H. R. 1561

One Hundred Fourth Congress

of the

United States of America

AT THE SECOND SESSION

Begun and held at the City of Washington on Wednesday,

the third day of January, one thousand nine hundred and ninety-six

An Act

To consolidate the foreign affairs agencies of the United States; to authorize appropriations for the Department of State and related agencies for fiscal years 1996

and 1997; to responsibly reduce the authorizations of appropriations for United

States foreign assistance programs for fiscal years 1996 and 1997, and for other

purposes.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

(a) SHORT TITLE.—This Act may be cited as the ‘‘Foreign Relations Authorization Act, Fiscal Years 1996 and 1997’’.

(b) TABLE OF CONTENTS.—The table of contents of this Act

is as follows:

DIVISION A—CONSOLIDATION OF FOREIGN AFFAIRS AGENCIES

TITLE I—GENERAL PROVISIONS

Sec. 101. Short title.

Sec. 102. Congressional findings.

Sec. 103. Purposes.

Sec. 104. Definitions.

TITLE II—UNITED STATES ARMS CONTROL AND DISARMAMENT AGENCY

CHAPTER 1—GENERAL PROVISIONS

Sec. 201. Effective date.

CHAPTER 2—ABOLITION OF UNITED STATES ARMS CONTROL AND DISARMAMENT

AGENCY AND TRANSFER OF FUNCTIONS

Sec. 211. Abolition of United States Arms Control and Disarmament Agency.

Sec. 212. Transfer of functions to Secretary of State.

Sec. 213. Coordinator for Arms Control and Disarmament.

CHAPTER 3—CONFORMING AMENDMENTS

Sec. 221. References.

Sec. 222. Repeal of establishment of ACDA.

Sec. 223. Repeal of positions and offices.

Sec. 224. Authorities of Secretary of State.

Sec. 225. Conforming amendments.

TITLE III—UNITED STATES INFORMATION AGENCY

CHAPTER 1—GENERAL PROVISIONS

Sec. 301. Effective date.

CHAPTER 2—ABOLITION OF UNITED STATES INFORMATION AGENCY AND TRANSFER OF

FUNCTIONS

Sec. 311. Abolition of United States Information Agency.

Sec. 312. Transfer of functions.

Sec. 313. Under Secretary of State for Public Diplomacy.

CHAPTER 3—CONFORMING AMENDMENTS

Sec. 321. References in law.
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Sec. 322. Amendments to title 5, United States Code.

Sec. 323. Amendments to United States Information and Educational Exchange Act

of 1948.

Sec. 324. Amendments to Mutual Educational and Cultural Exchange Act of 1961

(Fulbright-Hays Act). Sec. 325. International broadcasting activities.

Sec. 326. Television broadcasting to Cuba.

Sec. 327. Radio broadcasting to Cuba.

Sec. 328. National Endowment for Democracy.

Sec. 329. United States scholarship program for developing countries.

Sec. 330. Fascell Fellowship Board.

Sec. 331. National Security Education Board.

Sec. 332. Center for Cultural and Technical Interchange Between North and South.

Sec. 333. Center for Cultural and Technical Interchange Between East and West.

Sec. 334. Mission of Department of State.

Sec. 335. Consolidation of administrative services.

Sec. 336. Grants.

Sec. 337. Ban on domestic activities.

Sec. 338. Conforming repeal to Arms Control and Disarmament Act.

Sec. 339. Repeal relating to procurement of legal services.

Sec. 340. Repeal relating to payment of subsistence expenses.

Sec. 341. Conforming amendment to SEED Act.

Sec. 342. International Cultural and Trade Center Commission.

Sec. 343. Other laws referenced in Reorganization Plan No. 2 of 1977.

Sec. 344. Exchange program with countries in transition from totalitarianism to democracy. Sec. 345. Edmund S. Muskie Fellowship Program.

Sec. 346. Implementation of Convention on Cultural Property.

Sec. 347. Mike Mansfield Fellowships.

Sec. 348. United States Advisory Committee for Public Diplomacy.

TITLE IV—AGENCY FOR INTERNATIONAL DEVELOPMENT

CHAPTER 1—GENERAL PROVISIONS

Sec. 401. Effective date.

CHAPTER 2—ABOLITION OF AGENCY FOR INTERNATIONAL DEVELOPMENT AND

TRANSFER OF FUNCTIONS

Sec. 411. Abolition of Agency for International Development and United States

International Development Cooperation Agency. Sec. 412. Transfer of functions.

Sec. 413. Under Secretary of State for Development and for Economic and Commercial Affairs.

Sec. 414. Abolition of Office of Inspector General of Agency for International Development and transfer of functions. Sec. 415. Abolition of Office of Chief Financial Officer of Agency for International

Development and transfer of functions.

CHAPTER 3—CONFORMING AMENDMENTS

Sec. 421. References.

Sec. 422. Exercise of functions by Secretary of State.

Sec. 423. Repeal of positions; employment and contracting authorities.

Sec. 424. Development Loan Committee.

Sec. 425. Development Coordination Committee.

Sec. 426. Public Law 83–480 program.

Sec. 427. Conforming amendments to title 5, United States Code.

Sec. 428. Trade Promotion Coordinating Committee.

Sec. 429. Additional conforming amendments.

TITLE V—OFFICES OF INSPECTORS GENERAL

Sec. 501. Repeal relating to Inspector General for United States Arms Control and

Disarmament Agency. Sec. 502. Abolition of Office of Inspector General of United States Information

Agency and transfer of functions.

TITLE VI—TRANSITION

CHAPTER 1—REORGANIZATION PLAN AND WAIVER

Sec. 601. Reorganization plan.

Sec. 602. Waiver.

CHAPTER 2—REORGANIZATION AUTHORITY

Sec. 611. Reorganization authority.
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Sec. 612. Transfer and allocation of appropriations and personnel.

Sec. 613. Incidental transfers.

Sec. 614. Effect on personnel.

Sec. 615. Transition fund.

Sec. 616. Savings provisions.

Sec. 617. Property and facilities.

Sec. 618. Authority of Secretary of State to facilitate transition.

Sec. 619. Recommendations for additional conforming amendments.

Sec. 620. Final report.

Sec. 621. Transfer of function.

Sec. 622. Severability.

DIVISION B—FOREIGN RELATIONS AUTHORIZATIONS

TITLE X—GENERAL PROVISIONS

Sec. 1001. Short title.

Sec. 1002. Definitions.

TITLE XI—AUTHORIZATION OF APPROPRIATIONS FOR DEPARTMENT OF

STATE AND CERTAIN INTERNATIONAL AFFAIRS FUNCTIONS AND ACTIVITIES

Sec. 1101. Administration of foreign affairs.

Sec. 1102. International organizations, programs, and conferences.

Sec. 1103. International commissions.

Sec. 1104. Migration and refugee assistance.

Sec. 1105. Asia Foundation.

Sec. 1106. United States informational, educational, and cultural programs.

Sec. 1107. United States arms control and disarmament.

Sec. 1108. Administration of foreign assistance.

Sec. 1109. Narcotics control assistance.

Sec. 1110. Peace Corps.

Sec. 1111. Housing guarantee program.

TITLE XII—DEPARTMENT OF STATE AUTHORITIES AND ACTIVITIES

CHAPTER 1—AUTHORITIES AND ACTIVITIES

Sec. 1201. Revision of Department of State rewards program.

Sec. 1202. Buying power maintenance account.

Sec. 1203. Expenses relating to certain international claims and proceedings.

Sec. 1204. Denial of passports to noncustodial parents subject to State arrest warrants in cases of nonpayment of child support.

Sec. 1205. Training.

Sec. 1206. Capital Investment Fund.

Sec. 1207. Lease-purchase of overseas property.

Sec. 1208. Fees for commercial services.

Sec. 1209. Reduction of reporting requirements.

Sec. 1210. Fee for use of diplomatic reception rooms.

Sec. 1211. International Center reserve funds.

Sec. 1212. Joint funds under agreements for cooperation in environmental, scientific, cultural, and related areas.

Sec. 1213. Efficiency in procurement.

Sec. 1214. Concerning the use of funds to further normalize relations with Vietnam.

Sec. 1215. Diplomatic Telecommunications Service.

CHAPTER 2—CONSULAR AUTHORITIES OF THE DEPARTMENT OF STATE

Sec. 1231. Fees for machine readable visas.

Sec. 1232. Fingerprint check requirement.

Sec. 1233. Use of certain passport processing fees for enhanced passport services.

Sec. 1234. Consular officers.

Sec. 1235. Fee for diversity immigrant lottery.

Sec. 1236. Fee for execution of passport applications.

Sec. 1237. Exclusion from the United States for membership in a terrorist organization.

Sec. 1238. Terrorist Lookout Committees.

Sec. 1239. Incitement as a basis for exclusion from the United States.

CHAPTER 3—REFUGEES AND MIGRATION

Sec. 1251. Report to Congress concerning Cuban emigration policies.

Sec. 1252. Extension of certain adjudication provisions.
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Sec. 1253. United States policy regarding the involuntary return of refugees.

Sec. 1254. Report on Iraqi refugees.

Sec. 1255. Persecution for resistance to coercive population control methods.

Sec. 1256. United States policy with respect to the involuntary return of persons

in danger of subjection to torture.

TITLE XIII—ORGANIZATION OF THE DEPARTMENT OF STATE;

DEPARTMENT OF STATE PERSONNEL; THE FOREIGN SERVICE

CHAPTER 1—ORGANIZATION OF THE DEPARTMENT OF STATE

Sec. 1301. Coordinator for Counterterrorism.

Sec. 1302. Authority of United States Permanent Representative to the United Nations.

Sec. 1303. Special Envoy for Tibet.

Sec. 1304. Responsibilities of bureau charged with migration and refugee assistance. Sec. 1305. Elimination of statutory establishment of certain positions of the Department of State.

Sec. 1306. Management of the human resources of the Department of State.

CHAPTER 2—PERSONNEL OF THE DEPARTMENT OF STATE; THE FOREIGN SERVICE

Sec. 1351. Authorized strength of the Foreign Service.

Sec. 1352. Restriction on lobbying activities of former United States chiefs of mission.

Sec. 1353. Limitations on management assignments.

Sec. 1354. Nonovertime differential pay.

Sec. 1355. Recovery of costs of health care services.

Sec. 1356. Report on promotion and retention of personnel.

Sec. 1357. Foreign Service reform.

TITLE XIV—UNITED STATES PUBLIC DIPLOMACY: AUTHORITIES AND ACTIVITIES FOR UNITED STATES INFORMATIONAL, EDUCATIONAL, AND

CULTURAL PROGRAMS

Sec. 1401. Availability of Voice of America and Radio Marti multilingual computer

readable text and voice recordings.

Sec. 1402. Center for Cultural and Technical Interchange Between North and

South.

Sec. 1403. Expansion of Muskie Fellowship Program.

Sec. 1404. Mansfield Fellowship Program requirements.

Sec. 1405. Pilot program on advertising on USIA television and radio broadcasts.

Sec. 1406. Changes in administrative authorities.

Sec. 1407. Retention of interest.

Sec. 1408. Conduct of certain educational and cultural exchange programs.

Sec. 1409. Extension of Au Pair programs.

Sec. 1410. Educational and cultural exchanges and scholarships for Tibetans and

Burmese.

Sec. 1411. Initiation of broadcasts by Radio Free Asia.

Sec. 1412. Distribution within the United States of the United States Information

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

TITLE XV—INTERNATIONAL ORGANIZATIONS AND COMMISSIONS

CHAPTER 1—GENERAL PROVISIONS

Sec. 1501. Termination of United States participation in certain international organizations.

Sec. 1502. International Boundary and Water Commission.

Sec. 1503. Prohibition on assistance to international organizations espousing world

government.

Sec. 1504. International Covenant on Civil and Political Rights.

Sec. 1505. United States participation in single commodity international organizations.

CHAPTER 2—UNITED NATIONS AND AFFILIATED AGENCIES AND ORGANIZATIONS

Sec. 1521. Reform in budget decisionmaking procedures of the United Nations and

its specialized agencies.

Sec. 1522. Report on UNICEF.

Sec. 1523. United Nations budgetary and management reform.

Sec. 1524. Limitation on assessment percentage for peacekeeping activities.

Sec. 1525. Annual report on United States contributions to United Nations peacekeeping activities.
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Sec. 1526. Prior congressional notification of Security Council votes on United Nations peacekeeping activities. Sec. 1527. Codification of required notice to Congress of proposed United Nations

peacekeeping activities. Sec. 1528. Restrictions on intelligence sharing with the United Nations.

TITLE XVI—FOREIGN POLICY PROVISIONS

Sec. 1601. Applicability of Taiwan Relations Act.

Sec. 1602. Report on occupied Tibet.

Sec. 1603. Taipei Representative Office.

Sec. 1604. Efforts against emerging infectious diseases.

Sec. 1605. Statutory construction.

Sec. 1606. Reports regarding Hong Kong.

Sec. 1607. The United States-North Korea Agreed Framework of October 21, 1994,

and the Korean Peninsula Energy Development Organization (KEDO). Sec. 1608. International criminal court participation.

Sec. 1609. Prohibition on the transfer of arms to Indonesia.

Sec. 1610. Bosnia and Herzegovina Self-Defense Fund.

Sec. 1611. Reports to Congress on aspects of implementation of the General Framework Agreement. Sec. 1612. Verification of Missile Technology Control Regime.

Sec. 1613. Repeal of termination of provisions of the Nuclear Proliferation Prevention Act of 1994.

Sec. 1614. Payment of Iraqi claims.

Sec. 1615. International Fund for Ireland.

Sec. 1616. Deobligation of certain unexpended economic assistance funds.

Sec. 1617. Limitation on assistance to countries that restrict the transport or delivery of United States humanitarian assistance.

TITLE XVII—CONGRESSIONAL STATEMENTS

Sec. 1701. The Laogai system of political prisons.

Sec. 1702. Declaration of Congress regarding United States Government human

rights policy toward China. Sec. 1703. United States relations with the Former Yugoslav Republic of Macedonia (FYROM).

Sec. 1704. Displaced persons.

Sec. 1705. Sense of Congress on border crossing fees.

Sec. 1706. Inter-American organizations.

Sec. 1707. Escalating costs for international peacekeeping activities.

Sec. 1708. Visit of the President of the Republic of China on Taiwan.

Sec. 1709. Republic of China on Taiwan’s participation in GATT and WTO.

Sec. 1710. Industrial park for Gaza or the West Bank.

DIVISION A—CONSOLIDATION OF

FOREIGN AFFAIRS AGENCIES

TITLE I—GENERAL PROVISIONS

SEC. 101. SHORT TITLE.

This division may be cited as the ‘‘Foreign Affairs Agencies

Consolidation Act of 1996’’.

SEC. 102. CONGRESSIONAL FINDINGS.

Congress makes the following findings: (1) With the end of the Cold War, the international challenges facing the United States have changed, but the fundamental national interests of the United States have not.

The security, economic, and humanitarian interests of the

United States require continued United States engagement in

international affairs. The leading role of the United States

in world affairs will be as important in the twenty-first century

as it has been in the twentieth.

(2) The United States budget deficit requires that the foreign as well as the domestic programs and activities of the
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United States be carefully reviewed for potential savings. Wherever possible, foreign programs and activities must be streamlined, managed more efficiently, and adapted to the requirements of the post-Cold War era.

(3) In order to downsize the foreign programs and activities

of the United States without jeopardizing United States

interests, strong and effective leadership will be required. As

the official principally responsible for the conduct of foreign

policy, the Secretary of State must have the authority to allocate efficiently the resources within the international affairs

budget. As a first step in the downsizing process, the proliferation of foreign affairs agencies that occurred during the Cold

War must be reversed, and the functions of these agencies

must be restored to the Secretary of State.

(4) A streamlined and reorganized foreign affairs structure

under the strengthened leadership of the Secretary of State

can more effectively promote the international interests of the

United States in the next century than the existing structure.

SEC. 103. PURPOSES.

The purposes of this division are—

(1) to consolidate and reinvent the foreign affairs agencies

of the United States within the Department of State;

(2) to assist congressional efforts to balance the Federal

budget and reduce the Federal debt;

(3) to provide for the reorganization of the Department

of State to maximize the efficient use of resources, eliminate

redundancy in functions, effect budget savings, and improve

the management of the Department of State; (4) to ensure that the United States maintains adequate

representation abroad within budgetary restraints; (5) to ensure that programs critical to the promotion of

United States national interests be maintained;

(6) to encourage United States foreign affairs agencies to

maintain a high percentage of the best qualified, most competent United States citizens serving in the United States

Government while downsizing significantly the total number

of people employed by such agencies; (7) to strengthen— (A) the coordination of United States foreign policy;

and

(B) the leading role of the Secretary of State in the

formulation and articulation of United States foreign policy;

and

(8) to abolish, not later than March 1, 1997, the United

States Arms Control and Disarmament Agency, the United

States Information Agency, the United States International

Development Cooperation Agency, and the Agency for International Development.

SEC. 104. DEFINITIONS.

The following terms have the following meanings for the purposes of this division:

(1) The term ‘‘ACDA’’ means the United States Arms Control and Disarmament Agency.

(2) The term ‘‘AID’’ means the Agency for International

Development.
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(3) The term ‘‘appropriate congressional committees’’ means

the Committee on International Relations of the House of Representatives and the Committee on Foreign Relations of the

Senate.

(4) The term ‘‘Department’’ means the Department of State.

(5) The term ‘‘Federal agency’’ has the meaning given to

the term ‘‘agency’’ by section 551(1) of title 5, United States

Code.

(6) The term ‘‘function’’ means any duty, obligation, power,

authority, responsibility, right, privilege, activity, or program.

(7) The term ‘‘office’’ includes any office, administration,

agency, institute, unit, organizational entity, or component

thereof.

(8) The term ‘‘Secretary’’ means the Secretary of State.

(9) The term ‘‘USIA’’ means the United States Information

Agency.

TITLE II—UNITED STATES ARMS

CONTROL AND DISARMAMENT AGENCY

CHAPTER 1—GENERAL PROVISIONS

SEC. 201. EFFECTIVE DATE.

(a) IN GENERAL.—Except as provided in subsection (b), this

title, and the amendments made by this title, shall take effect

on the earlier of—

(1) March 1, 1997; or

(2) the date of abolition of the United States Arms Control

and Disarmament Agency pursuant to the reorganization plan

described in section 601.

(b) EXCEPTION.—This title shall not take effect if the President

waives the applicability of this title pursuant to section 602.

CHAPTER 2—ABOLITION OF UNITED STATES ARMS CONTROL AND DISARMAMENT AGENCY AND TRANSFER

OF FUNCTIONS

SEC. 211. ABOLITION OF UNITED STATES ARMS CONTROL AND DISARMAMENT AGENCY.

The United States Arms Control and Disarmament Agency

is abolished.

SEC. 212. TRANSFER OF FUNCTIONS TO SECRETARY OF STATE.

There are transferred to the Secretary of State all functions

of the Director of the United States Arms Control and Disarmament

Agency and all functions of the United States Arms Control and

Disarmament Agency and any office or component of such agency

under any statute, reorganization plan, Executive order, or other

provision of law as of the day before the effective date of this

title, except as otherwise provided in this division.

SEC. 213. COORDINATOR FOR ARMS CONTROL AND DISARMAMENT.

(a) ESTABLISHMENT OF COORDINATOR FOR ARMS CONTROL AND

DISARMAMENT.—Section 1 of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2651a) is amended—

(1) by redesignating subsection (e) as subsection (f); and
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(2) by inserting after subsection (d) the following new subsection (e):

‘‘(e) COORDINATOR FOR ARMS CONTROL AND DISARMAMENT.—

(1) There shall be within the office of the Secretary of State a

Coordinator for Arms Control and Disarmament (hereafter in this

subsection referred to as the ‘Coordinator’) who shall be appointed

by the President, by and with the advice and consent of the Senate.

The Coordinator shall report directly to the Secretary of State.

‘‘(2)(A) The Coordinator shall perform such duties and exercise

such power as the Secretary of State shall prescribe.

‘‘(B) The Coordinator shall be responsible for arms control and

disarmament matters. The Coordinator shall head the Bureau of

Arms Control and Disarmament.

‘‘(3) The Coordinator shall have the rank and status of Ambassador-at-Large. The Coordinator shall be compensated at the annual

rate of basic pay in effect for a position at level IV of the Executive

Schedule under section 5314 of title 5, United States Code, or,

if the Coordinator is appointed from the Foreign Service, the annual

rate of pay which the individual last received under the Foreign

Service Schedule, whichever is greater.’’.

(b) PARTICIPATION IN MEETINGS OF NATIONAL SECURITY COUNCIL.—Section 101 of the National Security Act of 1947 (50 U.S.C.

402) is amended by adding at the end the following new subsection:

‘‘(i) The Coordinator for Arms Control and Disarmament may,

in the role of advisor to the National Security Council on arms

control and disarmament matters, and subject to the direction of

the President, attend and participate in meetings of the National

Security Council.’’.

CHAPTER 3—CONFORMING AMENDMENTS

SEC. 221. REFERENCES.

Any reference in any statute, reorganization plan, Executive

order, regulation, agreement, determination, or other official document or proceeding to—

(1) the Director of the United States Arms Control and

Disarmament Agency, or any other officer or employee of the

United States Arms Control and Disarmament Agency, shall

be deemed to refer to the Secretary of State; and

(2) the United States Arms Control and Disarmament

Agency shall be deemed to refer to the Department of State.

SEC. 222. REPEAL OF ESTABLISHMENT OF ACDA.

Section 21 of the Arms Control and Disarmament Act (22

U.S.C. 2561; relating to the establishment of ACDA) is repealed.

SEC. 223. REPEAL OF POSITIONS AND OFFICES.

The following sections of the Arms Control and Disarmament

Act are repealed:

(1) Section 22 (22 U.S.C. 2562; relating to the Director).

(2) Section 23 (22 U.S.C. 2563; relating to the Deputy

Director).

(3) Section 24 (22 U.S.C. 2564; relating to Assistant Directors).

(4) Section 25 (22 U.S.C. 2565; relating to bureaus, offices,

and divisions).
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SEC. 224. AUTHORITIES OF SECRETARY OF STATE.

(a) IN GENERAL.—(1) Except as provided in paragraph (2),

the Arms Control and Disarmament Act (22 U.S.C. 2551 et seq.)

is amended by striking ‘‘Agency’’ and ‘‘Director’’ each place it

appears and inserting ‘‘Department’’ and ‘‘Secretary’’, respectively.

(2) No amendment shall be made under paragraph (1) to references to the On-Site Inspection Agency or to the Director of

Central Intelligence.

(b) PURPOSE.—Section 2 of such Act (22 U.S.C. 2551) is

amended—

(1) by striking the second, fourth, fifth, and sixth sentences;

and

(2) in the seventh sentence—

(A) by striking ‘‘It’’ and all that follows through ‘‘State,’’

and inserting ‘‘The Department of State shall have the

authority’’; and

(B) by striking ‘‘primary’’.

(c) DEFINITIONS.—Section 3 of such Act (22 U.S.C. 2552) is

amended by striking paragraph (c) and inserting the following:

‘‘(c) The term ‘Department’ means the Department of State.

‘‘(d) The term ‘Secretary’ means the Secretary of State.’’.

(d) SCIENTIFIC AND POLICY ADVISORY COMMITTEE.—Section

26(b) of such Act (22 U.S.C. 2566(b)) is amended by striking ‘‘,

the Secretary of State, and the Director’’ and inserting ‘‘and the

Secretary of State’’.

(e) PRESIDENTIAL SPECIAL REPRESENTATIVES.—Section 27 of

such Act (22 U.S.C. 2567) is amended by striking ‘‘, acting through

the Director’’.

(f) PROGRAM FOR VISITING SCHOLARS.—Section 28 of such Act

(22 U.S.C. 2568) is amended—

(1) in the second sentence, by striking ‘‘Agency’s activities’’

and inserting ‘‘Department’s arms control, nonproliferation, and

disarmament activities’’; and

(2) in the fourth sentence, by striking ‘‘, and all former

Directors of the Agency’’.

(g) POLICY FORMULATION.—Section 33(a) of such Act (22 U.S.C.

2573(a)) is amended by striking ‘‘shall prepare for the President,

the Secretary of State,’’ and inserting ‘‘shall prepare for the President’’.

(h) NEGOTIATION MANAGEMENT.—Section 34 of such Act (22

U.S.C. 2574) is amended—

(1) in subsection (a), by striking ‘‘the President and the

Secretary of State’’ and inserting ‘‘the President’’; and

(2) by striking subsection (b).

(i) VERIFICATION OF COMPLIANCE.—Section 37(d) of such Act

(22 U.S.C. 2577(d)) is amended by striking ‘‘Director’s designee’’

and inserting ‘‘Secretary’s designee’’.

(j) GENERAL AUTHORITY.—Section 41 of such Act (22 U.S.C.

2581) is repealed.

(k) SECURITY REQUIREMENTS.—Section 45 of such Act (22 U.S.C.

2585) is amended—

(1) by striking subsections (a), (b), and (d); and

(2) by striking ‘‘(c)’’ before ‘‘The Atomic Energy Commission’’.

(l) USE OF FUNDS.—Section 48 of such Act (22 U.S.C. 2588)

is repealed.
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(m) ANNUAL REPORT.—Section 51(a) of such Act (22 U.S.C.

2593a(a)) is amended by striking ‘‘the Secretary of State,’’.

(n) REQUIREMENT FOR AUTHORIZATION OF APPROPRIATIONS.—

Section 53 of such Act (22 U.S.C. 2593c) is repealed.

(o) ON-SITE INSPECTION AGENCY.—Section 61 of such Act (22

U.S.C. 2595) is amended—

(1) in paragraph (1), by striking ‘‘United States Arms Control and Disarmament Agency is’’ and inserting ‘‘Department

of State and the Department of Defense are respectively’’; and

(2) in paragraph (7), by striking ‘‘the United States Arms

Control and Disarmament Agency and’’.

SEC. 225. CONFORMING AMENDMENTS.

(a) ARMS EXPORT CONTROL ACT.—The Arms Export Control

Act is amended—

(1) in section 36(b)(1)(D) (22 U.S.C. 2776(b)(1)(D)), by striking ‘‘Director of the Arms Control and Disarmament Agency

in consultation with the Secretary of State and’’ and inserting

‘‘Secretary of State in consultation with’’;

(2) in section 38(a)(2) (22 U.S.C. 2778(a)(2))—

(A) in the first sentence, by striking ‘‘Director of the

United States Arms Control and Disarmament Agency,

taking into account the Director’s’’ and inserting ‘‘Secretary

of State, taking into account the Secretary’s’’; and

(B) in the second sentence, by striking ‘‘The Director

of the Arms Control and Disarmament Agency is authorized, whenever the Director’’ and inserting ‘‘The Secretary

of State is authorized, whenever the Secretary’’;

(3) in section 42(a) (22 U.S.C. 2791(a))—

(A) in paragraph (1)(C), by striking ‘‘Director of the

United States Arms Control and Disarmament Agency’’

and inserting ‘‘Secretary of State’’; and

(B) in paragraph (2)—

(i) in the first sentence, by striking ‘‘Director of

the United States Arms Control and Disarmament

Agency’’ and inserting ‘‘Secretary of State’’; and

(ii) in the second sentence, by striking ‘‘Director

of the Arms Control and Disarmament Agency is

authorized, whenever the Director’’ and inserting ‘‘Secretary of State is authorized, whenever the Secretary’’;

(4) in section 71(a) (22 U.S.C. 2797(a)), by striking ‘‘, the

Director of the Arms Control and Disarmament Agency,’’ and

inserting ‘‘Secretary of State’’;

(5) in section 71(b)(1) (22 U.S.C. 2797(b)(1)), by striking

‘‘Director of the United States Arms Control and Disarmament

Agency’’ and inserting ‘‘Secretary of State’’;

(6) in section 71(b)(2) (22 U.S.C. 2797(b)(2))—

(A) by striking ‘‘Director of the United States Arms

Control and Disarmament Agency’’ and inserting ‘‘Secretary

of State’’; and

(B) by striking ‘‘or the Director’’;

(7) in section 71(c) (22 U.S.C. 2797(c)), by striking ‘‘Director

of the United States Arms Control and Disarmament Agency,’’

and inserting ‘‘Secretary of State’’; and

(8) in section 73(d) (22 U.S.C. 2797b(d)), by striking ‘‘,

the Secretary of Commerce, and the Director of the United
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States Arms Control and Disarmament Agency’’ and inserting

‘‘and the Secretary of Commerce’’.

(b) UNITED STATES INSTITUTE OF PEACE ACT.—Section 1706(b)

of the United States Institute of Peace Act (22 U.S.C. 4605(b))

is amended—

(1) by striking out paragraph (3);

(2) by redesignating paragraphs (4) and (5) as paragraphs

(3) and (4), respectively; and

(3) in paragraph (4) (as redesignated by paragraph (2)),

by striking ‘‘Eleven’’ and inserting ‘‘Twelve’’.

(c) ATOMIC ENERGY ACT OF 1954.—The Atomic Energy Act

of 1954 is amended—

(1) in section 57 b. (42 U.S.C. 2077(b))—

(A) in the first sentence, by striking ‘‘the Arms Control

and Disarmament Agency,’’; and

(B) in the second sentence, by striking ‘‘the Director

of the Arms Control and Disarmament Agency,’’; and

(2) in section 123 (42 U.S.C. 2153)—

(A) in subsection a. (in the text below paragraph (9))—

(i) by striking ‘‘and in consultation with the Director of the Arms Control and Disarmament Agency (‘the

Director’)’’; and

(ii) by striking ‘‘and the Director’’ and inserting

‘‘and the Secretary of Defense’’;

(B) in subsection d., in the first proviso, by striking

‘‘Director of the Arms Control and Disarmament Agency’’

and inserting ‘‘Secretary of Defense’’; and

(C) in the first undesignated paragraph following subsection d., by striking ‘‘the Arms Control and Disarmament

Agency,’’.

(d) NUCLEAR NON-PROLIFERATION ACT OF 1978.—The Nuclear

Non-Proliferation Act of 1978 is amended—

(1) in section 4, by striking paragraph (2);

(2) in section 102, by striking ‘‘the Secretary of State,

and the Director of the Arms Control and Disarmament Agency’’

and inserting ‘‘and the Secretary of State’’; and

(3) in section 602(c), by striking ‘‘the Arms Control and

Disarmament Agency,’’.

(e) TITLE 5, UNITED STATES CODE.—Title 5, United States Code,

is amended—

(1) in section 5313, by striking ‘‘Director of the United

States Arms Control and Disarmament Agency.’’;

(2) in section 5314, by striking ‘‘Deputy Director of the

United States Arms Control and Disarmament Agency.’’;

(3) in section 5315—

(A) by striking ‘‘Assistant Directors, United States

Arms Control and Disarmament Agency (4).’’; and

(B) by striking ‘‘Special Representatives of the President for arms control, nonproliferation, and disarmament

matters, United States Arms Control and Disarmament

Agency’’, and inserting ‘‘Special Representatives of the

President for arms control, nonproliferation, and disarmament matters, Department of State’’; and

(4) in section 5316, by striking ‘‘General Counsel of the

United States Arms Control and Disarmament Agency.’’.
H. R. 1561—12

TITLE III—UNITED STATES

INFORMATION AGENCY

CHAPTER 1—GENERAL PROVISIONS

SEC. 301. EFFECTIVE DATE.

(a) IN GENERAL.—Except as provided in subsection (b), this

title, and the amendments made by this title, shall take effect

on the earlier of—

(1) March 1, 1997; or

(2) the date of abolition of the United States Information

Agency pursuant to the reorganization plan described in section

601.

(b) EXCEPTION.—This title shall not take effect if the President

waives the applicability of this title pursuant to section 602.

CHAPTER 2—ABOLITION OF UNITED STATES

INFORMATION AGENCY AND TRANSFER OF FUNCTIONS

SEC. 311. ABOLITION OF UNITED STATES INFORMATION AGENCY.

The United States Information Agency is abolished.

SEC. 312. TRANSFER OF FUNCTIONS.

(a) TRANSFER TO SECRETARY OF STATE.—There are transferred

to the Secretary of State all functions of the Director of the United

States Information Agency and all functions of the United States

Information Agency and any office or component of such agency

under any statute, reorganization plan, Executive order, or other

provision of law as of the day before the effective date of this

title, except as otherwise provided in this division.

(b) TRANSFER TO BROADCASTING BOARD OF GOVERNORS.—There

are transferred to the Broadcasting Board of Governors of the

Department of State under title III of the Foreign Relations

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

236), as amended by this Act, all functions of the Broadcasting

Board of Governors of the United States Information Agency as

of the day before the effective date of this title.

SEC. 313. UNDER SECRETARY OF STATE FOR PUBLIC DIPLOMACY.

Section 1(b) of the State Department Basic Authorities Act

of 1956 (22 U.S.C. 2651a(b)) is amended—

(1) by striking ‘‘There’’ and inserting the following:

‘‘(1) IN GENERAL.—There’’; and

(2) by adding at the end the following:

‘‘(2) UNDER SECRETARY FOR PUBLIC DIPLOMACY.—There

shall be in the Department of State, among the Under Secretaries authorized by paragraph (1), an Under Secretary for Public

Diplomacy who shall have responsibility to assist the Secretary

and the Deputy Secretary in the formation and implementation

of United States public diplomacy policies and activities, including international educational and cultural exchange programs,

information, and international broadcasting.’’.
H. R. 1561—13

CHAPTER 3—CONFORMING AMENDMENTS

SEC. 321. REFERENCES IN LAW.

Any reference in any statute, reorganization plan, Executive

order, regulation, agreement, determination, or other official document or proceeding to—

(1) the Director of the United States Information Agency

or the Director of the International Communication Agency

shall be deemed to refer to the Secretary of State; and

(2) the United States Information Agency, USIA, or the

International Communication Agency shall be deemed to refer

to the Department of State.

SEC. 322. AMENDMENTS TO TITLE 5, UNITED STATES CODE.

Title 5, United States Code, is amended—

(1) in section 5313, by striking ‘‘Director of the United

States Information Agency.’’;

(2) in section 5315, by striking ‘‘Deputy Director of the

United States Information Agency.’’; and

(3) in section 5316, by striking ‘‘Deputy Director, Policy

and Plans, United States Information Agency.’’ and striking

‘‘Associate Director (Policy and Plans), United States Information Agency.’’.

SEC. 323. AMENDMENTS TO UNITED STATES INFORMATION AND EDUCATIONAL EXCHANGE ACT OF 1948.

(a) REFERENCES IN SECTION.—Except as specifically provided

in this section, whenever in this section an amendment or repeal

is expressed as an amendment or repeal of a provision, the reference

shall be deemed to be made to the United States Information

and Educational Exchange Act of 1948 (22 U.S.C. 1431 et seq.). (b) IN GENERAL.—Except as otherwise provided in this section,

the Act (other than section 604 and subsections (a) and (c) of

section 701) is amended—

(1) by striking ‘‘United States Information Agency’’ each

place it appears and inserting ‘‘Department of State’’;

(2) by striking ‘‘Director of the United States Information

Agency’’ each place it appears and inserting ‘‘Secretary of

State’’;

(3) by striking ‘‘Director’’ each place it appears and inserting ‘‘Secretary of State’’;

(4) by striking ‘‘USIA’’ each place it appears and inserting

‘‘Department of State’’; and

(5) by striking ‘‘Agency’’ each place it appears and inserting

‘‘Department of State’’.

(c) SATELLITE AND TELEVISION BROADCASTS.—Section 505 (22

U.S.C. 1464a) is amended—

(1) by striking ‘‘Director of the United States Information

Agency’’ each of the three places it appears and inserting ‘‘Secretary of State’’; (2) in subsection (b), by striking ‘‘To be effective, the United

States Information Agency’’ and inserting ‘‘To be effective in

carrying out this subsection, the Department of State’’;

(3) by striking ‘‘USIA–TV’’ each place it appears and inserting ‘‘DEPARTMENT OF STATE–TV’’; and

(4) by striking subsection (e).
H. R. 1561—14

(d) NONDISCRETIONARY PERSONNEL COSTS AND CURRENCY FLUCTUATIONS.—Section 704 (22 U.S.C. 1477b) is amended—

(1) in subsection (b), by inserting after ‘‘authorized by law’’

the following: ‘‘in connection with carrying out the informational

and educational exchange functions of the Department’’; and

(2) in subsection (c), by striking ‘‘United States Information

Agency’’ each place it appears and inserting ‘‘Department of

State in carrying out the informational and educational

exchange functions of the Department’’.

(e) REPROGRAMMING NOTIFICATIONS.—Section 705 (22 U.S.C.

1477c) is amended by striking ‘‘United States Information Agency’’

each place it appears and inserting ‘‘Department of State in carrying

out its informational and educational exchange functions’’.

(f) AUTHORITIES OF THE SECRETARY.—Section 801(3) (22 U.S.C.

1471(3)) is amended by striking ‘‘if the sufficiency’’ and all that

follows and inserting ‘‘if the Secretary determines that title to

such real property or interests is sufficient;’’.

(g) REPEAL OF THE USIA SEAL.—Section 807 (22 U.S.C. 1475b)

is repealed.

(h) ACTING ASSOCIATE DIRECTORS.—Section 808 (22 U.S.C.

1475c) is repealed.

(i) DEBT COLLECTION.—Section 811 (22 U.S.C. 1475f) is

amended by inserting ‘‘informational and educational exchange’’

before ‘‘activities’’ each place it appears.

(j) OVERSEAS POSTS.—Section 812 (22 U.S.C. 1475g) is amended

by striking ‘‘United States Information Agency post’’ each place

it appears and inserting ‘‘informational and educational exchange

post of the Department of State’’.

(k) DEFINITION.—Section 4 (22 U.S.C. 1433) is amended by

adding at the end the following:

‘‘(4) ‘informational and educational exchange functions’,

with respect to the Department of State, refers to functions

exercised by the United States Information Agency before the

effective date of title III of the Foreign Affairs Agencies Consolidation Act of 1996.’’.

SEC. 324. AMENDMENTS TO MUTUAL EDUCATIONAL AND CULTURAL

EXCHANGE ACT OF 1961 (FULBRIGHT-HAYS ACT).

(a) REFERENCES IN SECTION.—Except as specifically provided

in this section, whenever in this section an amendment or repeal

is expressed as an amendment or repeal of a provision, the reference

shall be deemed to be made to the Mutual Educational and Cultural

Exchange Act of 1961 (22 U.S.C. 2451 et seq.).

(b) IN GENERAL.—The Act (22 U.S.C. 2451 et seq.) is amended

by striking ‘‘Director of the International Communication Agency’’

each place it appears and inserting ‘‘Secretary of State’’.

(c) PROGRAM AUTHORITIES.—(1) Section 102(a) (22 U.S.C.

2452(a)) is amended by striking ‘‘President’’ each place it appears

and inserting ‘‘Secretary of State’’.

(2) Section 102(b) (22 U.S.C. 2452(b)) is amended by striking

‘‘President’’ and inserting ‘‘Secretary of State (except, in the case

of paragraphs (6) and (10), the President)’’.

(d) INTERNATIONAL AGREEMENTS.—Section 103 (22 U.S.C. 2453)

is amended by striking ‘‘President’’ each place it appears and inserting ‘‘Secretary of State’’.
H. R. 1561—15

(e) PERSONNEL BENEFITS.—Section 104(d) (22 U.S.C. 2454(d))

is amended by striking ‘‘President’’ each place it appears and inserting ‘‘Secretary of State’’.

(f) FOREIGN STUDENT COUNSELING.—Section 104(e)(3) (22

U.S.C. 2454(e)(3)) is amended by striking ‘‘President’’ and inserting

‘‘Secretary of State’’.

(g) PUBLICITY AND PROMOTION OVERSEAS.—Section 104(e)(4)

(22 U.S.C. 2454(e)(4)) is amended by striking ‘‘President’’ and inserting ‘‘Secretary of State’’.

(h) USE OF FUNDS.—Section 105(e) (22 U.S.C. 2455(e)) is

amended by striking ‘‘President’’ each place it appears and inserting

‘‘Secretary of State’’.

(i) REPEAL OF AUTHORITY FOR ABOLISHED ADVISORY COMMITTEE.—Section 106(c) of the Mutual Educational and Cultural

Exchange Act of 1961 (22 U.S.C. 2456(c)) is repealed.

(j) BUREAU OF EDUCATIONAL AND CULTURAL AFFAIRS.—

(1) IN GENERAL.—Section 112(a) (22 U.S.C. 2460(a)) is

amended by striking the first sentence and inserting the following: ‘‘In order to carry out the purposes of this Act, there

is established in the Department of State a Bureau for International Exchange Activities (in this section referred to as

the ‘Bureau’).’’.

(2) IMPLEMENTATION OF PROGRAMS.—Section 112(c) (22

U.S.C. 2460(c)) is amended by striking ‘‘President’’ each place

it appears and inserting ‘‘Secretary of State’’.

SEC. 325. INTERNATIONAL BROADCASTING ACTIVITIES.

(a) IN GENERAL.—(1) Except as otherwise provided in paragraph (2), title III of the Foreign Relations Authorization Act, Fiscal

Years 1994 and 1995 (Public Law 103–236) is amended—

(A) by striking ‘‘Director of the United States Information

Agency’’ or ‘‘Director’’ each place it appears and inserting

‘‘Under Secretary of State for Public Diplomacy’’; (B) by striking all references to ‘‘United States Information Agency’’ that were not stricken in subparagraph (A) and inserting ‘‘Department of State’’; (C) in section 305(a)(1), by inserting ‘‘(including activities

of the Voice of America previously carried out by the United

States Information Agency)’’ after ‘‘this title’’; (D) in section 305(b), by striking ‘‘Agency’s’’ each place

it appears and inserting ‘‘Department’s’’; and (E) by striking ‘‘Bureau’’ each place it appears and inserting

‘‘Office’’.

(2) Title III of such Act is amended—

(A) in section 304(c)—

(i) by striking ‘‘Director’s’’ and inserting ‘‘Under Secretary’s’’; and

(ii) in the fifth sentence, by striking ‘‘Director of the

United States Information Agency, the acting Director of

the agency’’ and inserting ‘‘Under Secretary of State for

Public Diplomacy, the acting Under Secretary’’;

(B) in sections 305(b) and 307(b)(1), by striking ‘‘Director

of the Bureau’’ each place it appears and inserting ‘‘Director

of the Office’’; and

(C) in section 310(d), by striking ‘‘Director on the date

of enactment of this Act, to the extent that the Director’’ and

inserting ‘‘Under Secretary on the effective date of title III
H. R. 1561—16

of the Foreign Affairs Agencies Consolidation Act of 1996, to

the extent that the Under Secretary’’.

(b) CONFORMING AMENDMENT TO TITLE 5.—Section 5315 of

title 5, United States Code, is amended by striking ‘‘Director of

the International Broadcasting Bureau, the United States Information Agency’’ and inserting ‘‘Director of the International Broadcasting Office, the Department of State’’.

SEC. 326. TELEVISION BROADCASTING TO CUBA.

(a) AUTHORITY.—Section 243(a) of the Television Broadcasting

to Cuba Act (as contained in part D of title II of Public Law

101–246) (22 U.S.C. 1465bb(a)) is amended by striking ‘‘United

States Information Agency (hereafter in this part referred to as

the ‘Agency’)’’ and inserting ‘‘Department of State (hereafter in

this title referred to as the ‘Department’)’’.

(b) TELEVISION MARTI SERVICE.—Section 244 of such Act (22

U.S.C. 1465cc) is amended—

(1) in subsection (a)—

(A) by amending the first sentence to read as follows:

‘‘The Secretary of State shall administer within the Voice

of America the Television Marti Service.’’; and

(B) in the third sentence, by striking ‘‘Director of the

United States Information Agency’’ and inserting ‘‘Secretary of State’’;

(2) in subsection (b)—

(A) in the subsection heading, by striking ‘‘USIA’’ and

inserting ‘‘Department of State’’;

(B) by striking ‘‘Agency facilities’’ and inserting

‘‘Department facilities’’; and

(C) by striking ‘‘United States Information Agency

Television Service’’ and inserting ‘‘Department of State

Television Service’’; and

(3) in subsection (c)—

(A) by striking ‘‘USIA AUTHORITY.—The Agency’’ and

inserting ‘‘SECRETARY OF STATE AUTHORITY.—The Secretary of State’’; and (B) by striking ‘‘Agency’’ the second place it appears

and inserting ‘‘Secretary of State’’. (c) ASSISTANCE FROM OTHER GOVERNMENT AGENCIES.—Section

246 of such Act (22 U.S.C. 1465dd) is amended—

(1) by striking ‘‘United States Information Agency’’ and

inserting ‘‘Department of State’’; and (2) by striking ‘‘the Agency’’ and inserting ‘‘the Department’’.

(d) AUTHORIZATION OF APPROPRIATIONS.—Section 247(a) of such

Act (22 U.S.C. 1465ee(a)) is repealed.

SEC. 327. RADIO BROADCASTING TO CUBA.

(a) FUNCTIONS OF THE DEPARTMENT OF STATE.—Section 3 of

the Radio Broadcasting to Cuba Act (22 U.S.C. 1465a) is amended—

(1) in the section heading, by striking ‘‘UNITED STATES

INFORMATION AGENCY’’ and inserting ‘‘DEPARTMENT OF STATE’’;

(2) in subsection (a), by striking ‘‘United States Information

Agency (hereafter in this Act referred to as the ‘Agency’)’’

and inserting ‘‘Department of State (hereafter in this Act

referred to as the ‘Department’)’’;

(3) by striking subsection (d); and
H. R. 1561—17

(4) in subsection (f), by striking ‘‘Director of the United

States Information Agency’’ and inserting ‘‘Secretary of State’’.

(b) CUBA SERVICE.—Section 4 of such Act (22 U.S.C. 1465b)

is amended—

(1) by amending the first sentence to read as follows: ‘‘The

Secretary of State shall administer within the Voice of America

the Cuba Service (hereafter in this section referred to as the

‘Service’).’’; and

(2) in the third sentence, by striking ‘‘Director of the United

States Information Agency’’ and inserting ‘‘Secretary of State’’.

(c) ASSISTANCE FROM OTHER GOVERNMENT AGENCIES.—Section

6 of such Act (22 U.S.C. 1465d) is amended—

(1) in subsection (a)—

(A) by striking ‘‘United States Information Agency’’

and inserting ‘‘Department of State’’; and

(B) by striking ‘‘the Agency’’ and inserting ‘‘the Department’’; and

(2) in subsection (b)—

(A) by striking ‘‘The Agency’’ and inserting ‘‘The

Department’’; and

(B) by striking ‘‘the Agency’’ and inserting ‘‘the Secretary of State’’.

(d) FACILITY COMPENSATION.—Section 7 of such Act (22 U.S.C.

1465e) is amended—

(1) in subsection (b), by striking ‘‘the Agency’’ and inserting

‘‘the Department’’; and

(2) in subsection (d), by striking ‘‘Agency’’ and inserting

‘‘Department’’.

(e) AUTHORIZATION OF APPROPRIATIONS.—Section 8 of such Act

(22 U.S.C. 1465f) is amended—

(1) by striking subsections (a) and (b) and inserting the

following:

‘‘(a) The amount obligated by the Department of State each

fiscal year to carry out this Act shall be sufficient to maintain

broadcasts to Cuba under this Act at rates no less than the fiscal

year 1985 level of obligations by the former United States Information Agency for such broadcasts.’’; and (2) by redesignating subsection (c) as subsection (b).

SEC. 328. NATIONAL ENDOWMENT FOR DEMOCRACY.

(a) GRANTS.—Section 503 of Public Law 98–164, as amended

(22 U.S.C. 4412) is amended—

(1) in subsection (a)—

(A) by striking ‘‘Director of the United States Information Agency’’ and inserting ‘‘Secretary of State’’;

(B) by striking ‘‘the Agency’’ and inserting ‘‘the Department of State’’; and

(C) by striking ‘‘the Director’’ and inserting ‘‘the Secretary of State’’; and

(2) in subsection (b), by striking ‘‘United States Information

Agency’’ and inserting ‘‘Department of State’’.

(b) AUDITS.—Section 504(g) of such Act (22 U.S.C. 4413(g))

is amended by striking ‘‘United States Information Agency’’ and

inserting ‘‘Department of State’’.

(c) FREEDOM OF INFORMATION.—Section 506 of such Act (22

U.S.C. 4415) is amended—

(1) in subsection (b)—
H. R. 1561—18

(A) by striking ‘‘Director’’ each of the three places it

appears and inserting ‘‘Secretary’’; and

(B) by striking ‘‘of the United States Information

Agency’’ and inserting ‘‘of State’’; and

(2) in subsection (c)—

(A) in the subsection heading by striking ‘‘USIA’’ and

inserting ‘‘DEPARTMENT OF STATE’’;

(B) by striking ‘‘Director’’ each of the three places it

appears and inserting ‘‘Secretary’’;

(C) by striking ‘‘of the United States Information

Agency’’ and inserting ‘‘of State’’; and

(D) by striking ‘‘United States Information Agency’’

and inserting ‘‘Department of State’’.

SEC. 329. UNITED STATES SCHOLARSHIP PROGRAM FOR DEVELOPING

COUNTRIES.

(a) PROGRAM AUTHORITY.—Section 603 of the Foreign Relations

Authorization Act, Fiscal Years 1986 and 1987 (22 U.S.C. 4703)

is amended by striking ‘‘United States Information Agency’’ and

inserting ‘‘Department of State’’.

(b) GUIDELINES.—Section 604(11) of such Act (22 U.S.C.

4704(11)) is amended by striking ‘‘United States Information

Agency’’ and inserting ‘‘Department of State’’.

(c) POLICY REGARDING OTHER INTERNATIONAL EDUCATIONAL

PROGRAMS.—Section 606(b) of such Act (22 U.S.C. 4706(b)) is

amended—

(1) in the subsection heading, by striking ‘‘USIA’’ and

inserting ‘‘STATE DEPARTMENT’’; and

(2) by striking ‘‘Director of the United States Information

Agency’’ and inserting ‘‘Secretary of State’’.

(d) GENERAL AUTHORITIES.—Section 609(e) of such Act (22

U.S.C. 4709(e)) is amended by striking ‘‘United States Information

Agency’’ and inserting ‘‘Department of State’’.

SEC. 330. FASCELL FELLOWSHIP BOARD.

Section 1003(b) of the Fascell Fellowship Act (22 U.S.C. 4902(b))

is amended—

(1) in the text above paragraph (1), by striking ‘‘9 members’’

and inserting ‘‘8 members’’; (2) by striking paragraph (3); and

(3) by redesignating paragraph (4) as paragraph (3).

SEC. 331. NATIONAL SECURITY EDUCATION BOARD.

Section 803 of the Intelligence Authorization Act, Fiscal Year 1992 (50 U.S.C. 1903(b)) is amended—

(1) in subsection (b)—

(A) by striking paragraph (6); and

(B) by redesignating paragraph (7) as paragraph (6);

and

(2) in subsection (c), by striking ‘‘subsection (b)(7)’’ and

inserting ‘‘subsection (b)(6)’’.

SEC. 332. CENTER FOR CULTURAL AND TECHNICAL INTERCHANGE

BETWEEN NORTH AND SOUTH.

Section 208 of the Foreign Relations Authorization Act, Fiscal

Years 1992 and 1993 (22 U.S.C. 2075) is amended by striking

‘‘Director of the United States Information Agency’’ each place it

appears and inserting ‘‘Secretary of State’’.
H. R. 1561—19

SEC. 333. CENTER FOR CULTURAL AND TECHNICAL INTERCHANGE

BETWEEN EAST AND WEST.

(a) DUTIES.—Section 703 of the Mutual Security Act of 1960 (22 U.S.C. 2055) is amended—

(1) in the text above paragraph (1), by striking ‘‘Director of the United States Information Agency’’ (hereinafter referred

to as the ‘Director’)’’ and inserting ‘‘Secretary of State (hereinafter referred to as the ‘Secretary’)’’; and (2) in paragraph (1), by striking ‘‘establishment and’’. (b) ADMINISTRATION.—Section 704 of such Act (22 U.S.C. 2056)

is amended—

(1) by striking ‘‘Director of the United States Information Agency’’ and inserting ‘‘Secretary of State’’; and (2) by striking ‘‘Director’’ each place it appears and inserting ‘‘Secretary’’.

SEC. 334. MISSION OF DEPARTMENT OF STATE.

Section 202 of the Foreign Relations Authorization Act, Fiscal Year 1979 (22 U.S.C. 1461–1) is amended—

(1) in the first sentence, by striking ‘‘mission of the United States Information Agency’’ and inserting ‘‘mission of the

Department of State in carrying out its information, educational, and cultural functions’’;

(2) in the second sentence, in the text above paragraph (1), by striking ‘‘United States Information Agency’’ and inserting ‘‘Department of State’’; (3) in paragraph (1)(B), by striking ‘‘Agency’’ and inserting ‘‘Department’’; and (4) in paragraph (5), by striking ‘‘mission of the Agency’’ and inserting ‘‘mission described in this section’’.

SEC. 335. CONSOLIDATION OF ADMINISTRATIVE SERVICES.

Section 23(a) of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2695(a)) is amended—

(1) by striking ‘‘(including’’ and all that follows through ‘‘Agency)’’; and (2) by striking ‘‘other such agencies’’ and inserting ‘‘other Federal agencies’’.

SEC. 336. GRANTS.

Section 212 of the Foreign Relations Authorization Act, Fiscal Years 1992 and 1993 (22 U.S.C. 1475h) is amended—

(1) in subsection (a), by striking ‘‘United States Information

Agency’’ and inserting ‘‘Department of State, in carrying out

its international information, educational, and cultural functions,’’;

(2) in subsection (b), by striking ‘‘United States Information

Agency’’ and inserting ‘‘Department of State’’; (3) in subsection (c)—

(A) in paragraph (1), by striking ‘‘United States

Information Agency shall substantially comply with United

States Information Agency’’ and inserting ‘‘Department of

State, in carrying out its international information, educational, and cultural functions, shall substantially comply

with Department of State’’; and

(B) in paragraph (2), by striking ‘‘United States

Information Agency’’ and inserting ‘‘Department of State’’;

and
H. R. 1561—20

(C) in paragraphs (2) and (3), by striking ‘‘Agency’’ each of the two places it appears and inserting ‘‘Department’’; and

(4) by striking subsection (d).

SEC. 337. BAN ON DOMESTIC ACTIVITIES.

Section 208 of the Foreign Relations Authorization Act, Fiscal Years 1986 and 1987 (22 U.S.C. 1461–1a) is amended—

(1) by striking out ‘‘United States Information Agency’’

each of the two places it appears and inserting ‘‘Department

of State’’; and

(2) by inserting ‘‘in carrying out international information,

educational, and cultural activities comparable to those previously administered by the United States Information Agency’’

before ‘‘shall be distributed’’.

SEC. 338. CONFORMING REPEAL TO ARMS CONTROL AND DISARMAMENT ACT.

Section 34(b) of the Arms Control and Disarmament Act (22

U.S.C. 2574(b)) is repealed.

SEC. 339. REPEAL RELATING TO PROCUREMENT OF LEGAL SERVICES.

Section 26(b) of the State Department Basic Authorities Act

of 1956 (22 U.S.C. 2698(b)) is repealed.

SEC. 340. REPEAL RELATING TO PAYMENT OF SUBSISTENCE

EXPENSES.

Section 32 of the State Department Basic Authorities Act of

1956 (22 U.S.C. 2704) is amended by striking the second sentence.

SEC. 341. CONFORMING AMENDMENT TO SEED ACT.

Section 2(c) of the Support for East European Democracy

(SEED) Act of 1989 (22 U.S.C. 5401(c)) is amended in paragraph

(17) by striking ‘‘United States Information Agency’’ and inserting

‘‘Department of State’’.

SEC. 342. INTERNATIONAL CULTURAL AND TRADE CENTER COMMISSION.

Section 7(c)(1) of the Federal Triangle Development Act (40

U.S.C. 1106(c)(1)) is amended—

(1) in the text above subparagraph (A), by striking ‘‘15

members’’ and inserting ‘‘14 members’’;

(2) by striking subparagraph (F); and

(3) by redesignating subparagraphs (G) through (J) as subparagraphs (F) through (I), respectively.

SEC. 343. OTHER LAWS REFERENCED IN REORGANIZATION PLAN NO.

2 OF 1977.

(a) IMMIGRATION AND NATIONALITY ACT.—(1) Section

101(a)(15)(J) of the Immigration and Nationality Act (8 U.S.C.

1101(a)(15)(J)) is amended by striking ‘‘Director of the United States

Information Agency’’ and inserting ‘‘Secretary of State’’.

(2) Section 212(e) of such Act (8 U.S.C. 1182(e)) is amended—

(A) by striking ‘‘Director of the United States Information

Agency’’ and inserting ‘‘Secretary of State’’; and

(B) by striking ‘‘Director’’ each place it appears and inserting ‘‘Secretary’’.

(b) ARTS AND ARTIFACTS INDEMNITY ACT.—Section 3(a) of the

Arts and Artifacts Indemnity Act (20 U.S.C. 972(a)) is amended
H. R. 1561—21

by striking out ‘‘Director of the United States Information Agency’’

and inserting in lieu thereof ‘‘Secretary of State’’.

(c) NATIONAL FOUNDATION ON THE ARTS AND THE HUMANITIES

ACT OF 1965.—Section 9(b) of the National Foundation on the

Arts and the Humanities Act of 1965 (20 U.S.C. 958(b)) is amended

by striking out ‘‘a member designated by the Director of the United

States Information Agency,’’ and inserting in lieu thereof ‘‘a member

designated by the Secretary of State,’’.

(d) WOODROW WILSON MEMORIAL ACT OF 1968.—Section 3(b)

of the Woodrow Wilson Memorial Act of 1968 (20 U.S.C. 80f(b))

is amended—

(1) in the matter preceding paragraph (1), by striking out

‘‘19 members’’ and inserting in lieu thereof ‘‘18 members’’;

(2) by striking out paragraph (7); and

(3) by redesignating paragraphs (8), (9), and (10) as paragraphs (7), (8), and (9), respectively.

(e) PUBLIC LAW 95–86.—Title V of the Departments of State,

Justice, and Commerce, the Judiciary, and Related Agencies Appropriations Act, 1978 (Public Law 95–86) is amended in the third

proviso of the paragraph ‘‘SALARIES AND EXPENSES’’ under the heading ‘‘UNITED STATES INFORMATION AGENCY’’ (22 U.S.C. 1461b) by

striking out ‘‘the United States Information Agency is authorized,’’

and inserting in lieu thereof ‘‘the Secretary of State may,’’.

(f) ACT OF JULY 9, 1949.—The Act of July 9, 1949 (63 Stat.

408; chapter 301; 22 U.S.C. 2681 et seq.) is repealed.

SEC. 344. EXCHANGE PROGRAM WITH COUNTRIES IN TRANSITION

FROM TOTALITARIANISM TO DEMOCRACY.

Section 602 of the National and Community Service Act of 1990 (22 U.S.C. 2452a) is amended—

(1) in the second sentence of subsection (a), by striking

‘‘United States Information Agency’’ and inserting ‘‘Department

of State’’; and

(2) in subsection (b)—

(A) by striking ‘‘appropriations account of the United

States Information Agency’’ and inserting ‘‘appropriate

appropriations account of the Department of State’’; and

(B) by striking ‘‘and the United States Information

Agency’’.

SEC. 345. EDMUND S. MUSKIE FELLOWSHIP PROGRAM.

Section 227 of the Foreign Relations Authorization Act, Fiscal Years 1992 and 1993 (22 U.S.C. 2452 note) is amended—

(1) in subsection (b), by striking ‘‘United States Information

Agency’’ and inserting ‘‘Department of State’’; and

(2) by striking subsection (d).

SEC. 346. IMPLEMENTATION OF CONVENTION ON CULTURAL PROPERTY.

Title III of the Convention on Cultural Property Implementation

Act (19 U.S.C. 2601 et seq.) is amended by striking ‘‘Director

of the United States Information Agency’’ each place it appears

and inserting ‘‘Secretary of State’’.

SEC. 347. MIKE MANSFIELD FELLOWSHIPS.

Part C of title II of the Foreign Relations Authorization Act,

Fiscal Years 1994 and 1995 (22 U.S.C. 6101 et seq.) is amended—
H. R. 1561—22

(1) by striking ‘‘Director of the United States Information

Agency’’ each place it appears and inserting ‘‘Secretary of

State’’; and

(2) by striking ‘‘United States Information Agency’’ each

place it appears and inserting ‘‘Department of State’’.

SEC. 348. UNITED STATES ADVISORY COMMITTEE FOR PUBLIC DIPLOMACY.

Section 604 of the United States Information and Educational

Exchange Act of 1948 (22 U.S.C. 1469) is amended—

(1) in subsection (c)(1)—

(A) by striking ‘‘the Director of the United States

Information Agency,’’; and

(B) by striking ‘‘Director or the Agency, and shall

appraise the effectiveness of policies and programs of the

Agency’’ and inserting ‘‘Secretary of State or the Department of State, and shall appraise the effectiveness of the

information, educational, and cultural policies and programs of the Department’’;

(2) in subsection (c)(2), in the first sentence—

(A) by striking ‘‘the Secretary of State, and the Director

of the United States Information Agency’’ and inserting

‘‘, and the Secretary of State’’;

(B) by striking ‘‘Agency’’ the first place it appears and

inserting ‘‘Department of State’’; and

(C) by striking ‘‘Director for effectuating the purposes

of the Agency’’ and inserting ‘‘Secretary for effectuating

the information, educational, and cultural functions of the

Department’’;

(3) in subsection (c)(3), by striking ‘‘programs conducted

by the Agency’’ and inserting ‘‘information, educational, and

cultural programs conducted by the Department of State’’; and

(4) in subsection (c)(4), by striking ‘‘Director of the United

States Information Agency’’ and inserting ‘‘Secretary of State’’.

TITLE IV—AGENCY FOR

INTERNATIONAL DEVELOPMENT

CHAPTER 1—GENERAL PROVISIONS

SEC. 401. EFFECTIVE DATE.

(a) IN GENERAL.—Except as provided in subsection (b), this

title, and the amendments made by this title, shall take effect

on the earlier of—

(1) March 1, 1997; or

(2) the date of abolition of the Agency for International

Development and the United States International Development

Cooperation Agency pursuant to the reorganization plan

described in section 601.

(b) EXCEPTION.—This title shall not take effect if the President

waives the applicability of this title pursuant to section 602.
H. R. 1561—23

CHAPTER 2—ABOLITION OF AGENCY FOR INTERNATIONAL DEVELOPMENT AND TRANSFER OF FUNCTIONS

SEC. 411. ABOLITION OF AGENCY FOR INTERNATIONAL DEVELOPMENT

AND UNITED STATES INTERNATIONAL DEVELOPMENT

COOPERATION AGENCY.

(a) IN GENERAL.—The Agency for International Development and the United States International Development Cooperation

Agency are abolished. (b) OPIC.—Subsection (a) shall not be interpreted to apply to the Overseas Private Investment Corporation.

SEC. 412. TRANSFER OF FUNCTIONS.

There are transferred to the Secretary of State all functions of the Administrator of the Agency for International Development

and the Director of the United States International Development

Cooperation Agency and all functions of the Agency for International

Development and the United States International Development

Cooperation Agency (other than the functions with respect to the

Overseas Private Investment Corporation) and any office or component of such agencies under any statute, reorganization plan, Executive order, or other provision of law before the effective date of

this title, except as otherwise provided in this division.

SEC. 413. UNDER SECRETARY OF STATE FOR DEVELOPMENT AND FOR

ECONOMIC AND COMMERCIAL AFFAIRS.

Section 1(b) of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2651a(b)) is amended by adding after paragraph

(2), as added by section 313 of this Act, the following new paragraph: ‘‘(3) UNDER SECRETARY FOR DEVELOPMENT AND FOR ECO- NOMIC AND COMMERCIAL AFFAIRS.—There shall be in the

Department of State, among the Under Secretaries authorized

by paragraph (1), an Under Secretary for Development and

for Economic and Commercial Affairs who shall assist the Secretary and the Deputy Secretary in the formation and

implementation of United States policies and activities concerning international development and economic and commercial

affairs.’’.

SEC. 414. ABOLITION OF OFFICE OF INSPECTOR GENERAL OF AGENCY

FOR INTERNATIONAL DEVELOPMENT AND TRANSFER OF

FUNCTIONS.

(a) ABOLITION OF OFFICE.—The Office of Inspector General

of the Agency for International Development is abolished. (b) AMENDMENTS TO THE INSPECTOR GENERAL ACT OF 1978.—

The Inspector General Act of 1978 (5 U.S.C. App.) is amended

as follows:

(1) Section 8A is repealed.

(2) Section 11(1) is amended by striking ‘‘the Administrator

of the Agency for International Development,’’. (3) Section 11(2) is amended by striking ‘‘the Agency for

International Development,’’.

(c) EXECUTIVE SCHEDULE.—Section 5315 of title 5, United

States Code, is amended by striking the following: ‘‘Inspector General, Agency for International Development.’’.

(d) CONFORMING AMENDMENTS.—(1) Section 239(e) of the Foreign Assistance Act of 1961 (22 U.S.C. 2199(e)) is amended by
H. R. 1561—24

striking ‘‘Inspector General of the Agency for International Development’’ and inserting ‘‘Inspector General of the Department of State’’.

(2) Sections 805, 806, and 812 of the Foreign Service Act

of 1980 (22 U.S.C. 4045, 4046, 4052) are amended by striking

‘‘Office of the Inspector General, Agency for International Development’’ each place it appears and inserting ‘‘Office of the Inspector

General, Department of State’’.

(3) Section 205(b)(3) of the Agricultural Trade Development

and Assistance Act of 1954 (7 U.S.C. 1725(b)(3)) is amended by

striking ‘‘Inspector General of the Agency for International Development’’ and inserting ‘‘Inspector General of the Department of State’’.

(e) TRANSFER OF FUNCTIONS.—

(1) TRANSFER TO INSPECTOR GENERAL OF DEPARTMENT OF

STATE.—Except as provided in paragraph (2), there are transferred to the Office of Inspector General of the Department

of State the functions that the Office of Inspector General

of the Agency for International Development exercised before

the effective date of this title (including all related functions

of the Inspector General of the Agency for International Development).

(2) TRANSFER TO SECRETARY OF STATE.—There are transferred to the Secretary of State all security functions exercised

by the Office of Inspector General of the Agency for International Development exercised before the effective date of

this title (including all related functions of the Inspector General of the Agency for International Development).

(f) TRANSFER AND ALLOCATIONS OF APPROPRIATIONS AND

PERSONNEL.—The Secretary and the Inspector General of the

Department of State, are authorized to make such incidental dispositions of personnel, assets, liabilities, grants, contracts, property,

records, and unexpended balances of appropriations, authorizations,

allocations, and other funds held, used, arising from, available

to, or to be made available in connection with such functions,

as may be necessary to carry out the provisions of this section.

SEC. 415. ABOLITION OF OFFICE OF CHIEF FINANCIAL OFFICER OF

AGENCY FOR INTERNATIONAL DEVELOPMENT AND

TRANSFER OF FUNCTIONS.

(a) ABOLITION OF OFFICE.—The Office of Chief Financial Officer

of the Agency for International Development is abolished.

(b) AMENDMENT TO TITLE 31, UNITED STATES CODE.—Section

901(b)(2) of title 31, United States Code, is amended by striking

subparagraph (A).

(c) TRANSFER OF FUNCTIONS.—There are transferred to the

Office of Chief Financial Officer of the Department of State the

functions that the Office of Chief Financial Officer of the Agency

for International Development exercised before the effective date

of this title (including all related functions of the Chief Financial

Officer of the Agency for International Development).

(d) TRANSFER AND ALLOCATIONS OF APPROPRIATIONS AND

PERSONNEL.—The Director of the Office of Management and Budget,

in consultation with the Secretary of State, is authorized to make

such incidental dispositions of personnel, assets, liabilities, grants,

contracts, property, records, and unexpended balances of appropriations, authorizations, allocations, and other funds held, used, arising

from, available to, or to be made available in connection with
H. R. 1561—25

such functions, as may be necessary to carry out the provisions

of this section.

CHAPTER 3—CONFORMING AMENDMENTS

SEC. 421. REFERENCES.

Any reference in any statute, reorganization plan, Executive

order, regulation, agreement, determination, or other official document or proceeding to—

(1) the administrator of the agency primarily responsible

for administering part I of the Foreign Assistance Act of 1961,

the Administrator of the Agency for International Development,

or any other officer or employee of the Agency for International

Development, shall be deemed to refer to the Secretary of

State;

(2) the Director or any other officer or employee of the

United States International Development Cooperation Agency

(IDCA) shall be deemed to refer to the Secretary of State;

or

(3) the Agency for International Development, AID, the

agency primarily responsible for administering part I of the

Foreign Assistance Act of 1961, or the United States International Development Cooperation Agency (IDCA) shall be

deemed to refer to the Department of State.

SEC. 422. EXERCISE OF FUNCTIONS BY SECRETARY OF STATE.

Section 621(a) of the Foreign Assistance Act of 1961 (22 U.S.C. 2381(a)) is amended—

(1) in the first sentence, by inserting before the period

the following: ‘‘, except that functions conferred upon the President in part I of this Act may be exercised by the Secretary

of State’’; and

(2) in the second and third sentences, by striking ‘‘head

of any such agency’’ each place it appears and inserting ‘‘Secretary of State and any other head of any such agency’’.

SEC. 423. REPEAL OF POSITIONS; EMPLOYMENT AND CONTRACTING

AUTHORITIES.

The following sections of the Foreign Assistance Act of 1961

are repealed:

(1) Section 624 (a), (b), (c), and (e) (22 U.S.C. 2384 (a),

(b), (c), and (e); relating to statutory officers).

(2) Section 626 (a) and (b) (22 U.S.C. 2386 (a) and (b);

relating to experts and consultants).

SEC. 424. DEVELOPMENT LOAN COMMITTEE.

Section 122(e) of the Foreign Assistance Act of 1961 (22 U.S.C.

2151t(e)) is amended by inserting after the first sentence the following new sentence: ‘‘The Secretary of State shall serve as Chairman

of the Committee.’’.

SEC. 425. DEVELOPMENT COORDINATION COMMITTEE.

(a) ANNUAL REPORT.—Section 634(a) of the Foreign Assistance

Act of 1961 (22 U.S.C. 2394(a)) is amended in the text above

paragraph (1)(A) by striking ‘‘Chairman of the Development

Coordination Committee’’ and inserting ‘‘Secretary of State’’.

(b) COORDINATION.—Section 640B(a) of such Act (22 U.S.C.

2399(a)) is amended by striking ‘‘head of the agency primarily
H. R. 1561—26

responsible for administering part I, Chairman, and representatives

of the Departments of State,’’ and inserting ‘‘Secretary of State,’’.

SEC. 426. PUBLIC LAW 83–480 PROGRAM.

The Agricultural Trade Development and Assistance Act of

1954 (Public Law 83–480; 7 U.S.C. 1691 et seq.) is amended—

(1) by striking ‘‘Administrator’’ each place it appears and

inserting ‘‘Secretary of State’’; and

(2) in section 402 (7 U.S.C. 1732)—

(A) by striking paragraph (1); and

(B) by redesignating paragraphs (2) through (8) as

paragraphs (1) through (7), respectively.

SEC. 427. CONFORMING AMENDMENTS TO TITLE 5, UNITED STATES

CODE.

(a) ADMINISTRATOR.—Section 5313 of title 5, United States

Code, is amended by striking ‘‘Administrator, Agency for International Development.’’.

(b) DEPUTY ADMINISTRATOR.—Section 5314 of title 5, United

States Code, is amended by striking ‘‘Deputy Administrator, Agency

for International Development.’’.

(c) ASSISTANT ADMINISTRATORS.—Section 5315 of title 5, United

States Code, is amended by striking ‘‘Assistant Administrators,

Agency for International Development (6).’’.

(d) REGIONAL ASSISTANT ADMINISTRATORS.—Section 5315 of

title 5, United States Code, is amended by striking ‘‘Regional Assistant Administrators, Agency for International Development (4).’’.

(e) GENERAL COUNSEL.—Section 5316 of title 5, United States

Code, is amended by striking ‘‘General Counsel of the Agency for

International Development.’’.

SEC. 428. TRADE PROMOTION COORDINATING COMMITTEE.

Section 2312 of the Export Enhancement Act of 1988 (15 U.S.C.

4727) is amended—

(1) in subsection (d)(1)—

(A) by striking subparagraph (I); and

(B) by redesignating subparagraphs (J) through (M) as subparagraphs (I) through (L), respectively; and

(2) in subsection (f)—

(A) by inserting ‘‘the Committee on Foreign Relations

and’’ after ‘‘submit to’’; and

(B) by striking ‘‘Foreign Affairs’’ and inserting ‘‘International Relations’’.

SEC. 429. ADDITIONAL CONFORMING AMENDMENTS.

(a) FAA AUTHORITIES.—The Foreign Assistance Act of 1961

is amended—

(1) in section 118 (22 U.S.C. 2151p–1)—

(A) by striking ‘‘Agency for International Development’’

each place it appears and inserting ‘‘Department of State’’;

and

(B) by striking ‘‘Agency’’ each place it appears and

inserting ‘‘Department’’;

(2) in section 119 (22 U.S.C. 2151q)—

(A) by striking ‘‘Agency for International Development’’

each place it appears and inserting ‘‘Department of State’’;

(B) by striking ‘‘Agency’’ each place it appears and

inserting ‘‘Department’’; and
H. R. 1561—27

(C) in subsection (g)—

(i) by striking ‘‘ACTIONS BY AID’’ and inserting

‘‘ACTIONS BY THE DEPARTMENT OF STATE’’; and

(ii) by striking ‘‘Agency’s’’ and inserting ‘‘Department’s’’;

(3) in section 123(b) (22 U.S.C. 2151u), by striking ‘‘Agency

for International Development’’ and inserting ‘‘Department of

State’’;

(4) in section 225 (22 U.S.C. 2185)—

(A) by striking ‘‘Administrator’’ each place it appears

(other than in subsection (m)(2)) and inserting ‘‘Secretary’’;

and

(B) in subsection (m)—

(i) by striking ‘‘Agency for International Development’’ and inserting ‘‘Department of State’’; and

(ii) by striking ‘‘ ‘Administrator’ means the

Administrator of the Agency for International Development’’ and inserting ‘‘ ‘Secretary’ means the Secretary

of State’’;

(5) in section 233(b), by striking ‘‘Administrator of the

Agency for International Development’’ and inserting ‘‘Secretary

of State’’;

(6) in section 239 (22 U.S.C. 2199) in subsection (h), by

striking ‘‘Agency for International Development’’ and inserting

‘‘Department of State’’;

(7) in section 296 (22 U.S.C. 2220a), by striking subsection

(e);

(8) in sections 462 through 466 (22 U.S.C. 2282–2286),

by striking ‘‘Administrator of the Agency for International

Development’’ each place it appears and inserting ‘‘Secretary

of State’’;

(9) in section 495K(b)(3), by striking ‘‘ ‘Operating Expenses

of the Agency for International Development’ account’’ and

inserting ‘‘appropriate administrative account of the Department of State’’;

(10) in section 496, by striking ‘‘Agency for International

Development’’ each place it appears and inserting ‘‘Department

of State’’;

(11) in section 498C(b)(1), by striking ‘‘ ‘Operating Expenses

of the Agency for International Development’ ’’ and inserting

‘‘the appropriate administrative account of the Department of

State’’;

(12) in section 601—

(A) except as provided in subparagraph (B), by striking

‘‘Administrator’’ each place it appears and inserting ‘‘Secretary of State’’;

(B) in subsection (c)(1), by striking ‘‘Administrator of

the Agency for International Development’’ and inserting

‘‘Secretary of State’’; and

(C) by striking ‘‘Agency for International Development’’

and inserting ‘‘Secretary of State’’;

(13) in section 607(a), by striking ‘‘Agency for International

Development’’ and inserting ‘‘Department of State’’;

(14) in section 634(a)(2)(F), by striking ‘‘Agency for International Development’’ and inserting ‘‘Department of State’’;

and
H. R. 1561—28

(15) in section 635(c), by striking ‘‘Agency for International

Development’’ and inserting ‘‘Department of State’’.

(b) ADDITIONAL FAA REFERENCES.—(1) Except as provided in

paragraphs (2) and (3), the Foreign Assistance Act of 1961 is

amended by striking ‘‘agency primarily responsible for administering this part’’, ‘‘agency primarily responsible for administering part

I’’, ‘‘agency primarily responsible for administering part I of this

Act’’ each place such phrase appears and inserting ‘‘Department

of State’’.

(2) The Foreign Assistance Act of 1961 is amended by striking

‘‘administrator of the agency primarily responsible for administering

part I of this Act’’, ‘‘Administrator of the agency primarily responsible for administering this part’’, and the ‘‘Administrator of the

agency primarily responsible for administering part I of this Act’’

each place it appears and inserting ‘‘Secretary of State’’.

(3) The Foreign Assistance Act of 1961 is amended—

(A) in section 101(b), by striking ‘‘Under the policy guidance

of the Secretary of State, the agency primarily responsible

for administering this part’’ and inserting ‘‘The Department

of State’’;

(B) in section 116(b), by striking ‘‘Administrator primarily

responsible for administering part I of this Act’’ and inserting

‘‘Secretary of State’’;

(C) in section 224(a), by striking ‘‘Agency’’ each place it

appears and inserting ‘‘Department’’;

(D) in section 464(d), as added by section 701 of Public

Law 99–83, is amended by striking ‘‘, under the supervision

and direction of the Secretary of State,’’;

(E) in section 604(f), by striking ‘‘agency primarily responsible for administering such part I’’ and inserting ‘‘Department

of State’’;

(F) in section 611(e), by striking ‘‘head of the agency primarily responsible for administering part I of the Act’’ and

inserting ‘‘Secretary of State’’; and

(G) in paragraphs (5) and (6) of section 636(a), by striking

‘‘head of the agency primarily responsible for administering

part I’’ each place it appears and inserting ‘‘Secretary of State’’.

(c) SEED ACT.—(1) Section 201(e) of the Support for East

European Democracy (SEED) Act of 1989 (22 U.S.C. 5421(e)) is

amended by striking ‘‘Agency for International Development’’ and

inserting ‘‘Department of State’’.

(2) Section 203 of such Act (22 U.S.C. 5423) is amended by

striking ‘‘Agency for International Development’’ each place it

appears and inserting ‘‘Department of State’’.

(3)(A) Section 402(a) of such Act (22 U.S.C. 5442(a)) is amended

by striking ‘‘Administrator of the Agency for International Development’’ and inserting ‘‘Secretary of State’’.

(B) Except as provided in subparagraph (A), section 402 is

further amended by striking ‘‘Administrator’’ each place it appears

and inserting ‘‘Secretary’’.

(4) Section 803 of such Act (22 U.S.C. 5493) is amended—

(A) by striking ‘‘Agency for International Development’’

each place it appears and inserting ‘‘Department of State’’;

and

(B) by striking ‘‘to the Agency’’ and inserting ‘‘to the Department’’.
H. R. 1561—29

(d) COOPERATION THREAT REDUCTION WITH STATES OF FORMER

SOVIET UNION.—Section 1204(h) of the Cooperation Threat Reduction Act of 1993 (22 U.S.C. 5953(h)) is amended by striking ‘‘and

the Administrator of the Agency for International Development’’.

(e) PEACE CORPS NATIONAL ADVISORY COUNCIL.—Section

12(c)(3) of Peace Corps Act (22 U.S.C. 2511(c)(3)) is amended in

subsection (c)(3) by striking ‘‘and the Administrator of the Agency

for International Development, or their designees,’’ and inserting

‘‘or his designee’’.

(f) DEMOCRACY CORPS.—Section 401 of the FREEDOM Support

Act (22 U.S.C. 5841) is amended—

(1) by striking ‘‘Administrator’’ each place it appears and

inserting ‘‘Secretary’’;

(2) in subsection (h)(3)—

(A) by striking ‘‘AID REVIEW’’ and inserting ‘‘STATE

DEPARTMENT REVIEW’’; and

(B) by striking ‘‘Agency for International Development’’

and inserting ‘‘Department of State’’; and

(3) by striking subsection (l)(1).

(g) ENVIRONMENTAL PERFORMANCE OF MULTILATERAL DEVELOPMENT BANKS.—(1) Section 1302 of the International Financial

Institutions Act (22 U.S.C. 262m–1) is amended by striking ‘‘,

in cooperation with the Administrator of the Agency for International Development,’’.

(2) Section 1303 of such Act (22 U.S.C. 262m–2) is amended—

(A) in subsection (a)(1), by striking ‘‘missions of the Agency

for International Development’’ and inserting ‘‘economic assistance missions of the Department of State’’; and

(B) by striking ‘‘Administrator of the Agency for International Development, in consultation with the Secretary of

the Treasury and the Secretary of State,’’ each place it appears

and inserting ‘‘Secretary of State, in consultation with the

Secretary of the Treasury,’’.

(h) COOPERATIVE INFORMATION EXCHANGE SYSTEM.—Section

1304 of the International Financial Institutions Act (22 U.S.C.

262m–3) is amended by striking ‘‘and the Administrator of the

Agency for International Development’’. (i) ENVIRONMENTAL IMPACT OF PROPOSED MULTILATERAL

DEVELOPMENT BANK ACTIONS.—Section 1307(e) of the International

Financial Institutions Act (22 U.S.C. 262m–7(e)) is amended by

striking ‘‘the Administrator of the Agency for International Development,’’.

(j) ANNUAL REPORT BY CHAIRMAN OF NATIONAL ADVISORY COUN- CIL ON INTERNATIONAL MONETARY AND FINANCIAL POLICIES.—Section 1701(b)(10) of the International Financial Institutions Act (22

U.S.C. 262r(b)(10)) is amended by striking ‘‘and the Administrator

of the Agency for International Development’’.

(k) COMBINED REPORT.—Section 1703 of the International

Financial Institutions Act (22 U.S.C. 262r–2) is amended by striking

‘‘Administrator of the Agency for International Development, in

consultation with the Secretary of the Treasury and the Secretary

of State’’ and inserting ‘‘Secretary of State, in consultation with

the Secretary of the Treasury,’’.

(l) PROPERTY MANAGEMENT FUND.—Section 585 of Public Law

101–513 (22 U.S.C. 2369a) is amended—

(1) by striking ‘‘Agency for International Development’’ each

place it appears and inserting ‘‘Department of State’’; and
H. R. 1561—30

(2) by striking ‘‘Administrator of the Agency for International Development’’ and inserting ‘‘Secretary of State’’.

(m) CAPITAL PROJECTS.—(1) Section 302 of the Aid, Trade,

and Competitiveness Act of 1992 (22 U.S.C. 2421a) is amended—

(A) by striking ‘‘Administrator of AID’’ each place it appears

and inserting ‘‘Secretary of State’’; and

(B) in all references not covered by subparagraph (A), by

striking ‘‘AID’’ and inserting ‘‘Department of State’’.

(2) Section 303 of such Act (22 U.S.C. 2421b) is amended—

(A) by striking ‘‘Administrator of AID’’ each place it appears

and inserting ‘‘Secretary of State’’; and

(B) by striking ‘‘AID’’ each place it appears (except as

provided in subparagraph (A)) and inserting ‘‘Department of

State’’.

(3) Section 308(1) of such Act is repealed.

(n) FOREIGN CONTRACTS.—Section 121 of the Foreign Relations

Authorization Act, Fiscal Year 1977 (22 U.S.C. 2661a) is amended

by striking ‘‘(including the Agency for International Development)’’.

(o) ADMINISTRATIVE SERVICES.—Section 23 of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2695) is amended

by striking ‘‘the Agency for International Development,’’.

(p) ENERGY DEVELOPMENT PROGRAMS.—Section 502(c) of the

Nuclear Non-Proliferation Act of 1978 (22 U.S.C. 3262(c)) is

amended by striking ‘‘Agency for International Development and’’.

(q) AGRICULTURAL COMMODITIES.—Section 416(b)(8)(C)(i) of the

Agricultural Act of 1949 (7 U.S.C. 1431(b)(8)(C)(i)) is amended

by striking ‘‘Agency for International Development office’’ and

inserting ‘‘Department of State’’. (r) LOCAL CURRENCY PROCEEDS.—Section 305(c) of the Agricul- tural Trade Development and Assistance Act of 1954 (7 U.S.C.

1727d(c)) is amended—

(1) by striking ‘‘Administrator’’ and inserting ‘‘Secretary’’;

and

(2) by striking ‘‘Agency for International Development’’ and

inserting ‘‘Department of State’’.

(s) SPECIAL ASSISTANT FOR AGRICULTURAL TRADE AND FOOD

ASSISTANCE.—Section 1113(c)(3) of the Food Security Act of 1985 (7 U.S.C. 1736–1(c)(3)) is amended by striking ‘‘Agency for International Development’’ and inserting ‘‘Department of State’’. (t) AVOIDANCE OF CONFLICT OF INTEREST.—Section 407(d)(3)

of the Agricultural Trade Development and Assistance Act of 1954

(7 U.S.C. 1736a(d)(3)) is amended by striking ‘‘Agency for International Development’’ and inserting ‘‘Department of State’’. (u) INTERNATIONAL AGRICULTURAL RESEARCH AND EXTEN- SION.—Section 1458 of the National Agricultural Extension and

Policy Act (7 U.S.C. 3291) is amended by striking ‘‘Agency for

International Development’’ each place it appears and inserting

‘‘Department of State’’.

(v) TIED AID CREDIT PROGRAM.—(1) Section 645(d) of the Trade

and Development Enhancement Act of 1983 (12 U.S.C. 635r(d))

is amended by striking ‘‘in cooperation with the Administrator

of the Agency for International Development’’.

(2) Section 647(2) of such Act (12 U.S.C. 635t(2)) is amended

by striking ‘‘Agency for International Development’’ and inserting

‘‘Department of State’’.

(w) RESEARCH AND DEVELOPMENT.—Section 9(e)(1) of the Small

Business Act (15 U.S.C. 638(e)(1)) is amended by striking ‘‘Agency
H. R. 1561—31

for International Development’’ and inserting ‘‘Department of State

(insofar as it carries out functions previously administered by the

Agency for International Development)’’.

(x) CENTRAL EUROPEAN SMALL BUSINESS DEVELOPMENT

COMMISSION.—Section 25(b)(1) of the Small Business Act (15 U.S.C.

652(b)(1)) is amended by striking ‘‘Agency for International Development’’ and inserting ‘‘Department of State (insofar as it carries

out functions previously administered by the Agency for International Development)’’.

(y) INTERAGENCY AQUACULTURE COORDINATING GROUP.—Section 6(a)(9) of the National Aquaculture Act of 1980 (42 U.S.C.

6601 note) is amended by striking ‘‘Administrator of the Agency

for International Development’’ and inserting ‘‘Secretary of State’’.

(z) FORESTRY AND RELATED NATURAL RESOURCE ASSISTANCE.—

Section 602(c) of the International Forestry Cooperation Act of

1990 (16 U.S.C. 4501(c)) is amended—

(1) by striking ‘‘Administrator of the Agency for International Development’’ and inserting ‘‘Secretary of State’’; and

(2) by striking ‘‘Agency for International Development’’ and

inserting ‘‘Department of State’’.

(aa) CARIBBEAN AND CENTRAL AMERICAN SCHOLARSHIP PROGRAM.—Section 231 of the Customs and Trade Act of 1990 (20

U.S.C. 226) is amended—

(1) in subsection (b), by striking ‘‘Administrator of the

Agency for International Development’’ and inserting ‘‘Secretary

of State’’; and

(2) in subsections (c) and (d), by striking ‘‘Administrator’’

each place it appears and inserting ‘‘Secretary of State’’.

(bb) USE OF RENEWABLE RESOURCES FOR ENERGY PRODUCTION.—Section 602(a)(7) of Public Law 96–259 (22 U.S.C. 262j(a)(7))

is amended by striking ‘‘Agency for International Development’’

and inserting ‘‘Department of State’’.

(cc) PUBLIC HEALTH ACTIVITIES.—(1) Section 2102 of the Act

of July 1, 1944, chapter 373, as amended, is amended by striking

‘‘Agency for International Development’’ each place it appears and

inserting ‘‘Department of State’’.

(2) Section 2315(b) of such Act is amended by striking ‘‘Administrator of the Agency for International Development’’ and inserting

‘‘Secretary of State’’.

(dd) ENERGY AUTHORITIES.—Section 256 of Public Law 94–

163, as amended (42 U.S.C. 6276), is amended in subsection (d)(1)(C)

by striking ‘‘Administrator of the Agency for International Development’’ and inserting ‘‘Secretary of State’’.

(ee) TRANSPORTATION EXPENSES.—Section 706 of the Foreign

Relations Authorization Act, Fiscal Year 1979 (49 U.S.C. 1518)

is amended by striking ‘‘Agency for International Development’’.

TITLE V—OFFICES OF INSPECTORS

GENERAL

SEC. 501. REPEAL RELATING TO INSPECTOR GENERAL FOR UNITED

STATES ARMS CONTROL AND DISARMAMENT AGENCY.

Section 50 of the Arms Control and Disarmament Act (22

U.S.C. 2593a), relating to the ACDA Inspector General, is repealed.
H. R. 1561—32

SEC. 502. ABOLITION OF OFFICE OF INSPECTOR GENERAL OF UNITED

STATES INFORMATION AGENCY AND TRANSFER OF

FUNCTIONS.

(a) ABOLITION OF OFFICE.—The Office of Inspector General

of the United States Information Agency is abolished. (b) AMENDMENTS TO INSPECTOR GENERAL ACT OF 1978.—Section

11 of the Inspector General Act of 1978 (5 U.S.C. App.) is amended—

(1) in paragraph (1), by striking ‘‘, the Office of Personnel

Management or the United States Information Agency’’ and

inserting ‘‘or the Office of Personnel Management’’; and (2) in paragraph (2), by striking ‘‘the United States

Information Agency,’’.

(c) EXECUTIVE SCHEDULE.—Section 5315 of title 5, United

States Code, is amended by striking the following:

‘‘Inspector General, United States Information Agency.’’. (d) AMENDMENTS TO PUBLIC LAW 103–236.—Subsections (i) and

(j) of section 308 of Public Law 103–236 are amended by striking

‘‘Inspector General of the United States Information Agency’’ each

place it appears and inserting ‘‘Inspector General for the Department of State’’.

(e) TRANSFER OF FUNCTIONS.—There are transferred to the

Office of the Inspector General of the Department of State the

functions that the Office of Inspector General of the United States

Information Agency exercised before the effective date of this title

(including all related functions of the Inspector General of the

United States Information Agency). (f) TRANSFER AND ALLOCATIONS OF APPROPRIATIONS AND

PERSONNEL.—The Director of the Office of Management and Budget,

in consultation with the Secretary of State, is authorized to make

such incidental dispositions of personnel, assets, liabilities, grants,

contracts, property, records, and unexpended balances of appropriations, authorizations, allocations, and other funds held, used, arising

from, available to, or to be made available in connection with

such functions, as may be necessary to carry out the provisions

of this section.

(g) EFFECTIVE DATE.—This section, and the amendments made

by this section, shall take effect on the earlier of—

(1) March 1, 1997; or

(2) the date of the abolition of the United States Information Agency pursuant to the reorganization plan described in

section 601.

TITLE VI—TRANSITION

CHAPTER 1—REORGANIZATION PLAN AND WAIVER

SEC. 601. REORGANIZATION PLAN.

(a) SUBMISSION OF PLAN.—Not later than October 1, 1996,

the President shall, in consultation with the Secretary and the

heads of the agencies covered under subsection (b), transmit to

the appropriate congressional committees a reorganization plan

providing for—

(1) the abolition of each such agency in accordance with

this division not later than March 1, 1997;

(2) the termination of functions of each such agency that

would be redundant if transferred to the Department, and
H. R. 1561—33

the separation from service of employees of each such agency

not otherwise provided for in the plan;

(3) the transfer to the Department of the functions and

personnel of each such agency consistent with the provisions

of this division; and

(4) the consolidation, reorganization, and streamlining of

the Department upon the transfer of such functions and personnel in order to carry out such functions.

(b) COVERED AGENCIES.—

(1) IN GENERAL.—Except as provided in paragraph (2), the

agencies covered under this subsection are the following:

(A) The United States Arms Control and Disarmament

Agency.

(B) The United States Information Agency.

(C) The Agency for International Development (including the United States International Development Cooperation Agency).

(2) EXCEPTION.—The President may exclude up to two of

the agencies set forth in paragraph (1) from consideration as

agencies covered under this subsection. The President shall

exclude such agency or agencies by submitting a waiver with

respect to such agencies in accordance with section 602.

(c) PLAN ELEMENTS.—The plan transmitted under subsection

(a) shall—

(1) identify the functions of each covered agency that will

be transferred to the Department under the plan;

(2) identify the personnel and positions of each such agency

(including civil service personnel, Foreign Service personnel,

and detailees) that will be transferred to the Department, separated from service with such agency, or eliminated under the

plan, and set forth a schedule for such transfers, separations,

and terminations;

(3) identify the personnel and positions of the Department (including civil service personnel, Foreign Service personnel,

and detailees) that will be transferred within the Department,

separated from service with the Department, or eliminated

under the plan, and set forth a schedule for such transfers,

separations, and terminations;

(4) specify the consolidations and reorganization of functions of the Department that will be required under the plan

in order to permit the Department to carry out the functions

transferred to the Department under the plan;

(5) specify the funds available to each such agency that

will be transferred to the Department as a result of the transfer

of functions of such agency to the Department;

(6) specify the proposed allocations within the Department

of unexpended funds transferred in connection with the transfer

of functions under the plan; and

(7) specify the proposed disposition of the property, facilities, contracts, records, and other assets and liabilities of each

such agency in connection with the transfer of the functions

of the agency to the Department.

(d) MODIFICATION OF PLAN.—The President may, on the basis

of consultations with the appropriate congressional committees,

modify or revise the plan transmitted under subsection (a).

(e) EFFECTIVE DATE.—(1) The reorganization plan described

in this section, including any modifications or revisions of the
H. R. 1561—34

plan under subsection (d), shall become effective on the earlier

of March 1, 1997, or such date as the President shall determine

to be appropriate and announce by notice published in the Federal

Register, which date may be not earlier than 60 calendar days

(excluding any day on which either House of Congress is not in

session because of an adjournment sine die or because of an adjournment of more than 3 days to a day certain) after the President

has transmitted the reorganization plan to the appropriate congressional committees pursuant to subsection (a).

(2) Paragraph (1) shall apply notwithstanding section 905(b)

of title 5, United States Code.

SEC. 602. WAIVER.

(a) IN GENERAL.—(1) The President may waive the applicability

of title II, III, or IV of this division to the agency otherwise covered

by such title only if—

(A) the President includes in the reorganization plan

transmitted under section 601 the certification described in

subsection (b); and

(B) the certification is transmitted with the reorganization

plan not later than October 1, 1996.

(2) The President may exercise such waiver authority with

respect to not more than two such titles.

(b) CERTIFICATION.—In order to waive the applicability of a

title referred to in subsection (a), the President shall certify that—

(1) the reorganization plan submitted under section 601—

(A) will achieve savings of $1,700,000,000 in budget

authority during fiscal years 1996 through 1999 (not more

than 30 percent of which may be realized from reductions

in program levels); and (B) will conform to the authorizations of appropriations

during such fiscal years in division B; and

(2) the preservation of the agency that would otherwise

be abolished pursuant to the title is important to the national

interest of the United States.

(c) REORGANIZATION OF AGENCY COVERED BY WAIVER.— (1) IN GENERAL.—Notwithstanding the waiver of the

applicability of a title of this division, the President, in consultation with the Secretary and the head of the agency otherwise

abolished pursuant to the title—

(A) shall provide in the reorganization plan transmitted

under section 601 for the transfer to and consolidation

within the Department of the functions of the agency set

forth in paragraph (2); and (B) may provide in the reorganization plan for additional consolidation, reorganization, and streamlining of

the agency, including—

(i) the termination of functions and reductions in

personnel of the agency;

(ii) the transfer of functions of the agency (including personnel operations other than personnel management, financial operations, public affairs aimed primarily at domestic audiences, legislative affairs, and

legal affairs), and the personnel associated with such

functions, to the Department; and

(iii) the consolidation, reorganization, and streamlining of the Department upon the transfer of such
H. R. 1561—35

functions and personnel in order to carry out the functions transferred.

(2) FUNCTIONS TO BE TRANSFERRED.—The functions to be

transferred under paragraph (1) are the functions relating to

the following:

(A) Non-specialized procurement.

(B) Travel and transportation.

(C) Facilities management.

(D) Security operations.

CHAPTER 2—REORGANIZATION AUTHORITY

SEC. 611. REORGANIZATION AUTHORITY.

(a) IN GENERAL.—The Secretary is authorized, subject to the

requirements of this division, to allocate or reallocate any function

transferred to the Department under any title of this division

among the officers of the Department, and to establish, consolidate,

alter, or discontinue such organizational entities within the Department as may be necessary or appropriate to carry out any reorganization under this division, but the authority of the Secretary

under this section does not extend to—

(1) the abolition of organizational entities or officers established by this Act or any other Act; or (2) the alteration of the delegation of functions to any

specific organizational entity or officer required by this Act

or any other Act.

(b) REQUIREMENTS AND LIMITATIONS ON REORGANIZATION

PLAN.—The reorganization plan under section 601 may not have

the effect of—

(1) creating a new executive department;

(2) continuing a function beyond the period authorized

by law for its exercise or beyond the time when it would

have terminated if the reorganization had not been made;

(3) authorizing an agency to exercise a function which

is not authorized by law at the time the plan is transmitted

to Congress;

(4) creating a new agency which is not a component or

part of an existing executive department or independent agency;

or

(5) increasing the term of an office beyond that provided

by law for the office.

SEC. 612. TRANSFER AND ALLOCATION OF APPROPRIATIONS AND

PERSONNEL.

(a) IN GENERAL.—Except as otherwise provided in this Act,

the personnel employed in connection with, and the assets, liabilities, contracts, property, records, and unexpended balance of appropriations, authorizations, allocations, and other funds employed,

held, used, arising from, available to, or to be made available

in connection with the functions and offices, or portions thereof

transferred by any title of this division, subject to section 1531

of title 31, United States Code, shall be transferred to the Secretary

for appropriate allocation.

(b) LIMITATION ON USE OF TRANSFERRED FUNDS.—Unexpended

and unobligated funds transferred pursuant to any title of this

division shall be used only for the purposes for which the funds

were originally authorized and appropriated.
H. R. 1561—36

(c) AUTHORIZED STRENGTH OF THE FOREIGN SERVICE.—When

an agency is abolished under this division, the limitations for fiscal

years 1996 and 1997 under section 1351 of this Act on the members

of the Foreign Service authorized to be employed by such agency

shall be added to the limitations under such section which apply

to the Department.

SEC. 613. INCIDENTAL TRANSFERS.

The Director of the Office of Management and Budget, in consultation with the Secretary, is authorized to make such incidental

dispositions of personnel, assets, liabilities, grants, contracts, property, records, and unexpended balances of appropriations, authorizations, allocations, and other funds held, used, arising from, available

to, or to be made available in connection with such functions,

as may be necessary to carry out the provisions of any title of

this division. The Director of the Office of Management and Budget,

in consultation with the Secretary, shall provide for the termination

of the affairs of all entities terminated by this division and for

such further measures and dispositions as may be necessary to

effectuate the purposes of any title of this division.

SEC. 614. EFFECT ON PERSONNEL.

(a) EXECUTIVE SCHEDULE POSITIONS.—Except as otherwise provided in this division, any person who, on the day preceding the

date of the abolition of an agency the functions of which are transferred under any title of this division, held a position compensated

in accordance with the Executive Schedule prescribed in chapter

53 of title 5, United States Code, and who, without a break in

service, is appointed in the Department to a position having duties

comparable to the duties performed immediately preceding such

appointment shall continue to be compensated in such new position

at not less than the rate provided for such previous position, for

the duration of the service of such person in such new position.

(b) TREATMENT OF APPOINTED POSITIONS.—(1) Positions whose

incumbents are appointed by the President, by and with the advice

and consent of the Senate, the functions of which are transferred

by any title of this division, shall terminate on the effective date

of that title.

(2) An individual holding an office immediately prior to the

abolition or transfer of the office by a title of this division—

(A) who was appointed to the office by the President, by

and with the advice and consent of the Senate; and

(B) who performs duties substantially similar to the duties

of an office proposed to be created under the reorganization

plan submitted under section 601,

may, in the discretion of the Secretary, assume the duties of such

new office, and shall not be required to be reappointed by reason

of the abolition or transfer of the individual’s previous office.

(c) EXCEPTED SERVICE.—(1) Subject to paragraph (2), in the

case of employees occupying positions in the excepted service or

the Senior Executive Service, any appointment authority established pursuant to law or regulations of the Office of Personnel

Management for filling such positions shall be transferred.

(2) The Department may decline a transfer of authority under

paragraph (1) (and the employees appointed pursuant thereto) to

the extent that such authority relates to positions excepted from

the competitive service because of their confidential, policy-making,
H. R. 1561—37

policy-determining, or policy-advocating character, and noncareer

positions in the Senior Executive Service (within the meaning of

section 3132(a)(7) of title 5, United States Code).

(d) EMPLOYEE BENEFIT PROGRAMS.—(1) Any employee accepting

employment with the Department as a result of a transfer pursuant

to any title of this division may retain for 1 year after the date

such transfer occurs membership in any employee benefit program

of the former agency, including insurance, to which such employee

belongs on the date of the enactment of this Act if—

(A) the employee does not elect to give up the benefit

or membership in the program; and

(B) the benefit or program is continued by the Secretary.

(2) The difference in the costs between the benefits which

would have been provided by such agency or entity and those

provided by this section shall be paid by the Secretary. If any

employee elects to give up membership in a health insurance program or the health insurance program is not continued by the

Secretary, the employee shall be permitted to select an alternate

Federal health insurance program within 30 days of such election

or notice, without regard to any other regularly scheduled open

season.

(e) SENIOR EXECUTIVE SERVICE.—Any employee in the career

Senior Executive Service who is transferred pursuant to any title

of this division shall be placed in a position at the Department

which is comparable to the position the employee held in the agency.

(f) ASSIGNMENTS.—(1) Transferring employees shall be provided

reasonable notice of new positions and assignments prior to their

transfer pursuant to any title of this division. (2) Foreign Service personnel transferred to the Department

pursuant to any title of this division shall be eligible for any

assignment open to Foreign Service personnel within the Department for which such transferred personnel are qualified.

(g) TREATMENT OF PERSONNEL EMPLOYED IN TERMINATED FUNC- TIONS.—The provisions of this subsection shall apply with respect

to officers and employees in the competitive service, or employed

under an established merit system in the excepted service, whose

employment is terminated as a result of the abolition of the agency

or the reorganization and consolidation of functions of the Department under any title of this division: (1) Under such regulations as the Office of Personnel

Management may prescribe, the head of any agency in the

executive branch may appoint in the competitive service any

person who is certified by the head of the former agency as

having served satisfactorily in the competitive service in the

former agency and who passes such examination as the Office

of Personnel Management may prescribe. Any person so

appointed shall, upon completion of the prescribed probationary

period, acquire a competitive status.

(2) The head of any agency in the executive branch having

an established merit system in the excepted service may appoint

in such service any person who is certified by the head of

the former agency as having served satisfactorily in the former

agency and who passes such examination as the head of such

agency in the executive branch may prescribe.

(3) Any appointment under this subsection shall be made

within a period of one year after completion of the appointee’s

service.
H. R. 1561—38

(4) Any law, Executive order, or regulation which would

disqualify an applicant for appointment in the competitive service or in the excepted service concerned shall also disqualify

an applicant for appointment under this subsection.

(5) Any rights or benefits created by this subsection are

in addition to rights and benefits otherwise provided by law.

SEC. 615. TRANSITION FUND.

(a) ESTABLISHMENT.—There is hereby established on the books

of the Treasury an account to be known as the ‘‘Foreign Affairs

Reorganization Transition Fund’’.

(b) PURPOSE.—The purpose of the account is to provide funds

for the orderly transfer of functions and personnel to the Department as a result of the implementation of this division and for

payment of other costs associated with the consolidation of foreign

affairs agencies under this division.

(c) DEPOSITS.—

(1) IN GENERAL.—Subject to paragraphs (2) and (3), there

shall be deposited into the account the following:

(A) Funds appropriated to the account.

(B) Funds transferred to the account by the Secretary

from funds that are transferred to the Secretary by the

head of an agency under subsection (d).

(C) Funds transferred to the account by the Secretary

from funds that are transferred to the Department together

with the transfer of functions to the Department under

this division and that are not required by the Secretary

in order to carry out the functions. (D) Funds transferred to the account by the Secretary

from any unobligated funds that are appropriated or otherwise made available to the Department.

(2) LIMITATION ON TRANSFER OF CERTAIN DEPARTMENT

FUNDS.—The Secretary may transfer funds to the account under subparagraph (C) of paragraph (1) only if the Secretary determines that the amount of funds deposited in the account pursuant to subparagraphs (A) and (B) of that paragraph is inadequate to pay the costs of carrying out this division. (3) LIMITATION ON TRANSFER OF UNOBLIGATED FUNDS OF

DEPARTMENT.—The Secretary may transfer funds to the account under subparagraph (D) of paragraph (1) only if the Secretary

determines that the amount of funds deposited in the account

pursuant to subparagraphs (A), (B), and (C) of that paragraph

is inadequate to pay the costs of carrying out this division.

(d) TRANSFER OF FUNDS TO SECRETARY.—The head of an agency

abolished under this division shall transfer to the Secretary the

amount, if any, of the unobligated funds appropriated or otherwise

made available to the agency for functions of the agency that

are abolished under this division which funds are not required

to carry out the functions of the agency as a result of the abolishment of the functions under this division.

(e) USE OF FUNDS.—

(1) IN GENERAL.—Notwithstanding any other provision of

law and subject to paragraph (2), the Secretary shall use sums

in the account for payment of the costs of carrying out this

division, including costs relating to the consolidation of functions of the Department and the termination of employees

of the Department.
H. R. 1561—39

(2) LIMITATION ON USE OF FUNDS.—

(A) Except as provided in subparagraph (B), the Secretary may not use sums in the account for payment of

the costs described in paragraph (1) unless the appropriate

congressional committees are notified 15 days in advance

of such use in accordance with procedures applicable to

reprogramming notifications under section 34 of the State

Department Basic Authorities Act of 1956 (22 U.S.C. 2706).

(B) EXCEPTION.—Subparagraph (A) does not apply to

the following uses of sums in the account:

(i) For payment of the cost of any severance payments required to be paid by the Secretary to employees of the Department, but only if the cost of such

payments is less than $10,000,000.

(ii) For transfer to the head of an agency to be

abolished under this division for payment of the cost

of any severance payments required to be paid to

employees of the agency, but only if the total amount

transferred with respect to the agency is less than

$40,000,000.

(iii) For payment of the cost of any improvements

of the information management systems of the Department that are carried out as a result of the abolishment

of agencies under this division, but only if the cost

of such improvements is less than $15,000,000.

(iv) For payment of the cost of the physical relocation of fixtures, materials, and other resources from

an agency to be abolished under this division to the

Department or of such relocation within the Department, but only if the cost of such relocation is less

than $10,000,000.

(3) AVAILABILITY WITHOUT FISCAL YEAR LIMITATION.—Funds

in the account shall be available for the payment of costs

under paragraph (1) without fiscal year limitation.

(f) TREATMENT OF UNOBLIGATED BALANCES.— (1) IN GENERAL.—Subject to paragraph (2), unobligated

funds, if any, which remain in the account after the payment

of the costs described in subsection (e)(1) shall be transferred

to the Department and shall be available to the Secretary

for purposes of carrying out the functions of the Department. (2) NOTIFICATION.—The Secretary may not transfer funds in the account to the Department under paragraph (1) unless

the appropriate congressional committees are notified in

advance of such transfer in accordance with the procedures

applicable to reprogramming notifications under section 34 of

the State Department Basic Authorities Act of 1956.

(g) REPORT ON ACCOUNT.—Not later than October 1, 1998,

the Secretary shall transmit to the appropriate congressional

committees a report containing an accounting of—

(1) the expenditures from the account established under

this section; and

(2) in the event of any transfer of funds to the Department

under subsection (f), the functions for which the funds so transferred were expended.

(h) TERMINATION OF AUTHORITY TO USE ACCOUNT.—The Secretary may not obligate funds in the account after September 30,

1999.
H. R. 1561—40

SEC. 616. SAVINGS PROVISIONS.

(a) CONTINUING LEGAL FORCE AND EFFECT.—All orders, determinations, rules, regulations, permits, agreements, grants, contracts, certificates, licenses, registrations, privileges, and other

administrative actions—

(1) that have been issued, made, granted, or allowed to

become effective by the President, any Federal agency or official

thereof, or by a court of competent jurisdiction, in the performance of functions that are transferred under any title of this

division; and

(2) that are in effect at the time such title takes effect,

or were final before the effective date of such title and are

to become effective on or after the effective date of such title,

shall continue in effect according to their terms until modified,

terminated, superseded, set aside, or revoked in accordance with

law by the President, the Secretary, or other authorized official,

a court of competent jurisdiction, or by operation of law.

(b) PENDING PROCEEDINGS.—(1) The provisions of any title of

this division shall not affect any proceedings, including notices

of proposed rulemaking, or any application for any license, permit,

certificate, or financial assistance pending on the effective date

of any title of this division before any department, agency, commission, or component thereof, functions of which are transferred by

any title of this division. Such proceedings and applications, to

the extent that they relate to functions so transferred, shall be

continued.

(2) Orders shall be issued in such proceedings, appeals shall

be taken therefrom, and payments shall be made pursuant to such

orders, as if this division had not been enacted. Orders issued

in any such proceedings shall continue in effect until modified,

terminated, superseded, or revoked by the Secretary, by a court

of competent jurisdiction, or by operation of law.

(3) Nothing in this division shall be deemed to prohibit the

discontinuance or modification of any such proceeding under the

same terms and conditions and to the same extent that such

proceeding could have been discontinued or modified if this division

had not been enacted.

(4) The Secretary is authorized to promulgate regulations

providing for the orderly transfer of proceedings continued under

this subsection to the Department.

(c) NO EFFECT ON JUDICIAL PROCEEDINGS.—Except as provided

in subsection (e)—

(1) the provisions of this division shall not affect suits

commenced prior to the effective date of this Act, and

(2) in all such suits, proceedings shall be had, appeals

taken, and judgments rendered in the same manner and effect

as if this division had not been enacted.

(d) NON-ABATEMENT OF PROCEEDINGS.—No suit, action, or other

proceeding commenced by or against any officer in the official

capacity of such individual as an officer of any department or

agency, functions of which are transferred by any title of this

division, shall abate by reason of the enactment of this division.

No cause of action by or against any department or agency, functions of which are transferred by any title of this division, or

by or against any officer thereof in the official capacity of such

officer shall abate by reason of the enactment of this division.
H. R. 1561—41

(e) CONTINUATION OF PROCEEDING WITH SUBSTITUTION OF PARTIES.—If, before the date on which any title of this division takes

effect, any department or agency, or officer thereof in the official

capacity of such officer, is a party to a suit, and under this division

any function of such department, agency, or officer is transferred

to the Secretary or any other official of the Department, then

such suit shall be continued with the Secretary or other appropriate

official of the Department substituted or added as a party.

(f) REVIEWABILITY OF ORDERS AND ACTIONS UNDER TRANSFERRED FUNCTIONS.—Orders and actions of the Secretary in the

exercise of functions transferred under any title of this division

shall be subject to judicial review to the same extent and in the

same manner as if such orders and actions had been by the agency

or office, or part thereof, exercising such functions immediately

preceding their transfer. Any statutory requirements relating to

notice, hearings, action upon the record, or administrative review

that apply to any function transferred by any title of this division

shall apply to the exercise of such function by the Secretary.

SEC. 617. PROPERTY AND FACILITIES.

The Secretary shall review the property and facilities transferred to the Department under this division to determine whether

such property and facilities are required by the Department.

SEC. 618. AUTHORITY OF SECRETARY OF STATE TO FACILITATE

TRANSITION.

Prior to, or after, any transfer of a function under any title

of this division, the Secretary is authorized to utilize— (1) the services of such officers, employees, and other

personnel of an agency with respect to functions that will

be or have been transferred to the Department by any title

of this division; and

(2) funds appropriated to such functions for such period

of time as may reasonably be needed to facilitate the orderly

implementation of any title of this division.

SEC. 619. RECOMMENDATIONS FOR ADDITIONAL CONFORMING

AMENDMENTS.

Congress urges the President, in consultation with the Secretary and the heads of other appropriate agencies, to develop

and submit to Congress recommendations for such additional technical and conforming amendments to the laws of the United States

as may be appropriate to reflect the changes made by this division.

SEC. 620. FINAL REPORT.

Not later than October 1, 1998, the President, in consultation

with the Secretary of the Treasury and the Director of the Office

of Management and Budget shall submit to the appropriate congressional committees a report which provides a final accounting of

the finances and operations of the agencies abolished under this

division.

SEC. 621. TRANSFER OF FUNCTION.

Any determination as to whether a transfer of function, carried

out under this Act, constitutes a transfer of function for purposes

of subchapter I of chapter 35 of title 5, United States Code, shall

be made without regard to whether or not the function involved
H. R. 1561—42

is identical to functions already being performed by the receiving

agency.

SEC. 622. SEVERABILITY.

If a provision of this division or its application to any person

or circumstance is held invalid, neither the remainder of this division nor the application of the provision to other persons or circumstances shall be affected.

DIVISION B—FOREIGN RELATIONS

AUTHORIZATIONS

TITLE X—GENERAL PROVISIONS

SEC. 1001. SHORT TITLE.

This division may be cited as the ‘‘Department of State and

Related Agencies Authorization Act, Fiscal Years 1996 and 1997’’.

SEC. 1002. DEFINITIONS.

The following terms have the following meaning for the purposes of this division:

(1) The term ‘‘AID’’ means the Agency for International

Development.

(2) The term ‘‘ACDA’’ means the United States Arms Control and Disarmament Agency. (3) The term ‘‘appropriate congressional committees’’ means

the Committee on International Relations of the House of Representatives and the Committee of Foreign Relations of the

Senate.

(4) The term ‘‘Department’’ means the Department of State.

(5) The term ‘‘Federal agency’’ has the meaning given to

the term ‘‘agency’’ by section 551(1) of title 5, United States

Code.

(6) The term ‘‘function’’ means any duty, obligation, power,

authority, responsibility, right, privilege, activity, or program.

(7) The term ‘‘office’’ includes any office, administration,

agency, institute, unit, organizational entity, or component

thereof.

(8) The term ‘‘Secretary’’ means the Secretary of State.

(9) The term ‘‘USIA’’ means the United States Information

Agency.

TITLE XI—AUTHORIZATION OF APPROPRIATIONS FOR DEPARTMENT OF

STATE AND CERTAIN INTERNATIONAL

AFFAIRS FUNCTIONS AND ACTIVITIES

SEC. 1101. ADMINISTRATION OF FOREIGN AFFAIRS.

The following amounts are authorized to be appropriated for

the Department of State under ‘‘Administration of Foreign Affairs’’

to carry out the authorities, functions, duties, and responsibilities

in the conduct of the foreign affairs of the United States and
H. R. 1561—43

for other purposes authorized by law, including the diplomatic

security program:

(1) DIPLOMATIC AND CONSULAR PROGRAMS.—For ‘‘Diplomatic and Consular Programs’’ of the Department of State,

$1,719,220,000 for the fiscal year 1996, $1,710,000,000 for the

fiscal year 1997, $1,708,800,000 for the fiscal year 1998, and

$1,700,000,000 for the fiscal year 1999.

(2) SALARIES AND EXPENSES.—

(A) AUTHORIZATION OF APPROPRIATIONS.—For ‘‘Salaries

and Expenses’’ of the Department of State, $365,146,000

for the fiscal year 1996, $357,000,000 for the fiscal year

1997, $355,000,000 for the fiscal year 1998, and

$355,000,000 for the fiscal year 1999.

(B) LIMITATION.—Of the amount authorized to be

appropriated by subparagraph (A), $11,900,000 for fiscal

year 1997 is authorized to be appropriated for salaries

and expenses of the Bureau of Refugee and Migration

Assistance.

(3) CAPITAL INVESTMENT FUND.—For ‘‘Capital Investment

Fund’’ of the Department of State, $16,400,000 for the fiscal

year 1996 and $16,400,000 for the fiscal year 1997.

(4) SECURITY AND MAINTENANCE OF UNITED STATES MISSIONS.—For ‘‘Security and Maintenance of United States Missions’’, $385,760,000 for the fiscal year 1996 and $380,000,000

for the fiscal year 1997.

(5) REPRESENTATION ALLOWANCES.—For ‘‘Representation

Allowances’’, $4,500,000 for the fiscal year 1996 and $4,500,000

for the fiscal year 1997. (6) EMERGENCIES IN THE DIPLOMATIC AND CONSULAR SERV- ICE.—For ‘‘Emergencies in the Diplomatic and Consular Service’’, $6,000,000 for the fiscal year 1996 and $6,000,000 for

the fiscal year 1997. (7) OFFICE OF THE INSPECTOR GENERAL.—For ‘‘Office of

the Inspector General’’, $27,369,000 for the fiscal year 1996,

$27,000,000 for the fiscal year 1997, $27,000,000 for the fiscal

year 1998, and $27,000,000 for the fiscal year 1999. (8) PAYMENT TO THE AMERICAN INSTITUTE IN TAIWAN.— For ‘‘Payment to the American Institute in Taiwan’’,

$15,165,000 for the fiscal year 1996 and $14,165,000 for the

fiscal year 1997. (9) PROTECTION OF FOREIGN MISSIONS AND OFFICIALS.—For

‘‘Protection of Foreign Missions and Officials’’, $8,579,000 for

the fiscal year 1996 and $10,000,000 for the fiscal year 1997. (10) REPATRIATION LOANS.—For ‘‘Repatriation Loans’’,

$776,000 for the fiscal year 1996 and $776,000 for the fiscal

year 1997, for administrative expenses.

SEC. 1102. INTERNATIONAL ORGANIZATIONS, PROGRAMS, AND CONFERENCES.

(a) ASSESSED CONTRIBUTIONS TO INTERNATIONAL ORGANIZATIONS.—There are authorized to be appropriated for ‘‘Contributions

to International Organizations’’, $850,000,000 for the fiscal year

1996 and $840,000,000 for the fiscal year 1997 for the Department

of State to carry out the authorities, functions, duties, and responsibilities in the conduct of the foreign affairs of the United States

with respect to international organizations and to carry out other

authorities in law consistent with such purposes.
H. R. 1561—44

(b) ASSESSED CONTRIBUTIONS FOR INTERNATIONAL PEACEKEEPING ACTIVITIES.—There are authorized to be appropriated for ‘‘Contributions for International Peacekeeping Activities’’, $445,000,000

for the fiscal year 1996 and $375,000,000 for the fiscal year 1997

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

duties, and responsibilities in the conduct of the foreign affairs

of the United States with respect to international peacekeeping

activities and to carry out other authorities in law consistent with

such purposes.

(c) INTERNATIONAL CONFERENCES AND CONTINGENCIES.—There

are authorized to be appropriated for ‘‘International Conferences

and Contingencies’’, $3,000,000 for the fiscal year 1996 and

$3,000,000 for the fiscal year 1997 for the Department of State

to carry out the authorities, functions, duties, and responsibilities

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

respect to international conferences and contingencies and to carry

out other authorities in law consistent with such purposes.

(d) FOREIGN CURRENCY EXCHANGE RATES.—In addition to

amounts otherwise authorized to be appropriated by subsections

(a) and (b), there are authorized to be appropriated such sums

as may be necessary for each of the fiscal years 1996 and 1997

to offset adverse fluctuations in foreign currency exchange rates.

Amounts appropriated under this subsection shall be available for

obligation and expenditure only to the extent that the Director

of the Office of Management and Budget determines and certifies

to Congress that such amounts are necessary due to such fluctuations.

(e) LIMITATION ON UNITED STATES VOLUNTARY CONTRIBUTIONS

TO UNITED NATIONS DEVELOPMENT PROGRAM.—

(1) Of the amounts made available for fiscal years 1996

and 1997 for United States voluntary contributions to the

United Nations Development Program—

(A) not more than $51,800,000 shall be made available

for fiscal year 1996 unless, during fiscal year 1996, the

President submits to the appropriate committees of Congress the certification described in paragraph (2), and

(B) not more than $51,800,000 shall be available for

fiscal year 1997 unless, during fiscal year 1997, the President submits to the appropriate committees of Congress

the certification described in paragraph (2).

(2) The certification referred to in paragraph (1) is a certification by the President that all programs and activities of

the United Nations Development Program (including United

Nations Development Program—Administered Funds) in

Burma—

(A) are focused on eliminating human suffering and

addressing the needs of the poor;

(B) are undertaken only through international or private voluntary organizations that have been deemed

independent of the State Law and Order Restoration Council (SLORC) by the leadership of the National League for

Democracy and the leadership of the National Coalition

Government of the Union of Burma;

(C) provide no financial, political, or military benefit

to the SLORC; and
H. R. 1561—45

(D) are supported by the leadership of the National League for Democracy and the leadership of the National

Coalition Government of the Union of Burma.

SEC. 1103. INTERNATIONAL COMMISSIONS.

The following amounts are authorized to be appropriated under ‘‘International Commissions’’ for the Department of State to carry

out the authorities, functions, duties, and responsibilities in the

conduct of the foreign affairs of the United States and for other

purposes authorized by law: (1) INTERNATIONAL BOUNDARY AND WATER COMMISSION, UNITED STATES AND MEXICO.—For ‘‘International Boundary and Water Commission, United States and Mexico’’—

(A) for ‘‘Salaries and Expenses’’ $12,058,000 for the

fiscal year 1996 and $19,372,000 for the fiscal year 1997;

and

(B) for ‘‘Construction’’ $6,644,000 for the fiscal year 1996 and $9,000,000 for the fiscal year 1997.

(2) INTERNATIONAL BOUNDARY COMMISSION, UNITED STATES

AND CANADA.—For ‘‘International Boundary Commission, United States and Canada’’, $640,000 for the fiscal year 1996

and $666,000 for the fiscal year 1997. (3) INTERNATIONAL JOINT COMMISSION.—For ‘‘International

Joint Commission’’, $3,360,000 for the fiscal year 1996 and

$3,195,000 for the fiscal year 1997. (4) INTERNATIONAL FISHERIES COMMISSIONS.—For ‘‘International Fisheries Commissions’’, $14,669,000 for the fiscal year

1996 and $13,202,000 for the fiscal year 1997.

SEC. 1104. MIGRATION AND REFUGEE ASSISTANCE.

(a) AUTHORIZATION OF APPROPRIATIONS.— (1) MIGRATION AND REFUGEE ASSISTANCE.— (A) AUTHORIZATION OF APPROPRIATIONS.—There are

authorized to be appropriated for ‘‘Migration and Refugee

Assistance’’ for authorized activities, $590,000,000 for the

fiscal year 1996 and $590,000,000 for the fiscal year 1997. (B) LIMITATION.—None of the funds authorized to be

appropriated by this section for fiscal year 1997 are authorized to be appropriated for salaries and administrative

expenses of the Bureau of Migration and Refugee Assistance.

(2) REFUGEES RESETTLING IN ISRAEL.—There are authorized

to be appropriated $80,000,000 for the fiscal year 1996 and

$80,000,000 for the fiscal year 1997 for assistance for refugees

resettling in Israel from other countries. (3) HUMANITARIAN ASSISTANCE FOR DISPLACED BURMESE.— There are authorized to be appropriated $1,500,000 for the

fiscal year 1996 and $1,500,000 for the fiscal year 1997 for

humanitarian assistance, including but not limited to food,

medicine, clothing, and medical and vocational training to persons displaced as a result of civil conflict in Burma, including

persons still within Burma.

(4) RESETTLEMENT OF VIETNAMESE, LAOTIANS, AND CAMBODIANS.—Of the amounts authorized to be appropriated for

fiscal year 1996 under paragraph (1), there are authorized

to be appropriated such amounts as are necessary for the

admission and resettlement, within numerical limitations provided by law for refugee admissions, of persons who—
H. R. 1561—46

(A) are or were nationals and residents of Vietnam,

Laos, or Cambodia and are or were at any time after

July 1, 1995, residents of refugee camps in Hong Kong,

the Philippines, Indonesia, Malaysia, or Thailand; and (B)(i) are determined by a United States immigration officer to be within a category of aliens referred to in

section 599D(b)(2)(C) of the Foreign Operations Export

Financing and Related Programs Appropriations Act, 1990

(Public Law 101–167); or

(ii) are otherwise determined by a United States immigration officer to be refugees within the meaning of

section 101(a)(42) of the Immigration and Nationality Act. (b) GENERAL LIMITATIONS.—None of the funds authorized to

be appropriated by subsection (a) are authorized to be available

for any program or activity that provides for, promotes, or assists

in the repatriation of any person to Vietnam, Laos, or Cambodia,

unless the President has certified to the appropriate congressional

committees that—

(1) all persons described in subsection (a)(4)(A) have been

or will be offered an interview by a United States immigration

officer in a refugee camp or elsewhere in the host country

in which such a camp is located (or, if the government of

such a country has declined a request by the United States

to permit such interviews to take place within such country,

in their country of origin) for the purpose of determining

whether they are persons described in subsection (a)(4)(B);

and

(2) all persons described in subsection (a)(4)(B) have been

or will be offered resettlement outside their countries of

nationality.

(c) AVAILABILITY OF FUNDS.—Funds appropriated pursuant to subsection (a) are authorized to be available until expended. (d) REFUGEE CAMP DEFINED.—For the purposes of this section,

the term ‘‘refugee camp’’ means any place in which people who

left Vietnam, Cambodia, or Laos are housed or held by a government

or international organization, regardless of the designation of such

place by such government or organization. (e) STATUTORY CONSTRUCTION.—Nothing in this section may be construed to require or permit an increase in the number of

refugee admissions for fiscal year 1996 from the numerical limitation for refugee admissions for fiscal year 1995.

SEC. 1105. ASIA FOUNDATION.

There are authorized to be appropriated for the Department

of State $5,000,000 for the fiscal year 1996 and $10,000,000 for

the fiscal year 1997 for ‘‘Asia Foundation’’.

SEC. 1106. UNITED STATES INFORMATIONAL, EDUCATIONAL, AND CULTURAL PROGRAMS.

The following amounts are authorized to be appropriated to

carry out international information activities and educational and

cultural exchange programs under the United States Information

and Educational Exchange Act of 1948, the Mutual Educational

and Cultural Exchange Act of 1961, Reorganization Plan Number

2 of 1977, the United States International Broadcasting Act of

1994, the Radio Broadcasting to Cuba Act, the Television Broadcasting to Cuba Act, the Board for International Broadcasting Act,

the Inspector General Act of 1978, the North/South Center Act
H. R. 1561—47

of 1991, the National Endowment for Democracy Act, and to carry

out other authorities in law consistent with such purposes:

(1) SALARIES AND EXPENSES.—For ‘‘Salaries and Expenses’’,

$445,645,000 for the fiscal year 1996, $440,000,000 for the

fiscal year 1997, $410,000,000 for the fiscal year 1998, and

$399,000,000 for the fiscal year 1999.

(2) TECHNOLOGY FUND.—For ‘‘Technology Fund’’ for the

United States Information Agency, $5,050,000 for the fiscal

year 1996 and $5,050,000 for the fiscal year 1997.

(3) EDUCATIONAL AND CULTURAL EXCHANGE PROGRAMS.—

(A) FULBRIGHT ACADEMIC EXCHANGE PROGRAMS.—For

the ‘‘Fulbright Academic Exchange Programs’’,

$102,500,000 for the fiscal year 1996 and $98,000,000 for

the fiscal year 1997.

(B) OTHER PROGRAMS.—For ‘‘Hubert H. Humphrey

Fellowship Program’’, ‘‘Edmund S. Muskie Fellowship Program’’, ‘‘International Visitors Program’’, ‘‘Mike Mansfield

Fellowship Program’’, ‘‘Claude and Mildred Pepper Scholarship Program of the Washington Workshops Foundation’’,

‘‘Citizen Exchange Programs’’, ‘‘Congress-Bundestag

Exchange Program’’, ‘‘Newly Independent States and Eastern Europe Training’’, ‘‘Institute for Representative Government’’, ‘‘Arts America’’, ‘‘South Pacific Exchanges’’, ‘‘East

Timorese Scholarships’’, ‘‘Cambodian Scholarships’’, and

‘‘Educational and Cultural Exchanges with Tibet’’,

$97,500,000 for the fiscal year 1996 and $85,000,000 for

the fiscal year 1997.

(4) INTERNATIONAL BROADCASTING ACTIVITIES.—

(A) AUTHORIZATION OF APPROPRIATIONS.—For ‘‘International Broadcasting Activities’’, $325,191,000 for the fiscal year 1996, $330,000,000 for the fiscal year 1997,

$320,000,000 for the fiscal year 1998, and $315,000,000

for the fiscal year 1999.

(B) ALLOCATION.—Of the amounts authorized to be

appropriated under subparagraph (A), the Director of the

United States Information Agency and the Board of Broadcasting Governors shall seek to ensure that the amounts

made available for broadcasting to nations whose people

do not fully enjoy freedom of expression do not decline

in proportion to the amounts made available for broadcasting to other nations.

(5) RADIO CONSTRUCTION.—For ‘‘Radio Construction’’,

$40,000,000 for the fiscal year 1996, and $35,000,000 for the

fiscal year 1997.

(6) RADIO FREE ASIA.—For ‘‘Radio Free Asia’’, $10,000,000

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

1997.

(7) BROADCASTING TO CUBA.—For ‘‘Broadcasting to Cuba’’,

$24,809,000 for the fiscal year 1996 and $24,809,000 for the

fiscal year 1997.

(8) CENTER FOR CULTURAL AND TECHNICAL INTERCHANGE

BETWEEN EAST AND WEST.—For ‘‘Center for Cultural and Technical Interchange between East and West’’, $11,750,000 for

the fiscal year 1996 and $11,750,000 for the fiscal year 1997.

(9) NATIONAL ENDOWMENT FOR DEMOCRACY.—
H. R. 1561—48

(A) AUTHORIZATION OF APPROPRIATIONS.—For ‘‘National

Endowment for Democracy’’, $32,000,000 for the fiscal year

1996 and $30,000,000 for the fiscal year 1997.

(B) LIMITATION.—Of the amounts authorized to be

appropriated under subparagraph (A) for each fiscal year,

not more than 55 percent shall be available only for the

following organizations, in equal allotments:

(i) The International Republican Institute (IRI).

(ii) The National Democratic Institute (NDI).

(iii) The Free Trade Union Institute (FTUI).

(iv) The Center for International Private Enterprise (CIPE).

(10) CENTER FOR CULTURAL AND TECHNICAL INTERCHANGE

BETWEEN NORTH AND SOUTH.—For ‘‘Center for Cultural and

Technical Interchange between North and South’’ $2,000,000

for the fiscal year 1996 and $3,000,000 for the fiscal year

1997.

SEC. 1107. UNITED STATES ARMS CONTROL AND DISARMAMENT.

There are authorized to be appropriated to carry out the purposes of the Arms Control and Disarmament Act—

(1) $35,700,000 for the fiscal year 1996, $30,000,000 for

the fiscal year 1997, $28,000,000 for the fiscal year 1998, and

$25,000,000 for the fiscal year 1999; and

(2) such sums as may be necessary for each of the fiscal

years 1996 and 1997 for increases in salary, pay, retirement,

other employee benefits authorized by law, and to offset adverse

fluctuations in foreign currency exchange rates.

SEC. 1108. ADMINISTRATION OF FOREIGN ASSISTANCE.

(a) OPERATING EXPENSES GENERALLY.—Section 667(a)(1) of the

Foreign Assistance Act of 1961 (22 U.S.C. 2427(a)(1)) is amended

to read as follows:

‘‘(1) $465,000,000 for each of the fiscal years 1996 and

1997, $445,000,000 for fiscal year 1998, and $435,000,000 for

fiscal year 1999 for necessary operating expenses of the agency

primarily responsible for administering part I of this Act (other

than the office of the inspector general of such agency); and’’.

(b) OPERATING EXPENSES OF THE OFFICE OF THE INSPECTOR

GENERAL OF AID.—Section 667(a) of the Foreign Assistance Act of 1961 (22 U.S.C. 2427(a)) is further amended—

(1) by redesignating paragraph (2) as paragraph (3);

(2) by striking ‘‘and’’ at the end of paragraph (1); and

(3) by inserting after paragraph (1) the following:

‘‘(2) $30,200,000 for fiscal year 1996, $27,000,000 for fiscal

year 1997, $25,000,000 for fiscal year 1998, and $19,000,000

for fiscal year 1999 for necessary operating expenses of the

office of the inspector general of such agency; and’’.

SEC. 1109. NARCOTICS CONTROL ASSISTANCE.

(a) IN GENERAL.—There are authorized to be appropriated

$115,000,000 for fiscal year 1996 and $213,000,000 for fiscal year

1997 to carry out chapter 8 of part I of the Foreign Assistance

Act of 1961 (22 U.S.C. 2291 et seq.).

(b) AVAILABILITY OF AMOUNTS.—Amounts authorized to be

appropriated under subsection (a) are authorized to remain available until expended.
H. R. 1561—49

SEC. 1110. PEACE CORPS.

Section 3(b) of the Peace Corps Act (22 U.S.C. 2502(b)) is

amended to read as follows:

‘‘(b)(1) There are authorized to be appropriated to carry out

the purposes of this Act $210,000,000 for fiscal year 1996 and

$234,000,000 for fiscal year 1997.

‘‘(2) Amounts authorized to be appropriated under paragraph

(1)—

‘‘(A) with respect to fiscal year 1996 are authorized to

remain available until September 30, 1997; and

‘‘(B) with respect to fiscal year 1997 are authorized to

remain available until September 30, 1998.’’.

SEC. 1111. HOUSING GUARANTEE PROGRAM.

(a) AUTHORIZATION OF APPROPRIATIONS FOR ADMINISTRATIVE

EXPENSES.—

(1) IN GENERAL.—(A) Subject to subparagraph (B), there

are authorized to be appropriated $7,000,000 for fiscal year

1996 and $6,000,000 for fiscal year 1997 for administrative

expenses to carry out guaranteed loan programs under sections

221 and 222 of the Foreign Assistance Act of 1961 (22 U.S.C.

2181 and 2182).

(B) Amounts authorized to be appropriated under subparagraph (A) may be made available only for—

(i) administrative expenses incurred with respect to

guaranties issued before the date of the enactment of this

Act; or

(ii) expenses incurred with respect to activities related

to the collection of amounts paid by the United States

in the discharge of liabilities under guaranties issued under

section 222 of the Foreign Assistance Act of 1961 (22 U.S.C.

2182).

(2) AVAILABILITY.—Amounts authorized to be appropriated

under paragraph (1) are authorized to remain available until

expended.

(b) ADDITIONAL REQUIREMENTS.—

(1) EXPIRATION OF AUTHORITY.—Section 222(a) of the Foreign Assistance Act of 1961 (22 U.S.C. 2182(a)) is amended

by striking the third sentence and inserting the following: ‘‘No

guaranties may be issued under this section on or after the

date of the enactment of the Foreign Relations Authorization

Act, Fiscal Years 1996 and 1997.’’.

(2) CANCELLATION OF CERTAIN EXISTING GUARANTIES.—Section 222 of such Act (22 U.S.C. 2182) is amended—

(A) by redesignating subsection (k) as subsection (d);

and

(B) by adding at the end the following new subsection:

‘‘(e) The President shall cancel all guaranties issued under

this section with respect to which eligible investors have not (before

the date of the enactment of the Foreign Relations Authorization

Act, Fiscal Years 1996 and 1997) applied such guaranties to loans

for projects under this title. The provisions of this subsection shall

not apply to guaranties which have been issued for the benefit

of the Republic of South Africa.’’.

(3) PROHIBITION ON ASSISTANCE FOR ENTITIES IN DEFAULT

AND CERTAIN OTHER ENTITIES.—Section 620 of such Act (22
H. R. 1561—50

U.S.C. 2370) is amended by inserting after subsection (u) the

following new subsection:

‘‘(v)(1) Subject to paragraph (2), no assistance shall be furnished

under this Act to any entity that—

‘‘(A) fails to make timely payments on loans with respect

to which guaranties have been issued under title III of chapter

2 of part I of this Act (relating to housing and other credit

guaranty programs); or

‘‘(B) causes amounts (including amounts for administrative

expenses) to be paid by the United States in the discharge

of liabilities under guaranties issued under such title, unless

such entity has reimbursed the United States for such amounts.

‘‘(2) The President may waive the prohibition in paragraph

(1) with respect to an entity if the President determines that it

is in the national interest of the United States to furnish assistance

under this Act to such entity.’’.

TITLE XII—DEPARTMENT OF STATE

AUTHORITIES AND ACTIVITIES

CHAPTER 1—AUTHORITIES AND ACTIVITIES

SEC. 1201. REVISION OF DEPARTMENT OF STATE REWARDS PROGRAM.

(a) IN GENERAL.—Section 36 of the State Department Basic

Authorities Act of 1956 (22 U.S.C. 2708) is amended to read as

follows:

‘‘SEC. 36. DEPARTMENT OF STATE REWARDS PROGRAM.

‘‘(a) ESTABLISHMENT.—(1) There is established a program for

the payment of rewards to carry out the purposes of this section. ‘‘(2) The rewards program established by this section shall

be administered by the Secretary of State, in consultation, where

appropriate, with the Attorney General. ‘‘(b) PURPOSE.—(1) The rewards program established by this

section shall be designed to assist in the prevention of acts of

international terrorism, international narcotics trafficking, and

other related criminal acts.

‘‘(2) At the sole discretion of the Secretary of State and in

consultation, as appropriate, with the Attorney General, the Secretary of State may pay a reward to any individual who furnishes

information leading to— ‘‘(A) the arrest or conviction in any country of any individual for the commission of an act of international terrorism

against a United States person or United States property;

‘‘(B) the arrest or conviction in any country of any individual conspiring or attempting to commit an act of international

terrorism against a United States person or United States

property;

‘‘(C) the arrest or conviction in any country of any individual for committing, primarily outside the territorial jurisdiction

of the United States, any narcotics-related offense if that offense

involves or is a significant part of conduct that involves—

‘‘(i) a violation of United States narcotics laws and

which is such that the individual would be a major violator

of such laws;

‘‘(ii) the killing or kidnapping of—
H. R. 1561—51

‘‘(I) any officer, employee, or contract employee

of the United States Government while such individual

is engaged in official duties, or on account of that

individual’s official duties, in connection with the

enforcement of United States narcotics laws or the

implementing of United States narcotics control objectives; or

‘‘(II) a member of the immediate family of any

such individual on account of that individual’s official

duties in connection with the enforcement of United

States narcotics laws or the implementing of United

States narcotics control objectives; or

‘‘(iii) an attempt or conspiracy to commit any of the

acts described in clause (i) or (ii);

‘‘(D) the arrest or conviction in any country of any individual aiding or abetting in the commission of an act described

in subparagraphs (A) through (C); or

‘‘(E) the prevention, frustration, or favorable resolution of

an act described in subparagraphs (A) through (C).

‘‘(c) COORDINATION.—(1) To ensure that the payment of rewards

pursuant to this section does not duplicate or interfere with the

payment of informants or the obtaining of evidence or information,

as authorized to the Department of Justice, the offering, administration, and payment of rewards under this section, including procedures for—

‘‘(A) identifying individuals, organizations, and offenses

with respect to which rewards will be offered;

‘‘(B) the publication of rewards;

‘‘(C) offering of joint rewards with foreign governments;

‘‘(D) the receipt and analysis of data; and

‘‘(E) the payment and approval of payment,

shall be governed by procedures developed by the Secretary of

State, in consultation with the Attorney General. ‘‘(2) Before making a reward under this section in a matter

over which there is Federal criminal jurisdiction, the Secretary

of State shall advise and consult with the Attorney General. ‘‘(d) FUNDING.—(1) There are authorized to be appropriated

to the Department of State from time to time such amounts as

may be necessary to carry out the purposes of this section, notwithstanding section 102 of the Foreign Relations Authorization Act,

Fiscal Years 1986 and 1987 (Public Law 99–93).

‘‘(2) No amount of funds may be appropriated which, when

added to the amounts previously appropriated but not yet obligated,

would cause such amounts to exceed $15,000,000.

‘‘(3) To the maximum extent practicable, funds made available

to carry out this section should be distributed equally for the

purpose of preventing acts of international terrorism and for the

purpose of preventing international narcotics trafficking.

‘‘(4) Amounts appropriated to carry out the purposes of this

section shall remain available until expended.

‘‘(e) LIMITATION AND CERTIFICATION.—(1) A reward under this

section may not exceed $2,000,000.

‘‘(2) A reward under this section of more than $100,000 may

not be made without the approval of the President or the Secretary

of State.

‘‘(3) Any reward granted under this section shall be approved

and certified for payment by the Secretary of State.
H. R. 1561—52

‘‘(4) The authority of paragraph (2) may not be delegated to

any other officer or employee of the United States Government.

‘‘(5) If the Secretary determines that the identity of the recipient

of a reward or of the members of the recipient’s immediate family

must be protected, the Secretary may take such measures in connection with the payment of the reward as he considers necessary

to effect such protection.

‘‘(f) INELIGIBILITY.—An officer or employee of any governmental

entity who, while in the performance of his or her official duties,

furnishes information described in subsection (b) shall not be

eligible for a reward under this section.

‘‘(g) REPORTS.—(1) Not later than 30 days after the payment

of any reward under this section, the Secretary of State shall

submit a report to the appropriate congressional committees with

respect to such reward. The report, which may be submitted on

a classified basis if necessary, shall specify the amount of the

reward paid, to whom the reward was paid, and the acts with

respect to which the reward was paid. The report shall also discuss

the significance of the information for which the reward was paid

in dealing with those acts.

‘‘(2) Not later than 60 days after the end of each fiscal year,

the Secretary of State shall submit an annual report to the appropriate congressional committees with respect to the operation of

the rewards program authorized by this section. Such report shall

provide information on the total amounts expended during such

fiscal year to carry out the purposes of this section, including

amounts spent to publicize the availability of rewards. Such report

shall also include information on all requests for the payment

of rewards under this section, including the reasons for the denial

of any such requests.

‘‘(h) DEFINITIONS.—As used in this section—

‘‘(1) the term ‘appropriate congressional committees’ means

the Committee on International Relations of the House of Representatives and the Committee on Foreign Relations of the

Senate;

‘‘(2) the term ‘act of international terrorism’ includes, but

is not limited to—

‘‘(A) any act substantially contributing to the acquisition of unsafeguarded special nuclear material (as defined

in section 830(8) of the Nuclear Proliferation Prevention

Act of 1994) or any nuclear explosive device (as defined

in section 830(4) of that Act) by an individual, group,

or non-nuclear weapon state (as defined in section 830(5)

of that Act); and

‘‘(B) any act, as determined by the Secretary of State,

which materially supports the conduct of international

terrorism, including the counterfeiting of United States

currency or the illegal use of other monetary instruments

by an individual, group, or country supporting international

terrorism as determined for purposes of section 6(j) of the

Export Administration Act of 1979;

‘‘(3) the term ‘United States narcotics laws’ means the

laws of the United States for the prevention and control of

illicit traffic in controlled substances (as such term is defined

for purposes of the Controlled Substances Act); and

‘‘(4) the term ‘member of the immediate family’ includes—
H. R. 1561—53

‘‘(A) a spouse, parent, brother, sister, or child of the

individual;

‘‘(B) a person to whom the individual stands in loco

parentis; and

‘‘(C) any other person living in the individual’s household and related to the individual by blood or marriage.

‘‘(i) JUDICIAL REVIEW.—A determination made by the Secretary

of State as to whether to authorize a reward under this section

or as to the amount of a reward shall not be subject to judicial

review.’’.

(b) SENSE OF CONGRESS.—It is the sense of the Congress that

the Secretary of State should pursue additional means of funding

the program established by section 36 of the State Department

Basic Authorities Act of 1956 (22 U.S.C. 2708), including the authority to seize and dispose of assets used in the commission of any

offense under sections 1028, 1541 through 1544, and 1546 of title

18, United States Code, and to retain the proceeds derived from

the disposition of such assets; to participate in asset sharing programs conducted by the Department of Justice; and to retain earnings accruing on all assets of foreign countries blocked by the

President pursuant to the International Emergency Powers Act

(50 U.S.C. 1701 and following) to carry out the purposes of section

36 of the State Department Basic Authorities Act of 1956.

SEC. 1202. BUYING POWER MAINTENANCE ACCOUNT.

Section 24(b)(7) of the State Department Basic Authorities Act

of 1956 (22 U.S.C. 2696(b)(7)) is amended by striking subparagraph

(D).

SEC. 1203. EXPENSES RELATING TO CERTAIN INTERNATIONAL CLAIMS

AND PROCEEDINGS.

(a) RECOVERY OF CERTAIN EXPENSES.—The Department of State

Appropriation Act, 1937 (49 Stat. 1321, 22 U.S.C. 2661, as amended

by section 142(b) of the Foreign Relations Authorization Act, Fiscal

Years 1988 and 1989 (Public Law 100–204)) is amended in the

fifth undesignated paragraph under the heading entitled ‘‘INTER- NATIONAL FISHERIES COMMISSION’’ by striking ‘‘extraordinary’’. (b) PROCUREMENT OF SERVICES.—Section 38(c) of the State

Department Basic Authorities Act of 1956 (22 U.S.C. 2710(c)) is

amended in the first sentence by inserting ‘‘personal and’’ before

‘‘other support services’’.

SEC. 1204. DENIAL OF PASSPORTS TO NONCUSTODIAL PARENTS SUBJECT TO STATE ARREST WARRANTS IN CASES OF

NONPAYMENT OF CHILD SUPPORT.

The Secretary of State is authorized to refuse to issue a passport

or to revoke, restrict, or limit a passport in any case in which

the Secretary of State determines or is informed by competent

authority that the applicant or passport holder is a noncustodial

parent who is the subject of an outstanding State warrant of arrest

for nonpayment of child support, where the amount in controversy

is not less than $10,000.

SEC. 1205. TRAINING.

Section 701 of the Foreign Service Act of 1980 (22 U.S.C.

4021) is amended—

(1) by redesignating subsection (d)(4) as subsection (g);

and
H. R. 1561—54

(2) by inserting after subsection (d) the following new subsections:

‘‘(e)(1) The Secretary of State is authorized to provide appropriate training through the institution to employees of any United

States company engaged in business abroad, and to the families

of such employees, when such training is in the national interest

of the United States.

‘‘(2) In the case of any company under contract to provide

services to the Department of State, the Secretary of State is

authorized to provide job-related training to any company employee

who is performing such services.

‘‘(3) Training under this subsection shall be on a reimbursable

or advance-of-funds basis. Such reimbursements or advances shall

be credited to the currently applicable appropriation account.

‘‘(4) Training under this subsection is authorized only to the

extent that it will not interfere with the institution’s primary mission of training employees of the Department and of other agencies

in the field of foreign relations.

‘‘(f)(1) The Secretary of State is authorized to provide on a

reimbursable basis foreign language training programs to Members

of Congress and officers and employees of Congress.

‘‘(2) Reimbursements under this subsection, to the extent practicable, should be equivalent to the rate of reimbursement charged

other agencies of the United States Government for comparable

training.

‘‘(3) Reimbursements collected under this subsection shall be

credited to the currently available applicable appropriation account.

‘‘(4) Training under this subsection is authorized only to the

extent that it will not interfere with the institution’s primary mission of training employees of the Department and of other agencies

in the field of foreign relations.’’.

SEC. 1206. CAPITAL INVESTMENT FUND.

Section 135 of the Foreign Relations Authorization Act, Fiscal

Years 1994 and 1995 (22 U.S.C. 2684a) is amended—

(1) in subsection (a), by inserting ‘‘and upgrade’’ after

‘‘procurement’’;

(2) in subsection (c), by striking ‘‘are authorized to’’ and

inserting ‘‘shall’’;

(3) in subsection (d), by striking all that follows ‘‘available’’

and inserting ‘‘for the purposes of subsection (a).’’; and

(4) in subsection (e), by striking all that follows ‘‘(22 U.S.C.

2710)’’ before the period at the end.

SEC. 1207. LEASE-PURCHASE OF OVERSEAS PROPERTY.

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

(b) and (c), the Secretary is authorized to acquire by lease-purchase

such properties as are described in subsection (b), if—

(1) the Secretary of State, and

(2) the Director of the Office of Management and Budget,

certify and notify the appropriate committees of Congress that

the lease-purchase arrangement will result in a net cost savings

to the Federal Government when compared to a lease, a direct

purchase, or direct construction of comparable property.

(b) LOCATIONS AND LIMITATIONS.—The authority granted in

subsection (a) may be exercised only—
H. R. 1561—55

(1) to acquire appropriate housing for Department of State personnel stationed abroad and for the acquisition of other

facilities, in locations in which the United States has a diplomatic mission; and

(2) during fiscal years 1996 and 1997. (c) AUTHORIZATION OF FUNDING.—Funds for lease-purchase arrangements made pursuant to subsection (a) shall be available

from amounts appropriated under the authority of section 1101(4)

(relating to the ‘‘Security and Maintenance of United States Missions’’ account). Such funds shall be available only to such extent

or in such amounts as are provided in advance in an appropriation

Act.

SEC. 1208. FEES FOR COMMERCIAL SERVICES.

Section 52 of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2724) is amended in subsection (b) by adding

at the end the following: ‘‘Such fees shall remain available for

obligation until expended. Deposited funds may be obligated and

expended only in such amounts as are provided in advance in

an appropriation Act.’’.

SEC. 1209. REDUCTION OF REPORTING REQUIREMENTS.

Section 488(a)(3) of the Foreign Assistance Act of 1961 (22 U.S.C. 2291g) is amended by striking ‘‘quarter of the’’.

SEC. 1210. FEE FOR USE OF DIPLOMATIC RECEPTION ROOMS.

Title I of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2651a et seq.) is amended by adding at the end the

following new section:

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

‘‘The Secretary of State is authorized to charge a fee for use of the Department of State diplomatic reception rooms. Fees collected under the authority of this section shall be deposited as

an offsetting collection to any Department of State appropriation

to recover the costs of such use and shall remain available for

obligation until expended. Amounts deposited may be obligated

and expended only to the extent and in such amounts as are

provided in advance in an appropriation Act.’’.

SEC. 1211. INTERNATIONAL CENTER RESERVE FUNDS.

Section 5 of the International Center Act (Public Law 90–

533) is amended by inserting before the last sentence the following:

‘‘Amounts in the reserve may be deposited in interest bearing

accounts, and the Secretary may retain for the purposes of the

reserve any interest earned on such deposits without returning

such interest to the Treasury of the United States.’’.

SEC. 1212. JOINT FUNDS UNDER AGREEMENTS FOR COOPERATION IN

ENVIRONMENTAL, SCIENTIFIC, CULTURAL, AND

RELATED AREAS.

In order to promote the maximum benefits from continued

participation in international agreements in effect as of the date

of enactment of this Act for cooperation in environmental, scientific,

cultural, and related areas, appropriated funds that have been

made available in fiscal year 1995 and prior fiscal years under

the Department of State’s program of international environmental,

scientific, and cultural cooperation to joint funds or accounts under

such agreements may, to the extent specified within the agreement,
H. R. 1561—56

be deposited in interest bearing accounts prior to disbursement

of such funds for the purposes of the program. Interest earned

may be retained for use under such agreements for program or

administrative purposes, without returning such interest to the

Treasury of the United States. Such retained interest amounts

shall be available for obligation and expenditure only to such extent

and in such amounts as are provided in advance in appropriation

Acts.

SEC. 1213. EFFICIENCY IN PROCUREMENT.

(a) IN GENERAL.—To the maximum extent practicable, United

States Government agencies performing functions at diplomatic

and consular posts abroad shall avoid duplicative acquisition

actions.

(b) AUTHORITY.—Notwithstanding any other provision of law,

a contract awarded in accordance with the Competition in Contracting Act by an agency of the United States Government performing

functions at diplomatic and consular posts abroad may be amended

without competition to permit other such United States Government

agencies to obtain goods or services under such contract, if unit

prices are not increased as a result of any such amendment.

SEC. 1214. CONCERNING THE USE OF FUNDS TO FURTHER NORMALIZE

RELATIONS WITH VIETNAM.

None of the funds authorized to be appropriated or otherwise

made available by this Act may be obligated or expended to pay

for any cost incurred for (1) opening or operating any United States

diplomatic or consular post in the Socialist Republic of Vietnam

that was not operating on July 11, 1995; (2) expanding any United

States diplomatic or consular post in the Socialist Republic of Vietnam that was operating on July 11, 1995; or (3) increasing the

total number of personnel assigned to United States diplomatic

or consular posts in the Socialist Republic of Vietnam above the

levels existing on July 11, 1995, unless not less than 60 days

prior to any such obligation or expenditure the President certifies

to the Congress that based upon all information available to the

United States Government that the Government of the Socialist

Republic of Vietnam is fully cooperating with the United States

in the following 4 areas:

(A) Resolving discrepancy cases, live sightings, and field

activities.

(B) Recovering and repatriating American remains.

(C) Accelerating efforts to provide documents that will help

lead to fullest possible accounting of POW/MIA’s.

(D) Providing further assistance in implementing trilateral

investigations with Laos.

SEC. 1215. DIPLOMATIC TELECOMMUNICATIONS SERVICE.

Section 507 of the Department of State and Related Agencies

Appropriations Act, 1995 (Public Law 103–317) is amended in subsections (a) and (b) by striking ‘‘and each succeeding fiscal year’’

each place it appears.
H. R. 1561—57

CHAPTER 2—CONSULAR AUTHORITIES OF THE

DEPARTMENT OF STATE

SEC. 1231. FEES FOR MACHINE READABLE VISAS.

Section 140(a) of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 (Public Law 103–236) is amended—

(1) by striking paragraphs (2) and (3) and inserting the

following: ‘‘(2) For fiscal years 1996 and 1997, not more than

$150,000,000 in fees collected under the authority of paragraph

(1) for each fiscal year shall be deposited as an offsetting

collection to any Department of State appropriation to recover

the costs of the Department of State’s border security program,

including the costs of— ‘‘(A) installation and operation of the machine readable

visa and automated name-check process;

‘‘(B) improving the quality and security of the United

States passport;

‘‘(C) passport and visa fraud investigations; and

‘‘(D) the technological infrastructure to support and operate the programs referred to in subparagraphs (A)

through (C).

Such fees shall remain available for obligation until expended.

‘‘(3) For any fiscal year, fees collected under the authority

of paragraph (1) in excess of the amount specified for such

fiscal year under paragraph (2) shall be deposited in the general

fund of the Treasury as miscellaneous receipts.’’; and

(2) by striking paragraph (5).

SEC. 1232. FINGERPRINT CHECK REQUIREMENT.

Section 140(e)(1) of the Foreign Relations Authorization Act,

Fiscal Years 1994 and 1995 (Public Law 103–236; 8 U.S.C. 1182

note) as amended by section 505 of the Department of State and

Related Agencies Appropriations Act, Fiscal Year 1995 (Public Law

103–317) is amended to read as follows:

‘‘(1) The Secretary of State shall in the 10 countries with

the highest volume of immigrant visa issuance for the most

recent fiscal year for which data are available require applicants

for immigrant visas to provide a fingerprint record for submission with the application, at no cost to the Department of

State, if such an applicant—

‘‘(A) has been determined to have a criminal history

record under subsection (d)(1);

‘‘(B) has been physically present in the United States;

and

‘‘(C) is more than 16 years of age.

The Department of State shall submit such fingerprint records

to the Federal Bureau of Investigation for analysis to determine

whether the applicant has been convicted of a felony under

State or Federal law in the United States.’’.

SEC. 1233. USE OF CERTAIN PASSPORT PROCESSING FEES FOR

ENHANCED PASSPORT SERVICES.

For each of the fiscal years 1996 and 1997, of the fees collected

for expedited passport processing and deposited to an offsetting

collection pursuant to the Department of State and Related Agencies

Appropriations Act for Fiscal Year 1995 (Public Law 103–317; 22
H. R. 1561—58

U.S.C. 214), 10 percent shall be available only for enhancing passport services for United States citizens, improving the integrity

and efficiency of the passport issuance process, improving the secure

nature of the United States passport, investigating passport fraud,

and preventing entry into the United States by terrorists, drug

traffickers, or other criminals.

SEC. 1234. CONSULAR OFFICERS.

(a) PERSONS AUTHORIZED TO ISSUE REPORTS OF BIRTHS

ABROAD.—Section 33 of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2705) is amended in paragraph (2) by

adding at the end the following: ‘‘For purposes of this paragraph,

a consular officer shall include any United States citizen employee

of the Department of State designated by the Secretary of State

to adjudicate nationality abroad pursuant to such regulations as

the Secretary may prescribe.’’. (b) PROVISIONS APPLICABLE TO CONSULAR OFFICERS.—Section

31 of the Act of August 18, 1856 (Rev. Stat. 1689; 22 U.S.C.

4191), is amended by inserting after ‘‘such officers’’ the following:

‘‘and to such other United States citizen employees of the Department of State as may be designated by the Secretary of State

pursuant to such regulations as the Secretary may prescribe’’. (c) PERSONS AUTHORIZED TO AUTHENTICATE FOREIGN DOCU- MENTS.—Section 3492(c) of title 18 of the United States Code is

amended by adding at the end the following: ‘‘For purposes of

this section and sections 3493 through 3496 of this title, a consular

officer shall include any United States citizen employee of the

Department of State designated to perform notarial functions pursuant to section 24 of the Act of August 18, 1856 (Rev. Stat. 1750;

22 U.S.C. 4221).’’.

(d) PERSONS AUTHORIZED TO ADMINISTER OATHS.—Section 115

of title 35 of the United States Code is amended by adding at

the end the following: ‘‘For purposes of this section, a consular

officer shall include any United States citizen employee of the

Department of State designated to perform notarial functions pursuant to section 24 of the Act of August 18, 1856 (Rev. Stat. 1750;

22 U.S.C. 4221).’’.

(e) DEFINITION OF CONSULAR OFFICER.—Section 101(a)(9) of

the Immigration and Nationality Act (8 U.S.C. 1101(a)(9)) is

amended by adding at the end the following new sentence: ‘‘As

used in title III, the term ‘‘consular officer’’ includes any United

States citizen employee of the Department of State designated

by the Secretary of State to adjudicate nationality abroad pursuant

to such regulations as the Secretary may prescribe.’’.

SEC. 1235. FEE FOR DIVERSITY IMMIGRANT LOTTERY.

The Secretary of State may establish a fee to be paid by each alien who applies for an immigrant visa on the basis of

an approved petition filed under section 204(a)(1)(G) of the Immigration and Nationality Act. Such fee may be set at a level so as

to recover the full cost to the Department of State of administering

subsection (c) of section 203 of the Immigration and Nationality

Act, including the cost of processing all petitions thereunder. All

such fees collected shall be deposited as an offsetting collection

to any Department of State appropriation and shall remain available for obligation until expended. The provisions of the Act of

August 18, 1856 (Rev. Stat. 1726–28; 22 U.S.C. 4212–14), concerning accounting for consular fees, shall not apply to fees collected
H. R. 1561—59

pursuant to this section. Amounts deposited shall be available for

obligation and expenditure only in such amounts as are provided

in advance in appropriation Acts.

SEC. 1236. FEE FOR EXECUTION OF PASSPORT APPLICATIONS.

Section 1 of the Act of June 4, 1920 (41 Stat. 750; 22 U.S.C.

214) is amended by— (1) inserting before the period at the end of the first sen- tence the following: ‘‘; except that the Secretary of State may

by regulation authorize State officials or the United States

Postal Service to collect and retain the execution fee for each

application for a passport accepted by such officials or by that

Service’’; and

(2) striking the second sentence.

SEC. 1237. EXCLUSION FROM THE UNITED STATES FOR MEMBERSHIP

IN A TERRORIST ORGANIZATION.

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

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

(2) by inserting ‘‘or’’ at the end of clause (i)(II);

(3) by inserting after clause (i)(II) the following new

subclause:

‘‘(III) is a member of a terrorist organization

or who actively supports or advocates terrorist

activity,’’; and (4) by adding at the end the following new clause: ‘‘(iv) TERRORIST ORGANIZATION DEFINED.—As used

in this subparagraph, the term ‘terrorist organization’

means an organization that engages in, or has engaged

in, terrorist activity as determined by the Attorney

General, in consultation with the Secretary of State.’’.

SEC. 1238. TERRORIST LOOKOUT COMMITTEES.

(a) ESTABLISHMENT.— (1) Not later than 30 days after the date of enactment

of this Act, the Secretary of State shall establish within each

United States Embassy a Terrorist Lookout Committee, which

shall include the head of the political section and senior representatives of all United States law enforcement agencies and

all elements of the intelligence community under the authority

of the chief of mission.

(2) Each Committee shall be chaired by the respective

deputy chief of mission, with the head of the consular section

as vice chair.

(b) MEETINGS.—Each Terrorist Lookout Committee established

under subsection (a) shall meet at least monthly and shall maintain

records of its meetings. Upon the completion of each meeting, each

Committee shall report to the Department of State all names

submitted for inclusion in the visa lookout system.

(c) REPORTS.—

(1) The Secretary of State shall submit a report to the

appropriate congressional committees within 90 days after the

date of the enactment of this Act on the status of establishing

Terrorist Lookout Committees under this section and evaluating interagency cooperation in the process.

(2) Not later than April 1, 1997, the Secretary of State

shall submit a follow-up report to the appropriate congressional
H. R. 1561—60

committees detailing progress on submitting names for inclusion in the visa lookout system and evaluating cooperation

among agencies and embassy sections in maintaining lists of

such names.

SEC. 1239. INCITEMENT AS A BASIS FOR EXCLUSION FROM THE

UNITED STATES.

(a) IN GENERAL.—Section 212(a)(3)(B) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(3)(B)), as amended by this Act,

is further amended—

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

(2) in clause (i)(III) by inserting ‘‘or’’ at the end; and

(3) by inserting after clause (i)(III) the following new subclause:

‘‘(IV) has, under circumstances indicating an intention to cause death or serious bodily harm,

incited terrorism, engaged in targeted racial vilification, or advocated the overthrow of the United

States Government or death or serious bodily harm

to any United States citizen or United States

Government official,’’.

(b) EFFECTIVE DATE.—The amendments made by subsection (a) shall apply to aliens seeking to enter the United States on

or after the date of enactment of this Act.

CHAPTER 3—REFUGEES AND MIGRATION

SEC. 1251. REPORT TO CONGRESS CONCERNING CUBAN EMIGRATION

POLICIES.

Beginning 3 months after the date of the enactment of this

Act and every subsequent 6 months, the President shall submit

a report to the appropriate congressional committees concerning

the methods employed by the Government of Cuba to enforce the

United States-Cuba agreement of September 1994 to restrict the

emigration of the Cuban people from Cuba to the United States,

and the treatment by the Government of Cuba of persons who

have been returned to Cuba pursuant to the United States-Cuba

agreement of May 1995. Each report transmitted pursuant to this

section shall include a detailed account of United States efforts

to monitor such enforcement and treatment.

SEC. 1252. EXTENSION OF CERTAIN ADJUDICATION PROVISIONS.

The Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1990 (Public Law 101–167) is amended—

(1) in section 599D (8 U.S.C. 1157 note)—

(A) in subsection (b)(3), by striking ‘‘and 1996’’ and

inserting ‘‘1996, and 1997’’; and

(B) in subsection (e), by striking out ‘‘October 1, 1996’’

each place it appears and inserting ‘‘October 1, 1997’’;

and

(2) in section 599E (8 U.S.C. 1255 note) in subsection

(b)(2), by striking out ‘‘September 30, 1996’’ and inserting

‘‘September 30, 1997’’.

SEC. 1253. UNITED STATES POLICY REGARDING THE INVOLUNTARY

RETURN OF REFUGEES.

(a) IN GENERAL.—No funds authorized to be appropriated by

section 1104 of this Act or by section 2(c) of the Migration and
H. R. 1561—61

Refugee Assistance Act of 1962 (22 U.S.C. 2601(c)) shall be available

to effect the involuntary return of any person to a country in

which the person has a well founded fear of persecution on account

of race, religion, nationality, membership in a particular social

group, or political opinion. (b) INVOLUNTARY RETURN DEFINED.—As used in this section,

the term ‘‘effect the involuntary return’’ means to take action by

which it is reasonably foreseeable that a person will be required

to return to a country against the person’s will, regardless of

whether such return is induced by physical force and regardless

of whether the person is physically present in the United States.

SEC. 1254. REPORT ON IRAQI REFUGEES.

(a) REQUIREMENT.—Not later than 90 days after the date of the enactment of this Act, the Secretary of State shall submit

to the appropriate congressional committees a report describing

in detail the procedures for determining eligibility for resettlement

of Iraqi nationals from Saudi Arabia and Turkey to the United

States.

(b) REPORT.—The report under subsection (a) shall include the

following:(1) The history of the United States resettlement program for Iraqi refugees, including the number of such refugees resettled in the United States and in other countries during each

year since fiscal year 1991, as well as activities of the United

States Government, other governments, and international

organizations with respect to temporary protection for Iraqi

refugees in Saudi Arabia, Turkey, and other countries. (2) An evaluation and explanation of the continuing need for the program, including an evaluation of the prospects for

future resettlement of Iraqi refugees in countries other than

the United States and the impact of United States activities

on resettlement commitments by such countries and on the

actions of countries providing temporary protection. (3) A detailed analysis of the basis for claims of persecution of Iraqi refugees approved for resettlement in the United States. (4) A detailed description and evaluation of procedures

employed by United States personnel to ensure the denial of

fraudulent applications and the application of all grounds of

exclusion provided by United States law. (5) A detailed description of the acculturation program for Iraqi refugees selected for admission to the United States,

with particular reference to any differences between this program and similar programs for other refugees, and an evaluation of the continuing need for such program and for improvements therein.

SEC. 1255. PERSECUTION FOR RESISTANCE TO COERCIVE POPULATION

CONTROL METHODS.

Section 101(a)(42) of the Immigration and Nationality Act (8

U.S.C. 1101(a)(42)) is amended by adding at the end the following:

‘‘For purposes of determinations under this Act, a person who

has been forced to abort a pregnancy or to undergo involuntary

sterilization, or who has been persecuted for failure or refusal

to undergo such a procedure or for other resistance to a coercive

population control program, shall be deemed to have been persecuted on account of political opinion, and a person who has

a well founded fear that he or she will be forced to undergo such
H. R. 1561—62

a procedure or subjected to persecution for such failure, refusal,

or resistance shall be deemed to have a well founded fear of persecution on account of political opinion.’’.

SEC. 1256. UNITED STATES POLICY WITH RESPECT TO THE INVOLUNTARY RETURN OF PERSONS IN DANGER OF SUBJECTION

TO TORTURE.

(a) IN GENERAL.—No funds authorized to be appropriated by this Act, or by section 2(c) of the Migration and Refugee Assistance

Act of 1962 (22 U.S.C. 2601(c)), shall be available to expel, extradite,

or otherwise effect the involuntary return of any person to a country

in which there are substantial grounds for believing the person

would be in danger of being subjected to torture.

(b) DEFINITIONS.—

(1) IN GENERAL.—Except as otherwise provided, terms used

in this section have the meanings assigned under the United

Nations Convention Against Torture and Other Cruel, Inhuman

or Degrading Treatment or Punishment, subject to any reservations, understandings, declarations and provisos contained in

the United States resolution of advice and consent to ratification to such Convention.

(2) INVOLUNTARY RETURN.—As used in this section, the

term ‘‘effect the involuntary return’’ means to take action by

which it is reasonably foreseeable that a person will be required

to return to a country against the person’s will, regardless

of whether such return is induced by physical force and regardless of whether the person is physically present in the United

States.

TITLE XIII—ORGANIZATION OF THE DEPARTMENT OF STATE; DEPARTMENT

OF STATE PERSONNEL; THE FOREIGN

SERVICE

CHAPTER 1—ORGANIZATION OF THE DEPARTMENT OF

STATE

SEC. 1301. COORDINATOR FOR COUNTERTERRORISM.

(a) ESTABLISHMENT.—Section 1(f) of the State Department Basic

Authorities Act of 1956 (22 U.S.C. 2651a(f)) (as amended by section

213 of this Act) is amended—

(1) by striking ‘‘In’’ and inserting the following:

‘‘(1) In’’; and

(2) by inserting at the end the following:

‘‘(2) COORDINATOR FOR COUNTERTERRORISM.—

‘‘(A) There shall be within the office of the Secretary

of State a Coordinator for Counterterrorism (hereafter in

this paragraph referred to as the ‘Coordinator’) who shall

be appointed by the President, by and with the advice

and consent of the Senate.

‘‘(B)(i) The Coordinator shall perform such duties and

exercise such power as the Secretary of State shall prescribe.

‘‘(ii) The principal duty of the Coordinator shall be

the overall supervision (including policy oversight of
H. R. 1561—63

resources) of international counterterrorism activities. The

Coordinator shall be the principal advisor to the Secretary

of State on international counterterrorism matters. The

Coordinator shall be the principal counterterrorism official

within the senior management of the Department of State

and shall report directly to the Secretary of State.

‘‘(C) The Coordinator shall have the rank and status

of Ambassador-at-Large. The Coordinator shall be compensated at the annual rate of basic pay in effect for

a position at level IV of the Executive Schedule under

section 5314 of title 5, United States Code, or, if the

Coordinator is appointed from the Foreign Service, the

annual rate of pay which the individual last received under

the Foreign Service Schedule, whichever is greater.’’.

(b) TECHNICAL AND CONFORMING AMENDMENTS.—Section 161

of the Foreign Relations Authorization Act, Fiscal Years 1994 and

1995 (Public Law 103–236) is amended by striking subsection (e).

(c) TRANSITION PROVISION.—The individual serving as

Coordinator for Counterterrorism of the Department of State on

the day before the effective date of this division may continue

to serve in that position.

SEC. 1302. AUTHORITY OF UNITED STATES PERMANENT REPRESENTATIVE TO THE UNITED NATIONS.

Section 2(a) of the United Nations Participation Act of 1945

(22 U.S.C. 287(a)) is amended by striking ‘‘hold office at the pleasure

of the President’’ and inserting ‘‘serve at the pleasure of the President and subject to the direction of the Secretary of State’’.

SEC. 1303. SPECIAL ENVOY FOR TIBET.

(a) UNITED STATES SPECIAL ENVOY FOR TIBET.—The President

should appoint within the Department of State a United States

Special Envoy for Tibet, who shall hold office at the pleasure of

the President.

(b) RANK.—A United States Special Envoy for Tibet appointed under subsection (a) shall have the personal rank of ambassador

and shall be appointed by and with the advice and consent of

the Senate.

(c) SPECIAL FUNCTIONS.—The United States Special Envoy for

Tibet should be authorized and encouraged— (1) to promote substantive negotiations between the Dalai

Lama or his representatives and senior members of the Government of the People’s Republic of China;

(2) to promote good relations between the Dalai Lama

and his representatives and the United States Government,

including meeting with members or representatives of the

Tibetan government-in-exile; and

(3) to travel regularly throughout Tibet and Tibetan refugee

settlements.

(d) DUTIES AND RESPONSIBILITIES.—The United States Special

Envoy for Tibet should—

(1) consult with the Congress on policies relevant to Tibet

and the future and welfare of all Tibetan people;

(2) coordinate United States Government policies, programs, and projects concerning Tibet; and

(3) report to the Secretary of State regarding the matters

described in section 536(a)(2) of the Foreign Relations
H. R. 1561—64

Authorization Act, Fiscal Years 1994 and 1995 (Public Law

103–236).

SEC. 1304. RESPONSIBILITIES OF BUREAU CHARGED WITH MIGRATION

AND REFUGEE ASSISTANCE.

The Bureau of Migration and Refugee Assistance shall be the

bureau within the Department of State with principal responsibility

for assisting the Secretary in carrying out the Migration and Refugee Assistance Act of 1962 and shall not be charged with responsibility for assisting the Secretary in matters relating to family planning

or population policy.

SEC. 1305. ELIMINATION OF STATUTORY ESTABLISHMENT OF CERTAIN

POSITIONS OF THE DEPARTMENT OF STATE.

(a) ASSISTANT SECRETARY OF STATE FOR SOUTH ASIAN

AFFAIRS.—Section 122 of the Foreign Relations Authorization Act,

Fiscal Years 1992 and 1993 (22 U.S.C. 2652b) is repealed.

(b) DEPUTY ASSISTANT SECRETARY OF STATE FOR

BURDENSHARING.—Section 161 of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 (22 U.S.C. 2651a note) is

amended by striking subsection (f).

(c) ASSISTANT SECRETARY FOR OCEANS AND INTERNATIONAL

ENVIRONMENTAL AND SCIENTIFIC AFFAIRS.—Section 9 of the Department of State Appropriations Authorization Act of 1973 (22 U.S.C.

2655a) is repealed.

SEC. 1306. MANAGEMENT OF THE HUMAN RESOURCES OF THE DEPARTMENT OF STATE.

(a) POSITION.—Either the head or next most senior person

of the bureau or office within the Department of State with principal

responsibility for management of human resources and personnel

policies of the Department shall have substantial professional qualifications in the field of human resource policy and management. (b) DEFINITION.—For purposes of this section, the term

‘‘substantial professional qualifications in the field of human

resources policy and management’’ means in excess of 15 years

experience as a human resources management professional of which

at least 5 years shall have been gained in the private sector or

in government service outside the Foreign Service.

CHAPTER 2—PERSONNEL OF THE DEPARTMENT OF

STATE; THE FOREIGN SERVICE

SEC. 1351. AUTHORIZED STRENGTH OF THE FOREIGN SERVICE.

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

of the Foreign Service authorized to be employed as of September

30, 1996—

(1) for the Department of State, shall not exceed 9,000,

of whom not more than 660 shall be members of the Senior

Foreign Service;

(2) for the United States Information Agency, shall not

exceed 1,150, of whom not more than 160 shall be members

of the Senior Foreign Service; and

(3) for the Agency for International Development, not to

exceed 1,800, of whom not more than 225 shall be members

of the Senior Foreign Service.
H. R. 1561—65

(b) END FISCAL YEAR 1997 LEVELS.—The number of members

of the Foreign Service authorized to be employed as of September

30, 1997—

(1) for the Department of State, shall not exceed 8,800,

of whom not more than 660 shall be members of the Senior

Foreign Service; (2) for the United States Information Agency, not to exceed 1,100 of whom not more than 160 shall be members of the

Senior Foreign Service; and (3) for the Agency for International Development, not to exceed 1,775 of whom not more than 225 shall be members

of the Senior Foreign Service.

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

‘‘members of the Foreign Service’’ is used within the meaning of

such term under section 103 of the Foreign Service Act of 1980

(22 U.S.C 3903), except that such term does not include— (1) members of the Service under paragraphs (6) and (7) of such section;

(2) members of the Service serving under temporary resi- dent appointments abroad; (3) members of the Service employed on less than a full- time basis;

(4) members of the Service subject to involuntary separa- tion in cases in which such separation has been suspended

pursuant to section 1106(8) of the Foreign Service Act of 1980;

and

(5) members of the Service serving under non-career limited

appointments.

(d) WAIVER AUTHORITY.—(1) Subject to paragraph (2), the Presi- dent may waive any limitation under subsection (a) or (b) to the

extent that such waiver is necessary to carry on the foreign affairs

functions of the United States.

(2) Not less than 15 days before the President exercises a waiver under paragraph (1), such agency head shall notify the

Chairman of the Committee on Foreign Relations of the Senate

and the Chairman of the Committee on International Relations

of the House of Representatives of the President’s intention to

exercise the waiver authority. Such notice shall include an explanation of the circumstances and necessity for such waiver.

SEC. 1352. RESTRICTION ON LOBBYING ACTIVITIES OF FORMER

UNITED STATES CHIEFS OF MISSION.

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

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

(2) in subparagraph (C), by inserting ‘‘or’’ after ‘‘title 3,’’; and

(3) by inserting after subparagraph (C) the following new

subparagraph:

‘‘(D) serves in the position of chief of mission (as defined

in section 102(3) of the Foreign Service Act of 1980),’’.

SEC. 1353. LIMITATIONS ON MANAGEMENT ASSIGNMENTS.

Section 1017(e)(2) of the Foreign Service Act of 1980 (22 U.S.C.

4117(e)(2)) is amended to read as follows:

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

(1)(B), the term ‘management official’ does not include chiefs of

mission, principal officers or their deputies, administrative and

personnel officers abroad, or individuals described in section
H. R. 1561—66

1002(12) (B), (C), and (D) who are not involved in the administration

of this chapter or in the formulation of the personnel policies

and programs of the Department.’’.

SEC. 1354. NONOVERTIME DIFFERENTIAL PAY.

Title 5 of the United States Code is amended—

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

the following new sentence: ‘‘For employees serving outside

the United States in areas where Sunday is a routine workday

and another day of the week is officially recognized as the

day of rest and worship, the Secretary of State may designate

the officially recognized day of rest and worship as the day

with respect to which additional pay is authorized by the

preceding sentence.’’; and

(2) at the end of section 5546(a), by adding the following

new sentence: ‘‘For employees serving outside the United States

in areas where Sunday is a routine workday and another day

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

worship, the Secretary of State may designate the officially

recognized day of rest and worship as the day with respect

to which additional pay is authorized by the preceding sentence.’’.

SEC. 1355. RECOVERY OF COSTS OF HEALTH CARE SERVICES.

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

1980 (22 U.S.C. 4084) is amended—

(1) in subsection (a)—

(A) by striking ‘‘and’’ before ‘‘members of the families

of such members and employees’’; and (B) by inserting immediately before the period ‘‘, and for care provided abroad) such other persons as are designated by the Secretary of State, except that such persons

shall be considered persons other than covered beneficiaries

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

(2) in subsection (d), by inserting ‘‘, subject to the provisions of subsections (g) and (h)’’ after ‘‘treatment’’; and (3) by adding the following new subsections: ‘‘(g)(1) In the case of a person who is a covered beneficiary,

the Secretary of State is authorized to collect from a third-party

payer the reasonable costs incurred by the Department of State

on behalf of such person for health care services to the same

extent that the covered beneficiary would be eligible to receive

reimbursement or indemnification from the third-party payer for

such costs.

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

of that third-party payer includes a requirement for a deductible

or copayment by the beneficiary of the plan, then the Secretary

of State may collect from the third-party payer only the reasonable

costs of the care provided less the deductible or copayment amount.

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

deductible or copayment for health care services under this subsection.

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

plan contract or agreement having the effect of excluding from

coverage or limiting payment of charges for care in the following

circumstances shall operate to prevent collection by the Secretary

of State under paragraph (1) for—
H. R. 1561—67

‘‘(A) care provided directly or indirectly by a governmental

entity;

‘‘(B) care provided to an individual who has not paid a

required deductible or copayment; or

‘‘(C) care provided by a provider with which the thirdparty payer has no participation agreement.

‘‘(5) No law of any State, or of any political subdivision of

a State, and no provision of any contract or agreement shall operate

to prevent or hinder recovery or collection by the United States

under this section.

‘‘(6) As to the authority provided in paragraph (1) of this subsection—

‘‘(A) the United States shall be subrogated to any right

or claim that the covered beneficiary may have against a thirdparty payer;

‘‘(B) the United States may institute and prosecute legal

proceedings against a third-party payer to enforce a right of

the United States under this subsection; and

‘‘(C) the Secretary may compromise, settle, or waive a

claim of the United States under this subsection.

‘‘(7) The Secretary shall prescribe regulations for the administration of this subsection and subsection (h). Such regulations shall

provide for computation of the reasonable cost of health care services.

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

that medical records of a covered beneficiary receiving health care

under this subsection shall be made available for inspection and

review by representatives of the payer from which collection by

the United States is sought for the sole purpose of permitting

the third party to verify— ‘‘(A) that the care or services for which recovery or collection

is sought were furnished to the covered beneficiary; and ‘‘(B) that the provisions of such care or services to the

covered beneficiary meets criteria generally applicable under

the health plan contract involved, except that this paragraph

shall be subject to the provisions of paragraphs (2) and (4).

‘‘(9) Amounts collected under this subsection or under subsection (h) from a third-party payer or from any other payer shall

be deposited as an offsetting collection to any Department of State

appropriation and shall remain available until expended. Amounts

deposited shall be obligated and expended only to the extent and

in such amounts as are provided in advance in an appropriation

Act.

‘‘(10) For purposes of this section—

‘‘(A) the term ‘covered beneficiary’ means an individual

eligible to receive health care under this section whose health

care costs are to be paid by a third-party payer under a contractual agreement with such payer;

‘‘(B) the term ‘services’, as used in ‘health care services’

includes products; and

‘‘(C) the term ‘third-party payer’ means an entity that

provides a fee-for-service insurance policy, contract, or similar

agreement through the Federal Employees Health Benefit program, under which the expenses of health care services for

individuals are paid.

‘‘(h) In the case of a person, other than a covered beneficiary,

who receives health care services pursuant to this section, the
H. R. 1561—68

Secretary of State is authorized to collect from such person the

reasonable costs of health care services incurred by the Department

of State on behalf of such person. The United States shall have

the same rights against persons subject to the provisions of this

subsection as against third-party payers covered by subsection (g).’’.

(b) EFFECTIVE DATE.—Subsection (a) shall take effect October

1, 1996.

SEC. 1356. REPORT ON PROMOTION AND RETENTION OF PERSONNEL.

Section 601(c)(4) of the Foreign Service Act of 1980 (22 U.S.C.

4001(c)(4)) is amended—

(1) by striking ‘‘and’’ at the end of subparagraph (B);

(2) by striking the period at the end of subparagraph (C)

and inserting ‘‘; and’’; and

(3) by adding at the end the following new subparagraph:

‘‘(D) include on a biennual basis the comments of the

Inspector General for Foreign Affairs with respect to the adequacy of the reports on the matters described in this paragraph.’’.

SEC. 1357. FOREIGN SERVICE REFORM.

(a) APPOINTMENTS BY THE PRESIDENT.—Section 302(b) of the

Foreign Service Act of 1980 (22 U.S.C. 3942(b)) is amended in

the second sentence—

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

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

‘‘Service.’’.

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

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

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

‘‘Subject to subsection (e), members’’; and

(2) by adding at the end the following new subsection:

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

of State may provide for recognition of the meritorious or distinguished service of a member of the Foreign Service described in

subsection (a) (including members of the Senior Foreign Service)

by means other than an award of performance pay in lieu of

making such an award under this section.’’.

(c) EXPEDITED SEPARATION OUT.—Not later than 90 days after

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

develop and implement procedures to identify, and recommend for

separation, members of the Foreign Service ranked by promotion

boards in the bottom five percent of their class for any two of

the five preceding years.
H. R. 1561—69

TITLE XIV—UNITED STATES PUBLIC

DIPLOMACY: AUTHORITIES AND

ACTIVITIES FOR UNITED STATES INFORMATIONAL, EDUCATIONAL, AND

CULTURAL PROGRAMS

SEC. 1401. AVAILABILITY OF VOICE OF AMERICA AND RADIO MARTI

MULTILINGUAL COMPUTER READABLE TEXT AND VOICE

RECORDINGS.

(a) IN GENERAL.—Notwithstanding section 208 of the Foreign Relations Authorization Act, Fiscal Years 1986 and 1987 (22 U.S.C.

1461–1a) and the second sentence of section 501 of the United

States Information and Educational Exchange Act of 1948 (22

U.S.C. 1461), the Director of the United States Information Agency

is authorized to make available, upon request, to the Linguistic

Data Consortium of the University of Pennsylvania computer readable multilingual text and recorded speech in various languages.

The Consortium shall, directly or indirectly as appropriate,

reimburse the Director for any expenses involved in making such

materials available.

(b) TERMINATION.—Subsection (a) shall cease to have effect

5 years after the date of the enactment of this Act.

SEC. 1402. CENTER FOR CULTURAL AND TECHNICAL INTERCHANGE

BETWEEN NORTH AND SOUTH.

Section 208(e) of the Foreign Relations Authorization Act, Fiscal

Years 1992 and 1993 (22 U.S.C. 2075(e)) is amended by striking

‘‘$10,000,000’’ and inserting ‘‘$4,000,000’’.

SEC. 1403. EXPANSION OF MUSKIE FELLOWSHIP PROGRAM.

Section 227 of the Foreign Relations Authorization Act, Fiscal

Years 1992 and 1993 (22 U.S.C. 2452 note) is amended—

(1) in subsection (a), by striking ‘‘Soviet Union, Lithuania,

Latvia, and Estonia’’ and inserting ‘‘former Soviet Union,

Lithuania, Latvia, Estonia, Albania, Bulgaria, Croatia, Czech

Republic, Hungary, Poland, Romania, Slovenia, and the Former

Yugoslav Republic of Macedonia’’;

(2) in subsection (c)(5), by striking ‘‘law,’’ in the first sentence and all that follows through the end of paragraph (5)

and inserting ‘‘journalism, law, library and information science,

public administration, and public policy.’’; (3) in subsection (b), by striking ‘‘Soviet Union, Lithuania,

Latvia, and Estonia’’ and inserting ‘‘countries specified in subsection (a)’’;

(4) in subsection (c)(11), by striking ‘‘Soviet republics,

Lithuania, Latvia, and Estonia’’ and inserting ‘‘countries specified in subsection (a)’’; and

(5) in the section heading, by striking ‘‘THE SOVIET

UNION, LITHUANIA, LATVIA, AND ESTONIA’’ and inserting ‘‘CERTAIN EURASIAN COUNTRIES’’.

SEC. 1404. MANSFIELD FELLOWSHIP PROGRAM REQUIREMENTS.

Section 253(4)(B) of the Foreign Relations Authorization Act,

Fiscal Years 1994 and 1995 (22 U.S.C. 6102(4)(B)) is amended
H. R. 1561—70

by striking ‘‘certain’’ and inserting the following: ‘‘, under criteria

established by the Mansfield Center for Pacific Affairs, certain

allowances and benefits not to exceed the amount of equivalent’’.

SEC. 1405. PILOT PROGRAM ON ADVERTISING ON USIA TELEVISION

AND RADIO BROADCASTS.

(a) IN GENERAL.—(1) The Director of the United States Information Agency shall carry out a pilot program to determine the feasibility and advisability of permitting advertisements on the television

broadcasts and radio broadcasts of the USIA, including broadcasts

of the Voice of America, Radio Marti/TV Marti, Worldnet, Radio

Free Europe/Radio Liberty, and Radio Free Asia.

(2) The Director shall commence carrying out the pilot program

not later than 90 days after the date of the transmittal to Congress

of the plan required under subsection (b).

(3) The Director shall carry out the pilot program for 12 months.

(b) PROGRAM PLAN.—(1) Not later than 120 days after the

date of the enactment of this Act, the Director shall prepare and

transmit to Congress a plan for carrying out the pilot program

required under subsection (a).

(2) In preparing the plan, the Director shall solicit and take

into account the comments of other broadcasting entities funded

by the United States Government on the experiences of and advantages and disadvantages to public television and radio broadcast

stations of permitting advertisements on the broadcasts of such

stations.

(c) TREATMENT OF REVENUES.—Notwithstanding any other

provision of law, the Director may use any revenues received by

the USIA under the pilot program to pay for the cost of the radio

and television broadcasting activities of the USIA. Such funds shall

be available for that purpose without fiscal year limitation.

(d) PROGRAM REPORT.—Not later than 60 days after the date

of the completion of the pilot program, the Director shall submit

to Congress a report on the pilot program. The report shall include

the following:

(1) A description of the pilot program, including the number

and type of advertisements aired under the pilot program and

the revenues received as a result of the advertisements.

(2) An estimate of the number and type of advertisements

that would be carried on the television broadcasts and radio

broadcasts of the USIA on an annual basis after the completion

of the pilot program if the USIA were authorized to continue

to carry such advertisements, and the revenues that the USIA

would receive as a result of carrying such advertisements.

(3) An assessment of the feasibility and advisability of

permitting advertisements on the television broadcasts and

radio broadcasts of the USIA, including a discussion of the

advisability of permitting such advertisements by—

(A) United States entities;

(B) foreign governments;

(C) foreign individuals or entities; and

(D) a combination of such entities, governments, and

individuals.

(e) REGULATIONS.—The Director may prescribe regulations to

carry out the pilot program.
H. R. 1561—71

SEC. 1406. CHANGES IN ADMINISTRATIVE AUTHORITIES.

(a) CONTRACT AUTHORITY FOR VOICE OF AMERICA RADIO FACIL- ITY.—Section 235 of the Foreign Relations Authorization Act, Fiscal Years 1990 and 1991 (Public Law 101–246) is amended by inserting

‘‘Tinian,’’ after ‘‘Sao Tome,’’.

(b) AVAILABILITY OF APPROPRIATIONS.—Section 701(f)(4) of the

United States Information and Educational Exchange Act of 1948

(22 U.S.C. 1476(f)) is amended by striking ‘‘September 30, 1995’’

and inserting ‘‘March 1, 1997’’. (c) TECHNICAL CORRECTION.—Section 314(2)(B) of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 (22 U.S.C.

6213(2)(B)) is amended by striking ‘‘section 307(e)’’ and inserting

‘‘section 308(d)’’.

(d) RADIO BROADCASTING TO CUBA.—Section 4 of the Radio

Broadcasting to Cuba Act (22 U.S.C. 1465b) is amended by striking

‘‘Director of the Voice of America’’ and inserting ‘‘Director of the

International Broadcasting Bureau’’. (e) TELEVISION BROADCASTING TO CUBA.—Section 244(a) of the

Television Broadcasting to Cuba Act (22 U.S.C. 1465cc(a)) is

amended in the third sentence by striking ‘‘Voice of America’’ and

inserting ‘‘International Broadcasting Bureau’’. (f) INTERNATIONAL BROADCASTING BUREAU.—Section 307 of the

Foreign Relations Authorization Act, Fiscal Years 1994 and 1995

(Public Law 103–236) is amended by adding at the end the following

new subsection:

‘‘(c) CONSOLIDATION OF ENGINEERING FUNCTION.—For the purpose of achieving economies and eliminating duplication, the Director of the United States Information Agency is authorized to

appoint, during 1996, up to 5 otherwise qualified United States

citizens employed in the Office of the Vice President for Engineering

and Technical Operations of RFE/RL, Incorporated, to the competitive service or the career Foreign Service of the United States

Information Agency in accordance with the provisions of title 5

of the United States Code, and without regard to section 301(b)

or 306 of the Foreign Service Act of 1980, governing appointments

in the Foreign Service. Prior service with RFE/RL, Incorporated,

by an individual appointed under this subsection shall be credited

in determining the length of service of the individual for reduction

in force purposes and toward establishing the career tenure of

the individual.’’.

(g) USE OF FEES FROM EDUCATIONAL ADVISING.—Section 810

of the United States Information and Educational Exchange Act

of 1948 (22 U.S.C. 1475e) is amended by inserting ‘‘, educational

advising,’’ after ‘‘English-teaching’’.

SEC. 1407. RETENTION OF INTEREST.

Notwithstanding any other provision of law, with the approval

of the National Endowment for Democracy, grant funds made available by the National Endowment for Democracy may be deposited

in interest-bearing accounts pending disbursement and any interest

which accrues may be retained by the grantee and used for the

purposes for which the grant was made.

SEC. 1408. CONDUCT OF CERTAIN EDUCATIONAL AND CULTURAL

EXCHANGE PROGRAMS.

In carrying out programs of educational and cultural exchange

in countries whose people do not fully enjoy freedom and democracy
H. R. 1561—72

(including but not limited to China, Vietnam, Cambodia, Tibet,

and Burma), the Director of the United States Information Agency

shall take appropriate steps to provide opportunities for participation in such programs to human rights and democracy leaders

of such countries.

SEC. 1409. EXTENSION OF AU PAIR PROGRAMS.

(a) REPEAL.—Section 581 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1996 (Public

Law 104–107) is repealed. (b) AUTHORITY FOR AU PAIR PROGRAMS.—The Director of the

United States Information Agency is authorized to continue to

administer an au pair program, operating on a world-wide basis,

through fiscal year 1999. (c) REPORT.—Not later than October 1, 1998, the Director of

the United States Information Agency shall submit a report regarding the continued extension of au pair programs to the appropriate

congressional committees. This report shall specifically detail the

compliance of all au pair organizations with regulations governing

au pair programs as published on February 15, 1995.

SEC. 1410. EDUCATIONAL AND CULTURAL EXCHANGES AND SCHOLARSHIPS FOR TIBETANS AND BURMESE.

(a) ESTABLISHMENT OF EDUCATIONAL AND CULTURAL EXCHANGE

FOR TIBETANS.—The Director of the United States Information

Agency shall establish programs of educational and cultural

exchange between the United States and the people of Tibet. Such

programs shall include opportunities for training and, as the Director considers appropriate, may include the assignment of personnel

and resources abroad.

(b) SCHOLARSHIPS FOR TIBETANS AND BURMESE.— (1) For each of the fiscal years 1996 and 1997, at least

30 scholarships shall be made available to Tibetan students

and professionals who are outside Tibet, and at least 15 scholarships shall be made available to Burmese students and professionals who are outside Burma.

(2) WAIVER.—Paragraph (1) shall not apply to the extent

that the Director of the United States Information Agency

determines that there are not enough qualified students to

fulfill such allocation requirement.

(3) SCHOLARSHIP DEFINED.—For the purposes of this section, the term ‘‘scholarship’’ means an amount to be used for

full or partial support of tuition and fees to attend an educational institution, and may include fees, books, and supplies,

equipment required for courses at an educational institution,

living expenses at a United States educational institution, and

travel expenses to and from, and within, the United States.

SEC. 1411. INITIATION OF BROADCASTS BY RADIO FREE ASIA.

Section 309 of the United States International Broadcasting

Act of 1994 (22 U.S.C. 6208) is amended by adding at the end

the following new subsection:

‘‘(j) Not later than 180 days after the date of the enactment

of the Foreign Relations Authorization Act, Fiscal Years 1996 and

1997, Radio Free Asia shall initiate regular broadcasts to the People’s Republic of China, Burma, Cambodia, Laos, North Korea,

Tibet, and Vietnam. Such broadcasts shall be conducted under

the name ‘Radio Free Asia’ and shall provide accurate and timely
H. R. 1561—73

information, news, and commentary about events in the respective

countries of Asia and elsewhere, and shall be a forum for a variety

of opinions and voices from within Asian nations whose people

do not fully enjoy freedom of expression.’’.

SEC. 1412. DISTRIBUTION WITHIN THE UNITED STATES OF THE UNITED

STATES INFORMATION AGENCY FILM ENTITLED ‘‘THE

FRAGILE RING OF LIFE’’.

Notwithstanding section 208 of the Foreign Relations

Authorization Act, Fiscal Years 1986 and 1987 (22 U.S.C. 1461–

1(a)) and the second sentence of section 501 of the United States

Information and Education Act of 1948 (22 U.S.C. 1461), the Director of the United States Information Agency may make available

for distribution within the United States the documentary entitled

‘‘The Fragile Ring of Life’’, a film about coral reefs around the

world.

TITLE XV—INTERNATIONAL

ORGANIZATIONS AND COMMISSIONS

CHAPTER 1—GENERAL PROVISIONS

SEC. 1501. TERMINATION OF UNITED STATES PARTICIPATION IN CERTAIN INTERNATIONAL ORGANIZATIONS.

(a) IN GENERAL.—Subject to subsection (b) and notwithstanding

any other provision of law, none of the funds authorized to be

appropriated by this Act or any other provision of law may be

used for payment of United States membership in any of the following organizations:

(1) The United Nations Industrial Development Organization.

(2) Pan American Railway Congress Association.

(3) The International Cotton Advisory Committee.

(4) The World Tourism Organization.

(5) The Inter-American Indian Institute.

(6) International Tropical Timber Organization.

(b) EXPENSES PENDING TERMINATION OF UNITED STATES MEMBERSHIP.—Notwithstanding the requirements of subsection (a),

funds authorized to be appropriated under this Act, to the extent

required under any treaty to which the United States is a party,

may be used to make payments to the organizations identified

in subsection (a) during the period beginning on the date that

the United States gives notice pursuant to such treaty of the intent

to terminate United States membership in the organization as

promptly as permitted by such treaty and ending on the date

that the termination of United States membership takes effect.

SEC. 1502. INTERNATIONAL BOUNDARY AND WATER COMMISSION.

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

is amended in section 3 (22 U.S.C. 277b) by adding at the end

the following new subsection:

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

to facilitate further compliance with the terms of the Convention

for Equitable Distribution of the Waters of the Rio Grande, May

21, 1906, United States-Mexico, the Secretary of State, acting

through the United States Commissioner of the International
H. R. 1561—74

Boundary and Water Commission, may make improvements to the

Rio Grande Canalization Project, originally authorized by the Act

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

all such works as may be needed to stabilize the Rio Grande

in the reach between the Percha Diversion Dam in New Mexico

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

SEC. 1503. PROHIBITION ON ASSISTANCE TO INTERNATIONAL

ORGANIZATIONS ESPOUSING WORLD GOVERNMENT.

None of the funds authorized to be made available by this

Act shall be used—

(1) to pay the United States contribution to any international organization which engages in the direct or indirect

promotion of the principle or doctrine of one world government

or one world citizenship; or

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

or doctrine of one world government or one world citizenship.

SEC. 1504. INTERNATIONAL COVENANT ON CIVIL AND POLITICAL

RIGHTS.

(a) FINDINGS.—The Congress makes the following findings:

(1) On April 2, 1992, the Senate approved a resolution

of advice and consent to ratification of the International Covenant on Civil and Political Rights, subject to reservations,

understandings, declarations, and a proviso intended, inter alia,

to protect the First Amendment rights of American citizens

and other United States constitutional rights and practices.

(2) In accordance with the action of the Senate, the President deposited the United States instrument of ratification

of the International Covenant on Civil and Political Rights

on June 8, 1992, and the Covenant entered into force for

the United States on September 8, 1992.

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

established under the Covenant to interpret the Covenant and

to receive complaints of noncompliance, adopted General Comment No. 24 regarding reservations to the Covenant. (4) In General Comment No. 24, the Human Rights

Committee claimed for itself the power to judge the validity

under international law of reservations to the Covenant, and

in the purported exercise of this power asserted that reservations of the type included in the Senate resolution of ratification

are invalid, and further asserted that invalid reservations will

be read out of instruments of ratification, ‘‘in the sense that

the Covenant will be operative for the reserving party without

benefit of the reservation’’.

(5) The purpose and effect of General Comment No. 24

is to seek to nullify as a matter of international law the reservations, understandings, declarations, and proviso contained in

the Senate resolution of ratification, thereby purporting to

impose legal obligations on the United States never accepted

by the United States.

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

Supremacy Clause of the United States Constitution and the

constitutional authority of the Senate with respect to the

approval of treaties, but also the First Amendment rights of

American citizens and the other United States constitutional

rights and practices protected by the reservations, understand-
H. R. 1561—75

ings, declarations, and proviso contained in the Senate resolution of ratification.

(b) RESTRICTION ON OBLIGATION OR EXPENDITURE OF FUNDS.—

(1) RESTRICTION.—Effective two years after the date of

enactment of this Act, no funds authorized to be appropriated

by this Act or any other Act, or otherwise made available,

may be obligated or expended for the conduct of any activity

which has the purpose or effect of—

(A) reporting to the Human Rights Committee in

accordance with Article 40 of the International Covenant

on Civil and Political Rights, or

(B) responding to any effort by the Human Rights

Committee to use the procedures of Articles 41 and 42

of the International Covenant on Civil and Political Rights

to resolve claims by other parties to the Covenant that

the United States is not fulfilling its obligations under

the Covenant,

until the President has submitted to the Congress the certification described in paragraph (2).

(2) CERTIFICATION.—The certification referred to in paragraph (1) is a certification by the President to the Congress

that the Human Rights Committee established under the International Covenant on Civil and Political Rights has—

(A) revoked its General Comment No. 24 adopted on

November 2, 1994; and

(B) expressly recognized the validity as a matter of

international law of the reservations, understandings, and

declarations contained in the United States instrument

of ratification of the International Covenant on Civil and

Political Rights.

SEC. 1505. UNITED STATES PARTICIPATION IN SINGLE COMMODITY

INTERNATIONAL ORGANIZATIONS.

Not later than 180 days after the date of the enactment of

this Act, the Secretary of State shall submit to the appropriate

congressional committees a report that—

(1) identifies the national interests, if any, that are served

by continuing United States participation in single-commodity

international organizations;

(2) assesses the current and projected costs of continuing

United States participation in such organizations in light of

the increasingly limited funds available to fund United States

participation in all international organizations;

(3) assesses the feasibility and desirability of the privatization of United States representation in such organizations;

and

(4) sets forth options for achieving the privatization of

the organizations if the Secretary determines that the privatization is feasible and desirable.

CHAPTER 2—UNITED NATIONS AND AFFILIATED

AGENCIES AND ORGANIZATIONS

SEC. 1521. REFORM IN BUDGET DECISIONMAKING PROCEDURES OF

THE UNITED NATIONS AND ITS SPECIALIZED AGENCIES.

(a) ASSESSED CONTRIBUTIONS.—Of amounts authorized to be

appropriated for ‘‘Assessed Contributions to International Organiza-
H. R. 1561—76

tions’’ by this Act, the President may withhold 20 percent of the

funds appropriated for the United States assessed contribution to

the United Nations or to any of its specialized agencies for any

calendar year if the United Nations or any such agency has failed

to implement or to continue to implement consensus-based decisionmaking procedures on budgetary matters which assure that sufficient attention is paid to the views of the United States and other

member states that are the major financial contributors to such

assessed budgets. (b) NOTICE TO CONGRESS.—The President shall notify the Con- gress when a decision is made to withhold any share of the United

States assessed contribution to the United Nations or its specialized

agencies pursuant to subsection (a) and shall notify the Congress

when the decision is made to pay any previously withheld assessed

contribution. A notification under this subsection shall include

appropriate consultation between the President (or the President’s

representative) and the Committee on International Relations of

the House of Representatives and the Committee on Foreign Relations of the Senate.

(c) CONTRIBUTIONS FOR PRIOR YEARS.—Subject to the availability of appropriations, payment of assessed contributions for prior

years may be made to the United Nations or any of its specialized

agencies notwithstanding subsection (a) if such payment would

further United States interests in that organization. (d) REPORT TO CONGRESS.—Not later than February 1 of each

year, the President shall submit to the appropriate congressional

committees a report concerning the amount of United States

assessed contributions paid to the United Nations and each of

its specialized agencies during the preceding calendar year.

SEC. 1522. REPORT ON UNICEF.

Not later than December 31, 1996, the Secretary of State shall

submit to the appropriate congressional committees a report on

(1) the progress of UNICEF toward effective financial, program,

and personnel management; (2) the progress of UNICEF in shifting

its health, child survival, and maternal survival programs toward

efficient and low-overhead contractors, with particular emphasis

on nongovernmental organizations; and (3) the extent to which

UNICEF has demonstrated its commitment to its traditional mission of child health and welfare and resisted pressure to become

involved in functions performed by other United Nations agencies.

SEC. 1523. UNITED NATIONS BUDGETARY AND MANAGEMENT REFORM.

(a) IN GENERAL.—(1) The United Nations Participation Act

of 1945 (22 U.S.C. 287 et seq.) is amended by adding at the end

the following new section:

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

‘‘(a) WITHHOLDING OF CONTRIBUTIONS.—

‘‘(1) ASSESSED CONTRIBUTIONS FOR REGULAR UNITED

NATIONS BUDGET.—At the beginning of each fiscal year, 20

percent of the amount of funds made available for that fiscal

year for United States assessed contributions for the regular

United Nations budget shall be withheld from obligation and

expenditure unless a certification for that fiscal year has been

made under subsection (b).

‘‘(2) ASSESSED CONTRIBUTIONS FOR UNITED NATIONS PEACEKEEPING.—At the beginning of each fiscal year, 50 percent
H. R. 1561—77

of the amount of funds made available for that fiscal year

for United States assessed contributions for United Nations

peacekeeping activities shall be withheld from obligation and

expenditure unless a certification for that fiscal year has been

made under subsection (b).

‘‘(3) VOLUNTARY CONTRIBUTIONS FOR UNITED NATIONS

PEACEKEEPING.—The United States may not during any fiscal

year pay any voluntary contribution to the United Nations

for international peacekeeping activities unless a certification

for that fiscal year has been made under subsection (b).

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

(a) for any fiscal year is a certification by the President to the

Congress, submitted on or after the beginning of that fiscal year,

of each of the following:

‘‘(1) The United Nations has an independent office of

Inspector General to conduct and supervise objective audits,

inspections, and investigations relating to programs and operations of the United Nations.

‘‘(2) The United Nations has an Inspector General who

was appointed by the Secretary General with the approval

of the General Assembly and whose appointment was made

principally on the basis of the appointee’s integrity and demonstrated ability in accounting, auditing, financial analysis,

law, management analysis, public administration, or investigation.

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

‘‘(A) make investigations and reports relating to the

administration of the programs and operations of the

United Nations;

‘‘(B) have access to all relevant records, documents,

and other available materials relating to those programs

and operations; and

‘‘(C) have direct and prompt access to any official of

the United Nations.

‘‘(4) The United Nations has fully implemented, and made

available to all member states, procedures designed to protect

the identity of, and prevent reprisals against, any staff member

of the United Nations making a complaint or disclosing information to, or cooperating in any investigation or inspection by,

the United Nations Inspector General.

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

designed to ensure compliance with recommendations of the

United Nations Inspector General.

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

Inspector General to issue an annual report and has ensured

that the annual report and all other relevant reports of the

Inspector General are made available to the General Assembly

without modification.

‘‘(7) The United Nations is committed to providing sufficient

budgetary resources to ensure the effective operation of the

United Nations Inspector General.’’.

(2) Section 10 of the United Nations Participation Act of 1945,

as added by paragraph (1), shall apply only with respect to fiscal

years after fiscal year 1996.

(b) WITHHOLDING OF CONTRIBUTIONS RELATED TO CONTRACTING

OF THE UNITED NATIONS.—The United Nations Participation Act
H. R. 1561—78

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

at the end the following new section:

‘‘SEC. 11. WITHHOLDING OF CONTRIBUTIONS.

‘‘(a) WITHHOLDING OF CONTRIBUTIONS RELATED TO TIMELY

NOTICE OF CONTRACT OPPORTUNITIES AND CONTRACT AWARDS.—

‘‘(1) WITHHOLDING OF ASSESSED CONTRIBUTIONS FOR REGULAR UNITED NATIONS BUDGET.—For fiscal year 1997 and for

each subsequent fiscal year, 3 percent of the amount of funds

made available for that fiscal year for United States assessed

contributions for the regular United Nations budget shall be

withheld from obligation and expenditure unless a certification

for that fiscal year has been made under paragraph (2).

‘‘(2) CERTIFICATION.—The certification referred to in paragraph (1) for any fiscal year is a certification by the President

to the Congress, submitted on or after the beginning of that

fiscal year, that the United Nations has implemented a system

requiring (A) prior notification for the submission of all qualified

bid proposals on all United Nations procurement opportunities

of more than $100,000, and (B) a public announcement of

the award of any contract of more than $100,000. To the extent

practicable, notifications shall be made in a widely available

business-related publication.

‘‘(b) WITHHOLDING OF CONTRIBUTIONS RELATED TO DISCRIMINATION AGAINST COMPANIES WHICH CHALLENGE CONTRACT AWARDS.—

‘‘(1) WITHHOLDING OF ASSESSED CONTRIBUTIONS FOR REGULAR UNITED NATIONS BUDGET.—For fiscal year 1997 and for

each subsequent fiscal year, 3 percent of the amount of funds

made available for that fiscal year for United States assessed

contributions for the regular United Nations budget shall be

withheld from obligation and expenditure unless a certification

for that fiscal year has been made under paragraph (2).

‘‘(2) CERTIFICATION.—The certification referred to in paragraph (1) for any fiscal year is a certification by the President

to the Congress, submitted on or after the beginning of that

fiscal year, that the procurement regulations of the United

Nations prohibit punitive actions such as the suspension of

contract eligibility for contractors who challenge contract

awards or complain about delayed payments.

‘‘(c) WITHHOLDING OF CONTRIBUTIONS RELATED TO ESTABLISHMENT OF A UNITED NATIONS CONTRACT REVIEW PROCESS.—

‘‘(1) WITHHOLDING OF ASSESSED CONTRIBUTIONS FOR REGULAR UNITED NATIONS BUDGET.—For fiscal year 1998 and for

each subsequent fiscal year, 3 percent of the amount of funds

made available for that fiscal year for United States assessed

contributions for the regular United Nations budget shall be

withheld from obligation and expenditure unless a certification

for that fiscal year has been made under paragraph (2).

‘‘(2) CERTIFICATION.—The certification referred to in paragraph (1) for any fiscal year is a certification by the President

to the Congress, submitted on or after the beginning of that

fiscal year, that the United Nations has established a contract

review process for contracts of more than $100,000 and a process to assure unsuccessful bidders a timely opportunity to challenge awards for contracts of more than $100,000 that such

bidders consider to have been made improperly.’’.
H. R. 1561—79

(c) PROCUREMENT INFORMATION.—Section 4(d) of the United

Nations Participation Act of 1945 (22 U.S.C. 287b(d)), as amended

by section 407 of the Foreign Relations Authorization Act, Fiscal

Years 1994 and 1995 (Public Law 103–236) is amended in paragraph (2)(B) by inserting before the period ‘‘, including local procurement contracts’’.

SEC. 1524. LIMITATION ON ASSESSMENT PERCENTAGE FOR PEACEKEEPING ACTIVITIES.

(a) AMENDMENT TO THE UNPA.—The United Nations Participa- tion Act of 1945 (22 U.S.C. 287 et seq.), as amended by this

Act, is further amended by adding at the end the following new

section:

‘‘SEC. 12. CONTRIBUTIONS FOR PEACEKEEPING ACTIVITIES.

‘‘(a) REASSESSMENT OF CONTRIBUTION PERCENTAGES.—The

Permanent Representative of the United States to the United

Nations should make every effort to ensure that the United Nations

completes an overall review and reassessment of each nation’s

assessed contributions for United Nations peacekeeping operations.

As part of the overall review and assessment, the Permanent Representative should make every effort to advance the concept that,

when appropriate, host governments and other governments in

the region where a United Nations peacekeeping operation is carried

out should bear a greater burden of its financial cost.

‘‘(b) LIMITATION ON ASSESSED CONTRIBUTION WITH RESPECT

TO A PEACEKEEPING OPERATION.—(1) Funds authorized to be appropriated for ‘Contributions for International Peacekeeping Activities’

for any fiscal year shall not be available for the payment of the

United States assessed contribution for a United Nations peacekeeping operation in an amount which is greater than 25 percent of

the total amount of all assessed contributions for that operation,

and any arrearages that accumulate as a result of assessments

in excess of 25 percent of the total amount of all assessed contributions for any United Nations peacekeeping operation shall not be

recognized or paid by the United States. ‘‘(2) Any penalties, interest, or other charges imposed on the

United States in connection with such contributions shall be credited as a part of the percentage limitation contained in the preceding

sentence.’’.

(b) EFFECTIVE DATE.—The limitation contained in section 12(b)

of the United Nations Participation Act of 1945, as added by subsection (a), shall apply only with respect to funds authorized to

be appropriated for ‘‘Contributions for International Peacekeeping

Activities’’ for fiscal years after fiscal year 1995.

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

Authorization Act, Fiscal Years 1994 and 1995, is repealed.

SEC. 1525. ANNUAL REPORT ON UNITED STATES CONTRIBUTIONS TO

UNITED NATIONS PEACEKEEPING ACTIVITIES.

Section 4(d)(1) of the United Nations Participation Act of 1945

(22 U.S.C. 287b(d)(1)) is amended—

(1) by redesignating subparagraph (D) as subparagraph

(E); and

(2) by inserting after subparagraph (C) the following new

subparagraph:

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

next fiscal year for United States participation in United
H. R. 1561—80

Nations peacekeeping activities, including a statement of

the aggregate amount of funds (from all accounts) and

the aggregate costs of in-kind contributions that the United

States proposes to make available to the United Nations

for that fiscal year for United Nations peacekeeping activities.’’.

SEC. 1526. PRIOR CONGRESSIONAL NOTIFICATION OF SECURITY COUNCIL VOTES ON UNITED NATIONS PEACEKEEPING ACTIVITIES.

Section 4 of the United Nations Participation Act of 1945 (22 U.S.C. 287b) is amended—

(1) by redesignating subsection (e) as subsection (f); and

(2) by inserting after subsection (d) the following: ‘‘(e) NOTICE TO CONGRESS OF PROPOSED UNITED NATIONS

PEACEKEEPING ACTIVITIES.—(1) Except as provided in paragraph (2), at least 5 days before any vote in the Security Council to

initiate, expand, or modify any United Nations peacekeeping activity or any other action under the Charter of the United Nations

which would involve the use of United States Armed Forces, the

President shall submit to the designated congressional committees

a notification with respect to the proposed action. The notification

shall include the following: ‘‘(A) A cost assessment of such action (including the total estimated cost and the United States share of such cost).

‘‘(B) Identification of the source of funding for the United States share of the costs of the action (whether in an annual

budget request, reprogramming notification, a rescission of

funds, a budget amendment, or a supplemental budget request).

‘‘(2)(A) If the President determines that an emergency exists which prevents submission of the 5-day advance notification specified in paragraph (1) and that the proposed action is in the national

security interests of the United States, the notification described

in paragraph (1) shall be provided in a timely manner but no

later than 48 hours after the vote by the Security Council. ‘‘(B) Determinations made under subparagraph (A) may not be delegated.’’.

SEC. 1527. CODIFICATION OF REQUIRED NOTICE TO CONGRESS OF

PROPOSED UNITED NATIONS PEACEKEEPING ACTIVITIES.

(a) REQUIRED NOTICE.—Section 4 of the United Nations Participation Act of 1945 (22 U.S.C. 287b) is amended— (1) by striking the second sentence of subsection (a);

(2) by redesignating subsections (e) and (f) (as redesignated by the preceding section) as subsections (f) and (g), respectively;

and

(3) by inserting after subsection (d) a new subsection (e) consisting of the text of subsection (a) of section 407 of the

Foreign Relations Authorization Act, Fiscal Years 1994 and

1995 (Public Law 103–236), revised—

(A) in paragraph (2)—

(i) in the matter preceding subparagraph (A), by

inserting ‘‘in written form not later than the 10th

day of’’ after ‘‘shall be provided’’;

(ii) in subparagraph (A)(iv), by inserting ‘‘(including facilities, training, transportation, communication,

and logistical support, but not including intelligence
H. R. 1561—81

activities reportable under title V of the National Security Act of 1947 (50 U.S.C. 413 et seq.))’’ after ‘‘covered

by the resolution’’; and

(iii) in subparagraph (B), by adding at the end

the following new clause:

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

assistance to or support for the operation (including

facilities, training, transportation, communication, and

logistical support, but not including intelligence activities reportable under title V of the National Security

Act of 1947 (50 U.S.C. 413 et seq.)), and an estimate

of the cost to the United States of such assistance

or support.’’;

(B) by striking paragraph (3);

(C) by redesignating paragraph (4) as paragraph (3)

and in the last sentence of subparagraph (A) of that paragraph by striking ‘‘and (ii)’’ and inserting ‘‘through (iv)’’;

(D) by inserting after paragraph (3) (as so redesignated) the following new paragraph:

‘‘(4) NEW UNITED NATIONS PEACEKEEPING OPERATION

DEFINED.—As used in paragraphs (2)(B) and (3), the term ‘new

United Nations peacekeeping operation’ includes any existing

or otherwise ongoing United Nations peacekeeping operation—

‘‘(A) that is to be expanded by more than 25 percent

during the period covered by the Security Council resolution, as measured by either the number of personnel participating (or authorized to participate) in the operation or

the budget of the operation; or

‘‘(B) that is to be authorized to operate in a country

in which it was not previously authorized to operate.’’;

and

(E) in paragraph (5)—

(i) by striking ‘‘(5) NOTIFICATION’’ and all that follows through ‘‘(B) The President’’ and inserting ‘‘(5)

QUARTERLY REPORTS.—The President’’; and

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

through ‘‘of this section)’’ and inserting ‘‘subsection

(d)’’.

(b) CONFORMING REPEAL.—Subsection (a) of section 407 of the

Foreign Relations Authorization Act, Fiscal Years 1994 and 1995

(Public Law 103–236), is repealed.

(c) DESIGNATED CONGRESSIONAL COMMITTEES.—Subsection (g)

of section 4 of the United Nations Participation Act of 1945 (22

U.S.C. 287b(g)), as redesignated by subsection (a), is amended to

read as follows:

‘‘(g) DESIGNATED CONGRESSIONAL COMMITTEES.—As used in this

section, the term ‘designated congressional committees’ means the

Committee on Appropriations and the Committee on Foreign Relations of the Senate and the Committee on Appropriations and

the Committee on International Relations of the House of Representatives.’’.

SEC. 1528. RESTRICTIONS ON INTELLIGENCE SHARING WITH THE

UNITED NATIONS.

The United Nations Participation Act of 1945 (22 U.S.C. 287

et seq.) is amended by adding at the end the following new section:
H. R. 1561—82

‘‘SEC. 13. RESTRICTIONS ON INTELLIGENCE SHARING WITH THE

UNITED NATIONS.

‘‘(a) PROVISION OF INTELLIGENCE INFORMATION TO THE UNITED

NATIONS.—(1) No United States intelligence information may be provided to the United Nations or any organization affiliated with

the United Nations, or to any official or employee thereof, unless

the President certifies to the Committee on Foreign Relations and

the Select Committee on Intelligence of the Senate and the Committee on International Relations and the Permanent Select Committee

on Intelligence of the House of Representatives that the Director

of Central Intelligence (in this section referred to as the ‘DCI’),

in consultation with the Secretary of State and the Secretary of

Defense, has required, and such organization has established and

implemented, procedures for protecting intelligence sources and

methods (including protection from release to nations and foreign

nationals that are otherwise not eligible to receive such information)

no less stringent than procedures maintained by nations with which

the United States regularly shares similar types of intelligence

information. Such certification shall include a description of the

procedures in effect at such organization. ‘‘(2) Paragraph (1) may be waived upon written certification

by the President to the appropriate committees of Congress that

providing such information to the United Nations or an organization

affiliated with the United Nations, or to any official or employee

thereof, is in the national security interest of the United States

and that all possible measures protecting such information have

been taken, except that such waiver must be made for each instance

such information is provided, or for each such document provided.

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

periodically report, but not less frequently than quarterly, to the

Committee on Foreign Relations and the Select Committee on Intelligence of the Senate and the Committee on International Relations

and the Permanent Select Committee on Intelligence of the House

of Representatives on the types and volume of intelligence provided

to the United Nations and the purposes for which it was provided

during the period covered by the report. Such periodic reports

shall be submitted to the Select Committee on Intelligence of the

Senate and the Permanent Select Committee on Intelligence of

the House of Representatives with an annex containing a counterintelligence and security assessment of all risks, including an

evaluation of any potential adverse impact on national collection

systems, of providing intelligence to the United Nations, together

with information on how such risks have been addressed.

‘‘(2) The President shall submit a special report to the Committee on Foreign Relations and the Select Committee on Intelligence

of the Senate and the Committee on International Relations and

the Permanent Select Committee on Intelligence of the House of

Representatives within 15 days after the United States Government

becomes aware of any unauthorized disclosure of intelligence provided to the United Nations by the United States.

‘‘(c) LIMITATION.—The restrictions of subsection (a) and the

requirement for periodic reports under paragraph (1) of subsection

(a) shall not apply to the provision of intelligence that is provided

only to, and for the use of, appropriately cleared United States

Government personnel serving with the United Nations.

‘‘(d) DELEGATION OF DUTIES.—The President may not delegate

or assign the duties of the President under subsection (a).
H. R. 1561—83

‘‘(e) RELATIONSHIP TO EXISTING LAW.—Nothing in this section

shall be construed to—

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

of Central Intelligence to protect intelligence sources and methods from unauthorized disclosure pursuant to section 103(c)(5)

of the National Security Act of 1947 (50 U.S.C. 403–3(c)(5));

or

‘‘(2) supersede or otherwise affect the provisions of title

V of the National Security Act of 1947 (50 U.S.C. 413 et

seq.).’’.

TITLE XVI—FOREIGN POLICY

PROVISIONS

SEC. 1601. APPLICABILITY OF TAIWAN RELATIONS ACT.

Section 3 of the Taiwan Relations Act (22 U.S.C. 3302) is

amended by adding at the end the following new subsection:

‘‘(d) The provisions of subsections (a) and (b) supersede any

provision of the Joint Communique of the United States and China

of August 17, 1982.’’.

SEC. 1602. REPORT ON OCCUPIED TIBET.

(a) REPORT ON UNITED STATES-TIBET RELATIONS.—Not later

than 6 months after the date of enactment of this Act, and every

12 months thereafter, the Secretary of State shall submit to the

Chairman of the Committee on Foreign Relations of the Senate

and the Speaker of the House of Representatives a report on the

state of relations between the United States and those recognized

by Congress as the true representatives of the Tibetan people,

the Dalai Lama, his representatives, and the Tibetan Government

in exile, and on conditions in Tibet.

(b) SEPARATE TIBET REPORTS.—

(1) It is the sense of the Congress that whenever an executive branch report is transmitted to the Congress on a countryby-country basis there should be included in such report, where

applicable, a separate report on Tibet listed alphabetically with

its own state heading.

(2) The reports referred to in paragraph (1) include, but

are not limited to, reports transmitted under sections 116(d)

and 502B(b) of the Foreign Assistance Act of 1961 (relating

to human rights).

SEC. 1603. TAIPEI REPRESENTATIVE OFFICE.

For purposes of carrying out its activities in the United States,

the instrumentality known as the Taipei Economic and Cultural

Representative Office as of the date of enactment of this Act shall,

on and after such date, be permitted to operate under the name

‘‘Taipei Representative Office’’.

SEC. 1604. EFFORTS AGAINST EMERGING INFECTIOUS DISEASES.

(a) PRIORITIZATION.—The President shall give urgent priority

to the strengthening of efforts against emerging infectious diseases

through the development of appropriate United States Government

strategies and response mechanisms.

(b) STRATEGIC PLAN.—Not later than 6 months after the date

of the enactment of this Act, the President shall submit to the
H. R. 1561—84

Speaker of the House of Representatives and the Committee on

Foreign Relations of the Senate a report outlining a United States

strategic plan, in cooperation with the international public health

infrastructure, to identify and respond to the threat of emerging

infectious diseases to the health of the people of the United States.

SEC. 1605. STATUTORY CONSTRUCTION.

Section 33 of the Arms Control and Disarmament Act (22

U.S.C. 2573) is amended by adding at the end the following new

subsection:

‘‘(c) STATUTORY CONSTRUCTION.—Nothing contained in this chapter shall be construed to authorize any policy or action by

any Government agency which would interfere with, restrict, or

prohibit the acquisition, possession, or use of firearms by an individual for the lawful purpose of personal defense, sport, recreation,

education, or training.’’.

SEC. 1606. REPORTS REGARDING HONG KONG.

(a) EXTENSION OF REPORTING REQUIREMENT.—Section 301 of

the United States-Hong Kong Policy Act of 1992 (22 U.S.C. 5731)

is amended in the text above paragraph (1) by striking ‘‘and March

31, 2000,’’ and inserting ‘‘March 31, 2000, and every year thereafter,’’.

(b) ADDITIONAL REQUIREMENTS.—In light of deficiencies in

reports submitted to the Congress pursuant to section 301 of the

United States-Hong Kong Policy Act of 1992 (22 U.S.C. 5731),

reports required to be submitted under that section on or after

the date of enactment of this Act shall include detailed information

on the status of, and other developments affecting, implementation

of the Sino-British Joint Declaration on the Question of Hong Kong,

including—(1) the Basic Law and its consistency with the Joint Declaration;

(2) the openness and fairness of elections to the legislature;

(3) the openness and fairness of the election of the chief

executive and the executive’s accountability to the legislature; (4) the treatment of political parties;

(5) the independence of the judiciary and its ability to

exercise the power of final judgment over Hong Kong law; (6) the Bill of Rights;

(7) a list of all treaties and international agreements (including multilateral conventions) in force as of July 1, 1997,

between the United States and Hong Kong, or between the

United States and the United Kingdom which apply to Hong

Kong; and (8) a short description of the extent to which Hong Kong

is carrying out and has the capacity to carry out its commitments and obligations under each treaty or international agreement under paragraph (7).

SEC. 1607. THE UNITED STATES-NORTH KOREA AGREED FRAMEWORK

OF OCTOBER 21, 1994, AND THE KOREAN PENINSULA

ENERGY DEVELOPMENT ORGANIZATION (KEDO).

(a) CLARIFICATION OF NUCLEAR NONPROLIFERATION OBLIGATIONS OF NORTH KOREA UNDER THE AGREED FRAMEWORK.—It is

the sense of the Congress that in discussions or negotiations with

the Government of North Korea pursuant to the implementation

of the United States-Democratic People’s Republic of Korea Agreed
H. R. 1561—85

Framework entered into on October 21, 1994, the President should

uphold the following minimum conditions relating to nuclear nonproliferation:

(1) All spent fuel from the graphite-moderated nuclear

reactors and related facilities of North Korea should be removed

from the territory of North Korea as is consistent with the

Agreed Framework.

(2) The International Atomic Energy Agency should have

the freedom to conduct any and all inspections that it deems

necessary to fully account for the stocks of plutonium and

other nuclear materials in North Korea, including special

inspections of suspected nuclear waste sites, before any nuclear

components controlled by the Nuclear Supplier Group Guidelines are delivered for a light water reactor for North Korea.

(3) The dismantlement of all declared graphite-based

nuclear reactors and related facilities in North Korea, including

reprocessing units, should be completed in accordance with

the Agreed Framework and in a manner that effectively bars

in perpetuity any reactivation of such reactors and facilities.

(4) The United States should suspend actions described

in the Agreed Framework if North Korea reloads its existing

5 megawatt nuclear reactor or resumes construction of nuclear

facilities other than those permitted to be built under the

Agreed Framework.

(b) ROLE OF THE REPUBLIC OF KOREA UNDER THE AGREED

FRAMEWORK.—It is further the sense of the Congress that the

Republic of Korea should play the central role in the project to

provide light water reactors to North Korea under the Agreed

Framework.

(c) FURTHER STEPS TO PROMOTE UNITED STATES SECURITY AND

POLITICAL INTERESTS WITH RESPECT TO NORTH KOREA.—It is further the sense of the Congress that, after the date of the enactment

of this Act, the President should not take further steps toward

upgrading diplomatic relations with North Korea beyond opening

liaison offices or relaxing trade and investment barriers imposed

against North Korea without— (1) consistent and sustained efforts by the Government

of North Korea to engage in a substantive North-South dialogue

with the Government of the Republic of Korea;

(2) significant progress toward implementation of the

North-South Joint Declaration on the Denuclearization of the

Korean Peninsula; and

(3) progress toward the achievement of several long-standing United States policy objectives regarding North Korea and

the Korean Peninsula, including—

(A) reducing the number of military forces of North

Korea along the Demilitarized Zone and relocating such

military forces away from the Demilitarized Zone;

(B) prohibiting any movement by North Korea toward

the deployment of an intermediate range ballistic missile

system;

(C) prohibiting the export by North Korea of missiles

and other weapons of mass destruction, including related

technology and components;

(D) obtaining positive and productive cooperation from

North Korea on the recovery of remains of Americans missing in action from the Korean War without consenting
H. R. 1561—86

to exorbitant demands by North Korea for financial compensation; and

(E) achieving credible assurances and intelligence confirmation that North Korea has ended its participation

in and support of international terrorism.

(d) RESTRICTIONS ON ASSISTANCE TO NORTH KOREA AND THE

KOREAN PENINSULA ENERGY DEVELOPMENT ORGANIZATION.—

(1) IN GENERAL.—Chapter 1 of part III of the Foreign

Assistance Act of 1961 (22 U.S.C. 2370 et seq.) is amended

by adding at the end the following new section:

‘‘SEC. 620G. ASSISTANCE TO NORTH KOREA AND THE KOREAN PENINSULA ENERGY DEVELOPMENT ORGANIZATION.

‘‘(a) LIMITATION.—No assistance may be provided under this

Act or any other provision of law to North Korea or the Korean

Peninsula Energy Development Organization unless—

‘‘(1) such assistance is provided in accordance with all

requirements, limitations, and procedures otherwise applicable

to the provision of such assistance for such purposes; and

‘‘(2) the President—

‘‘(A) notifies the congressional committees specified in

section 634A(a) of this Act prior to the obligation of such

assistance in accordance with the procedures applicable

to reprogramming notifications under that section, irrespective of the amount of the proposed obligation of such assistance; and

‘‘(B) determines and reports to such committees that

the provision of such assistance is vital to the national

security of the United States. ‘‘(b) EXCEPTION.—The requirement of subsection (a)(2)(B) shall

not apply with respect to assistance authorized to be appropriated

and appropriated for North Korea or the Korean Peninsula Energy

Development Organization.’’. (2) EFFECTIVE DATE.—Section 620G of the Foreign Assist- ance Act of 1961, as added by subsection (a), applies with

respect to assistance provided to North Korea or the Korean

Peninsula Energy Development Organization on or after the

date of the enactment of this Act.

SEC. 1608. INTERNATIONAL CRIMINAL COURT PARTICIPATION.

(a) IN GENERAL.—The United States may not participate in

an international criminal court with jurisdiction over crimes of

an international character except to the extent and in the manner

authorized—

(1) by a treaty entered into in accordance with Article

II, section 2, clause 2 of the Constitution; or

(2) by a law enacted in accordance with Article I, section

7 of the Constitution.

(b) DEFINITIONS.—As used in subsection (a)—

(1) the term ‘‘participate’’ means consent to the jurisdiction

of, recognize the validity of the decisions of, or extradite or

otherwise render suspects to, an international criminal court

with jurisdiction over crimes of an international character; and

(2) the term ‘‘international criminal court with jurisdiction

over crimes of an international character’’ does not include

any international war crimes tribunal established prior to the

date of enactment of this Act.
H. R. 1561—87

SEC. 1609. PROHIBITION ON THE TRANSFER OF ARMS TO INDONESIA.

Consistent with section 582 of the Foreign Operations Export

Financing and Related Programs Appropriations Act, 1995 (Public

Law 103–306), the United States is prohibited from selling or licensing for export to the Government of Indonesia light arms, small

weapons, and crowd control ordnances, including helicoptermounted equipment, until the Secretary of State determines and

reports to the Committee on Foreign Relations of the Senate and

the Committee on International Relations of the House of Representatives that there has been significant progress made on

human rights in East Timor and elsewhere in Indonesia, including—

(1) compliance with the recommendations in the United

Nations Special Rapporteur’s January 1992 report and the

March 1993 recommendations of the United Nations Human

Rights Commission;

(2) significant reduction in Indonesia’s troop presence in

East Timor;

(3) thorough and impartial investigation of gangs and violent civilian groups operating in East Timor;

(4) improved access to East Timor for Indonesian and international human rights and humanitarian organizations and

journalists, including the deployment of United Nations human

rights monitors if so requested;

(5) constructive participation in the United Nations Secretary General’s efforts to resolve the status of East Timor;

and

(6) greater local control over political, economic, and cultural affairs, with an aim toward resolving the future status

of East Timor.

SEC. 1610. BOSNIA AND HERZEGOVINA SELF-DEFENSE FUND.

(a) AUTHORITY FOR ESTABLISHMENT.—

(1) Subject to the other provisions of this section, the President is authorized to enter into an international agreement

with eligible countries for the establishment of a fund to assist

the self-defense of Bosnia and Herzegovina, which may be

known as the ‘‘Multilateral Bosnia and Herzegovina SelfDefense Fund’’.

(2) The Secretary of State is authorized to transfer to

the custody of the international board having responsibility

for the Fund defense articles from the stocks of the Department

of Defense and defense services of the Department of Defense

transferred or available for transfer pursuant to section 540

of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1996 (Public Law 104–107), or

pursuant to any similar provision of law.

(b) PURPOSE.—The purpose of the Fund shall be to provide

an international mechanism for the procurement of military equipment and training for transfer to the Government of Bosnia and

Herzegovina for the exercise of its right to self-defense under Article

51 of the United Nations Charter, and to facilitate the achievement

of a lasting peace by enabling the Government of Bosnia and

Herzegovina to protect its population and territory.

(c) REQUIREMENTS.—An agreement referred to in subsection

(a) shall meet the following requirements:
H. R. 1561—88

(1) UNITED STATES REPRESENTATION.—The United States

will chair any international board having responsibility for

the Fund.

(2) CONTROL OF MILITARY EQUIPMENT.—The agreement will

provide procedures for the control of military equipment

received by the international board having responsibility for

the Fund.

(3) COMMITMENT BY THE GOVERNMENT OF BOSNIA AND

HERZEGOVINA.—Before any military equipment or training purchased or otherwise acquired through the Fund, or held by

the international board responsible for the Fund, may be transferred to the Government of Bosnia and Herzegovina, that

Government will provide written assurances that the equipment

or training will not be used to take reprisals against any

civilians.

(d) REPORT ON EFFORTS TO ENABLE THE FEDERATION OF BOSNIA

AND HERZEGOVINA TO PROVIDE FOR ITS OWN DEFENSE.—Within

30 days after the date of the enactment of this Act, the President

shall submit a detailed report to the Congress on the administration’s plan to assist the Federation of Bosnia to provide for its

own defense, including the role of the United States and other

countries in providing such assistance. Such report shall include

an evaluation of the defense needs of the Federation of Bosnia

and Herzegovina, including, to the maximum extent possible—

(1) the types and quantities of arms, spare parts, and

logistics support required to establish a stable military balance

prior to the withdrawal of United States Armed Forces;

(2) the nature and scope of training to be provided;

(3) a detailed description of the past, present, and future

United States role in ensuring that the Federation of Bosnia

and Herzegovina is provided as rapidly as possible with equipment, training, arms, and related logistic assistance of the

highest possible quality;

(4) administration plans to use existing military drawdown

authority and other assistance authorities pursuant to this

section; and

(5) specific or anticipated commitments by third countries

to provide arms, equipment, or training to the Federation of

Bosnia and Herzegovina.

The report shall be submitted in unclassified form, but may contain

a classified annex.

(e) DEFINITIONS.—As used in this section:

(1) ELIGIBLE COUNTRIES.—The term ‘‘eligible countries’’

includes any foreign country other than a country the government of which the Secretary of State has determined, in accordance with section 6(j)(1)(A) of the Export Administration Act

of 1979, repeatedly provides support for acts of international

terrorism.

(2) FUND.—The term ‘‘Fund’’ means the fund established

as provided in subsection (a).

(3) GOVERNMENT OF BOSNIA AND HERZEGOVINA.—The term

‘‘Government of Bosnia and Herzegovina’’ includes any agency,

instrumentality, or forces of the Government of Bosnia and

Herzegovina.

(f) STATUTORY CONSTRUCTION.—Nothing in this section shall

be interpreted as authorization for the deployment of United States
H. R. 1561—89

forces in the territory of Bosnia and Herzegovina for any purpose,

including training, support, or delivery of military equipment.

SEC. 1611. REPORTS TO CONGRESS ON ASPECTS OF IMPLEMENTATION

OF THE GENERAL FRAMEWORK AGREEMENT.

(a) MILITARY ASPECTS.—Thirty days after the date of the enactment of this Act, and at least once every 60 days thereafter until

all United States Armed Forces are withdrawn from Bosnia and

Herzegovina, the President shall submit to the Congress a report

on the status of the deployment of United States Armed Forces

in Bosnia and Herzegovina, including a detailed description of the

following:

(1) Criteria for determining success for the deployment.

(2) The military mission and objectives.

(3) Milestones for measuring progress in achieving the

mission and objectives.

(4) Command arrangements for United States Armed

Forces.

(5) The rules of engagement for United States Armed

Forces.

(6) The multilateral composition of forces in Bosnia and

Herzegovina.

(7) The status of compliance by all parties with the General

Framework Agreement and associated Annexes, including Article III of Annex 1–A concerning the withdrawal of foreign

forces from Bosnia and Herzegovina.

(8) All incremental costs of the Department of Defense

and any costs incurred by other Federal agencies, for the deployment of United States Armed Forces in Bosnia and

Herzegovina, including support for the NATO Implementation

Force.

(9) The exit strategy to provide for complete withdrawal

of United States Armed Forces in the NATO Implementation

Force, including an estimated date of completion.

(10) A description of progress toward enabling the Federation of Bosnia and Herzegovina to provide for its own defense.

Reports under this section shall include a description of any changes

in the areas listed in paragraphs (1) through (10) since the previous

report, if applicable. Reports shall be submitted in unclassified

form, but may contain a classified annex.

(b) NONMILITARY ASPECTS.—Thirty days after the date of the

enactment of this Act, and at least once every 60 days thereafter,

until all United States Armed Forces withdraw from Bosnia and

Herzegovina, the President shall submit to the Congress a report

on the following:

(1) The status of implementation of nonmilitary aspects

of the General Framework Agreement and associated Annexes,

especially Annex 10 on Civilian Implementation, and of efforts,

which are separate from the Implementation Force, by the

United States and other countries to support implementation

of the nonmilitary aspects. Such report shall include a detailed

description of—

(A) progress toward conducting of elections;

(B) the status of refugees and displaced persons;

(C) humanitarian and reconstruction efforts;
H. R. 1561—90

(D) police training and related civilian security efforts, including the status of the implementation of Annex 11

regarding an international police task force; and (E) implementation of Article XIII of Annex 6 concerning cooperation with the International Tribunal for the

former Yugoslavia and other appropriate organizations in

the investigation and prosecution of war crimes and other

violations of international humanitarian law.

(2) The status of coordination between the High Represent- ative and the Implementation Force Commander. (3) The status of plans and preparation for the continuation

of civilian activities after the withdrawal of the Implementation

Force.

(4) All costs incurred by all United States Government agencies for reconstruction, refugee, humanitarian, and all

other nonmilitary bilateral and multilateral assistance in

Bosnia and Herzegovina.

(5) United States and international diplomatic efforts to

contain and end conflict in the former Yugoslavia, including

efforts to resolve the status of Kosova and halt violations of

internationally recognized human rights of its majority Albanian population.

(6) The progress of efforts to establish a United States

Information Agency facility in Pristina, Kosova.

Reports under this subsection shall be submitted in unclassified

form, but may contain a classified annex.

SEC. 1612. VERIFICATION OF MISSILE TECHNOLOGY CONTROL

REGIME.

Not later than 6 months after the date of the enactment of

this Act, the Director of the Arms Control and Disarmament Agency

shall submit to the Congress a report on the capability of the

United States to verify the Missile Technology Control Regime,

including any applicable United States policy statements, pursuant

to section 37 of the Arms Control and Disarmament Act.

SEC. 1613. REPEAL OF TERMINATION OF PROVISIONS OF THE

NUCLEAR PROLIFERATION PREVENTION ACT OF 1994.

(a) REPEAL.—Part D of the Nuclear Proliferation Prevention

Act of 1994 (part D of title VIII of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995; Public Law 103–236; 108

Stat. 525) is hereby repealed.

(b) JUDICIAL REVIEW.—Section 824 of the Nuclear Proliferation

Prevention Act of 1994 is amended by striking subsection (e).

SEC. 1614. PAYMENT OF IRAQI CLAIMS.

(a) VESTING OF ASSETS.—All nondiplomatic accounts of the

Government of Iraq in the United States that have been blocked

pursuant to the International Emergency Economic Powers Act

(50 U.S.C. 1701 et seq.) shall vest in the President and the President, not later than 30 days after the date of the enactment of

this Act, shall liquidate such accounts. Amounts from such liquidation shall be transferred into the Iraq Claims Fund established

under subsection (b).

(b) IRAQ CLAIMS FUND.—Upon the vesting of accounts under

subsection (a), the Secretary of the Treasury shall establish in

the Treasury of the United States a fund to be known as the

Iraq Claims Fund (hereafter in this section referred to as the
H. R. 1561—91

‘‘Fund’’) for payment of private claims or United States Government

claims in accordance with subsection (c).

(c) PAYMENTS.—

(1) PAYMENTS ON PRIVATE CLAIMS.—Not later than 2 years

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

of the Treasury shall make payment out of the Fund in ratable

proportions on private claims certified under subsection (e)

according to the proportions which the total amount of the

private claims so certified bear to the total amount in the

Fund that is available for distribution at the time such payments are made.

(2) PAYMENTS ON UNITED STATES GOVERNMENT CLAIMS.—

After payment has been made in full out of the Fund on

all private claims certified under subsection (e), any funds

remaining in the Fund shall be made available to satisfy claims

of the United States Government against the Government of

Iraq determined under subsection (d).

(d) DETERMINATION OF VALIDITY OF UNITED STATES GOVERNMENT CLAIMS.—The President shall determine the validity and

amounts of claims of the Government of the United States against

the Government of Iraq which the Secretary of State has determined

are outside the jurisdiction of the United Nations Commission,

and, to the extent that such claims are not satisfied from funds

made available by the Fund, the President is authorized and

requested to enter into a settlement agreement with the Government of Iraq which would provide for the payment of such

unsatisfied claims.

(e) DETERMINATION OF PRIVATE CLAIMS.—

(1) AUTHORITY OF THE FOREIGN CLAIMS SETTLEMENT

COMMISSION.—The Foreign Claims Settlement Commission of

the United States is authorized to receive and determine, in

accordance with substantive law, including international law,

the validity and amounts of private claims. The Commission

shall complete its affairs in connection with the determination

of private claims under this section within such time as is

necessary to allow the payment of the claims under subsection

(c)(1).

(2) APPLICABILITY.—Except to the extent inconsistent with

the provisions of this section, the provisions of title I of the

International Claims Settlement Act of 1949 (22 U.S.C. 1621

et seq.) shall apply with respect to private claims under this

section. Any reference in such provisions to ‘‘this title’’ shall

be deemed to refer to those provisions and to this section.

(3) CERTIFICATION.—The Foreign Claims Settlement

Commission shall certify to the Secretary of the Treasury the

awards made in favor of each private claim under paragraph

(1).

(f) UNSATISFIED CLAIMS.—Payment of any award made pursuant to this section shall not extinguish any unsatisfied claim, or

be construed to have divested any claimant, or the United States

on his or her behalf, of any rights against the Government of

Iraq with respect to any unsatisfied claim.

(g) DEFINITIONS.—As used in this section—

(1) the term ‘‘Government of Iraq’’ includes agencies,

instrumentalities, and controlled entities (including public sector enterprises) of that government;
H. R. 1561—92

(2) the term ‘‘private claims’’ mean claims of United States

persons against the Government of Iraq that are determined

by the Secretary of State to be outside the jurisdiction of

the United Nations Commission;

(3) the term ‘‘United Nations Commission’’ means the

United Nations Compensation Commission established pursuant to United Nations Security Council Resolution 687, adopted

in 1991; and

(4) the term ‘‘United States person’’—

(A) includes—

(i) any person, wherever located, who is a citizen

of the United States;

(ii) any corporation, partnership, association, or

other legal entity organized under the laws of the

United States or of any State, the District of Columbia,

or any commonwealth, territory, or possession of the

United States; and

(iii) any corporation, partnership, association, or

other organization, wherever organized or doing business, which is owned or controlled by persons described

in clause (i) or (ii); and

(B) does not include the United States Government

or any officer or employee of the United States Government

acting in an official capacity.

SEC. 1615. INTERNATIONAL FUND FOR IRELAND.

(a) FUNDING.—

(1) IN GENERAL.—Of the amounts made available for fiscal

years 1996 and 1997 for assistance under chapter 4 of part

II of the Foreign Assistance Act of 1961 (22 U.S.C. 2346 et

seq.; relating to the economic support fund), not more than

$19,600,000 for each of the fiscal years 1996 and 1997 shall

be available for the United States contribution to the International Fund for Ireland in accordance with the Anglo-Irish

Agreement Support Act of 1986 (Public Law 99–415).

(2) AVAILABILITY.—Amounts made available under paragraph (1) are authorized to remain available until expended.

(b) ADDITIONAL REQUIREMENTS.—

(1) PURPOSES.—Section 2(b) of the Anglo-Irish Agreement

Support Act of 1986 (Public Law 99–415; 100 Stat. 947) is

amended by adding at the end the following new sentences:

‘‘United States contributions should be used in a manner that

effectively increases employment opportunities in communities

with rates of unemployment higher than the local or urban

average of unemployment in Northern Ireland. In addition,

such contributions should be used to benefit individuals residing

in such communities.’’.

(2) CONDITIONS AND UNDERSTANDINGS.—Section 5(a) of such

Act is amended—

(A) in the first sentence—

(i) by striking ‘‘The United States’’ and inserting

the following:

‘‘(1) IN GENERAL.—The United States’’;

(ii) by striking ‘‘in this Act may be used’’ and

inserting the following: ‘‘in this Act—

‘‘(A) may be used’’;
H. R. 1561—93

(iii) by striking the period and inserting ‘‘; and’’;

and

(iv) by adding at the end the following:

‘‘(B) should be provided to individuals or entities in

Northern Ireland which employ practices consistent with

the principles of economic justice.’’; and

(B) in the second sentence, by striking ‘‘The restrictions’’ and inserting the following:

‘‘(2) ADDITIONAL REQUIREMENTS.—The restrictions’’.

(3) PRIOR CERTIFICATIONS.—Section 5(c)(2) of such Act is

amended—

(A) in subparagraph (A), by striking ‘‘in accordance

with the principle of equality’’ and all that follows and

inserting ‘‘to individuals and entities whose practices are

consistent with principles of economic justice; and’’; and

(B) in subparagraph (B), by inserting before the period

at the end the following: ‘‘and will create employment

opportunities in regions and communities of Northern Ireland suffering from high rates of unemployment’’.

(4) ANNUAL REPORTS.—Section 6 of such Act is amended—

(A) in paragraph (2), by striking ‘‘and’’ at the end;

(B) in paragraph (3), by striking the period and inserting ‘‘; and’’; and

(C) by adding at the end the following new paragraph:

‘‘(4) the extent to which the practices of each individual

or entity receiving assistance from United States contributions

to the International Fund has been consistent with the principles of economic justice.’’.

(5) REQUIREMENTS RELATING TO FUNDS.—Section 7 of such

Act is amended by adding at the end the following:

‘‘(c) PROHIBITION.—Nothing included herein shall require quotas

or reverse discrimination or mandate their use.’’.

(6) DEFINITIONS.—Section 8 of such Act is amended—

(A) in paragraph (1), by striking ‘‘and’’ at the end;

(B) in paragraph (2), by striking the period at the

end and inserting ‘‘; and’’; and

(C) by adding at the end the following new paragraph:

‘‘(3) the term ‘principles of economic justice’ means the

following principles:

‘‘(A) Increasing the representation of individuals from

underrepresented religious groups in the workforce, including managerial, supervisory, administrative, clerical, and

technical jobs.

‘‘(B) Providing adequate security for the protection of

minority employees at the workplace.

‘‘(C) Banning provocative sectarian or political emblems

from the workplace.

‘‘(D) Providing that all job openings be advertised publicly and providing that special recruitment efforts be made

to attract applicants from underrepresented religious

groups.

‘‘(E) Providing that layoff, recall, and termination

procedures do not favor a particular religious group.

‘‘(F) Abolishing job reservations, apprenticeship restrictions, and differential employment criteria which discriminate on the basis of religion.
H. R. 1561—94

‘‘(G) Providing for the development of training pro- grams that will prepare substantial numbers of minority

employees for skilled jobs, including the expansion of existing programs and the creation of new programs to train,

upgrade, and improve the skills of minority employees. ‘‘(H) Establishing procedures to assess, identify, and actively recruit minority employees with the potential for

further advancement.

‘‘(I) Providing for the appointment of a senior manage- ment staff member to be responsible for the employment

efforts of the entity and, within a reasonable period of

time, the implementation of the principles described in

subparagraphs (A) through (H).’’.

SEC. 1616. DEOBLIGATION OF CERTAIN UNEXPENDED ECONOMIC

ASSISTANCE FUNDS.

Chapter 3 of part III of the Foreign Assistance Act of 1961 (22 U.S.C. 2401 et seq.) is amended by adding at the end the

following:

‘‘SEC. 668. DEOBLIGATION OF CERTAIN UNEXPENDED ECONOMIC

ASSISTANCE FUNDS.

‘‘(a) REQUIREMENT TO DEOBLIGATE.— ‘‘(1) IN GENERAL.—Except as provided in subsection (b) of this section and in paragraphs (1) and (3) of section 617(a)

of this Act, at the beginning of each fiscal year the President

shall deobligate and return to the Treasury, any funds described

in paragraph (2) that, as of the end of the preceding fiscal

year, have been obligated for a project or activity for a period

of more than 3 years but have not been expended. ‘‘(2) FUNDS.—Paragraph (1) applies to funds made available for—

‘‘(A) assistance under chapter 1 of part I of this Act (relating to development assistance), chapter 10 of part

I of this Act (relating to the Development Fund for Africa),

or chapter 4 of part II of this Act (relating to the economic

support fund); ‘‘(B) assistance under the ‘Multilateral Assistance Initiative for the Philippines’; ‘‘(C) assistance under the Support for East European Democracy (SEED) Act of 1989; and ‘‘(D) economic assistance for the independent states

of the former Soviet Union under this Act or under any

other Act authorizing economic assistance for such

independent states. ‘‘(b) EXCEPTIONS.—The President, on a case-by-case basis, may waive the requirement of subsection (a)(1) if the President determines, and reports to the appropriate congressional committees,

that—

‘‘(1) the funds are being used for a construction project

that requires more than 3 years to complete; or

‘‘(2) the funds have not been expended because of unforeseen circumstances, and those circumstances could not have

been reasonably foreseen.

‘‘(c) COMMENTS BY INSPECTOR GENERAL.—As soon as possible

after the submission of a report pursuant to subsection (b), the

Inspector General of the agency primarily responsible for administering part I of this Act shall submit to the appropriate congres-
H. R. 1561—95

sional committees such comments as the Inspector General considers appropriate with regard to the determination described in that

report.

‘‘(d) APPROPRIATE CONGRESSIONAL COMMITTEES.—As used in

this section, the term ‘appropriate congressional committees’ means

the Committee on International Relations and the Committee on

Appropriations of the House of Representatives and the Committee

on Foreign Relations and the Committee on Appropriations of the

Senate.’’.

SEC. 1617. LIMITATION ON ASSISTANCE TO COUNTRIES THAT

RESTRICT THE TRANSPORT OR DELIVERY OF UNITED

STATES HUMANITARIAN ASSISTANCE.

(a) FINDINGS.—The Congress makes the following findings:

(1) The United States Federal budget deficit and spending

constraints require the maximum efficiency in the usage of

United States foreign assistance.

(2) The delivery of humanitarian assistance to people in

need is consistent with the fundamental values of our Nation

and is an important component of United States foreign policy.

(3) As a matter of principle and in furtherance of fiscal

prudence, the United States should seek to promote the delivery

of humanitarian assistance to people in need in a manner

that is both timely and cost effective.

(4) Recipients of United States assistance should not hinder

or delay the transport or delivery of United States humanitarian assistance to other countries.

(b) PROHIBITION ON ASSISTANCE.—Section 620 of the Foreign Assistance Act of 1961 (22 U.S.C. 2370), as amended by this Act,

is further amended by inserting after subsection (v) (as added

by this Act) the following new subsection: ‘‘(w)(1) Notwithstanding any other provision of law, United

States assistance may not be made available for any country whose

government prohibits or otherwise restricts, directly or indirectly,

the transport or delivery of United States humanitarian assistance. ‘‘(2) The prohibition on United States assistance contained in

paragraph (1) shall not apply if the President determines and

notifies the Congress in writing that providing such assistance

to a country is in the national security interest of the United

States.

‘‘(3) A suspension or termination of United States assistance

for any country under paragraph (1) shall cease to be effective

when the President certifies in writing to the Speaker of the House

of Representatives and the Committee on Foreign Relations of the

Senate that such country is no longer prohibiting or otherwise

restricting, either directly or indirectly, the transport or delivery

of United States humanitarian assistance.

‘‘(4)(A) At the time of the annual budget submission to Congress, the President shall submit a report to the Congress describing

any information available to the President concerning prohibitions

or restrictions, direct or indirect, on the transport or delivery of

United States humanitarian assistance by the government of any

country receiving or eligible to receive United States foreign assistance during the current or preceding fiscal year.

‘‘(B) The President shall include in the report required by

subparagraph (A) a statement as to whether the prohibition in

paragraph (1) is being applied to each country for which the Presi-
H. R. 1561—96

dent has information available to him concerning prohibitions or

restrictions, direct or indirect, on the transport or delivery of United

States humanitarian assistance.

‘‘(5) As used in this subsection, the term ‘United States assistance’ has the same meaning given that term in section 481(e)(4)

of this Act.’’.

TITLE XVII—CONGRESSIONAL

STATEMENTS

SEC. 1701. THE LAOGAI SYSTEM OF POLITICAL PRISONS.

It is the sense of the Congress that the President should— (1) publicly condemn the continued existence of the Chinese gulag, known as the Laogai, and call upon the Government

of the People’s Republic of China to dismantle it and release

all of its political prisoners; and (2) instruct the appropriate diplomatic representatives of

the United States to cause a resolution condemning the Laogai

to be put before the United Nations Human Rights Commission

and work for its passage.

SEC. 1702. DECLARATION OF CONGRESS REGARDING UNITED STATES

GOVERNMENT HUMAN RIGHTS POLICY TOWARD CHINA.

(a) FINDINGS.—The Congress makes the following findings: (1) According to the 1994 State Department Country

Reports on Human Rights Practices, there continue to be ‘‘widespread and well-documented human rights abuses in China,

in violation of internationally accepted norms . . . (including)

arbitrary and lengthy incommunicado detention, torture, and

mistreatment of prisoners. The regime continued severe restrictions on freedoms of speech, press assembly and association,

and tightened controls on the exercise of these rights during

1994. Serious human rights abuses persisted in Tibet and other

areas populated by ethnic minorities’’.

(2) The President, in announcing his decision on Most

Favored Nation trading status for China in May 1994 stated

that, ‘‘China continues to commit very serious human rights

abuses. Even as we engage the Chinese on military, political,

and economic issues, we intend to stay engaged with those

in China who suffer from human rights abuses. The United

States must remain a champion of their liberties’’.

(b) SENSE OF CONGRESS.—It is the sense of the Congress that

the President should take the following actions: (1) Decline the invitation to visit China until and unless

there is dramatic overall progress on human rights in China

and Tibet and communicate to the Government of China that

such a visit cannot take place without such progress. Indications of overall progress would include the release of hundreds

of political, religious, and labor activists; an agreement to allow

unhindered confidential access to prisoners by international

humanitarian agencies; enactment of major legal reforms such

as an end to all restrictions on the exercise of freedom of

religion, revocation of the 1993 state security law, and the

abolition of all so-called ‘‘counter-revolutionary’’ crimes; an end

to forced abortion, forced sterilization, and the provision by

government facilities of human fetal remains for consumption
H. R. 1561—97

as food; and a decision to allow unrestricted access to Tibet

by foreign media and international human rights monitors. (2) Seek to develop an agreement on a multilateral strategy to promote human rights in China. Such an agreement should

include efforts to encourage greater cooperation by the Government of China with the human rights rapporteurs and working

groups of the United Nations Human Rights Commission, as

well as bilateral and multilateral initiatives to secure the

unconditional release of imprisoned peaceful pro-democracy

advocates such as Wei Jingsheng. (3) Extend an invitation to the Dalai Lama to visit

Washington, District of Columbia, in 1996.

(c) UNITED STATES GOVERNMENT HUMAN RIGHTS POLICY

TOWARD CHINA.—It shall be the policy of the United States Govern- ment to continue to promote internationally recognized human

rights and worker rights in China and Tibet. The President shall

submit the following reports on the formulation and implementation

of United States human rights policy toward China and the results

of that policy to the appropriate congressional committees: (1) Not later than 90 days after the date of enactment of this Act, the President shall report on the status of the

‘‘new United States Human Rights Policy for China’’ announced

by the President on May 26, 1994, including an assessment

of the implementation and effectiveness of the policy in bringing

about human rights improvements in China and Tibet, with

reference to the following specific initiatives announced on that

date:

(A) High-level dialogue on human rights.

(B) Voluntary principles in the area of human rights

for United States businesses operating in China.

(C) Increased contact with and support for groups and

individuals in China promoting law reform and human

rights.

(D) Increased exchanges to support human rights law

reform in China.

(E) The practice of all United States officials who visit

China to meet with the broadest possible spectrum of Chinese citizens.

(F) Increased efforts to press United States views on

human rights in China at the United Nations, the United

Nations Human Rights Commission, and other international organizations.

(G) A plan of international actions to address Tibet’s

human rights problems and to promote substantive discussions between the Dalai Lama and the Chinese Government.

(H) An information strategy for promoting human

rights by expanding Chinese and Tibetan language broadcasts on the Voice of America and establishing Radio Free

Asia.

(I) Encouraging the Chinese Government to permit

international human rights groups to operate in and visit

China.

The report required by this paragraph shall also assess the

progress, if any, of the People’s Republic of China toward ending

forced abortion, forced sterilization, and other coercive population control practices.
H. R. 1561—98

(2) Not later than 120 days after the date of enactment

of this Act, the President shall report on the status of Chinese

Government compliance with United States laws prohibiting

the importation into the United States of forced labor products,

including (but not limited to) a complete assessment and report

on the implementation of the Memorandum of Understanding

signed by the United States and China in 1992. The report

shall include (but not be limited to) the following:

(A) All efforts made by the United States Customs

Service from 1992 until the date of the report to investigate

forced labor exports and to conduct unannounced unrestricted inspections of suspected forced labor sites in China,

and the extent to which Chinese authorities cooperated

with such investigations.

(B) Recommendations of what further steps might be

taken to enhance United States effectiveness in prohibiting

forced labor exports to the United States from China.

SEC. 1703. UNITED STATES RELATIONS WITH THE FORMER YUGOSLAV

REPUBLIC OF MACEDONIA (FYROM).

It is the sense of the Congress that the Former Yugoslav

Republic of Macedonia (FYROM) should be eligible for all United

States foreign assistance programs, including programs of the

Export-Import Bank and the Overseas Private Investment Corporation, if the government continues to respect the rights of all ethnic

minorities.

SEC. 1704. DISPLACED PERSONS.

It is the sense of the Congress that of the amounts made

available to the United Nations Development Program (and United

Nations Development Program-Administered Funds), at least

$20,000,000 for fiscal year 1996 and $20,000,000 for fiscal year

1997 should be available for programs and services conducted in

cooperation with the International Organization for Migration, the

International Committee for the Red Cross, and nongovernmental

organizations, for persons who are displaced within their countries

of nationality.

SEC. 1705. SENSE OF CONGRESS ON BORDER CROSSING FEES.

It is the sense of the Congress that the United States Government should not impose or collect a border crossing fee along

its borders with Canada and Mexico.

SEC. 1706. INTER-AMERICAN ORGANIZATIONS.

Taking into consideration the long-term commitment by the

United States to the affairs of this Hemisphere and the need to

build further upon the linkages between the United States and

its neighbors, the Secretary of State, in allocating the level of

resources for international organizations, should make every effort

to pay the full United States assessed funding levels for the

Organization of American States and the Pan American Health

Organization so that these two entities, which are uniquely dependent on United States contributions, have adequate resources to

contribute effectively to United States foreign policy initiatives.
H. R. 1561—99

SEC. 1707. ESCALATING COSTS FOR INTERNATIONAL PEACEKEEPING

ACTIVITIES.

It is the sense of the Congress that the executive branch should

cease obligating the United States to pay for international peacekeeping operations in excess of funds specifically authorized and

appropriated for this purpose.

SEC. 1708. VISIT OF THE PRESIDENT OF THE REPUBLIC OF CHINA

ON TAIWAN.

It is the sense of the Congress that the President of the Republic

of China on Taiwan should be admitted to the United States for

a visit in 1996 with all appropriate courtesies.

SEC. 1709. REPUBLIC OF CHINA ON TAIWAN’S PARTICIPATION IN GATT

AND WTO.

It is the sense of the Congress that—

(1) the United States should separate the Republic of China

on Taiwan’s application for membership in the General Agreement on Tariffs and Trade (GATT) and the World Trade

Organization (WTO) from the People’s Republic of China’s

application for membership in such organizations;

(2) the United States should support the Republic of China

on Taiwan’s earliest membership in the GATT and the WTO

if it meets full and legitimate membership criteria, including

the elimination of inappropriate tariff levels and nontariff barriers;

(3) the United States should support the membership of

the People’s Republic of China in the GATT and the WTO

only if a sound bilateral commercial agreement is reached

between the United States and the People’s Republic of China,

and that the People’s Republic of China makes significant

progress in making its economic system compatible with GATT

and WTO principles; and

(4) the People’s Republic of China’s application for membership in the GATT and the WTO should be reviewed strictly

in accordance with the rules, guidelines, principles, precedents,

and practices of the GATT and the WTO.

SEC. 1710. INDUSTRIAL PARK FOR GAZA OR THE WEST BANK.

(a) SENSE OF THE CONGRESS.—It is the sense of Congress that— (1) the United States should take prompt, visible action

before the coming elections in Gaza and Jericho that promises

hope and jobs to Palestinians; (2) the rapid development of an industrial park in Gaza

or the West Bank, closely coordinated with private sector investors, will provide a clear sign of opportunity resulting from

peace with Israel;

(3) the decision to site the industrial park should give

special consideration to the extremely difficult economic conditions in Gaza and the West Bank;

(4) the President should appoint a special coordinator to

coordinate the rapid development of an industrial park in Gaza

or the West Bank and to begin the recruitment of United

States investors; and

(5) the Secretary of State should direct a short-term review

and implementation of United States assistance plans to assist

in speeding the flow of goods and services between Israel and
H. R. 1561—100

Gaza and the West Bank while increasing security among

those areas.

(b) REPORT.—Not later than 180 days after the date of the

enactment of this Act, the President shall prepare and transmit

to the Congress a report detailing the following:

(1) All actions taken by the President to establish an industrial park in Gaza or the West Bank.

(2) Funds planned for expenditure to develop such industrial park.

Speaker of the House of Representatives.

Vice President of the United States and

President of the Senate.