In the Senate of the United States,

December 14, 1995.

Resolved, That the bill from the House of Representatives (H.R. 1561) entitled ‘‘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 responsibily reduce the authorizations of appropriations for United States foreign assistance programs for fiscal years 1996 and 1997, and for

other purposes’’, do pass with the following

AMENDMENT:

Strike out all after the enacting clause and insert:

1 SECTION 1. SHORT TITLE.

2 This Act may be cited as the ‘‘Foreign Relations Revi3 talization Act of 1995’’.

4 SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF

5 CONTENTS.

6 (a) DIVISIONS.—This Act is organized into two divi7 sions as follows:
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1 (1) Division A—Foreign Relations Authoriza2 tion Act, Fiscal Years 1996–1999.

3 (2) Division B—Foreign Affairs Reinvention Act

4 of 1995.

5 (b) TABLE OF CONTENTS.—The table of contents for

6 this Act is as follows:

Sec. 1. Short title.

Sec. 2. Organization of Act into divisions; table of contents.

DIVISION A—FOREIGN RELATIONS AUTHORIZATION ACT, FISCAL

YEARS 1996–1999

Sec. 101. Short title.

TITLE I—DEPARTMENT OF STATE AND RELATED AGENCIES

CHAPTER 1—AUTHORIZATION OF APPROPRIATIONS

Sec. 111. Administration of foreign affairs.

Sec. 112. Migration and refugee assistance.

CHAPTER 2—AUTHORITIES AND ACTIVITIES

Sec. 121. Lease-purchase of overseas property.

Sec. 122. United States Embassy building in Berlin, Germany.

Sec. 123. Fees for commercial services.

Sec. 124. Reduction of reporting requirements.

Sec. 125. Buying power maintenance account.

Sec. 126. Capital investment fund.

Sec. 127. Administrative expenses.

Sec. 128. Fee for use of diplomatic reception rooms.

Sec. 129. Contracts at posts abroad.

Sec. 130. Expenses relating to certain international claims and proceedings.

Sec. 131. Diplomatic Telecommunications Service.

Sec. 132. Diplomatic Telecommunications Service Program Office.

Sec. 133. International Center reserve funds.

Sec. 134. Joint funds under agreements for cooperation in environmental, scientific, cultural and related areas.

Sec. 135. United States diplomatic facilities in Kosova.

Sec. 136. Antibribery study.

Sec. 137. Budget Act compliance.

CHAPTER 3—PERSONNEL

Sec. 141. Authorized strength of the Foreign Service.

Sec. 142. Restriction on lobbying activities of former United States chiefs of mission.

Sec. 143. Foreign Service grounding in United States business.

Sec. 144. Foreign affairs administrative support.

Sec. 145. Foreign Service reform.
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Sec. 146. Limitations on management assignments.

Sec. 147. Report on promotion and retention of personnel.

Sec. 148. Recovery of costs of health care services.

Sec. 149. Nonovertime differential pay.

Sec. 150. Access to records.

Sec. 151. Training.

Sec. 152. Redesignation of National Foreign Affairs Training Center.

CHAPTER 4—CONSULAR AND RELATED ACTIVITIES

Sec. 161. Fee for diversity immigrant lottery.

Sec. 162. Fee for execution of passport applications.

Sec. 163. Fees for machine readable visas.

Sec. 164. Children adopted abroad.

Sec. 165. Consular officers.

Sec. 166. Exclusion from the United States for membership in a terrorist organization.

Sec. 167. Incitement as a basis for exclusion from the United States.

Sec. 168. Visit of the president of the Republic of China on Taiwan.

Sec. 169. Terrorist Lookout Committees.

Sec. 170. Sense of Congress on border crossing fees.

TITLE II—UNITED NATIONS

CHAPTER 1—FUNDING; BUDGETARY AND MANAGEMENT REFORM

Sec. 201. Assessed contributions to the United Nations and affiliated agencies.

Sec. 202. Assessed contributions for international peacekeeping activities.

Sec. 203. Calculation of assessed contributions.

Sec. 204. Reform in budget decisionmaking procedures of the United Nations and

its specialized agencies.

Sec. 205. United Nations budgetary and management reform.

Sec. 206. Whistleblower provision.

CHAPTER 2—UNITED NATIONS PEACEKEEPING

Sec. 211. Annual report on United States contributions to United Nations peacekeeping activities.

Sec. 212. Prior congressional notification of Security Council votes on United

Nations peacekeeping activities.

Sec. 213. Codification of required notice to Congress of proposed United Nations

peacekeeping activities.

Sec. 214. Limitation on assessment percentage for peacekeeping activities.

Sec. 215. Buy America requirement.

Sec. 216. Restrictions on intelligence sharing with the United Nations.

Sec. 217. UNPROFOR funding restrictions.

Sec. 218. Escalating costs for international peacekeeping activities.

Sec. 219. Definition.

TITLE III—OTHER INTERNATIONAL ORGANIZATIONS

CHAPTER 1—AUTHORIZATION OF APPROPRIATIONS

Sec. 301. International conferences and contingencies.

Sec. 302. International commissions.

Sec. 303. International Boundary and Water Commission.

Sec. 304. Inter-American organizations.
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CHAPTER 2—GENERAL PROVISIONS

Sec. 311. International criminal court participation.

Sec. 312. Prohibition on assistance to international organizations espousing

world government.

Sec. 313. Termination of United States participation in certain international organizations.

Sec. 314. International covenant on civil and political rights.

Sec. 315. United States participation in single commodity international organizations.

Sec. 316. Prohibition on contributions to the International Natural Rubber Organization.

Sec. 317. Prohibition on contributions to the International Tropical Timber Organization.

Sec. 318. General Accounting Office study of the cost-effectiveness and efficiency

of international organizations to which the United States makes

contributions.

Sec. 319. Sense of Congress on United Nations Fourth World Conference on

Women in Beijing, China.

TITLE IV—UNITED STATES INFORMATIONAL, EDUCATIONAL, AND

CULTURAL PROGRAMS

CHAPTER 1—AUTHORIZATION OF APPROPRIATIONS

Sec. 401. Authorization of appropriations.

Sec. 402. National Endowment for Democracy.

CHAPTER 2—USIA AND RELATED AGENCIES AUTHORITIES AND ACTIVITIES

Sec. 411. Participation in international fairs and expositions.

Sec. 412. Extension of au pair programs.

Sec. 413. Pilot program on advertising on USIA television and radio broadcasts.

Sec. 414. Availability of Voice of America and Radio Marti multilingual computer readable text and voice recordings.

Sec. 415. Plan for Radio Free Asia.

Sec. 416. Expansion of Muskie fellowship program.

Sec. 417. Changes in administrative authorities.

Sec. 418. General Accounting Office study of duplication among certain international affairs grantees.

Sec. 419. General Accounting Office study of activities of the North/South Center

in support of the North American Free Trade Agreement.

Sec. 420. Mansfield Fellowship Program requirements.

Sec. 421. Distribution within the United States of the United States Information

Agency film entitled ‘‘The Fragile Ring of Life’’.

TITLE V—UNITED STATES ARMS CONTROL AND DISARMAMENT

AGENCY AND THE AGENCY FOR INTERNATIONAL DEVELOPMENT

Sec. 501. Authorization of appropriations.

Sec. 502. Statutory construction.

Sec. 503. Operating expenses.

Sec. 504. Operating expenses of the Office of the Inspector General.

TITLE VI—FOREIGN POLICY

Sec. 601. Repeal of provisions relating to interparliamentary groups.
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Sec. 602. Repeal of executive branch membership on the Commission on Security

and Cooperation in Europe.

Sec. 603. Authorized payments.

Sec. 604. Reports regarding Hong Kong.

Sec. 605. Applicability of Taiwan Relations Act.

Sec. 606. Taipei representative office.

Sec. 607. Report on occupied Tibet.

Sec. 608. Special envoy for Tibet Act of 1995.

Sec. 609. Prohibition on use of funds to facilitate Iraqi refugee admissions into

the United States.

Sec. 610. Special envoy for Nagorno-Karabakh.

Sec. 611. Report to Congress concerning Cuban emigration policies.

Sec. 612. Efforts against emerging infectious diseases.

Sec. 613. Report on firms engaged in export of dual-use items.

Sec. 614. Prohibition on the transfer of arms to Indonesia.

Sec. 615. Middle East Peace Facilitation Act of 1995.

DIVISION B—CONSOLIDATION AND REINVENTION OF FOREIGN

AFFAIRS AGENCIES

Sec. 1001. Short title.

Sec. 1002. Purposes.

TITLE XI—ORGANIZATION OF THE DEPARTMENT OF STATE AND

FOREIGN SERVICE

Sec. 1101. Office of the Secretary of State.

Sec. 1102. Assumption of duties by incumbent appointees.

Sec. 1103. Consolidation of United States diplomatic missions and consular

posts.

Sec. 1104. Procedures for coordination of Government personnel at overseas posts.

TITLE XII—UNITED STATES ARMS CONTROL AND DISARMAMENT

AGENCY

Sec. 1201. Abolition of ACDA; references in part.

Sec. 1202. Repeal of positions and offices.

Sec. 1203. Authorities of the Secretary of State.

Sec. 1204. Authorization of appropriations.

Sec. 1205. Conforming amendments.

Sec. 1206. References in law.

Sec. 1207. Effective date.

TITLE XIII—UNITED STATES INFORMATION AGENCY

Sec. 1301. Abolition.

Sec. 1302. References in law.

Sec. 1303. Amendments to title 5.

Sec. 1304. Amendments to United States Information and Educational Exchange

Act of 1948.

Sec. 1305. Amendments to the Mutual Educational and Cultural Exchange Act

of 1961 (Fulbright-Hays Act).

Sec. 1306. International broadcasting activities.

Sec. 1307. Television broadcasting to Cuba.

Sec. 1308. Radio broadcasting to Cuba.

Sec. 1309. National Endowment for Democracy.

Sec. 1310. United States Scholarship Program for developing countries.
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Sec. 1311. National Security Education Board.

Sec. 1312. Center for Cultural and Technical Interchange Between North and

South.

Sec. 1313. Center for Cultural and Technical Interchange Between East and

West.

Sec. 1314. Mission of the Department of State.

Sec. 1315. Consolidation of administrative services.

Sec. 1316. Grants.

Sec. 1317. Ban on domestic activities.

Sec. 1318. Conforming repeal to the Arms Control and Disarmament Act.

Sec. 1319. Repeal relating to procurement of legal services.

Sec. 1320. Repeal relating to payment of subsistence expenses.

Sec. 1321. Conforming amendment to the SEED Act.

Sec. 1322. International Cultural and Trade Center Commission.

Sec. 1323. Other laws referenced in Reorganization Plan No. 2 of 1977.

Sec. 1324. Exchange program with countries in transition from totalitarianism

to democracy.

Sec. 1325. Edmund S. Muskie Fellowship Program.

Sec. 1326. Implementation of Convention on Cultural Property.

Sec. 1327. Mike Mansfield Fellowships.

Sec. 1328. United States Advisory Committee for Public Diplomacy.

Sec. 1329. Effective date.

TITLE XIV—AGENCY FOR INTERNATIONAL DEVELOPMENT AND THE

INTERNATIONAL DEVELOPMENT COOPERATION AGENCY

Sec. 1401. Abolitions; references in part.

Sec. 1402. References in the Foreign Assistance Act of 1961.

Sec. 1403. Exercise of functions by the Secretary of State.

Sec. 1404. Repeal of positions; employment and contracting authorities.

Sec. 1405. Development Loan Committee.

Sec. 1406. Development Coordination Committee.

Sec. 1407. Public Law 83–480 Program.

Sec. 1408. Conforming amendments to title 5, United States Code.

Sec. 1409. Trade Promotion Coordinating Committee.

Sec. 1410. Chief Financial Officer.

Sec. 1411. References in law.

Sec. 1412. Effective date.

TITLE XV—PLANS FOR CONSOLIDATION AND REINVENTION OF

FOREIGN AFAIRS AGENCIES

Sec. 1501. Reorganization of the Department of State and the independent foreign affairs agencies.

TITLE XVI—TRANSITION PROVISIONS

Sec. 1601. Transfer of functions.

Sec. 1602. Determination of transferred functions and employees.

Sec. 1603. Reorganization plan for the United States Arms Control and Disarmament Agency.

Sec. 1604. Reorganization plan for the United States Information Agency.

Sec. 1605. Reorganization plan for the Agency for International Development.

Sec. 1606. Additional requirements and limitations on reorganization plans.

Sec. 1607. Amendments or modifications to reorganization plans.

Sec. 1608. Procedures for congressional consideration of reorganization plans.
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Sec. 1609. Transition fund.

Sec. 1610. Voluntary separation incentives.

Sec. 1611. Rights of employees of abolished agencies.

Sec. 1612. Transfer and allocations of appropriations and personnel.

Sec. 1613. Personnel authorities for transferred functions.

Sec. 1614. Property and facilities.

Sec. 1615. Delegation and assignment.

Sec. 1616. Rules.

Sec. 1617. Incidental transfers.

Sec. 1618. Effect on contracts and grants.

Sec. 1619. Savings provisions.

Sec. 1620. Separability.

Sec. 1621. Other transition authorities.

Sec. 1622. Additional conforming amendments.

Sec. 1623. Final report.

Sec. 1624. Definitions.

1 DIVISION A—FOREIGN RELA2 TIONS AUTHORIZATION ACT,

3 FISCAL YEARS 1996–1999

4 SEC. 101. SHORT TITLE.

5 This division may be cited as the ‘‘Foreign Relations

6 Authorization Act, Fiscal Years 1996–1999’’.

7 TITLE I—DEPARTMENT OF

8 STATE AND RELATED AGENCIES

9 CHAPTER 1—AUTHORIZATION OF

10 APPROPRIATIONS

11 SEC. 111. ADMINISTRATION OF FOREIGN AFFAIRS.

12 (a) IN GENERAL.—The following amounts are author13 ized to be appropriated for the Department of State under

14 the heading ‘‘Administration of Foreign Affairs’’ to carry

15 out the authorities, functions, duties, and responsibilities

16 in the conduct of the foreign affairs of the United States

17 and for other purposes authorized by law, including the

18 diplomatic security program:
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1 (1) DIPLOMATIC AND CONSULAR PROGRAMS.—

2 For ‘‘Diplomatic and Consular Programs’’, of the De3 partment of State $1,688,500,000 for the fiscal year

4 1996, $1,612,000,000 for the fiscal year 1997,

5 $1,867,500,000 for the fiscal year 1998, and

6 $1,856,000,000 for the fiscal year 1999.

7 (2) SALARIES AND EXPENSES.—For ‘‘Salaries

8 and Expenses’’, of the Department of State

9 $368,000,000 for the fiscal year 1996, $373,000,000

10 for the fiscal year 1997, $725,000,000 for the fiscal

11 year 1998, and $681,500,000 for the fiscal year 1999.

12 (3) ACQUISITION AND MAINTENANCE OF BUILD13 INGS ABROAD.—For ‘‘Acquisition and Maintenance of

14 Buildings Abroad’’, $401,760,000 for the fiscal year

15 1996, $401,760,000 for the fiscal year 1997,

16 $401,760,000 for the fiscal year 1998, and

17 $401,760,000 for the fiscal year 1999.

18 (4) REPRESENTATION ALLOWANCES.—For ‘‘Rep19 resentation Allowances’’, $4,500,000 for the fiscal year

20 1996, $4,500,000 for the fiscal year 1997, $4,500,000

21 for the fiscal year 1998, and $4,500,000 for the fiscal

22 year 1999.

23 (5) EMERGENCIES IN THE DIPLOMATIC AND CON24 SULAR SERVICE.—For ‘‘Emergencies in the Diplo25 matic and Consular Service’’, $6,000,000 for the fis-
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1 cal year 1996, $6,000,000 for the fiscal year 1997,

2 $6,000,000 for the fiscal year 1998, and $6,000,000

3 for the fiscal year 1999.

4 (6) OFFICE OF THE INSPECTOR GENERAL.—For

5 ‘‘Office of the Inspector General’’, $23,350,000 for the

6 fiscal year 1996, $23,000,000 for the fiscal year 1997,

7 $48,500,000 for the fiscal year 1998, and $48,500,000

8 for the fiscal year 1999.

9 (7) FOREIGN SERVICE RETIREMENT AND DIS10 ABILITY FUND.—For the ‘‘Foreign Service Retirement

11 and Disability Fund’’, $125,402,000 for the fiscal

12 year 1996, $125,402,000 for the fiscal year 1997,

13 $132,000,000 for the fiscal year 1998, and

14 $135,000,000 for the fiscal year 1999.

15 (8) PAYMENT TO THE AMERICAN INSTITUTE IN

16 TAIWAN.—For ‘‘Payment to the American Institute in

17 Taiwan’’, $15,400,000 for the fiscal year 1996,

18 $15,400,000 for the fiscal year 1997, $15,400,000 for

19 the fiscal year 1998, and $15,400,000 for the fiscal

20 year 1999.

21 (9) PROTECTION OF FOREIGN MISSIONS AND OF22 FICIALS.—For ‘‘Protection of Foreign Missions and

23 Officials’’, $8,579,000 for the fiscal year 1996,

24 $8,579,000 for the fiscal year 1997, $8,579,000 for the
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1 fiscal year 1998, and $8,579,000 for the fiscal year

2 1999.

3 (10) CAPITAL INVESTMENT FUND.—For the

4 ‘‘Capital Investment Fund’’, $32,800,000 for each of

5 the fiscal years 1996 and 1997 and $25,000,000 for

6 each of the fiscal years 1998 and 1999.

7 (11) ASIA FOUNDATION.—For ‘‘The Asia Foun8 dation’’, not more than $5,000,000 for the fiscal year

9 1996, and $3,000,000 for each of the fiscal years

10 1997, 1998, and 1999.

11 (12) REPATRIATION LOANS.—For ‘‘Repatriation

12 Loans’’, $776,000 for the fiscal year 1996 and

13 $700,000 for each of the fiscal years 1997, 1998, and

14 1999.

15 (b) FOREIGN CURRENCY EXCHANGE RATES.—In addi16 tion to amounts otherwise authorized to be appropriated by

17 subsection (a), there are authorized to be appropriated such

18 sums as may be necessary for each of the fiscal years 1996,

19 1997, 1998, and 1999 to offset adverse fluctuations in for20 eign currency exchange rates. Amounts appropriated under

21 this subsection shall be available for obligation and expendi22 ture only to the extent that the Director of the Office of

23 Management and Budget determines and certifies to Con24 gress that such amounts are necessary due to such fluctua25 tions.
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1 SEC. 112. MIGRATION AND REFUGEE ASSISTANCE.

2 (a) AUTHORIZATION OF APPROPRIATIONS.—

3 (1) MIGRATION AND REFUGEE ASSISTANCE.—

4 There are authorized to be appropriated for ‘‘Migra5 tion and Refugee Assistance’’ for authorized activities,

6 $721,000,000 for the fiscal year 1996, and

7 $721,000,000 for each of the fiscal years 1997, 1998,

8 and 1999.

9 (2) ALLOCATION OF FUNDS.—Of the funds au10 thorized to be appropriated by paragraph (1)—

11 (A) not less than $80,000,000 shall be made

12 available in the fiscal year 1996 for assistance

13 for refugees resettling in Israel from other coun14 tries; and

15 (B) not less than $50,000,000 for each of the

16 fiscal years 1996 and 1997 shall be made avail17 able for the Emergency Refugee and Migration

18 Assistance Fund under section 2(c) of the Migra19 tion and Refugee Assistance Act of 1962 (22

20 U.S.C. 2601(c)).

21 (b) AVAILABILITY OF FUNDS.—Funds appropriated

22 pursuant to subsection (a) are authorized to remain until

23 expended.
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1 CHAPTER 2—AUTHORITIES AND

2 ACTIVITIES

3 SEC. 121. LEASE-PURCHASE OF OVERSEAS PROPERTY.

4 (a) AUTHORITY FOR LEASE-PURCHASE.—Subject to

5 subsections (b) and (c), the Secretary is authorized to ac6 quire by lease-purchase such properties as are described in

7 subsection (b), if—

8 (1) the Secretary of State, and

9 (2) the Director of the Office of Management and

10 Budget,

11 certify and notify the appropriate committees of Congress

12 that the lease-purchase arrangement will result in a net cost

13 savings to the Federal Government when compared to a

14 lease, a direct purchase, or direct construction of com15 parable property.

16 (b) LOCATIONS AND LIMITATIONS.—The authority

17 granted in subsection (a) may be exercised only—

18 (1) to acquire appropriate housing for Depart19 ment of State personnel stationed abroad and for the

20 acquisition of other facilities, in locations in which

21 the United States has a diplomatic mission; and

22 (2) during fiscal years 1996 through 1999.

23 (c) AUTHORIZATION OF FUNDING.—Funds for lease24 purchase arrangements made pursuant to subsection (a)

25 shall be available from amounts appropriated under the au-
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1 thority of section 111(a)(3) (relating to the Acquisition and

2 Maintenance of Buildings Abroad’’ account).

3 SEC. 122. UNITED STATES EMBASSY BUILDING IN BERLIN,

4 GERMANY.

5 It is the sense of the Congress that the Secretary of

6 State should—

7 (1) utilize, as the United States Embassy to Ger8 many, property held by the United States Govern9 ment under the Foreign Service Building Act, 1926,

10 in the vicinity of the Brandenburg Gate in Berlin,

11 Germany; and

12 (2) be authorized to make any improvements

13 necessary.

14 SEC. 123. FEES FOR COMMERCIAL SERVICES.

15 Section 52 of the State Department Basic Authorities

16 Act of 1956 (22 U.S.C. 2724) is amended in subsection (b)

17 by adding the following new sentence at the end: ‘‘Such fees

18 shall remain available for obligation until expended.’’.

19 SEC. 124. REDUCTION OF REPORTING REQUIREMENTS.

20 (a) PERIOD FOR REPORTING.—Section 488(a)(3) of

21 the Foreign Assistance Act of 1961 (22 U.S.C. 2291g) is

22 amended by striking ‘‘quarter of the’’.

23 (b) REPEAL.—Section 503(b) of the Foreign Relations

24 Authorization Act, Fiscal Year 1979 (Public Law 95–426)

25 is repealed.
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1 SEC. 125. BUYING POWER MAINTENANCE ACCOUNT.

2 Section 24 of the State Department Basic Authorities

3 Act of 1956 (22 U.S.C. 2696) is amended in subsection

4 (b)(7) by striking subparagraph (D).

5 SEC. 126. CAPITAL INVESTMENT FUND.

6 Section 135 of the Foreign Relations Authorization

7 Act, Fiscal Years 1994 and 1995 (22 U.S.C. 2684a) is

8 amended—

9 (1) in subsection (a), by inserting ‘‘and up10 grade’’ after ‘‘procurement’’;

11 (2) in subsection (c), by striking ‘‘are authorized

12 to’’ and inserting ‘‘shall’’;

13 (3) in subsection (d), by striking all that follows

14 ‘‘available’’ and inserting ‘‘for the purposes of sub15 section (a).’’; and

16 (4) in subsection (e), by striking all that follows

17 ‘‘(22 U.S.C. 2710)’’ and before the period at the end.

18 SEC. 127. ADMINISTRATIVE EXPENSES.

19 Section 5 of the Migration and Refugee Assistance Act

20 of 1962 (22 U.S.C. 2605) is amended—

21 (1) in subsection (a)(1), by inserting before ‘‘,

22 and without regard’’ the following: ‘‘and other person23 nel assigned to the bureau charged with carrying out

24 this Act’’; and

25 (2) by striking subsection (c).
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1 SEC. 128. FEE FOR USE OF DIPLOMATIC RECEPTION

2 ROOMS.

3 Title I of the State Department Basic Authorities Act

4 of 1956 (22 U.S.C. 2651a et seq.) is amended by adding

5 at the end the following new section:

6 ‘‘SEC. 53. FEE FOR USE OF DIPLOMATIC RECEPTION ROOMS.

7 ‘‘The Secretary of State is authorized to charge a fee

8 for use of the Department of State diplomatic reception

9 rooms. Fees collected under the authority of this section

10 shall be deposited as an offsetting collection to any Depart11 ment of State appropriation to recover the costs of such use

12 and shall remain available for obligation until expended.’’.

13 SEC. 129. CONTRACTS AT POSTS ABROAD.

14 (a) AVOIDANCE OF DUPLICATIVE PROCUREMENTS.—A

15 contracting officer of an agency of the Federal Government

16 that performs functions at diplomatic and consular posts

17 abroad shall, to the maximum extent practicable, avoid en18 tering into a contract for procurement of property or serv19 ices that can be procured for that agency under an existing

20 contract, or by a modification (in accordance with sub21 section (b)) of an existing contract, of another agency of

22 the Federal Government that performs functions at diplo23 matic and consular posts abroad.

24 (b) MODIFICATION OF CONTRACTS.—Notwithstanding

25 any provision of law that requires the use of competitive

26 procedures in Federal Government procurements, a contract
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1 of an agency of the Federal Government performing func2 tions at diplomatic or consular posts abroad that has been

3 awarded using competitive procedures may be modified to

4 increase the quantity of the property or services to be pro5 cured under the contract in order to provide for procure6 ment of the property or services for another agency perform7 ing functions at diplomatic or consular posts abroad if the

8 cost to the United States of each unit of the property or

9 services procured under the contract is not increased by the

10 modification.

11 (c) DEFINITION.—For the purposes of this section, the

12 term ‘‘competitive procedures’’ has the meaning given that

13 term in section 4(5) of the Office of Federal Procurement

14 Policy Act (41 U.S.C. 403(5)).

15 SEC. 130. EXPENSES RELATING TO CERTAIN INTER16 NATIONAL CLAIMS AND PROCEEDINGS.

17 (a) RECOVERY OF CERTAIN EXPENSES.—The Depart18 ment of State Appropriation Act of 1937 (49 Stat. 1321;

19 22 U.S.C. 2661), as amended by section 142(b) of the For20 eign Relations Authorization Act, Fiscal Years 1988 and

21 1989 (Public Law 100–204)) is amended in the fifth undes22 ignated paragraph under the heading entitled ‘‘INTER23 NATIONAL FISHERIES COMMISSION’’ by striking ‘‘extraor24 dinary’’.
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1 (b) PROCUREMENT OF SERVICES.—Section 38 of the

2 State Department Basic Authorities Act of 1956 (22 U.S.C.

3 2710) is amended in subsection (c) by inserting ‘‘personal

4 and’’ before ‘‘other support services’’.

5 SEC. 131. DIPLOMATIC TELECOMMUNICATIONS SERVICE.

6 Section 507 of the Department of State and Related

7 Agencies Appropriations Act, 1995 (Public Law 103–317)

8 is amended in subsections (a) and (b) by striking ‘‘and each

9 succeeding fiscal year’’ each place it appears.

10 SEC. 132. DIPLOMATIC TELECOMMUNICATIONS SERVICE

11 PROGRAM OFFICE.

12 (a) FINDINGS.—The Congress makes the following

13 findings:

14 (1) The Diplomatic Telecommunications Service

15 Program Office (hereafter in this section referred to as

16 ‘‘DTS–PO’’) has made significant enhancements to

17 upgrade the worldwide DTS network with high speed,

18 high capacity circuitry as well as improvements at

19 United States embassies and consulates to enhance

20 utilization of the network.

21 (2) Notwithstanding the improvements that the

22 DTS–PO has made to the DTS network, the current

23 management structure needs to be strengthened to

24 provide a clearly delineated, accountable management

25 authority for the DTS–PO and the DTS network.
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1 (b) REPORT REQUIRED.—No later than three months

2 after the date of enactment of this Act, the two agencies

3 providing the greatest funding to DTS–PO shall submit to

4 the appropriate committees of Congress—

5 (1) a DTS–PO management plan—

6 (A) setting forth the organization, mission

7 and functions of each major element of the DTS–

8 PO; and

9 (B) designating an entity at each overseas

10 post, or providing a mechanism for the designa11 tion of such an entity, which will be responsible

12 for the day-to-day administration of the DTS–

13 PO operations; and

14 (2) a DTS–PO strategic plan containing—

15 (A) future customer requirements, validated

16 by the DTS customer organizations;

17 (B) a system configuration for the DTS net18 work which will meet the future telecommuni19 cations needs of the DTS customer agencies;

20 (C) a funding profile to achieve the system

21 configuration for the DTS network;

22 (D) a transition strategy to move to the sys23 tem configuration for the DTS network;
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1 (E) a reimbursement plan to cover the di2 rect and indirect costs of operating the DTS net3 work; and

4 (F) an allocation of funds to cover the costs

5 projected to be incurred by each of the agencies

6 or other entities utilizing DTS to maintain

7 DTS, to upgrade DTS, and to provide for future

8 demands for DTS.

9 (c) DEFINITION.—As used in this section, the term

10 ‘‘appropriate committees of Congress’’ means the Select

11 Committee on Intelligence, the Committee on Foreign Rela12 tions, and the Committee on Appropriations of the Senate

13 and the Permanent Select Committee on Intelligence, the

14 Committee on International Relations, and the Committee

15 on Appropriations of the House of Representatives.

16 SEC. 133. INTERNATIONAL CENTER RESERVE FUNDS.

17 Funds retained by the Secretary of State in the reserve

18 for maintenance and security established pursuant to sec19 tion 5 of the International Center Act (Public Law 90–533)

20 may be deposited in interest bearing accounts, and the Sec21 retary may retain for the purposes set forth in that section

22 any interest earned on such deposits without returning such

23 interest to the Treasury of the United States and without

24 further appropriation by the Congress.
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1 SEC. 134. JOINT FUNDS UNDER AGREEMENTS FOR CO2 OPERATION IN ENVIRONMENTAL, SCI3 ENTIFIC, CULTURAL AND RELATED AREAS.

4 In order to promote the maximum benefits from con5 tinued participation in international agreements in effect

6 as of the date of enactment of this Act for cooperation in

7 environmental, scientific, cultural and related areas, appro8 priated funds that have been made available in fiscal years

9 1995 and prior fiscal years under the Department of State’s

10 program of international environmental, scientific, and

11 cultural cooperation to joint funds or accounts under such

12 agreements may, to the extent specified within the agree13 ment, be deposited in interest bearing accounts prior to dis14 bursement of such funds for the purposes of the program.

15 Interest earned may be retained for use under such agree16 ments for program or administrative purposes, without re17 turning such interest to the Treasury of the United States

18 and without further appropriation by Congress.

19 SEC. 135. UNITED STATES DIPLOMATIC FACILITIES IN

20 KOSOVA.

21 The Secretary of State is authorized to lease or other22 wise acquire an office and residence in Pristina, Kosova,

23 for use by United States diplomatic or consular personnel.

24 SEC. 136. ANTIBRIBERY STUDY.

25 (a) FINDINGS.—The Congress finds that—
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1 (1) United States nationals and companies, and

2 their foreign subsidiaries, are prohibited from bribing

3 foreign officials under the Foreign Corrupt Practices

4 Act of 1977 (Public Law 95–213);

5 (2) United States trade competitors and nation6 als of other industrialized countries are not prohibited

7 by law from utilizing bribes in retaining or obtaining

8 foreign procurement contracts;

9 (3) some countries permit a deduction for income

10 tax purposes for bribes paid to secure foreign business;

11 (4) effective anticorruption statutes include

12 criminal, commercial, civil, and administrative laws

13 prohibiting bribery of foreign public officials, tax

14 laws which make bribery unprofitable, transparent

15 business accounting requirements that ensure proper

16 recording of relevant payments and appropriate in17 spection of such records, prohibitions on licenses, gov18 ernment procurement contracts, and public subsidies,

19 and substantial monetary fines for bribery;

20 (5) the Organization for Economic Cooperation

21 and Development passed a resolution on May 27,

22 1994, recommending that OECD Member states

23 ‘‘deter, prevent, and combat the bribery of foreign

24 public officials in connection with international busi25 ness transactions’’; and
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1 (6) these initiatives will help strengthen vibrant

2 international trade and export markets and ensure

3 fair competitive conditions for United States export4 ers.

5 (b) SENSE OF CONGRESS.—It is the sense of the Con6 gress that the United States should strongly urge universal

7 adoption of the principles set forth in the Foreign Corrupt

8 Practices Act of 1977 (Public Law 95–213) in order that

9 adopting countries implement effective means, in accord10 ance with the legal and jurisdictional principles of such

11 countries, of combating bribery of foreign public officials,

12 including the imposition of administrative, civil, and

13 criminal sanctions for such bribery.

14 (c) STUDY.—The Secretary of State shall conduct a

15 study to develop, in consultation with the Secretary of Com16 merce, the Director of the Central Intelligence Agency, the

17 Agency for International Development, the Overseas Private

18 Investment Corporation, the Trade and Development Agen19 cy, and the Export-Import Bank of the United States, pro20 posals to end the discrimination against United States ex21 ports that result from bribery and corruption in inter22 national business transactions.

23 (d) REPORT.—The Secretary of State shall submit a

24 report containing the proposals developed under subsection

25 (c) to the Committee on Foreign Relations of the Senate
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1 and the Committee on International Relations of the House

2 of Representatives not later than 90 days after the date of

3 enactment of this Act. The report and proposals provided

4 to such committees shall—

5 (1) take into account, discuss, and analyze the

6 laws of our ten primary trade competitors which gov7 ern bribery and corruption in overseas business trans8 actions, and include recommendations for the imple9 mentation of the resolution on bribery passed by the

10 Organization for Economic Cooperation and Develop11 ment on May 27, 1994;

12 (2) include specific recommendations for the uni13 versal adoption of the principles set forth in the For14 eign Corrupt Practices Act of 1977 (Public Law 95–

15 213);

16 (3) analyze the feasibility of United States em17 bassies assisting United States businesses when com18 peting for overseas contracts by disclosing informa19 tion about bribery or corruption of other foreign na20 tionals competing for the contract; and

21 (4) make recommendations for any legislation

22 which may be necessary or appropriate to carry out

23 such proposals.

24 (e) DEFINITION.—For the purposes of this section, the

25 term ‘‘bribery’’, in the case of a corporation, means the di-
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1 rect or indirect offer or provision by the corporation of any

2 undue pecuniary or other advantage to or for an individual

3 in order to procure business and business contract for the

4 corporation or its subsidiaries.

5 SEC. 137. BUDGET ACT COMPLIANCE.

6 The authorities contained in the amendments made in

7 sections 121, 123, 125, 128, 130, 133, 134, 148, 161, and

8 163 of this Act may be exercised only to the extent or in

9 the amounts provided in appropriations Acts.

10 CHAPTER 3—PERSONNEL

11 SEC. 141. AUTHORIZED STRENGTH OF THE FOREIGN

12 SERVICE.

13 (a) END FISCAL YEAR 1996 LEVELS.—The number of

14 members of the Foreign Service authorized to be employed

15 as of September 30, 1996—

16 (1) for the Department of State, shall not exceed

17 8,700, of whom not more than 740 shall be members

18 of the Senior Foreign Service;

19 (2) for the United States Information Agency,

20 shall not exceed 900, of whom not more than 155 shall

21 be members of the Senior Foreign Service; and

22 (3) for the Agency for International Develop23 ment, shall not exceed 900, of whom not more than

24 125 shall be members of the Senior Foreign Service.
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1 (b) END FISCAL YEAR 1997 LEVELS.—The number of

2 members of the Foreign Service authorized to be employed

3 as of September 30, 1997—

4 (1) for the Department of State, shall not exceed

5 8,500, of whom not more than 700 shall be members

6 of the Senior Foreign Service;

7 (2) for the United States Information Agency,

8 shall not exceed 800, of whom not more than 140 shall

9 be members of the Senior Foreign Service; and

10 (3) for the Agency for International Develop11 ment, shall not exceed 650, of whom not more than

12 75 shall be members of the Senior Foreign Service.

13 (c) DEFINITION.—For the purposes of this section, the

14 term ‘‘members of the Foreign Service’’ is used within the

15 meaning of such term under section 103 of the Foreign

16 Service Act of 1980 (22 U.S.C 3903), except that such term

17 does not include—

18 (1) members of the Service under paragraphs (6)

19 and (7) of such section;

20 (2) members of the Service serving under tem21 porary resident appointments abroad;

22 (3) members of the Service employed on less than

23 a full-time basis;

24 (4) members of the Service subject to involuntary

25 separation in cases in which such separation has been
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1 suspended pursuant to section 1106(8) of the Foreign

2 Service Act of 1980; and

3 (5) members of the Service serving under non-ca4 reer limited appointments.

5 (d) EXCEPTIONS.—(1)(A) Except as provided in sub6 paragraph (B), the numerical limitations contained in sub7 sections (a) and (b) shall not apply to Foreign Service per8 sonnel serving under noncareer limited appointments.

9 (B) The number of Foreign Service personnel serving

10 under noncareer limited appointments may not exceed—

11 (i) for fiscal year 1996, 5 percent of the aggre12 gate numerical limitation on members of the Foreign

13 Service contained in subsection (a); and

14 (ii) for each of the fiscal years 1997, 1998, and

15 1999, 7 percent of the aggregate numerical limitation

16 on members of the Foreign Service contained in sub17 section (a).

18 (2) The Secretary of State is encouraged to utilize For19 eign Service personnel serving under noncareer limited ap20 pointments to perform duties relating to—

21 (A) export promotion and trade;

22 (B) information management systems; and

23 (C) the provision of medical services.

24 (3) Notwithstanding any other provision of law, the

25 Secretary of State may terminate the appointment of any
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1 member of the Foreign Service serving under a noncareer

2 limited appointment before the expiration of the period of

3 the appointment.

4 SEC. 142. RESTRICTION ON LOBBYING ACTIVITIES OF

5 FORMER UNITED STATES CHIEFS OF MIS6 SION.

7 Section 207(d)(1) of title 18, United States Code, is

8 amended—

9 (1) by striking ‘‘or’’ at the end of subparagraph

10 (B);

11 (2) in subparagraph (C), by inserting ‘‘or’’ after

12 ‘‘title 3,’’; and

13 (3) by inserting after subparagraph (C) the fol14 lowing new subparagraph:

15 ‘‘(D) serves in the position of chief of mis16 sion (as defined in section 102(3) of the Foreign

17 Service Act of 1980),’’.

18 SEC. 143. FOREIGN SERVICE GROUNDING IN UNITED

19 STATES BUSINESS.

20 It is the sense of the Congress that the Secretary of

21 State, in consultation with the Secretary of Commerce,

22 should require the National Center for Humanities, Edu23 cation, Languages, and Management Studies, as redesig24 nated by section 152 of this Act, to significantly increase

25 the emphasis on commercial activity, export promotion,
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1 and trade in carrying out its core programs and should

2 offer additional classes in such subjects.

3 SEC. 144. FOREIGN AFFAIRS ADMINISTRATIVE SUPPORT.

4 (a) AUTHORIZATION.—The Secretary of State, after

5 consulting with the heads of the other United States Govern6 ment agencies maintaining personnel overseas, is author7 ized to establish a financial system by which the Depart8 ment of State is reimbursed by other agencies of the United

9 States Government that maintain an overseas presence for

10 the incremental expenses incurred by the Department in

11 providing administrative support to such agencies at Unit12 ed States posts abroad.

13 (b) ESTABLISHMENT OF A COMMITTEE.—The Presi14 dent shall establish an interagency committee consisting of

15 representatives from United States Government agencies

16 maintaining a significant number of personnel overseas

17 and headed by the Secretary of State, for the purpose of

18 implementing subsection (a). The committee shall develop

19 rules and regulations governing—

20 (1) a dispute settlement mechanism to resolve

21 interagency disputes over the provision of administra22 tive services at posts abroad and over reimbursement

23 levels; and

24 (2) formulas for cost-assessment formulation, ei25 ther on a per capita basis or on a fee-for-service basis
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1 with the following principle: all direct and indirect

2 costs should be fully recovered by the Department, in3 cluding services such as the Community Liaison Offi4 cer, building operating expenses and local guards,

5 and such other expenses as the committee determines

6 necessary to be covered.

7 (c) WORKING CAPITAL FUND.—There is hereby estab8 lished on the books at the Treasury an account into which

9 the Secretary of State may deposit payments received from

10 any United States agency participating in the financial

11 system established under subsection (a). Amounts in the ac12 count shall be available without fiscal year limitation.

13 SEC. 145. FOREIGN SERVICE REFORM.

14 (a) APPOINTMENTS BY THE PRESIDENT.—Section

15 302(b) of the Foreign Service Act of 1980 (22 U.S.C.

16 3942(b)) is amended in the second sentence—

17 (1) by striking ‘‘may elect to’’ and inserting

18 ‘‘shall’’; and

19 (2) by striking ‘‘Service,’’ and all that follows

20 and inserting ‘‘Service.’’.

21 (b) PERFORMANCE PAY.—Section 405 of the Foreign

22 Service Act of 1980 (22 U.S.C. 3965) is amended—

23 (1) in subsection (a), by striking ‘‘Members’’ and

24 inserting ‘‘Subject to subsection (e), members’’; and
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1 (2) by adding at the end the following new sub2 section:

3 ‘‘(e) Notwithstanding any other provision of law, the

4 Secretary of State may provide for recognition of the meri5 torious or distinguished service of a member of the Foreign

6 Service described in subsection (a) (including members of

7 the Senior Foreign Service) by means other than an award

8 of performance pay in lieu of making such an award under

9 this section.’’.

10 (c) EXPEDITED SEPARATION OUT.—The Secretary of

11 State shall develop and implement not later than 90 days

12 after the date of enactment of this Act procedures to iden13 tify, and recommend for separation, members of the Foreign

14 Service ranked by promotion boards in the bottom five per15 cent of their class for any two of the five preceding years.

16 (d) UNIFORM ADMINISTRATION OF THE FOREIGN

17 SERVICE.—(1) Section 101(b)(9) of the Foreign Service Act

18 of 1980 (22 U.S.C. 3901(b)(9)) is amended to read as fol19 lows:

20 ‘‘(9) establishing a consolidated and uniform ad21 ministration of a single Foreign Service of the United

22 States by the Director General of the Foreign Service,

23 under the direction of the President and the Secretary

24 of State; and’’.
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1 (2) Section 203(a) of the Foreign Service Act of 1980

2 (22 U.S.C. 3923(a)) is amended by amending the first sen3 tence to read as follows: ‘‘There is one Foreign Service, and

4 any agency that seeks to utilize the authorities of the For5 eign Service Act of 1980 shall do so in strict conformance

6 with the common standards and procedures set out by the

7 Director General of the Foreign Service under the authority

8 of the Secretary of State.’’.

9 SEC. 146. LIMITATIONS ON MANAGEMENT ASSIGNMENTS.

10 Section 1017(e)(2) of the Foreign Service Act of 1980

11 (22 U.S.C. 4117(e)(2)) is amended to read as follows:

12 ‘‘(2) For the purposes of paragraph (1)(A)(ii) and

13 paragraph (1)(B), the term ‘management official’ does not

14 include chiefs of mission, principal officers or their depu15 ties, administrative and personnel officers abroad, or indi16 viduals described in section 1002(12) (B), (C), and (D) who

17 are not involved in the administration of this chapter or

18 in the formulation of the personnel policies and programs

19 of the Department.’’.

20 SEC. 147. REPORT ON PROMOTION AND RETENTION OF

21 PERSONNEL.

22 Section 601(c)(4) of the Foreign Service Act of 1980

23 (22 U.S.C. 4001(c)(4)) is amended—

24 (1) by striking ‘‘and’’ at the end of subpara25 graph (B);
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1 (2) by striking the period at the end of subpara2 graph (C) and inserting ‘‘; and’’; and

3 (3) by adding at the end the following new sub4 paragraph:

5 ‘‘(D) include on a biannual basis the comments

6 of the Inspector General for Foreign Affairs with re7 spect to the adequacy of the report on the matters de8 scribed in this paragraph.’’.

9 SEC. 148. RECOVERY OF COSTS OF HEALTH CARE SERVICES.

10 (a) AUTHORITIES.—Section 904 of the Foreign Service

11 Act of 1980 (22 U.S.C. 4084) is amended—

12 (1) in subsection (a), by striking ‘‘and’’ before

13 ‘‘members of the families of such members and em14 ployees’’ and inserting before the period ‘‘, and (for

15 care provided abroad) such other persons as are des16 ignated by the Secretary of State, except that such

17 persons shall be considered persons other than covered

18 beneficiaries for purposes of subsections (g) and (h)’’;

19 (2) in subsection (d), by inserting ‘‘, subject to

20 the provisions of subsections (g) and (h)’’ before the

21 period; and

22 (3) by adding at the end the following new sub23 sections:

24 ‘‘(g)(1) In the case of a person who is a covered bene25 ficiary, the Secretary of State is authorized to collect from
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1 a third party payer the reasonable costs incurred by the

2 Department of State on behalf of such person for health care

3 services to the same extent that the covered beneficiary

4 would be eligible to receive reimbursement or indemnifica5 tion from the third party payer for such costs.

6 ‘‘(2) If the insurance policy, plan, contract, or similar

7 agreement of that third party payer includes a requirement

8 for a deductible or copayment by the beneficiary of the plan,

9 then the Secretary of State may collect from the third party

10 payer only the reasonable cost of the care provided less the

11 deductible or copayment amount.

12 ‘‘(3) A covered beneficiary shall not be required to pay

13 any deductible or copayment for health care services under

14 this subsection.

15 ‘‘(4) No provision of any insurance, medical service,

16 or health plan contract or agreement having the effect of

17 excluding from coverage or limiting payment of charges for

18 care in the following circumstances shall operate to prevent

19 collection by the Secretary of State under paragraph (1):

20 ‘‘(A) Care provided directly or indirectly by a

21 governmental entity.

22 ‘‘(B) Care provided to an individual who has

23 not paid a required deductible or copayment.

24 ‘‘(C) Care provided by a provider with which the

25 third party payer has no participation agreement.
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1 ‘‘(5) No law of any State, or of any political subdivi2 sion of a State, and no provision of any contract or agree3 ment, shall operate to prevent or hinder recovery or collec4 tion by the United States under this section.

5 ‘‘(6) As to the authority provided in paragraph (1)

6 of this subsection—

7 ‘‘(A) the United States shall be subrogated to

8 any right or claim that the covered beneficiary may

9 have against a third party payer;

10 ‘‘(B) the United States may institute and pros11 ecute legal proceedings against a third party payer to

12 enforce a right of the United States under this sub13 section; and

14 ‘‘(C) the Secretary may compromise, settle, or

15 waive a claim of the United States under this sub16 section.

17 ‘‘(7) The Secretary shall prescribe regulations for the

18 administration of this subsection and subsection (h). Such

19 regulations shall provide for computation of the reasonable

20 cost of health care services.

21 ‘‘(8) Regulations prescribed under this subsection shall

22 provide that medical records of a covered beneficiary receiv23 ing health care under this subsection shall be made avail24 able for inspection and review by representatives of the

25 payer from which collection by the United States is sought
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1 for the sole purposes of permitting the third party to ver2 ify—

3 ‘‘(A) that the care or services for which recovery

4 or collection is sought were furnished to the covered

5 beneficiary; and

6 ‘‘(B) that the provision of such care or services

7 to the covered beneficiary meets criteria generally ap8 plicable under the health plan contract involved, ex9 cept that this subsection shall be subject to the provi10 sions of paragraphs (2) and (4).

11 ‘‘(9) Amounts collected under this subsection or under

12 subsection (h) from a third party payer or from any other

13 payer shall be deposited as an offsetting collection to any

14 Department of State appropriation and shall remain avail15 able until expended.

16 ‘‘(10) In this section:

17 ‘‘(A) The term ‘covered beneficiary’ means an in18 dividual eligible to receive health care under this sec19 tion whose health care costs are to be paid by a third

20 party payer under a contractual agreement with such

21 payer.

22 ‘‘(B) The term ‘services’ as used in ‘health care

23 services’ includes products.

24 ‘‘(C) The term ‘third party payer’ means an en25 tity that provides a fee-for-service insurance policy,
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1 contract or similar agreement through the Federal

2 Employees Health Benefit program, under which the

3 expenses of health care services for individuals are

4 paid.

5 ‘‘(h) In the case of a person, other than a covered bene6 ficiary, who receives health care services pursuant to this

7 section, the Secretary of State is authorized to collect from

8 such person the reasonable costs of health care services in9 curred by the Department of State on behalf of such person.

10 The United States shall have the same rights against per11 sons subject to the provisions of this subsection as against

12 third party payers covered by subsection (g).’’.

13 (b) EFFECTIVE DATE.—The authorities of this section

14 shall be effective beginning October 1, 1996.

15 SEC. 149. NONOVERTIME DIFFERENTIAL PAY.

16 Title 5 of the United States Code is amended—

17 (1) in section 5544(a), by inserting after the

18 fourth sentence the following new sentence: ‘‘For em19 ployees serving outside the United States in areas

20 where Sunday is a routine workday and another day

21 of the week is officially recognized as the day of rest

22 and worship, the Secretary of State may designate the

23 officially recognized day of rest and worship as the

24 day with respect to which additional pay is author25 ized by the preceding sentence.’’; and
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1 (2) at the end of section 5546(a), by adding the

2 following new sentence: ‘‘For employees serving out3 side the United States in areas where Sunday is a

4 routine workday and another day of the week is offi5 cially recognized as the day of rest and worship, the

6 Secretary of State may designate the officially recog7 nized day of rest and worship as the day with respect

8 to which additional pay is authorized by the preced9 ing sentence.’’.

10 SEC. 150. ACCESS TO RECORDS.

11 Section 1108 of the Foreign Service Act of 1980 (22

12 U.S.C. 4138) is amended by adding at the end the following

13 new subsection:

14 ‘‘(f) As used in this section, the term ‘‘agency records’’

15 does not include records created or maintained by the Office

16 of the Inspector General of the employing agency. That Of17 fice may, in its discretion, provide the Board records or

18 information relevant to a grievance.’’.

19 SEC. 151. TRAINING.

20 Section 701 of the Foreign Service Act of 1980 (22

21 U.S.C. 4021) is amended—

22 (1) by redesignating subsection (d)(4) as sub23 section (g); and

24 (2) by inserting after subsection (d)(3) the fol25 lowing new subsections:
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1 ‘‘(e)(1) The Secretary is authorized to provide appro2 priate training through the institution to employees of

3 United States companies that are engaged in business

4 abroad, and to the families of such employees, when such

5 training is in the national interest of the United States.

6 ‘‘(2) In the case of companies that are under contract

7 to provide services to the Department of State, the Secretary

8 is authorized to provide job-related training to the compa9 nies’ employees who are performing such services.

10 ‘‘(3) Training under this subsection shall be on a reim11 bursable or advance-of-funds basis. Such reimbursements or

12 advances shall be credited to the currently available appli13 cable appropriation account.

14 ‘‘(4) Training under this subsection is authorized only

15 to the extent that it will not interfere with the institution’s

16 primary mission of training employees of the Department

17 and of other agencies in the field of foreign relations.

18 ‘‘(f)(1) The Secretary is authorized to provide on a re19 imbursable basis foreign language training programs to

20 Members of Congress.

21 ‘‘(2) Nonexecutive branch staff members may partici22 pate on reimbursable, space-available basis in foreign lan23 guage programs offered by the institution.
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1 ‘‘(3) Reimbursements collected under this subsection

2 shall be credited to the currently available applicable appro3 priation account.’’.

4 SEC. 152. REDESIGNATION OF NATIONAL FOREIGN AFFAIRS

5 TRAINING CENTER.

6 The National Foreign Affairs Training Center is here7 by redesignated as the ‘‘National Center for Humanities,

8 Education, Languages, and Management Studies’’.

9 CHAPTER 4—CONSULAR AND RELATED

10 ACTIVITIES

11 SEC. 161. FEE FOR DIVERSITY IMMIGRANT LOTTERY.

12 The Secretary of State may establish a fee to be paid

13 by each immigrant issued a visa under subsection (c) of

14 section 203 of the Immigration and Nationality Act (8

15 U.S.C. 1153(c)). Such fee may be set at a level so as to

16 cover the full cost to the Department of State of administer17 ing that subsection, including the cost of processing all ap18 plications thereunder. All such fees collected shall be depos19 ited as an offsetting collection to any Department of State

20 appropriation and shall remain available for obligation

21 until expended. The provisions of the Act of August 18, 1856

22 (Rev. Stat. 1726–28; 22 U.S.C. 4212–14), concerning ac23 counting for consular fees, shall not apply to fees collected

24 pursuant to this section.
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1 SEC. 162. FEE FOR EXECUTION OF PASSPORT APPLICA2 TIONS.

3 Section 1 of the Act of June 4, 1920 (41 Stat. 750;

4 22 U.S.C. 214) is amended by—

5 (1) inserting before the period at the end of the

6 first sentence the following: ‘‘; except that the Sec7 retary of State may by regulation authorize State of8 ficials or the United States Postal Service to collect

9 and retain the execution fee for each application for

10 a passport accepted by such officials or by that Serv11 ice’’; and

12 (2) striking the second sentence.

13 SEC. 163. FEES FOR MACHINE READABLE VISAS.

14 The Secretary of State is authorized to collect amounts

15 under paragraph (1) of section 140(a) of the Foreign Rela16 tions Authorization Act, Fiscal Years 1994 and 1995 (Pub17 lic Law 103–236; 8 U.S.C. 1351), not to exceed

18 $150,000,000 for each of the fiscal years 1996, 1997, 1998,

19 and 1999.

20 SEC. 164. CHILDREN ADOPTED ABROAD.

21 Section 101(b) of the Immigration and Nationality

22 Act (8 U.S.C. 1101(b)) is amended—

23 (1) in paragraph (1)(A), by striking ‘‘legitimate

24 child’’ and inserting ‘‘child born in wedlock’’; and
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1 (2) in paragraphs (1)(D) and (2), by striking

2 ‘‘an illegitimate child’’ each time it appears and in3 serting ‘‘a child born out of wedlock’’.

4 SEC. 165. CONSULAR OFFICERS.

5 (a) PERSONS AUTHORIZED TO ISSUE REPORTS OF

6 BIRTHS ABROAD.—Section 33 of the State Department

7 Basic Authorities Act of 1956 (22 U.S.C. 2705) is amended

8 in paragraph (2) by adding at the end the following: ‘‘For

9 purposes of this paragraph, a consular officer shall include

10 any United States citizen employee of the Department of

11 State designated by the Secretary of State to adjudicate na12 tionality abroad pursuant to such regulations as the Sec13 retary may prescribe.’’.

14 (b) PROVISIONS APPLICABLE TO CONSULAR OFFI15 CERS.—Section 31 of the Act of August 18, 1856 (Rev. Stat.

16 1689; 22 U.S.C. 4191), is amended by inserting after ‘‘such

17 officers’’ the following: ‘‘and to such other United States cit18 izen employees of the Department of State as may be des19 ignated by the Secretary of State pursuant to such regula20 tions as the Secretary may prescribe’’.

21 (c) PERSONS AUTHORIZED TO AUTHENTICATE FOR22 EIGN DOCUMENTS.—Section 3492(c) of title 18 of the Unit23 ed States Code is amended by adding at the end the follow24 ing: ‘‘For purposes of this section and sections 3493 through

25 3496 of this title, a consular officer shall include any Unit-
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1 ed States citizen employee of the Department of State des2 ignated to perform notarial functions pursuant to section

3 24 of the Act of August 18, 1856 (Rev. Stat. 1750; 22 U.S.C.

4 4221).’’.

5 (d) PERSONS AUTHORIZED TO ADMINISTER OATHS.—

6 Section 115 of title 35 of the United States Code is amended

7 by adding at the end the following: ‘‘For purposes of this

8 section, a consular officer shall include any United States

9 citizen employee of the Department of State designated to

10 perform notarial functions pursuant to section 24 of the Act

11 of August 18, 1856 (Rev. Stat. 1750; 22 U.S.C. 4221).’’.

12 (e) DEFINITION OF CONSULAR OFFICER.—Section

13 101(a)(9) of the Immigration and Nationality Act (8

14 U.S.C. 1101(a)(9)) is amended by adding at the end the

15 following new sentence: ‘‘As used in title III, the term ‘‘con16 sular officer’’ includes any United States citizen employee

17 of the Department of State designated by the Secretary of

18 State to adjudicate nationality abroad pursuant to such

19 regulations as the Secretary may prescribe.’’.

20 SEC. 166. EXCLUSION FROM THE UNITED STATES FOR MEM21 BERSHIP IN A TERRORIST ORGANIZATION.

22 Section 212(a)(3)(B) of the Immigration and Nation23 ality Act (8 U.S.C. 1182(a)(3)(B)) is amended—

24 (1) by striking ‘‘or’’ at the end of clause (i)(I);

25 (2) by inserting ‘‘or’’ at the end of clause (i)(II);
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1 (3) by inserting after clause (i)(II) the following

2 new subclause:

3 ‘‘(III) is a member of a terrorist

4 organization or who actively supports

5 or advocates terrorist activity,’’; and

6 (4) by adding at the end the following new

7 clause:

8 ‘‘(iv) TERRORIST ORGANIZATION DE9 FINED.—As used in this subparagraph, the

10 term ‘terrorist organization’ means an orga11 nization that engages in, or has engaged in,

12 terrorist activity as determined by the At13 torney General, in consultation with the

14 Secretary of State.’’.

15 SEC. 167. INCITEMENT AS A BASIS FOR EXCLUSION FROM

16 THE UNITED STATES.

17 (a) IN GENERAL.—Section 212(a)(3)(B) of the Immi18 gration and Nationality Act (8 U.S.C. 1182(a)(3)(B)), as

19 amended by this Act, is further amended—

20 (1) by striking ‘‘or’’ at the end of clause (i)(II);

21 (2) in clause (i)(III) by inserting ‘‘or’’ at the

22 end; and

23 (3) by inserting after clause (i)(III) the following

24 new subclause:
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1 ‘‘(IV) has advocated terrorism or has

2 incited targeted racial vilification or has

3 advocated the death or destruction of United

4 States citizens, United States Government

5 officials, or the overthrow of the United

6 States Government,’’.

7 (b) EFFECTIVE DATE.—The amendments made by sub8 section (a) shall apply to aliens seeking to enter the United

9 States on or after the date of enactment of this Act.

10 SEC. 168. VISIT OF THE PRESIDENT OF THE REPUBLIC OF

11 CHINA ON TAIWAN.

12 Notwithstanding any other provision of law, the Presi13 dent of the Republic of China on Taiwan shall be admitted

14 to the United States for a visit in 1995 with all appropriate

15 courtesies.

16 SEC. 169. TERRORIST LOOKOUT COMMITTEES.

17 (a) ESTABLISHMENT.—(1) Not later than 30 days

18 after the date of enactment of this Act, the Secretary of

19 State shall establish within each United States Embassy a

20 Terrorist Lookout Committee, which shall include the head

21 of the political section and senior representatives of all

22 United States law enforcement agencies and all elements

23 of the intelligence community under the authority of the

24 chief of mission.
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1 (2) Each Committee shall be chaired by the respective

2 deputy chief of mission, with the head of the consular sec3 tion as vice chair.

4 (b) MEETINGS.—Each Terrorist Lookout Committee

5 established under subsection (a) shall meet at least monthly

6 and shall maintain records of its meetings. Upon the com7 pletion of each meeting, each Committee shall report to the

8 Department of State all names submitted for inclusion in

9 the visa lookout system.

10 (c) CERTIFICATION.—If no names are submitted upon

11 completion of a meeting under subsection (b), the deputy

12 chief of mission shall certify to the Secretary of State, sub13 ject to potential application the Accountability Review

14 Board provisions of title III of the Omnibus Diplomatic

15 Security and Antiterrorism Act of 1986, that none of the

16 relevant sections of the United States Embassy had knowl17 edge of the identity of any individual eligible for inclusion

18 in the visa lookout system for possible terrorist activity.

19 (d) REPORT.—The Secretary of State shall submit a

20 report on a quarterly basis to the Committee on Foreign

21 Relations of the Senate and the Committee on International

22 Relations of the House of Representatives on the status of

23 the Terrorist Lookout Committees.
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1 SEC. 170. SENSE OF CONGRESS ON BORDER CROSSING

2 FEES.

3 (a) FINDINGS.—The Congress finds that—

4 (1) in the budget of the United States for fiscal

5 year 1996 that was submitted to Congress, the Presi6 dent proposed to impose and collect a border crossing

7 fee for individuals and vehicles entering the United

8 States;

9 (2) both the Canadian and Mexican governments

10 have expressed opposition to the imposition and col11 lection of such a fee and have raised the possibility

12 of imposing retaliatory border crossing fees of their

13 own;

14 (3) the imposition and collection of such a fee

15 would have adverse affects on tourism and commerce

16 that depend on travel across the borders of the United

17 States;

18 (4) the imposition and collection of such a fee

19 would have such effects without addressing illegal im20 migration in a meaningful way;

21 (5) on February 22, 1995, the President modified

22 his proposal making the imposition of the new fees

23 voluntary on United States border States (but tied the

24 availability of Federal funds to improve border cross25 ing infrastructure on their willingness to impose such

26 fees); and
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1 (6) on May 4, 1995, the President further modi2 fied the border crossing fee proposal in immigration

3 control legislation he submitted to Congress setting a

4 $1.50 per car and $.75 per pedestrian fee structure.

5 (b) SENSE OF THE CONGRESS.—It is the sense of the

6 Congress that the United States Government should not im7 pose or collect a border crossing fee along its borders with

8 Canada and Mexico.

9 TITLE II—UNITED NATIONS

10 CHAPTER 1—FUNDING; BUDGETARY AND

11 MANAGEMENT REFORM

12 SEC. 201. ASSESSED CONTRIBUTIONS TO THE UNITED NA13 TIONS AND AFFILIATED AGENCIES.

14 There are authorized to be appropriated under the

15 heading ‘‘Assessed Contributions to the United Nations and

16 other International Organizations’’ (previously known as

17 ‘‘Contributions to International Organizations’’)

18 $777,000,000 for each of the fiscal years 1996, 1997, 1998,

19 and 1999 for the Department of State to carry out the au20 thorities, functions, duties, and responsibilities in the con21 duct of the foreign affairs of the United States with respect

22 to the United Nations, its affiliated agencies, and other

23 international organizations and to carry out other authori24 ties in law consistent with such purposes.
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1 SEC. 202. ASSESSED CONTRIBUTIONS FOR INTERNATIONAL

2 PEACEKEEPING ACTIVITIES.

3 There are authorized to be appropriated for ‘‘Contribu4 tions for International Peacekeeping Activities’’,

5 $445,000,000 for the fiscal year 1996, $375,000,000 for the

6 fiscal year 1997, $300,000,000 for the fiscal year 1998, and

7 $210,000,000 for the fiscal year 1999 for the Department

8 of State to carry out the authorities, functions, duties, and

9 responsibilities in the conduct of the foreign affairs of the

10 United States with respect to international peacekeeping

11 activities and to carry out other authorities in law consist12 ent with such purposes.

13 SEC. 203. CALCULATION OF ASSESSED CONTRIBUTIONS.

14 It is the sense of the Congress that the United Nations

15 General Assembly should reformulate the percentage shares

16 of total assessed contributions to the United Nations pay17 able by the member nations to reflect each nation’s share

18 of the total world gross national product.

19 SEC. 204. REFORM IN BUDGET DECISIONMAKING PROCE20 DURES OF THE UNITED NATIONS AND ITS

21 SPECIALIZED AGENCIES.

22 (a) ASSESSED CONTRIBUTIONS.—The President may

23 withhold 20 percent of the funds appropriated pursuant to

24 section 111 for the United States assessed contribution to

25 the United Nations, or to any of its specialized agencies,

26 for any calendar year, if the Secretary of State determines
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1 that the United Nations or any such agency has failed to

2 implement or to continue to implement consensus-based de3 cisionmaking procedures on budgetary matters which assure

4 that sufficient attention is paid to the views of the United

5 States and other member states who are major financial

6 contributors to such assessed budgets.

7 (b) NOTICE TO CONGRESS.—The President shall notify

8 the Congress when a decision is made to withhold any share

9 of the United States assessed contribution to the United Na10 tions or its specialized agencies pursuant to subsection (a)

11 and shall notify the Congress when the decision is made

12 to pay any previously withheld assessed contribution. A no13 tification under this subsection shall include appropriate

14 consultation between the President (or the President’s rep15 resentative) and the Committee on International Relations

16 of the House of Representatives and the Committee on For17 eign Relations of the Senate.

18 (c) REPORT TO CONGRESS.—Not later than February

19 1 of each year, the President shall submit to the Congress

20 a report concerning the amount of United States assessed

21 contributions paid to the United Nations and each of its

22 specialized agencies during the preceding calendar year.
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1 SEC. 205. UNITED NATIONS BUDGETARY AND MANAGEMENT

2 REFORM.

3 (a) IN GENERAL.—The United Nations Participation

4 Act of 1945 (22 U.S.C. 287 et seq.) is amended by adding

5 at the end the following new section:

6 ‘‘SEC. 10. UNITED NATIONS BUDGETARY AND MANAGEMENT

7 REFORM.

8 ‘‘(a) WITHHOLDING OF CONTRIBUTIONS.—

9 ‘‘(1) ASSESSED CONTRIBUTIONS FOR REGULAR

10 UNITED NATIONS BUDGET.—At the beginning of each

11 fiscal year, 20 percent of the amount of funds made

12 available for that fiscal year for United States as13 sessed contributions for the regular United Nations

14 budget shall be withheld from obligation and expendi15 ture unless a certification for that fiscal year has been

16 made under subsection (b).

17 ‘‘(2) ASSESSED CONTRIBUTIONS FOR UNITED NA18 TIONS PEACEKEEPING.—At the beginning of each fis19 cal year, 50 percent of the amount of funds made

20 available for that fiscal year for United States as21 sessed contributions for United Nations peacekeeping

22 activities shall be withheld from obligation and ex23 penditure unless a certification for that fiscal year

24 has been made under subsection (b).

25 ‘‘(3) VOLUNTARY CONTRIBUTIONS FOR UNITED

26 NATIONS PEACEKEEPING.—The United States may
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1 not during any fiscal year pay any voluntary con2 tribution to the United Nations for international

3 peacekeeping activities unless a certification for that

4 fiscal year has been made under subsection (b).

5 ‘‘(b) CERTIFICATION.—The certification referred to in

6 subsection (a) for any fiscal year is a certification by the

7 President to the Congress, submitted on or after the begin8 ning of that fiscal year, of each of the following:

9 ‘‘(1) The United Nations has an independent of10 fice of Inspector General to conduct and supervise ob11 jective audits, inspections, and investigations relating

12 to programs and operations of the United Nations.

13 ‘‘(2) The United Nations has an Inspector Gen14 eral who was appointed by the Secretary General

15 with the approval of the General Assembly and whose

16 appointment was made principally on the basis of the

17 appointee’s integrity and demonstrated ability in ac18 counting, auditing, financial analysis, law, manage19 ment analysis, public administration, or investiga20 tion.

21 ‘‘(3) The Inspector General is authorized to—

22 ‘‘(A) make investigations and reports relat23 ing to the administration of the programs and

24 operations of the United Nations;
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1 ‘‘(B) have access to all relevant records, doc2 uments, and other available materials relating to

3 those programs and operations; and

4 ‘‘(C) have direct and prompt access to any

5 official of the United Nations.

6 ‘‘(4) The United Nations has fully implemented,

7 and made available to all member states, procedures

8 designed to protect the identity of, and prevent repris9 als against, any staff member of the United Nations

10 making a complaint or disclosing information to, or

11 cooperating in any investigation or inspection by, the

12 United Nations Inspector General.

13 ‘‘(5) The United Nations has fully implemented

14 procedures designed to ensure compliance with rec15 ommendations of the United Nations Inspector Gen16 eral.

17 ‘‘(6) The United Nations has required the United

18 Nations Inspector General to issue an annual report

19 and has ensured that the annual report and all other

20 relevant reports of the Inspector General are made

21 available to the General Assembly without modifica22 tion.

23 ‘‘(7) The United Nations is committed to provid24 ing, sufficient budgetary resources to ensure the effec-
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1 tive operation of the United Nations Inspector Gen2 eral.’’.

3 (b) EFFECTIVE DATE.—Section 11 of the United Na4 tions Participation Act of 1945, as added by subsection (a),

5 shall apply only with respect to fiscal years after fiscal year

6 1995.

7 SEC. 206. WHISTLEBLOWER PROVISION.

8 The President shall withhold 10 percent of the funds

9 made available under this Act for each of the fiscal years

10 1996, 1997, 1998, and 1999 for United States assessed con11 tributions for the regular United Nations budget until the

12 Secretary of State certifies to Congress that—

13 (1) the United Nations has developed and imple14 mented policies and regulations to protect employees

15 who allege or report instances of fraud or mismanage16 ment, and

17 (2) the Office of Internal Oversight Services

18 (OIOS) within the United Nations Secretariat has re19 viewed those policies and regulations and found, in

20 writing, that they offer adequate safeguards against

21 retaliation for such employees.
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1 CHAPTER 2—UNITED NATIONS

2 PEACEKEEPING

3 SEC. 211. ANNUAL REPORT ON UNITED STATES CONTRIBU4 TIONS TO UNITED NATIONS PEACEKEEPING

5 ACTIVITIES.

6 Section 4(d)(1) of the United Nations Participation

7 Act of 1945 (22 U.S.C. 287b(d)(1)) is amended—

8 (1) by redesignating subparagraph (D) as sub9 paragraph (E); and

10 (2) by inserting after subparagraph (C) the fol11 lowing new subparagraph:

12 ‘‘(D) A description of the anticipated budget

13 for the next fiscal year for United States partici14 pation in United Nations peacekeeping activi15 ties, including a statement of—

16 ‘‘(i) the aggregate amount of funds

17 available to the United Nations for that fis18 cal year, including assessed and voluntary

19 contributions, which may be made available

20 for United Nations peacekeeping activities;

21 and

22 ‘‘(ii) the aggregate amount of funds

23 (from all accounts) and the aggregate costs

24 of in-kind contributions that the United

25 States proposes to make available to the
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1 United Nations for that fiscal year for

2 United Nations peacekeeping activities.’’.

3 SEC. 212. PRIOR CONGRESSIONAL NOTIFICATION OF SECU4 RITY COUNCIL VOTES ON UNITED NATIONS

5 PEACEKEEPING ACTIVITIES.

6 Section 4 of the United Nations Participation Act of

7 1945 (22 U.S.C. 287b) is amended—

8 (1) by redesignating subsection (e) as subsection

9 (f); and

10 (2) by inserting after subsection (d) the follow11 ing:

12 ‘‘(e) NOTICE TO CONGRESS OF PROPOSED UNITED NA13 TIONS PEACEKEEPING ACTIVITIES.—(1) Except as provided

14 in paragraph (2), at least 5 days before any vote in the

15 Security Council to initiate, expand, or modify any United

16 Nations peacekeeping activity or any other action under the

17 Charter of the United Nations which would involve the use

18 of United States Armed Forces or the expenditure of United

19 States funds, the President shall submit to the designated

20 congressional committees a notification with respect to the

21 proposed action. The notification shall include the follow22 ing:

23 ‘‘(A) A cost assessment of such action (including

24 the total estimated cost and the United States share

25 of such cost).
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1 ‘‘(B) Identification of the source of funding for

2 the United States share of the costs of the action

3 (whether in an annual budget request,

4 reprogramming notification, a rescission of funds, a

5 budget amendment, or a supplemental budget re6 quest).

7 ‘‘(2)(A) If the President determines that an emergency

8 exists which prevents submission of the 5-day advance noti9 fication specified in paragraph (1) and that the proposed

10 action is in the national security interests of the United

11 States, the notification described in paragraph (1) shall be

12 provided in a timely manner but no later than 48 hours

13 after the vote by the Security Council.

14 ‘‘(B) Determinations made under subparagraph (A)

15 may not be delegated.’’.

16 SEC. 213. CODIFICATION OF REQUIRED NOTICE TO CON17 GRESS OF PROPOSED UNITED NATIONS

18 PEACEKEEPING ACTIVITIES.

19 (a) REQUIRED NOTICE.—Section 4 of the United Na20 tions Participation Act of 1945 (22 U.S.C. 287b) is amend21 ed—

22 (1) by striking the second sentence of subsection

23 (a);
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1 (2) by redesignating subsections (e) and (f) (as

2 redesignated by the preceding section) as subsections

3 (f) and (g), respectively; and

4 (3) by inserting after subsection (d) a new sub5 section (e) consisting of the text of subsection (a) of

6 section 407 of the Foreign Relations Authorization

7 Act, Fiscal Years 1994 and 1995 (Public Law 103–

8 236), revised—

9 (A) in paragraph (2)—

10 (i) in the matter preceding subpara11 graph (A), by inserting ‘‘in written form

12 not later than the 10th day of’’ after ‘‘shall

13 be provided’’;

14 (ii) in subparagraph (A)(iv), by insert15 ing ‘‘(including facilities, training, trans16 portation, communication, and logistical

17 support, but not including intelligence ac18 tivities reportable under title V of the Na19 tional Security Act of 1947 (50 U.S.C. 413

20 et seq.))’’ after ‘‘covered by the resolution’’;

21 and

22 (iii) in subparagraph (B), by adding

23 at the end the following new clause:

24 ‘‘(iv) A description of any other United

25 States assistance to or support for the oper-
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1 ation (including facilities, training, trans2 portation, communication, and logistical

3 support, but not including intelligence ac4 tivities reportable under title V of the Na5 tional Security Act of 1947 (50 U.S.C. 413

6 et seq.)), and an estimate of the cost to the

7 United States of such assistance or sup8 port.’’;

9 (B) by striking paragraph (3);

10 (C) by redesignating paragraph (4) as

11 paragraph (3) and in the last sentence of sub12 paragraph (A) of that paragraph by striking

13 ‘‘and (ii)’’ and inserting ‘‘through (iv)’’;

14 (D) by inserting after paragraph (3) (as so

15 redesignated) the following new paragraph:

16 ‘‘(4) NEW UNITED NATIONS PEACEKEEPING OP17 ERATION DEFINED.—As used in paragraphs (2)(B)

18 and (3), the term ‘new United Nations peacekeeping

19 operation’ includes any existing or otherwise ongoing

20 United Nations peacekeeping operation—

21 ‘‘(A) that is to be expanded by more than

22 25 percent during the period covered by the Se23 curity Council resolution, as measured by either

24 the number of personnel participating (or au-
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1 thorized to participate) in the operation or the

2 budget of the operation; or

3 ‘‘(B) that is to be authorized to operate in

4 a country in which it was not previously author5 ized to operate.’’; and

6 (E) in paragraph (5)—

7 (i) by striking ‘‘(5) NOTIFICATION’’

8 and all that follows through ‘‘(B) The Presi9 dent’’ and inserting ‘‘(5) QUARTERLY RE10 PORTS.—The President’’; and

11 (ii) by striking ‘‘section 4(d)’’ and all

12 that follows through ‘‘of this section)’’ and

13 inserting ‘‘subsection (d)’’.

14 (b) CONFORMING REPEAL.—Subsection (a) of section

15 407 of the Foreign Relations Authorization Act, Fiscal

16 Years 1994 and 1995 (Public Law 103–236), is repealed.

17 (c) DESIGNATED CONGRESSIONAL COMMITTEES.—

18 Subsection (g) of section 4 of the United Nations Participa19 tion Act of 1945 (22 U.S.C. 287b(g)), as redesignated by

20 subsection (a), is amended to read as follows:

21 ‘‘(g) DESIGNATED CONGRESSIONAL COMMITTEES.—As

22 used in this section, the term ‘designated congressional com23 mittees’ has the meaning given such term in section 11(d).’’.
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1 SEC. 214. LIMITATION ON ASSESSMENT PERCENTAGE FOR

2 PEACEKEEPING ACTIVITIES.

3 (a) AMENDMENT TO THE UNPA.—The United Nations

4 Participation Act of 1945 (22 U.S.C. 287 et seq.), as

5 amended by this Act, is further amended by adding at the

6 end the following new section:

7 ‘‘SEC. 11. CONTRIBUTIONS FOR PEACEKEEPING ACTIVITIES.

8 ‘‘(a) REASSESSMENT OF CONTRIBUTION PERCENT9 AGES.—The Permanent Representative of the United States

10 to the United Nations should make every effort to ensure

11 that the United Nations completes an overall review and

12 reassessment of each nation’s assessed contributions for

13 United Nations peacekeeping operations. As part of the

14 overall review and assessment, the Permanent Representa15 tive should make every effort to advance the concept that,

16 when appropriate, host governments and other governments

17 in the region where a United Nations peacekeeping oper18 ation is carried out should bear a greater burden of its fi19 nancial cost.

20 ‘‘(b) LIMITATION ON ASSESSED CONTRIBUTION WITH

21 RESPECT TO A PEACEKEEPING OPERATION.—(1) Funds

22 authorized to be appropriated for ‘Contributions for Inter23 national Peacekeeping Activities’ for any fiscal year shall

24 not be available for the payment of the United States as25 sessed contribution for a United Nations peacekeeping oper26 ation in an amount which is greater than 25 percent of
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1 the total amount of all assessed contributions for that oper2 ation, and any arrearages that accumulate as a result of

3 assessments in excess of 25 percent of the total amount of

4 all assessed contributions for any United Nations peace5 keeping operation shall not be recognized or paid by the

6 United States.

7 ‘‘(2) Any penalties, interest, or other charges imposed

8 on the United States in connection with such contributions

9 shall be credited as a part of the percentage limitation con10 tained in the preceding sentence.’’.

11 (b) EFFECTIVE DATE.—The limitation contained in

12 section 11(b) of the United Nations Participation Act of

13 1945, as added by subsection (a), shall apply only with re14 spect to funds authorized to be appropriated for ‘‘Contribu15 tions for International Peacekeeping Activities’’ for fiscal

16 years after fiscal year 1995.

17 (c) CONFORMING REPEAL.—Section 404 of the Foreign

18 Relations Authorization Act, Fiscal Years 1994 and 1995,

19 is repealed.

20 SEC. 215. BUY AMERICA REQUIREMENT.

21 Section 11 of the United Nations Participation Act of

22 1945 is amended by adding after subsection (b), as added

23 by this Act, the following new subsections:

24 ‘‘(c) BUY AMERICA REQUIREMENT.—No funds may be

25 obligated or expended to pay any United States assessed
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1 or voluntary contribution for United Nations peacekeeping

2 activities unless the Secretary of State determines and cer3 tifies to the designated congressional committees that Unit4 ed States manufacturers and suppliers are being given op5 portunities to provide equipment, services, and material for

6 such activities equal to those being given to foreign manu7 facturers and suppliers.

8 ‘‘(d) DESIGNATED CONGRESSIONAL COMMITTEES DE9 FINED.—As used in this section, the term ‘designated con10 gressional committees’ means—

11 ‘‘(1) the Committee on International Relations

12 and the Committee on Appropriations of the House of

13 Representatives; and

14 ‘‘(2) the Committee on Foreign Relations and the

15 Committee on Appropriations of the Senate.’’.

16 SEC. 216. RESTRICTIONS ON INTELLIGENCE SHARING WITH

17 THE UNITED NATIONS.

18 The United Nations Participation Act of 1945 (22

19 U.S.C. 287 et seq.) is amended by adding at the end the

20 following new section:

21 ‘‘SEC. 12. RESTRICTIONS ON INTELLIGENCE SHARING WITH

22 THE UNITED NATIONS.

23 ‘‘(a) PROVISION OF INTELLIGENCE INFORMATION TO

24 THE UNITED NATIONS.—(1) No United States intelligence

25 information may be provided to the United Nations or any
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1 organization affiliated with the United Nations, or to any

2 officials or employees thereof, unless the President certifies

3 to the appropriate committees of Congress that the Director

4 of Central Intelligence (in this section referred to as the

5 ‘DCI’), in consultation with the Secretary of State and the

6 Secretary of Defense, has established and implemented pro7 cedures, and has worked with the United Nations to ensure

8 implementation of procedures, for protecting from unau9 thorized disclosure United States intelligence sources and

10 methods connected to such information.

11 ‘‘(2) Paragraph (1) may be waived upon written cer12 tification by the President to the appropriate committees

13 of Congress that providing such information to the United

14 Nations or an organization affiliated with the United Na15 tions, or to any officials or employees thereof, is in the na16 tional security interests of the United States.

17 ‘‘(b) PERIODIC AND SPECIAL REPORTS.—(1) The

18 President shall report semiannually to the Select Committee

19 on Intelligence and the Committee on Foreign Relations of

20 the Senate and the Permanent Select Committee on Intel21 ligence and the Committee on International Relations of the

22 House of Representatives on the types and volume of intel23 ligence provided to the United Nations and the purposes

24 for which it was provided during the period covered by the

25 report. The President shall also report to the Select Commit-
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1 tee on Intelligence and the Committee on Foreign Relations

2 of the Senate and the Permanent Select Committee on Intel3 ligence and the Committee on International Relations of the

4 House of Representatives within 15 days after it has become

5 known to the United States Government that there has been

6 an unauthorized disclosure of intelligence provided by the

7 United States to the United Nations.

8 ‘‘(2) The requirement for periodic reports under the

9 first sentence of paragraph (1) shall not apply to the provi10 sion of intelligence that is provided only to, and for the

11 use of, appropriately cleared United States Government

12 personnel serving with the United Nations.

13 ‘‘(c) DELEGATION OF DUTIES.—The President may

14 not delegate or assign the duties of the President under this

15 section.

16 ‘‘(d) RELATIONSHIP TO EXISTING LAW.—Nothing in

17 this section shall be construed to—

18 ‘‘(1) impair or otherwise affect the authority of

19 the Director of Central Intelligence to protect intel20 ligence sources and methods from unauthorized disclo21 sure pursuant to section 103(c)(5) of the National Se22 curity Act of 1947 (50 U.S.C. 403–3(c)(5)); or

23 ‘‘(2) supersede or otherwise affect the provisions

24 of title V of the National Security Act of 1947 (50

25 U.S.C. 413 et seq.).
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1 ‘‘(e) DEFINITION.—As used in this section, the term

2 ‘appropriate committees of Congress’ means the Select Com3 mittee on Intelligence and the Committee on Foreign Rela4 tions of the Senate and the Permanent Select Committee

5 on Intelligence and the Committee on International Rela6 tions of the House of Representatives.’’.

7 SEC. 217. UNPROFOR FUNDING RESTRICTIONS.

8 None of the funds authorized to be appropriated by this

9 Act may be made available for contributions to the United

10 Nations Protection Force (UNPROFOR) unless the Presi11 dent certifies and reports to the Congress during the cal12 endar years in which the funds are to be provided that—

13 (1) the Government of the Republic of Bosnia

14 and Herzegovina supports the continued presence of

15 UNPROFOR within its territory;

16 (2) UNPROFOR is effectively implementing its

17 mandate under United Nations Security Council reso18 lutions 761, 776, 786, 836, and 958, and is effectively

19 encouraging compliance with United Nations Secu20 rity Council resolutions 752, 757, 770, 771, 787, 820,

21 824, and 942;

22 (3) UNPROFOR is providing full cooperation

23 and support to the efforts of the United Nations War

24 Crimes Tribunal for the former Yugoslavia to inves-
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1 tigate war crimes and to apprehend and prosecute

2 suspected war criminals;

3 (4) UNPROFOR is providing full cooperation

4 and support to United States diplomatic, military,

5 and relief personnel in Bosnia, to include transpor6 tation and accurate information; and

7 (5) UNPROFOR has investigated and taken ap8 propriate action against any UNPROFOR civilian or

9 military personnel suspected of participating in ille10 gal or improper activities, such as black

11 marketeering, embezzlement, expropriation of prop12 erty, and assaults on civilians.

13 SEC. 218. ESCALATING COSTS FOR INTERNATIONAL PEACE14 KEEPING ACTIVITIES.

15 (a) FINDINGS.—The Congress finds that—

16 (1) in fiscal year 1989 the United States pro17 vided $29,000,000 to the United Nations for assessed

18 United States contributions for international peace19 keeping activities, compared to $485,000,000 paid for

20 combined assessed contributions for all other inter21 national organizations, including the United Nations,

22 all United Nations specialized agencies and the Orga23 nization for American States and all other pan Amer24 ican international organizations;
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1 (2) in fiscal year 1994 United States assessed

2 contributions to the United Nations for international

3 peacekeeping activities had grown to $1,072,000,000,

4 compared to $860,000,000 for combined assessed con5 tributions for all other international organizations;

6 (3) for fiscal year 1995 the President requested

7 a $672,000,000 United Nations peacekeeping supple8 mental appropriation which, if approved, would have

9 been a direct increase in the Federal budget deficit

10 and would have brought fiscal year 1995 total appro11 priations for assessed contributions for United Na12 tions peacekeeping activities to $1,025,000,000;

13 (4) for fiscal year 1995 the President also re14 quested supplemental appropriations of

15 $1,900,000,000 to cover the Department of Defense’s

16 unbudgeted costs for humanitarian and peacekeeping

17 missions in Haiti, Kuwait and Bosnia, which are in

18 addition to regular United States assessed contribu19 tions to the United Nations for peacekeeping activi20 ties; and

21 (5) for fiscal year 1996 the President requested

22 $445,000,000 for assessed contributions to the United

23 Nations for international peacekeeping activities, a

24 funding level most observers believe to be a significant

25 understatement of actual peacekeeping obligations the
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1 Administration has committed the United States to

2 support and which, if accurate, would lead to the

3 third year in a row in which the Administration re4 quests supplemental appropriations for assessed con5 tributions to international peacekeeping in excess of

6 $600,000,000 outside of the regular budget process.

7 (b) SENSE OF CONGRESS.—It is the sense of the Con8 gress that the Executive Branch should cease obligating the

9 United States to pay for international peacekeeping oper10 ations in excess of funds specifically authorized and appro11 priated for this purpose.

12 SEC. 219. DEFINITION.

13 The United Nations Participation Act of 1945, as

14 amended by this Act, is further amended by adding at the

15 end the following new section:

16 ‘‘SEC. 13. DEFINITION.

17 ‘‘For purposes of this Act, the term ‘United Nations

18 peacekeeping activities’ means any peacekeeping, peace19 making, peace-enforcing, or similar activity that is author20 ized by the United Nations Security Council under chapter

21 VI or VII of the Charter of the United Nations, the costs

22 of which will be assessed by the United Nations to its mem23 ber countries.’’.
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1 TITLE III—OTHER INTER2 NATIONAL ORGANIZATIONS

3 CHAPTER 1—AUTHORIZATION OF

4 APPROPRIATIONS

5 SEC. 301. INTERNATIONAL CONFERENCES AND CONTIN6 GENCIES.

7 (a) AUTHORIZATION OF APPROPRIATIONS.—There are

8 authorized to be appropriated for ‘‘International Con9 ferences and Contingencies’’, $7,000,000 for the fiscal year

10 1996, $5,000,000 for the fiscal year 1997, $4,000,000 for

11 the fiscal year 1998, and $4,000,000 for the fiscal year 1999

12 for the Department of State to carry out the authorities,

13 functions, duties, and responsibilities in the conduct of the

14 foreign affairs of the United States with respect to inter15 national conferences and contingencies and to carry out

16 other authorities in law consistent with such purposes.

17 (b) CONDITIONAL AUTHORITY.—

18 (1) Subject to subparagraph (B), in addition to

19 such amounts as are authorized to be appropriated

20 under subsection (a), there is authorized to be appro21 priated for ‘‘International Conferences and Contin22 gencies’’, $1,000,000 for the fiscal year 1996 for the

23 Department of State to carry out the authorities,

24 functions, duties, and responsibilities in the conduct

25 of the foreign affairs of the United States with respect
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1 to international conferences and contingencies and to

2 carry out other authorities in law consistent with

3 such purposes.

4 (2) The authorization of appropriations under

5 paragraph (1) shall take effect only after the Sec6 retary of State certifies to the appropriate congres7 sional committees, with respect to any United Nations

8 Fourth World Conference on Women that is held in

9 Beijing, that—

10 (A) no funds of the Department of State

11 were expended for travel by any United States

12 official or delegate to the Fourth World Con13 ference on Women, to be held in Beijing, August

14 and September 1995, or

15 (B)(i) that the United States vigorously

16 urged the United Nations to grant accreditation

17 to a wide range of nongovernmental organiza18 tions, including United States-based groups rep19 resenting Taiwanese and Tibetan women, in ac20 cordance with relevant international standards

21 and precedents;

22 (ii) that the United States pressed the Gov23 ernment of China to issue visas equitably to rep24 resentatives of accredited nongovernmental orga25 nizations;
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1 (iii) that the United States encouraged the

2 Government of China and the United Nations to

3 provide the accredited nongovernmental organi4 zations with access to the main conference site

5 that is substantially equivalent in manner and

6 degree to access afforded at previous major Unit7 ed Nations conferences;

8 (iv) that the United States delegation to the

9 Fourth World Conference on Women vigorously

10 and publicly supported access by representatives

11 of accredited nongovernmental organizations to

12 the conference, especially with respect to United

13 States nongovernmental organizations;

14 (v) that the United States delegation to the

15 Fourth World Conference on Women vigorously

16 promoted universal respect for internationally

17 recognized human rights, including the rights of

18 women; and

19 (vi) that, if the goals of clauses (i), (ii), and

20 (iii) were not fully accomplished, the United

21 States issued a formal, public protest to the

22 United Nations for such a departure from ac23 cepted international standards.
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1 SEC. 302. INTERNATIONAL COMMISSIONS.

2 The following amounts are authorized to be appro3 priated under ‘‘International Commissions’’ for the Depart4 ment of State to carry out the authorities, functions, duties,

5 and responsibilities in the conduct of the foreign affairs of

6 the United States and for other purposes authorized by law:

7 (1) INTERNATIONAL BOUNDARY AND WATER COM8 MISSION, UNITED STATES AND MEXICO.—For ‘‘Inter9 national Boundary and Water Commission, United

10 States and Mexico’’—

11 (A) for ‘‘Salaries and Expenses’’,

12 $12,500,000 for the fiscal year 1996, $12,300,000

13 for the fiscal year 1997, $12,100,000 for the fis14 cal year 1998, and $12,000,000 for the fiscal

15 year 1999; and

16 (B) for ‘‘Construction’’, $10,000,000 for the

17 fiscal year 1996, $10,000,000 for the fiscal year

18 1997, $6,000,000 for the fiscal year 1998, and

19 $6,000,000 for the fiscal year 1999.

20 (2) INTERNATIONAL BOUNDARY COMMISSION,

21 UNITED STATES AND CANADA.—For ‘‘International

22 Boundary Commission, United States and Canada’’,

23 $740,000 for the fiscal year 1996, $720,000 for the fis24 cal year 1997, $700,000 for the fiscal year 1998, and

25 $700,000 for the fiscal year 1999.
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1 (3) INTERNATIONAL JOINT COMMISSION.—For

2 ‘‘International Joint Commission’’, $3,500,000 for the

3 fiscal year 1996, $3,500,000 for the fiscal year 1997,

4 $3,500,000 for the fiscal year 1998, and $3,500,000

5 for the fiscal year 1999.

6 (4) INTERNATIONAL FISHERIES COMMISSIONS.—

7 For ‘‘International Fisheries Commissions’’,

8 $14,669,000 for the fiscal year 1996, $14,400,000 for

9 the fiscal year 1997, $14,200,000 for the fiscal year

10 1998, and $14,000,000 for the fiscal year 1999.

11 SEC. 303. INTERNATIONAL BOUNDARY AND WATER COMMIS12 SION.

13 The Act of May 13, 1924 (49 Stat. 660; 22 U.S.C. 277–

14 277f), is amended in section 3 (22 U.S.C. 277b) by adding

15 the following new subsection at the end:

16 ‘‘(d) Pursuant to the authority of subsection (a) and

17 in order to facilitate further compliance with the terms of

18 the Convention for Equitable Distribution of the Waters of

19 the Rio Grande, May 21, 1906, United States-Mexico, the

20 Secretary of State, acting through the United States Com21 missioner of the International Boundary and Water Com22 mission, may make improvements to the Rio Grande Canal23 ization Project, originally authorized by the Act of August

24 29, 1935 (49 Stat. 961). Such improvements may include

25 all such works as may be needed to stabilize the Rio Grande
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1 in the reach between the Percha Diversion Dam in New

2 Mexico and the American Diversion Dam in El Paso.’’.

3 SEC. 304. INTER-AMERICAN ORGANIZATIONS.

4 Taking into consideration the long-term commitment

5 by the United States to the affairs of this Hemisphere and

6 the need to build further upon the linkages between the

7 United States and its neighbors, it is the sense of the Con8 gress that the Secretary of State, in allocating the level of

9 resources for international organizations, should pay par10 ticular attention to funding levels of the Inter-American or11 ganizations.

12 CHAPTER 2—GENERAL PROVISIONS

13 SEC. 311. INTERNATIONAL CRIMINAL COURT PARTICIPA14 TION.

15 The United States may not participate in an inter16 national criminal court with jurisdiction over crimes of an

17 international character except—

18 (1) pursuant to a treaty made in accordance

19 with Article II, section 2, clause 2 of the Constitution;

20 or

21 (2) as specifically authorized by enactment of

22 legislation passed by Congress.
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1 SEC. 312. PROHIBITION ON ASSISTANCE TO INTER2 NATIONAL ORGANIZATIONS ESPOUSING

3 WORLD GOVERNMENT.

4 None of the funds made available by this Act shall be

5 used—

6 (1) to pay the United States contribution to any

7 international organization which engages in the di8 rect or indirect promotion of the principle or doctrine

9 of one world government or one world citizenship; or

10 (2) for the promotion, direct or indirect, of the

11 principle or doctrine of one world government or one

12 world citizenship.

13 SEC. 313. TERMINATION OF UNITED STATES PARTICIPA14 TION IN CERTAIN INTERNATIONAL ORGANI15 ZATIONS.

16 Notwithstanding any other provision of law, none of

17 the funds authorized to be appropriated by this or any other

18 Act may be used for payment of United States membership

19 in any of the following organizations:

20 (1) The United Nations Industrial Development

21 Organization (UNIDO).

22 (2) The Inter-American Indian Institute.

23 (3) The Pan American Railway Congress Asso24 ciation.

25 (4) The Interparliamentary Union.
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1 SEC. 314. INTERNATIONAL COVENANT ON CIVIL AND POLIT2 ICAL RIGHTS.

3 (a) FINDINGS.—The Congress makes the following

4 findings:

5 (1) On April 2, 1992, the Senate approved a res6 olution advising and consenting to ratification of the

7 International Covenant on Civil and Political Rights,

8 subject to reservations, understandings, declarations,

9 and a proviso intended, inter alia, to protect the First

10 Amendment rights of American citizens and other

11 United States constitutional rights and practices.

12 (2) In accordance with the action of the Senate,

13 the President deposited the United States instrument

14 of ratification of the International Covenant on Civil

15 and Political Rights on June 8, 1992, and the Cov16 enant entered into force for the United States on Sep17 tember 8, 1992.

18 (3) On November 2, 1994, the Human Rights

19 Committee, established under the Covenant to inter20 pret the Covenant and to receive complaints of non21 compliance, adopted General Comment No. 24 regard22 ing reservations to the Covenant.

23 (4) In General Comment No. 24, the Human

24 Rights Committee claimed for itself the power to judge

25 the validity under international law of reservations to

26 the Covenant, and in the purported exercise of this
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1 power asserted that reservations of the type included

2 in the Senate resolution of ratification are invalid,

3 and further asserted that invalid reservations will be

4 read out of instruments of ratification, ‘‘in the sense

5 that the Covenant will be operative for the reserving

6 party without benefit of the reservation’’.

7 (5) The purpose and effect of General Comment

8 No. 24 is to seek to nullify as a matter of inter9 national law the reservations, understandings, dec10 larations, and proviso contained in the Senate resolu11 tion of ratification, thereby purporting to impose

12 legal obligations on the United States never accepted

13 by the United States.

14 (6) General Comment No. 24 threatens not only

15 the Supremacy Clause of the United States Constitu16 tion and the constitutional authority of the Senate

17 with respect to the approval of treaties, but also the

18 First Amendment rights of American citizens and the

19 other United States constitutional rights and prac20 tices protected by the reservations, understandings,

21 declarations, and proviso contained in the Senate res22 olution of ratification.

23 (b) SENSE OF THE SENATE.—It is the sense of the Sen24 ate that the Human Rights Committee established under the

25 International Covenant on Civil and Political Rights
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1 should revoke its General Comment No. 24 adopted on No2 vember 2, 1994.

3 SEC. 315. UNITED STATES PARTICIPATION IN SINGLE COM4 MODITY INTERNATIONAL ORGANIZATIONS.

5 (a) REPORT ON PARTICIPATION IN SINGLE-COMMOD6 ITY ORGANIZATIONS.—Not later than 180 days after the

7 date of the enactment of this Act, the Secretary of State

8 shall transmit to the committees referred to in subsection

9 (b) a report that—

10 (1) identifies the national interests, if any, that

11 are served by continuing United States participation

12 in single-commodity international organizations;

13 (2) assesses the feasibility and desirability of the

14 privatization of United States representation in such

15 organizations; and

16 (3) sets forth options for achieving the privatiza17 tion of the organizations if the Secretary determines

18 that the privatization is feasible and desirable.

19 (b) DEFINITION.—The committees referred to in sub20 section (a) are the Committee on Foreign Relations of the

21 Senate and the Committee on International Relations of the

22 House of Representatives.
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1 SEC. 316. PROHIBITION ON CONTRIBUTIONS TO THE INTER2 NATIONAL NATURAL RUBBER ORGANIZA3 TION.

4 None of the funds authorized to be appropriated by this

5 or any other Act may be used to fund any United States

6 contribution to the International Natural Rubber Organiza7 tion.

8 SEC. 317. PROHIBITION ON CONTRIBUTIONS TO THE INTER9 NATIONAL TROPICAL TIMBER ORGANIZA10 TION.

11 None of the funds authorized to be appropriated by this

12 or any other Act may be used to fund any United States

13 contribution to the International Tropical Timber Organi14 zation.

15 SEC. 318. GENERAL ACCOUNTING OFFICE STUDY ON THE

16 COST-EFFECTIVENESS AND EFFICIENCY OF

17 INTERNATIONAL ORGANIZATIONS TO WHICH

18 THE UNITED STATES MAKES CONTRIBU19 TIONS.

20 (a) COST-EFFECTIVENESS STUDY OF INTERNATIONAL

21 ORGANIZATIONS TO WHICH THE UNITED STATES MAKES

22 CONTRIBUTIONS.—The Comptroller General of the United

23 States shall conduct a study on the cost-effectiveness and

24 efficiency of the 51 organizations to which the United States

25 makes contributions through the Department of State. Such

26 study shall include, but not be limited to—
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1 (1) an evaluation of whether such organizations

2 undertake unique activities that are central to the

3 conduct of American foreign policy and which are in4 capable of being performed directly by an agency of

5 the United States Government; and

6 (2) an evaluation of each organization’s oper7 ational effectiveness, and the potential consequences of

8 terminated United States funding.

9 (b) REPORT TO CONGRESS.—Not later than one year

10 after the date of enactment of this Act, the Comptroller Gen11 eral of the United States shall prepare and submit a report

12 of the findings of such study to the Committee on Foreign

13 Relations of the Senate and the Committee on International

14 Relations of the House of Representatives.

15 SEC. 319. SENSE OF CONGRESS ON UNITED NATIONS

16 FOURTH WORLD CONFERENCE ON WOMEN IN

17 BEIJING, CHINA.

18 It is the sense of the Congress that—

19 (1) the United Nations Fourth World Conference

20 on Women in Beijing, China, should promote a rep21 resentative American perspective on issues of equality,

22 peace, and development; and

23 (2) in the event the United States sends a delega24 tion to the Conference, the United States delegation

25 should use the voice and vote of the United States—
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1 (A) to ensure that the biological and social

2 activity of motherhood is recognized as a valu3 able and worthwhile endeavor that should in no

4 way, in its form or actions, be demeaned by soci5 ety or by the state;

6 (B) to ensure that the traditional family is

7 upheld as the fundamental unit of society upon

8 which healthy cultures are built and, therefore,

9 receives esteem and protection by society and the

10 state; and

11 (C) to define or agree with any definitions

12 that define gender as the biological classification

13 of male and female, which are the two sexes of

14 the human being.

15 TITLE IV—UNITED STATES IN16 FORMATIONAL, EDU17 CATIONAL, AND CULTURAL

18 PROGRAMS

19 CHAPTER 1—AUTHORIZATION OF

20 APPROPRIATIONS

21 SEC. 401. AUTHORIZATION OF APPROPRIATIONS.

22 The following amounts are authorized to be appro23 priated to carry out international information activities,

24 and educational and cultural exchange programs under the

25 United States Information and Educational Exchange Act
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1 of 1948, the Mutual Educational and Cultural Exchange

2 Act of 1961, Reorganization Plan Number 2 of 1977, the

3 Radio Broadcasting to Cuba Act, the Television Broadcast4 ing to Cuba Act, the Board for International Broadcasting

5 Act, the Inspector General Act of 1978, the National En6 dowment for Democracy Act, and to carry out other au7 thorities in law consistent with such purposes:

8 (1) SALARIES AND EXPENSES.—For ‘‘Salaries

9 and Expenses’’, $429,000,000 for the fiscal year 1996,

10 $387,000,000 for the fiscal year 1997. No funds are

11 authorized to be appropriated for fiscal years 1998

12 and 1999.

13 (2) EDUCATIONAL AND CULTURAL EXCHANGE

14 PROGRAMS.—

15 (A) FULBRIGHT ACADEMIC EXCHANGE PRO16 GRAMS.—For the ‘‘Fulbright Academic Exchange

17 Programs’’, $109,500,000 for the fiscal year

18 1996, $101,000,000 for the fiscal year 1997,

19 $93,000,000 for the fiscal year 1998, and

20 $93,000,000 for the fiscal year 1999.

21 (B) OTHER PROGRAMS.—For other edu22 cational and cultural exchange programs author23 ized by law, $118,322,000 for the fiscal year

24 1996, $107,300,000 for the fiscal year 1997,
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1 $101,280,000 for the fiscal year 1998, and

2 $101,280,000 for the fiscal year 1999.

3 (3) INTERNATIONAL BROADCASTING ACTIVI4 TIES.—For ‘‘International Broadcasting Activities’’

5 under title III, $310,000,000 for the fiscal year 1996,

6 $300,000,000 for the fiscal year 1997, $290,000,000

7 for the fiscal year 1998, and $290,000,000 for the fis8 cal year 1999.

9 (4) RADIO FREE EUROPE/RADIO LIBERTY.—For

10 the activities of RFE/RL, Incorporated, there are au11 thorized to be appropriated $75,000,000 for each of

12 the fiscal years 1996, 1997, 1998, and 1999.

13 (5) RADIO CONSTRUCTION.—For ‘‘Radio Con14 struction’’, $83,000,000 for the fiscal year 1996,

15 $79,500,000 for the fiscal year 1997, $69,000,000 for

16 the fiscal year 1998, and $65,000,000 for the fiscal

17 year 1999.

18 (6) TECHNOLOGY INVESTMENT FUND.—For the

19 ‘‘Technology Investment Fund’’, $10,100,000 for the

20 fiscal year 1996, $9,500,000 for the fiscal year 1997.

21 (7) OFFICE OF THE INSPECTOR GENERAL.—For

22 ‘‘Office of the Inspector General’’, $4,100,000 for the

23 fiscal year 1996, $3,900,000 for the fiscal year 1997.

24 (8) CENTER FOR CULTURAL AND TECHNICAL

25 INTERCHANGE BETWEEN EAST AND WEST.—For ‘‘Cen-
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1 ter for Cultural and Technical Interchange between

2 East and West’’, $20,000,000 for the fiscal year 1996,

3 $8,000,000 for the fiscal year 1997, $5,000,000 for the

4 fiscal year 1998, and $5,000,000 for the fiscal year

5 1999.

6 SEC. 402. NATIONAL ENDOWMENT FOR DEMOCRACY.

7 There are authorized to be appropriated to the Director

8 of the United States Information Agency $32,000,000 for

9 the fiscal year 1996 and $29,000,000 for the fiscal year

10 1997, $25,000,000 for the fiscal year 1998, and $21,000,000

11 for the fiscal year 1999 to carry out the National Endow12 ment for Democracy Act (title V of Public Law 98–164),

13 of which amount in each fiscal year not more than 55 per14 cent shall be available only for the following organizations,

15 in equal allotments:

16 (1) The International Republican Institute

17 (IRI).

18 (2) The National Democratic Institute (NDI).

19 (3) The Free Trade Union Institute (FTUI).

20 (4) The Center for International Private Enter21 prise (CIPE).
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1 CHAPTER 2—USIA AND RELATED

2 AGENCIES AUTHORITIES AND ACTIVITIES

3 SEC. 411. PARTICIPATION IN INTERNATIONAL FAIRS AND

4 EXPOSITIONS.

5 None of the funds made available by this Act may be

6 used by any department, agency, or other entity of the Unit7 ed States to participate in an international fair, pavilion,

8 or other major exhibit at any international exposition or

9 world’s fair in excess of amounts expressly authorized to

10 be appropriated for such purpose.

11 SEC. 412. EXTENSION OF AU PAIR PROGRAMS.

12 (a) REPEAL.—Section 8 of the Eisenhower Exchange

13 Fellowship Act of 1990 (Public Law 101–454) is repealed.

14 (b) AUTHORITY FOR AU PAIR PROGRAMS.—The Direc15 tor of the United States Information Agency is authorized

16 to continue to administer an au pair program, operating

17 on a world-wide basis, through fiscal year 1999.

18 (c) REPORT.—Not later than October 1, 1998, the Di19 rector of the United States Information Agency shall submit

20 a report regarding the continued extension of au pair pro21 grams to the Committee on Foreign Relations of the Senate

22 and the Committee on International Relations of the House

23 of Representatives. This report shall specifically detail the

24 compliance of all au pair organizations with regulations
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1 governing au pair programs as published on February 15,

2 1995.

3 SEC. 413. PILOT PROGRAM ON ADVERTISING ON USIA TELE4 VISION AND RADIO BROADCASTS.

5 (a) IN GENERAL.—(1) The Director of the United

6 States Information Agency shall carry out a pilot program

7 to determine the feasibility and advisability of permitting

8 advertisements on the television broadcasts and radio

9 broadcasts of the agency, including broadcasts of the Voice

10 of America, Radio Marti/TV Marti, Worldnet, Radio Free

11 Europe/Radio Liberty, and Radio Free Asia.

12 (2) The Director shall commence carrying out the pilot

13 program not later than 90 days after the date of the trans14 mittal to Congress of the plan required under subsection

15 (b).

16 (3) The Director shall carry out the pilot program for

17 6 months.

18 (b) PROGRAM PLAN.—(1) Not later than 120 days

19 after the date of the enactment of this Act, the Director shall

20 prepare and transmit to Congress a plan for carrying out

21 the pilot program required under subsection (a).

22 (2) In preparing the plan, the Director shall solicit

23 and take into account the comments of other broadcasting

24 entities funded by the United States Government on the ex25 periences of and advantages and disadvantages to public
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1 television and radio broadcast stations of permitting adver2 tisements on the broadcasts of such stations.

3 (c) TREATMENT OF REVENUES.—Notwithstanding any

4 other provision of law, the Director may use any revenues

5 received by the agency under the pilot program to pay for

6 the cost of the radio and television broadcasting activities

7 of the agency. Such funds shall be available for that purpose

8 without fiscal year limitation.

9 (d) PROGRAM REPORT.—Not later than 60 days after

10 the date of the completion of the pilot program, the Director

11 shall transmit to Congress a report on the pilot program.

12 The report shall include the following:

13 (1) A description of the pilot program, including

14 the number and type of advertisements aired under

15 the pilot program and the revenues received as a re16 sult of the advertisements.

17 (2) An estimate of the number and type of adver18 tisements that would be carried on the television

19 broadcasts and radio broadcasts of the agency on an

20 annual basis after the completion of the pilot program

21 if the agency were authorized to continue to carry

22 such advertisements, and the revenues that the agency

23 would receive as a result of carrying such advertise24 ments.
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1 (3) An assessment of the feasibility and advis2 ability of permitting advertisements on the television

3 broadcasts and radio broadcasts of the agency, includ4 ing a discussion of the advisability of permitting such

5 advertisements by—

6 (A) United States entities;

7 (B) foreign governments;

8 (C) foreign individuals or entities; and

9 (D) a combination of such entities, govern10 ments, and individuals.

11 (e) REGULATIONS.—The Director may prescribe regu12 lations to carry out the pilot program.

13 SEC. 414. AVAILABILITY OF VOICE OF AMERICA AND RADIO

14 MARTI MULTILINGUAL COMPUTER READABLE

15 TEXT AND VOICE RECORDINGS.

16 (a) AUTHORITY.—Notwithstanding section 208 of the

17 Foreign Relations Authorization Act, Fiscal Years 1986

18 and 1987 (22 U.S.C. 1461–1a) and the second sentence of

19 section 501 of the United States Information and Edu20 cational Exchange Act of 1948 (22 U.S.C. 1461), the Direc21 tor of the United States Information Agency is authorized

22 to make available, upon request, to the Linguistic Data

23 Consortium of the University of Pennsylvania computer

24 readable multilingual text and recorded speech in various

25 languages.
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1 (b) REIMBURSEMENT.—The Linguistic Data Consor2 tium shall, directly or indirectly as appropriate, reimburse

3 the United States Information Agency for any expenses in4 volved in making such materials available.

5 (c) TERMINATION DATE.—The authority of this section

6 shall terminate 5 years after the date of enactment of this

7 Act.

8 SEC. 415. PLAN FOR RADIO FREE ASIA.

9 (a) PLAN REQUIRED.—Not later than 90 days after

10 the date of the enactment of this Act, the Director of the

11 United States Information Agency shall submit to the Con12 gress a detailed plan for the establishment and operation

13 of Radio Free Asia.

14 (b) CONTENTS OF PLAN.—The plan required by sub15 section (a) shall meet the requirements of subparagraphs

16 (A) through (C) of section 309(c)(1) of the Foreign Relations

17 Authorization Act, Fiscal Years 1994 and 1995 (22 U.S.C.

18 6208(c)(1)), except that the plan shall describe the manner

19 in which Radio Free Asia would meet the funding limita20 tions provided in this Act.

21 (c) STATUTORY CONSTRUCTION.—Nothing in this sec22 tion may be construed to make inapplicable any of the re23 quirements contained in section 309 of such Act.
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1 SEC. 416. EXPANSION OF MUSKIE FELLOWSHIP PROGRAM.

2 Section 227 of the Foreign Relations Authorization

3 Act, Fiscal Years 1992 and 1993 (22 U.S.C. 2452 note) is

4 amended—

5 (1) in subsection (a), by striking ‘‘Soviet Union,

6 Lithuania, Latvia, and Estonia’’ and inserting

7 ‘‘former Soviet Union, Lithuania, Latvia, Estonia,

8 Albania, Bulgaria, Croatia, Czech Republic, Hun9 gary, Poland, Romania, Slovenia, and the Former

10 Yugoslav Republic of Macedonia’’;

11 (2) in subsection (c)(5), by striking out after

12 ‘‘potential’’ all that follows and inserting in lieu

13 thereof the following: ‘‘in the fields of business admin14 istration, economics, journalism, law, library and in15 formation science, public administration, and public

16 policy.’’;

17 (3) in subsection (b) of the section, by striking

18 out ‘‘Soviet Union, Lithuania, Latvia, and Estonia’’

19 and inserting in lieu thereof ‘‘countries specified in

20 subsection (a)’’;

21 (4) in subsection (c)(11), by striking ‘‘Soviet re22 publics, Lithuania, Latvia, and Estonia’’ and insert23 ing ‘‘countries specified in subsection (a)’’; and

24 (5) in the section heading, by striking ‘‘THE SO25 VIET UNION, LITHUANIA, LATVIA, AND ESTO-
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1 NIA’’ and inserting ‘‘CERTAIN EURASIAN COUN2 TRIES’’.

3 SEC. 417. CHANGES IN ADMINISTRATIVE AUTHORITIES.

4 (a) CONTRACT AUTHORITY FOR VOICE OF AMERICA

5 RADIO FACILITY.—Section 235 of the Foreign Relations

6 Authorization Act, Fiscal Years 1990 and 1991 (Public

7 Law 101–246) is amended by inserting ‘‘Tinian,’’ after

8 ‘‘Sao Tome,’’.

9 (b) AVAILABILITY OF APPROPRIATIONS.—Section

10 701(f)(4) of the United States Information and Educational

11 Exchange Act of 1948 (22 U.S.C. 1476(f)) is amended by

12 striking ‘‘September 30, 1995’’ and inserting ‘‘March 1,

13 1997’’.

14 (c) TECHNICAL CORRECTION.—Section 314(2)(B) of

15 the Foreign Relations Authorization Act, Fiscal Years 1994

16 and 1995 (22 U.S.C. 6213(2)(B)) is amended by striking

17 ‘‘section 307(e)’’ and inserting ‘‘section 308(d)’’.

18 (d) RADIO BROADCASTING TO CUBA.—Section 4 of the

19 Radio Broadcasting to Cuba Act (22 U.S.C. 1465b) is

20 amended by striking ‘‘Director of the Voice of America’’ and

21 inserting ‘‘Director of the International Broadcasting Bu22 reau’’.

23 (e) TELEVISION BROADCASTING TO CUBA.—Section

24 244(a) of the Television Broadcasting to Cuba Act (22

25 U.S.C. 1465cc(a)) is amended by striking in the third sen-
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1 tence thereof ‘‘Voice of America’’ and inserting ‘‘Inter2 national Broadcasting Bureau’’.

3 (f) INTERNATIONAL BROADCASTING BUREAU.—Section

4 307 of the Foreign Relations Authorization Act, Fiscal

5 Years 1994 and 1995 (Public Law 103–236) is amended

6 by adding at the end the following new subsection:

7 ‘‘(g) CONSOLIDATION OF ENGINEERING FUNCTION.—

8 For the purpose of achieving economies and eliminating du9 plication, the Director of the United States Information

10 Agency is authorized to appoint, during 1995, up to 15 oth11 erwise qualified United States citizens employed in the Of12 fice of the Vice President for Engineering and Technical

13 Operations of RFE/RL, Incorporated, to the competitive

14 service or the career Foreign Service of the United States

15 Information Agency in accordance with the provisions of

16 title 5 of the United States Code, and without regard to

17 sections 301(b) and 306 of the Foreign Service Act of 1980,

18 governing appointments in the Foreign Service. Prior serv19 ice with RFE/RL, Incorporated, by an individual ap20 pointed under this subsection shall be credited in determin21 ing the length of service of the individual for reduction in

22 force purposes and toward establishing the career tenure of

23 the individual.’’.

24 (h) USE OF FEES FROM EDUCATIONAL ADVISING.—

25 Section 810 of the United States Information and Edu-
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1 cational Exchange Act of 1948 (22 U.S.C. 1475e) is amend2 ed by inserting ‘‘educational advising,’’ after ‘‘library serv3 ices,’’.

4 SEC. 418. GENERAL ACCOUNTING OFFICE STUDY OF DUPLI5 CATION AMONG CERTAIN INTERNATIONAL

6 AFFAIRS GRANTEES.

7 (a) STUDY OF CERTAIN GRANTEES FOR DUPLICATION

8 OF FUNCTIONS .—The Comptroller General of the United

9 States shall conduct a study on the purposes and activities

10 of the North/South Center, East-West Center, Asia Founda11 tion, and the National Endowment for Democracy and on

12 the extent to which the activities of these organizations du13 plicate activities that are conducted elsewhere in the United

14 States Government. Such study shall include, but not be

15 limited to, an evaluation of whether such organizations un16 dertake unique activities that are central to the conduct of

17 American foreign policy and that are incapable of being

18 performed directly by an agency of the United States Gov19 ernment.

20 (b) REPORT TO CONGRESS.—Not later than one year

21 after the date of enactment of this Act, the Comptroller Gen22 eral of the United States shall prepare and submit a report

23 of the findings of such study to the Committee on Foreign

24 Relations of the Senate and Committee on International

25 Relations of the House of Representatives.
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1 SEC. 419. GENERAL ACCOUNTING OFFICE STUDY OF ACTIVI2 TIES OF THE NORTH/SOUTH CENTER IN SUP3 PORT OF THE NORTH AMERICAN FREE TRADE

4 AGREEMENT.

5 (a) STUDY OF CERTAIN ACTIVITIES OF THE NORTH/

6 SOUTH CENTER DURING CONSIDERATION OF THE NORTH

7 AFRICAN FREE TRADE AGREEMENT.—The Comptroller

8 General of the United States shall conduct a study on the

9 activities of the North/South Center located in Miami, Flor10 ida that had the affect of encouraging Congress to approve

11 implementing legislation for the North American Free

12 Trade Agreement. This study shall include, but shall not

13 be limited to, consideration of whether any United States

14 Government funds were used for books (including Assess15 ments of the North American Free Trade Agreement pub16 lished in 1993), publications, or other activities which had

17 the affect of advocating congressional approval of the North

18 American Free Trade Agreement, and whether such mate19 rials or activities violated any laws, regulations, or guide20 lines on the use of Federal funds for lobbying activities.

21 (b) REPORT TO CONGRESS.—Not later than six months

22 after the date of enactment of this Act, the Comptroller Gen23 eral of the United States shall prepare and submit a report

24 of the findings of such study to the Committee on Foreign

25 Relations of the Senate and Committee on International

26 Relations of the House of Representatives.
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1 SEC. 420. MANSFIELD FELLOWSHIP PROGRAM REQUIRE2 MENTS.

3 Section 253(4)(B) of the Foreign Relations Authoriza4 tion Act, Fiscal Years 1994 and 1995 (22 U.S.C.

5 6102(4)(B)) is amended by striking ‘‘certain’’ and inserting

6 the following: ‘‘, under criteria established by the Mansfield

7 Center for Pacific Affairs, certain allowances and benefits

8 not to exceed the amount of equivalent’’.

9 SEC. 421. DISTRIBUTION WITHIN THE UNITED STATES OF

10 THE UNITED STATES INFORMATION AGENCY

11 FILM ENTITLED ‘‘THE FRAGILE RING OF

12 LIFE’’.

13 Notwithstanding section 208 of the Foreign Relations

14 Authorization Act, Fiscal Years 1986 and 1987 (22 U.S.C.

15 1461–1(a)) and the second sentence of section 501 of the

16 United States Information and Education Act of 1948 (22

17 U.S.C. 1461), the Director of the United States Information

18 Agency may make available for distribution within the

19 United States the documentary entitled ‘‘The Fragile Ring

20 of Life’’, a film about coral reefs around the world.
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1 TITLE V—UNITED STATES ARMS

2 CONTROL AND DISARMAMENT

3 AGENCY AND THE AGENCY

4 FOR INTERNATIONAL DEVEL5 OPMENT

6 SEC. 501. AUTHORIZATION OF APPROPRIATIONS.

7 (a) FISCAL YEAR 1996.—There are authorized to be

8 appropriated to carry out the Arms Control and Disar9 mament Act (22 U.S.C. 2551 et seq.) $22,700,000 for the

10 fiscal year 1996.

11 (b) FUTURE FISCAL YEARS.—No funds may be obli12 gated or expended by the United States Arms Control and

13 Disarmament Agency after March 1, 1997.

14 SEC. 502. STATUTORY CONSTRUCTION.

15 Section 33 of the Arms Control and Disarmament Act

16 (22 U.S.C. 2573) is amended by adding at the end the fol17 lowing new subsection:

18 ‘‘(c) STATUTORY CONSTRUCTION.—Nothing contained

19 in this chapter shall be construed to authorize any policy

20 or action by any Government agency which would interfere

21 with, restrict, or prohibit the acquisition, possession, or use

22 of firearms by an individual for the lawful purpose of per23 sonal defense, sport, recreation, education, or training.’’.
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1 SEC. 503. OPERATING EXPENSES.

2 Section 667(a)(1) of the Foreign Assistance Act of 1961

3 (22 U.S.C. 2427(a)(1)) is amended to read as follows:

4 ‘‘(1) $432,000,000 for fiscal year 1996 and

5 $389,000,000 for 1997 for necessary operating ex6 penses of the agency primarily responsible for admin7 istering part I of this Act (other than the office of the

8 inspector general of such agency); and’’.

9 SEC. 504. OPERATING EXPENSES OF THE OFFICE OF THE

10 INSPECTOR GENERAL.

11 Section 667(a) of the Foreign Assistance Act of 1961

12 (22 U.S.C. 2427(a)), as amended by section 503, is further

13 amended—

14 (1) by redesignating paragraph (2) as para15 graph (3);

16 (2) by striking ‘‘and’’ at the end of paragraph

17 (1) (as amended by section 503); and

18 (3) by inserting after paragraph (1) the follow19 ing:

20 ‘‘(2) $35,000,000 for fiscal year 1996 and

21 $31,500,000 for fiscal 1997 for necessary operating

22 expenses of the office of the inspector general of such

23 agency; and’’.
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1 TITLE VI—FOREIGN POLICY

2 SEC. 601. REPEAL OF PROVISIONS RELATING TO

3 INTERPARLIAMENTARY GROUPS.

4 The following provisions of law are hereby repealed:

5 (1) Section 109(b) of the Department of State

6 Authorization Act, fiscal years 1984 and 1985 (Public

7 Law 98–164) (relating to the British-American Par8 liamentary Group).

9 (2) Section 109(c) of the Department of State

10 Authorization Act, fiscal years 1984 and 1985 (Public

11 Law 98–164) (relating to the United States-European

12 Community Interparliamentary Group).

13 (3) Section 105 of the Legislative Branch Appro14 priation Act of 1961 (22 U.S.C. 276c–1; relating to

15 reporting requirements for Interparliamentary

16 Groups).

17 (4) The Act entitled ‘‘An Act to authorize par18 ticipation by the United States in the

19 Interparliamentary Union’’, approved June 28, 1935

20 (22 U.S.C. 276–276a–4).

21 (5) The proviso under ‘‘Missions to International

22 Organizations’’ in the Departments of State and Jus23 tice, the Judiciary, and Related Agencies Appropria24 tions Act of 1959, approved June 30, 1958 (Public

25 Law 85–474, as amended).
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1 (6) Section 7(a) of the Anglo-Irish Agreement

2 Support Act of 1986 (Public Law 99–415).

3 (7) Section 168 (relating to the British-Amer4 ican Interparliamentary Group) and section 169 (re5 lating to the Parliamentary Assembly of the Organi6 zation on Security and Cooperation in Europe) of the

7 Foreign Relations Authorization Act, Fiscal Years

8 1992 and 1993 (22 U.S.C. 276l, 276m).

9 SEC. 602. REPEAL OF EXECUTIVE BRANCH MEMBERSHIP ON

10 THE COMMISSION ON SECURITY AND CO11 OPERATION IN EUROPE.

12 Section 3 of the Act entitled ‘‘An Act to establish a

13 Commission on Security and Cooperation in Europe’’, ap14 proved June 3, 1976 (22 U.S.C. 3003 et seq.) is amended—

15 (1) by striking ‘‘twenty-one members’’ and in16 serting ‘‘18 members’’; and

17 (2) by striking paragraphs (3), (4), and (5).

18 SEC. 603. AUTHORIZED PAYMENTS.

19 (a) PAYMENT OF LETTERS OF CREDIT.—(1) In addi20 tion to licenses required to be issued under section 575.510

21 of title 31, Code of Federal Regulations, the Secretary of

22 the Treasury shall direct that licenses be issued to permit

23 payments, as certified under subsection (b), from blocked

24 Iraqi accounts involving an irrevocable letter of credit is25 sued or confirmed by a foreign bank for the benefit of a
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1 United States person of amounts owed to such person with

2 respect to goods or services lawfully exported to Iraq before

3 August 2, 1990, whether or not such letter was confirmed

4 by a United States bank.

5 (2) Licenses shall be issued under paragraph (1) not

6 later than 120 days after the date on which the Foreign

7 Claims Settlement Commission certifies an award pursuant

8 to subsection (b).

9 (3) Payments made in compliance with this subsection

10 or any regulation, order, instruction, or issued under this

11 section, shall, to the extent of such payment, fully acquit

12 and discharge for all purposes the obligation of the person

13 making the payment. No person may be held liable for or

14 with respect to anything done or omitted in good faith pur15 suant to and in reliance on this section or any such regula16 tion, order, instruction, or direction.

17 (b) DETERMINATION OF CLAIMS.—(1) The Foreign

18 Claims Settlement Commission of the United States is au19 thorized to receive and determine the validity of any claims

20 of United States persons against the Government of Iraq

21 (including its agencies, instrumentalities, and controlled

22 entities).

23 (2) The Foreign Claims Settlement Commission shall

24 certify awards under this subsection to the Secretary of the
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1 Treasury not later than 270 days after the date of enact2 ment of this Act.

3 (c) VESTING AUTHORITY.—The President is authorized

4 to vest and liquidate as much of the assets of the Govern5 ment of Iraq in the United States that have been blocked

6 pursuant to the International Emergency Economic Powers

7 Act (50 U.S.C. 1701 et. seq.) as may be necessary to satisfy

8 claims under subsections (a) and (b).

9 (d) DEFINITIONS.—For purposes of this section:

10 (1) BLOCKED IRAQI ACCOUNTS.—The term

11 ‘‘blocked Iraqi accounts’’ means funds on deposit in

12 United States financial institutions in which the

13 Government of Iraq has an interest and which were

14 blocked under the International Emergency Economic

15 Powers Act (50 U.S.C. 1701 et seq.) on or after Au16 gust 2, 1990.

17 (2) UNITED STATES PERSON.—The term ‘‘United

18 States person’’ means a person subject to the jurisdic19 tion of the United States, including—

20 (A) any person, wherever located, who is a

21 citizen or resident of the United States,

22 (B) any person actually within the United

23 States,

24 (C) any corporation organized under the

25 laws of the United States or of any State, terri-
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1 tory, possession, or district of the United States,

2 and

3 (D) any partnership, association, corpora4 tion, or other organization wherever organized or

5 doing business which is owned or controlled by

6 persons described in subparagraph (A), (B), or

7 (C),

8 and does not include the United States Government

9 or any officer or employee thereof acting in an official

10 capacity.

11 SEC. 604. REPORTS REGARDING HONG KONG.

12 (a) EXTENSION OF REPORTING REQUIREMENT.—Sec13 tion 301 of the United States-Hong Kong Policy Act of 1992

14 (22 U.S.C. 5731) is amended in the text above paragraph

15 (1)—

16 (1) by inserting ‘‘March 31, 1996,’’ after ‘‘March

17 31, 1995,’’; and

18 (2) by striking ‘‘and March 31, 2000,’’ and in19 serting ‘‘March 31, 2000, and every year thereafter,’’.

20 (b) ADDITIONAL REQUIREMENTS.—In light of defi21 ciencies in reports submitted to the Congress pursuant to

22 section 301 of the United States-Hong Kong Policy Act (22

23 U.S.C. 5731), the Congress directs that reports required to

24 be submitted under that section on or after the date of enact25 ment of this Act include detailed information on the status
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1 of, and other developments affecting, implementation of the

2 Sino-British Joint Declaration on the Question of Hong

3 Kong, including—

4 (1) the Basic Law and its consistency with the

5 Joint Declaration;

6 (2) the openness and fairness of elections to the

7 legislature;

8 (3) the openness and fairness of the election of

9 the chief executive and the executive’s accountability

10 to the legislature;

11 (4) the treatment of political parties;

12 (5) the independence of the judiciary and its

13 ability to exercise the power of final judgment over

14 Hong Kong law; and

15 (6) the Bill of Rights.

16 SEC. 605. APPLICABILITY OF TAIWAN RELATIONS ACT.

17 Section 3 of the Taiwan Relations Act (22 U.S.C.

18 3302) is amended by adding at the end the following new

19 subsection:

20 ‘‘(d) The provisions of subsections (a) and (b) super21 sede any provision of the Joint Communique of the United

22 States and China of August 17, 1982.’’.

23 SEC. 606. TAIPEI REPRESENTATIVE OFFICE.

24 For purposes of carrying out its activities in the Unit25 ed States, the instrumentality known as the Taipei Eco-
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1 nomic and Cultural Representative Office as of the date of

2 enactment of this Act shall, on and after such date, be

3 known as the ‘‘Taipei Representative Office’’.

4 SEC. 607. REPORT ON OCCUPIED TIBET.

5 (a) FINDINGS AND DECLARATIONS OF CONGRESS.—

6 The Congress makes the following findings and declarations:

7 (1) Historically, Tibet has demonstrated those

8 attributes which under international law constitute

9 statehood. It has had a defined territory and a per10 manent population, been under the control of its own

11 government, and has engaged in, or had the capacity

12 to engage in, formal relations with other states.

13 (2) Between 1951 and 1959, Tibet was forcibly

14 and coercively incorporated into the People’s Republic

15 of China as an ‘‘autonomous region’’.

16 (3) Because Tibet’s incorporation into the Peo17 ple’s Republic of China was involuntary, under inter18 national law it is an occupied sovereign country and

19 its true representatives continue to be the Dalai Lama

20 and the Tibetan Government in exile.

21 (4) Because the Tibetan people are historically,

22 territorially, and culturally distinct from the Han

23 Chinese population in the People’s Republic of China,

24 and because of the involuntary loss of their sov-
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1 ereignty, they are entitled to the right of self-deter2 mination.

3 (5) Credible evidence exists which demonstrates

4 that the Government of the People’s Republic of China

5 has consistently denied the Tibetan people that right,

6 and instead have subjected them to a serious pattern

7 of human rights abuses. For example, in 1960 the

8 International Commission of Jurists found that the

9 Chinese authorities in Tibet had violated sixteen arti10 cles of the United Nations Human Rights Declara11 tion.

12 (6) The United States should seek to establish a

13 dialogue with those recognized by Congress as the true

14 representatives of the Tibetan people, the Dalai

15 Lama, his representatives, and the Tibetan Govern16 ment in exile, concerning the situation in Tibet and

17 the future of the Tibetan people and to expand and

18 strengthen United States-Tibet cultural and edu19 cational relations, including promoting bilateral ex20 changes arranged directly with the Tibetan Govern21 ment in exile.

22 (b) REPORT ON UNITED STATES-TIBET RELATIONS.—

23 Not later than 6 months after the date of enactment of this

24 Act, and every 12 months thereafter, the Secretary of State

25 shall transmit to the Chairman of the Committee on For-
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1 eign Relations and the Speaker of the House of Representa2 tives a report on the state of relations between the United

3 States and those recognized by Congress as the true rep4 resentatives of the Tibetan people, the Dalai Lama, his rep5 resentatives, and the Tibetan Government in exile, and on

6 conditions in Tibet.

7 (c) SEPARATE TIBET REPORTS.—

8 (1) It is the sense of the Congress that whenever

9 an executive branch report is transmitted to the Con10 gress on a country-by-country basis there should be

11 included in such report, where applicable, a separate

12 report on Tibet listed alphabetically with its own

13 state heading.

14 (2) The reports referred to in paragraph (1) in15 clude, but are not limited to, reports transmitted

16 under sections 116(d) and 502B(b) of the Foreign As17 sistance Act of 1961 (relating to human rights).

18 SEC. 608. SPECIAL ENVOY FOR TIBET ACT OF 1995.

19 (a) SHORT TITLE.—This section may be cited as the

20 ‘‘Special Envoy for Tibet Act of 1995’’.

21 (b) FINDINGS.—The Congress finds that—

22 (1) the Government of the People’s Republic of

23 China withholds meaningful participation in the gov24 ernance of Tibet from Tibetans and has failed to
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1 abide by its own constitutional guarantee of auton2 omy for Tibetans;

3 (2) the Government of the People’s Republic of

4 China is responsible for the destruction of much of Ti5 bet’s cultural and religious heritage since 1959 and

6 continues to threaten the survival of Tibetan culture

7 and religion;

8 (3) the Government of the People’s Republic of

9 China, through direct and indirect incentives—

10 (A) has established discriminatory develop11 ment and other programs which have resulted in

12 an overwhelming flow of Chinese immigrants

13 into Tibet, including those areas incorporated

14 into the Chinese provinces of Sichuan, Yunnan,

15 Gansu, and Qinghai; and

16 (B) has excluded Tibetans from participa17 tion in important policy decisions, further

18 threatening traditional Tibetan life;

19 (4) the Government of the People’s Republic of

20 China denies Tibetans their fundamental human

21 rights, as reported in the Department of State’s Coun22 try Reports on Human Rights Practices for 1993;

23 (5) the President and the Congress have deter24 mined that the promotion of human rights in Tibet

25 and the protection of Tibet’s religion and culture are
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1 important elements in United States-China relations

2 and have urged senior members of the Government of

3 the People’s Republic of China to enter into sub4 stantive negotiations on these matters with the Dalai

5 Lama or his representative; and

6 (6) the Government of the People’s Republic of

7 China has failed to respond in a good faith manner

8 by reciprocating a willingness to begin negotiations

9 without preconditions, and no substantive negotia10 tions have begun.

11 (c) POSITION OF UNITED STATES SPECIAL ENVOY FOR

12 TIBET.—

13 (1) ESTABLISHMENT OF POSITION.—There shall

14 be within the Department of State a United States

15 Special Envoy for Tibet, who shall be appointed by

16 the President, by and with the advice and consent of

17 the Senate. The United States Special Envoy for

18 Tibet shall hold office at the pleasure of the President.

19 (2) RANK OF AMBASSADOR.—The United States

20 Special Envoy for Tibet shall have the personal rank

21 of ambassador.

22 (d) RESPONSIBILITIES.—

23 (1) AUTHORITIES.—The United States Special

24 Envoy for Tibet is authorized and encouraged—
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1 (A) to promote substantive negotiations be2 tween the Dalai Lama or his representatives and

3 senior members of the Government of the People’s

4 Republic of China;

5 (B) to promote good relations between the

6 Dalai Lama and his representatives and the

7 United States Government, including meeting

8 with members or representatives of the Tibetan

9 Government in exile; and

10 (C) to travel regularly throughout Tibet and

11 Tibetan refugee settlements.

12 (2) DUTIES.—The United States Special Envoy

13 for Tibet shall—

14 (A) consult with the Congress on policies

15 relevant to Tibet and the future and welfare of

16 all Tibetan people;

17 (B) coordinate United States Government

18 policies, programs, and projects concerning

19 Tibet; and

20 (C) report to the Secretary of State regard21 ing the matters described in section 536(a)(2) of

22 the Foreign Relations Authorization Act, Fiscal

23 Years 1994 and 1995 (Public Law 103–236).
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1 SEC. 609. PROHIBITION ON USE OF FUNDS TO FACILITATE

2 IRAQI REFUGEE ADMISSIONS INTO THE UNIT3 ED STATES.

4 None of the funds authorized to be appropriated by this

5 or any other Act may be used for resettlement in the United

6 States, or to provide education, medical examinations,

7 training, screening, or otherwise facilitate the admission

8 into the United States of Iraqi nationals seeking refugee

9 status in the United States who are in Saudi Arabia or

10 Turkey as of the date of enactment of this Act.

11 SEC. 610. SPECIAL ENVOY FOR NAGORNO-KARABAKH.

12 It is the sense of Congress that the President should

13 immediately appoint a special envoy having the rank of

14 Ambassador to offer assistance in facilitating a negotiated

15 settlement to the conflict in Nagorno-Karabakh and to press

16 for the development of an oil pipeline through Azerbaijan,

17 Armenia, and Turkey.

18 SEC. 611. REPORT TO CONGRESS CONCERNING CUBAN EMI19 GRATION POLICIES.

20 Beginning 3 months after the date of the enactment

21 of this Act, and every 6 months thereafter, the President

22 shall transmit a report to the appropriate congressional

23 committees concerning the methods employed by the Govern24 ment of Cuba to enforce the United States-Cuba agreement

25 of September 1994 to restrict the emigration of the Cuban

26 people from Cuba to the United States, and the treatment
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1 by the Government of Cuba of persons who have been re2 turned to Cuba pursuant to the United States-Cuba agree3 ment of May 1995. Each report transmitted pursuant to

4 this section shall include a detailed account of United

5 States efforts to monitor such enforcement and treatment.

6 SEC. 612. EFFORTS AGAINST EMERGING INFECTIOUS DIS7 EASES.

8 (a) PRIORITIZATION.—The President shall give urgent

9 priority to the strengthening of efforts against emerging in10 fectious diseases through the development of appropriate

11 United States Government strategies and response mecha12 nisms.

13 (b) STRATEGIC PLAN.—Not later than February 1,

14 1996, the President shall submit to the Speaker of the House

15 of Representatives and the Committee on Foreign Relations

16 of the Senate a report outlining a United States strategic

17 plan, in cooperation with the international public health

18 infrastructure, to identify and respond to the threat of

19 emerging infectious diseases to the health of the people of

20 the United States.

21 SEC. 613. REPORT ON FIRMS ENGAGED IN EXPORT OF

22 DUAL-USE ITEMS.

23 The Under Secretary of State for International Secu24 rity shall submit a report to Congress no later than 180

25 days after the date of enactment of this Act, and every 180
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1 days thereafter until 1998, detailing an organizational plan

2 to include those firms on the Department of State licensing

3 watch-lists that engage in the exportation of potentially sen4 sitive or dual-use technologies and have been identified or

5 tracked by similar systems maintained by the Department

6 of Defense, Department of Commerce, or the United States

7 Customs Service. The report shall also detail further meas8 ures to be taken to strengthen United States export-control

9 mechanisms.

10 SEC. 614. PROHIBITION ON THE TRANSFER OF ARMS TO IN11 DONESIA.

12 Consistent with section 582 of Public Law 103–306,

13 the United States is prohibited from selling or licensing for

14 export to the Government of Indonesia light arms, small

15 weapons, and crowd control ordnances, including heli16 copter-mounted equipment, until the Secretary of State de17 termines and reports to the Committee on Foreign Relations

18 of the Senate and the Committee on International Relations

19 of the House of Representatives that there has been signifi20 cant progress made on human rights in East Timor and

21 elsewhere in Indonesia, including—

22 (1) compliance with the recommendations in the

23 United Nations Special Rapporteur’s January 1992

24 report and the March 1993 recommendations of the

25 United Nations Human Rights Commission;
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1 (2) significant reduction in Indonesia’s troop

2 presence in East Timor;

3 (3) thorough and impartial investigation of

4 gangs and violent civilian groups operating in East

5 Timor;

6 (4) improved access to East Timor for Indo7 nesian and international human rights and humani8 tarian organizations and journalists, including the

9 deployment of United Nations human rights monitors

10 if so requested;

11 (5) constructive participation in the United Na12 tions Secretary General’s efforts to resolve the status

13 of East Timor; and

14 (6) greater local control over political, economic,

15 and cultural affairs, with an aim toward resolving

16 the future status of East Timor.

17 SEC. 615. MIDDLE EAST PEACE FACILITATION ACT OF 1995.

18 (a) SHORT TITLE.—This section may be cited as the

19 ‘‘Middle East Peace Facilitation Act of 1995’’.

20 (b) FINDINGS.—The Congress finds that—

21 (1) the Palestine Liberation Organization (in

22 this section referred to as the ‘‘PLO’’) has recognized

23 the State of Israel’s right to exist in peace and secu24 rity; accepted United Nations Security Council Reso25 lutions 242 and 338; committed itself to the peace
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1 process and peaceful coexistence with Israel, free from

2 violence and all other acts which endanger peace and

3 stability; and assumed responsibility over all PLO

4 elements and personnel in order to assure their com5 pliance, prevent violations, and discipline violators;

6 (2) Israel has recognized the PLO as the rep7 resentative of the Palestinian people;

8 (3) Israel and the PLO signed a Declaration of

9 Principles on Interim Self-Government Arrangements

10 (in this section referred to as the ‘‘Declaration of

11 Principles’’) on September 13, 1993, at the White

12 House;

13 (4) Israel and the PLO signed an Agreement on

14 the Gaza Strip and the Jericho Area (in this section

15 referred to as the ‘‘Gaza-Jericho Agreement’’) on May

16 4, 1994, which established a Palestinian Authority for

17 the Gaza and Jericho areas;

18 (5) Israel and the PLO signed an Agreement on

19 Preparatory Transfer of Powers and Responsibilities

20 (in this section referred to as the ‘‘Early

21 Empowerment Agreement’’) on August 29, 1994,

22 which provided for the transfer to the Palestinian Au23 thority of certain powers and responsibilities in the

24 West Bank outside of the Jericho Area;
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1 (6) under the terms of the Declaration of Prin2 ciples, the Gaza-Jericho Agreement and the Early

3 Empowerment Agreement, the powers and responsibil4 ities of the Palestinian Authority are to be assumed

5 by an elected Palestinian Council with jurisdiction in

6 the West Bank and Gaza Strip in accordance with

7 the Interim Agreement to be concluded between Israel

8 and the PLO;

9 (7) permanent status negotiations relating to the

10 West Bank and Gaza Strip are scheduled to begin by

11 May 1996;

12 (8) the Congress has, since the conclusion of the

13 Declaration of Principles and the PLO’s renunciation

14 of terrorism, provided authorities to the President to

15 suspend certain statutory restrictions relating to the

16 PLO, subject to Presidential certifications that the

17 PLO has continued to abide by commitments made in

18 and in connection with or resulting from the good

19 faith implementation of, the Declaration of Prin20 ciples;

21 (9) the PLO commitments relevant to Presi22 dential certifications have included commitments to

23 renounce and condemn terrorism, to submit to the

24 Palestinian National Council for formal approval the

25 necessary changes to those articles of the Palestinian
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1 Covenant which call for Israel’s destruction, and to

2 prevent acts of terrorism and hostilities against Is3 rael; and

4 (10) the President, in exercising the authorities

5 described in paragraph (8), has certified to the Con6 gress on four occasions that the PLO was abiding by

7 its relevant commitments.

8 (c) SENSE OF CONGRESS.—It is the sense of the Con9 gress that although the PLO has recently shown improve10 ment in its efforts to fulfill its commitments, the PLO must

11 do far more to demonstrate an irrevocable denunciation of

12 terrorism and ensure a peaceful settlement of the Middle

13 East dispute, and in particular the PLO must—

14 (1) submit to the Palestine National Council for

15 formal approval the necessary changes to those arti16 cles of the Palestinian National Covenant which call

17 for Israel’s destruction;

18 (2) make greater efforts to preempt acts of terror,

19 to discipline violators, and to contribute to stemming

20 the violence that has resulted in the deaths of 123 Is21 raeli citizens since the signing of the Declaration of

22 Principles;

23 (3) prohibit participation in its activities and in

24 the Palestinian Authority and its successors by any
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1 groups or individuals which continue to promote and

2 commit acts of terrorism;

3 (4) cease all anti-Israel rhetoric, which poten4 tially undermines the peace process;

5 (5) confiscate all unlicensed weapons and restrict

6 the issuance of licenses to those with legitimate need;

7 (6) transfer any person, and cooperate in trans8 fer proceedings relating to any person, accused by Is9 rael of acts of terrorism; and

10 (7) respect civil liberties, human rights and

11 democratic norms.

12 (d) AUTHORITY TO SUSPEND CERTAIN PROVISIONS.—

13 (1) IN GENERAL.—Subject to paragraph (2), be14 ginning on the date of enactment of this Act and for

15 18 months thereafter the President may suspend for

16 a period of not more than 6 months at a time any

17 provision of law specified in paragraph (4). Any such

18 suspension shall cease to be effective after 6 months,

19 or at such earlier date as the President may specify.

20 (2) CONDITIONS.—

21 (A) CONSULTATIONS.—Prior to each exer22 cise of the authority provided in paragraph (1)

23 or certification pursuant to paragraph (3), the

24 President shall consult with the relevant congres25 sional committees. The President may not exer-
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1 cise that authority to make such certification

2 until 30 days after a written policy justification

3 is submitted to the relevant congressional com4 mittees.

5 (B) PRESIDENTIAL CERTIFICATION.—The

6 President may exercise the authority provided in

7 paragraph (1) only if the President certifies to

8 the relevant congressional committees each time

9 he exercises such authority that—

10 (i) it is in the national interest of the

11 United States to exercise such authority;

12 (ii) the PLO continues to comply with

13 all the commitments described in subpara14 graph (D); and

15 (iii) funds provided pursuant to the

16 exercise of this authority and the authorities

17 under section 583(a) of Public Law 103–

18 236 and section 3(a) of Public Law 103–

19 125 have been used for the purposes for

20 which they were intended.

21 (C) REQUIREMENT FOR CONTINUING PLO

22 COMPLIANCE.—

23 (i) The President shall ensure that

24 PLO performance is continuously mon25 itored, and if the President at any time de-
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1 termines that the PLO has not continued to

2 comply with all the commitments described

3 in subparagraph (D), he shall so notify the

4 appropriate congressional committees. Any

5 suspension under paragraph (1) of a provi6 sion of law specified in paragraph (4) shall

7 cease to be effective.

8 (ii) Beginning six months after the

9 date of enactment of this Act, if the Presi10 dent on the basis of the continuous monitor11 ing of the PLO’s performance determines

12 that the PLO is not complying with the re13 quirements described in paragraph (3), he

14 shall so notify the appropriate congressional

15 committees and no assistance shall be pro16 vided pursuant to the exercise by the Presi17 dent of the authority provided by para18 graph (1) until such time as the President

19 makes the certification provided for in

20 paragraph (3).

21 (D) PLO COMMITMENTS DESCRIBED.—The

22 commitments referred to in subparagraphs (B)

23 and (C)(i) are the commitments made by the

24 PLO—
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1 (i) in its letter of September 9, 1993,

2 to the Prime Minister of Israel and in its

3 letter of September 9, 1993, to the Foreign

4 Minister of Norway to—

5 (I) recognize the right of the State

6 of Israel to exist in peace and security;

7 (II) accept United Nations Secu8 rity Council Resolutions 242 and 338;

9 (III) renounce the use of terrorism

10 and other acts of violence;

11 (IV) assume responsibility over all

12 PLO elements and personnel in order

13 to assure their compliance, prevent vio14 lations, and discipline violators;

15 (V) call upon the Palestinian peo16 ple in the West Bank and Gaza Strip

17 to take part in the steps leading to the

18 normalization of life, rejecting violence

19 and terrorism, and contributing to

20 peace and stability; and

21 (VI) submit to the Palestine Na22 tional Council for formal approval the

23 necessary changes to the Palestinian

24 National Covenant eliminating calls

25 for Israel’s destruction; and
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1 (ii) in, and resulting from, the good

2 faith implementation of the Declaration of

3 Principles, including good faith implemen4 tation of subsequent agreements with Israel,

5 with particular attention to the objective of

6 preventing terrorism, as reflected in the pro7 visions of the Gaza-Jericho Agreement con8 cerning—

9 (I) prevention of acts of terrorism

10 and legal measures against terrorists;

11 (II) abstention from and preven12 tion of incitement, including hostile

13 propaganda;

14 (III) operation of armed forces

15 other than the Palestinian Police;

16 (IV) possession, manufacture, sale,

17 acquisition, or importation of weapons;

18 (V) employment of police who

19 have been convicted of serious crimes or

20 have been found to be actively involved

21 in terrorist activities subsequent to

22 their employment;

23 (VI) transfers to Israel of individ24 uals suspected of, charged with, or con-
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1 victed of an offense that falls within Is2 raeli criminal jurisdiction;

3 (VII) cooperation with the Gov4 ernment of Israel in criminal matters,

5 including cooperation in the conduct of

6 investigations; and

7 (VIII) exercise of powers and re8 sponsibilities under the agreement with

9 due regard to internationally accepted

10 norms and principles of human rights

11 and the rule of law.

12 (E) POLICY JUSTIFICATION.—As part of the

13 President’s written policy justification to be sub14 mitted to the relevant congressional committees

15 pursuant to subparagraph (A), the President

16 shall report on—

17 (i) the manner in which the PLO has

18 complied with the commitments specified in

19 subparagraph (D), including responses to

20 individual acts of terrorism and violence,

21 actions to discipline perpetrators of terror

22 and violence, and actions to preempt acts of

23 terror and violence;
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1 (ii) the extent to which the PLO has

2 fulfilled the requirements specified in para3 graph (3);

4 (iii) actions that the PLO has taken

5 with regard to the Arab League boycott of

6 Israel;

7 (iv) the status and activities of the

8 PLO office in the United States; and

9 (v) the status of United States and

10 international assistance efforts in the areas

11 subject to jurisdiction of the Palestinian

12 Authority or its successors.

13 (3) REQUIREMENT FOR CONTINUED PROVISION

14 OF ASSISTANCE.—Six months after the date of enact15 ment of this Act, no assistance shall be provided pur16 suant to the exercise by the President of the authority

17 provided by paragraph (1), unless and until the

18 President determines and so certifies to the Congress

19 that—

20 (A) if the Palestinian Council has been

21 elected and assumed its responsibilities, the

22 Council has, within a reasonable time, effectively

23 disavowed the articles of the Palestine National

24 Covenant which call for Israel’s destruction, un25 less the necessary changes to the Covenant have
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1 already been submitted to the Palestine National

2 Council for formal approval;

3 (B) the PLO has exercised its authority res4 olutely to establish the necessary enforcement in5 stitution, including laws, police, and a judicial

6 system, for apprehending, prosecuting, convict7 ing, and imprisoning terrorists;

8 (C) the PLO has limited participation in

9 the Palestinian Authority and its successors to

10 individuals and groups in accordance with the

11 terms that may be agreed with Israel;

12 (D) the PLO has not provided any finan13 cial or material assistance or training to any

14 group, whether or not affiliated with the PLO to

15 carry out actions inconsistent with the Declara16 tion of Principles, particularly acts of terrorism

17 against Israel;

18 (E) the PLO has cooperated in good faith

19 with Israeli authorities in the preemption of acts

20 of terrorism and in the apprehension and trial

21 of perpetrators of terrorist acts in Israel, terri22 tories controlled by Israel, and all areas subject

23 to jurisdiction of the Palestinian Authority and

24 its successors; and
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1 (F) the PLO has exercised its authority res2 olutely to enact and implement laws requiring

3 the disarming of civilians not specifically li4 censed to possess or carry weapons.

5 (4) PROVISIONS THAT MAY BE SUSPENDED.—The

6 provisions that may be suspended under the authority

7 of paragraph (1) are the following:

8 (A) Section 307 of the Foreign Assistance

9 Act of 1961 (22 U.S.C. 2227) as it applies with

10 respect to the PLO or entities associated with it.

11 (B) Section 114 of the Department of State

12 Authorization Act, Fiscal Years 1984 and 1985

13 (22 U.S.C. 287e note) as it applies with respect

14 to the PLO or entities associated with it.

15 (C) Section 1003 of the Foreign Relations

16 Authorization Act, Fiscal Years 1988 and 1989

17 (22 U.S.C. 5202).

18 (D) Section 37 of the Bretton Woods Agree19 ment Act (22 U.S.C. 286W) as it applies to the

20 granting to the PLO of observer status or other

21 official status at any meeting sponsored by or

22 associated with International Monetary Fund.

23 As used in this subparagraph, the term ‘‘other of24 ficial status’’ does not include membership in the

25 International Monetary Fund.
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1 (5) RELEVANT CONGRESSIONAL COMMITTEES DE2 FINED.—As used in this subsection, the term ‘‘rel3 evant congressional committees’’ means—

4 (A) the Committee on International Rela5 tions, the Committee on Banking, Finance and

6 Urban Affairs, and the Committee on Appro7 priations of the House of Representatives; and

8 (B) the Committee on Foreign Relations

9 and the Committee on Appropriations of the

10 Senate.

11 DIVISION B—CONSOLIDATION

12 AND REINVENTION OF FOR13 EIGN AFFAIRS AGENCIES

14 SEC. 1001. SHORT TITLE.

15 This division may be cited as the ‘‘Foreign Affairs

16 Reinvention Act of 1995’’.

17 SEC. 1002. PURPOSES.

18 The purposes of this division are—

19 (1) to reorganize and reinvent the foreign affairs

20 agencies of the United States in order to enhance the

21 formulation, coordination, and implementation of

22 United States foreign policy;

23 (2) to streamline and consolidate the functions

24 and personnel of the Department of State, the Agency

25 for International Development, the United States In-
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1 formation Agency, and the United States Arms Con2 trol and Disarmament Agency in order to eliminate

3 redundancies in the functions and personnel of such

4 agencies;

5 (3) to assist congressional efforts to balance the

6 Federal budget and reduce the Federal debt;

7 (4) to ensure that the United States maintain

8 adequate representation abroad within budgetary re9 straints;

10 (5) to ensure that programs critical to the pro11 motion of United States national interests be main12 tained;

13 (6) to strengthen the authority of United States

14 ambassadors over all United States Government per15 sonnel and resources located in United States diplo16 matic missions in order to enhance the ability of the

17 ambassadors to deploy such personnel and resources

18 to the best effect to attain the President’s foreign pol19 icy objectives;

20 (7) to encourage United States foreign affairs

21 agencies to maintain a high percentage of the best

22 qualified, most competent United States citizens serv23 ing in the United States Government while

24 downsizing significantly the total number of people

25 employed by such agencies; and
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1 (8) to ensure that all functions of United States

2 diplomacy be subject to recruitment, training, assign3 ment, promotion, and egress based on common stand4 ards and procedures while preserving maximum

5 interchange among such functions.

6 TITLE XI—ORGANIZATION OF

7 THE DEPARTMENT OF STATE

8 AND FOREIGN SERVICE

9 SEC. 1101. OFFICE OF THE SECRETARY OF STATE.

10 Section 1 of the State Department Basic Authorities

11 of 1956 (22 U.S.C. 2651a) is amended—

12 (1) by redesignating paragraphs (3) and (4) as

13 paragraphs (4) and (5), respectively; and

14 (2) by inserting after paragraph (2) the follow15 ing new paragraph:

16 ‘‘(3) The Secretary shall serve as the principal

17 foreign policy adviser to the President and shall,

18 under the direction of the President, be responsible for

19 the overall direction, coordination, and supervision of

20 United States foreign relations and for the inter21 departmental activities of the United States Govern22 ment abroad.’’.
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1 SEC. 1102. ASSUMPTION OF DUTIES BY INCUMBENT AP2 POINTEES.

3 An individual holding an office immediately prior to

4 the date of enactment of this Act—

5 (1) who was appointed to the office by the Presi6 dent, by and with the advice and consent of the Sen7 ate; and

8 (2) who performs duties substantially similar to

9 the duties of an office proposed to be created under a

10 reorganization plan submitted under section 1501,

11 may, in the discretion of the Secretary of State, assume the

12 duties of such new office, and shall not be required to be

13 reappointed by reason of the implementation of the reorga14 nization plan.

15 SEC. 1103. CONSOLIDATION OF UNITED STATES DIPLO16 MATIC MISSIONS AND CONSULAR POSTS.

17 (a) CONSOLIDATION PLAN.—The Secretary of State

18 shall develop a worldwide plan for the consolidation, wher19 ever practicable, on a regional or areawide basis, of United

20 States missions and consular posts abroad in order to carry

21 out this section.

22 (b) CONTENTS OF PLAN.—The plan shall—

23 (1) identify the specific United States diplomatic

24 missions and consular posts for consolidation;

25 (2) identify those missions and posts at which

26 the resident ambassador would also be accredited to
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1 other specified states in which the United States ei2 ther maintained no resident official presence or main3 tained such a presence only at staff level; and

4 (3) provide an estimate of—

5 (A) the amount by which expenditures

6 would be reduced through the reduction in the

7 number of United States Government personnel

8 assigned abroad;

9 (B) the amount by which expenditures

10 would be reduced through a reduction in the

11 costs of maintaining United States properties

12 abroad; and

13 (C) the amount of revenues generated to the

14 United States through the sale or other disposi15 tion of United States properties associated with

16 the posts to be consolidated abroad.

17 (c) TRANSMITTAL.—Not later than 180 days after the

18 date of enactment of this Act, the Secretary of State shall

19 transmit a copy of the plan to the appropriate congressional

20 committees.

21 (d) IMPLEMENTATION.—Not later than 60 days after

22 transmittal of the plan under subsection (c), the Secretary

23 of State shall take steps to implement the plan unless the

24 Congress before such date enacts legislation disapproving

25 the plan.
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1 (e) CONGRESSIONAL PRIORITY PROCEDURES.—(1) A

2 joint resolution described in paragraph (2) which is intro3 duced in a House of Congress after the date on which a

4 plan developed under subsection (a) is received by Congress,

5 shall be considered in accordance with the procedures set

6 forth in paragraphs (3) through (7) of section 8066(c) of

7 the Department of Defense Appropriations Act, 1985 (as

8 contained in Public Law 98–473 (98 Stat. 1936)), except

9 that—

10 (A) references to the ‘‘report described in para11 graph (1)’’ shall be deemed to be references to the joint

12 resolution; and

13 (B) references to the Committee on Appropria14 tions of the House of Representatives and to the Com15 mittee on Appropriations of the Senate shall be

16 deemed to be references to the Committee on Inter17 national Relations of the House of Representatives

18 and the Committee on Foreign Relations of the Sen19 ate.

20 (2) A joint resolution under this paragraph is a joint

21 resolution the matter after the resolving clause of which is

22 as follows: ‘‘That the Congress disapproves the plan submit23 ted by the President on pursuant to section

24 1109 of the Foreign Affairs Reinvention Act of 1995.’’.
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1 (f) RESUBMISSION OF PLAN.—If, within 60 days of

2 transmittal of a plan under subsection (c), Congress enacts

3 legislation disapproving the plan, the President shall trans4 mit to the appropriate congressional committees a revised

5 plan developed under subsection (a).

6 (g) STATUTORY CONSTRUCTION.—Nothing in this sec7 tion requires the termination of United States diplomatic

8 or consular relations with any foreign country.

9 (h) DEFINITIONS.—As used in this section:

10 (1) APPROPRIATE CONGRESSIONAL COMMIT11 TEES.—The term ‘‘appropriate congressional commit12 tees’’ means the Committee on International Relations

13 of the House of Representatives and the Committee on

14 Foreign Relations of the Senate.

15 (2) PLAN.—The term ‘‘plan’’ means the plan de16 veloped under subsection (a).

17 SEC. 1104. PROCEDURES FOR COORDINATION OF GOVERN18 MENT PERSONNEL AT OVERSEAS POSTS.

19 (a) AMENDMENT OF THE FOREIGN SERVICE ACT OF

20 1980.—Section 207 of the Foreign Service Act of 1980 (22

21 U.S.C. 3927) is amended—

22 (1) by redesignating subsection (c) as subsection

23 (e); and

24 (2) by inserting after subsection (b) the follow25 ing:
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1 ‘‘(c)(1) In carrying out subsection (b), the head of each

2 department, agency, or other entity of the executive branch

3 of Government shall ensure that, in coordination with the

4 Department of State, the approval of the chief of mission

5 to a foreign country is sought on any proposed change in

6 the size, composition, or mandate of employees of the respec7 tive department, agency, or entity (other than employees

8 under the command of a United States area military com9 mander) if the employees are performing duties in that

10 country.

11 ‘‘(2) In seeking the approval of the chief of mission

12 under paragraph (1), the head of a department, agency, or

13 other entity of the executive branch of Government shall

14 comply with the procedures set forth in National Security

15 Decision Directive Number 38, as in effect on June 2, 1982,

16 and the implementing guidelines issued thereunder.

17 ‘‘(d) The Secretary of State, in the sole discretion of

18 the Secretary, may accord diplomatic titles, privileges, and

19 immunities to employees of the executive branch of Govern20 ment who are performing duties in a foreign country.’’.

21 (b) REVIEW OF PROCEDURES FOR COORDINATION.—

22 (1) The President shall conduct a review of the procedures

23 contained in National Security Decision Directive Number

24 38, as in effect on June 2, 1982, and the practices in imple25 mentation of those procedures, to determine whether the pro-
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1 cedures and practices have been effective to enhance signifi2 cantly the coordination among the several departments,

3 agencies, and entities of the executive branch of Government

4 represented in foreign countries.

5 (2) Not later than 180 days after the date of enactment

6 of this Act, the President shall submit to the Committee on

7 Foreign Relations of the Senate and the Committee on

8 International Relations of the House of Representatives a

9 report containing the findings of the review conducted

10 under paragraph (1), together with any recommendations

11 for legislation as the President may determine to be nec12 essary.

13 TITLE XII—UNITED STATES

14 ARMS CONTROL AND DISAR15 MAMENT AGENCY

16 SEC. 1201. ABOLITION OF THE ACDA; REFERENCES IN PART.

17 (a) ABOLITION.—The United States Arms Control and

18 Disarmament Agency is abolished on the effective date of

19 this title.

20 (b) CONFORMING REPEAL.—Section 21 of the Arms

21 Control and Disarmament Act (22 U.S.C. 2561) is repealed.

22 (c) REFERENCES IN TITLE.—Except as specifically

23 provided in this title, whenever in this title an amendment

24 or repeal is expressed as an amendment to or repeal of a
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1 provision, the reference shall be deemed to be made to the

2 Arms Control and Disarmament Act.

3 SEC. 1202. REPEAL OF POSITIONS AND OFFICES.

4 The following sections are repealed:

5 (1) Section 22 (22 U.S.C. 2562; relating to the

6 Director).

7 (2) Section 23 (22 U.S.C. 2563; relating to the

8 Deputy Director).

9 (3) Section 24 (22 U.S.C. 2564; relating to As10 sistant Directors).

11 (4) Section 25 (22 U.S.C. 2565; relating to bu12 reaus, offices, and divisions).

13 SEC. 1203. AUTHORITIES OF THE SECRETARY OF STATE.

14 (a) IN GENERAL.—(1) Except as provided in para15 graph (2), the Arms Control and Disarmament Act (22

16 U.S.C. 2551 et seq.) is amended by striking ‘‘Agency’’ and

17 ‘‘Director’’ each place it appears and inserting ‘‘Depart18 ment’’ and ‘‘Secretary’’, respectively.

19 (2) No amendment shall be made under paragraph (1)

20 to references to the On-Site Inspection Agency or to the Di21 rector of Central Intelligence.

22 (b) PURPOSE.—Section 2 (22 U.S.C. 2551) is amend23 ed—

24 (1) by striking the second, fourth, fifth, and sixth

25 sentences; and
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1 (2) in the seventh sentence, by striking ‘‘It’’ and

2 all that follows through ‘‘State,’’ and inserting ‘‘The

3 Department of State shall have the authority’’.

4 (c) DEFINITIONS.—Section 3 (22 U.S.C. 2552) is

5 amended by striking paragraph (c) and inserting the fol6 lowing:

7 ‘‘(c) The term ‘Department’ means the Depart8 ment of State.

9 ‘‘(d) The term ‘Secretary’ means the Secretary of

10 State.’’.

11 (d) SCIENTIFIC AND POLICY ADVISORY COMMITTEE.—

12 Section 26(b) (22 U.S.C. 2566(b)) is amended by striking

13 ‘‘, the Secretary of State, and the Director’’ and inserting

14 ‘‘and the Secretary of State’’.

15 (e) PRESIDENTIAL SPECIAL REPRESENTATIVES.—Sec16 tion 27 (22 U.S.C. 2567) is amended by striking ‘‘, acting

17 through the Director’’.

18 (f) PROGRAM FOR VISITING SCHOLARS.—Section 28

19 (22 U.S.C. 2568) is amended—

20 (1) in the second sentence, by striking ‘‘Agency’s

21 activities’’ and inserting ‘‘Department’s arms control,

22 nonproliferation, and disarmament activities’’; and

23 (2) in the fourth sentence, by striking ‘‘, and all

24 former Directors of the Agency’’.
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1 (g) POLICY FORMULATION.—Section 33(a) (22 U.S.C.

2 2573(a)) is amended by striking ‘‘shall prepare for the

3 President, the Secretary of State,’’ and inserting ‘‘shall pre4 pare for the President’’.

5 (h) NEGOTIATION MANAGEMENT.—Section 34 (22

6 U.S.C. 2574) is amended—

7 (1) in subsection (a), by striking ‘‘the President

8 and the Secretary of State’’ and inserting ‘‘the Presi9 dent’’; and

10 (2) by striking subsection (b).

11 (i) VERIFICATION OF COMPLIANCE.—Section 37(d) (22

12 U.S.C. 2577(d)) is amended by striking ‘‘Director’s des13 ignee’’ and inserting ‘‘Secretary’s designee’’.

14 (j) GENERAL AUTHORITY.—Section 41 (22 U.S.C.

15 2581) is repealed.

16 (k) USE OF FUNDS.—Section 48 (22 U.S.C. 2588) is

17 repealed.

18 (l) ANNUAL REPORT.—Section 51(a) (22 U.S.C.

19 2593a(a)) is amended by striking ‘‘the Secretary of State,’’.

20 (m) REQUIREMENT FOR AUTHORIZATION OF APPRO21 PRIATIONS.—Section 53 (22 U.S.C. 2593c) is repealed.

22 (n) ON-SITE INSPECTION AGENCY.—Section 61 (22

23 U.S.C. 2595) is amended—

24 (1) in paragraph (1), by striking ‘‘United States

25 Arms Control and Disarmament Agency is’’ and in-
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1 serting ‘‘Department of State and the Department of

2 Defense are respectively’’; and

3 (2) in paragraph (7), by striking ‘‘the United

4 States Arms Control and Disarmament Agency and’’.

5 SEC. 1204. AUTHORIZATION OF APPROPRIATIONS.

6 Section 106 of the Foreign Relations Authorization

7 Act, Fiscal Years 1994 and 1995 (Public Law 103–236) is

8 amended—

9 (1) by amending the section heading to read as

10 follows:

11 ‘‘SEC. 106. DEPARTMENT OF STATE ARMS CONTROL AND

12 DISARMAMENT ACTIVITIES.’’;

13 and

14 (2) in subsection (a), by inserting ‘‘to the Sec15 retary of State’’ after ‘‘appropriated’’.

16 SEC. 1205. CONFORMING AMENDMENTS.

17 (a) The Arms Export Control Act is amended—

18 (1) in section 36(b)(1)(D) (22 U.S.C.

19 2776(b)(1)(D)), by striking ‘‘Director of the Arms

20 Control and Disarmament Agency in consultation

21 with the Secretary of State and’’ and inserting ‘‘Sec22 retary of State in consultation with’’;

23 (2) in section 38(a)(2) (22 U.S.C. 2778(a)(2))—

24 (A) in the first sentence, by striking ‘‘Direc25 tor of the United States Arms Control and Dis-
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1 armament Agency, taking into account the Di2 rector’s’’ and inserting ‘‘Secretary of State, tak3 ing into account the Secretary’s’’; and

4 (B) in the second sentence, by striking ‘‘The

5 Director of the Arms Control and Disarmament

6 Agency is authorized, whenever the Director’’

7 and inserting ‘‘The Secretary of State is author8 ized, whenever the Secretary’’;

9 (3) in section 42(a) (22 U.S.C. 2791(a))—

10 (A) in paragraph (1)(C), by striking ‘‘Di11 rector of the United States Arms Control and

12 Disarmament Agency’’ and inserting ‘‘Secretary

13 of State’’; and

14 (B) in paragraph (2)—

15 (i) in the first sentence, by striking

16 ‘‘Director of the United States Arms Control

17 and Disarmament Agency’’ and inserting

18 ‘‘Secretary of State’’; and

19 (ii) in the second sentence, by striking

20 ‘‘Director of the Arms Control and Disar21 mament Agency is authorized, whenever the

22 Director’’ and inserting ‘‘Secretary of State

23 is authorized, whenever the Secretary’’;

24 (4) in section 71(a) of such Act (22 U.S.C.

25 2797(a)), by striking ‘‘, the Director of the Arms Con-
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1 trol and Disarmament Agency,’’ and inserting ‘‘Sec2 retary of State’’;

3 (5) in section 71(b)(1) of such Act (22 U.S.C.

4 2797(b)(1)), by striking ‘‘Director of the United

5 States Arms Control and Disarmament Agency’’ and

6 inserting ‘‘Secretary of State;

7 (6) in section 71(b)(2) of such Act (22 U.S.C.

8 2797(b)(2))—

9 (A) by striking ‘‘Director of the United

10 States Arms Control and Disarmament Agency’’

11 and inserting ‘‘Secretary of State’’; and

12 (B) by striking ‘‘or the Director’’;

13 (7) in section 71(c) of such Act (22 U.S.C.

14 2797(c)), by striking ‘‘Director of the United States

15 Arms Control and Disarmament Agency,’’ and insert16 ing ‘‘Secretary of State’’; and

17 (8) in section 73(d) of such Act (22 U.S.C.

18 2797b(d)), by striking ‘‘, the Secretary of Commerce,

19 and the Director of the United States Arms Control

20 and Disarmament Agency’’ and inserting ‘‘and the

21 Secretary of Commerce’’.

22 (b) Section 1706(b) of the United States Institute of

23 Peace Act (22 U.S.C. 4605(b)) is amended—

24 (1) by striking out paragraph (3);
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1 (2) by redesignating paragraphs (4) and (5) as

2 paragraphs (3) and (4), respectively; and

3 (3) in paragraph (4) (as redesignated by para4 graph (2)), by striking ‘‘Eleven’’ and inserting

5 ‘‘Twelve’’.

6 (c) The Atomic Energy Act of 1954 is amended—

7 (1) in section 57 b. (42 U.S.C. 2077(b))—

8 (A) in the first sentence, by striking ‘‘the

9 Arms Control and Disarmament Agency,’’, and

10 (B) in the second sentence, by striking ‘‘the

11 Director of the Arms Control and Disarmament

12 Agency,’’, and

13 (2) in section 123 (42 U.S.C. 2153)—

14 (A) in subsection a. (in the text below para15 graph (9)—

16 (i) by striking ‘‘and in consultation

17 with the Director of the Arms Control and

18 Disarmament Agency (‘the Director’)’’, and

19 (ii) by striking ‘‘and the Director’’ and

20 inserting ‘‘and the Secretary of Defense’’,

21 (B) in subsection d., in the first proviso, by

22 striking ‘‘Director of the Arms Control and Dis23 armament Agency’’ and inserting ‘‘Secretary of

24 Defense’’, and
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1 (C) in the first undesignated paragraph fol2 lowing subsection d., by striking ‘‘the Arms Con3 trol and Disarmament Agency,’’.

4 (d) The Nuclear Non-Proliferation Act of 1978 is

5 amended—

6 (1) in section 4, by striking paragraph (2);

7 (2) in section 102, by striking ‘‘the Secretary of

8 State, and the Director of the Arms Control and Dis9 armament Agency’’ and inserting ‘‘and the Secretary

10 of State’’; and

11 (3) in section 602(c), by striking ‘‘the Arms Con12 trol and Disarmament Agency,’’.

13 (e) Title 5, United States Code, is amended—

14 (1) in section 5313, by striking ‘‘Director of the

15 United States Arms Control and Disarmament Agen16 cy.’’,

17 (2) in section 5314, by striking ‘‘Deputy Direc18 tor of the United States Arms Control and Disar19 mament Agency.’’,

20 (3) in section 5315—

21 (A) by striking ‘‘Assistant Directors, United

22 States Arms Control and Disarmament Agency

23 (4).’’, and

24 (B) by striking ‘‘Special Representatives of

25 the President for arms control, nonproliferation,
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1 and disarmament matters, United States Arms

2 Control and Disarmament Agency’’, and insert3 ing ‘‘Special Representatives of the President for

4 arms control, nonproliferation, and disarmament

5 matters, Department of State’’, and

6 (4) in section 5316, by striking ‘‘General Counsel

7 of the United States Arms Control and Disarmament

8 Agency.’’.

9 SEC. 1206. REFERENCES IN LAW.

10 Any reference in any statute, reorganization plan, Ex11 ecutive order, regulation, agreement, determination, or

12 other official document or proceeding to the United States

13 Arms Control and Disarmament Agency or the Director or

14 other official of the United States Arms Control and Disar15 mament Agency shall be deemed to refer respectively to the

16 Department of State or the Secretary of State or other offi17 cial of the Department of State.

18 SEC. 1207. EFFECTIVE DATE.

19 This title, and the amendments made by this title,

20 shall take effect only in the event of the abolition of the inde21 pendent foreign affairs agencies specified in section 1501(e).
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1 TITLE XIII—UNITED STATES

2 INFORMATION AGENCY

3 SEC. 1301. ABOLITION.

4 The United States Information Agency is abolished

5 upon the effective date of this title.

6 SEC. 1302. REFERENCES IN LAW.

7 Any reference in any statute, reorganization plan, Ex8 ecutive order, regulation, agreement, determination, or

9 other official document or proceeding to—

10 (1) the Director of the United States Information

11 Agency or the Director of the International Commu12 nication Agency shall be deemed to refer to the Sec13 retary of State; and

14 (2) the United States Information Agency,

15 USIA, or the International Communication Agency

16 shall be deemed to refer to the Department of State.

17 SEC. 1303. AMENDMENTS TO TITLE 5.

18 Title 5, United States Code, is amended—

19 (1) in section 5313, by striking ‘‘Director of the

20 United States Information Agency.’’;

21 (2) in section 5315, by striking ‘‘Deputy Direc22 tor of the United States Information Agency.’’; and

23 (3) in section 5316, by striking ‘‘Deputy Direc24 tor, Policy and Plans, United States Information
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1 Agency.’’ and striking ‘‘Associate Director (Policy

2 and Plans), United States Information Agency.’’.

3 SEC. 1304. AMENDMENTS TO UNITED STATES INFORMATION

4 AND EDUCATIONAL EXCHANGE ACT OF 1948.

5 (a) REFERENCES IN SECTION.—Except as specifically

6 provided in this section, whenever in this section an amend7 ment or repeal is expressed as an amendment or repeal of

8 a provision, the reference shall be deemed to be made to

9 the United States Information and Educational Exchange

10 Act of 1948 (22 U.S.C. 1431 et seq.).

11 (b) IN GENERAL.—Except as otherwise provided in

12 this section, the Act (other than section 604 and subsections

13 (a) and (c) of section 701) is amended—

14 (1) by striking ‘‘United States Information

15 Agency’’ each place it appears and inserting ‘‘Depart16 ment of State’’;

17 (2) by striking ‘‘Director of the United States

18 Information Agency’’ each place it appears and in19 serting ‘‘Secretary of State’’;

20 (3) by striking ‘‘Director’’ each place it appears

21 and inserting ‘‘Secretary of State’’;

22 (4) by striking ‘‘USIA’’ each place it appears

23 and inserting ‘‘Department of State’’; and

24 (5) by striking ‘‘Agency’’ each place it appears

25 and inserting ‘‘Department of State.
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1 (c) SATELLITE AND TELEVISION BROADCASTS.—Sec2 tion 505 (22 U.S.C. 1464a) is amended—

3 (1) by striking ‘‘Director of the United States

4 Information Agency’’ each of the three places it ap5 pears and inserting ‘‘Secretary of State’’;

6 (2) in subsection (b), by striking ‘‘To be effective,

7 the United States Information Agency’’ and inserting

8 ‘‘To be effective in carrying out this subsection, the

9 Department of State’’;

10 (3) by striking ‘‘USIA–TV’’ each place it ap11 pears and inserting ‘‘DEPARTMENT OF STATE–

12 TV’’; and

13 (4) by striking subsection (e).

14 (d) NONDISCRETIONARY PERSONNEL COSTS AND CUR15 RENCY FLUCTUATIONS.—Section 704 (22 U.S.C. 1477b) is

16 amended—

17 (1) in subsection (b), by inserting after ‘‘author18 ized by law’’ the following: ‘‘in connection with carry19 ing out the informational and educational exchange

20 functions of the Department’’; and

21 (2) in subsection (c), by striking ‘‘United States

22 Information Agency’’ each place it appears and in23 serting ‘‘Department of State in carrying out the in24 formational and educational exchange functions of the

25 Department’’.
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1 (e) REPROGRAMMING NOTIFICATIONS.—Section 705

2 (22 U.S.C. 1477c) is amended by striking ‘‘United States

3 Information Agency’’ each place it appears and inserting

4 ‘‘Department of State in carrying out its informational and

5 educational exchange functions’’.

6 (f) AUTHORITIES OF THE SECRETARY.—Section

7 801(3) (22 U.S.C. 1471(3)) is amended by striking all ‘‘if

8 the sufficiency’’ and all that follows and inserting ‘‘if the

9 Secretary determines that title to such real property or in10 terests is sufficient;’’.

11 (g) REPEAL OF THE USIA SEAL.—Section 807 (22

12 U.S.C. 1475b) is repealed.

13 (h) ACTING ASSOCIATE DIRECTORS.—Section 808 (22

14 U.S.C. 1475c) is repealed.

15 (i) DEBT COLLECTION.—Section 811 (22 U.S.C.

16 1475f) is amended by inserting ‘‘informational and edu17 cational exchange’’ before ‘‘activities’’ each place it appears.

18 (j) OVERSEAS POSTS.—Section 812 (22 U.S.C. 1475g)

19 is amended by striking ‘‘United States Information Agency

20 post’’ each place it appears and inserting ‘‘informational

21 and educational exchange post of the Department of State’’.

22 (k) DEFINITION.—Section 4 (22 U.S.C. 1433) is

23 amended by adding at the end the following:

24 ‘‘(4) ‘informational and educational exchange

25 functions’, with respect to the Department of State,
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1 refers to functions exercised by the United States In2 formation Agency before the effective date of title XIII

3 of the Foreign Affairs Reinvention Act of 1995.’’.

4 SEC. 1305. AMENDMENTS TO THE MUTUAL EDUCATIONAL

5 AND CULTURAL EXCHANGE ACT OF 1961 (FUL6 BRIGHT-HAYS ACT).

7 (a) REFERENCES IN SECTION.—Except as specifically

8 provided in this section, whenever in this section an amend9 ment or repeal is expressed as an amendment or repeal of

10 a provision, the reference shall be deemed to be made to

11 the Mutual Educational and Cultural Exchange Act of 1961

12 (22 U.S.C. 2451 et seq.).

13 (b) IN GENERAL.—The Act (22 U.S.C. 2451 et seq.)

14 is amended by striking ‘‘Director of the International Com15 munication Agency’’ each place it appears and inserting

16 ‘‘Secretary of State’’.

17 (c) PROGRAM AUTHORITIES.—(1) Section 102(a) (22

18 U.S.C. 2452(a)) is amended by striking ‘‘President’’ each

19 place it appears and inserting ‘‘Secretary of State’’.

20 (2) Section 102(b) (22 U.S.C. 2452(b)) is amended by

21 striking ‘‘President’’ and inserting ‘‘Secretary of State (ex22 cept, in the case of paragraphs (6) and (10), the Presi23 dent)’’.
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1 (d) INTERNATIONAL AGREEMENTS.—Section 103 (22

2 U.S.C. 2453) is amended by striking ‘‘President’’ each place

3 it appears and inserting ‘‘Secretary of State’’.

4 (e) PERSONNEL BENEFITS.—Section 104(d) (22

5 U.S.C. 2454(d)) is amended by striking ‘‘President’’ each

6 place it appears and inserting ‘‘Secretary of State’’.

7 (f) FOREIGN STUDENT COUNSELING.—Section

8 104(e)(3) (22 U.S.C. 2454(e)(3)) is amended by striking

9 ‘‘President’’ and inserting ‘‘Secretary of State’’.

10 (g) PUBLICITY AND PROMOTION OVERSEAS.—Section

11 104(e)(4) (22 U.S.C. 2454(e)(4)) is amended by striking

12 ‘‘President’’ and inserting ‘‘Secretary of State’’.

13 (h) USE OF FUNDS.—Section 105(e) (22 U.S.C.

14 2455(e)) is amended by striking ‘‘President’’ each place it

15 appears and inserting ‘‘Secretary of State’’.

16 (i) REPEAL OF AUTHORITY FOR ABOLISHED ADVISORY

17 COMMITTEE.—Section 106(c) of the Mutual Educational

18 and Cultural Exchange Act of 1961 (22 U.S.C. 2456(c)) is

19 repealed.

20 (j) BUREAU OF EDUCATIONAL AND CULTURAL AF21 FAIRS.—

22 (1) IN GENERAL.—Section 112(a) (22 U.S.C.

23 2460(a)) is amended by striking the first sentence and

24 inserting the following: ‘‘In order to carry out the

25 purposes of this Act, there is established in the De-
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1 partment of State a Bureau for International Ex2 change Activities (in this section referred to as the

3 ‘‘Bureau’’).

4 (2) IMPLEMENTATION OF PROGRAMS.—Section

5 112(c) (22 U.S.C. 2460(c)) is amended by striking

6 ‘‘President’’ each place it appears and inserting ‘‘Sec7 retary of State’’.

8 SEC. 1306. INTERNATIONAL BROADCASTING ACTIVITIES.

9 (a) IN GENERAL.—(1) Except as otherwise provided

10 in paragraph (2), title III of the Foreign Relations Author11 ization Act, Fiscal Years 1994 and 1995 (Public Law 103–

12 236) is amended—

13 (A) by striking ‘‘Director of the United States

14 Information Agency’’ or ‘‘Director’’ each place it ap15 pears and inserting ‘‘Under Secretary of State for

16 Public Diplomacy’’;

17 (B) by striking all references to ‘‘United States

18 Information Agency’’ that were not stricken in sub19 paragraph (A) and inserting ‘‘Department of State’’;

20 (C) in section 305(a)(1), by inserting ‘‘(includ21 ing activities of the Voice of America previously car22 ried out by the United States Information Agency)’’

23 after ‘‘this title’’;
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1 (D) in section 305(b), by striking ‘‘Agency’s’’

2 each place it appears and inserting ‘‘Department’s’’;

3 and

4 (E) by striking ‘‘Bureau’’ each place it appears

5 and inserting ‘‘Office’’.

6 (2) Title III of such Act is amended—

7 (A) in section 304(c)—

8 (i) by striking ‘‘Director’s’’ and inserting

9 ‘‘Under Secretary’s’’; and

10 (ii) in the fifth sentence, by striking ‘‘Direc11 tor of the United States Information Agency, the

12 acting Director of the agency’’ and inserting

13 ‘‘Under Secretary of State for Public Diplomacy,

14 the acting Under Secretary’’;

15 (B) in sections 305(b) and 307(b)(1), by striking

16 ‘‘Director of the Bureau’’ each place it appears and

17 inserting ‘‘Director of the Office’’;

18 (C) in subsections (i) and (j) of section 308, by

19 striking ‘‘Inspector General of the United States In20 formation Agency’’ each place it appears and insert21 ing ‘‘Inspector General for Foreign Affairs’’; and

22 (D) in section 310(d), by striking ‘‘Director on

23 the date of enactment of this Act, to the extent that

24 the Director’’ and inserting ‘‘Under Secretary on the

25 effective date of title XIII of the Foreign Affairs
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1 Reinvention Act of 1995, to the extent that the Under

2 Secretary’’.

3 (b) CONFORMING AMENDMENT TO TITLE 5.—Section

4 5315 of title 5, United States Code, is amended by striking

5 ‘‘Director of the International Broadcasting Bureau, the

6 United States Information Agency’’ and inserting ‘‘Direc7 tor of the International Broadcasting Office, the Depart8 ment of State’’.

9 SEC. 1307. TELEVISION BROADCASTING TO CUBA.

10 (a) AUTHORITY.—Section 243(a) of the Television

11 Broadcasting to Cuba Act (as contained in part D of title

12 II of Public Law 101–246) (22 U.S.C. 1465bb(a)) is amend13 ed by striking ‘‘United States Information Agency (here14 after in this part referred to as the ‘Agency’)’’ and inserting

15 ‘‘Department of State (hereafter in this title referred to as

16 the ‘Department’)’’.

17 (b) TELEVISION MARTI SERVICE.—Section 244 of such

18 Act (22 U.S.C. 1465cc) is amended—

19 (1) in subsection (a)—

20 (A) by amending the first sentence to read

21 as follows: ‘‘The Secretary of State shall admin22 ister within the Voice of America the Television

23 Marti Service.’’, and
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1 (B) in the third sentence, by striking ‘‘Di2 rector of the United States Information Agency’’

3 and inserting ‘‘Secretary of State’’;

4 (2) in subsection (b)—

5 (A) in the subsection heading, by striking

6 ‘‘USIA’’ and inserting ‘‘Department of State’’,

7 (B) by striking ‘‘Agency facilities’’ and in8 serting ‘‘Department facilities’’, and

9 (C) by striking ‘‘United States Information

10 Agency Television Service’’ and inserting ‘‘De11 partment of State Television Service’’; and

12 (3) in subsection (c)—

13 (A) by striking ‘‘USIA AUTHORITY.—The

14 Agency’’ and inserting ‘‘SECRETARY OF STATE

15 AUTHORITY.—The Secretary of State’’; and

16 (B) by striking ‘‘Agency’’ the second place it

17 appears and inserting ‘‘Secretary of State’’.

18 (c) ASSISTANCE FROM OTHER GOVERNMENT AGEN19 CIES.—Section 246 of such Act (22 U.S.C. 1465dd) is

20 amended—

21 (1) by striking ‘‘United States Information

22 Agency’’ and inserting ‘‘Department of State’’; and

23 (2) by striking ‘‘the Agency’’ and inserting ‘‘the

24 Department’’.
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1 (d) AUTHORIZATION OF APPROPRIATIONS.—Section

2 247(a) of such Act (22 U.S.C. 1465ee(a)) is repealed.

3 SEC. 1308. RADIO BROADCASTING TO CUBA.

4 (a) FUNCTIONS OF THE DEPARTMENT OF STATE.—

5 Section 3 of the Radio Broadcasting to Cuba Act (22 U.S.C.

6 1465a) is amended—

7 (1) in the section heading, by striking ‘‘United

8 States Information Agency’’ and inserting ‘‘Depart9 ment of State’’;

10 (2) in subsection (a), by striking ‘‘United States

11 Information Agency (hereafter in this Act referred to

12 as the ‘Agency’)’’ and inserting ‘‘Department of State

13 (hereafter in this Act referred to as the ‘Depart14 ment’)’’;

15 (3) by striking subsection (d); and

16 (4) in subsection (f), by striking ‘‘Director of the

17 United States Information Agency’’ and inserting

18 ‘‘Secretary of State’’.

19 (b) CUBA SERVICE.—Section 4 of such Act (22 U.S.C.

20 1465b) is amended—

21 (1) by amending the first sentence to read as fol22 lows: ‘‘The Secretary of State shall administer within

23 the Voice of America the Cuba Service (hereafter in

24 this section referred to as the ‘Service’).’’; and
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1 (2) in the third sentence, by striking ‘‘Director

2 of the United States Information Agency’’ and insert3 ing ‘‘Secretary of State’’.

4 (c) ASSISTANCE FROM OTHER GOVERNMENT AGEN5 CIES.—Section 6 of such Act (22 U.S.C. 1465d) is amend6 ed—

7 (1) in subsection (a)—

8 (A) by striking ‘‘United States Information

9 Agency’’ and inserting ‘‘Department of State’’;

10 and

11 (B) by striking ‘‘the Agency’’ and inserting

12 ‘‘the Department’’; and

13 (2) in subsection (b)—

14 (A) by striking ‘‘The Agency’’ and inserting

15 ‘‘The Department’’; and

16 (B) by striking ‘‘the Agency’’ and inserting

17 ‘‘the Secretary of State’’.

18 (d) FACILITY COMPENSATION.—Section 7 of such Act

19 (22 U.S.C. 1465e) is amended—

20 (1) in subsection (b), by striking ‘‘the Agency’’

21 and inserting ‘‘the Department’’; and

22 (2) in subsection (d), by striking ‘‘Agency’’ and

23 inserting ‘‘Department’’.

24 (e) AUTHORIZATION OF APPROPRIATIONS.—Section 8

25 of such Act (22 U.S.C. 1465f) is amended—
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1 (1) by striking subsections (a) and (b) and in2 serting the following:

3 ‘‘(a) The amount obligated by the Department of State

4 each fiscal year to carry out this Act shall be sufficient to

5 maintain broadcasts to Cuba under this Act at rates no

6 less than the fiscal year 1985 level of obligations by the

7 former United States Information Agency for such broad8 casts.’’; and

9 (2) by redesignating subsection (c) as subsection

10 (b).

11 SEC. 1309. NATIONAL ENDOWMENT FOR DEMOCRACY.

12 (a) GRANTS.—Section 503 of Public Law 98–164, as

13 amended (22 U.S.C. 4412) is amended—

14 (1) in subsection (a)—

15 (A) by striking ‘‘Director of the United

16 States Information Agency’’ and inserting ‘‘Sec17 retary of State’’;

18 (B) by striking ‘‘the Agency’’ and inserting

19 ‘‘the Department of State’’; and

20 (C) by striking ‘‘the Director’’ and inserting

21 ‘‘the Secretary of State’’; and

22 (2) in subsection (b), by striking ‘‘United States

23 Information Agency’’ and inserting ‘‘Department of

24 State’’.
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1 (b) AUDITS.—Section 504(g) of such Act (22 U.S.C.

2 4413(g)) is amended by striking ‘‘United States Informa3 tion Agency’’ and inserting ‘‘Department of State’’.

4 (c) FREEDOM OF INFORMATION.—Section 506 of such

5 Act (22 U.S.C. 4415) is amended—

6 (1) in subsection (b)—

7 (A) by striking ‘‘Director’’ each of the three

8 places it appears and inserting ‘‘Secretary’’; and

9 (B) by striking ‘‘of the United States Infor10 mation Agency’’ and inserting ‘‘of State’’; and

11 (2) in subsection (c)—

12 (A) in the subsection heading by striking

13 ‘‘USIA’’ and inserting ‘‘DEPARTMENT OF

14 STATE’’;

15 (B) by striking ‘‘Director’’ each of the three

16 places it appears and inserting ‘‘Secretary’’;

17 (C) by striking ‘‘of the United States Infor18 mation Agency’’ and inserting ‘‘of State’’; and

19 (D) by striking ‘‘United States Information

20 Agency’’ and inserting ‘‘Department of State’’.

21 SEC. 1310. UNITED STATES SCHOLARSHIP PROGRAM FOR

22 DEVELOPING COUNTRIES.

23 (a) PROGRAM AUTHORITY.—Section 603 of the For24 eign Relations Authorization Act, Fiscal Years 1986 and

25 1987 (22 U.S.C. 4703) is amended by striking ‘‘United
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1 States Information Agency’’ and inserting ‘‘Department of

2 State’’.

3 (b) GUIDELINES.—Section 604(11) of such Act (22

4 U.S.C. 4704(11)) is amended by striking ‘‘United States In5 formation Agency’’ and inserting ‘‘Department of State’’.

6 (c) POLICY REGARDING OTHER INTERNATIONAL EDU7 CATIONAL PROGRAMS.—Section 606(b) of such Act (22

8 U.S.C. 4706(b)) is amended—

9 (1) in the subsection heading, by striking

10 ‘‘USIA’’ and inserting ‘‘STATE DEPARTMENT’’; and

11 (2) by striking ‘‘Director of the United States

12 Information Agency’’ and inserting ‘‘Secretary of

13 State’’.

14 (d) GENERAL AUTHORITIES.—Section 609(e) of such

15 Act (22 U.S.C. 4709(e)) is amended by striking ‘‘United

16 States Information Agency’’ and inserting ‘‘Department of

17 State’’.

18 SEC. 1311. NATIONAL SECURITY EDUCATION BOARD.

19 Section 803 of the Intelligence Authorization Act, Fis20 cal Year 1992 (50 U.S.C. 1903(b)) is amended—

21 (1) in subsection (b)—

22 (A) by striking paragraph (6); and

23 (B) by redesignating paragraph (7) as

24 paragraph (6); and
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1 (2) in subsection (c), by striking ‘‘subsection

2 (b)(7)’’ and inserting ‘‘subsection (b)(6)’’.

3 SEC. 1312. CENTER FOR CULTURAL AND TECHNICAL INTER4 CHANGE BETWEEN NORTH AND SOUTH.

5 Section 208 of the Foreign Relations Authorization

6 Act, Fiscal Years 1992 and 1993 (22 U.S.C. 2075) is

7 amended by striking ‘‘Director of the United States Infor8 mation Agency’’ each place it appears and inserting ‘‘Sec9 retary of State’’.

10 SEC. 1313. CENTER FOR CULTURAL AND TECHNICAL INTER11 CHANGE BETWEEN EAST AND WEST.

12 (a) DUTIES.—Section 703 of the Mutual Security Act

13 of 1960 (22 U.S.C. 2055) is amended—

14 (1) in the text above paragraph (1), by striking

15 ‘‘Director of the United States Information Agency’’

16 (hereinafter referred to as the ‘Director’)’’ and insert17 ing ‘‘Secretary of State (hereinafter referred to as the

18 ‘Secretary’); and

19 (2) in paragraph (1), by striking ‘‘establishment

20 and’’.

21 (b) ADMINISTRATION.—Section 704 of such Act (22

22 U.S.C. 2056) is amended—

23 (1) by striking ‘‘Director of the United States

24 Information Agency’’ and inserting ‘‘Secretary of

25 State’’; and
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1 (2) by striking ‘‘Director’’ each place it appears

2 and inserting ‘‘Secretary’’.

3 SEC. 1314. MISSION OF THE DEPARTMENT OF STATE.

4 Section 202 of the Foreign Relations Authorization

5 Act, Fiscal Year 1979 (22 U.S.C. 1461–1) is amended—

6 (1) in the first sentence, by striking ‘‘mission of

7 the United States Information Agency’’ and inserting

8 ‘‘mission of the Department of State in carrying out

9 its information, educational, and cultural functions’’;

10 (2) in the second sentence, in the text above

11 paragraph (1), by striking ‘‘United States Informa12 tion Agency’’ and inserting ‘‘Department of State’’;

13 (3) in paragraph (1)(B), by striking ‘‘Agency’’

14 and inserting ‘‘Department’’; and

15 (4) in paragraph (5), by striking ‘‘mission of the

16 Agency’’ and inserting ‘‘mission described in this sec17 tion’’.

18 SEC. 1315. CONSOLIDATION OF ADMINISTRATIVE SERVICES.

19 Section 23 of the State Department Basic Authorities

20 Act of 1956 (22 U.S.C. 2695(a)) is amended—

21 (1) by striking ‘‘(including’’ and all that follows

22 through ‘‘Agency)’’; and

23 (2) by striking ‘‘other such agencies’’ and insert24 ing ‘‘other Federal agencies’’.
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1 SEC. 1316. GRANTS.

2 Section 212 of the Foreign Relations Authorization

3 Act, Fiscal Years 1992 and 1993 (22 U.S.C. 1475h) is

4 amended—

5 (1) in subsection (a), by striking ‘‘United States

6 Information Agency’’ and inserting ‘‘Department of

7 State, in carrying out its international information,

8 educational, and cultural functions,’’;

9 (2) in subsection (b), by striking ‘‘United States

10 Information Agency’’ and inserting ‘‘Department of

11 State’’;

12 (3) in subsection (c)—

13 (A) in paragraph (1), by striking ‘‘United

14 States Information Agency shall substantially

15 comply with United States Information Agency’’

16 and inserting ‘‘Department of State, in carrying

17 out its international information, educational,

18 and cultural functions, shall substantially com19 ply with Department of State’’; and

20 (B) in paragraph (2), by striking ‘‘United

21 States Information Agency’’ and inserting ‘‘De22 partment of State’’; and

23 (C) in paragraphs (2) and (3), by striking

24 ‘‘Agency’’ each of the two places it appears and

25 inserting ‘‘Department’’; and

26 (4) by striking subsection (d).
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1 SEC. 1317. BAN ON DOMESTIC ACTIVITIES.

2 Section 208 of the Foreign Relations Authorization

3 Act, Fiscal Years 1986 and 1987 (22 U.S.C. 1461–1a) is

4 amended—

5 (1) by striking out ‘‘United States Information

6 Agency’’ each of the two places it appears and insert7 ing ‘‘Department of State’’; and

8 (2) by inserting ‘‘in carrying out international

9 information, educational, and cultural activities com10 parable to those previously administered by the Unit11 ed States Information Agency’’ before ‘‘shall be dis12 tributed’’.

13 SEC. 1318. CONFORMING REPEAL TO THE ARMS CONTROL

14 AND DISARMAMENT ACT.

15 Section 34(b) of the Arms Control and Disarmament

16 Act (22 U.S.C. 2574(b)) is repealed.

17 SEC. 1319. REPEAL RELATING TO PROCUREMENT OF LEGAL

18 SERVICES.

19 Section 26(b) of the State Department Basic Authori20 ties Act of 1956 (22 U.S.C. 2698(b)) is repealed.

21 SEC. 1320. REPEAL RELATING TO PAYMENT OF SUBSIST22 ENCE EXPENSES.

23 Section 32 of the State Department Basic Authorities

24 Act of 1956 (22 U.S.C. 2704) is amended by striking the

25 second sentence.
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1 SEC. 1321. CONFORMING AMENDMENT TO THE SEED ACT.

2 Section 2(c) of the Support for East European Democ3 racy (SEED) Act of 1989 (22 U.S.C. 5401(c)) is amended

4 in paragraph (17) by striking ‘‘United States Information

5 Agency’’ and inserting ‘‘Department of State’’.

6 SEC. 1322. INTERNATIONAL CULTURAL AND TRADE CENTER

7 COMMISSION.

8 Section 7(c)(1) of the Federal Triangle Development

9 Act (40 U.S.C. 1106(c)(1)) is amended—

10 (1) in the text above subparagraph (A), by strik11 ing ‘‘15 members’’ and inserting ‘‘14 members’’;

12 (2) by striking subparagraph (F); and

13 (3) by redesignating subparagraphs (G) through

14 (J) as subparagraphs (F) through (I), respectively.

15 SEC. 1323. OTHER LAWS REFERENCED IN REORGANIZATION

16 PLAN NO. 2 OF 1977.

17 (a) IMMIGRATION AND NATIONALITY ACT.—(1) Section

18 101(a)(15)(J) of the Immigration and Nationality Act (8

19 U.S.C. 1101(a)(15)(J)) is amended by striking ‘‘Director

20 of the United States Information Agency’’ and inserting

21 ‘‘Secretary of State’’.

22 (2) Section 212(e) of such Act (8 U.S.C. 1182(e)) is

23 amended—

24 (A) by striking ‘‘Director of the United States

25 Information Agency’’ and inserting ‘‘Secretary of

26 State’’; and
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1 (B) by striking ‘‘Director’’ each place it appears

2 and inserting ‘‘Secretary’’.

3 (b) ARTS AND ARTIFACTS INDEMNITY ACT.—Section

4 3(a) of the Arts and Artifacts Indemnity Act (20 U.S.C.

5 972(a)) is amended by striking out ‘‘Director of the United

6 States Information Agency’’ and inserting in lieu thereof

7 ‘‘Secretary of State’’.

8 (c) NATIONAL FOUNDATION ON THE ARTS AND THE

9 HUMANITIES ACT OF 1965.—Section 9(b) of the National

10 Foundation on the Arts and the Humanities Act of 1965

11 (20 U.S.C. 958(b)) is amended by striking out ‘‘a member

12 designated by the Director of the United States Information

13 Agency,’’ and inserting in lieu thereof ‘‘a member des14 ignated by the Secretary of State,’’.

15 (d) WOODROW WILSON MEMORIAL ACT OF 1968.—

16 Section 3(b) of the Woodrow Wilson Memorial Act of 1968

17 (20 U.S.C. 80f(b)) is amended—

18 (1) in the matter preceding paragraph (1), by

19 striking out ‘‘19 members’’ and inserting in lieu

20 thereof ‘‘18 members’’;

21 (2) by striking out paragraph (7); and

22 (3) by redesignating paragraphs (8), (9), and

23 (10) as paragraphs (7), (8), and (9), respectively.

24 (e) PUBLIC LAW 95–86.—Title V of the Departments

25 of State, Justice, and Commerce, the Judiciary, and Relat-
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1 ed Agencies Appropriations Act, 1978 (Public Law 95–86)

2 is amended in the third proviso of the paragraph ‘‘SALA3 RIES AND EXPENSES’’ under the heading ‘‘UNITED STATES

4 INFORMATION AGENCY’’ (22 U.S.C. 1461b) by striking out

5 ‘‘the United States Information Agency is authorized,’’ and

6 inserting in lieu thereof ‘‘the Secretary of State may,’’.

7 (f) ACT OF JULY 9, 1949.—The Act of July 9, 1949

8 (63 Stat. 408; chapter 301; 22 U.S.C. 2681 et seq.) is re9 pealed.

10 SEC. 1324. EXCHANGE PROGRAM WITH COUNTRIES IN

11 TRANSITION FROM TOTALITARIANISM TO DE12 MOCRACY.

13 Section 602 of the National and Community Service

14 Act of 1990 (22 U.S.C. 2452a) is amended—

15 (1) in the second sentence of subsection (a), by

16 striking ‘‘United States Information Agency’’ and in17 serting ‘‘Department of State’’; and

18 (2) in subsection (b)—

19 (A) by striking ‘‘appropriations account of

20 the United States Information Agency’’ and in21 serting ‘‘appropriate appropriations account of

22 the Department of State’’; and

23 (B) by striking ‘‘and the United States In24 formation Agency’’.
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1 SEC. 1325. EDMUND S. MUSKIE FELLOWSHIP PROGRAM.

2 Section 227 of the Foreign Relations Authorization

3 Act, Fiscal Years 1992 and 1993 (22 U.S.C. 2452 note) is

4 amended—

5 (1) in subsection (b), by striking ‘‘United States

6 Information Agency’’ and inserting ‘‘Department of

7 State’’; and

8 (2) by striking subsection (d).

9 SEC. 1326. IMPLEMENTATION OF CONVENTION ON CUL10 TURAL PROPERTY.

11 Title III of the Convention on Cultural Property Im12 plementation Act (19 U.S.C. 2601 et seq.) is amended by

13 striking ‘‘Director of the United States Information Agen14 cy’’ each place it appears and inserting ‘‘Secretary of

15 State’’.

16 SEC. 1327. MIKE MANSFIELD FELLOWSHIPS.

17 Part C of title II of the Foreign Relations Authoriza18 tion Act, Fiscal Years 1994 and 1995 (22 U.S.C. 6101 et

19 seq.) is amended—

20 (1) by striking ‘‘Director of the United States

21 Information Agency’’ each place it appears and in22 serting ‘‘Secretary of State’’; and

23 (2) by striking ‘‘United States Information

24 Agency’’ each place it appears and inserting ‘‘Depart25 ment of State’’.
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1 SEC. 1328. UNITED STATES ADVISORY COMMITTEE FOR

2 PUBLIC DIPLOMACY.

3 Section 604 of the United States Information and

4 Educational Exchange Act of 1948 (22 U.S.C. 1469) is

5 amended—

6 (1) in subsection (c)(1)—

7 (A) by striking ‘‘the Director of the United

8 States Information Agency,’’; and

9 (B) by striking ‘‘Director or the Agency,

10 and shall appraise the effectiveness of policies

11 and programs of the Agency’’ and inserting

12 ‘‘Secretary of State or the Department of State,

13 and shall appraise the effectiveness of the infor14 mation, educational, and cultural policies and

15 programs of the Department’’;

16 (2) in subsection (c)(2), in the first sentence—

17 (A) by striking ‘‘the Secretary of State, and

18 the Director of the United States Information

19 Agency’’ and inserting ‘‘, and the Secretary of

20 State’’;

21 (B) by striking ‘‘Agency’’ the first place it

22 appears and inserting ‘‘Department of State’’;

23 and

24 (C) by striking ‘‘Director for effectuating

25 the purposes of the Agency’’ and inserting ‘‘Sec26 retary for effectuating the information, edu-
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1 cational, and cultural functions of the Depart2 ment’’;

3 (3) in subsection (c)(3), by striking ‘‘programs

4 conducted by the Agency’’ and inserting ‘‘informa5 tion, educational, and cultural programs conducted

6 by the Department of State’’; and

7 (4) in subsection (c)(4), by striking ‘‘Director of

8 the United States Information Agency’’ and inserting

9 ‘‘Secretary of State’’.

10 SEC. 1329. EFFECTIVE DATE.

11 This title, and the amendments made by this title,

12 shall take effect only in the event of the abolition of the inde13 pendent foreign affairs agencies specified in section 1501(e).

14 TITLE XIV—AGENCY FOR INTER15 NATIONAL DEVELOPMENT

16 AND THE INTERNATIONAL DE17 VELOPMENT COOPERATION

18 AGENCY

19 SEC. 1401. ABOLITIONS; REFERENCES IN PART.

20 (a) ABOLITIONS.—The Agency for International Devel21 opment and the International Development Cooperation

22 Agency (exclusive of components expressly established by

23 statute or reorganization plan) are abolished upon the effec24 tive date of this title.
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1 (b) REFERENCES IN PART.—Except as specifically

2 provided in this title, whenever in this title an amendment

3 or repeal is expressed as an amendment to or repeal of a

4 provision, the reference shall be deemed to be made to the

5 Foreign Assistance Act of 1961.

6 SEC. 1402. REFERENCES IN THE FOREIGN ASSISTANCE ACT

7 OF 1961.

8 References in the Foreign Assistance Act of 1961 (22

9 U.S.C. 2151 et seq.) to—

10 (1) the ‘‘administrator of the agency primarily

11 responsible for administering part I of this Act’’, ‘‘ad12 ministrator of the agency primarily responsible for

13 administering this part’’, and the ‘‘Administrator’’

14 shall be deemed to be references to the Secretary of

15 State; and

16 (2) the ‘‘agency primarily responsible for admin17 istering part I of this Act’’, the ‘‘agency primarily re18 sponsible for administering this part’’, and ‘‘agency’’

19 (except as used in sections 231 and 661 of such Act)

20 shall be deemed to be the Department of State.

21 SEC. 1403. EXERCISE OF FUNCTIONS BY THE SECRETARY OF

22 STATE.

23 Section 621(a) (22 U.S.C. 2381(a)) is amended—

24 (1) in the first sentence, by inserting before the

25 period the following: ‘‘, except that functions conferred
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1 upon the President in part I of this Act may be exer2 cised by the Secretary of State’’; and

3 (2) in the second and third sentences, by striking

4 ‘‘head of any such agency’’ each place it appears and

5 inserting ‘‘Secretary of State and any other head of

6 any such agency’’.

7 SEC. 1404. REPEAL OF POSITIONS; EMPLOYMENT AND CON8 TRACTING AUTHORITIES.

9 The following sections are repealed:

10 (1) Section 624 (a), (b), (c), and (e) (22 U.S.C.

11 2384 (a), (b), (c), and (e); relating to statutory offi12 cers).

13 (2) Section 626 (a) and (b) (22 U.S.C. 2386 (a)

14 and (b); relating to experts and consultants).

15 SEC. 1405. DEVELOPMENT LOAN COMMITTEE.

16 Section 122(e) (22 U.S.C. 2151t(e)) is amended by in17 serting after the first sentence the following new sentence:

18 ‘‘The Secretary of State shall serve as Chairman of the

19 Committee.’’.

20 SEC. 1406. DEVELOPMENT COORDINATION COMMITTEE.

21 (a) ANNUAL REPORT.—Section 634(a) (22 U.S.C.

22 2394(a)) is amended in the text above paragraph (1)(A)

23 by striking ‘‘Chairman of the Development Coordination

24 Committee’’ and inserting ‘‘Secretary of State’’.
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1 (b) COORDINATION.—Section 640B(a) (22 U.S.C.

2 2399(a)) is amended by striking ‘‘head of the agency pri3 marily responsible for administering part I, Chairman,

4 and representatives of the Departments of State,’’ and in5 serting ‘‘Secretary of State,’’.

6 SEC. 1407. PUBLIC LAW 83–480 PROGRAM.

7 The Agricultural Trade Development and Assistance

8 Act of 1954 (Public Law 83–480; 7 U.S.C. 1691 et seq.)

9 is amended—

10 (1) by striking ‘‘Administrator’’ each place it

11 appears and inserting ‘‘Secretary of State’’; and

12 (2) in section 402 (7 U.S.C. 1732)—

13 (A) by striking paragraph (1); and

14 (B) by redesignating paragraphs (2)

15 through (8) as paragraphs (1) through (7), re16 spectively.

17 SEC. 1408. CONFORMING AMENDMENTS TO TITLE 5, UNITED

18 STATES CODE.

19 (a) ADMINISTRATOR.—Section 5313 of title 5, United

20 States Code, is amended by striking ‘‘Administrator, Agen21 cy for International Development.’’.

22 (b) DEPUTY ADMINISTRATOR.—Section 5314 of title 5,

23 United States Code, is amended by striking ‘‘Deputy Ad24 ministrator, Agency for International Development.’’.
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1 (c) ASSISTANT ADMINISTRATORS.—Section 5315 of

2 title 5, United States Code, is amended by striking ‘‘Assist3 ant Administrators, Agency for International Development

4 (6).’’.

5 (d) REGIONAL ASSISTANT ADMINISTRATORS.—Section

6 5315 of title 5, United States Code, is amended by striking

7 ‘‘Regional Assistant Administrators, Agency for Inter8 national Development (4).’’.

9 (e) GENERAL COUNSEL.—Section 5316 of title 5, Unit10 ed States Code, is amended by striking ‘‘General Counsel

11 of the Agency for International Development.’’.

12 SEC. 1409. TRADE PROMOTION COORDINATING COMMITTEE.

13 Section 2312 of the Export Enhancement Act of 1988

14 (15 U.S.C. 4727) is amended—

15 (1) in subsection (d)(1)—

16 (A) by striking subparagraph (I); and

17 (B) by redesignating subparagraphs (J)

18 through (M) as subparagraphs (I) through (L),

19 respectively; and

20 (2) in subsection (f)—

21 (A) by inserting ‘‘the Committee on Foreign

22 Relations and’’ after ‘‘submit to’’; and

23 (B) by striking ‘‘Foreign Affairs’’ and in24 serting ‘‘International Relations’’.
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1 SEC. 1410. CHIEF FINANCIAL OFFICER.

2 Section 901(b)(2) of title 31, United States Code, is

3 amended—

4 (1) by striking subparagraph (A) (relating to the

5 Agency for International Development); and

6 (2) by redesignating subparagraphs (B) through

7 (H) as subparagraphs (A) through (G), respectively.

8 SEC. 1411. REFERENCES IN LAW.

9 Any reference in any statute, reorganization plan, Ex10 ecutive order, regulation, agreement, determination, or

11 other official document or proceeding to the Agency for

12 International Development or the International Develop13 ment Cooperation Agency (insofar as it exercises AID func14 tions) or the Administrator or other official of the Agency

15 for International Development (or the Director or other offi16 cial of IDCA exercising AID functions) shall be deemed to

17 refer respectively to the Department of State or the Sec18 retary of State or other official of the Department of State.

19 SEC. 1412. EFFECTIVE DATE.

20 This title, and the amendments made by this title,

21 shall take effect only in the event of the abolition of the inde22 pendent foreign affairs agencies specified in section 1501(e).
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1 TITLE XV—PLANS FOR CONSOLI2 DATION AND REINVENTION

3 OF FOREIGN AFFAIRS AGEN4 CIES

5 SEC. 1501. REORGANIZATION OF THE DEPARTMENT OF

6 STATE AND THE INDEPENDENT FOREIGN AF7 FAIRS AGENCIES.

8 (a) SUBMISSION OF REORGANIZATION PLANS.—

9 (1) IN GENERAL.—The President is authorized to

10 transmit to the appropriate congressional committees

11 a reorganization plan or plans providing for the

12 streamlining, consolidation, and merger of the func13 tions of the foreign affairs agencies of the United

14 States in order to carry out the purposes of section

15 1002.

16 (2) SPECIFIC OBJECTIVES.—Pursuant to para17 graph (1), the President is authorized to transmit a

18 reorganization plan meeting the following objectives:

19 (A) The elimination in the duplication of

20 functions and personnel between the Department

21 of State and the independent foreign affairs

22 agencies, which may include the abolition of any

23 such agency.

24 (B) The reduction in the aggregate number

25 of positions in the Department of State and the
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1 independent foreign affairs agencies which are

2 classified at each of levels II, III, and IV of the

3 Executive Schedule.

4 (C) The reorganization and streamlining of

5 the Department of State.

6 (D) The achievement of $1,700,000,000 in

7 savings over 5 years through the streamlining,

8 consolidation, and merger of the functions of the

9 foreign affairs agencies.

10 (E) The enhancement of the formulation, co11 ordination, and implementation of policy.

12 (F) The maintenance, to the maximum ex13 tent possible, of a United States diplomatic and

14 consular presence abroad.

15 (G) The maintenance of programs vital to

16 the national interests of the United States.

17 (b) PLAN ELEMENTS.—A reorganization plan trans18 mitted under subsection (a)(2), consistent with the provi19 sions of this Act, shall—

20 (1) identify the functions of the independent for21 eign affairs agency or agencies that will be trans22 ferred to the Department of State or any other agency

23 under the plan, as well as those that may be abolished

24 under the plan;
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1 (2) identify the personnel and positions of the

2 agency or agencies (including civil service personnel,

3 Foreign Service personnel, and detailees) that will be

4 transferred to the Department or any other agency,

5 separated from service with the agency or agencies, or

6 be terminated under the plan, and set forth a schedule

7 for such transfers, separations, and terminations;

8 (3) identify the personnel and positions of the

9 Department (including civil service personnel, For10 eign Service personnel, and detailees) that will be

11 transferred within the Department or any other agen12 cy, separated from service with the Department, or

13 terminated under the plan and set forth a schedule for

14 such transfers, separations, and terminations;

15 (4) specify the consolidations, mergers, and reor16 ganization of functions of the Department that will be

17 required under the plan in order to permit the De18 partment to carry out the functions transferred to the

19 Department under the plan;

20 (5) specify the funds available to the independent

21 foreign affairs agency or agencies that will be trans22 ferred to the Department or any other agency under

23 this Act as a result of the implementation of the plan;
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1 (6) specify the proposed allocations within the

2 Department of the funds specified for transfer under

3 paragraph (5);

4 (7) specify the proposed disposition of the prop5 erty, facilities, contracts, records, and other assets and

6 liabilities of the independent foreign affairs agency or

7 agencies resulting from the abolition of any such

8 agency and the transfer of the functions of the inde9 pendent foreign affairs agencies to the Department or

10 to any other agency;

11 (8) specify a proposed consolidation of adminis12 trative functions to serve the Department of State and

13 all independent foreign affairs agencies; and

14 (9) contain a certification by the Director of the

15 Office of Management and Budget that the Director

16 estimates that the plan will save $1,700,000,000 in

17 budget authority during fiscal years 1996 through

18 2000 from the initial level appropriated for fiscal

19 year 1995 for the following agencies (including ap20 propriations made to accounts administered by such

21 agencies): the Department of State, the United States

22 Information Agency, the United States Agency for

23 International Development, and the United States

24 Arms Control and Disarmament Agency.

25 (c) LIMITATIONS.—
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1 (1) LIMITATION ON REDUCTIONS IN PROGRAM

2 LEVELS.—Not more than 30 percent of the savings re3 quired under subsection (b)(9) may be realized from

4 reductions in program levels.

5 (2) LIMITATION ON SAVINGS FROM ADMINISTRA6 TIVE EXPENSES OF THE DEPARTMENT OF STATE.—

7 Not more than 15 percent of the savings required

8 under subsection (b)(9) may come from the adminis9 trative expenses of the Department of State.

10 (3) LIMITATIONS ON CONTENTS OF PLAN.—Sec11 tions 1606 and 1607 of this Act shall apply to a plan

12 transmitted under subsection (a).

13 (d) EFFECTIVE DATE OF PLAN.—(1) A plan transmit14 ted under subsection (a) shall become effective on a date

15 which is 90 calendar days of continuous session of Congress

16 after the date on which the plan is transmitted to Congress,

17 unless the Congress enacts a joint resolution, in accordance

18 with section 1608, disapproving the plan.

19 (2) Any provision of a plan submitted under sub20 section (a) may take effect later than the date on which

21 the plan becomes effective.

22 (e) ABOLITION OF SPECIFIED INDEPENDENT FOREIGN

23 AFFAIRS AGENCIES.—If the President does not transmit to

24 Congress within six months after the date of enactment of

25 this Act a reorganization plan meeting the objectives of sub-
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1 section (a)(2), then the United States Arms Control and

2 Disarmament Agency, the United States Information Agen3 cy, the Agency for International Development, and the

4 International Development Cooperation Agency (exclusive

5 of components expressly established by statute or reorga6 nization plan) shall be abolished six months after the expi7 ration of the period for submission of the plan, and the

8 functions of such agencies shall be transferred in accordance

9 with section 1601.

10 (f) DEFINITIONS.—As used in this section—

11 (1) the term ‘‘foreign affairs agencies’’ means the

12 Department of State and the independent foreign af13 fairs agencies; and

14 (2) the term ‘‘independent foreign affairs agen15 cies’’ means such Federal agencies (other than the De16 partment of State) that solely perform functions that

17 are funded under major budget category 150 and in18 cludes the United States Arms Control and Disar19 mament Agency, the United States Information Agen20 cy, the Agency for International Development, and

21 the International Development Cooperation Agency.
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1 TITLE XVI—TRANSITION

2 PROVISIONS

3 SEC. 1601. TRANSFER OF FUNCTIONS.

4 (a) DEPARTMENT OF STATE.—Except as otherwise

5 provided in this Act, there are transferred to, and vested

6 in, the Secretary of State on the effective dates specified

7 under this section all functions vested by law (including

8 by reorganization plan approved before the date of the en9 actment of this Act pursuant to chapter 9 of title 5, United

10 States Code) in, or exercised by, the head of each of the

11 following agencies, the agencies themselves, or officers, em12 ployees, or components thereof, immediately prior to such

13 date:

14 (1) The United States Arms Control and Disar15 mament Agency, on the effective date of title XII.

16 (2) The United States Information Agency, on

17 the effective date of title XIII.

18 (3) The Agency for International Development

19 and the International Development Cooperation Agen20 cy (exclusive of components expressly established by

21 statute or reorganization plan), on the effective date

22 of title XIV.

23 (b) BROADCASTING BOARD OF GOVERNORS.—There

24 are transferred to, and vested in, the Broadcasting Board

25 of Governors of the Department of State under title III of
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1 the Foreign Relations Authorization Act, Fiscal Years 1994

2 and 1995 (as amended by section 1306 of this Act) on the

3 effective date of title XIII all functions vested by law in,

4 or exercised by, the Broadcasting Board of Governors of the

5 United States Information Agency as of the day before that

6 date.

7 (c) OFFICE OF CHIEF FINANCIAL OFFICER OF THE

8 DEPARTMENT OF STATE.—There are transferred to the

9 Chief Financial Officer of the Department of State on the

10 effective date of title XIV all functions that were vested by

11 law in, or exercised by, the Chief Financial Officer of the

12 Agency for International Development immediately prior

13 to such date.

14 (d) OFFICE OF INSPECTOR GENERAL FOR FOREIGN

15 AFFAIRS OF THE DEPARTMENT OF STATE.—There are

16 transferred to the Inspector General for Foreign Affairs of

17 the Department of State, as established in section 209 of

18 the Foreign Service Act of 1980 (as amended by this Act)

19 on the effective dates specified under this subsection the fol20 lowing functions:

21 (1) On the effective date of title XIII: All func22 tions that were vested by law in, or exercised by, the

23 Inspector General of the United States Information

24 Agency immediately prior to such date.
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1 (2) On the effective date of title XIV: All func2 tions that were vested by law in, or exercised by, the

3 Inspector General of the Agency for International De4 velopment immediately prior to such date.

5 (e) STATUTORY CONSTRUCTION.—Nothing in this sec6 tion precludes a transfer of functions on a date prior to

7 an effective date specified under this section if the transfer

8 is made in accordance with the schedule of transfers set

9 forth in a reorganization plan approved under this title.

10 SEC. 1602. DETERMINATION OF TRANSFERRED FUNCTIONS

11 AND EMPLOYEES.

12 (a) IN GENERAL.—Except as provided in subsection

13 (b), the Secretary of State shall, with the cooperation of the

14 head of the transferor agency, identify the functions or em15 ployees, or both, of the agency that are to be transferred

16 to the Department of State pursuant to section 1601. Any

17 disagreements between the head of such an agency and the

18 Secretary with respect to such an identification shall be re19 solved by the Director of the Office of Management and

20 Budget.

21 (b) AGENCY FOR INTERNATIONAL DEVELOPMENT.—

22 The Secretary of State shall determine the functions of the

23 Agency for International Development, and the number of

24 employees of such Agency necessary to perform or support

25 such functions, which are to be transferred from the Agency
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1 for International Development to the Department of State

2 pursuant to section 1601.

3 SEC. 1603. REORGANIZATION PLAN FOR THE UNITED

4 STATES ARMS CONTROL AND DISARMAMENT

5 AGENCY.

6 (a) SUBMISSION OF PLAN.—In the event of the aboli7 tion of the independent foreign affairs agencies specified in

8 section 1501(e), not later than 90 days before their aboli9 tion, the President, in consultation with the Secretary of

10 State, shall transmit to the appropriate congressional com11 mittees a reorganization plan providing for—

12 (1) the abolition of the United States Arms Con13 trol and Disarmament Agency in accordance with

14 this title;

15 (2) the transfer to the Department of State of the

16 functions and personnel of the Arms Control and Dis17 armament Agency as the President determines nec18 essary to carry out the primary functions of the

19 Agency, consistent with this title and title XII; and

20 (3) the consolidation, reorganization, and

21 streamlining of the Department upon the transfer of

22 functions under this title in order to carry out such

23 functions.

24 (b) PLAN ELEMENTS.—The plan under subsection (a)

25 shall—
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1 (1) identify the functions of the Arms Control

2 and Disarmament Agency that will be transferred to

3 the Department under the plan, as well as those that

4 will be abolished under the plan;

5 (2) identify the personnel and positions of the

6 Agency (including civil service personnel, Foreign

7 Service personnel, and detailees) that will be trans8 ferred to the Department, separated from service with

9 the Agency, or be terminated under the plan, and set

10 forth a schedule for such transfers, separations, and

11 terminations;

12 (3) identify the personnel and positions of the

13 Department (including civil service personnel, For14 eign Service personnel, and detailees) that will be

15 transferred within the Department, separated from

16 service with the Department, or terminated under the

17 plan and set forth a schedule for such transfers, sepa18 rations, and terminations;

19 (4) specify the consolidations and reorganization

20 of functions of the Department that will be required

21 under the plan in order to permit the Department to

22 carry out the functions transferred to the Department

23 under the plan;

24 (5) specify the funds available to the Arms Con25 trol and Disarmament Agency that will be transferred
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1 to the Department under this title as a result of the

2 abolition of the Agency;

3 (6) specify the proposed allocations within the

4 Department of unexpended funds of the Agency that

5 will be transferred to the Department under the plan;

6 and

7 (7) specify the proposed disposition of the prop8 erty, facilities, contracts, records, and other assets and

9 liabilities of the Agency that will result from the abo10 lition of the Agency and the transfer of the functions

11 of the Agency to the Department under the plan.

12 (c) EFFECTIVE DATE OF PLAN.—The plan transmitted

13 under subsection (a) shall become effective on the date which

14 is 90 calendar days of continuous session of Congress after

15 the date on which the plan is transmitted to Congress, un16 less the Congress enacts a joint resolution, in accordance

17 with section 1608, disapproving the plan.

18 (d) REDUCTION OF EMPLOYEES.—(1) In implementa19 tion of any plan submitted under subsection (a), the Direc20 tor of the United States Arms Control and Disarmament

21 Agency shall take such actions as necessary, including ac22 tions under section 611 of the Foreign Service Act of 1980

23 (22 U.S.C. 4010a), in the case of members of the Foreign

24 Service, or under regulations prescribed under section 3502

25 of title 5, United States Code, and procedures established
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1 under section 3595, of title 5, United States Code, in the

2 case of Federal employees who are not members of the For3 eign Service, to reduce by eight percent the number of em4 ployees employed by the Agency on the date of the enactment

5 of this Act. The Director shall achieve the reduction not

6 later than the effective date of the plan submitted under

7 subsection (a).

8 (2) For purposes of this subsection, the transfer of any

9 employee of the Agency to the Department of State, or to

10 any other department or agency of the United States, shall

11 be excluded from the computation of the percentage reduc12 tion in personnel under this subsection.

13 (e) REDUCTION IN FUNDS FOR SALARIES AND EX14 PENSES FOR FAILURE TO IMPLEMENT PLAN.—If the Sec15 retary of State and the Director of the United States Arms

16 Control and Disarmament Agency do not complete the im17 plementation of the reorganization plan of the Agency

18 under this section in accordance with the schedule in the

19 plan as approved under section 1608, the amount of funds

20 that the Secretary and the Director may obligate for sala21 ries and expenses of the Department of State and the Agen22 cy, respectively, in the fiscal year in which the implementa23 tion of the plan is otherwise scheduled to be completed under

24 the plan shall be reduced by an amount equal to 20 percent

25 of the amount otherwise appropriated to the Department
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1 and the Agency, respectively, in that fiscal year for salaries

2 and expenses.

3 SEC. 1604. REORGANIZATION PLAN FOR THE UNITED

4 STATES INFORMATION AGENCY.

5 (a) SUBMISSION OF PLAN.—In the event of the aboli6 tion of the independent foreign affairs agencies specified in

7 section 1501(e), not later than 90 days before their aboli8 tion, the President, in consultation with the Secretary of

9 State, shall transmit to the appropriate congressional com10 mittees a reorganization plan providing for—

11 (1) the abolition of the United States Informa12 tion Agency in accordance with this title;

13 (2) the transfer to the Department of State of the

14 functions and personnel of the United States Informa15 tion Agency as the President determines necessary to

16 carry out the primary functions of the Agency, con17 sistent with this title and title XIII and subject to

18 paragraph (3);

19 (3) the transfer to the corresponding components

20 of the Department of State of such functions and per21 sonnel of the components of the Agency described in

22 sections 1601(b) and 1601(d)(1) as the President de23 termines necessary to carry out the primary functions

24 of those components; and
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1 (4) the consolidation, reorganization, and

2 streamlining of the Department upon the transfer of

3 functions under this title in order to carry out such

4 functions.

5 (b) PLAN ELEMENTS.—The plan under subsection (a)

6 shall—

7 (1) identify the functions of the United States

8 Information Agency that will be transferred to the

9 Department under the plan, as well as those that will

10 be abolished under the plan;

11 (2) identify the personnel and positions of the

12 Agency (including civil service personnel, Foreign

13 Service personnel, and detailees) that will be trans14 ferred to the Department, separated from service with

15 the Agency, or be terminated under the plan, and set

16 forth a schedule for such transfers, separations, and

17 terminations;

18 (3) identify the personnel and positions of the

19 Department (including civil service personnel, For20 eign Service personnel, and detailees) that will be

21 transferred within the Department, separated from

22 service with the Department, or terminated under the

23 plan, and set forth a schedule for such transfers, sepa24 rations, and terminations;
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1 (4) specify the consolidations and reorganization

2 of functions of the Department that will be required

3 under the plan in order to permit the Department to

4 carry out the functions transferred to the Department

5 under the plan;

6 (5) specify the funds available to the United

7 States Information Agency that will be transferred to

8 the Department under this title as a result of the abo9 lition of the Agency;

10 (6) specify the proposed allocations within the

11 Department of unexpended funds of the Agency that

12 will be transferred to the Department under the plan;

13 and

14 (7) specify the proposed disposition of the prop15 erty, facilities, contracts, records, and other assets and

16 liabilities of the Agency that will result from the abo17 lition of the Agency and the transfer of the functions

18 of the Agency to the Department under the plan.

19 (c) EFFECTIVE DATE OF PLAN.—The plan transmitted

20 under subsection (a) shall become effective on the date which

21 is 90 calendar days of continuous session of Congress after

22 the date on which the plan is transmitted to Congress, un23 less the Congress enacts a joint resolution, in accordance

24 with section 1608, disapproving the plan.
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1 (d) REDUCTION OF EMPLOYEES.—(1) Subject to para2 graph (2), in implementation of any plan submitted under

3 subsection (a), the Director of the United States Informa4 tion Agency shall take such actions as necessary, including

5 actions under section 611 of the Foreign Service Act of 1980

6 (22 U.S.C. 4010a), in the case of members of the Foreign

7 Service, or under regulations prescribed under section 3502

8 of title 5, United States Code, and procedures established

9 under section 3595, of title 5, United States Code, in the

10 case of Federal employees who are not members of the For11 eign Service, to reduce by 25 percent the number of employ12 ees employed by the Agency on the date of the enactment

13 of this Act. The Director shall achieve the reduction not

14 later than the effective date of the plan submitted under

15 subsection (a).

16 (2) For purposes of this subsection, the transfer of any

17 employee of the Agency to the Department of State, or to

18 any other department or agency of the United States, shall

19 be excluded from the computation of the percentage reduc20 tion in personnel under this subsection.

21 (3) In reducing the number of employees employed by

22 the Agency under this subsection, the Director shall ensure

23 that the number of members of the Foreign Service em24 ployed by the Agency does not exceed the number of such
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1 members authorized to be employed by the Agency under

2 section 141.

3 (e) REDUCTION IN FUNDS FOR SALARIES AND EX4 PENSES FOR FAILURE TO IMPLEMENT PLAN.—If the Sec5 retary of State and the Director of the United States Infor6 mation Agency do not complete the implementation of the

7 reorganization plan of the Agency under this section in ac8 cordance with the schedule in the plan as approved under

9 section 1608, the amount of funds that the Secretary and

10 the Director may obligate for salaries and expenses of the

11 Department of State and the Agency, respectively, in the

12 fiscal year in which the implementation of the plan is other13 wise scheduled to be completed under the plan shall be re14 duced by an amount equal to 20 percent of the amount oth15 erwise appropriated to the Department and the Agency, re16 spectively, in that fiscal year for salaries and expenses.

17 SEC. 1605. REORGANIZATION PLAN FOR THE AGENCY FOR

18 INTERNATIONAL DEVELOPMENT.

19 (a) SUBMISSION OF PLAN.—In the event of the aboli20 tion of the independent foreign affairs agencies specified in

21 section 1501(e), not later than 90 days before their aboli22 tion, the President, in consultation with the Secretary of

23 State, shall transmit to the appropriate congressional com24 mittees a reorganization plan providing for—
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1 (1) the abolition of the Agency for International

2 Development in accordance with this title;

3 (2) the transfer to the Department of State of the

4 functions and personnel of the Agency for Inter5 national Development as the President determines

6 necessary to carry out the primary functions of the

7 Agency, consistent with this title and title XIV;

8 (3) the transfer to the corresponding components

9 of the Department of State of such functions and per10 sonnel of the components of the Agency described in

11 sections 1601(c) and 1601(d)(2) as the President de12 termines necessary to carry out the primary functions

13 of those components; and

14 (4) the consolidation, reorganization, and

15 streamlining of the Department upon the transfer of

16 functions under this title in order to carry out such

17 functions.

18 (b) PLAN ELEMENTS.—The plan under subsection (a)

19 shall—

20 (1) identify the functions of the Agency for Inter21 national Development that will be transferred to the

22 Department under the plan, as well as those that will

23 be abolished under the plan;

24 (2) identify the personnel and positions of the

25 Agency (including civil service personnel, Foreign
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1 Service personnel, and detailees) that will be trans2 ferred to the Department, separated from service with

3 the Agency, or be terminated under the plan, and set

4 forth a schedule for such transfers, separations, and

5 terminations;

6 (3) identify the personnel and positions of the

7 Department (including civil service personnel, For8 eign Service personnel, and detailees) that will be

9 transferred within the Department, separated from

10 service with the Department, or terminated under the

11 plan and set forth a schedule for such transfers, sepa12 rations, and terminations;

13 (4) specify the consolidations and reorganization

14 of functions of the Department that will be required

15 under the plan in order to permit the Department to

16 carry out the functions transferred to the Department

17 under the plan;

18 (5) specify the funds available to the Agency for

19 International Development that will be transferred to

20 the Department under this title as a result of the abo21 lition of the Agency;

22 (6) specify the proposed allocations within the

23 Department of unexpended funds of the Agency that

24 will be transferred to the Department under the plan;

25 and
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1 (7) specify the proposed disposition of the prop2 erty, facilities, contracts, records, and other assets and

3 liabilities of the Agency that will result from the abo4 lition of the Agency and the transfer of the functions

5 of the Agency to the Department under the plan.

6 (c) EFFECTIVE DATE OF PLAN.—The plan transmitted

7 under subsection (a) shall become effective on the date which

8 is 90 calendar days of continuous session of Congress after

9 the date on which the plan is transmitted to Congress, un10 less the Congress enacts a joint resolution, in accordance

11 with section 1608, disapproving the plan.

12 (d) REDUCTION OF EMPLOYEES.—(1) Subject to para13 graph (2), in implementation of any plan submitted under

14 subsection (a), the Administrator of the Agency for Inter15 national Development shall take such actions as necessary,

16 including actions under section 611 of the Foreign Service

17 Act of 1980 (22 U.S.C. 4010a), in the case of members of

18 the Foreign Service, or under regulations prescribed under

19 section 3502 of title 5, United States Code, and procedures

20 established under section 3595, of title 5, United States

21 Code, in the case of Federal employees who are not members

22 of the Foreign Service, to reduce by 50 percent the number

23 of employees employed by the Agency on the date of the en24 actment of this Act. The Administrator shall achieve the
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1 reduction not later than the effective date of the plan sub2 mitted under subsection (a).

3 (2) For purposes of this subsection, the transfer of any

4 employee of the Agency to the Department of State, or any

5 other department or agency of the United States, shall be

6 excluded from the computation of the percentage reduction

7 in personnel under this subsection.

8 (3) In reducing the number of employees employed by

9 the Agency under this subsection, the Administrator shall

10 ensure that the number of members of the Foreign Service

11 employed by the Agency does not exceed the number of such

12 members authorized to be employed by the Agency under

13 section 141.

14 (e) REDUCTION IN FUNDS FOR SALARIES AND EX15 PENSES FOR FAILURE TO IMPLEMENT PLAN.—If the Sec16 retary of State and the Administrator of the Agency for

17 International Development do not complete the implemen18 tation of the reorganization plan of the Agency under this

19 section in accordance with the schedule in the plan as ap20 proved under section 1608, the amount of funds that the

21 Secretary and the Administrator may obligate for salaries

22 and expenses of the Department of State and the Agency,

23 respectively, in the fiscal year in which the implementation

24 of the plan is otherwise scheduled to be completed under

25 the plan shall be reduced by an amount equal to 20 percent
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1 of the amount otherwise appropriated to the Department

2 and the Agency, respectively, in that fiscal year for salaries

3 and expenses.

4 SEC. 1606. ADDITIONAL REQUIREMENTS AND LIMITATIONS

5 ON REORGANIZATION PLANS.

6 (a) LIMITATION ON POWERS.—A reorganization plan

7 under section 1501, 1603, 1604, or 1605 may not have the

8 effect of—

9 (1) creating a new executive department;

10 (2) continuing a function beyond the period au11 thorized by law for its exercise or beyond the time

12 when it would have terminated if the reorganization

13 had not been made;

14 (3) authorizing an agency to exercise a function

15 which is not authorized by law at the time the plan

16 is transmitted to Congress;

17 (4) creating a new agency which is not a compo18 nent or part of an existing executive department or

19 independent agency;

20 (5) increasing the term of an office beyond that

21 provided by law for the office; or

22 (6) terminating any function authorized by law.

23 (b) EFFECT ON OTHER LAWS, PENDING LEGAL PRO24 CEEDINGS, AND UNEXPENDED APPROPRIATIONS.—(1) A

25 statute enacted, and a regulation or other action made, pre-
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1 scribed, issued, granted, or performed in respect of or by

2 the agency or function affected by a reorganization under

3 this title, before the effective date of the reorganization, has,

4 except to the extent rescinded, modified, superseded, or made

5 inapplicable by or under authority of law or by the aboli6 tion of a function, the same effect as if the reorganization

7 had not been made. However, if the statute, regulation, or

8 other action has vested the functions in a transferor agency,

9 the function, insofar as it is to be exercised after the plan

10 becomes effective, shall be deemed as vested in the transferee

11 agency concerned.

12 (2) For the purpose of paragraph (1), the term ‘‘regu13 lation or other action’’ means a regulation, rule, order, pol14 icy, determination, directive, authorization, permit, privi15 lege, requirement, designation, or other action.

16 (c) NOTICE OF IMPLEMENTATION OF PLANS.—The

17 President shall cause to be published in the Federal Register

18 for each reorganization plan submitted under section 1501,

19 1603, 1604, or 1605 a notice of the date by which all func20 tions of the transferor agency are to be transferred or termi21 nated under the plan.

22 (d) TRANSMITTAL OF REORGANIZATION PLANS.—Sec23 tion 903(b) of title 5, United States Code, shall apply to

24 each reorganization plan submitted under section 1501,

25 1603, 1604, or 1605.
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1 SEC. 1607. AMENDMENTS OR MODIFICATIONS TO REORGA2 NIZATION PLANS.

3 Any time during the period of 30 calendar days after

4 the date on which a reorganization plan is transmitted to

5 Congress under section 1501, 1603, 1604, or 1605, or after

6 the date on which the President transmits to Congress any

7 other plan having the effect of revising such a plan, but

8 before any resolution described in section 1608 has been or9 dered reported in (or deemed to be discharged from) either

10 House of Congress, the President may make amendments

11 or modifications to the plan, consistent with section 1501,

12 1603, 1604, or 1605, as the case may be, which modifica13 tions or revisions shall thereafter be treated as a part of

14 the reorganization plan originally transmitted and shall

15 not affect in any way the time limits otherwise provided

16 for in section 1608. The President may withdraw the plan

17 at any time prior to the conclusion of 45 calendar days

18 beginning on the date on which the plan is submitted to

19 Congress, except that the President may only withdraw a

20 plan if a revised plan is immediately substituted for that

21 plan.

22 SEC. 1608. PROCEDURES FOR CONGRESSIONAL CONSIDER23 ATION OF REORGANIZATION PLANS.

24 (a) PROCEDURES.—(1) A joint resolution described in

25 subsection (b) which is introduced in a House of Congress

26 in accordance with subsection (c) shall be considered in
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1 Congress in accordance with the procedures set forth in this

2 section.

3 (2) For purposes of this title and title XV—

4 (A) continuity of session of Congress is broken

5 only by an adjournment of Congress sine die; and

6 (B) the days on which either House is not in ses7 sion because of an adjournment of more than 3 days

8 to a day certain are excluded in the computation of

9 any period of time in which Congress is in continu10 ous session.

11 (b) TERMS OF RESOLUTION.—For the purpose of sub12 section (a), the term ‘‘resolution’’ means only a joint resolu13 tion of the Congress, the matter after the resolving clause

14 of which is as follows: ‘‘That the Congress disapproves the

15 reorganization plan numbered transmitted to the Con16 gress by the President on , 19 , pursuant

17 to section of the Foreign Affairs Reinvention Act of

18 1995.’’, and includes such modifications and revisions as

19 are submitted by the President under section 1607. The

20 blank spaces therein are to be filled appropriately. The term

21 does not include a resolution which specifies more than one

22 reorganization plan.

23 (c) INTRODUCTION AND REFERENCE OF RESOLU24 TION.—(1) A joint resolution described in subsection (b) is

25 only entitled to expedited procedures set forth in this section
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1 if the resolution is introduced in a House of Congress by

2 a Member of that House within 10 calendar days of contin3 uous session of Congress of the transmittal of a reorganiza4 tion plan under section 1501, 1603, 1604, or 1605.

5 (2) Any resolution with respect to a reorganization

6 plan shall be referred to the Committee on Foreign Rela7 tions of the Senate and the Committee on International Re8 lations of the House of Representatives by the President of

9 the Senate or the Speaker of the House of Representatives,

10 as the case may be. The committee shall make its rec11 ommendations to the House of Representatives or the Sen12 ate, as the case may be, within 30 calendar days following

13 the date of such resolution’s introduction.

14 (d) MOTION TO DISCHARGE COMMITTEE CONSIDERING

15 RESOLUTION.—(1) If the committee to which is referred a

16 resolution introduced pursuant to paragraph (1) of sub17 section (c) has not reported such resolution at the end of

18 30 calendar days of continuous session of Congress after its

19 introduction, it shall be in order to move either to discharge

20 the committee from further consideration of the resolution

21 or to discharge the committee from further consideration of

22 any other resolution introduced with respect to the same

23 plan which has been referred to the committee, except that

24 no motion to discharge shall be in order after the committee

25 has reported a resolution with respect to the same plan.
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1 (2) A motion to discharge under paragraph (1) may

2 be made only by a Senator favoring the resolution, is privi3 leged, and debate thereon shall be limited to not more than

4 1 hour, to be divided equally between those favoring and

5 those opposing the resolution, the time to be divided equally

6 between, and controlled by, the majority leader and the mi7 nority leader or their designees. An amendment to the mo8 tion is not in order, and it is not in order to move to recon9 sider the vote by which the motion is agreed to or disagreed

10 to.

11 (e) PROCEDURE AFTER REPORT OR DISCHARGE OF

12 COMMITTEE; DEBATE; VOTE ON FINAL PASSAGE.—(1)

13 When the committee has reported, or has been discharged

14 (under subsection (d)) from further consideration of, a reso15 lution with respect to a reorganization plan, it is at any

16 time thereafter in order (even though a previous motion to

17 the same effect has been disagreed to) for any Member of

18 the respective House to move to proceed to the consideration

19 of the resolution. The motion is highly privileged and is

20 not debatable. The motion shall not be subject to amend21 ment, or to a motion to postpone, or a motion to proceed

22 to the consideration of other business. A motion to recon23 sider the vote by which the motion is agreed to or disagreed

24 to shall not be in order. If a motion to proceed to the consid25 eration of the resolution is agreed to, the resolution shall
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1 remain the unfinished business of the respective House until

2 disposed of.

3 (2) Debate on the resolution, and on all debatable mo4 tions and appeals in connection therewith, shall be limited

5 to not more than ten hours, which shall be divided equally

6 between individuals favoring and individuals opposing the

7 resolution. A motion further to limit debate is in order and

8 not debatable. An amendment to, or a motion to postpone,

9 or a motion to proceed to the consideration of other busi10 ness, or a motion to recommit the resolution is not in order.

11 A motion to reconsider the vote by which the resolution is

12 passed or rejected shall not be in order.

13 (3) Immediately following the conclusion of the debate

14 on the resolution with respect to a reorganization plan, and

15 a single quorum call at the conclusion of the debate if re16 quested in accordance with the rules of the appropriate

17 House, the vote on final passage of the resolution shall

18 occur.

19 (4) Appeals from the decisions of the Chair relating

20 to the application of the rules of the Senate or the House

21 of Representatives, as the case may be, to the procedure re22 lating to a resolution with respect to a reorganization plan

23 shall be decided without debate.

24 (5) If, prior to the passage by one House of a resolution

25 of that House, that House receives a resolution with respect
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1 to the same reorganization plan from the other House,

2 then—

3 (A) the procedure in that House shall be the

4 same as if no resolution had been received from the

5 other House; but

6 (B) the vote on final passage shall be on the reso7 lution of the other House.

8 (f) RULES OF SENATE AND HOUSE OF REPRESENTA9 TIVES ON REORGANIZATION PLANS.—Subsections (b), (c),

10 (d), and (e) of this section are enacted by Congress—

11 (1) as an exercise of the rulemaking power of the

12 Senate and the House of Representatives, respectively,

13 and as such they are deemed a part of the rules of

14 each House, respectively, but applicable only with re15 spect to the procedure to be followed in that House in

16 the case of resolutions with respect to any reorganiza17 tion plans transmitted to Congress in accordance

18 with section 1501, 1603, 1604, or 1605, or any other

19 plan transmitted by the President to Congress having

20 the effect of revising such a plan, and they supersede

21 other rules only to the extent that they are inconsist22 ent therewith; and

23 (2) with full recognition of the constitutional

24 right of either House to change the rules (so far as re25 lating to the procedure of that House) at any time,
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1 in the same manner and to the same extent as in the

2 case of any other rule of that House.

3 SEC. 1609. TRANSITION FUND.

4 (a) ESTABLISHMENT.—There is hereby established on

5 the books of the Treasury an account to be known as the

6 ‘‘Foreign Affairs Reorganization Transition Fund’’.

7 (b) PURPOSE.—The purpose of the account is to pro8 vide funds for the orderly transfer of functions and person9 nel to the Department of State as a result of the implemen10 tation of this title and for payment of other costs associated

11 with the consolidation of foreign affairs agencies under this

12 title.

13 (c) DEPOSITS.—(1) Subject to paragraphs (2) and (3),

14 there shall be deposited into the account the following:

15 (A) Funds appropriated to the account pursuant

16 to the authorization of appropriations in subsection

17 (j).

18 (B) Funds transferred to the account by the Sec19 retary of State from funds that are transferred to the

20 Secretary by the head of an agency under subsection

21 (d).

22 (C) Funds transferred to the account by the Sec23 retary from funds that are transferred to the Depart24 ment of State together with the transfer of functions

25 to the Department under this title and that are not
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1 required by the Secretary in order to carry out the

2 functions.

3 (D) Funds transferred to the account by the Sec4 retary from any unobligated funds that are appro5 priated or otherwise made available to the Depart6 ment.

7 (2) The Secretary may transfer funds to the account

8 under subparagraph (C) of paragraph (1) only if the Sec9 retary determines that the amount of funds deposited in the

10 account pursuant to subparagraphs (A) and (B) of that

11 paragraph is inadequate to pay the costs of carrying out

12 this title.

13 (3) The Secretary may transfer funds to the account

14 under subparagraph (D) of paragraph (1) only if the Sec15 retary determines that the amount of funds deposited in the

16 account pursuant to subparagraphs (A), (B), and (C) of

17 that paragraph is inadequate to pay the costs of carrying

18 out this title.

19 (d) TRANSFER OF FUNDS TO SECRETARY OF STATE.—

20 The head of a transferor agency shall transfer to the Sec21 retary the amount, if any, of the unobligated funds appro22 priated or otherwise made available to the agency for func23 tions of the agency that are abolished under this title which

24 funds are not required to carry out the functions of the
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1 agency as a result of the abolishment of the functions under

2 this title.

3 (e) USE OF FUNDS.—(1)(A) Notwithstanding any

4 other provision of law and subject to paragraph (2), the

5 Secretary shall use sums in the account for payment of the

6 costs of carrying out this title, including costs relating to

7 the consolidation of functions of the Department of State

8 and the termination of employees of the Department.

9 (B) The Secretary may transfer sums in the account

10 to the head of an agency to be abolished under this division

11 for payment by the head of the agency of the cost of carrying

12 out a voluntary separation incentive program at the agency

13 under section 1610.

14 (2)(A) Except as provided in subparagraph (B), the

15 Secretary may not use sums in the account for payment

16 of the costs described in paragraph (1) unless the appro17 priate congressional committees are notified 15 days in ad18 vance of such use in accordance with procedures applicable

19 to reprogramming notifications under section 34 of the

20 State Department Basic Authorities Act of 1956 (22 U.S.C.

21 2706).

22 (B) Subparagraph (A) does not apply to the following

23 uses of sums in the account:

24 (i) For payment of the cost of carrying out a vol25 untary separation incentive program at the Depart-
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1 ment under section 1610, but only if the total cost of

2 the program with respect to the Department is less

3 than $10,000,000.

4 (ii) For transfer to the head of an agency to be

5 abolished under this division for payment of the cost

6 of carrying out a voluntary separation incentive pro7 gram at the agency under section 1610, but only if

8 the total amount transferred with respect to the agen9 cy is less than $30,000,000.

10 (iii) For payment of the cost of any severance

11 payments required to be paid by the Secretary to em12 ployees of the Department, but only if the cost of such

13 payments is less than $10,000,000.

14 (iv) For transfer to the head of an agency to be

15 abolished under this division for payment of the cost

16 of any severance payments required to be paid to em17 ployees of the agency, but only if the total amount

18 transferred with respect to the agency is less than

19 $40,000,000.

20 (v) For payment of the cost of any improvements

21 of the information management systems of the De22 partment that are carried out as a result of the abol23 ishment of agencies under this division, but only if

24 the cost of such improvements is less than

25 $15,000,000.
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1 (vi) For payment of the cost of the physical relo2 cation of fixtures, materials, and other resources from

3 an agency to be abolished under this division to the

4 Department or of such relocation within the Depart5 ment, but only if the cost of such relocation is less

6 than $10,000,000.

7 (3) Funds in the account shall be available for the pay8 ment of costs under paragraph (1) without fiscal year limi9 tation.

10 (4) Funds in the account may be used only for pur11 poses of paying the costs of carrying out this title.

12 (f) TREATMENT OF UNOBLIGATED BALANCES.—(1)

13 Subject to paragraph (2), unobligated funds, if any, which

14 remain in the account after the payment of the costs de15 scribed in subsection (e)(1) shall be transferred to the De16 partment of State and shall be available to the Secretary

17 of State for purposes of carrying out the functions of the

18 Department.

19 (2) The Secretary may not transfer funds in the ac20 count to the Department under paragraph (1) unless the

21 appropriate congressional committees are notified in ad22 vance of such transfer in accordance with the procedures

23 applicable to reprogramming notifications under section 34

24 of the State Department Basic Authorities Act of 1956.
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1 (g) REPORT ON ACCOUNT.—Not later than October 1,

2 1998, the Secretary of State shall transmit to the appro3 priate congressional committees a report containing an ac4 counting of—

5 (1) the expenditures from the account established

6 under this section; and

7 (2) in the event of any transfer of funds to the

8 Department of State under subsection (f), the func9 tions for which the funds so transferred were ex10 pended.

11 (h) TERMINATION OF AUTHORITY TO USE AC12 COUNT.—The Secretary may not obligate funds in the ac13 count after September 30, 1999.

14 (i) AUTHORIZATION OF APPROPRIATIONS.—There are

15 authorized to be appropriated for the fiscal year 1996

16 $125,000,000 and for the fiscal year 1997 $100,000,000, for

17 deposit under subsection (c)(1)(A) into the account estab18 lished under subsection (a).

19 SEC. 1610. VOLUNTARY SEPARATION INCENTIVES.

20 (a) AUTHORITY TO PAY INCENTIVES.—The head of an

21 agency referred to in subsection (b) may pay voluntary in22 centive payments to employees of the agency in order to

23 avoid or minimize the need for involuntary separations

24 from the agency as a result of the abolition of the agency
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1 and the consolidation of functions of the Department of

2 State under this title.

3 (b) COVERED AGENCIES.—Subsection (a) applies to

4 the following agencies:

5 (1) The Department of State.

6 (2) The United States Arms Control and Disar7 mament Agency.

8 (3) The United States Information Agency.

9 (4) The Agency for International Development.

10 (c) PAYMENT REQUIREMENTS.—(1) The head of an

11 agency shall pay voluntary separation incentive payments

12 in accordance with the provisions of section 3 of the Federal

13 Workforce Restructuring Act of 1994 (Public Law 103–226;

14 108 Stat. 111), except that an employee of the agency shall

15 be deemed to be eligible for payment of a voluntary separa16 tion incentive payment under that section if the employee

17 separates from service with the agency during the period

18 beginning on the date of enactment of this Act and ending

19 on September 30, 1996.

20 (2) The provisions of subsection (d) of such section 3

21 shall apply to any employee who is paid a voluntary sepa22 ration incentive payment under this section.

23 (d) FUNDING.—The payment of voluntary separation

24 incentive payments under this section shall be made from

25 funds in the Foreign Affairs Reorganization Transition
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1 Fund established under section 1609. The Secretary of State

2 may transfer sums in that fund to the head of an agency

3 under subsection (e)(1)(B) of that section for payment of

4 such payments by the agency head.

5 (e) TERMINATION OF AUTHORITY.—The authority of

6 the head of an agency to authorize payment of voluntary

7 separation incentive payments under this section shall ex8 pire on September 30, 1996.

9 (f) BUDGET ACT COMPLIANCE.—Any new spending

10 authority (within the meaning of section 401 of the Con11 gressional Budget Act of 1974) which is provided under this

12 section shall be effective for any fiscal year only to the ex13 tent or in such amounts as are provided in advance in ap14 propriations Acts.

15 (g) ADDITIONAL REQUIREMENTS FOR BUDGET PUR16 POSES.—(1) In addition to any other payments which an

17 agency referred to in subsection (b) is required to make

18 under section 4(a)(1) of the Federal Workforce Restructur19 ing Act of 1994 (Public Law 103–226; 108 Stat. 114; 5

20 U.S.C. 8331 note), each such agency shall remit to the Office

21 of Personnel Management for deposit in the Treasury to the

22 credit of the Civil Service Retirement and Disability Fund

23 an amount equal to 9 percent of final basic pay of each

24 employee of the agency—
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1 (A) who, on or after the date of the enactment

2 of this Act, retires under section 8336(d)(2) of title 5,

3 United States Code; and

4 (B) to whom a voluntary separation incentive

5 payment is paid under this section by such agency

6 based on that retirement.

7 (2) In addition to any other payments which an agen8 cy referred to in subsection (b) is required to make under

9 section 4(b)(1) of such Act in fiscal years 1996, 1997, and

10 1998, each such agency shall remit to the Office of Personnel

11 Management for deposit in the Treasury to the credit of

12 the Civil Service Retirement and Disability Fund an

13 amount equal to 0.5 percent of the basic pay of each em14 ployee of the agency who, as of March 31 of such fiscal year,

15 is subject to subchapter III of chapter 83 or chapter 84 of

16 title 5, United States Code.

17 (3) Notwithstanding any other provision of this sec18 tion, the head of an agency referred to in subsection (b)

19 may not pay voluntary separation incentive payments

20 under this section unless sufficient funds are available in

21 the Foreign Affairs Reorganization Transition Fund to

22 cover the cost of such payments and the amount of the re23 mittances required of the agency under paragraphs (1) and

24 (2).
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1 SEC. 1611. RIGHTS OF EMPLOYEES OF ABOLISHED AGEN2 CIES.

3 (a) IN GENERAL.—Except as otherwise provided by

4 this title, the transfer pursuant to this title of full-time per5 sonnel (except special Government employees) and part6 time personnel holding permanent positions shall not cause

7 any such employee to be separated or reduced in grade or

8 compensation for one year after the date of transfer of such

9 employee under this title.

10 (b) EXECUTIVE SCHEDULE POSITIONS.—Except as

11 otherwise provided in this title, any person who, on the day

12 preceding the date of the abolition of a transferor agency

13 under this title, held a position in such an agency that was

14 compensated in accordance with the Executive Schedule

15 prescribed in chapter 53 of title 5, United States Code, and

16 who, without a break in service, is appointed in a transferee

17 agency to a position having duties comparable to the duties

18 performed immediately preceding such appointment, shall

19 continue to be compensated in such new position at not less

20 than the rate provided for such previous position for the

21 duration of the service of such person in such new position.

22 (c) TERMINATION OF CERTAIN POSITIONS.—Positions

23 whose incumbents are appointed by the President, by and

24 with the advice and consent of the Senate, the functions of

25 which are transferred or abolished under this title, shall ter-
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1 minate on the date of the transferal or abolition, as the case

2 may be, of the functions under this title.

3 (d) EXCEPTED SERVICE.—(1) Subject to paragraph

4 (2), in the case of employees occupying positions in the ex5 cepted service or the Senior Executive Service, any appoint6 ment authority established pursuant to law or regulations

7 of the Office of Personnel Management for filling such posi8 tions shall be transferred.

9 (2) The Department of State may decline a transfer

10 of authority under paragraph (1) (and the employees ap11 pointed pursuant thereto) to the extent that such authority

12 relates to positions excepted from the competitive service be13 cause of their confidential, policy-making, policy-determin14 ing, or policy-advocating character, and noncareer posi15 tions in the Senior Executive Service (within the meaning

16 of section 3132(a)(7) of title 5, United States Code).

17 (e) SENIOR EXECUTIVE SERVICE.—A transferring em18 ployee in the Senior Executive Service shall be placed in

19 a comparable position at the Department of State.

20 (f) EMPLOYEE BENEFIT PROGRAMS.—(1) Any em21 ployee accepting employment with the Department of State

22 as a result of a transfer under this title may retain member23 ship for 1 year after the date such transfer occurs in any

24 employee benefit program of the transferor agency, includ-
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1 ing insurance, to which such employee belongs on the date

2 of the enactment of this Act if—

3 (A) the employee does not elect to give up the

4 benefit or membership in the program; and

5 (B) the benefit or program is continued by the

6 Secretary of State.

7 (2) The difference in the costs between the benefits

8 which would have been provided by such agency or entity

9 and those provided under this subsection shall be paid by

10 the Secretary of State.

11 (3) If an employee elects to give up membership in a

12 health insurance program or the health insurance program

13 is not continued by the Secretary of State, the employee

14 shall be permitted to select an alternate Federal health in15 surance program within 30 days of such election or notice,

16 without regard to any other regularly scheduled open sea17 son.

18 (g) ASSIGNMENTS.—(1) Transferring employees shall

19 receive notice of their position assignments not later than

20 the date on which the reorganization plan setting forth the

21 transferal of such employees is transmitted to the appro22 priate congressional committees under this title.

23 (2) Foreign Service personnel transferred to the De24 partment of State pursuant to this title shall be eligible for
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1 any assignment open to Foreign Service personnel within

2 the Department.

3 SEC. 1612. TRANSFER AND ALLOCATIONS OF APPROPRIA4 TIONS AND PERSONNEL.

5 (a) IN GENERAL.—Except as otherwise provided in

6 this title, the personnel employed in connection with, and

7 the assets, liabilities, contracts, property, records, and unex8 pended balances of appropriations, authorizations, alloca9 tions, and other funds employed, used, held, arising from,

10 available to, or to be made available in connection with

11 the functions transferred under this title, subject to section

12 1531 of title 31, United States Code, shall be transferred

13 to the transferee agency concerned.

14 (b) TREATMENT OF PERSONNEL EMPLOYED IN TERMI15 NATED FUNCTIONS.—The following shall apply with respect

16 to officers and employees of a transferor agency that are

17 not transferred under this title:

18 (1) Under such regulations as the Office of Per19 sonnel Management may prescribe, the head of any

20 agency in the executive branch may appoint in the

21 competitive service any person who is certified by the

22 head of the transferor agency as having served satis23 factorily in the transferor agency and who passes

24 such examination as the Office of Personnel Manage25 ment may prescribe. Any person so appointed shall,
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1 upon completion of the prescribed probationary pe2 riod, acquire a competitive status.

3 (2) The head of any agency in the executive

4 branch having an established merit system in the ex5 cepted service may appoint in such service any per6 son who is certified by the head of the transferor

7 agency as having served satisfactorily in the trans8 feror agency and who passes such examination as the

9 head of such agency in the executive branch may pre10 scribe.

11 (3) Any appointment under this subsection shall

12 be made within a period of one year after completion

13 of the appointee’s service in the transferor agency.

14 (4) Any law, Executive order, or regulation

15 which would disqualify an applicant for appointment

16 in the competitive service or in the excepted service

17 concerned shall also disqualify an applicant for ap18 pointment under this subsection.

19 (c) AUTHORIZED STRENGTH OF THE FOREIGN SERV20 ICE.—When an agency is abolished under this division, the

21 limitations for fiscal years 1996 and 1997 under section

22 141 of this Act on the members of the Foreign Service au23 thorized to be employed by such agency shall be added to

24 the limitations under such section which apply to the De25 partment of State.
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1 SEC. 1613. PERSONNEL AUTHORITIES FOR TRANSFERRED

2 FUNCTIONS.

3 (a) APPOINTMENTS.—(1) Subject to paragraph (2), the

4 head of a transferee agency may appoint and fix the com5 pensation of such officers and employees, including inves6 tigators, attorneys, and administrative law judges, as may

7 be necessary to carry out the respective functions trans8 ferred to the agency under this title. Except as otherwise

9 provided by law, such officers and employees shall be ap10 pointed in accordance with the civil service laws and their

11 compensation fixed in accordance with title 5, United

12 States Code.

13 (2) A person employed under paragraph (1) may not

14 continue in such employment after the end of the period

15 (as determined by the Secretary of State) required for the

16 transferal of functions under this title.

17 (b) EXPERTS AND CONSULTANTS.—The head of a

18 transferee agency may obtain the services of experts and

19 consultants in connection with functions transferred to the

20 agency under this title in accordance with section 3109 of

21 title 5, United States Code, and compensate such experts

22 and consultants for each day (including traveltime) at rates

23 not in excess of the rate of pay for level IV of the Executive

24 Schedule under section 5315 of such title. The head of the

25 transferee agency may pay experts and consultants who are

26 serving away from their homes or regular place of business
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1 travel expenses and per diem in lieu of subsistence at rates

2 authorized by sections 5702 and 5703 of such title for per3 sons in Government service employed intermittently.

4 SEC. 1614. PROPERTY AND FACILITIES.

5 (a) IN GENERAL.—The Secretary of State shall review

6 the property and facilities of each transferor agency for

7 purposes of determining if the property is required by the

8 Department of State in order to carry out the functions

9 of the Department after the transfer of functions to the De10 partment under this title.

11 (b) DEADLINE FOR TRANSFER.—Not later than March

12 1, 1997, all property and facilities within the custody of

13 the transferor agency shall be transferred to the custody of

14 the Secretary of State.

15 SEC. 1615. DELEGATION AND ASSIGNMENT.

16 Except where otherwise expressly prohibited by law or

17 otherwise provided by this Act, the head of a transferee

18 agency may delegate any of the functions transferred to the

19 head of the transferee agency under section 1601 and any

20 function transferred or granted to such head of the trans21 feree agency after the appropriate effective date specified in

22 section 1601 to such officers and employees of the transferee

23 agency as the head of the transferee agency may designate,

24 and may authorize successive redelegations of such func25 tions as may be necessary or appropriate. No delegation
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1 of functions by the head of the transferee agency under this

2 section or under any other provision of this title shall re3 lieve such head of the transferee agency of responsibility for

4 the administration of such functions.

5 SEC. 1616. RULES.

6 The head of a transferee agency may prescribe, in ac7 cordance with the provisions of chapters 5 and 6 of title

8 5, United States Code, such rules and regulations as the

9 head of the transferee agency determines necessary or ap10 propriate to administer and manage the functions of the

11 transferee agency after the transfer of functions to the agen12 cy under this title.

13 SEC. 1617. INCIDENTAL TRANSFERS.

14 The Director of the Office of Management and Budget

15 may, at such time or times as the Director shall provide,

16 make such additional incidental dispositions of personnel,

17 assets, liabilities, grants, contracts, property, records, and

18 unexpended balances of appropriations, authorizations, al19 locations, and other funds held, used, arising from, avail20 able to, or to be made available in connection with functions

21 abolished or transferred under this title, as may be nec22 essary to carry out the provisions of this title. The Director

23 shall provide for the termination of the affairs of all entities

24 terminated by this title and for such further measures and
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1 dispositions as may be necessary to effectuate the purposes

2 of this title.

3 SEC. 1618. EFFECT ON CONTRACTS AND GRANTS.

4 (a) PROHIBITION ON NEW OR EXTENDED CONTRACTS

5 OR GRANTS.—Except as provided in subsection (b), the

6 United States Arms Control and Disarmament Agency, the

7 United States Information Agency, and the Agency for

8 International Development may not—

9 (1) enter into a contract or agreement which will

10 continue in force after the date of abolition of such

11 agency under this division;

12 (2) extend the term of an existing contract or

13 agreement of such agency to a date after such date;

14 or

15 (3) make a grant which will continue in force

16 after such date.

17 (b) EXCEPTION.—Subsection (a) does not apply to the

18 following:

19 (1) Contracts and agreements for carrying out

20 essential administrative functions.

21 (2) Contracts and agreements for functions and

22 activities that the Secretary of State determines will

23 be carried out by the Department of State after the

24 termination of the agency concerned under this title.
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1 (3) Grants relating to the functions and activi2 ties referred to in paragraph (2).

3 (c) EVALUATION AND TERMINATION OF EXISTING CON4 TRACTS.—The Secretary of State and the head of each agen5 cy referred to in subsection (a) shall—

6 (1) review the contracts of such agency that will

7 continue in force after the date of the abolition of the

8 agency under this division in order to determine if

9 the cost of abrogating such contracts before that date

10 would exceed the cost of carrying out the contract ac11 cording to its terms; and

12 (2) in the case of each contract so determined,

13 provide for the termination of the contract in the

14 most cost-effective manner practicable.

15 SEC. 1619. SAVINGS PROVISIONS.

16 (a) CONTINUING EFFECT OF LEGAL DOCUMENTS.—All

17 orders, determinations, rules, regulations, permits, agree18 ments, grants, contracts, certificates, licenses, registrations,

19 privileges, and other administrative actions—

20 (1) which have been issued, made, granted, or al21 lowed to become effective by the President, any Fed22 eral agency or official thereof, or by a court of com23 petent jurisdiction, in the performance of functions

24 which are transferred under this title, and
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1 (2) which are in effect at the time of the appro2 priate effective date specified in section 1601, or were

3 final before such effective date and are to become effec4 tive on or after such effective date,

5 shall continue in effect according to their terms until modi6 fied, terminated, superseded, set aside, or revoked in accord7 ance with law by the President, the head of the transferee

8 agency concerned or other authorized official, a court of

9 competent jurisdiction, or by operation of law.

10 (b) PROCEEDINGS NOT AFFECTED.—The provisions of

11 this title shall not affect any proceedings, including notices

12 of proposed rulemaking, or any application for any license,

13 permit, certificate, or financial assistance pending before

14 a transferor agency at the time this title takes effect for

15 the agency, with respect to functions transferred under this

16 title but such proceedings and applications shall be contin17 ued. Orders shall be issued in such proceedings, appeals

18 shall be taken therefrom, and payments shall be made pur19 suant to such orders, as if this title had not been enacted,

20 and orders issued in any such proceedings shall continue

21 in effect until modified, terminated, superseded, or revoked

22 by a duly authorized official, by a court of competent juris23 diction, or by operation of law. Nothing in this subsection

24 shall be deemed to prohibit the discontinuance or modifica25 tion of any such proceeding under the same terms and con-
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1 ditions and to the same extent that such proceeding could

2 have been discontinued or modified if this title had not been

3 enacted.

4 (c) SUITS NOT AFFECTED.—The provisions of this title

5 shall not affect suits commenced before the appropriate ef6 fective date specified in section 1601, and in all such suits,

7 proceedings shall be had, appeals taken, and judgments ren8 dered in the same manner and with the same effect as if

9 this title had not been enacted.

10 (d) NONABATEMENT OF ACTIONS.—No suit, action, or

11 other proceeding commenced by or against a transferor

12 agency, or by or against any individual in the official ca13 pacity of such individual as an officer of the transferor

14 agency, shall abate by reason of the enactment of this title.

15 (e) ADMINISTRATIVE ACTIONS RELATING TO PROMUL16 GATION OF REGULATIONS.—Any administrative action re17 lating to the preparation or promulgation of a regulation

18 by a transferor agency relating to a function transferred

19 under this title may be continued by the transferee agency

20 with the same effect as if this title had not been enacted.

21 SEC. 1620. SEPARABILITY.

22 If a provision of this title or its application to any

23 person or circumstance is held invalid, neither the remain24 der of this title nor the application of the provision to other

25 persons or circumstances shall be affected.
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1 SEC. 1621. OTHER TRANSITION AUTHORITIES.

2 The head of a transferee agency may utilize—

3 (1) the services of such officers, employees, and

4 other personnel of the transferor agency with respect

5 to functions transferred to the transferee agency under

6 this title; and

7 (2) funds appropriated to such functions for such

8 period of time as may reasonably be needed to facili9 tate the orderly implementation of this title.

10 SEC. 1622. ADDITIONAL CONFORMING AMENDMENTS.

11 The President may submit a report to the appropriate

12 congressional committees containing such recommendations

13 for such additional technical and conforming amendments

14 to the laws of the United States as may be appropriate to

15 reflect the changes made by this division.

16 SEC. 1623. FINAL REPORT.

17 Not later than October 1, 1998, the President shall pro18 vide by written report to the Congress a final accounting

19 of the finances and operations of the United States Arms

20 Control and Disarmament Agency, the United States Infor21 mation Agency, and the Agency for International Develop22 ment, and a projection of the personnel end-strengths of the

23 Foreign Service and the Senior Foreign Service as of Sep24 tember 30, 1999.
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1 SEC. 1624. DEFINITIONS.

2 For purposes of this title, unless otherwise provided or

3 indicated by the context—

4 (1) the term ‘‘appropriate congressional commit5 tees’’ means the Committee on Foreign Relations of

6 the Senate and the Committee on International Rela7 tions of the House of Representatives;

8 (2) the term ‘‘Federal agency’’ has the meaning

9 given to the term ‘‘agency’’ by section 551(1) of title

10 5, United States Code;

11 (3) the term ‘‘function’’ means any duty, obliga12 tion, power, authority, responsibility, right, privilege,

13 activity, or program;

14 (4) the term ‘‘office’’ includes any office, admin15 istration, agency, institute, unit, organizational en16 tity, or component thereof;

17 (5) the term ‘‘transferee agency’’ means—

18 (A) the Department of State, with respect to

19 functions transferred under section 1601(a);

20 (B) the Broadcasting Board of Governors of

21 the Department of State, with respect to func22 tions transferred under section 1601(b);

23 (C) the Chief Financial Officer of the De24 partment of State, with respect to functions

25 transferred under section 1601(c); and
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1 (D) the Inspector General for Foreign Af2 fairs of the Department of State, with respect to

3 functions transferred under section 1601(d); and

4 (6) the term ‘‘transferor agency’’ refers to each of

5 the following agencies:

6 (A) The United States Arms Control and

7 Disarmament Agency, with respect to the func8 tions transferred under section 1601(a)(1).

9 (B) The United States Information Agency

10 (exclusive of the Broadcasting Board of Gov11 ernors), with respect to the functions transferred

12 under section 1601(a)(2).

13 (C) The Agency for International Develop14 ment, a component of the International Develop15 ment Cooperation Agency, with respect to the

16 functions transferred under section 1601(a)(3).

17 (D) The International Development Co18 operation Agency (exclusive of components ex19 pressly established by statute or reorganization

20 plan), with respect to the functions transferred

21 under section 1601(a)(3).

22 (E) The Broadcasting Board of Governors,

23 with respect to the functions transferred under

24 section 1601(b).
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1 (F) The Officer of the Chief Financial Offi2 cer, Agency for International Development, with

3 respect to the functions transferred under section

4 1601(c).

5 (G) The Office of Inspector General, United

6 States Information Agency, with respect to the

7 functions transferred under section 1601(d)(1).

8 (H) The Office of Inspector General, Agency

9 for International Development, with respect to

10 the functions transferred under section

11 1601(d)(2).

Attest:

Secretary.
104TH CONGRESS

1ST SESSION H. R. 1561

AMENDMENT
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