorism, engaged in targeted racial
vilification, or advocated the overthrow of the United
States Government or death or serious bodily harm to
any United States citizen or United States Government
official,''.
(b) Effective Date.--The amendments made by subsection (a) shall
apply to aliens seeking to enter the United States on or after the date
of enactment of this Act.
CHAPTER 3--REFUGEES AND MIGRATION
SEC. 1251. REPORT TO CONGRESS CONCERNING CUBAN EMIGRATION POLICIES.
Beginning 3 months after the date of the enactment of this Act and
every subsequent 6 months, the President shall submit a report to the
appropriate congressional committees concerning the methods employed by
the Government of Cuba to enforce the United States-Cuba agreement of
September 1994 to restrict the emigration of the Cuban people from Cuba
to the United States, and the treatment by the Government of Cuba of
persons who have been returned to Cuba pursuant to the United States-
Cuba agreement of May 1995. Each report transmitted pursuant to this
section shall include a detailed account of United States efforts to
monitor such enforcement and treatment.
SEC. 1252. EXTENSION OF CERTAIN ADJUDICATION PROVISIONS.
The Foreign Operations, Export Financing, and Related Programs
Appropriations Act, 1990 (Public Law 101-167) is amended--
(1) in section 599D (8 U.S.C. 1157 note)--
(A) in subsection (b)(3), by striking ``and 1996'' and
inserting ``1996, and 1997''; and
(B) in subsection (e), by striking out ``October 1, 1996''
each place it appears and inserting ``October 1, 1997''; and
(2) in section 599E (8 U.S.C. 1255 note) in subsection (b)(2),
by striking out ``September 30, 1996'' and inserting ``September
30, 1997''.
SEC. 1253. UNITED STATES POLICY REGARDING THE INVOLUNTARY RETURN OF
REFUGEES.
(a) In General.--No funds authorized to be appropriated by section
1104 of this Act or by section 2(c) of the Migration and Refugee
Assistance Act of 1962 (22 U.S.C. 2601(c)) shall be available to effect
the involuntary return of any person to a country in which the person
has a well founded fear of persecution on account of race, religion,
nationality, membership in a particular social group, or political
opinion.
(b) Involuntary Return Defined.--As used in this section, the term
``effect the involuntary return'' means to take action by which it is
reasonably foreseeable that a person will be required to return to a
country against the person's will, regardless of whether such return is
induced by physical force and regardless of whether the person is
physically present in the United States.
SEC. 1254. REPORT ON IRAQI REFUGEES.
(a) Requirement.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of State shall submit to the
appropriate congressional committees a report describing in detail the
procedures for determining eligibility for resettlement of Iraqi
nationals from Saudi Arabia and Turkey to the United States.
(b) Report.--The report under subsection (a) shall include the
following:
(1) The history of the United States resettlement program for
Iraqi refugees, including the number of such refugees resettled in
the United States and in other countries during each year since
fiscal year 1991, as well as activities of the United States
Government, other governments, and international organizations with
respect to temporary protection for Iraqi refugees in Saudi Arabia,
Turkey, and other countries.
(2) An evaluation and explanation of the continuing need for
the program, including an evaluation of the prospects for future
resettlement of Iraqi refugees in countries other than the United
States and the impact of United States activities on resettlement
commitments by such countries and on the actions of countries
providing temporary protection.
(3) A detailed analysis of the basis for claims of persecution
of Iraqi refugees approved for resettlement in the United States.
(4) A detailed description and evaluation of procedures
employed by United States personnel to ensure the denial of
fraudulent applications and the application of all grounds of
exclusion provided by United States law.
(5) A detailed description of the acculturation program for
Iraqi refugees selected for admission to the United States, with
particular reference to any differences between this program and
similar programs for other refugees, and an evaluation of the
continuing need for such program and for improvements therein.
SEC. 1255. PERSECUTION FOR RESISTANCE TO COERCIVE POPULATION CONTROL
METHODS.
Section 101(a)(42) of the Immigration and Nationality Act (8 U.S.C.
1101(a)(42)) is amended by adding at the end the following: ``For
purposes of determinations under this Act, a person who has been forced
to abort a pregnancy or to undergo involuntary sterilization, or who
has been persecuted for failure or refusal to undergo such a procedure
or for other resistance to a coercive population control program, shall
be deemed to have been persecuted on account of political opinion, and
a person who has a well founded fear that he or she will be forced to
undergo such a procedure or subjected to persecution for such failure,
refusal, or resistance shall be deemed to have a well founded fear of
persecution on account of political opinion.''.
SEC. 1256. UNITED STATES POLICY WITH RESPECT TO THE INVOLUNTARY RETURN
OF PERSONS IN DANGER OF SUBJECTION TO TORTURE.
(a) In General.--No funds authorized to be appropriated by this
Act, or by section 2(c) of the Migration and Refugee Assistance Act of
1962 (22 U.S.C. 2601(c)), shall be available to expel, extradite, or
otherwise effect the involuntary return of any person to a country in
which there are substantial grounds for believing the person would be
in danger of being subjected to torture.
(b) Definitions.--
(1) In general.--Except as otherwise provided, terms used in
this section have the meanings assigned und
2000
er the United Nations
Convention Against Torture and Other Cruel, Inhuman or Degrading
Treatment or Punishment, subject to any reservations,
understandings, declarations and provisos contained in the United
States resolution of advice and consent to ratification to such
Convention.
(2) Involuntary return.--As used in this section, the term
``effect the involuntary return'' means to take action by which it
is reasonably foreseeable that a person will be required to return
to a country against the person's will, regardless of whether such
return is induced by physical force and regardless of whether the
person is physically present in the United States.
TITLE XIII--ORGANIZATION OF THE DEPARTMENT OF STATE; DEPARTMENT OF
STATE PERSONNEL; THE FOREIGN SERVICE
CHAPTER 1--ORGANIZATION OF THE DEPARTMENT OF STATE
SEC. 1301. COORDINATOR FOR COUNTERTERRORISM.
(a) Establishment.--Section 1(f) of the State Department Basic
Authorities Act of 1956 (22 U.S.C. 2651a(f)) (as amended by section 213
of this Act) is amended--
(1) by striking ``In'' and inserting the following:
``(1) In''; and
(2) by inserting at the end the following:
``(2) Coordinator for counterterrorism.--
``(A) There shall be within the office of the Secretary of
State a Coordinator for Counterterrorism (hereafter in this
paragraph referred to as the `Coordinator') who shall be
appointed by the President, by and with the advice and consent
of the Senate.
``(B)(i) The Coordinator shall perform such duties and
exercise such power as the Secretary of State shall prescribe.
``(ii) The principal duty of the Coordinator shall be the
overall supervision (including policy oversight of resources)
of international counterterrorism activities. The Coordinator
shall be the principal advisor to the Secretary of State on
international counterterrorism matters. The Coordinator shall
be the principal counterterrorism official within the senior
management of the Department of State and shall report directly
to the Secretary of State.
``(C) The Coordinator shall have the rank and status of
Ambassador-at-Large. The Coordinator shall be compensated at
the annual rate of basic pay in effect for a position at level
IV of the Executive Schedule under section 5314 of title 5,
United States Code, or, if the Coordinator is appointed from
the Foreign Service, the annual rate of pay which the
individual last received under the Foreign Service Schedule,
whichever is greater.''.
(b) Technical and Conforming Amendments.--Section 161 of the
Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 (Public
Law 103-236) is amended by striking subsection (e).
(c) Transition Provision.--The individual serving as Coordinator
for Counterterrorism of the Department of State on the day before the
effective date of this division may continue to serve in that position.
SEC. 1302. AUTHORITY OF UNITED STATES PERMANENT REPRESENTATIVE TO THE
UNITED NATIONS.
Section 2(a) of the United Nations Participation Act of 1945 (22
U.S.C. 287(a)) is amended by striking ``hold office at the pleasure of
the President'' and inserting ``serve at the pleasure of the President
and subject to the direction of the Secretary of State''.
SEC. 1303. SPECIAL ENVOY FOR TIBET.
(a) United States Special Envoy for Tibet.--The President should
appoint within the Department of State a United States Special Envoy
for Tibet, who shall hold office at the pleasure of the President.
(b) Rank.--A United States Special Envoy for Tibet appointed under
subsection (a) shall have the personal rank of ambassador and shall be
appointed by and with the advice and consent of the Senate.
(c) Special Functions.--The United States Special Envoy for Tibet
should be authorized and encouraged--
(1) to promote substantive negotiations between the Dalai Lama
or his representatives and senior members of the Government of the
People's Republic of China;
(2) to promote good relations between the Dalai Lama and his
representatives and the United States Government, including meeting
with members or representatives of the Tibetan government-in-exile;
and
(3) to travel regularly throughout Tibet and Tibetan refugee
settlements.
(d) Duties and Responsibilities.--The United States Special Envoy
for Tibet should--
(1) consult with the Congress on policies relevant to Tibet and
the future and welfare of all Tibetan people;
(2) coordinate United States Government policies, programs, and
projects concerning Tibet; and
(3) report to the Secretary of State regarding the matters
described in section 536(a)(2) of the Foreign Relations
Authorization Act, Fiscal Years 1994 and 1995 (Public Law 103-236).
SEC. 1304. RESPONSIBILITIES OF BUREAU CHARGED WITH MIGRATION AND
REFUGEE ASSISTANCE.
The Bureau of Migration and Refugee Assistance shall be the bureau
within the Department of State with principal responsibility for
assisting the Secretary in carrying out the Migration and Refugee
Assistance Act of 1962 and shall not be charged with responsibility for
assisting the Secretary in matters relating to family planning or
population policy.
SEC. 1305. ELIMINATION OF STATUTORY ESTABLISHMENT OF CERTAIN POSITIONS
OF THE DEPARTMENT OF STATE.
(a) Assistant Secretary of State for South Asian Affairs.--Section
122 of the Foreign Relations Authorization Act, Fiscal Years 1992 and
1993 (22 U.S.C. 2652b) is repealed.
(b) Deputy Assistant Secretary of State for Burdensharing.--Section
161 of the Foreign Relations Authorization Act, Fiscal Years 1994 and
1995 (22 U.S.C. 2651a note) is amended by striking subsection (f).
(c) Assistant Secretary for Oceans and International Environmental
and Scientific Affairs.--Section 9 of the Department of State
Appropriations Authorization Act of 1973 (22 U.S.C. 2655a) is repealed.
SEC. 1306. MANAGEMENT OF THE HUMAN RESOURCES OF THE DEPARTMENT OF
STATE.
(a) Position.--Either the head or next most senior person of the
bureau or office within the Department of State with principal
responsibility for management of human resources and personnel policies
of the Department shall have substantial professional qualifications in
the field of human resource policy and management.
(b) Definition.--For purposes of this section, the term
``substantial professional qualifications in the field of human
resources policy and management'' means in excess of 15 years
experience as a human resources management professional of which at
least 5 years shall have been gained in the private sector or in
government service outside the Foreign Service.
CHAPTER 2--PERSONNEL OF THE DEPARTMENT OF STATE; THE FOREIGN SERVICE
SEC. 1351. AUTHORIZED STRENGTH OF THE FOREIGN SERVICE.
(a) End Fiscal Year 1996 Levels.--The number of members of the
Foreign Service authorized to be employed as of September 30, 1996--
(1) for the Department of State, shall not exceed 9,000, of
whom not more than 660 shall be members of the Senior Foreign
Service;
(2) for the United States Information Agency, shall not exceed
1,150, of whom not more than 160 shall be members of the Senior
Foreign Service; and
(3) for the Agency for International Development, not to exceed
1,800, of whom not more than 225 shall be members of the Senior
Foreign Service.
(b) End Fiscal Year 1997 Levels.--The number of members of the
Foreign Service authorized to be employed as of September 30, 1997--
(1) for the Department of State, shall not exceed 8,800, of
whom not more than 660 shall be members of the Senior Foreign
Service;
(2) for the United States Information Agen
2000
cy, not to exceed
1,100 of whom not more than 160 shall be members of the Senior
Foreign Service; and
(3) for the Agency for International Development, not to exceed
1,775 of whom not more than 225 shall be members of the Senior
Foreign Service.
(c) Definition.--For the purposes of this section, the term
``members of the Foreign Service'' is used within the meaning of such
term under section 103 of the Foreign Service Act of 1980 (22 U.S.C
3903), except that such term does not include--
(1) members of the Service under paragraphs (6) and (7) of such
section;
(2) members of the Service serving under temporary resident
appointments abroad;
(3) members of the Service employed on less than a full-time
basis;
(4) members of the Service subject to involuntary separation in
cases in which such separation has been suspended pursuant to
section 1106(8) of the Foreign Service Act of 1980; and
(5) members of the Service serving under non-career limited
appointments.
(d) Waiver Authority.--(1) Subject to paragraph (2), the President
may waive any limitation under subsection (a) or (b) to the extent that
such waiver is necessary to carry on the foreign affairs functions of
the United States.
(2) Not less than 15 days before the President exercises a waiver
under paragraph (1), such agency head shall notify the Chairman of the
Committee on Foreign Relations of the Senate and the Chairman of the
Committee on International Relations of the House of Representatives of
the President's intention to exercise the waiver authority. Such notice
shall include an explanation of the circumstances and necessity for
such waiver.
SEC. 1352. RESTRICTION ON LOBBYING ACTIVITIES OF FORMER UNITED STATES
CHIEFS OF MISSION.
Section 207(d)(1) of title 18, United States Code, is amended--
(1) by striking ``or'' at the end of subparagraph (B);
(2) in subparagraph (C), by inserting ``or'' after ``title
3,''; and
(3) by inserting after subparagraph (C) the following new
subparagraph:
``(D) serves in the position of chief of mission (as
defined in section 102(3) of the Foreign Service Act of
1980),''.
SEC. 1353. LIMITATIONS ON MANAGEMENT ASSIGNMENTS.
Section 1017(e)(2) of the Foreign Service Act of 1980 (22 U.S.C.
4117(e)(2)) is amended to read as follows:
``(2) For the purposes of paragraph (1)(A)(ii) and paragraph
(1)(B), the term `management official' does not include chiefs of
mission, principal officers or their deputies, administrative and
personnel officers abroad, or individuals described in section 1002(12)
(B), (C), and (D) who are not involved in the administration of this
chapter or in the formulation of the personnel policies and programs of
the Department.''.
SEC. 1354. NONOVERTIME DIFFERENTIAL PAY.
Title 5 of the United States Code is amended--
(1) in section 5544(a), by inserting after the fourth sentence
the following new sentence: ``For employees serving outside the
United States in areas where Sunday is a routine workday and
another day of the week is officially recognized as the day of rest
and worship, the Secretary of State may designate the officially
recognized day of rest and worship as the day with respect to which
additional pay is authorized by the preceding sentence.''; and
(2) at the end of section 5546(a), by adding the following new
sentence: ``For employees serving outside the United States in
areas where Sunday is a routine workday and another day of the week
is officially recognized as the day of rest and worship, the
Secretary of State may designate the officially recognized day of
rest and worship as the day with respect to which additional pay is
authorized by the preceding sentence.''.
SEC. 1355. RECOVERY OF COSTS OF HEALTH CARE SERVICES.
(a) Authorities.--Section 904 of the Foreign Service Act of 1980
(22 U.S.C. 4084) is amended--
(1) in subsection (a)--
(A) by striking ``and'' before ``members of the families of
such members and employees''; and
(B) by inserting immediately before the period ``, and for
care provided abroad) such other persons as are designated by
the Secretary of State, except that such persons shall be
considered persons other than covered beneficiaries for
purposes of subsections (g) and (h)'';
(2) in subsection (d), by inserting ``, subject to the
provisions of subsections (g) and (h)'' after ``treatment''; and
(3) by adding the following new subsections:
``(g)(1) In the case of a person who is a covered beneficiary, the
Secretary of State is authorized to collect from a third-party payer
the reasonable costs incurred by the Department of State on behalf of
such person for health care services to the same extent that the
covered beneficiary would be eligible to receive reimbursement or
indemnification from the third-party payer for such costs.
``(2) If the insurance policy, plan, contract, or similar agreement
of that third-party payer includes a requirement for a deductible or
copayment by the beneficiary of the plan, then the Secretary of State
may collect from the third-party payer only the reasonable costs of the
care provided less the deductible or copayment amount.
``(3) A covered beneficiary shall not be required to pay any
deductible or copayment for health care services under this subsection.
``(4) No provision of any insurance, medical service, or health
plan contract or agreement having the effect of excluding from coverage
or limiting payment of charges for care in the following circumstances
shall operate to prevent collection by the Secretary of State under
paragraph (1) for--
``(A) care provided directly or indirectly by a governmental
entity;
``(B) care provided to an individual who has not paid a
required deductible or copayment; or
``(C) care provided by a provider with which the third-party
payer has no participation agreement.
``(5) No law of any State, or of any political subdivision of a
State, and no provision of any contract or agreement shall operate to
prevent or hinder recovery or collection by the United States under
this section.
``(6) As to the authority provided in paragraph (1) of this
subsection--
``(A) the United States shall be subrogated to any right or
claim that the covered beneficiary may have against a third-party
payer;
``(B) the United States may institute and prosecute legal
proceedings against a third-party payer to enforce a right of the
United States under this subsection; and
``(C) the Secretary may compromise, settle, or waive a claim of
the United States under this subsection.
``(7) The Secretary shall prescribe regulations for the
administration of this subsection and subsection (h). Such regulations
shall provide for computation of the reasonable cost of health care
services.
``(8) Regulations prescribed under this subsection shall provide
that medical records of a covered beneficiary receiving health care
under this subsection shall be made available for inspection and review
by representatives of the payer from which collection by the United
States is sought for the sole purpose of permitting the third party to
verify--
``(A) that the care or services for which recovery or
collection is sought were furnished to the covered beneficiary; and
``(B) that the provisions of such care or services to the
covered beneficiary meets criteria generally applicable under the
health plan contract involved, except that this paragraph shall be
subject to the provisions of paragraphs (2) and (4).
``(9) Amounts collected under this subsection or under subsection
(h) from a third-party payer or from any other payer shall be deposited
as an offsetting collection to any Department of State appropria
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tion
and shall remain available until expended. Amounts deposited shall be
obligated and expended only to the extent and in such amounts as are
provided in advance in an appropriation Act.
``(10) For purposes of this section--
``(A) the term `covered beneficiary' means an individual
eligible to receive health care under this section whose health
care costs are to be paid by a third-party payer under a
contractual agreement with such payer;
``(B) the term `services', as used in `health care services'
includes products; and
``(C) the term `third-party payer' means an entity that
provides a fee-for-service insurance policy, contract, or similar
agreement through the Federal Employees Health Benefit program,
under which the expenses of health care services for individuals
are paid.
``(h) In the case of a person, other than a covered beneficiary,
who receives health care services pursuant to this section, the
Secretary of State is authorized to collect from such person the
reasonable costs of health care services incurred by the Department of
State on behalf of such person. The United States shall have the same
rights against persons subject to the provisions of this subsection as
against third-party payers covered by subsection (g).''.
(b) Effective Date.--Subsection (a) shall take effect October 1,
1996.
SEC. 1356. REPORT ON PROMOTION AND RETENTION OF PERSONNEL.
Section 601(c)(4) of the Foreign Service Act of 1980 (22 U.S.C.
4001(c)(4)) is amended--
(1) by striking ``and'' at the end of subparagraph (B);
(2) by striking the period at the end of subparagraph (C) and
inserting ``; and''; and
(3) by adding at the end the following new subparagraph:
``(D) include on a biennual basis the comments of the Inspector
General for Foreign Affairs with respect to the adequacy of the
reports on the matters described in this paragraph.''.
SEC. 1357. FOREIGN SERVICE REFORM.
(a) Appointments by the President.--Section 302(b) of the Foreign
Service Act of 1980 (22 U.S.C. 3942(b)) is amended in the second
sentence--
(1) by striking ``may elect to'' and inserting ``shall''; and
(2) by striking ``Service,'' and all that follows and inserting
``Service.''.
(b) Performance Pay.--Section 405 of the Foreign Service Act of
1980 (22 U.S.C. 3965) is amended--
(1) in subsection (a), by striking ``Members'' and inserting
``Subject to subsection (e), members''; and
(2) by adding at the end the following new subsection:
``(e) Notwithstanding any other provision of law, the Secretary of
State may provide for recognition of the meritorious or distinguished
service of a member of the Foreign Service described in subsection (a)
(including members of the Senior Foreign Service) by means other than
an award of performance pay in lieu of making such an award under this
section.''.
(c) Expedited Separation Out.--Not later than 90 days after the
date of enactment of this Act, the Secretary of State shall develop and
implement procedures to identify, and recommend for separation, members
of the Foreign Service ranked by promotion boards in the bottom five
percent of their class for any two of the five preceding years.
TITLE XIV--UNITED STATES PUBLIC DIPLOMACY: AUTHORITIES AND ACTIVITIES
FOR UNITED STATES INFORMATIONAL, EDUCATIONAL, AND CULTURAL PROGRAMS
SEC. 1401. AVAILABILITY OF VOICE OF AMERICA AND RADIO MARTI
MULTILINGUAL COMPUTER READABLE TEXT AND VOICE RECORDINGS.
(a) In General.--Notwithstanding section 208 of the Foreign
Relations Authorization Act, Fiscal Years 1986 and 1987 (22 U.S.C.
1461-1a) and the second sentence of section 501 of the United States
Information and Educational Exchange Act of 1948 (22 U.S.C. 1461), the
Director of the United States Information Agency is authorized to make
available, upon request, to the Linguistic Data Consortium of the
University of Pennsylvania computer readable multilingual text and
recorded speech in various languages. The Consortium shall, directly or
indirectly as appropriate, reimburse the Director for any expenses
involved in making such materials available.
(b) Termination.--Subsection (a) shall cease to have effect 5 years
after the date of the enactment of this Act.
SEC. 1402. CENTER FOR CULTURAL AND TECHNICAL INTERCHANGE BETWEEN NORTH
AND SOUTH.
Section 208(e) of the Foreign Relations Authorization Act, Fiscal
Years 1992 and 1993 (22 U.S.C. 2075(e)) is amended by striking
``$10,000,000'' and inserting ``$4,000,000''.
SEC. 1403. EXPANSION OF MUSKIE FELLOWSHIP PROGRAM.
Section 227 of the Foreign Relations Authorization Act, Fiscal
Years 1992 and 1993 (22 U.S.C. 2452 note) is amended--
(1) in subsection (a), by striking ``Soviet Union, Lithuania,
Latvia, and Estonia'' and inserting ``former Soviet Union,
Lithuania, Latvia, Estonia, Albania, Bulgaria, Croatia, Czech
Republic, Hungary, Poland, Romania, Slovenia, and the Former
Yugoslav Republic of Macedonia'';
(2) in subsection (c)(5), by striking ``law,'' in the first
sentence and all that follows through the end of paragraph (5) and
inserting ``journalism, law, library and information science,
public administration, and public policy.'';
(3) in subsection (b), by striking ``Soviet Union, Lithuania,
Latvia, and Estonia'' and inserting ``countries specified in
subsection (a)'';
(4) in subsection (c)(11), by striking ``Soviet republics,
Lithuania, Latvia, and Estonia'' and inserting ``countries
specified in subsection (a)''; and
(5) in the section heading, by striking ``THE SOVIET UNION,
LITHUANIA, LATVIA, AND ESTONIA'' and inserting ``CERTAIN EURASIAN
COUNTRIES''.
SEC. 1404. MANSFIELD FELLOWSHIP PROGRAM REQUIREMENTS.
Section 253(4)(B) of the Foreign Relations Authorization Act,
Fiscal Years 1994 and 1995 (22 U.S.C. 6102(4)(B)) is amended by
striking ``certain'' and inserting the following: ``, under criteria
established by the Mansfield Center for Pacific Affairs, certain
allowances and benefits not to exceed the amount of equivalent''.
SEC. 1405. PILOT PROGRAM ON ADVERTISING ON USIA TELEVISION AND RADIO
BROADCASTS.
(a) In General.--(1) The Director of the United States Information
Agency shall carry out a pilot program to determine the feasibility and
advisability of permitting advertisements on the television broadcasts
and radio broadcasts of the USIA, including broadcasts of the Voice of
America, Radio Marti/TV Marti, Worldnet, Radio Free Europe/Radio
Liberty, and Radio Free Asia.
(2) The Director shall commence carrying out the pilot program not
later than 90 days after the date of the transmittal to Congress of the
plan required under subsection (b).
(3) The Director shall carry out the pilot program for 12 months.
(b) Program Plan.--(1) Not later than 120 days after the date of
the enactment of this Act, the Director shall prepare and transmit to
Congress a plan for carrying out the pilot program required under
subsection (a).
(2) In preparing the plan, the Director shall solicit and take into
account the comments of other broadcasting entities funded by the
United States Government on the experiences of and advantages and
disadvantages to public television and radio broadcast stations of
permitting advertisements on the broadcasts of such stations.
(c) Treatment of Revenues.--Notwithstanding any other provision of
law, the Director may use any revenues received by the USIA under the
pilot program to pay for the cost of the radio and television
broadcasting activities of the USIA. Such funds shall be available for
that purpose without fiscal year limitation.
(d) Program Report.--Not later than 60 days after the date of the
completion of the pilot program, the Director shall submit to Congress
a report on the pilot program. The report shall include the following:
(1) A description of the pilot program, includin
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g the number
and type of advertisements aired under the pilot program and the
revenues received as a result of the advertisements.
(2) An estimate of the number and type of advertisements that
would be carried on the television broadcasts and radio broadcasts
of the USIA on an annual basis after the completion of the pilot
program if the USIA were authorized to continue to carry such
advertisements, and the revenues that the USIA would receive as a
result of carrying such advertisements.
(3) An assessment of the feasibility and advisability of
permitting advertisements on the television broadcasts and radio
broadcasts of the USIA, including a discussion of the advisability
of permitting such advertisements by--
(A) United States entities;
(B) foreign governments;
(C) foreign individuals or entities; and
(D) a combination of such entities, governments, and
individuals.
(e) Regulations.--The Director may prescribe regulations to carry
out the pilot program.
SEC. 1406. CHANGES IN ADMINISTRATIVE AUTHORITIES.
(a) Contract Authority for Voice of America Radio Facility.--
Section 235 of the Foreign Relations Authorization Act, Fiscal Years
1990 and 1991 (Public Law 101-246) is amended by inserting ``Tinian,''
after ``Sao Tome,''.
(b) Availability of Appropriations.--Section 701(f)(4) of the
United States Information and Educational Exchange Act of 1948 (22
U.S.C. 1476(f)) is amended by striking ``September 30, 1995'' and
inserting ``March 1, 1997''.
(c) Technical Correction.--Section 314(2)(B) of the Foreign
Relations Authorization Act, Fiscal Years 1994 and 1995 (22 U.S.C.
6213(2)(B)) is amended by striking ``section 307(e)'' and inserting
``section 308(d)''.
(d) Radio Broadcasting to Cuba.--Section 4 of the Radio
Broadcasting to Cuba Act (22 U.S.C. 1465b) is amended by striking
``Director of the Voice of America'' and inserting ``Director of the
International Broadcasting Bureau''.
(e) Television Broadcasting to Cuba.--Section 244(a) of the
Television Broadcasting to Cuba Act (22 U.S.C. 1465cc(a)) is amended in
the third sentence by striking ``Voice of America'' and inserting
``International Broadcasting Bureau''.
(f) International Broadcasting Bureau.--Section 307 of the Foreign
Relations Authorization Act, Fiscal Years 1994 and 1995 (Public Law
103-236) is amended by adding at the end the following new subsection:
``(c) Consolidation of Engineering Function.--For the purpose of
achieving economies and eliminating duplication, the Director of the
United States Information Agency is authorized to appoint, during 1996,
up to 5 otherwise qualified United States citizens employed in the
Office of the Vice President for Engineering and Technical Operations
of RFE/RL, Incorporated, to the competitive service or the career
Foreign Service of the United States Information Agency in accordance
with the provisions of title 5 of the United States Code, and without
regard to section 301(b) or 306 of the Foreign Service Act of 1980,
governing appointments in the Foreign Service. Prior service with RFE/
RL, Incorporated, by an individual appointed under this subsection
shall be credited in determining the length of service of the
individual for reduction in force purposes and toward establishing the
career tenure of the individual.''.
(g) Use of Fees From Educational Advising.--Section 810 of the
United States Information and Educational Exchange Act of 1948 (22
U.S.C. 1475e) is amended by inserting ``, educational advising,'' after
``English-teaching''.
SEC. 1407. RETENTION OF INTEREST.
Notwithstanding any other provision of law, with the approval of
the National Endowment for Democracy, grant funds made available by the
National Endowment for Democracy may be deposited in interest-bearing
accounts pending disbursement and any interest which accrues may be
retained by the grantee and used for the purposes for which the grant
was made.
SEC. 1408. CONDUCT OF CERTAIN EDUCATIONAL AND CULTURAL EXCHANGE
PROGRAMS.
In carrying out programs of educational and cultural exchange in
countries whose people do not fully enjoy freedom and democracy
(including but not limited to China, Vietnam, Cambodia, Tibet, and
Burma), the Director of the United States Information Agency shall take
appropriate steps to provide opportunities for participation in such
programs to human rights and democracy leaders of such countries.
SEC. 1409. EXTENSION OF AU PAIR PROGRAMS.
(a) Repeal.--Section 581 of the Foreign Operations, Export
Financing, and Related Programs Appropriations Act, 1996 (Public Law
104-107) is repealed.
(b) Authority for Au Pair Programs.--The Director of the United
States Information Agency is authorized to continue to administer an au
pair program, operating on a world-wide basis, through fiscal year
1999.
(c) Report.--Not later than October 1, 1998, the Director of the
United States Information Agency shall submit a report regarding the
continued extension of au pair programs to the appropriate
congressional committees. This report shall specifically detail the
compliance of all au pair organizations with regulations governing au
pair programs as published on February 15, 1995.
SEC. 1410. EDUCATIONAL AND CULTURAL EXCHANGES AND SCHOLARSHIPS FOR
TIBETANS AND BURMESE.
(a) Establishment of Educational and Cultural Exchange for
Tibetans.--The Director of the United States Information Agency shall
establish programs of educational and cultural exchange between the
United States and the people of Tibet. Such programs shall include
opportunities for training and, as the Director considers appropriate,
may include the assignment of personnel and resources abroad.
(b) Scholarships for Tibetans and Burmese.--
(1) For each of the fiscal years 1996 and 1997, at least 30
scholarships shall be made available to Tibetan students and
professionals who are outside Tibet, and at least 15 scholarships
shall be made available to Burmese students and professionals who
are outside Burma.
(2) Waiver.--Paragraph (1) shall not apply to the extent that
the Director of the United States Information Agency determines
that there are not enough qualified students to fulfill such
allocation requirement.
(3) Scholarship defined.--For the purposes of this section, the
term ``scholarship'' means an amount to be used for full or partial
support of tuition and fees to attend an educational institution,
and may include fees, books, and supplies, equipment required for
courses at an educational institution, living expenses at a United
States educational institution, and travel expenses to and from,
and within, the United States.
SEC. 1411. INITIATION OF BROADCASTS BY RADIO FREE ASIA.
Section 309 of the United States International Broadcasting Act of
1994 (22 U.S.C. 6208) is amended by adding at the end the following new
subsection:
``(j) Not later than 180 days after the date of the enactment of
the Foreign Relations Authorization Act, Fiscal Years 1996 and 1997,
Radio Free Asia shall initiate regular broadcasts to the People's
Republic of China, Burma, Cambodia, Laos, North Korea, Tibet, and
Vietnam. Such broadcasts shall be conducted under the name `Radio Free
Asia' and shall provide accurate and timely information, news, and
commentary about events in the respective countries of Asia and
elsewhere, and shall be a forum for a variety of opinions and voices
from within Asian nations whose people do not fully enjoy freedom of
expression.''.
SEC. 1412. DISTRIBUTION WITHIN THE UNITED STATES OF THE UNITED STATES
INFORMATION AGENCY FILM ENTITLED ``THE FRAGILE RING OF
LIFE''.
Notwithstanding section 208 of the Foreign Relations Authorization
Act, Fiscal Years 1986 and 1987 (22 U.S.C. 1461-1(a)) and the second
sentence of section 501 of the United States Information and Education
Ac
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t of 1948 (22 U.S.C. 1461), the Director of the United States
Information Agency may make available for distribution within the
United States the documentary entitled ``The Fragile Ring of Life'', a
film about coral reefs around the world.
TITLE XV--INTERNATIONAL ORGANIZATIONS AND COMMISSIONS
CHAPTER 1--GENERAL PROVISIONS
SEC. 1501. TERMINATION OF UNITED STATES PARTICIPATION IN CERTAIN
INTERNATIONAL ORGANIZATIONS.
(a) In General.--Subject to subsection (b) and notwithstanding any
other provision of law, none of the funds authorized to be appropriated
by this Act or any other provision of law may be used for payment of
United States membership in any of the following organizations:
(1) The United Nations Industrial Development Organization.
(2) Pan American Railway Congress Association.
(3) The International Cotton Advisory Committee.
(4) The World Tourism Organization.
(5) The Inter-American Indian Institute.
(6) International Tropical Timber Organization.
(b) Expenses Pending Termination of United States Membership.--
Notwithstanding the requirements of subsection (a), funds authorized to
be appropriated under this Act, to the extent required under any treaty
to which the United States is a party, may be used to make payments to
the organizations identified in subsection (a) during the period
beginning on the date that the United States gives notice pursuant to
such treaty of the intent to terminate United States membership in the
organization as promptly as permitted by such treaty and ending on the
date that the termination of United States membership takes effect.
SEC. 1502. INTERNATIONAL BOUNDARY AND WATER COMMISSION.
The Act of May 13, 1924 (49 Stat. 660, 22 U.S.C. 277-277f), is
amended in section 3 (22 U.S.C. 277b) by adding at the end the
following new subsection:
``(d) Pursuant to the authority of subsection (a) and in order to
facilitate further compliance with the terms of the Convention for
Equitable Distribution of the Waters of the Rio Grande, May 21, 1906,
United States-Mexico, the Secretary of State, acting through the United
States Commissioner of the International Boundary and Water Commission,
may make improvements to the Rio Grande Canalization Project,
originally authorized by the Act of August 29, 1935 (49 Stat. 961).
Such improvements may include all such works as may be needed to
stabilize the Rio Grande in the reach between the Percha Diversion Dam
in New Mexico and the American Diversion Dam in El Paso.''.
SEC. 1503. PROHIBITION ON ASSISTANCE TO INTERNATIONAL ORGANIZATIONS
ESPOUSING WORLD GOVERNMENT.
None of the funds authorized to be made available by this Act shall
be used--
(1) to pay the United States contribution to any international
organization which engages in the direct or indirect promotion of
the principle or doctrine of one world government or one world
citizenship; or
(2) for the promotion, direct or indirect, of the principle or
doctrine of one world government or one world citizenship.
SEC. 1504. INTERNATIONAL COVENANT ON CIVIL AND POLITICAL RIGHTS.
(a) Findings.--The Congress makes the following findings:
(1) On April 2, 1992, the Senate approved a resolution of
advice and consent to ratification of the International Covenant on
Civil and Political Rights, subject to reservations,
understandings, declarations, and a proviso intended, inter alia,
to protect the First Amendment rights of American citizens and
other United States constitutional rights and practices.
(2) In accordance with the action of the Senate, the President
deposited the United States instrument of ratification of the
International Covenant on Civil and Political Rights on June 8,
1992, and the Covenant entered into force for the United States on
September 8, 1992.
(3) On November 2, 1994, the Human Rights Committee,
established under the Covenant to interpret the Covenant and to
receive complaints of noncompliance, adopted General Comment No. 24
regarding reservations to the Covenant.
(4) In General Comment No. 24, the Human Rights Committee
claimed for itself the power to judge the validity under
international law of reservations to the Covenant, and in the
purported exercise of this power asserted that reservations of the
type included in the Senate resolution of ratification are invalid,
and further asserted that invalid reservations will be read out of
instruments of ratification, ``in the sense that the Covenant will
be operative for the reserving party without benefit of the
reservation''.
(5) The purpose and effect of General Comment No. 24 is to seek
to nullify as a matter of international law the reservations,
understandings, declarations, and proviso contained in the Senate
resolution of ratification, thereby purporting to impose legal
obligations on the United States never accepted by the United
States.
(6) General Comment No. 24 threatens not only the Supremacy
Clause of the United States Constitution and the constitutional
authority of the Senate with respect to the approval of treaties,
but also the First Amendment rights of American citizens and the
other United States constitutional rights and practices protected
by the reservations, understandings, declarations, and proviso
contained in the Senate resolution of ratification.
(b) Restriction on Obligation or Expenditure of Funds.--
(1) Restriction.--Effective two years after the date of
enactment of this Act, no funds authorized to be appropriated by
this Act or any other Act, or otherwise made available, may be
obligated or expended for the conduct of any activity which has the
purpose or effect of--
(A) reporting to the Human Rights Committee in accordance
with Article 40 of the International Covenant on Civil and
Political Rights, or
(B) responding to any effort by the Human Rights Committee
to use the procedures of Articles 41 and 42 of the
International Covenant on Civil and Political Rights to resolve
claims by other parties to the Covenant that the United States
is not fulfilling its obligations under the Covenant,
until the President has submitted to the Congress the certification
described in paragraph (2).
(2) Certification.--The certification referred to in paragraph
(1) is a certification by the President to the Congress that the
Human Rights Committee established under the International Covenant
on Civil and Political Rights has--
(A) revoked its General Comment No. 24 adopted on November
2, 1994; and
(B) expressly recognized the validity as a matter of
international law of the reservations, understandings, and
declarations contained in the United States instrument of
ratification of the International Covenant on Civil and
Political Rights.
SEC. 1505. UNITED STATES PARTICIPATION IN SINGLE COMMODITY
INTERNATIONAL ORGANIZATIONS.
Not later than 180 days after the date of the enactment of this
Act, the Secretary of State shall submit to the appropriate
congressional committees a report that--
(1) identifies the national interests, if any, that are served
by continuing United States participation in single-commodity
international organizations;
(2) assesses the current and projected costs of continuing
United States participation in such organizations in light of the
increasingly limited funds available to fund United States
participation in all international organizations;
(3) assesses the feasibility and desirability of the
privatization of United States representation in such
organizations; and
(4) sets forth options for achieving the privatization of the
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organizations if the Secretary determines that the privatization is
feasible and desirable.
CHAPTER 2--UNITED NATIONS AND AFFILIATED AGENCIES AND ORGANIZATIONS
SEC. 1521. REFORM IN BUDGET DECISIONMAKING PROCEDURES OF THE UNITED
NATIONS AND ITS SPECIALIZED AGENCIES.
(a) Assessed Contributions.--Of amounts authorized to be
appropriated for ``Assessed Contributions to International
Organizations'' by this Act, the President may withhold 20 percent of
the funds appropriated for the United States assessed contribution to
the United Nations or to any of its specialized agencies for any
calendar year if the United Nations or any such agency has failed to
implement or to continue to implement consensus-based decisionmaking
procedures on budgetary matters which assure that sufficient attention
is paid to the views of the United States and other member states that
are the major financial contributors to such assessed budgets.
(b) Notice to Congress.--The President shall notify the Congress
when a decision is made to withhold any share of the United States
assessed contribution to the United Nations or its specialized agencies
pursuant to subsection (a) and shall notify the Congress when the
decision is made to pay any previously withheld assessed contribution.
A notification under this subsection shall include appropriate
consultation between the President (or the President's representative)
and the Committee on International Relations of the House of
Representatives and the Committee on Foreign Relations of the Senate.
(c) Contributions for Prior Years.--Subject to the availability of
appropriations, payment of assessed contributions for prior years may
be made to the United Nations or any of its specialized agencies
notwithstanding subsection (a) if such payment would further United
States interests in that organization.
(d) Report to Congress.--Not later than February 1 of each year,
the President shall submit to the appropriate congressional committees
a report concerning the amount of United States assessed contributions
paid to the United Nations and each of its specialized agencies during
the preceding calendar year.
SEC. 1522. REPORT ON UNICEF.
Not later than December 31, 1996, the Secretary of State shall
submit to the appropriate congressional committees a report on (1) the
progress of UNICEF toward effective financial, program, and personnel
management; (2) the progress of UNICEF in shifting its health, child
survival, and maternal survival programs toward efficient and low-
overhead contractors, with particular emphasis on nongovernmental
organizations; and (3) the extent to which UNICEF has demonstrated its
commitment to its traditional mission of child health and welfare and
resisted pressure to become involved in functions performed by other
United Nations agencies.
SEC. 1523. UNITED NATIONS BUDGETARY AND MANAGEMENT REFORM.
(a) In General.--(1) The United Nations Participation Act of 1945
(22 U.S.C. 287 et seq.) is amended by adding at the end the following
new section:
``SEC. 10. UNITED NATIONS BUDGETARY AND MANAGEMENT REFORM.
``(a) Withholding of Contributions.--
``(1) Assessed contributions for regular united nations
budget.--At the beginning of each fiscal year, 20 percent of the
amount of funds made available for that fiscal year for United
States assessed contributions for the regular United Nations budget
shall be withheld from obligation and expenditure unless a
certification for that fiscal year has been made under subsection
(b).
``(2) Assessed contributions for united nations peacekeeping.--
At the beginning of each fiscal year, 50 percent of the amount of
funds made available for that fiscal year for United States
assessed contributions for United Nations peacekeeping activities
shall be withheld from obligation and expenditure unless a
certification for that fiscal year has been made under subsection
(b).
``(3) Voluntary contributions for united nations
peacekeeping.--The United States may not during any fiscal year pay
any voluntary contribution to the United Nations for international
peacekeeping activities unless a certification for that fiscal year
has been made under subsection (b).
``(b) Certification.--The certification referred to in subsection
(a) for any fiscal year is a certification by the President to the
Congress, submitted on or after the beginning of that fiscal year, of
each of the following:
``(1) The United Nations has an independent office of Inspector
General to conduct and supervise objective audits, inspections, and
investigations relating to programs and operations of the United
Nations.
``(2) The United Nations has an Inspector General who was
appointed by the Secretary General with the approval of the General
Assembly and whose appointment was made principally on the basis of
the appointee's integrity and demonstrated ability in accounting,
auditing, financial analysis, law, management analysis, public
administration, or investigation.
``(3) The Inspector General is authorized to--
``(A) make investigations and reports relating to the
administration of the programs and operations of the United
Nations;
``(B) have access to all relevant records, documents, and
other available materials relating to those programs and
operations; and
``(C) have direct and prompt access to any official of the
United Nations.
``(4) The United Nations has fully implemented, and made
available to all member states, procedures designed to protect the
identity of, and prevent reprisals against, any staff member of the
United Nations making a complaint or disclosing information to, or
cooperating in any investigation or inspection by, the United
Nations Inspector General.
``(5) The United Nations has fully implemented procedures
designed to ensure compliance with recommendations of the United
Nations Inspector General.
``(6) The United Nations has required the United Nations
Inspector General to issue an annual report and has ensured that
the annual report and all other relevant reports of the Inspector
General are made available to the General Assembly without
modification.
``(7) The United Nations is committed to providing sufficient
budgetary resources to ensure the effective operation of the United
Nations Inspector General.''.
(2) Section 10 of the United Nations Participation Act of 1945, as
added by paragraph (1), shall apply only with respect to fiscal years
after fiscal year 1996.
(b) Withholding of Contributions Related to Contracting of the
United Nations.--The United Nations Participation Act of 1945 (22
U.S.C. 287 et seq.) is further amended by adding at the end the
following new section:
``SEC. 11. WITHHOLDING OF CONTRIBUTIONS.
``(a) Withholding of Contributions Related to Timely Notice of
Contract Opportunities and Contract Awards.--
``(1) Withholding of assessed contributions for regular united
nations budget.--For fiscal year 1997 and for each subsequent
fiscal year, 3 percent of the amount of funds made available for
that fiscal year for United States assessed contributions for the
regular United Nations budget shall be withheld from obligation and
expenditure unless a certification for that fiscal year has been
made under paragraph (2).
``(2) Certification.--The certification referred to in
paragraph (1) for any fiscal year is a certification by the
President to the Congress, submitted on or after the beginning of
that fiscal year, that the United Nations has implemented a system
requiring (A) prior notification for the submission of all
qualified bid proposals on all United Nations procurement
opportunities of more than $100,000, and (B) a public announcement
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of the award of any contract of more than $100,000. To the extent
practicable, notifications shall be made in a widely available
business-related publication.
``(b) Withholding of Contributions Related to Discrimination
Against Companies Which Challenge Contract Awards.--
``(1) Withholding of assessed contributions for regular united
nations budget.--For fiscal year 1997 and for each subsequent
fiscal year, 3 percent of the amount of funds made available for
that fiscal year for United States assessed contributions for the
regular United Nations budget shall be withheld from obligation and
expenditure unless a certification for that fiscal year has been
made under paragraph (2).
``(2) Certification.--The certification referred to in
paragraph (1) for any fiscal year is a certification by the
President to the Congress, submitted on or after the beginning of
that fiscal year, that the procurement regulations of the United
Nations prohibit punitive actions such as the suspension of
contract eligibility for contractors who challenge contract awards
or complain about delayed payments.
``(c) Withholding of Contributions Related to Establishment of a
United Nations Contract Review Process.--
``(1) Withholding of assessed contributions for regular united
nations budget.--For fiscal year 1998 and for each subsequent
fiscal year, 3 percent of the amount of funds made available for
that fiscal year for United States assessed contributions for the
regular United Nations budget shall be withheld from obligation and
expenditure unless a certification for that fiscal year has been
made under paragraph (2).
``(2) Certification.--The certification referred to in
paragraph (1) for any fiscal year is a certification by the
President to the Congress, submitted on or after the beginning of
that fiscal year, that the United Nations has established a
contract review process for contracts of more than $100,000 and a
process to assure unsuccessful bidders a timely opportunity to
challenge awards for contracts of more than $100,000 that such
bidders consider to have been made improperly.''.
(c) Procurement Information.--Section 4(d) of the United Nations
Participation Act of 1945 (22 U.S.C. 287b(d)), as amended by section
407 of the Foreign Relations Authorization Act, Fiscal Years 1994 and
1995 (Public Law 103-236) is amended in paragraph (2)(B) by inserting
before the period ``, including local procurement contracts''.
SEC. 1524. LIMITATION ON ASSESSMENT PERCENTAGE FOR PEACEKEEPING
ACTIVITIES.
(a) Amendment to the UNPA.--The United Nations Participation Act of
1945 (22 U.S.C. 287 et seq.), as amended by this Act, is further
amended by adding at the end the following new section:
``SEC. 12. CONTRIBUTIONS FOR PEACEKEEPING ACTIVITIES.
``(a) Reassessment of Contribution Percentages.--The Permanent
Representative of the United States to the United Nations should make
every effort to ensure that the United Nations completes an overall
review and reassessment of each nation's assessed contributions for
United Nations peacekeeping operations. As part of the overall review
and assessment, the Permanent Representative should make every effort
to advance the concept that, when appropriate, host governments and
other governments in the region where a United Nations peacekeeping
operation is carried out should bear a greater burden of its financial
cost.
``(b) Limitation on Assessed Contribution With Respect to a
Peacekeeping Operation.--(1) Funds authorized to be appropriated for
`Contributions for International Peacekeeping Activities' for any
fiscal year shall not be available for the payment of the United States
assessed contribution for a United Nations peacekeeping operation in an
amount which is greater than 25 percent of the total amount of all
assessed contributions for that operation, and any arrearages that
accumulate as a result of assessments in excess of 25 percent of the
total amount of all assessed contributions for any United Nations
peacekeeping operation shall not be recognized or paid by the United
States.
``(2) Any penalties, interest, or other charges imposed on the
United States in connection with such contributions shall be credited
as a part of the percentage limitation contained in the preceding
sentence.''.
(b) Effective Date.--The limitation contained in section 12(b) of
the United Nations Participation Act of 1945, as added by subsection
(a), shall apply only with respect to funds authorized to be
appropriated for ``Contributions for International Peacekeeping
Activities'' for fiscal years after fiscal year 1995.
(c) Conforming Repeal.--Section 404 of the Foreign Relations
Authorization Act, Fiscal Years 1994 and 1995, is repealed.
SEC. 1525. ANNUAL REPORT ON UNITED STATES CONTRIBUTIONS TO UNITED
NATIONS PEACEKEEPING ACTIVITIES.
Section 4(d)(1) of the United Nations Participation Act of 1945 (22
U.S.C. 287b(d)(1)) is amended--
(1) by redesignating subparagraph (D) as subparagraph (E); and
(2) by inserting after subparagraph (C) the following new
subparagraph:
``(D) A description of the anticipated budget for the next
fiscal year for United States participation in United Nations
peacekeeping activities, including a statement of the aggregate
amount of funds (from all accounts) and the aggregate costs of
in-kind contributions that the United States proposes to make
available to the United Nations for that fiscal year for United
Nations peacekeeping activities.''.
SEC. 1526. PRIOR CONGRESSIONAL NOTIFICATION OF SECURITY COUNCIL VOTES
ON UNITED NATIONS PEACEKEEPING ACTIVITIES.
Section 4 of the United Nations Participation Act of 1945 (22
U.S.C. 287b) is amended--
(1) by redesignating subsection (e) as subsection (f); and
(2) by inserting after subsection (d) the following:
``(e) Notice to Congress of Proposed United Nations Peacekeeping
Activities.--(1) Except as provided in paragraph (2), at least 5 days
before any vote in the Security Council to initiate, expand, or modify
any United Nations peacekeeping activity or any other action under the
Charter of the United Nations which would involve the use of United
States Armed Forces, the President shall submit to the designated
congressional committees a notification with respect to the proposed
action. The notification shall include the following:
``(A) A cost assessment of such action (including the total
estimated cost and the United States share of such cost).
``(B) Identification of the source of funding for the United
States share of the costs of the action (whether in an annual
budget request, reprogramming notification, a rescission of funds,
a budget amendment, or a supplemental budget request).
``(2)(A) If the President determines that an emergency exists which
prevents submission of the 5-day advance notification specified in
paragraph (1) and that the proposed action is in the national security
interests of the United States, the notification described in paragraph
(1) shall be provided in a timely manner but no later than 48 hours
after the vote by the Security Council.
``(B) Determinations made under subparagraph (A) may not be
delegated.''.
SEC. 1527. CODIFICATION OF REQUIRED NOTICE TO CONGRESS OF PROPOSED
UNITED NATIONS PEACEKEEPING ACTIVITIES.
(a) Required Notice.--Section 4 of the United Nations Participation
Act of 1945 (22 U.S.C. 287b) is amended--
(1) by striking the second sentence of subsection (a);
(2) by redesignating subsections (e) and (f) (as redesignated
by the preceding section) as subsections (f) and (g), respectively;
and
(3) by inserting after subsection (d) a new subsection (e)
consisting of the text of subsection (a) of section 407 of the
Foreign
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Relations Authorization Act, Fiscal Years 1994 and 1995
(Public Law 103-236), revised--
(A) in paragraph (2)--
(i) in the matter preceding subparagraph (A), by
inserting ``in written form not later than the 10th day
of'' after ``shall be provided'';
(ii) in subparagraph (A)(iv), by inserting ``(including
facilities, training, transportation, communication, and
logistical support, but not including intelligence
activities reportable under title V of the National
Security Act of 1947 (50 U.S.C. 413 et seq.))'' after
``covered by the resolution''; and
(iii) in subparagraph (B), by adding at the end the
following new clause:
``(iv) A description of any other United States
assistance to or support for the operation (including
facilities, training, transportation, communication, and
logistical support, but not including intelligence
activities reportable under title V of the National
Security Act of 1947 (50 U.S.C. 413 et seq.)), and an
estimate of the cost to the United States of such
assistance or support.'';
(B) by striking paragraph (3);
(C) by redesignating paragraph (4) as paragraph (3) and in
the last sentence of subparagraph (A) of that paragraph by
striking ``and (ii)'' and inserting ``through (iv)'';
(D) by inserting after paragraph (3) (as so redesignated)
the following new paragraph:
``(4) New united nations peacekeeping operation defined.--As
used in paragraphs (2)(B) and (3), the term `new United Nations
peacekeeping operation' includes any existing or otherwise ongoing
United Nations peacekeeping operation--
``(A) that is to be expanded by more than 25 percent during
the period covered by the Security Council resolution, as
measured by either the number of personnel participating (or
authorized to participate) in the operation or the budget of
the operation; or
``(B) that is to be authorized to operate in a country in
which it was not previously authorized to operate.''; and
(E) in paragraph (5)--
(i) by striking ``(5) Notification'' and all that
follows through ``(B) The President'' and inserting ``(5)
Quarterly reports.--The President''; and
(ii) by striking ``section 4(d)'' and all that follows
through ``of this section)'' and inserting ``subsection
(d)''.
(b) Conforming Repeal.--Subsection (a) of section 407 of the
Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 (Public
Law 103-236), is repealed.
(c) Designated Congressional Committees.--Subsection (g) of section
4 of the United Nations Participation Act of 1945 (22 U.S.C. 287b(g)),
as redesignated by subsection (a), is amended to read as follows:
``(g) Designated Congressional Committees.--As used in this
section, the term `designated congressional committees' means the
Committee on Appropriations and the Committee on Foreign Relations of
the Senate and the Committee on Appropriations and the Committee on
International Relations of the House of Representatives.''.
SEC. 1528. RESTRICTIONS ON INTELLIGENCE SHARING WITH THE UNITED
NATIONS.
The United Nations Participation Act of 1945 (22 U.S.C. 287 et
seq.) is amended by adding at the end the following new section:
``SEC. 13. RESTRICTIONS ON INTELLIGENCE SHARING WITH THE UNITED
NATIONS.
``(a) Provision of Intelligence Information to the United
Nations.--(1) No United States intelligence information may be provided
to the United Nations or any organization affiliated with the United
Nations, or to any official or employee thereof, unless the President
certifies to the Committee on Foreign Relations and the Select
Committee on Intelligence of the Senate and the Committee on
International Relations and the Permanent Select Committee on
Intelligence of the House of Representatives that the Director of
Central Intelligence (in this section referred to as the `DCI'), in
consultation with the Secretary of State and the Secretary of Defense,
has required, and such organization has established and implemented,
procedures for protecting intelligence sources and methods (including
protection from release to nations and foreign nationals that are
otherwise not eligible to receive such information) no less stringent
than procedures maintained by nations with which the United States
regularly shares similar types of intelligence information. Such
certification shall include a description of the procedures in effect
at such organization.
``(2) Paragraph (1) may be waived upon written certification by the
President to the appropriate committees of Congress that providing such
information to the United Nations or an organization affiliated with
the United Nations, or to any official or employee thereof, is in the
national security interest of the United States and that all possible
measures protecting such information have been taken, except that such
waiver must be made for each instance such information is provided, or
for each such document provided.
``(b) Periodic and Special Reports.--(1) The President shall
periodically report, but not less frequently than quarterly, to the
Committee on Foreign Relations and the Select Committee on Intelligence
of the Senate and the Committee on International Relations and the
Permanent Select Committee on Intelligence of the House of
Representatives on the types and volume of intelligence provided to the
United Nations and the purposes for which it was provided during the
period covered by the report. Such periodic reports shall be submitted
to the Select Committee on Intelligence of the Senate and the Permanent
Select Committee on Intelligence of the House of Representatives with
an annex containing a counterintelligence and security assessment of
all risks, including an evaluation of any potential adverse impact on
national collection systems, of providing intelligence to the United
Nations, together with information on how such risks have been
addressed.
``(2) The President shall submit a special report to the Committee
on Foreign Relations and the Select Committee on Intelligence of the
Senate and the Committee on International Relations and the Permanent
Select Committee on Intelligence of the House of Representatives within
15 days after the United States Government becomes aware of any
unauthorized disclosure of intelligence provided to the United Nations
by the United States.
``(c) Limitation.--The restrictions of subsection (a) and the
requirement for periodic reports under paragraph (1) of subsection (a)
shall not apply to the provision of intelligence that is provided only
to, and for the use of, appropriately cleared United States Government
personnel serving with the United Nations.
``(d) Delegation of Duties.--The President may not delegate or
assign the duties of the President under subsection (a).
``(e) Relationship to Existing Law.--Nothing in this section shall
be construed to--
``(1) impair or otherwise affect the authority of the Director
of Central Intelligence to protect intelligence sources and methods
from unauthorized disclosure pursuant to section 103(c)(5) of the
National Security Act of 1947 (50 U.S.C. 403-3(c)(5)); or
``(2) supersede or otherwise affect the provisions of title V
of the National Security Act of 1947 (50 U.S.C. 413 et seq.).''.
TITLE XVI--FOREIGN POLICY PROVISIONS
SEC. 1601. APPLICABILITY OF TAIWAN RELATIONS ACT.
Section 3 of the Taiwan Relations Act (22 U.S.C. 3302) is amended
by adding at the end the following new subsection:
``(d) The provisions of subsections (a) and (b) supersede any
provision of the Joint Communique of t
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he United States and China of
August 17, 1982.''.
SEC. 1602. REPORT ON OCCUPIED TIBET.
(a) Report on United States-Tibet Relations.--Not later than 6
months after the date of enactment of this Act, and every 12 months
thereafter, the Secretary of State shall submit to the Chairman of the
Committee on Foreign Relations of the Senate and the Speaker of the
House of Representatives a report on the state of relations between the
United States and those recognized by Congress as the true
representatives of the Tibetan people, the Dalai Lama, his
representatives, and the Tibetan Government in exile, and on conditions
in Tibet.
(b) Separate Tibet Reports.--
(1) It is the sense of the Congress that whenever an executive
branch report is transmitted to the Congress on a country-by-
country basis there should be included in such report, where
applicable, a separate report on Tibet listed alphabetically with
its own state heading.
(2) The reports referred to in paragraph (1) include, but are
not limited to, reports transmitted under sections 116(d) and
502B(b) of the Foreign Assistance Act of 1961 (relating to human
rights).
SEC. 1603. TAIPEI REPRESENTATIVE OFFICE.
For purposes of carrying out its activities in the United States,
the instrumentality known as the Taipei Economic and Cultural
Representative Office as of the date of enactment of this Act shall, on
and after such date, be permitted to operate under the name ``Taipei
Representative Office''.
SEC. 1604. EFFORTS AGAINST EMERGING INFECTIOUS DISEASES.
(a) Prioritization.--The President shall give urgent priority to
the strengthening of efforts against emerging infectious diseases
through the development of appropriate United States Government
strategies and response mechanisms.
(b) Strategic Plan.--Not later than 6 months after the date of the
enactment of this Act, the President shall submit to the Speaker of the
House of Representatives and the Committee on Foreign Relations of the
Senate a report outlining a United States strategic plan, in
cooperation with the international public health infrastructure, to
identify and respond to the threat of emerging infectious diseases to
the health of the people of the United States.
SEC. 1605. STATUTORY CONSTRUCTION.
Section 33 of the Arms Control and Disarmament Act (22 U.S.C. 2573)
is amended by adding at the end the following new subsection:
``(c) Statutory Construction.--Nothing contained in this chapter
shall be construed to authorize any policy or action by any Government
agency which would interfere with, restrict, or prohibit the
acquisition, possession, or use of firearms by an individual for the
lawful purpose of personal defense, sport, recreation, education, or
training.''.
SEC. 1606. REPORTS REGARDING HONG KONG.
(a) Extension of Reporting Requirement.--Section 301 of the United
States-Hong Kong Policy Act of 1992 (22 U.S.C. 5731) is amended in the
text above paragraph (1) by striking ``and March 31, 2000,'' and
inserting ``March 31, 2000, and every year thereafter,''.
(b) Additional Requirements.--In light of deficiencies in reports
submitted to the Congress pursuant to section 301 of the United States-
Hong Kong Policy Act of 1992 (22 U.S.C. 5731), reports required to be
submitted under that section on or after the date of enactment of this
Act shall include detailed information on the status of, and other
developments affecting, implementation of the Sino-British Joint
Declaration on the Question of Hong Kong, including--
(1) the Basic Law and its consistency with the Joint
Declaration;
(2) the openness and fairness of elections to the legislature;
(3) the openness and fairness of the election of the chief
executive and the executive's accountability to the legislature;
(4) the treatment of political parties;
(5) the independence of the judiciary and its ability to
exercise the power of final judgment over Hong Kong law;
(6) the Bill of Rights;
(7) a list of all treaties and international agreements
(including multilateral conventions) in force as of July 1, 1997,
between the United States and Hong Kong, or between the United
States and the United Kingdom which apply to Hong Kong; and
(8) a short description of the extent to which Hong Kong is
carrying out and has the capacity to carry out its commitments and
obligations under each treaty or international agreement under
paragraph (7).
SEC. 1607. THE UNITED STATES-NORTH KOREA AGREED FRAMEWORK OF OCTOBER
21, 1994, AND THE KOREAN PENINSULA ENERGY DEVELOPMENT
ORGANIZATION (KEDO).
(a) Clarification of Nuclear Nonproliferation Obligations of North
Korea Under the Agreed Framework.--It is the sense of the Congress that
in discussions or negotiations with the Government of North Korea
pursuant to the implementation of the United States-Democratic People's
Republic of Korea Agreed Framework entered into on October 21, 1994,
the President should uphold the following minimum conditions relating
to nuclear nonproliferation:
(1) All spent fuel from the graphite-moderated nuclear reactors
and related facilities of North Korea should be removed from the
territory of North Korea as is consistent with the Agreed
Framework.
(2) The International Atomic Energy Agency should have the
freedom to conduct any and all inspections that it deems necessary
to fully account for the stocks of plutonium and other nuclear
materials in North Korea, including special inspections of
suspected nuclear waste sites, before any nuclear components
controlled by the Nuclear Supplier Group Guidelines are delivered
for a light water reactor for North Korea.
(3) The dismantlement of all declared graphite-based nuclear
reactors and related facilities in North Korea, including
reprocessing units, should be completed in accordance with the
Agreed Framework and in a manner that effectively bars in
perpetuity any reactivation of such reactors and facilities.
(4) The United States should suspend actions described in the
Agreed Framework if North Korea reloads its existing 5 megawatt
nuclear reactor or resumes construction of nuclear facilities other
than those permitted to be built under the Agreed Framework.
(b) Role of the Republic of Korea Under the Agreed Framework.--It
is further the sense of the Congress that the Republic of Korea should
play the central role in the project to provide light water reactors to
North Korea under the Agreed Framework.
(c) Further Steps To Promote United States Security and Political
Interests With Respect to North Korea.--It is further the sense of the
Congress that, after the date of the enactment of this Act, the
President should not take further steps toward upgrading diplomatic
relations with North Korea beyond opening liaison offices or relaxing
trade and investment barriers imposed against North Korea without--
(1) consistent and sustained efforts by the Government of North
Korea to engage in a substantive North-South dialogue with the
Government of the Republic of Korea;
(2) significant progress toward implementation of the North-
South Joint Declaration on the Denuclearization of the Korean
Peninsula; and
(3) progress toward the achievement of several long-standing
United States policy objectives regarding North Korea and the
Korean Peninsula, including--
(A) reducing the number of military forces of North Korea
along the Demilitarized Zone and relocating such military
forces away from the Demilitarized Zone;
(B) prohibiting any movement by North Korea toward the
deployment of an intermediate range ballistic missile system;
(C) prohibiting the export by North Korea of missiles and
other weapons of mass destruction, including related technology
and comp
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onents;
(D) obtaining positive and productive cooperation from
North Korea on the recovery of remains of Americans missing in
action from the Korean War without consenting to exorbitant
demands by North Korea for financial compensation; and
(E) achieving credible assurances and intelligence
confirmation that North Korea has ended its participation in
and support of international terrorism.
(d) Restrictions on Assistance to North Korea and the Korean
Peninsula Energy Development Organization.--
(1) In general.--Chapter 1 of part III of the Foreign
Assistance Act of 1961 (22 U.S.C. 2370 et seq.) is amended by
adding at the end the following new section:
``SEC. 620G. ASSISTANCE TO NORTH KOREA AND THE KOREAN PENINSULA ENERGY
DEVELOPMENT ORGANIZATION.
``(a) Limitation.--No assistance may be provided under this Act or
any other provision of law to North Korea or the Korean Peninsula
Energy Development Organization unless--
``(1) such assistance is provided in accordance with all
requirements, limitations, and procedures otherwise applicable to
the provision of such assistance for such purposes; and
``(2) the President--
``(A) notifies the congressional committees specified in
section 634A(a) of this Act prior to the obligation of such
assistance in accordance with the procedures applicable to
reprogramming notifications under that section, irrespective of
the amount of the proposed obligation of such assistance; and
``(B) determines and reports to such committees that the
provision of such assistance is vital to the national security
of the United States.
``(b) Exception.--The requirement of subsection (a)(2)(B) shall not
apply with respect to assistance authorized to be appropriated and
appropriated for North Korea or the Korean Peninsula Energy Development
Organization.''.
(2) Effective date.--Section 620G of the Foreign Assistance Act
of 1961, as added by subsection (a), applies with respect to
assistance provided to North Korea or the Korean Peninsula Energy
Development Organization on or after the date of the enactment of
this Act.
SEC. 1608. INTERNATIONAL CRIMINAL COURT PARTICIPATION.
(a) In General.--The United States may not participate in an
international criminal court with jurisdiction over crimes of an
international character except to the extent and in the manner
authorized--
(1) by a treaty entered into in accordance with Article II,
section 2, clause 2 of the Constitution; or
(2) by a law enacted in accordance with Article I, section 7 of
the Constitution.
(b) Definitions.--As used in subsection (a)--
(1) the term ``participate'' means consent to the jurisdiction
of, recognize the validity of the decisions of, or extradite or
otherwise render suspects to, an international criminal court with
jurisdiction over crimes of an international character; and
(2) the term ``international criminal court with jurisdiction
over crimes of an international character'' does not include any
international war crimes tribunal established prior to the date of
enactment of this Act.
SEC. 1609. PROHIBITION ON THE TRANSFER OF ARMS TO INDONESIA.
Consistent with section 582 of the Foreign Operations Export
Financing and Related Programs Appropriations Act, 1995 (Public Law
103-306), the United States is prohibited from selling or licensing for
export to the Government of Indonesia light arms, small weapons, and
crowd control ordnances, including helicopter-mounted equipment, until
the Secretary of State determines and reports to the Committee on
Foreign Relations of the Senate and the Committee on International
Relations of the House of Representatives that there has been
significant progress made on human rights in East Timor and elsewhere
in Indonesia, including--
(1) compliance with the recommendations in the United Nations
Special Rapporteur's January 1992 report and the March 1993
recommendations of the United Nations Human Rights Commission;
(2) significant reduction in Indonesia's troop presence in East
Timor;
(3) thorough and impartial investigation of gangs and violent
civilian groups operating in East Timor;
(4) improved access to East Timor for Indonesian and
international human rights and humanitarian organizations and
journalists, including the deployment of United Nations human
rights monitors if so requested;
(5) constructive participation in the United Nations Secretary
General's efforts to resolve the status of East Timor; and
(6) greater local control over political, economic, and
cultural affairs, with an aim toward resolving the future status of
East Timor.
SEC. 1610. BOSNIA AND HERZEGOVINA SELF-DEFENSE FUND.
(a) Authority for Establishment.--
(1) Subject to the other provisions of this section, the
President is authorized to enter into an international agreement
with eligible countries for the establishment of a fund to assist
the self-defense of Bosnia and Herzegovina, which may be known as
the ``Multilateral Bosnia and Herzegovina Self-Defense Fund''.
(2) The Secretary of State is authorized to transfer to the
custody of the international board having responsibility for the
Fund defense articles from the stocks of the Department of Defense
and defense services of the Department of Defense transferred or
available for transfer pursuant to section 540 of the Foreign
Operations, Export Financing, and Related Programs Appropriations
Act, 1996 (Public Law 104-107), or pursuant to any similar
provision of law.
(b) Purpose.--The purpose of the Fund shall be to provide an
international mechanism for the procurement of military equipment and
training for transfer to the Government of Bosnia and Herzegovina for
the exercise of its right to self-defense under Article 51 of the
United Nations Charter, and to facilitate the achievement of a lasting
peace by enabling the Government of Bosnia and Herzegovina to protect
its population and territory.
(c) Requirements.--An agreement referred to in subsection (a) shall
meet the following requirements:
(1) United states representation.--The United States will chair
any international board having responsibility for the Fund.
(2) Control of military equipment.--The agreement will provide
procedures for the control of military equipment received by the
international board having responsibility for the Fund.
(3) Commitment by the government of bosnia and herzegovina.--
Before any military equipment or training purchased or otherwise
acquired through the Fund, or held by the international board
responsible for the Fund, may be transferred to the Government of
Bosnia and Herzegovina, that Government will provide written
assurances that the equipment or training will not be used to take
reprisals against any civilians.
(d) Report on Efforts To Enable the Federation of Bosnia and
Herzegovina To Provide for Its Own Defense.--Within 30 days after the
date of the enactment of this Act, the President shall submit a
detailed report to the Congress on the administration's plan to assist
the Federation of Bosnia to provide for its own defense, including the
role of the United States and other countries in providing such
assistance. Such report shall include an evaluation of the defense
needs of the Federation of Bosnia and Herzegovina, including, to the
maximum extent possible--
(1) the types and quantities of arms, spare parts, and
logistics support required to establish a stable military balance
prior to the withdrawal of United States Armed Forces;
(2) the nature and scope of training to be provided;
(3) a detailed description of the past, present, and future
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United States role in ensuring that the Federation of Bosnia and
Herzegovina is provided as rapidly as possible with equipment,
training, arms, and related logistic assistance of the highest
possible quality;
(4) administration plans to use existing military drawdown
authority and other assistance authorities pursuant to this
section; and
(5) specific or anticipated commitments by third countries to
provide arms, equipment, or training to the Federation of Bosnia
and Herzegovina.
The report shall be submitted in unclassified form, but may contain a
classified annex.
(e) Definitions.--As used in this section:
(1) Eligible countries.--The term ``eligible countries''
includes any foreign country other than a country the government of
which the Secretary of State has determined, in accordance with
section 6(j)(1)(A) of the Export Administration Act of 1979,
repeatedly provides support for acts of international terrorism.
(2) Fund.--The term ``Fund'' means the fund established as
provided in subsection (a).
(3) Government of bosnia and herzegovina.--The term
``Government of Bosnia and Herzegovina'' includes any agency,
instrumentality, or forces of the Government of Bosnia and
Herzegovina.
(f) Statutory Construction.--Nothing in this section shall be
interpreted as authorization for the deployment of United States forces
in the territory of Bosnia and Herzegovina for any purpose, including
training, support, or delivery of military equipment.
SEC. 1611. REPORTS TO CONGRESS ON ASPECTS OF IMPLEMENTATION OF THE
GENERAL FRAMEWORK AGREEMENT.
(a) Military Aspects.--Thirty days after the date of the enactment
of this Act, and at least once every 60 days thereafter until all
United States Armed Forces are withdrawn from Bosnia and Herzegovina,
the President shall submit to the Congress a report on the status of
the deployment of United States Armed Forces in Bosnia and Herzegovina,
including a detailed description of the following:
(1) Criteria for determining success for the deployment.
(2) The military mission and objectives.
(3) Milestones for measuring progress in achieving the mission
and objectives.
(4) Command arrangements for United States Armed Forces.
(5) The rules of engagement for United States Armed Forces.
(6) The multilateral composition of forces in Bosnia and
Herzegovina.
(7) The status of compliance by all parties with the General
Framework Agreement and associated Annexes, including Article III
of Annex 1-A concerning the withdrawal of foreign forces from
Bosnia and Herzegovina.
(8) All incremental costs of the Department of Defense and any
costs incurred by other Federal agencies, for the deployment of
United States Armed Forces in Bosnia and Herzegovina, including
support for the NATO Implementation Force.
(9) The exit strategy to provide for complete withdrawal of
United States Armed Forces in the NATO Implementation Force,
including an estimated date of completion.
(10) A description of progress toward enabling the Federation
of Bosnia and Herzegovina to provide for its own defense.
Reports under this section shall include a description of any changes
in the areas listed in paragraphs (1) through (10) since the previous
report, if applicable. Reports shall be submitted in unclassified form,
but may contain a classified annex.
(b) Nonmilitary Aspects.--Thirty days after the date of the
enactment of this Act, and at least once every 60 days thereafter,
until all United States Armed Forces withdraw from Bosnia and
Herzegovina, the President shall submit to the Congress a report on the
following:
(1) The status of implementation of nonmilitary aspects of the
General Framework Agreement and associated Annexes, especially
Annex 10 on Civilian Implementation, and of efforts, which are
separate from the Implementation Force, by the United States and
other countries to support implementation of the nonmilitary
aspects. Such report shall include a detailed description of--
(A) progress toward conducting of elections;
(B) the status of refugees and displaced persons;
(C) humanitarian and reconstruction efforts;
(D) police training and related civilian security efforts,
including the status of the implementation of Annex 11
regarding an international police task force; and
(E) implementation of Article XIII of Annex 6 concerning
cooperation with the International Tribunal for the former
Yugoslavia and other appropriate organizations in the
investigation and prosecution of war crimes and other
violations of international humanitarian law.
(2) The status of coordination between the High Representative
and the Implementation Force Commander.
(3) The status of plans and preparation for the continuation of
civilian activities after the withdrawal of the Implementation
Force.
(4) All costs incurred by all United States Government agencies
for reconstruction, refugee, humanitarian, and all other
nonmilitary bilateral and multilateral assistance in Bosnia and
Herzegovina.
(5) United States and international diplomatic efforts to
contain and end conflict in the former Yugoslavia, including
efforts to resolve the status of Kosova and halt violations of
internationally recognized human rights of its majority Albanian
population.
(6) The progress of efforts to establish a United States
Information Agency facility in Pristina, Kosova.
Reports under this subsection shall be submitted in unclassified form,
but may contain a classified annex.
SEC. 1612. VERIFICATION OF MISSILE TECHNOLOGY CONTROL REGIME.
Not later than 6 months after the date of the enactment of this
Act, the Director of the Arms Control and Disarmament Agency shall
submit to the Congress a report on the capability of the United States
to verify the Missile Technology Control Regime, including any
applicable United States policy statements, pursuant to section 37 of
the Arms Control and Disarmament Act.
SEC. 1613. REPEAL OF TERMINATION OF PROVISIONS OF THE NUCLEAR
PROLIFERATION PREVENTION ACT OF 1994.
(a) Repeal.--Part D of the Nuclear Proliferation Prevention Act of
1994 (part D of title VIII of the Foreign Relations Authorization Act,
Fiscal Years 1994 and 1995; Public Law 103-236; 108 Stat. 525) is
hereby repealed.
(b) Judicial Review.--Section 824 of the Nuclear Proliferation
Prevention Act of 1994 is amended by striking subsection (e).
SEC. 1614. PAYMENT OF IRAQI CLAIMS.
(a) Vesting of Assets.--All nondiplomatic accounts of the
Government of Iraq in the United States that have been blocked pursuant
to the International Emergency Economic Powers Act (50 U.S.C. 1701 et
seq.) shall vest in the President and the President, not later than 30
days after the date of the enactment of this Act, shall liquidate such
accounts. Amounts from such liquidation shall be transferred into the
Iraq Claims Fund established under subsection (b).
(b) Iraq Claims Fund.--Upon the vesting of accounts under
subsection (a), the Secretary of the Treasury shall establish in the
Treasury of the United States a fund to be known as the Iraq Claims
Fund (hereafter in this section referred to as the ``Fund'') for
payment of private claims or United States Government claims in
accordance with subsection (c).
(c) Payments.--
(1) Payments on private claims.--Not later than 2 years after
the date of the enactment of this Act, the Secretary of the
Treasury shall make payment out of the Fund in ratable proportions
on private claims certified under subsection (e) according to the
proportions which the total amount of the private claims so
certified bear to the total amount in the Fund that is av
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ailable
for distribution at the time such payments are made.
(2) Payments on united states government claims.--After payment
has been made in full out of the Fund on all private claims
certified under subsection (e), any funds remaining in the Fund
shall be made available to satisfy claims of the United States
Government against the Government of Iraq determined under
subsection (d).
(d) Determination of Validity of United States Government Claims.--
The President shall determine the validity and amounts of claims of the
Government of the United States against the Government of Iraq which
the Secretary of State has determined are outside the jurisdiction of
the United Nations Commission, and, to the extent that such claims are
not satisfied from funds made available by the Fund, the President is
authorized and requested to enter into a settlement agreement with the
Government of Iraq which would provide for the payment of such
unsatisfied claims.
(e) Determination of Private Claims.--
(1) Authority of the foreign claims settlement commission.--The
Foreign Claims Settlement Commission of the United States is
authorized to receive and determine, in accordance with substantive
law, including international law, the validity and amounts of
private claims. The Commission shall complete its affairs in
connection with the determination of private claims under this
section within such time as is necessary to allow the payment of
the claims under subsection (c)(1).
(2) Applicability.--Except to the extent inconsistent with the
provisions of this section, the provisions of title I of the
International Claims Settlement Act of 1949 (22 U.S.C. 1621 et
seq.) shall apply with respect to private claims under this
section. Any reference in such provisions to ``this title'' shall
be deemed to refer to those provisions and to this section.
(3) Certification.--The Foreign Claims Settlement Commission
shall certify to the Secretary of the Treasury the awards made in
favor of each private claim under paragraph (1).
(f) Unsatisfied Claims.--Payment of any award made pursuant to this
section shall not extinguish any unsatisfied claim, or be construed to
have divested any claimant, or the United States on his or her behalf,
of any rights against the Government of Iraq with respect to any
unsatisfied claim.
(g) Definitions.--As used in this section--
(1) the term ``Government of Iraq'' includes agencies,
instrumentalities, and controlled entities (including public sector
enterprises) of that government;
(2) the term ``private claims'' mean claims of United States
persons against the Government of Iraq that are determined by the
Secretary of State to be outside the jurisdiction of the United
Nations Commission;
(3) the term ``United Nations Commission'' means the United
Nations Compensation Commission established pursuant to United
Nations Security Council Resolution 687, adopted in 1991; and
(4) the term ``United States person''--
(A) includes--
(i) any person, wherever located, who is a citizen of
the United States;
(ii) any corporation, partnership, association, or
other legal entity organized under the laws of the United
States or of any State, the District of Columbia, or any
commonwealth, territory, or possession of the United
States; and
(iii) any corporation, partnership, association, or
other organization, wherever organized or doing business,
which is owned or controlled by persons described in clause
(i) or (ii); and
(B) does not include the United States Government or any
officer or employee of the United States Government acting in
an official capacity.
SEC. 1615. INTERNATIONAL FUND FOR IRELAND.
(a) Funding.--
(1) In general.--Of the amounts made available for fiscal years
1996 and 1997 for assistance under chapter 4 of part II of the
Foreign Assistance Act of 1961 (22 U.S.C. 2346 et seq.; relating to
the economic support fund), not more than $19,600,000 for each of
the fiscal years 1996 and 1997 shall be available for the United
States contribution to the International Fund for Ireland in
accordance with the Anglo-Irish Agreement Support Act of 1986
(Public Law 99-415).
(2) Availability.--Amounts made available under paragraph (1)
are authorized to remain available until expended.
(b) Additional Requirements.--
(1) Purposes.--Section 2(b) of the Anglo-Irish Agreement
Support Act of 1986 (Public Law 99-415; 100 Stat. 947) is amended
by adding at the end the following new sentences: ``United States
contributions should be used in a manner that effectively increases
employment opportunities in communities with rates of unemployment
higher than the local or urban average of unemployment in Northern
Ireland. In addition, such contributions should be used to benefit
individuals residing in such communities.''.
(2) Conditions and understandings.--Section 5(a) of such Act is
amended--
(A) in the first sentence--
(i) by striking ``The United States'' and inserting the
following:
``(1) In general.--The United States'';
(ii) by striking ``in this Act may be used'' and
inserting the following: ``in this Act--
``(A) may be used'';
(iii) by striking the period and inserting ``; and'';
and
(iv) by adding at the end the following:
``(B) should be provided to individuals or entities in
Northern Ireland which employ practices consistent with the
principles of economic justice.''; and
(B) in the second sentence, by striking ``The
restrictions'' and inserting the following:
``(2) Additional requirements.--The restrictions''.
(3) Prior certifications.--Section 5(c)(2) of such Act is
amended--
(A) in subparagraph (A), by striking ``in accordance with
the principle of equality'' and all that follows and inserting
``to individuals and entities whose practices are consistent
with principles of economic justice; and''; and
(B) in subparagraph (B), by inserting before the period at
the end the following: ``and will create employment
opportunities in regions and communities of Northern Ireland
suffering from high rates of unemployment''.
(4) Annual reports.--Section 6 of such Act is amended--
(A) in paragraph (2), by striking ``and'' at the end;
(B) in paragraph (3), by striking the period and inserting
``; and''; and
(C) by adding at the end the following new paragraph:
``(4) the extent to which the practices of each individual or
entity receiving assistance from United States contributions to the
International Fund has been consistent with the principles of
economic justice.''.
(5) Requirements relating to funds.--Section 7 of such Act is
amended by adding at the end the following:
``(c) Prohibition.--Nothing included herein shall require quotas or
reverse discrimination or mandate their use.''.
(6) Definitions.--Section 8 of such Act is amended--
(A) in paragraph (1), by striking ``and'' at the end;
(B) in paragraph (2), by striking the period at the end and
inserting ``; and''; and
(C) by adding at the end the following new paragraph:
``(3) the term `principles of economic justice' means the
following principles:
``(A) Increasing the representation of individuals from
underrepresented religious groups in the workforce, including
managerial, supervisory, administrative, cleric
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al, and
technical jobs.
``(B) Providing adequate security for the protection of
minority employees at the workplace.
``(C) Banning provocative sectarian or political emblems
from the workplace.
``(D) Providing that all job openings be advertised
publicly and providing that special recruitment efforts be made
to attract applicants from underrepresented religious groups.
``(E) Providing that layoff, recall, and termination
procedures do not favor a particular religious group.
``(F) Abolishing job reservations, apprenticeship
restrictions, and differential employment criteria which
discriminate on the basis of religion.
``(G) Providing for the development of training programs
that will prepare substantial numbers of minority employees for
skilled jobs, including the expansion of existing programs and
the creation of new programs to train, upgrade, and improve the
skills of minority employees.
``(H) Establishing procedures to assess, identify, and
actively recruit minority employees with the potential for
further advancement.
``(I) Providing for the appointment of a senior management
staff member to be responsible for the employment efforts of
the entity and, within a reasonable period of time, the
implementation of the principles described in subparagraphs (A)
through (H).''.
SEC. 1616. DEOBLIGATION OF CERTAIN UNEXPENDED ECONOMIC ASSISTANCE
FUNDS.
Chapter 3 of part III of the Foreign Assistance Act of 1961 (22
U.S.C. 2401 et seq.) is amended by adding at the end the following:
``SEC. 668. DEOBLIGATION OF CERTAIN UNEXPENDED ECONOMIC ASSISTANCE
FUNDS.
``(a) Requirement to Deobligate.--
``(1) In general.--Except as provided in subsection (b) of this
section and in paragraphs (1) and (3) of section 617(a) of this
Act, at the beginning of each fiscal year the President shall
deobligate and return to the Treasury, any funds described in
paragraph (2) that, as of the end of the preceding fiscal year,
have been obligated for a project or activity for a period of more
than 3 years but have not been expended.
``(2) Funds.--Paragraph (1) applies to funds made available
for--
``(A) assistance under chapter 1 of part I of this Act
(relating to development assistance), chapter 10 of part I of
this Act (relating to the Development Fund for Africa), or
chapter 4 of part II of this Act (relating to the economic
support fund);
``(B) assistance under the `Multilateral Assistance
Initiative for the Philippines';
``(C) assistance under the Support for East European
Democracy (SEED) Act of 1989; and
``(D) economic assistance for the independent states of the
former Soviet Union under this Act or under any other Act
authorizing economic assistance for such independent states.
``(b) Exceptions.--The President, on a case-by-case basis, may
waive the requirement of subsection (a)(1) if the President determines,
and reports to the appropriate congressional committees, that--
``(1) the funds are being used for a construction project that
requires more than 3 years to complete; or
``(2) the funds have not been expended because of unforeseen
circumstances, and those circumstances could not have been
reasonably foreseen.
``(c) Comments by Inspector General.--As soon as possible after the
submission of a report pursuant to subsection (b), the Inspector
General of the agency primarily responsible for administering part I of
this Act shall submit to the appropriate congressional committees such
comments as the Inspector General considers appropriate with regard to
the determination described in that report.
``(d) Appropriate Congressional Committees.--As used in this
section, the term `appropriate congressional committees' means the
Committee on International Relations and the Committee on
Appropriations of the House of Representatives and the Committee on
Foreign Relations and the Committee on Appropriations of the Senate.''.
SEC. 1617. LIMITATION ON ASSISTANCE TO COUNTRIES THAT RESTRICT THE
TRANSPORT OR DELIVERY OF UNITED STATES HUMANITARIAN
ASSISTANCE.
(a) Findings.--The Congress makes the following findings:
(1) The United States Federal budget deficit and spending
constraints require the maximum efficiency in the usage of United
States foreign assistance.
(2) The delivery of humanitarian assistance to people in need
is consistent with the fundamental values of our Nation and is an
important component of United States foreign policy.
(3) As a matter of principle and in furtherance of fiscal
prudence, the United States should seek to promote the delivery of
humanitarian assistance to people in need in a manner that is both
timely and cost effective.
(4) Recipients of United States assistance should not hinder or
delay the transport or delivery of United States humanitarian
assistance to other countries.
(b) Prohibition on Assistance.--Section 620 of the Foreign
Assistance Act of 1961 (22 U.S.C. 2370), as amended by this Act, is
further amended by inserting after subsection (v) (as added by this
Act) the following new subsection:
``(w)(1) Notwithstanding any other provision of law, United States
assistance may not be made available for any country whose government
prohibits or otherwise restricts, directly or indirectly, the transport
or delivery of United States humanitarian assistance.
``(2) The prohibition on United States assistance contained in
paragraph (1) shall not apply if the President determines and notifies
the Congress in writing that providing such assistance to a country is
in the national security interest of the United States.
``(3) A suspension or termination of United States assistance for
any country under paragraph (1) shall cease to be effective when the
President certifies in writing to the Speaker of the House of
Representatives and the Committee on Foreign Relations of the Senate
that such country is no longer prohibiting or otherwise restricting,
either directly or indirectly, the transport or delivery of United
States humanitarian assistance.
``(4)(A) At the time of the annual budget submission to Congress,
the President shall submit a report to the Congress describing any
information available to the President concerning prohibitions or
restrictions, direct or indirect, on the transport or delivery of
United States humanitarian assistance by the government of any country
receiving or eligible to receive United States foreign assistance
during the current or preceding fiscal year.
``(B) The President shall include in the report required by
subparagraph (A) a statement as to whether the prohibition in paragraph
(1) is being applied to each country for which the President has
information available to him concerning prohibitions or restrictions,
direct or indirect, on the transport or delivery of United States
humanitarian assistance.
``(5) As used in this subsection, the term `United States
assistance' has the same meaning given that term in section 481(e)(4)
of this Act.''.
TITLE XVII--CONGRESSIONAL STATEMENTS
SEC. 1701. THE LAOGAI SYSTEM OF POLITICAL PRISONS.
It is the sense of the Congress that the President should--
(1) publicly condemn the continued existence of the Chinese
gulag, known as the Laogai, and call upon the Government of the
People's Republic of China to dismantle it and release all of its
political prisoners; and
(2) instruct the appropriate diplomatic representatives of the
United States to cause a resolution condemning the Laogai to be put
before the United Nations Human Rights Co
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mmission and work for its
passage.
SEC. 1702. DECLARATION OF CONGRESS REGARDING UNITED STATES GOVERNMENT
HUMAN RIGHTS POLICY TOWARD CHINA.
(a) Findings.--The Congress makes the following findings:
(1) According to the 1994 State Department Country Reports on
Human Rights Practices, there continue to be ``widespread and well-
documented human rights abuses in China, in violation of
internationally accepted norms . . . (including) arbitrary and
lengthy incommunicado detention, torture, and mistreatment of
prisoners. The regime continued severe restrictions on freedoms of
speech, press assembly and association, and tightened controls on
the exercise of these rights during 1994. Serious human rights
abuses persisted in Tibet and other areas populated by ethnic
minorities''.
(2) The President, in announcing his decision on Most Favored
Nation trading status for China in May 1994 stated that, ``China
continues to commit very serious human rights abuses. Even as we
engage the Chinese on military, political, and economic issues, we
intend to stay engaged with those in China who suffer from human
rights abuses. The United States must remain a champion of their
liberties''.
(b) Sense of Congress.--It is the sense of the Congress that the
President should take the following actions:
(1) Decline the invitation to visit China until and unless
there is dramatic overall progress on human rights in China and
Tibet and communicate to the Government of China that such a visit
cannot take place without such progress. Indications of overall
progress would include the release of hundreds of political,
religious, and labor activists; an agreement to allow unhindered
confidential access to prisoners by international humanitarian
agencies; enactment of major legal reforms such as an end to all
restrictions on the exercise of freedom of religion, revocation of
the 1993 state security law, and the abolition of all so-called
``counter-revolutionary'' crimes; an end to forced abortion, forced
sterilization, and the provision by government facilities of human
fetal remains for consumption as food; and a decision to allow
unrestricted access to Tibet by foreign media and international
human rights monitors.
(2) Seek to develop an agreement on a multilateral strategy to
promote human rights in China. Such an agreement should include
efforts to encourage greater cooperation by the Government of China
with the human rights rapporteurs and working groups of the United
Nations Human Rights Commission, as well as bilateral and
multilateral initiatives to secure the unconditional release of
imprisoned peaceful pro-democracy advocates such as Wei Jingsheng.
(3) Extend an invitation to the Dalai Lama to visit Washington,
District of Columbia, in 1996.
(c) United States Government Human Rights Policy Toward China.--It
shall be the policy of the United States Government to continue to
promote internationally recognized human rights and worker rights in
China and Tibet. The President shall submit the following reports on
the formulation and implementation of United States human rights policy
toward China and the results of that policy to the appropriate
congressional committees:
(1) Not later than 90 days after the date of enactment of this
Act, the President shall report on the status of the ``new United
States Human Rights Policy for China'' announced by the President
on May 26, 1994, including an assessment of the implementation and
effectiveness of the policy in bringing about human rights
improvements in China and Tibet, with reference to the following
specific initiatives announced on that date:
(A) High-level dialogue on human rights.
(B) Voluntary principles in the area of human rights for
United States businesses operating in China.
(C) Increased contact with and support for groups and
individuals in China promoting law reform and human rights.
(D) Increased exchanges to support human rights law reform
in China.
(E) The practice of all United States officials who visit
China to meet with the broadest possible spectrum of Chinese
citizens.
(F) Increased efforts to press United States views on human
rights in China at the United Nations, the United Nations Human
Rights Commission, and other international organizations.
(G) A plan of international actions to address Tibet's
human rights problems and to promote substantive discussions
between the Dalai Lama and the Chinese Government.
(H) An information strategy for promoting human rights by
expanding Chinese and Tibetan language broadcasts on the Voice
of America and establishing Radio Free Asia.
(I) Encouraging the Chinese Government to permit
international human rights groups to operate in and visit
China.
The report required by this paragraph shall also assess the
progress, if any, of the People's Republic of China toward ending
forced abortion, forced sterilization, and other coercive
population control practices.
(2) Not later than 120 days after the date of enactment of this
Act, the President shall report on the status of Chinese Government
compliance with United States laws prohibiting the importation into
the United States of forced labor products, including (but not
limited to) a complete assessment and report on the implementation
of the Memorandum of Understanding signed by the United States and
China in 1992. The report shall include (but not be limited to) the
following:
(A) All efforts made by the United States Customs Service
from 1992 until the date of the report to investigate forced
labor exports and to conduct unannounced unrestricted
inspections of suspected forced labor sites in China, and the
extent to which Chinese authorities cooperated with such
investigations.
(B) Recommendations of what further steps might be taken to
enhance United States effectiveness in prohibiting forced labor
exports to the United States from China.
SEC. 1703. UNITED STATES RELATIONS WITH THE FORMER YUGOSLAV REPUBLIC OF
MACEDONIA (FYROM).
It is the sense of the Congress that the Former Yugoslav Republic
of Macedonia (FYROM) should be eligible for all United States foreign
assistance programs, including programs of the Export-Import Bank and
the Overseas Private Investment Corporation, if the government
continues to respect the rights of all ethnic minorities.
SEC. 1704. DISPLACED PERSONS.
It is the sense of the Congress that of the amounts made available
to the United Nations Development Program (and United Nations
Development Program-Administered Funds), at least $20,000,000 for
fiscal year 1996 and $20,000,000 for fiscal year 1997 should be
available for programs and services conducted in cooperation with the
International Organization for Migration, the International Committee
for the Red Cross, and nongovernmental organizations, for persons who
are displaced within their countries of nationality.
SEC. 1705. SENSE OF CONGRESS ON BORDER CROSSING FEES.
It is the sense of the Congress that the United States Government
should not impose or collect a border crossing fee along its borders
with Canada and Mexico.
SEC. 1706. INTER-AMERICAN ORGANIZATIONS.
Taking into consideration the long-term commitment by the United
States to the affairs of this Hemisphere and the need to build further
upon the linkages between the United States and its neighbors, the
Secretary of State, in allocating the level of resources for
international organizations, should make every effort to pay the full
United States assessed funding
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levels for the Organization of American
States and the Pan American Health Organization so that these two
entities, which are uniquely dependent on United States contributions,
have adequate resources to contribute effectively to United States
foreign policy initiatives.
SEC. 1707. ESCALATING COSTS FOR INTERNATIONAL PEACEKEEPING ACTIVITIES.
It is the sense of the Congress that the executive branch should
cease obligating the United States to pay for international
peacekeeping operations in excess of funds specifically authorized and
appropriated for this purpose.
SEC. 1708. VISIT OF THE PRESIDENT OF THE REPUBLIC OF CHINA ON TAIWAN.
It is the sense of the Congress that the President of the Republic
of China on Taiwan should be admitted to the United States for a visit
in 1996 with all appropriate courtesies.
SEC. 1709. REPUBLIC OF CHINA ON TAIWAN'S PARTICIPATION IN GATT AND WTO.
It is the sense of the Congress that--
(1) the United States should separate the Republic of China on
Taiwan's application for membership in the General Agreement on
Tariffs and Trade (GATT) and the World Trade Organization (WTO)
from the People's Republic of China's application for membership in
such organizations;
(2) the United States should support the Republic of China on
Taiwan's earliest membership in the GATT and the WTO if it meets
full and legitimate membership criteria, including the elimination
of inappropriate tariff levels and nontariff barriers;
(3) the United States should support the membership of the
People's Republic of China in the GATT and the WTO only if a sound
bilateral commercial agreement is reached between the United States
and the People's Republic of China, and that the People's Republic
of China makes significant progress in making its economic system
compatible with GATT and WTO principles; and
(4) the People's Republic of China's application for membership
in the GATT and the WTO should be reviewed strictly in accordance
with the rules, guidelines, principles, precedents, and practices
of the GATT and the WTO.
SEC. 1710. INDUSTRIAL PARK FOR GAZA OR THE WEST BANK.
(a) Sense of the Congress.--It is the sense of Congress that--
(1) the United States should take prompt, visible action before
the coming elections in Gaza and Jericho that promises hope and
jobs to Palestinians;
(2) the rapid development of an industrial park in Gaza or the
West Bank, closely coordinated with private sector investors, will
provide a clear sign of opportunity resulting from peace with
Israel;
(3) the decision to site the industrial park should give
special consideration to the extremely difficult economic
conditions in Gaza and the West Bank;
(4) the President should appoint a special coordinator to
coordinate the rapid development of an industrial park in Gaza or
the West Bank and to begin the recruitment of United States
investors; and
(5) the Secretary of State should direct a short-term review
and implementation of United States assistance plans to assist in
speeding the flow of goods and services between Israel and Gaza and
the West Bank while increasing security among those areas.
(b) Report.--Not later than 180 days after the date of the
enactment of this Act, the President shall prepare and transmit to the
Congress a report detailing the following:
(1) All actions taken by the President to establish an
industrial park in Gaza or the West Bank.
(2) Funds planned for expenditure to develop such industrial
park.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.
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