I

104TH CONGRESS

1ST SESSION H. R. 1561

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.

IN THE HOUSE OF REPRESENTATIVES

MAY 3, 1995

Mr. GILMAN introduced the following bill; which was referred to the Committee on International Relations, and in addition to the Committee on

Rules, for a period to be subsequently determined by the Speaker, in each

case for consideration of such provisions as fall within the jurisdiction of

the committee concerned

A BILL

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.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
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1 SECTION 1. SHORT TITLE.

2 This Act may be cited as the ‘‘American Overseas In3 terests Act of 1995’’.

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

5 CONTENTS.

6 (a) DIVISIONS.—This Act is organized into three divi7 sions as follows:

8 (1) Division A—Consolidation of Foreign Af9 fairs Agencies.

10 (2) Division B—Foreign Relations Authoriza11 tions.

12 (3) Division C—Foreign Assistance Authoriza13 tions.

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

15 this Act is as follows:

Sec. 1. Short title.

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

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.

Sec. 202. References in title.

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

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

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

CHAPTER 3—REORGANIZATION OF DEPARTMENT OF STATE RELATING TO

FUNCTIONS TRANSFERRED UNDER THIS TITLE

Sec. 221. Reorganization plan.

Sec. 222. Principal officers.

CHAPTER 4—CONFORMING AMENDMENTS

Sec. 241. References.

Sec. 242. Repeal of establishment of agency.

Sec. 243. Repeal of positions and offices.

Sec. 244. Transfer of authorities and functions under the Arms Control and

Disarmament Act to the Secretary of State.

Sec. 245. Conforming amendments to other provisions of law.

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 TO SECRETARY OF STATE

Sec. 311. Abolition of United States Information Agency.

Sec. 312. Transfer of functions to Secretary of State.

CHAPTER 3—REORGANIZATION OF DEPARTMENT OF STATE RELATING TO

FUNCTIONS TRANSFERRED UNDER THIS TITLE

Sec. 321. Reorganization plan.

Sec. 322. Principal officers.

CHAPTER 4—CONFORMING AMENDMENTS

Sec. 341. References.

Sec. 342. Abolition of Office of Inspector General of the United States Information Agency and transfer of functions to Office of Inspector

General of the Department of State.

Sec. 343. Amendments to title 5.

Sec. 344. Amendments to United States Information and Educational Exchange Act of 1948.

Sec. 345. Amendments to the Mutual Educational and Cultural Exchange Act

of 1961 (Fulbright-Hays Act).

Sec. 346. International broadcasting activities.

Sec. 347. Television broadcasting to Cuba.

Sec. 348. Radio broadcasting to Cuba.

Sec. 349. National Endowment for Democracy.

Sec. 350. United States scholarship program for developing countries.

Sec. 351. Fascell Fellowship Board.

Sec. 352. National Security Education Board.

Sec. 353. Center for Cultural and Technical Interchange between North and

South.

Sec. 354. East-West Center.

Sec. 355. Mission of the Department of State.
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Sec. 356. Consolidation of administrative services.

Sec. 357. Grants.

Sec. 358. Ban on domestic activities.

Sec. 359. Conforming repeal to the Arms Control and Disarmament Act.

Sec. 360. Repeal relating to procurement of legal services.

Sec. 361. Repeal relating to payment of subsistence expenses.

Sec. 362. Conforming amendment to the Seed Act.

Sec. 363. International Cultural and Trade Center Commission.

Sec. 364. Foreign Service Act of 1980.

Sec. 365. Au pair programs.

Sec. 366. Exchange program with countries in transition from totalitarianism

to democracy.

Sec. 367. Edmund S. Muskie Fellowship program.

Sec. 368. Implementation of convention on cultural property.

Sec. 369. Mike Mansfield Fellowships.

TITLE IV—AGENCY FOR INTERNATIONAL DEVELOPMENT

CHAPTER 1—GENERAL PROVISIONS

Sec. 401. Effective date.

Sec. 402. References in title.

CHAPTER 2—ABOLITION OF THE AGENCY FOR INTERNATIONAL

DEVELOPMENT AND TRANSFER OF FUNCTIONS TO SECRETARY OF STATE

Sec. 411. Abolition of Agency for International Development and the International Development Cooperation Agency.

Sec. 412. Transfer of functions to Secretary of State.

CHAPTER 3—REORGANIZATION OF DEPARTMENT OF STATE RELATING TO

FUNCTIONS TRANSFERRED UNDER THIS TITLE

Sec. 421. Reorganization plan.

Sec. 422. Principal officers.

Sec. 423. International Development Foundation.

CHAPTER 4—CONFORMING AMENDMENTS

Sec. 441. References.

Sec. 442. Abolition of Office of Inspector General of the Agency for International Development and transfer of functions to Office of Inspector General of the Department of State.

Sec. 443. Abolition of Chief Financial Officer of the Agency for International

Development and transfer of functions to Chief Financial Officer Department of State.

Sec. 444. Amendments to title 5, United States Code.

Sec. 445. Public Law 480 program.

TITLE V—TRANSITION

Sec. 501. Reorganization authority.

Sec. 502. Transfer and allocation of appropriations and personnel.

Sec. 503. Incidental transfers.

Sec. 504. Effect on personnel.

Sec. 505. Voluntary separation incentives.

Sec. 506. Savings provisions.

Sec. 507. Property and facilities.
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Sec. 508. Authority of Secretary to facilitate transition.

Sec. 509. Recommendations for additional conforming amendments.

Sec. 510. Final report.

Sec. 511. Severability.

DIVISION B—FOREIGN RELATIONS AUTHORIZATIONS

TITLE XX—GENERAL PROVISIONS

Sec. 2001. Short title.

Sec. 2002. Definitions.

TITLE XXI—AUTHORIZATION OF APPROPRIATIONS FOR DEPARTMENT OF STATE AND CERTAIN INTERNATIONAL AFFAIRS

FUNCTIONS AND ACTIVITIES

CHAPTER 1—AUTHORIZATIONS OF APPROPRIATIONS

Sec. 2101. Administration of Foreign Affairs.

Sec. 2102. International organizations, programs, and conferences.

Sec. 2103. International commissions.

Sec. 2104. Migration and refugee assistance.

Sec. 2105. Certain other international affairs programs.

Sec. 2106. United States informational, educational, and cultural programs.

Sec. 2107. United States arms control and disarmament.

TITLE XXII—DEPARTMENT OF STATE AUTHORITIES AND

ACTIVITIES

CHAPTER 1—AUTHORITIES AND ACTIVITIES

Sec. 2201. Revision of Department of State rewards program.

Sec. 2202. Authorities of Secretary of State.

Sec. 2203. Buying power maintenance account.

Sec. 2204. Expenses relating to certain international claims and proceedings.

Sec. 2205. Consolidation of United States diplomatic missions and consular

posts.

Sec. 2206. Authority of United States permanent representative to the United

Nations.

CHAPTER 2—CONSULAR AUTHORITIES OF THE DEPARTMENT OF STATE

Sec. 2231. Surcharge for processing certain machine readable visas.

Sec. 2232. Fingerprint check requirement.

Sec. 2233. Use of certain passport processing fees for enhanced passport services.

Sec. 2234. Consular officers.

CHAPTER 3—REFUGEES AND MIGRATION

Sec. 2251. United States emergency refugee and migration assistance fund.

Sec. 2252. Report to congress concerning Cuban emigration policies.

Sec. 2253. Extension of certain adjudication provisions.

TITLE XXIII—ORGANIZATION OF THE DEPARTMENT OF STATE;

DEPARTMENT OF STATE PERSONNEL; THE FOREIGN SERVICE

CHAPTER 1—ORGANIZATION OF THE DEPARTMENT OF STATE
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Sec. 2301. Coordinator for counterterrorism.

Sec. 2302. Special envoy for Tibet.

Sec. 2303. Establishment of Coordinator for Human Rights and Refugees and

Bureau of Refugee and Migration Assistance.

Sec. 2304. Elimination of statutory establishment of certain positions of the

Department of State.

Sec. 2305. Establishment of Assistant Secretary of State for Human Resources.

Sec. 2306. Authority of United States permanent representative to the United

Nations.

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

SERVICE

Sec. 2351. Authorized strength of the Foreign Service.

Sec. 2352. Repeal of authority for Senior Foreign Service performance pay.

TITLE XXIV—UNITED STATES PUBLIC DIPLOMACY: AUTHORITIES

AND ACTIVITIES FOR UNITED STATES INFORMATIONAL, EDUCATIONAL, AND CULTURAL PROGRAMS

CHAPTER 1—GENERAL PROVISIONS

Sec. 2401. Elimination of permanent authorization.

Sec. 2402. Extension of au pair programs.

Sec. 2403. Educational and cultural exchanges with Hong Kong.

Sec. 2404. Conduct of educational and cultural exchange programs.

Sec. 2405. Educational and cultural exchanges and scholarships for Tibetans

and Burmese.

Sec. 2406. Availability of Voice of America and Radio Marti multilingual computer readable text and voice recordings.

Sec. 2407. Retention of interest.

CHAPTER 2—INTERNATIONAL BROADCASTING

Sec. 2431. Expansion of Broadcasting Board of Governors.

Sec. 2432. Plan for Radio Free Asia.

Sec. 2433. Pilot project for freedom broadcasting to Asia.

TITLE XXV—INTERNATIONAL ORGANIZATIONS AND COMMISSIONS

CHAPTER 1—GENERAL PROVISIONS

Sec. 2501. International Boundary and Water Commission.

CHAPTER 2—UNITED NATIONS AND AFFILIATED AGENCIES AND

ORGANIZATIONS

Sec. 2521. Reform in budget decisionmaking procedures of the United Nations

and its specialized agencies.

Sec. 2522. Withholding of United States contributions for certain programs of

international organizations.

Sec. 2523. Limitation on contributions to the United Nations or United Nations affiliated organizations.

Sec. 2524. Report on UNICEF.

TITLE XXVI—FOREIGN POLICY PROVISIONS
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CHAPTER 1—MISCELLANEOUS FOREIGN POLICY PROVISIONS

Sec. 2601. Applicability of Taiwan Relations Act.

Sec. 2602. Report on occupied Tibet.

Sec. 2603. Bosnia Genocide Justice Act.

CHAPTER 2—RELATING TO THE UNITED STATES-NORTH KOREA AGREED

FRAMEWORK AND THE OBLIGATIONS OF NORTH KOREA UNDER THAT AND

PREVIOUS AGREEMENTS WITH RESPECT TO THE DENUCLEARIZATION OF

THE KOREAN PENINSULA AND DIALOGUE WITH THE REPUBLIC OF KOREA

Sec. 2641. Findings.

Sec. 2642. Clarification of nuclear nonproliferation obligations of North Korea

under the agreed framework.

Sec. 2643. Role of the Republic of Korea under the agreed framework.

Sec. 2644. Further steps to promote United States security and political interests with respect to North Korea.

Sec. 2645. Restrictions on assistance to North Korea and the Korean peninsula

energy development organization.

CHAPTER 3—BURMA

Sec. 2651. United States policy concerning the dictatorship in Burma.

TITLE XXVII—CONGRESSIONAL STATEMENTS

Sec. 2701. Inter-American organizations.

Sec. 2702. Territorial integrity of Bosnia and Herzegovina.

Sec. 2703. The Laogai system of political prisons.

Sec. 2704. Concerning the use of funds to further normalize relations with

Vietnam.

Sec. 2705. Declaration of Congress regarding United States Government

human rights policy toward China.

Sec. 2706. Concerning the United Nations Voluntary Fund for Victims of Torture.

DIVISION C—FOREIGN ASSISTANCE AUTHORIZATIONS

Sec. 3001. Short title.

Sec. 3002. Declaration of policy.

TITLE XXXI—DEFENSE AND SECURITY ASSISTANCE

CHAPTER 1—MILITARY AND RELATED ASSISTANCE

SUBCHAPTER A—FOREIGN MILITARY FINANCING PROGRAM

Sec. 3101. Authorization of appropriations.

Sec. 3102. Assistance for Israel.

Sec. 3103. Assistance for Egypt.

Sec. 3104. Loans for Greece and Turkey.

Sec. 3105. Loans for the Czech Republic, Hungary, and Poland.

Sec. 3106. Terms of loans.

SUBCHAPTER B—OTHER ASSISTANCE

Sec. 3121. Defense drawdown special authorities.

Sec. 3122. Stockpiles of defense articles.

Sec. 3123. Transfer of excess defense articles.
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CHAPTER 2—INTERNATIONAL MILITARY EDUCATION AND TRAINING

Sec. 3141. Authorization of appropriations.

Sec. 3142. Assistance for Indonesia.

Sec. 3143. Test pilot exchange training.

CHAPTER 3—ANTITERRORISM ASSISTANCE

Sec. 3151. Authorization of appropriations.

Sec. 3152. Antiterrorism training assistance.

CHAPTER 4—NARCOTICS CONTROL ASSISTANCE

Sec. 3161. Authorization of appropriations.

Sec. 3162. Additional requirements relating to narcotics control assistance.

Sec. 3163. Notification requirement.

Sec. 3164. Waiver of restrictions for narcotics-related economic assistance.

CHAPTER 5—NONPROLIFERATION AND DISARMAMENT FUND

Sec. 3171. Nonproliferation and Disarmament Fund.

CHAPTER 6—OTHER PROVISIONS

Sec. 3181. Standardization of congressional review procedures for arms transfers.

Sec. 3182. Standardization of third country transfers of defense articles.

Sec. 3183. Increased standardization, rationalization, and interoperability of assistance and sales programs.

Sec. 3184. Repeal of price and availability reporting requirement relating to

proposed sale of defense articles and services.

Sec. 3185. Definition of significant military equipment.

Sec. 3186. Elimination of Special Defense Acquisition Fund annual report.

Sec. 3187. Cost of leased defense articles that have been lost or destroyed.

Sec. 3188. Designation of major non-NATO allies.

Sec. 3189. Certification thresholds.

Sec. 3190. Competitive pricing for sales of defense articles and services.

Sec. 3191. Depleted uranium ammunition.

TITLE XXXII—ECONOMIC ASSISTANCE

CHAPTER 1—ECONOMIC SUPPORT ASSISTANCE

Sec. 3201. Economic support fund.

Sec. 3202. Assistance for Israel.

Sec. 3203. Assistance for Egypt.

Sec. 3204. International Fund for Ireland.

Sec. 3205. Law enforcement assistance.

CHAPTER 2—ASSISTANCE FOR PRIVATE SECTOR PROGRAMS AND ACTIVITIES

Sec. 3211. Private sector enterprise funds.

Sec. 3212. Trans-Caucasus enterprise funds.

Sec. 3213. Micro and small enterprise development credits.

Sec. 3214. Microenterprise development grants.

CHAPTER 3—DEVELOPMENT ASSISTANCE
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SUBCHAPTER A—DEVELOPMENT ASSISTANCE AUTHORITIES

Sec. 3221. Authorizations of appropriations.

Sec. 3222. Assistance for family planning.

Sec. 3223. Assistance for the independent states of the former Soviet Union.

Sec. 3224. Effectiveness of United States development assistance.

SUBCHAPTER B—OPERATING EXPENSES

Sec. 3231. Operating expenses generally.

Sec. 3232. Operating expenses of the office of the Inspector General.

CHAPTER 4—PUBLIC LAW 480

Sec. 3241. Authorization of appropriations.

CHAPTER 5—HOUSING GUARANTEE PROGRAM

Sec. 3251. Authorization of appropriations for administrative expenses.

CHAPTER 6—PEACE CORPS

Sec. 3261. Peace Corps.

Sec. 3262. Activities of the Peace Corps in the former Soviet Union.

Sec. 3263. Prohibition on use of funds for abortions.

CHAPTER 7—INTERNATIONAL DISASTER ASSISTANCE

Sec. 3271. Authority to provide reconstruction assistance.

Sec. 3272. Authorizations of appropriations.

CHAPTER 8—OTHER PROVISIONS

Sec. 3281. Exemption from restrictions on assistance through nongovernmental

organizations.

Sec. 3282. Funding requirements relating to United States private and voluntary organizations.

Sec. 3283. Documentation requested of private and voluntary organizations.

Sec. 3284. Foreign government parking fines.

TITLE XXXIII—REGIONAL PROVISIONS

Sec. 3301. Prohibition on assistance to foreign governments providing assistance to Cuba.

Sec. 3302. Assistance for Nicaragua.

Sec. 3303. Eligibility of Panama under Arms Export Control Act.

Sec. 3304. Future of the United States military presence in Panama.

Sec. 3305. Peace and stability in the South China Sea.

Sec. 3306. Assistance for Zaire.

TITLE XXXIV—SPECIAL AUTHORITIES AND OTHER PROVISIONS

CHAPTER 1—SPECIAL AUTHORITIES

Sec. 3401. Enhanced transfer authority.

Sec. 3402. Authority to meet unanticipated contingencies.

Sec. 3403. Special waiver authority.

Sec. 3404. Termination of assistance.

CHAPTER 2—OTHER PROVISIONS
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Sec. 3411. Congressional presentation documents.

Sec. 3412. Prohibition on assistance to foreign governments engaged in espionage against the United States.

Sec. 3413. Debt restructuring for foreign assistance.

Sec. 3414. Debt buybacks or sales for debt swaps.

Sec. 3415. Impact on jobs in the United States.

Sec. 3416. Prohibition on assistance to foreign governments that export lethal

military equipment to countries supporting international terrorism.

CHAPTER 3—REPEALS

Sec. 3421. Repeal of obsolete provisions.

TITLE XXXV—EFFECTIVE DATE

Sec. 3501. Effective date.

1 DIVISION A—CONSOLIDATION

2 OF FOREIGN AFFAIRS AGENCIES

3 TITLE I—GENERAL PROVISIONS

4 SEC. 101. SHORT TITLE.

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

6 Agencies Consolidation Act of 1995’’.

7 SEC. 102. CONGRESSIONAL FINDINGS.

8 The Congress makes the following findings:

9 (1) With the end of the Cold War, the inter10 national challenges facing the United States have

11 changed, but the fundamental national interests of

12 the United States have not. The security, economic,

13 and humanitarian interests of the United States re14 quire continued American engagement in inter15 national affairs. The leading role of the United

16 States in world affairs will be as important in the

17 twenty-first century as it has been in the twentieth.
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1 (2) The United States budget deficit requires

2 that the foreign as well as the domestic programs

3 and activities of the United States be carefully re4 viewed for potential savings. Wherever possible, for5 eign programs and activities must be streamlined,

6 managed more efficiently, and adapted to the re7 quirements of the post-Cold War era.

8 (3) In order to downsize the foreign programs

9 and activities of the United States without jeopardiz10 ing United States interests, strong and effective

11 leadership will be required. As the official principally

12 responsible for the conduct of foreign policy, the

13 Secretary of State must have the authority to allo14 cate efficiently the resources within the international

15 affairs budget. As a first step in the downsizing

16 process, the proliferation of foreign affairs agencies

17 that occurred during the Cold War must be re18 versed, and the functions of these agencies must be

19 restored to the Secretary of State.

20 (4) A streamlined and reorganized foreign af21 fairs structure under the strengthened leadership of

22 the Secretary of State can more effectively promote

23 the international interests of the United States in

24 the next century than the existing structure.
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1 SEC. 103. PURPOSES.

2 The purposes of this division are—

3 (1) to consolidate and reinvent foreign affairs

4 agencies of the United States within the Department

5 of State;

6 (2) to provide for the reorganization of the De7 partment of State to maximize the efficient use of

8 resources, eliminate redundancy in functions, effect

9 budget savings, and improve the management of the

10 State Department;

11 (3) to strengthen—

12 (A) the coordination of United States for13 eign policy; and

14 (B) the leading role of the Secretary of

15 State in the formulation and articulation of

16 United States foreign policy; and

17 (4) to abolish, not later than March 1, 1997,

18 the United States Arms Control and Disarmament

19 Agency, the United States Information Agency, the

20 International Development Cooperation Agency, and

21 the Agency for International Development.

22 SEC. 104. DEFINITIONS.

23 The following terms have the following meaning for

24 the purposes of this division:

25 (1) The term ‘‘AID’’ means the Agency for

26 International Development.
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1 (2) The term ‘‘ACDA’’ means the United

2 States Arms Control and Disarmament Agency.

3 (3) The term ‘‘appropriate congressional com4 mittees’’ means the Committee on International Re5 lations of the House of Representatives and the

6 Committee of Foreign Relations of the Senate.

7 (4) The term ‘‘Department’’ means the Depart8 ment of State.

9 (5) The term ‘‘Federal agency’’ has the mean10 ing given to the term ‘‘agency’’ by section 551(1) of

11 title 5, United States Code.

12 (6) The term ‘‘function’’ means any duty, obli13 gation, power, authority, responsibility, right, privi14 lege, activity, or program.

15 (7) The term ‘‘office’’ includes any office, ad16 ministration, agency, institute, unit, organizational

17 entity, or component thereof.

18 (8) The term ‘‘Secretary’’ means the Secretary

19 of State.

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

21 Information Agency.
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1 TITLE II—UNITED STATES ARMS

2 CONTROL AND DISAR3 MAMENT AGENCY

4 CHAPTER 1—GENERAL PROVISIONS

5 SEC. 201. EFFECTIVE DATE.

6 (a) IN GENERAL.—Except as provided in subsection

7 (b), this title, and the amendments made by this title, shall

8 take effect—

9 (1) March 1, 1997; or

10 (2) on such earlier date as the President shall

11 determine to be appropriate and announce by notice

12 published in the Federal Register, which date may

13 be not earlier than 60 calendar days (excluding any

14 day on which either House of Congress is not in ses15 sion because of an adjournment sine die) after the

16 President has submitted a reorganization plan to the

17 appropriate congressional committees pursuant to

18 section 221.

19 (b) REORGANIZATION PLAN.—Section 221 shall take

20 effect on the date of enactment of this Act.

21 SEC. 202. REFERENCES IN TITLE.

22 Except as specifically provided in this title, whenever

23 in this title an amendment or repeal is expressed in terms

24 of an amendment to, or repeal of, a provision, the ref-
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1 erence shall be considered to be made to a provision of

2 the Arms Control and Disarmament Act.

3 CHAPTER 2—ABOLITION OF UNITED

4 STATES ARMS CONTROL AND DISAR5 MAMENT AGENCY AND TRANSFER OF

6 FUNCTIONS TO SECRETARY OF STATE

7 SEC. 211. ABOLITION OF UNITED STATES ARMS CONTROL

8 AND DISARMAMENT AGENCY.

9 The United States Arms Control and Disarmament

10 Agency is abolished.

11 SEC. 212. TRANSFER OF FUNCTIONS TO SECRETARY OF

12 STATE.

13 There are transferred to the Secretary of State all

14 functions of the Director of the United States Arms Con15 trol and Disarmament Agency and all functions of the

16 United States Arms Control and Disarmament Agency

17 and any officer or component of such agency under any

18 statute, reorganization plan, Executive order, or other pro19 vision of law before the effective date of this title, except

20 as otherwise provided in this title.
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1 CHAPTER 3—REORGANIZATION OF DE2 PARTMENT OF STATE RELATING TO

3 FUNCTIONS TRANSFERRED UNDER

4 THIS TITLE

5 SEC. 221. REORGANIZATION PLAN.

6 (a) SUBMISSION OF PLAN.—Not later than March 1,

7 1996, the President, in consultation with the Secretary

8 and the Director of the Arms Control and Disarmament

9 Agency, shall transmit to the appropriate congressional

10 committees a reorganization plan providing for—

11 (1) the abolition of the Arms Control and Dis12 armament Agency in accordance with this title;

13 (2) the transfer to the Department of State of

14 the functions and personnel of the Arms Control and

15 Disarmament Agency consistent with the provisions

16 of this title; and

17 (3) the consolidation, reorganization, and

18 streamlining of the Department upon the transfer of

19 functions under this title in order to carry out such

20 functions.

21 (b) PLAN ELEMENTS.—The plan under subsection

22 (a) shall—

23 (1) identify the functions of the Arms Control

24 and Disarmament Agency that will be transferred to

25 the Department under the plan;
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1 (2) identify the personnel and positions of the

2 Agency (including civil service personnel, Foreign

3 Service personnel, and detailees) that will be trans4 ferred to the Department, separated from service

5 with the Agency, or be eliminated under the plan,

6 and set forth a schedule for such transfers, separa7 tions, and terminations;

8 (3) identify the personnel and positions of the

9 Department (including civil service personnel, For10 eign Service personnel, and detailees) that will be

11 transferred within the Department, separated from

12 service with the Department, or eliminated under

13 the plan, and set forth a schedule for such transfers,

14 separations, and terminations;

15 (4) specify the consolidations and reorganiza16 tion of functions of the Department that will be re17 quired under the plan in order to permit the Depart18 ment to carry out the functions transferred to the

19 Department under the plan;

20 (5) specify the funds available to the Arms Con21 trol and Disarmament Agency that will be trans22 ferred to the Department as a result of the transfer

23 of functions of the Agency to the Department;

24 (6) specify the proposed allocations within the

25 Department of unexpended funds transferred in con-
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1 nection with the transfer of functions under the

2 plan; and

3 (7) specify the proposed disposition of the prop4 erty, facilities, contracts, records, and other assets

5 and liabilities of the Agency in connection with the

6 transfer of the functions of the Agency to the De7 partment.

8 (c) ASSISTANT SECRETARY POSITIONS.—The plan

9 under subsection (a) shall provide for an appropriate num10 ber of Assistant Secretaries of State to carry out the func11 tions transferred to the Department under this title.

12 SEC. 222. PRINCIPAL OFFICERS.

13 (a) UNDER SECRETARY OF STATE FOR INTER14 NATIONAL SECURITY AND ARMS CONTROL.—

15 (1) ESTABLISHMENT.—Section 1(b) of the

16 State Department Basic Authorities Act of 1956 (22

17 U.S.C. 2651a(b) is amended—

18 (A) by striking ‘‘There’’ and inserting the

19 following:

20 ‘‘(1) IN GENERAL.—There’’; and

21 (B) by adding at the end the following:

22 ‘‘(2) UNDER SECRETARY FOR INTERNATIONAL

23 SECURITY AND ARMS CONTROL.—There shall be in

24 the Department of State an Under Secretary for

25 International Security and Arms Control who shall
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1 have responsibility to assist the Secretary and the

2 Deputy Secretary in the formation and implementa3 tion of United States policies and activities concern4 ing international security, arms control and disar5 mament, and export controls.’’.

6 (2) TRANSITION PROVISION.—The President

7 may appoint the individual serving as Director of the

8 Arms Control and Disarmament Agency on the day

9 before the effective date of this title, or such other

10 official appointed by and with the advice and con11 sent of the Senate and serving within the Depart12 ment of State or the Arms Control and Disar13 mament Agency on the day before the effective date

14 of the title as the President considers appropriate, to

15 serve as the acting Under Secretary for Inter16 national Security and Arms Control until an individ17 ual is appointed to that office in accordance with

18 section 1(b)(1) of the Department of State Basic

19 Authorities Act of 1956, as amended by this Act.

20 (b) COORDINATOR FOR ARMS CONTROL AND DISAR21 MAMENT.—Section 1(e) of the State Department Basic

22 Authorities Act of 1956 (22 U.S.C. 2651a(e)) is amended

23 by adding after paragraph (3) the following new para24 graph:
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1 ‘‘(4) COORDINATOR FOR ARMS CONTROL AND

2 DISARMAMENT.—

3 ‘‘(A) There shall be within the office of the

4 Secretary of State a Coordinator for Arms Con5 trol and Disarmament (hereafter in this para6 graph referred to as the ‘‘Coordinator’’ who

7 shall be appointed by the President, by and

8 with the advice and consent of the Senate. The

9 Coordinator shall report directly to the Sec10 retary of State.

11 ‘‘(B) The individual appointed to serve as

12 Coordinator for Arms Control and Disar13 mament shall be the same individual appointed

14 to serve as Assistant Secretary for Arms Con15 trol and Disarmament.

16 ‘‘(C) The Coordinator shall have the rank

17 and status of Ambassador-at-Large. The Coor18 dinator shall be compensated at the annual rate

19 of basic pay in effect for a position at level IV

20 of the Executive Schedule under section 5314

21 of title 5, United States Code, or, if the Coordi22 nator is appointed from the Foreign Service,

23 the annual rate of pay which the individual last

24 received under the Foreign Service Schedule,

25 whichever is greater.’’.
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1 (c) ASSISTANT SECRETARIES.—

2 (1) ESTABLISHMENT OF ASSISTANT SECRETARY

3 FOR ARMS CONTROL AND DISARMAMENT.—Section

4 1(c) of the State Department Basic Authorities Act

5 of 1956 (22 U.S.C. 2651a(c) is amended by adding

6 after paragraph (2) the following:

7 ‘‘(3) ASSISTANT SECRETARY FOR ARMS CON8 TROL AND DISARMAMENT.—

9 ‘‘(A) There shall be in the Department of

10 State an Assistant Secretary for Arms Control

11 and Disarmament who shall be responsible for

12 arms control and disarmament matters and who

13 shall report to the Under Secretary for Inter14 national Security and Arms Control.

15 ‘‘(B) The individual appointed to serve as

16 Assistant Secretary for Arms Control and Dis17 armament shall be the same individual ap18 pointed to serve as the Coordinator for Arms

19 Control and Disarmament. The Assistant Sec20 retary for Arms Control and Disarmament shall

21 be compensated in accordance with subsection

22 (e)(4)(C).

23 ‘‘(4) ASSISTANT SECRETARY FOR NON24 PROLIFERATION AND EXPORT CONTROLS.—There

25 shall be in the Department of State an Assistant
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1 Secretary for Nonproliferation and Export Controls

2 who shall be responsible for arms transfers, non3 proliferation policy, and export controls and who

4 shall report to the Under Secretary for International

5 Security and Arms Control.’’.

6 (2) TRANSITION PROVISION.—The President

7 may appoint the individual serving as Director of the

8 Arms Control and Disarmament Agency on the day

9 before the effective date of this title, or such other

10 officials appointed by and with the advice and con11 sent of the Senate and serving within the Depart12 ment of State or the Arms Control and Disar13 mament Agency on the day before the effective date

14 of this title as the President considers appropriate,

15 to serve as the acting Assistant Secretary for Arms

16 Control and Disarmament and to serve as the acting

17 Assistant Secretary for Nonproliferation and Export

18 Controls until individuals are appointed to those of19 fices in accordance with section 1(c)(1) of the State

20 Department Basic Authorities Act of 1956, as

21 amended by this Act.
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1 CHAPTER 4—CONFORMING AMENDMENTS

2 SEC. 241. REFERENCES.

3 Any reference in any statute, reorganization plan,

4 Executive order, regulation, agreement, determination, or

5 other official document or proceeding to—

6 (1) the Director of the United States Arms

7 Control and Disarmament Agency or any other offi8 cer or employee of the United States Arms Control

9 and Disarmament Agency shall be deemed to refer

10 to the Secretary of State; and

11 (2) the United States Arms Control and Disar12 mament Agency shall be deemed to refer to the De13 partment of State.

14 SEC. 242. REPEAL OF ESTABLISHMENT OF AGENCY.

15 Section 21 of the Arms Control and Disarmament

16 Act (22 U.S.C. 2561; relating to the establishment of the

17 agency) is repealed.

18 SEC. 243. REPEAL OF POSITIONS AND OFFICES.

19 The following sections of the Arms Control and Dis20 armament Act are repealed:

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

22 Director).

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

24 Deputy Director).
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1 (3) Section 24 (22 U.S.C. 2564; relating to As2 sistant Directors).

3 (4) Section 25 (22 U.S.C. 2565; relating to bu4 reaus, offices, and divisions).

5 (5) Section 50 (22 U.S.C 2593; relating to the

6 ACDA Inspector General).

7 SEC. 244. TRANSFER OF AUTHORITIES AND FUNCTIONS

8 UNDER THE ARMS CONTROL AND DISAR9 MAMENT ACT TO THE SECRETARY OF STATE.

10 (a) IN GENERAL.—The Arms Control and Disar11 mament Act (22 U.S.C. 2551 et seq.) is amended—

12 (1) by striking ‘‘Agency’’ each place it appears

13 and inserting ‘‘Department’’; and

14 (2) by striking ‘‘Director’’ each place it appears

15 and inserting ‘‘Secretary’’.

16 (b) PURPOSE.—Section 2 (22 U.S.C. 2551) is re17 pealed.

18 (c) DEFINITIONS.—Section 3 (22 U.S.C. 2552) is

19 amended by striking paragraph (c) and inserting the fol20 lowing:

21 ‘‘(c) The term ‘Department’ means the Depart22 ment of State.

23 ‘‘(d) The term ‘Secretary’ means the Secretary

24 of State.’’.
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1 (d) SCIENTIFIC AND POLICY ADVISORY COMMIT2 TEE.—Section 26(b) (22 U.S.C. 2566(b)) is amended by

3 striking ‘‘, the Secretary of State, and the Director’’ and

4 inserting ‘‘and the Secretary of State’’.

5 (e) PRESIDENTIAL SPECIAL REPRESENTATIVES.—

6 Section 27 (22 U.S.C. 2567) is amended by striking ‘‘,

7 acting through the Director’’.

8 (f) PROGRAM FOR VISITING SCHOLARS.—Section 28

9 (22 U.S.C. 2568) is amended—

10 (1) in the second sentence, by striking ‘‘Agen11 cy’s activities’’ and inserting ‘‘Department’s arms

12 control, nonproliferation, and disarmament activi13 ties’’; and

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

15 former Directors of the Agency’’.

16 (g) POLICY FORMULATION.—Section 33(a) (22

17 U.S.C. 2573(a)) is amended by striking ‘‘shall prepare for

18 the President, the Secretary of State,’’ and inserting

19 ‘‘shall prepare for the President’’.

20 (h) NEGOTIATION MANAGEMENT.—Section 34 (22

21 U.S.C. 2574) is amended—

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

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

24 President’’; and

25 (2) by striking subsection (b).
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1 (i) VERIFICATION OF COMPLIANCE.—Section 37(d)

2 (22 U.S.C. 2577(d)) is amended by striking ‘‘Director’s

3 designee’’ and inserting ‘‘Secretary’s designee’’.

4 (j) GENERAL AUTHORITY.—Section 41 (22 U.S.C.

5 2581) is repealed.

6 (k) SECURITY REQUIREMENTS.—Section 45(a) (22

7 U.S.C. 2585(a)) is amended in the second sentence by

8 striking ‘‘Agency’s’’ and inserting ‘‘Department’s’’.

9 (l) USE OF FUNDS.—Section 48 (22 U.S.C. 2588)

10 is repealed.

11 (m) ANNUAL REPORT.—Section 51(a) (22 U.S.C.

12 2593a(a)) is amended by striking ‘‘the Secretary of

13 State,’’.

14 (n) REQUIREMENT FOR AUTHORIZATION OF APPRO15 PRIATIONS.—Section 53 (22 U.S.C. 2593c) is repealed.

16 (o) ON-SITE INSPECTION AGENCY.—Section 61 (22

17 U.S.C. 2595) is amended—

18 (1) in paragraph (1), by striking ‘‘United

19 States Arms Control and Disarmament Agency’’ and

20 inserting ‘‘Department of State’’; and

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

22 States Arms Control and Disarmament Agency

23 and’’.
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1 SEC. 245. CONFORMING AMENDMENTS TO OTHER PROVI2 SIONS OF LAW.

3 (a) ARMS EXPORT CONTROL ACT.—The Arms Ex4 port Control Act is amended—

5 (1) in section 36(b)(1)(D) (22 U.S.C.

6 2776(b)(1)(D)), by striking ‘‘Director of the Arms

7 Control and Disarmament Agency in consultation

8 with the Secretary of State and’’ and inserting ‘‘Sec9 retary of State in consultation with’’;

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

11 2778(a)(2))—

12 (A) in the first sentence, by striking ‘‘Di13 rector of the United States Arms Control and

14 Disarmament Agency, taking into account the

15 Director’s’’ and inserting ‘‘Secretary of State,

16 taking into account the Secretary’s’’; and

17 (B) in the second sentence, by striking

18 ‘‘The Director of the Arms Control and Disar19 mament Agency is authorized, whenever the Di20 rector’’ and inserting ‘‘The Secretary of State is

21 authorized, whenever the Secretary’’;

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

23 (A) in paragraph (1)(C), by striking ‘‘Di24 rector of the United States Arms Control and

25 Disarmament Agency’’ and inserting ‘‘Secretary

26 of State’’; and
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1 (B) in paragraph (2)—

2 (i) in the first sentence, by striking

3 ‘‘Director of the United States Arms Con4 trol and Disarmament Agency’’ and insert5 ing ‘‘Secretary of State’’; and

6 (ii) in the second sentence, by striking

7 ‘‘Director of the Arms Control and Disar8 mament Agency is authorized, whenever

9 the Director’’ and inserting ‘‘Secretary of

10 State, whenever the Secretary’’;

11 (4) in section 71(a) (22 U.S.C. 2797(a)), by

12 striking ‘‘, the Director of the Arms Control and

13 Disarmament Agency,’’ and inserting ‘‘, Secretary of

14 State,’’;

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

16 by striking ‘‘Director of the United States Arms

17 Control and Disarmament Agency’’ and inserting

18 ‘‘Secretary of State’’;

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

20 2797(b)(2))—

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

22 States Arms Control and Disarmament Agen23 cy’’ and inserting ‘‘Secretary of State’’; and

24 (B) by striking ‘‘, or the Director’’;
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1 (7) in section 71(c) (22 U.S.C. 2797(c)), by

2 striking ‘‘Director of the United States Arms Con3 trol and Disarmament Agency,’’ and inserting ‘‘Sec4 retary of State’’; and

5 (8) in section 73(d) (22 U.S.C. 2797(d)), by

6 striking ‘‘Director of the United States Arms Con7 trol and Disarmament Agency’’ and inserting ‘‘Sec8 retary of State’’.

9 (b) UNITED STATES INSTITUTE OF PEACE ACT.—

10 Section 1706(b) of the United States Institute of Peace

11 Act (22 U.S.C. 4605(b)) is amended—

12 (1) by striking out paragraph (3);

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

14 paragraphs (3) and (4), respectively; and

15 (3) in paragraph (4) (as redesignated by para16 graph (2)), by striking ‘‘Eleven’’ and inserting

17 ‘‘Twelve’’.

18 (c) THE ATOMIC ENERGY ACT OF 1954.—The Atom19 ic Energy Act of 1954 is amended—

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

21 (A) in the first sentence, by striking ‘‘the

22 Arms Control and Disarmament Agency,’’, and

23 (B) in the second sentence, by striking

24 ‘‘the Director of the Arms Control and Disar25 mament Agency,’’; and
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1 (2) in section 123 (42 U.S.C. 2153)—

2 (A) in subsection a. (in the text after para3 graph (9)—

4 (i) by striking ‘‘and in consultation

5 with the Director of the Arms Control and

6 Disarmament Agency (‘the Director’)’’,

7 and

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

9 and inserting ‘‘and the Secretary of De10 fense’’,

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

12 striking ‘‘Director of the Arms Control and Dis13 armament Agency’’ and inserting ‘‘Secretary of

14 Defense’’, and

15 (C) in the first undesignated paragraph

16 following subsection d., by striking ‘‘the Arms

17 Control and Disarmament Agency,’’.

18 (d) THE NUCLEAR NON-PROLIFERATION ACT OF

19 1978.—The Nuclear Non-Proliferation Act of 1978 is

20 amended—

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

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

23 State, and the Director of the Arms Control and

24 Disarmament Agency’’ and inserting ‘‘and the Sec25 retary of State’’; and
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1 (3) in section 602(c), by striking ‘‘the Arms

2 Control and Disarmament Agency,’’.

3 (e) TITLE 5, UNITED STATES CODE.—Title 5,

4 United States Code, is amended—

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

6 United States Arms Control and Disarmament

7 Agency.’’;

8 (2) in section 5314, by striking ‘‘Deputy Direc9 tor of the United States Arms Control and Disar10 mament Agency.’’; and

11 (3) in section 5315, by striking ‘‘Assistant Di12 rectors, United States Arms Control and Disar13 mament Agency (4).’’.

14 TITLE III—UNITED STATES

15 INFORMATION AGENCY

16 CHAPTER 1—GENERAL PROVISIONS

17 SEC. 301. EFFECTIVE DATE.

18 (a) IN GENERAL.—Except as provided in subsection

19 (b), this title, and the amendments made by this title, shall

20 take effect—

21 (1) March 1, 1997; or

22 (2) on such earlier date as the President shall

23 determine to be appropriate and announce by notice

24 published in the Federal Register, which date may

25 be not earlier than 60 calendar days (excluding any
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1 day on which either House of Congress is not in ses2 sion because of an adjournment sine die) after the

3 President has submitted a reorganization plan to the

4 appropriate congressional committees pursuant to

5 section 321.

6 (b) REORGANIZATION PLAN.—Section 321 shall take

7 effect on the date of enactment of this Act.

8 CHAPTER 2—ABOLITION OF UNITED

9 STATES INFORMATION AGENCY AND

10 TRANSFER OF FUNCTIONS TO SEC11 RETARY OF STATE

12 SEC. 311. ABOLITION OF UNITED STATES INFORMATION

13 AGENCY.

14 The United States Information Agency is abolished.

15 SEC. 312. TRANSFER OF FUNCTIONS TO SECRETARY OF

16 STATE.

17 There are transferred to the Secretary of State all

18 functions of the Director of the United States Information

19 Agency and all functions of the United States Information

20 Agency and any officer or component of such agency

21 under any statute, reorganization plan, Executive order,

22 or other provision of law before the effective date of this

23 title, except as otherwise provided in this title.
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1 CHAPTER 3—REORGANIZATION OF DE2 PARTMENT OF STATE RELATING TO

3 FUNCTIONS TRANSFERRED UNDER

4 THIS TITLE

5 SEC. 321. REORGANIZATION PLAN.

6 (a) SUBMISSION OF PLAN.—Not later than March 1,

7 1996, the President, in consultation with the Secretary

8 and the Director of the United States Information Agency,

9 shall transmit to the appropriate congressional committees

10 a reorganization plan providing for—

11 (1) the abolition of the United States Informa12 tion Agency in accordance with this title;

13 (2) the transfer to the Department of State of

14 the functions and personnel of the United States In15 formation Agency consistent with the provisions of

16 this title; and

17 (3) the consolidation, reorganization, and

18 streamlining of the Department upon the transfer of

19 functions under this title in order to carry out such

20 functions.

21 (b) PLAN ELEMENTS.—The plan under subsection

22 (a) shall—

23 (1) identify the functions of the United States

24 Information Agency that will be transferred to the

25 Department under the plan;
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1 (2) identify the personnel and positions of the

2 Agency (including civil service personnel, Foreign

3 Service personnel, and detailees) that will be trans4 ferred to the Department, separated from service

5 with the Agency, or be eliminated under the plan,

6 and set forth a schedule for such transfers, separa7 tions, and terminations;

8 (3) identify the personnel and positions of the

9 Department (including civil service personnel, For10 eign Service personnel, and detailees) that will be

11 transferred within the Department, separated from

12 service with the Department, or eliminated under

13 the plan, and set forth a schedule for such transfers,

14 separations, and terminations;

15 (4) specify the consolidations and reorganiza16 tion of functions of the Department that will be re17 quired under the plan in order to permit the Depart18 ment to carry out the functions transferred to the

19 Department under the plan;

20 (5) specify the funds available to the United

21 States Information Agency that will be transferred

22 to the Department as a result of the transfer of

23 functions of the Agency to the Department;

24 (6) specify the proposed allocations within the

25 Department of unexpended funds transferred in con-
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1 nection with the transfer of functions under the

2 plan; and

3 (7) specify the proposed disposition of the prop4 erty, facilities, contracts, records, and other assets

5 and liabilities of the Agency in connection with the

6 transfer of the functions of the Agency to the De7 partment.

8 (c) ASSISTANT SECRETARY POSITIONS.—The plan

9 under subsection (a) shall provide for an appropriate num10 ber of Assistant Secretaries of State to carry out the func11 tions transferred to the Department under this title.

12 SEC. 322. PRINCIPAL OFFICERS.

13 (a) UNDER SECRETARY OF STATE FOR PUBLIC DI14 PLOMACY.—

15 (1) ESTABLISHMENT.—Section 1(b) of the

16 State Department Basic Authorities Act of 1956 (22

17 U.S.C. 2651a(b) is amended by adding after para18 graph (2) the following new paragraph:

19 ‘‘(3) UNDER SECRETARY FOR PUBLIC DIPLO20 MACY.—There shall be in the Department of State

21 an Under Secretary for Public Diplomacy who shall

22 have responsibility to assist the Secretary and the

23 Deputy Secretary in the formation and implementa24 tion of United States public diplomacy policies and

25 activities, including international educational and
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1 cultural exchange programs, information, and inter2 national broadcasting.’’.

3 (2) TRANSITION PROVISION.—The President

4 may appoint the individual serving as Director of the

5 United States Information Agency on the day before

6 the effective date of this title, or such other official

7 appointed by and with the advice and consent of the

8 Senate and serving within the Department of State

9 or the United States Information Agency as the

10 President considers appropriate, to serve as the act11 ing Under Secretary for Public Diplomacy until an

12 individual is appointed to that office in accordance

13 with section (1)(b)(1) of the State Department

14 Basic Authorities Act of 1956, as amended by this

15 Act.

16 (b) ASSISTANT SECRETARIES.—

17 (1) ESTABLISHMENT.—Section 1(c) of the

18 State Department Basic Authorities Act of 1956 (22

19 U.S.C. 2651a(c)) is amended by adding after para20 graph (3) the following:

21 ‘‘(4) ASSISTANT SECRETARY FOR ACADEMIC

22 PROGRAMS AND CULTURAL EXCHANGES.—There

23 shall be in the Department of State an Assistant

24 Secretary for Academic Programs and Cultural Ex-
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1 changes who shall report to the Under Secretary for

2 Public Diplomacy.

3 ‘‘(5) ASSISTANT SECRETARY FOR INFORMA4 TION, POLICY, AND PROGRAMS.—There shall be in

5 the Department of State an Assistant Secretary for

6 Information, Policy, and Programs who shall report

7 to the Under Secretary for Public Diplomacy.’’.

8 (2) TRANSITION PROVISION.—The President

9 may appoint such officials appointed by and with the

10 advice and consent of the Senate and serving within

11 the Department of State or the United States Infor12 mation Agency as the President considers appro13 priate to serve as the acting Assistant Secretary for

14 Academic Programs and Cultural Exchanges and to

15 serve as the acting Assistant Secretary for Informa16 tion, Policy, and Programs until individuals are ap17 pointed to those offices in accordance with section

18 1(c)(1) of the State Department Basic Authorities

19 Act of 1956, as amended by this Act.

20 CHAPTER 4—CONFORMING AMENDMENTS

21 SEC. 341. REFERENCES.

22 Any reference in any statute, reorganization plan,

23 Executive order, regulation, agreement, determination, or

24 other official document or proceeding to—
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1 (1) the Director of the United States Informa2 tion Agency, the Director of the International Com3 munication Agency, or any other officer or employee

4 of the United States Information Agency shall be

5 deemed to refer to the Secretary of State; and

6 (2) the United States Information Agency,

7 USIA, or the International Communication Agency

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

9 SEC. 342. ABOLITION OF OFFICE OF INSPECTOR GENERAL

10 OF THE UNITED STATES INFORMATION

11 AGENCY AND TRANSFER OF FUNCTIONS TO

12 OFFICE OF INSPECTOR GENERAL OF THE DE13 PARTMENT OF STATE.

14 (a) ABOLITION OF OFFICE OF INSPECTOR GENERAL

15 OF THE USIA.—

16 (1) The Office of Inspector General of the Unit17 ed States Information Agency is abolished.

18 (2) Section 11 of the Inspector General Act of

19 1978 (5 U.S.C. App.) is amended—

20 (A) in paragraph (1) by striking ‘‘, the Of21 fice of Personnel Management or the United

22 States Information Agency’’ and inserting ‘‘or

23 the Office of Personnel Management’’; and

24 (B) in paragraph (2) by striking ‘‘the

25 United States Information Agency,’’.
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1 (3) Section 5315 of title 5, United States Code,

2 is amended by striking the following:

3 ‘‘Inspector General, United States Information

4 Agency.’’.

5 (b) FUNCTIONS OF OFFICE OF INSPECTOR GENERAL

6 OF THE UNITED STATES INFORMATION AGENCY TRANS7 FERRED TO OFFICE OF INSPECTOR GENERAL OF THE DE8 PARTMENT OF STATE.—There are transferred to the Of9 fice of the Inspector General of the Department of State

10 the functions that the Office of Inspector General of the

11 United States Information Agency exercised before the ef12 fective date of this title (including all related functions of

13 the Inspector General of the United States Information

14 Agency).

15 (c) TRANSFER AND ALLOCATIONS OF APPROPRIA16 TIONS AND PERSONNEL.—The Director of the Office of

17 Management and Budget, in consultation with the Sec18 retary of State, is authorized to make such incidental dis19 positions of personnel, assets, liabilities, grants, contracts,

20 property, records, and unexpended balances of appropria21 tions, authorizations, allocations, and other funds held,

22 used, arising from, available to, or to be made available

23 in connection with such functions, as may be necessary

24 to carry out the provisions of this section.
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1 SEC. 343. AMENDMENTS TO TITLE 5.

2 Title 5, United States Code, is amended—

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

4 United States Information Agency.’’;

5 (2) in section 5315, by striking ‘‘Deputy Direc6 tor of the United States Information Agency.’’; and

7 (3) in section 5316, by striking ‘‘Deputy Direc8 tor, Policy and Plans, United States Information

9 Agency.’’ and striking ‘‘Associate Director (Policy

10 and Plans), United States Information Agency.’’.

11 SEC. 344. AMENDMENTS TO UNITED STATES INFORMATION

12 AND EDUCATIONAL EXCHANGE ACT OF 1948.

13 (a) IN GENERAL.—Except as otherwise provided in

14 this section, the United States Information and Edu15 cational Exchange Act of 1948 (22 U.S.C. 1431 et seq.)

16 is amended—

17 (1) by striking ‘‘United States Information

18 Agency’’ each place it appears and inserting ‘‘De19 partment of State’’;

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

21 Information Agency’’ each place it appears and in22 serting ‘‘Secretary of State’’;

23 (3) by striking ‘‘Director’’ each place it appears

24 and inserting ‘‘Secretary of State’’;

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

26 and inserting ‘‘Department of State’’; and
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1 (5) by striking ‘‘Agency’’ each place it appears

2 and inserting ‘‘Department of State’’.

3 (b) SATELLITE AND TELEVISION BROADCASTS.—

4 Section 505 of the United States Information and Edu5 cational Exchange Act of 1948 (22 U.S.C. 1464a) is

6 amended—

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

8 Information Agency’’ each of the four places it ap9 pears and inserting ‘‘Secretary of State’’;

10 (2) in subsection (b), by striking ‘‘To be effec11 tive, the United States Information Agency’’ and in12 serting ‘‘To be effective in carrying out this sub13 section, the Department of State’’;

14 (3) by striking ‘‘USIA–TV’’ each place it ap15 pears and inserting ‘‘DEPARTMENT OF STATE–

16 TV’’; and

17 (4) by striking subsection (e).

18 (c) UNITED STATES ADVISORY COMMISSION ON PUB19 LIC DIPLOMACY.—Section 604 of the United States Infor20 mation and Educational Exchange Act of 1948 (22 U.S.C.

21 1469) is amended—

22 (1) in subsection (c)(1)—

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

24 States Information Agency,’’; and
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1 (B) by striking ‘‘Director or the Agency,

2 and shall appraise the effectiveness of policies

3 and programs of the Agency’’ and inserting

4 ‘‘Secretary of State or the Department of State,

5 and shall appraise the effectiveness of the infor6 mation, educational, and cultural policies and

7 programs of the Department’’;

8 (2) in subsection (c)(2)—

9 (A) in the first sentence by striking ‘‘the

10 Secretary of State, and the Director of the

11 United States Information Agency’’ and insert12 ing ‘‘and the Secretary of State’’;

13 (B) in the second sentence by striking ‘‘by

14 the Agency’’ and inserting ‘‘by the Department

15 of State’’; and

16 (C) by striking ‘‘Director for effectuating

17 the purposes of the Agency’’ and inserting

18 ‘‘Secretary for effectuating the information,

19 educational, and cultural functions of the De20 partment’’;

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

22 conducted by the Agency’’ and inserting ‘‘informa23 tion, educational, and cultural programs conducted

24 by the Department of State’’; and
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1 (4) in subsection (c)(4), by striking ‘‘Director

2 of the United States Information Agency’’ and in3 serting ‘‘Secretary of State’’.

4 SEC. 345. AMENDMENTS TO THE MUTUAL EDUCATIONAL

5 AND CULTURAL EXCHANGE ACT OF 1961

6 (FULBRIGHT-HAYS ACT).

7 (a) IN GENERAL.—The Mutual Educational and Cul8 tural Exchange Act of 1961 (22 U.S.C. 2451 et seq.) is

9 amended by striking ‘‘Director of the International Com10 munication Agency’’ and ‘‘Director’’ each place either

11 term appears and inserting ‘‘Secretary of State’’.

12 (b) REPEAL OF DEFUNCT ADVISORY COMMIS13 SIONS.—Section 106 of such Act (22 U.S.C. 2456) is

14 amended by striking subsection (c).

15 (c) BUREAU OF EDUCATIONAL AND CULTURAL AF16 FAIRS.—Section 112 of the Mutual Educational and Cul17 tural Exchange Act of 1961 (22 U.S.C. 2460) is amend18 ed—

19 (1) by striking the first sentence of subsection

20 (a);

21 (2) by striking ‘‘Bureau’’ each place it appears

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

23 (3) by striking subsection (e).
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1 SEC. 346. INTERNATIONAL BROADCASTING ACTIVITIES.

2 (a) IN GENERAL.—Title III of the Foreign Relations

3 Authorization Act, Fiscal Years 1994 and 1995 (Public

4 Law 103–236) is amended—

5 (1) in section 305(b)(1), by striking ‘‘Agency’s’’

6 and inserting ‘‘Department’s’’;

7 (2) in section 306, by striking ‘‘, acting through

8 the Director of the United States Information Agen9 cy,’’ and inserting ‘‘, acting through the Under Sec10 retary of State for Public Diplomacy,’’;

11 (3) by striking ‘‘Director of the United States

12 Information Agency’’ each place it appears and in13 serting ‘‘Secretary of State’’;

14 (4) by striking all references to ‘‘United States

15 Information Agency’’ that were not stricken in para16 graph (3) and inserting ‘‘Department of State’’;

17 (5) by striking ‘‘Bureau’’ each place it appears

18 and inserting ‘‘Office’’; and

19 (6) in section 305(a)(1), by striking ‘‘title,’’ and

20 inserting ‘‘title (including activities of the Voice of

21 America previously carried out by the United States

22 Information Agency),’’.

23 (b) CONFORMING AMENDMENT TO TITLE 5.—Sec24 tion 5315 of title 5, United States Code, is amended by

25 striking ‘‘Director of the International Broadcasting Bu26 reau, the United States Information Agency’’ and insert-
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1 ing ‘‘Director of the International Broadcasting Office,

2 the Department of State’’.

3 SEC. 347. TELEVISION BROADCASTING TO CUBA.

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

5 Broadcasting to Cuba Act (as contained in part D of title

6 II of Public Law 101–246) (22 U.S.C. 1465bb(a)) is

7 amended by striking ‘‘United States Information Agency

8 (hereafter in this part referred to as the ‘Agency’)’’ and

9 inserting ‘‘Department of State (hereafter in this part re10 ferred to as the ‘Department’)’’.

11 (b) TELEVISION MARTI SERVICE.—Section 244 of

12 such Act (22 U.S.C. 1465cc) is amended—

13 (1) in subsection (a)—

14 (A) by amending the first sentence to read

15 as follows: ‘‘The Secretary of State shall admin16 ister within the Voice of America the Television

17 Marti Service.’’; and

18 (B) in the third sentence, by striking ‘‘Di19 rector of the United States Information Agen20 cy’’ and inserting ‘‘Secretary of State’’;

21 (2) in subsection (b)—

22 (A) in the subsection heading, by striking

23 ‘‘USIA’’ and inserting ‘‘DEPARTMENT OF

24 STATE’’,
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1 (B) by striking ‘‘Agency facilities’’ and in2 serting ‘‘Department facilities’’; and

3 (C) by striking ‘‘United States Information

4 Agency Television Service’’ and inserting ‘‘De5 partment of State Television Service’’; and

6 (3) in subsection (c)—

7 (A) by striking ‘‘USIA AUTHORITY.—The

8 Agency’’ and inserting ‘‘SECRETARY OF STATE

9 AUTHORITY.—The Secretary of State’’; and

10 (B) by striking ‘‘Agency’’ the second place

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

12 (c) ASSISTANCE FROM OTHER GOVERNMENT AGEN13 CIES.—Section 246 of such Act (22 U.S.C. 1465dd) is

14 amended—

15 (1) by striking ‘‘United States Information

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

17 (2) by striking ‘‘the Agency’’ and inserting ‘‘the

18 Department’’.

19 (d) AUTHORIZATION OF APPROPRIATIONS.—Section

20 247(a) of such Act (22 U.S.C. 1465ee(a)) is repealed.

21 SEC. 348. RADIO BROADCASTING TO CUBA.

22 (a) FUNCTIONS OF THE DEPARTMENT OF STATE.—

23 Section 3 of the Radio Broadcasting to Cuba Act (22

24 U.S.C. 1465a) is amended—
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1 (1) in the section heading, by striking ‘‘UNITED

2 STATES INFORMATION AGENCY’’ and inserting ‘‘DE3 PARTMENT OF STATE’’;

4 (2) in subsection (a), by striking ‘‘United

5 States Information Agency (hereafter in this Act re6 ferred to as the ‘Agency’)’’ and inserting ‘‘Depart7 ment of State (hereafter in this Act referred to as

8 the ‘Department’)’’; and

9 (3) in subsection (f), by striking ‘‘Director of

10 the United States Information Agency’’ and insert11 ing ‘‘Secretary of State’’.

12 (b) CUBA SERVICE.—Section 4 of such Act (22

13 U.S.C. 1465b) is amended—

14 (1) by amending the first sentence to read as

15 follows: ‘‘The Secretary of State shall administer

16 within the Voice of America the Cuba Service (here17 after in this section referred to as the ‘Service’).’’;

18 and

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

20 of the United States Information Agency’’ and in21 serting ‘‘Secretary of State’’.

22 (c) ASSISTANCE FROM OTHER GOVERNMENT AGEN23 CIES.—Section 6 of such Act (22 U.S.C. 1465d) is amend24 ed—

25 (1) in subsection (a)—
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1 (A) by striking ‘‘United States Information

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

3 and

4 (B) by striking ‘‘the Agency’’ and inserting

5 ‘‘the Department’’; and

6 (2) in subsection (b)—

7 (A) by striking ‘‘The Agency’’ and insert8 ing ‘‘The Department’’; and

9 (B) by striking ‘‘the Agency’’ and inserting

10 ‘‘the Secretary of State’’.

11 (d) FACILITY COMPENSATION.—Section 7 of such

12 Act (22 U.S.C. 1465e) is amended—

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

14 and inserting ‘‘the Department’’; and

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

16 inserting ‘‘Department’’.

17 (e) AUTHORIZATION OF APPROPRIATIONS.—Section

18 8 of such Act (22 U.S.C. 1465f) is amended—

19 (1) by striking subsections (a) and (b) and in20 serting the following:

21 ‘‘(a) The amount obligated by the Department of

22 State each fiscal year to carry out this Act shall be suffi23 cient to maintain broadcasts to Cuba under this Act at

24 rates no less than the fiscal year 1985 level of obligations
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1 by the former United States Information Agency for such

2 broadcasts.’’; and

3 (2) by redesignating subsection (c) as sub4 section (b).

5 SEC. 349. NATIONAL ENDOWMENT FOR DEMOCRACY.

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

7 amended (22 U.S.C. 4412) is amended—

8 (1) in subsection (a)—

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

10 States Information Agency’’ and inserting ‘‘Sec11 retary of State’’;

12 (B) by striking ‘‘the Agency’’ and inserting

13 ‘‘the Department of State’’; and

14 (C) by striking ‘‘the Director’’ and insert15 ing ‘‘the Secretary of State’’; and

16 (2) in subsection (b), by striking ‘‘United

17 States Information Agency’’ and inserting ‘‘Depart18 ment of State’’.

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

20 4413(g)) is amended by striking ‘‘United States Informa21 tion Agency’’ and inserting ‘‘Department of State’’.

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

23 such Act (22 U.S.C. 4415) is amended—

24 (1) in subsection (b)—
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1 (A) by striking ‘‘Director’’ each of the

2 three places it appears and inserting ‘‘Sec3 retary’’; and

4 (B) by striking ‘‘of the United States In5 formation Agency’’ and inserting ‘‘of State’’;

6 and

7 (2) in subsection (c)—

8 (A) in the subsection heading by striking

9 ‘‘USIA’’ and inserting ‘‘DEPARTMENT OF

10 STATE’’;

11 (B) by striking ‘‘Director’’ each of the

12 three places it appears and inserting ‘‘Sec13 retary’’;

14 (C) by striking ‘‘of the United States In15 formation Agency’’ and inserting ‘‘of State’’;

16 and

17 (D) by striking ‘‘United States Informa18 tion Agency’’ and inserting ‘‘Department of

19 State’’.

20 SEC. 350. UNITED STATES SCHOLARSHIP PROGRAM FOR

21 DEVELOPING COUNTRIES.

22 (a) PROGRAM AUTHORITY.—Section 603 of the For23 eign Relations Authorization Act, Fiscal Years 1986 and

24 1987 (22 U.S.C. 4703) is amended by striking ‘‘United
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1 States Information Agency’’ and inserting ‘‘Department

2 of State’’.

3 (b) GUIDELINES.—Section 604(11) of such Act (22

4 U.S.C. 4704(11)) is amended by striking ‘‘United States

5 Information Agency’’ and inserting ‘‘Department of

6 State’’.

7 (c) POLICY REGARDING OTHER INTERNATIONAL

8 EDUCATIONAL PROGRAMS.—Section 606(b) of such Act

9 (22 U.S.C. 4706(b)) is amended—

10 (1) in the subsection heading, by striking

11 ‘‘USIA’’ and inserting ‘‘STATE DEPARTMENT’’; and

12 (2) by striking ‘‘Director of United States In13 formation Agency’’ and inserting ‘‘Secretary of

14 State’’.

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

16 Act (22 U.S.C. 4709(e)) is amended by striking ‘‘United

17 States Information Agency’’ and inserting ‘‘Department

18 of State’’.

19 SEC. 351. FASCELL FELLOWSHIP BOARD.

20 Section 1003(b) of the Fascell Fellowship Act (22

21 U.S.C. 4902(b)) is amended—

22 (1) in the text above paragraph (1), by striking

23 ‘‘9 members’’ and inserting ‘‘8 members’’;

24 (2) by striking paragraph (3); and
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1 (3) by redesignating paragraph (4) as para2 graph (3).

3 SEC. 352. NATIONAL SECURITY EDUCATION BOARD.

4 Section 803 of the Intelligence Authorization Act,

5 Fiscal Year 1992 (50 U.S.C. 1903(b)) is amended—

6 (1) in subsection (b)—

7 (A) by striking paragraph (6); and

8 (B) by redesignating paragraphs (7) and

9 (8) as paragraphs (6) and (7); and

10 (2) in subsection (c), by striking ‘‘subsection

11 (b)(7)’’ and inserting ‘‘subsection (b)(6)’’.

12 SEC. 353. CENTER FOR CULTURAL AND TECHNICAL INTER13 CHANGE BETWEEN NORTH AND SOUTH.

14 Section 208 of the Foreign Relations Authorization

15 Act, Fiscal Years 1992 and 1993 (22 U.S.C. 2075) is

16 amended by striking ‘‘Director of the United States Infor17 mation Agency’’ each place it appears and inserting ‘‘Sec18 retary of State’’.

19 SEC. 354. EAST-WEST CENTER.

20 (a) DUTIES.—Section 703 of the Mutual Security Act

21 of 1960 (22 U.S.C. 2055) is amended—

22 (1) in the text above paragraph (1), by striking

23 ‘‘Director of the United States Information Agency

24 (hereinafter referred to as the ‘Director’)’’ and in-
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1 serting ‘‘Secretary of State (hereinafter referred to

2 as the ‘Secretary’)’’; and

3 (2) in paragraph (1), by striking ‘‘establishment

4 and’’.

5 (b) ADMINISTRATION.—Section 704 of such Act (22

6 U.S.C. 2056) is amended—

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

8 Information Agency’’ and inserting ‘‘Secretary of

9 State’’; and

10 (2) by striking ‘‘Director’’ each place it appears

11 and inserting ‘‘Secretary’’.

12 SEC. 355. MISSION OF THE DEPARTMENT OF STATE.

13 Section 202 of the Foreign Relations Authorization

14 Act, Fiscal Year 1979 (22 U.S.C. 1461–1) is amended—

15 (1) in the first sentence, by striking ‘‘mission of

16 the International Communication Agency’’ and in17 serting ‘‘mission of the Department of State in car18 rying out its information, educational, and cultural

19 functions’’;

20 (2) in the second sentence, in the text above

21 paragraph (1), by striking ‘‘International Commu22 nication Agency’’ and inserting ‘‘Department of

23 State’’;

24 (3) in paragraph (1)(B), by striking ‘‘Agency’’

25 and inserting ‘‘Department’’; and
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1 (4) in paragraph (5), by striking ‘‘mission of

2 the Agency’’ and inserting ‘‘mission described in this

3 section’’.

4 SEC. 356. CONSOLIDATION OF ADMINISTRATIVE SERVICES.

5 Section 23(a) of the State Department Basic Au6 thorities Act of 1956 (22 U.S.C. 2695(a)) is amended—

7 (1) by striking ‘‘(including’’ and all that follows

8 through ‘‘Agency)’’; and

9 (2) by striking ‘‘other such agencies’’ and in10 serting ‘‘other Federal agencies’’.

11 SEC. 357. GRANTS.

12 Section 212 of the Foreign Relations Authorization

13 Act, Fiscal Years 1992 and 1993 (22 U.S.C. 1475h) is

14 amended—

15 (1) in subsection (a), by striking ‘‘United

16 States Information Agency’’ and inserting ‘‘Depart17 ment of State, in carrying out its international infor18 mation, educational, and cultural functions,’’;

19 (2) in subsection (b), by striking ‘‘United

20 States Information Agency’’ and inserting ‘‘Depart21 ment of State’’;

22 (3) in subsection (c)—

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

24 States Information Agency shall substantially

25 comply with United States Information Agen-
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1 cy’’ and inserting ‘‘Department of State, in car2 rying out its international information, edu3 cational, and cultural functions, shall substan4 tially comply with Department of State’’; and

5 (B) in paragraphs (2) and (3)—

6 (i) by striking ‘‘United States Infor7 mation Agency’’ and inserting ‘‘Depart8 ment of State’’; and

9 (ii) by striking ‘‘Agency’’ each of the

10 places it appears and inserting ‘‘Depart11 ment’’; and

12 (4) by striking subsection (d).

13 SEC. 358. BAN ON DOMESTIC ACTIVITIES.

14 Section 208 of the Foreign Relations Authorization

15 Act, Fiscal Years 1986 and 1987 (22 U.S.C. 1461–1a)

16 is amended—

17 (1) by striking out ‘‘United States Information

18 Agency’’ each of the two places it appears and in19 serting ‘‘Department of State’’; and

20 (2) by inserting ‘‘in carrying out its inter21 national information, educational, and cultural ac22 tivities’’ before ‘‘shall be distributed’’.
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1 SEC. 359. CONFORMING REPEAL TO THE ARMS CONTROL

2 AND DISARMAMENT ACT.

3 Section 34(b) of the Arms Control and Disarmament

4 Act (22 U.S.C. 2574(b)) is repealed.

5 SEC. 360. REPEAL RELATING TO PROCUREMENT OF LEGAL

6 SERVICES.

7 Section 26(b) of the State Department Basic Au8 thorities Act of 1956 (22 U.S.C. 2698(b)) is repealed.

9 SEC. 361. REPEAL RELATING TO PAYMENT OF SUBSIST10 ENCE EXPENSES.

11 Section 32 of the State Department Basic Authorities

12 Act of 1956 (22 U.S.C. 2704) is amended by striking the

13 second sentence.

14 SEC. 362. CONFORMING AMENDMENT TO THE SEED ACT.

15 Section 2(c) of the Support for East European De16 mocracy (SEED) Act of 1989 (22 U.S.C. 5401(c)) is

17 amended in paragraph (17) by striking ‘‘United States In18 formation Agency’’ and inserting ‘‘Department of State’’.

19 SEC. 363. INTERNATIONAL CULTURAL AND TRADE CENTER

20 COMMISSION.

21 Section 7(c) of the Federal Triangle Development Act

22 (40 U.S.C. 1106(c)) is amended—

23 (1) in the text above subparagraph (A), by

24 striking ‘‘15 members’’ and inserting ‘‘14 mem25 bers’’;

26 (2) by striking subparagraph (F); and
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1 (3) by redesignating subparagraphs (G)

2 through (J) as subparagraphs (F) through (I),

3 respectively.

4 SEC. 364. FOREIGN SERVICE ACT OF 1980.

5 (a) OTHER AGENCIES UTILIZING SERVICE.—Section

6 202(a) of the Foreign Service Act of 1980 (22 U.S.C.

7 3922(a)) is amended by striking paragraph (1).

8 (b) BOARD OF THE FOREIGN SERVICE.—Section 210

9 of such Act (22 U.S.C. 3930) is amended by striking ‘‘the

10 United States Information Agency, the United States

11 International Development Cooperation Agency,’’.

12 SEC. 365. AU PAIR PROGRAMS.

13 Section 8 of the Eisenhower Exchange Fellowship

14 Act of 1990 (Public Law 101–454) is amended by striking

15 ‘‘Director of the United States Information Agency’’ and

16 inserting ‘‘Secretary of State’’.

17 SEC. 366. EXCHANGE PROGRAM WITH COUNTRIES IN TRAN18 SITION FROM TOTALITARIANISM TO DEMOC19 RACY.

20 Section 602 of the National and Community Service

21 Act of 1990 (22 U.S.C. 2452a) is amended—

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

23 striking ‘‘United States Information Agency’’ and

24 inserting ‘‘Department of State’’; and

25 (2) in subsection (b)—
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1 (A) by striking ‘‘appropriations account of

2 the United States Information Agency’’ and in3 serting ‘‘appropriate appropriations account of

4 the Department of State’’; and

5 (B) by striking ‘‘and the United States In6 formation Agency’’.

7 SEC. 367. EDMUND S. MUSKIE FELLOWSHIP PROGRAM.

8 Section 227 of the Foreign Relations Authorization

9 Act, Fiscal Years 1992 and 1993 (22 U.S.C. 2452 note)

10 is amended—

11 (1) by striking ‘‘United States Information

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

13 (2) by striking subsection (d).

14 SEC. 368. IMPLEMENTATION OF CONVENTION ON CUL15 TURAL PROPERTY.

16 Title III of the Convention on Cultural Property Im17 plementation Act (19 U.S.C. 2601 et seq.) is amended by

18 striking ‘‘Director of the United States Information Agen19 cy’’ each place it appears and inserting ‘‘Secretary of

20 State’’.

21 SEC. 369. MIKE MANSFIELD FELLOWSHIPS.

22 Section 252(a) of the Foreign Relations Authoriza23 tion Act, Fiscal Years 1994 and 1995 (22 U.S.C. 6101(a))

24 is amended by striking ‘‘Director of the United States In25 formation Agency’’ and inserting ‘‘Secretary of State’’.
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1 TITLE IV—AGENCY FOR

2 INTERNATIONAL DEVELOPMENT

3 CHAPTER 1—GENERAL PROVISIONS

4 SEC. 401. EFFECTIVE DATE.

5 (a) IN GENERAL.—Except as provided in subsection

6 (b), this title, and the amendments made by this title, shall

7 take effect—

8 (1) on March 1, 1997; or

9 (2) on such earlier date as the President shall

10 determine to be appropriate and announce by notice

11 published in the Federal Register, which date may

12 be not earlier than 60 calendar days (excluding any

13 day on which either House of Congress is not in ses14 sion because of an adjournment sine die) after the

15 President has submitted a reorganization plan to the

16 appropriate congressional committees pursuant to

17 section 421.

18 (b) REORGANIZATION PLAN.—Section 421 shall take

19 effect on the date of enactment of this Act.

20 SEC. 402. REFERENCES IN TITLE.

21 Except as specifically provided in this title, whenever

22 in this title an amendment or repeal is expressed in terms

23 of an amendment to, or repeal of, a provision, the ref24 erence shall be considered to be made to a provision of

25 the Foreign Assistance Act of 1961.
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1 CHAPTER 2—ABOLITION OF THE AGENCY

2 FOR INTERNATIONAL DEVELOPMENT

3 AND TRANSFER OF FUNCTIONS TO

4 SECRETARY OF STATE

5 SEC. 411. ABOLITION OF AGENCY FOR INTERNATIONAL DE6 VELOPMENT AND THE INTERNATIONAL DE7 VELOPMENT COOPERATION AGENCY.

8 The Agency for International Development and the

9 International Development Cooperation Agency are abol10 ished.

11 SEC. 412. TRANSFER OF FUNCTIONS TO SECRETARY OF

12 STATE.

13 There are transferred to the Secretary of State all

14 functions of the Administrator of the Agency for Inter15 national Development and the Director of the Inter16 national Development Cooperation Agency and all func17 tions of the Agency for International Development and the

18 International Development Cooperation Agency and any

19 officer or component of such agencies under any statute,

20 reorganization plan, Executive order, or other provision of

21 law before the effective date of this title, except as other22 wise provided in this title.
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1 CHAPTER 3—REORGANIZATION OF DE2 PARTMENT OF STATE RELATING TO

3 FUNCTIONS TRANSFERRED UNDER

4 THIS TITLE

5 SEC. 421. REORGANIZATION PLAN.

6 (a) SUBMISSION OF PLAN.—Not later than March 1,

7 1996, the President, in consultation with the Secretary

8 and the Administrator of the Agency for International De9 velopment, shall transmit to the appropriate congressional

10 committees a reorganization plan providing for—

11 (1) the abolition of the Agency for International

12 Development in accordance with this title;

13 (2) the transfer to the Department of State of

14 the functions and personnel of the Agency for Inter15 national Development consistent with the provisions

16 of this title; and

17 (3) the consolidation, reorganization, and

18 streamlining of the Department upon the transfer of

19 functions under this title in order to carry out such

20 functions.

21 (b) PLAN ELEMENTS.—The plan under subsection

22 (a) shall—

23 (1) identify the functions of the Agency for

24 International Development that will be transferred

25 to the Department under the plan;
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1 (2) identify the personnel and positions of the

2 Agency (including civil service personnel, Foreign

3 Service personnel, and detailees) that will be trans4 ferred to the Department, separated from service

5 with the Agency, or be eliminated under the plan,

6 and set forth a schedule for such transfers, separa7 tions, and terminations;

8 (3) identify the personnel and positions of the

9 Department (including civil service personnel, For10 eign Service personnel, and detailees) that will be

11 transferred within the Department, separated from

12 service with the Department, or eliminated under

13 the plan, and set forth a schedule for such transfers,

14 separations, and terminations;

15 (4) specify the consolidations and reorganiza16 tion of functions of the Department that will be re17 quired under the plan in order to permit the Depart18 ment to carry out the functions transferred to the

19 Department under the plan;

20 (5) specify the funds available to the Agency for

21 International Development that will be transferred

22 to the Department under this title as a result of the

23 transfer of functions of the Agency to the Depart24 ment;
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1 (6) specify the proposed allocations within the

2 Department of unexpended funds transferred in con3 nection with the transfer of functions under the

4 plan; and

5 (7) specify the proposed disposition of the prop6 erty, facilities, contracts, records, and other assets

7 and liabilities of the Agency in connection with the

8 transfer of the functions of the Agency to the De9 partment.

10 (c) ASSISTANT SECRETARY POSITIONS.—The plan

11 under subsection (a) shall provide for an appropriate num12 ber of Assistant Secretaries of State to carry out the func13 tions transferred to the Department under this title.

14 SEC. 422. PRINCIPAL OFFICERS.

15 (a) UNDER SECRETARY OF STATE FOR DEVELOP16 MENT, TRADE PROMOTION, AND ECONOMIC AFFAIRS.—

17 (1) ESTABLISHMENT.—Section 1(b) of the

18 State Department Basic Authorities Act of 1956 (22

19 U.S.C. 2651a(b)) is amended by adding after para20 graph (3) the following new paragraph:

21 ‘‘(4) UNDER SECRETARY FOR DEVELOPMENT,

22 TRADE PROMOTION, AND ECONOMIC AFFAIRS.—

23 There shall be in the Department of State an Under

24 Secretary for Development, Trade Promotion, and

25 Economic Affairs who shall assist the Secretary and
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1 the Deputy Secretary in the formation and imple2 mentation of United States policies and activities

3 concerning international development, trade pro4 motion, and economic affairs.’’.

5 (b) TRANSITION PROVISION.—The President may ap6 point the individual serving as Administrator of the Agen7 cy for International Development on the day before the

8 effective date of this title, or such other official appointed

9 by and with the advice and consent of the Senate and serv10 ing within the Department of State or the Agency for

11 International Development as the President considers ap12 propriate, to serve as the acting Under Secretary for De13 velopment, Trade Promotion, and Economic Affairs until

14 an individual is appointed to that office in accordance with

15 section 1(b)(1) of the State Department Basic Authorities

16 Act of 1956, as amended by this Act.

17 SEC. 423. INTERNATIONAL DEVELOPMENT FOUNDATION.

18 (a) ESTABLISHMENT.—There shall be within the De19 partment of State an International Development Founda20 tion (hereafter in this title referred to as the ‘‘Founda21 tion’’).

22 (b) PRESIDENT AND CHIEF EXECUTIVE OFFICER.—

23 The Foundation shall be headed by the Under Secretary

24 of State for Development, Trade Promotion, and Eco25 nomic Affairs, who shall be the President and Chief Exec-
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1 utive Officer of the Foundation. The President and Chief

2 Executive Officer shall be responsible, and shall report,

3 directly to the Secretary.

4 (c) FUNCTIONS.—All development functions under

5 the Foreign Assistance Act of 1961 of the Department

6 of State shall be carried out through the Foundation.

7 (d) CONDUCT OF DEVELOPMENT PROJECTS.—Under

8 the direction of the Secretary, the President and Chief Ex9 ecutive Officer of the Foundation shall consult with the

10 appropriate Assistant Secretaries of State concerning all

11 development projects of the Foundation. A development

12 project of the Foundation may be carried out only with

13 the approval of the appropriate Assistant Secretary of

14 State with regional responsibility for any country involved

15 with the project.

16 CHAPTER 4—CONFORMING AMENDMENTS

17 SEC. 441. REFERENCES.

18 Any reference in any statute, reorganization plan,

19 Executive order, regulation, agreement, determination, or

20 other official document or proceeding to—

21 (1) the Administrator of the Agency for Inter22 national Development, or any other officer or em23 ployee of the Agency for International Development

24 shall be deemed to refer to the Secretary of State;
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1 (2) the Director or any other officer or em2 ployee of the International Development Cooperation

3 Agency (IDCA) shall be deemed to refer to the Sec4 retary of State; or

5 (3) the Agency for International Development,

6 AID, the agency primarily responsible for admin7 istering part I of the Foreign Assistance Act of

8 1961, or the International Development Cooperation

9 Agency (IDCA) shall be deemed to refer to the De10 partment of State.

11 SEC. 442. ABOLITION OF OFFICE OF INSPECTOR GENERAL

12 OF THE AGENCY FOR INTERNATIONAL DE13 VELOPMENT AND TRANSFER OF FUNCTIONS

14 TO OFFICE OF INSPECTOR GENERAL OF THE

15 DEPARTMENT OF STATE.

16 (a) ABOLITION OF OFFICE OF INSPECTOR GENERAL

17 OF THE AGENCY FOR INTERNATIONAL DEVELOPMENT.—

18 The Office of Inspector General of the Agency for Inter19 national Development is abolished.

20 (b) AMENDMENTS TO THE INSPECTOR GENERAL ACT

21 OF 1978.—The Inspector General Act of 1978 (5 U.S.C.

22 App.) is amended as follows:

23 (1) Section 8A is repealed.
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1 (2) Section 11(1) is amended by striking ‘‘the

2 Administrator of the Agency for International Devel3 opment,’’.

4 (3) Section 11(2) is amended by striking ‘‘the

5 Agency for International Development,’’.

6 (c) AMENDMENTS TO TITLE 5, UNITED STATES

7 CODE.—Section 5315 of title 5, United States Code, is

8 amended by striking the following: ‘‘Inspector General,

9 Agency for International Development.’’.

10 (d) FUNCTIONS OF OFFICE OF INSPECTOR GENERAL

11 OF THE AGENCY FOR INTERNATIONAL DEVELOPMENT

12 TRANSFERRED TO OFFICE OF INSPECTOR GENERAL OF

13 THE DEPARTMENT OF STATE.—There are transferred to

14 the Office of Inspector General of the Department of State

15 the functions that the Office of Inspector General of the

16 Agency for International Development exercised before the

17 effective date of this title (including all related functions

18 of the Inspector General of the Agency for International

19 Development).

20 (e) TRANSFER AND ALLOCATIONS OF APPROPRIA21 TIONS AND PERSONNEL.—The Inspector General of the

22 Department of State, is authorized to make such inciden23 tal dispositions of personnel, assets, liabilities, grants, con24 tracts, property, records, and unexpended balances of ap25 propriations, authorizations, allocations, and other funds
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1 held, used, arising from, available to, or to be made avail2 able in connection with such functions, as may be nec3 essary to carry out the provisions of this section.

4 SEC. 443. ABOLITION OF CHIEF FINANCIAL OFFICER OF

5 THE AGENCY FOR INTERNATIONAL DEVELOP6 MENT AND TRANSFER OF FUNCTIONS TO

7 CHIEF FINANCIAL OFFICER DEPARTMENT OF

8 STATE.

9 (a) ABOLITION OF OFFICE OF CHIEF FINANCIAL OF10 FICER OF THE AGENCY FOR INTERNATIONAL DEVELOP11 MENT.—The Office of Chief Financial Officer of the Agen12 cy for International Development is abolished.

13 (b) AMENDMENT TO TITLE 31, UNITED STATES

14 CODE.—Section 901(b)(2) of title 31, United States Code,

15 is amended by striking subparagraph (A).

16 (c) FUNCTIONS OF OFFICE OF CHIEF FINANCIAL

17 OFFICER OF THE AGENCY FOR INTERNATIONAL DEVEL18 OPMENT TRANSFERRED TO OFFICE OF CHIEF FINANCIAL

19 OFFICER OF THE DEPARTMENT OF STATE.—There are

20 transferred to the Office of Chief Financial Officer of the

21 Department of State the functions that the Office of Chief

22 Financial Officer of the Agency for International Develop23 ment exercised before the effective date of this title (in24 cluding all related functions of the Chief Financial Officer

25 of the Agency for International Development).
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1 (d) TRANSFER AND ALLOCATIONS OF APPROPRIA2 TIONS AND PERSONNEL.—The Director of the Office of

3 Management and Budget, in consultation with the Sec4 retary of State, is authorized to make such incidental dis5 positions of personnel, assets, liabilities, grants, contracts,

6 property, records, and unexpended balances of appropria7 tions, authorizations, allocations, and other funds held,

8 used, arising from, available to, or to be made available

9 in connection with such functions, as may be necessary

10 to carry out the provisions of this section.

11 SEC. 444. AMENDMENTS TO TITLE 5, UNITED STATES CODE.

12 Title 5, United States Code, is amended—

13 (1) in section 5313, by striking ‘‘Administrator,

14 Agency for International Development.’’;

15 (2) in section 5314, by striking ‘‘Deputy Ad16 ministrator, Agency for International Develop17 ment.’’;

18 (3) in section 5315—

19 (A) by striking ‘‘Assistant Administrators,

20 Agency for International Development (6).’’;

21 and

22 (B) by striking ‘‘Regional Assistant Ad23 ministrators, Agency for International Develop24 ment (4).’’; and
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1 (4) in section 5316 by striking ‘‘General Coun2 sel of the Agency for International Development.’’.

3 SEC. 445. PUBLIC LAW 480 PROGRAM.

4 The Agricultural Trade Development and Assistance

5 Act of 1954 (Public Law 83–480; 7 U.S.C. 1691 et seq.)

6 is amended by striking ‘‘Administrator’’ each place it ap7 pears and inserting ‘‘Secretary of State’’.

8 TITLE V—TRANSITION

9 SEC. 501. REORGANIZATION AUTHORITY.

10 (a) IN GENERAL.—The Secretary is authorized, sub11 ject to the requirements of this division, to allocate or re12 allocate any function transferred to the Department under

13 any title of this division among the officers of the Depart14 ment, and to establish, consolidate, alter, or discontinue

15 such organizational entities within the Department as may

16 be necessary or appropriate to carry out any reorganiza17 tion under this division, but the authority of the Secretary

18 under this section does not extend to—

19 (1) the abolition of organizational entities or of20 ficers established by this Act or any other Act; or

21 (2) the alteration of the delegation of functions

22 to any specific organizational entity or officer re23 quired by this Act or any other Act.
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1 (b) REQUIREMENTS AND LIMITATIONS ON REORGA2 NIZATION PLANS.—A reorganization plan pursuant to any

3 title of this division may not have the effect of—

4 (1) creating a new executive department;

5 (2) continuing a function beyond the period au6 thorized by law for its exercise or beyond the time

7 when it would have terminated if the reorganization

8 had not been made;

9 (3) authorizing an agency to exercise a function

10 which is not authorized by law at the time the plan

11 is transmitted to Congress;

12 (4) creating a new agency which is not a com13 ponent or part of an existing executive department

14 or independent agency; or

15 (5) increasing the term of an office beyond that

16 provided by law for the office.

17 SEC. 502. TRANSFER AND ALLOCATION OF APPROPRIA18 TIONS AND PERSONNEL.

19 (a) IN GENERAL.—Except as otherwise provided in

20 this Act, the personnel employed in connection with, and

21 the assets, liabilities, contracts, property, records, and un22 expended balance of appropriations, authorizations, alloca23 tions, and other funds employed, held, used, arising from,

24 available to, or to be made available in connection with

25 the functions and offices, or portions thereof transferred
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1 by any title of this division, subject to section 1531 of title

2 31, United States Code, shall be transferred to the Sec3 retary for appropriate allocation.

4 (b) LIMITATION ON USE OF TRANSFERRED

5 FUNDS.—Unexpended and unobligated funds transferred

6 pursuant to any title of this division shall be used only

7 for the purposes for which the funds were originally au8 thorized and appropriated.

9 (c) AUTHORIZED STRENGTH OF THE FOREIGN SERV10 ICE.—When an agency is abolished under this division, the

11 limitations for fiscal years 1996 and 1997 under section

12 2351 of this Act on the members of the Foreign Service

13 authorized to be employed by such agency shall be added

14 to the limitations under such section which apply to the

15 Department of State.

16 SEC. 503. INCIDENTAL TRANSFERS.

17 The Director of the Office of Management and Budg18 et, in consultation with the Secretary of State, is author19 ized to make such incidental dispositions of personnel, as20 sets, liabilities, grants, contracts, property, records, and

21 unexpended balances of appropriations, authorizations, al22 locations, and other funds held, used, arising from, avail23 able to, or to be made available in connection with such

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

25 of any title of this division. The Director of the Office of
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1 Management and Budget, in consultation with the Sec2 retary of State, shall provide for the termination of the

3 affairs of all entities terminated by this division and for

4 such further measures and dispositions as may be nec5 essary to effectuate the purposes of any title of this divi6 sion.

7 SEC. 504. EFFECT ON PERSONNEL.

8 (a) EXECUTIVE SCHEDULE POSITIONS.—Except as

9 otherwise provided in this division, any person who, on the

10 day preceding the date of the abolition of an agency the

11 functions of which are transferred under any title of this

12 division, held a position compensated in accordance with

13 the Executive Schedule prescribed in chapter 53 of title

14 5, United States Code, and who, without a break in serv15 ice, is appointed in the Department to a position having

16 duties comparable to the duties performed immediately

17 preceding such appointment shall continue to be com18 pensated in such new position at not less than the rate

19 provided for such previous position, for the duration of

20 the service of such person in such new position.

21 (b) TERMINATION OF CERTAIN POSITIONS.—Posi22 tions whose incumbents are appointed by the President,

23 by and with the advice and consent of the Senate, the

24 functions of which are transferred by any title of this divi25 sion, shall terminate on the effective date of that title.
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1 (c) EXCEPTED SERVICE.—(1) Subject to paragraph

2 (2), in the case of employees occupying positions in the

3 excepted service or the Senior Executive Service, any ap4 pointment authority established pursuant to law or regula5 tions of the Office of Personnel Management for filling

6 such positions shall be transferred.

7 (2) The Department of State may decline a transfer

8 of authority under paragraph (1) (and the employees ap9 pointed pursuant thereto) to the extent that such author10 ity relates to positions excepted from the competitive serv11 ice because of their confidential, policy-making, policy-de12 termining, or policy-advocating character, and noncareer

13 positions in the Senior Executive Service (within the

14 meaning of section 3132(a)(7) of title 5, United States

15 Code).

16 (d) EMPLOYEE BENEFIT PROGRAMS.—(1) Any em17 ployee accepting employment with the Department of

18 State as a result of a transfer pursuant to any title of

19 this division may retain for 1 year after the date such

20 transfer occurs membership in any employee benefit pro21 gram of the former agency, including insurance, to which

22 such employee belongs on the date of the enactment of

23 this Act if—

24 (A) the employee does not elect to give up the

25 benefit or membership in the program; and
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1 (B) the benefit or program is continued by the

2 Secretary of State.

3 (2) The difference in the costs between the benefits

4 which would have been provided by such agency or entity

5 and those provided by this section shall be paid by the

6 Secretary of State. If any employee elects to give up mem7 bership in a health insurance program or the health insur8 ance program is not continued by the Secretary of State,

9 the employee shall be permitted to select an alternate Fed10 eral health insurance program within 30 days of such elec11 tion or notice, without regard to any other regularly sched12 uled open season.

13 (e) SENIOR EXECUTIVE SERVICE.—Any employee in

14 the career Senior Executive Service who is transferred

15 pursuant to any title of this division shall be placed in

16 a position at the Department of State which is comparable

17 to the position the employee held in the agency.

18 (f) ASSIGNMENTS.—(1) Transferring employees shall

19 be provided reasonable notice of new positions and assign20 ments prior to their transfer pursuant to any title of this

21 division.

22 (2) Foreign Service personnel transferred to the De23 partment of State pursuant to any title of this division

24 shall be eligible for any assignment open to Foreign Serv-
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1 ice personnel within the Department for which such trans2 ferred personnel are qualified.

3 (g) TREATMENT OF PERSONNEL EMPLOYED IN TER4 MINATED FUNCTIONS.—The provisions of this subsection

5 shall apply with respect to officers and employees of the

6 agencies identified in section 505(b) whose employment is

7 terminated as a result of the abolition of the agency or

8 the reorganization and consolidation of functions of the

9 Department of State under any title of this division:

10 (1) Under such regulations as the Office of Per11 sonnel Management may prescribe, the head of any

12 agency in the executive branch may appoint in the

13 competitive service any person who is certified by

14 the head of the former agency as having served sat15 isfactorily in the former agency and who passes such

16 examination as the Office of Personnel Management

17 may prescribe. Any person so appointed shall, upon

18 completion of the prescribed probationary period, ac19 quire a competitive status.

20 (2) The head of any agency in the executive

21 branch having an established merit system in the ex22 cepted service may appoint in such service any per23 son who is certified by the head of the former agen24 cy as having served satisfactorily in the former agen-
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1 cy and who passes such examination as the head of

2 such agency in the executive branch may prescribe.

3 (3) Any appointment under this subsection

4 shall be made within a period of one year after com5 pletion of the appointee’s service in the former agen6 cy.

7 (4) Any law, Executive order, or regulation

8 which would disqualify an applicant for appointment

9 in the competitive service or in the excepted service

10 concerned shall also disqualify an applicant for ap11 pointment under this subsection.

12 SEC. 505. VOLUNTARY SEPARATION INCENTIVES.

13 (a) AUTHORITY TO PAY INCENTIVES.—The head of

14 an agency referred to in subsection (b) may pay voluntary

15 incentive payments to employees of the agency in order

16 to avoid or minimize the need for involuntary separations

17 from the agency as a result of the abolition of the agency

18 and the reorganization and consolidation of functions of

19 the Department of State under any title of this division.

20 (b) COVERED AGENCIES.—Subsection (a) applies to

21 the following agencies:

22 (1) The Department of State.

23 (2) The United States Arms Control and Disar24 mament Agency.

25 (3) The United States Information Agency.
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1 (4) The Agency for International Development.

2 (c) PAYMENT REQUIREMENTS.—The head of an

3 agency shall pay voluntary separation incentive payments

4 in accordance with the provisions of section 3 of the Fed5 eral Workforce Restructuring Act of 1994 (Public Law

6 103–226; 108 Stat. 111), except that an employee of the

7 agency shall be deemed to be eligible for payment of a

8 voluntary separation incentive payment under that section

9 if the employee separates from service with the agency

10 during the period beginning on the date of enactment of

11 this Act and ending—

12 (1) in the case of an agency referred to in para13 graph (2), (3), or (4) of subsection (b), on the date

14 of the abolition of that agency under this division;

15 and

16 (2) in the case of the Department of State, on

17 March 1, 1997.

18 (d) TERMINATION OF AUTHORITY.—The authority of

19 the head of an agency to authorize payment of voluntary

20 separation incentive payments under this section shall ex21 pire on—

22 (1) in the case of an agency referred to in para23 graph (2), (3), or (4) of subsection (b), on the date

24 of the abolition of that agency under this division;

25 and
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1 (3) in the case of the Department of State,

2 March 1, 1997.

3 (e) BUDGET ACT COMPLIANCE.—Any new spending

4 authority (within the meaning of section 401 of the Con5 gressional Budget Act of 1974) which is provided under

6 this section shall be effective for any fiscal year only to

7 the extent or in such amounts as are provided in advance

8 in appropriations Acts.

9 SEC. 506. SAVINGS PROVISIONS.

10 (a) CONTINUING LEGAL FORCE AND EFFECT.—All

11 orders, determinations, rules, regulations, permits, agree12 ments, grants, contracts, certificates, licenses, registra13 tions, privileges, and other administrative actions—

14 (1) that have been issued, made, granted, or al15 lowed to become effective by the President, any Fed16 eral agency or official thereof, or by a court of com17 petent jurisdiction, in the performance of functions

18 that are transferred under any title of this division;

19 and

20 (2) that are in effect at the time such title

21 takes effect, or were final before the effective date

22 of such title and are to become effective on or after

23 the effective date of such title,

24 shall continue in effect according to their terms until

25 modified, terminated, superseded, set aside, or revoked in
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1 accordance with law by the President, the Secretary, or

2 other authorized official, a court of competent jurisdiction,

3 or by operation of law.

4 (b) PENDING PROCEEDINGS.—(1) The provisions of

5 any title of this division shall not affect any proceedings,

6 including notices of proposed rulemaking, or any applica7 tion for any license, permit, certificate, or financial assist8 ance pending on the effective date of any title of this divi9 sion before any department, agency, commission, or com10 ponent thereof, functions of which are transferred by any

11 title of this division. Such proceedings and applications,

12 to the extent that they relate to functions so transferred,

13 shall be continued.

14 (2) Orders shall be issued in such proceedings, ap15 peals shall be taken therefrom, and payments shall be

16 made pursuant to such orders, as if this Act had not been

17 enacted. Orders issued in any such proceedings shall con18 tinue in effect until modified, terminated, superseded, or

19 revoked by the Secretary, by a court of competent jurisdic20 tion, or by operation of law.

21 (3) Nothing in this Act shall be deemed to prohibit

22 the discontinuance or modification of any such proceeding

23 under the same terms and conditions and to the same ex24 tent that such proceeding could have been discontinued

25 or modified if this Act had not been enacted.
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1 (4) The Secretary is authorized to promulgate regula2 tions providing for the orderly transfer of proceedings con3 tinued under this subsection to the Department.

4 (c) NO EFFECT ON JUDICIAL PROCEEDINGS.—Ex5 cept as provided in subsection (e)—

6 (1) the provisions of this Act shall not affect

7 suits commenced prior to the effective date of this

8 Act, and

9 (2) in all such suits, proceedings shall be had,

10 appeals taken, and judgments rendered in the same

11 manner and effect as if this Act had not been en12 acted.

13 (d) NON-ABATEMENT OF PROCEEDINGS.—No suit,

14 action, or other proceeding commenced by or against any

15 officer in the official capacity of such individual as an offi16 cer of any department or agency, functions of which are

17 transferred by any title of this division, shall abate by rea18 son of the enactment of this Act. No cause of action by

19 or against any department or agency, functions of which

20 are transferred by any title of this division, or by or

21 against any officer thereof in the official capacity of such

22 officer shall abate by reason of the enactment of this Act.

23 (e) CONTINUATION OF PROCEEDING WITH SUBSTI24 TUTION OF PARTIES.—If, before the date on which any

25 title of this division takes effect, any department or agen-
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1 cy, or officer thereof in the official capacity of such officer,

2 is a party to a suit, and under this Act any function of

3 such department, agency, or officer is transferred to the

4 Secretary or any other official of the Department, then

5 such suit shall be continued with the Secretary or other

6 appropriate official of the Department substituted or

7 added as a party.

8 (f) REVIEWABILITY OF ORDERS AND ACTIONS

9 UNDER TRANSFERRED FUNCTIONS.—Orders and actions

10 of the Secretary in the exercise of functions transferred

11 under any title of this division shall be subject to judicial

12 review to the same extent and in the same manner as if

13 such orders and actions had been by the agency or office,

14 or part thereof, exercising such functions immediately pre15 ceding their transfer. Any statutory requirements relating

16 to notice, hearings, action upon the record, or administra17 tive review that apply to any function transferred by any

18 title of this division shall apply to the exercise of such

19 function by the Secretary.

20 SEC. 507. PROPERTY AND FACILITIES.

21 The Secretary of State shall review the property and

22 facilities transferred to the Department under this division

23 to determine whether such property and facilities are re24 quired by the Department.
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1 SEC. 508. AUTHORITY OF SECRETARY TO FACILITATE

2 TRANSITION.

3 Prior to, or after, any transfer of a function under

4 any title of this division, the Secretary is authorized to

5 utilize—

6 (1) the services of such officers, employees, and

7 other personnel of an agency with respect to func8 tions that will be or have been transferred to the De9 partment by any title of this division; and

10 (2) funds appropriated to such functions for

11 such period of time as may reasonably be needed to

12 facilitate the orderly implementation of any title of

13 this division.

14 SEC. 509. RECOMMENDATIONS FOR ADDITIONAL CON15 FORMING AMENDMENTS.

16 The Congress urges the President, in consultation

17 with the Secretary of State and the heads of other appro18 priate agencies, to develop and submit to the Congress rec19 ommendations for such additional technical and conform20 ing amendments to the laws of the United States as may

21 be appropriate to reflect the changes made by this divi22 sion.

23 SEC. 510. FINAL REPORT.

24 Not later than October 1, 1998, the President, in

25 consultation with the Secretary of the Treasury and the

26 Director of the Office of Management and Budget shall
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1 submit to the appropriate congressional committees a re2 port which provides a final accounting of the finances and

3 operations of the United States Arms Control and Disar4 mament Agency, the United States Information Agency,

5 and the Agency for International Development.

6 SEC. 511. SEVERABILITY.

7 If a provision of this division or its application to any

8 person or circumstance is held invalid, neither the remain9 der of this division nor the application of the provision

10 to other persons or circumstances shall be affected.

11 DIVISION B—FOREIGN

12 RELATIONS AUTHORIZATIONS

13 TITLE XX—GENERAL

14 PROVISIONS

15 SEC. 2001. SHORT TITLE.

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

17 Authorization Act, Fiscal Years 1996 and 1997’’.

18 SEC. 2002. DEFINITIONS.

19 The following terms have the following meaning for

20 the purposes of this division:

21 (1) The term ‘‘AID’’ means the Agency for

22 International Development.

23 (2) The term ‘‘ACDA’’ means the United

24 States Arms Control and Disarmament Agency.
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1 (3) The term ‘‘appropriate congressional com2 mittees’’ means the Committee on International Re3 lations of the House of Representatives and the

4 Committee of Foreign Relations of the Senate.

5 (4) The term ‘‘Department’’ means the Depart6 ment of State.

7 (5) The term ‘‘Federal agency’’ has the mean8 ing given to the term ‘‘agency’’ by section 551(1) of

9 title 5, United States Code.

10 (6) The term ‘‘function’’ means any duty, obli11 gation, power, authority, responsibility, right, privi12 lege, activity, or program.

13 (7) The term ‘‘office’’ includes any office, ad14 ministration, agency, institute, unit, organizational

15 entity, or component thereof.

16 (8) The term ‘‘Secretary’’ means the Secretary

17 of State.

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

19 Information Agency.
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1 TITLE XXI—AUTHORIZATION OF

2 APPROPRIATIONS FOR DE3 PARTMENT OF STATE AND

4 CERTAIN INTERNATIONAL AF5 FAIRS FUNCTIONS AND AC6 TIVITIES

7 CHAPTER 1—AUTHORIZATIONS OF

8 APPROPRIATIONS

9 SEC. 2101. ADMINISTRATION OF FOREIGN AFFAIRS.

10 (a) AUTHORIZATION OF APPROPRIATIONS.—The fol11 lowing amounts are authorized to be appropriated for the

12 Department of State under ‘‘Administration of Foreign

13 Affairs’’ to carry out the authorities, functions, duties, and

14 responsibilities in the conduct of the foreign affairs of the

15 United States and for other purposes authorized by law,

16 including the diplomatic security program:

17 (1) DIPLOMATIC AND CONSULAR PROGRAMS.—

18 (A) AUTHORIZATION OF APPROPRIA19 TIONS.—For ‘‘Diplomatic and Consular Pro20 grams’’, of the Department of State

21 $1,728,797,000 for the fiscal year 1996 and

22 $1,676,903,000 for the fiscal year 1997.

23 (B) LIMITATION.—Of the amounts author24 ized to be appropriated by subparagraph (A),

25 $5,000,000 for fiscal year 1996 and $5,000,000
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1 for fiscal year 1997 are authorized to be appro2 priated only for the purpose of processing immi3 grant visas for persons who are outside their

4 countries of nationality, have asserted a fear of

5 returning to their countries of nationality and a

6 credible basis for such fear, and for whom im7 migrant visas are currently available.

8 (2) SALARIES AND EXPENSES.—

9 (A) AUTHORIZATION OF APPROPRIA10 TIONS.—For ‘‘Salaries and Expenses’’, of the

11 Department of State $366,276,000 for the fis12 cal year 1996 and $355,287,000 for the fiscal

13 year 1997.

14 (B) LIMITATION.—Of the amounts author15 ized to be appropriated by subparagraph (A),

16 $11,900,000 for fiscal year 1996 and

17 $11,900,000 for fiscal year 1997 are authorized

18 to be appropriated only for salaries and ex19 penses of the Bureau of Refugee and Migration

20 Assistance.

21 (3) CAPITAL INVESTMENT FUND.—For ‘‘Cap22 ital Investment Fund’’, of the Department of State

23 $20,000,000 for the fiscal year 1996 and

24 $20,000,000 for the fiscal year 1997.
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1 (4) ACQUISITION AND MAINTENANCE OF BUILD2 INGS ABROAD.—For ‘‘Acquisition and Maintenance

3 of Buildings Abroad’’, $391,760,000 for the fiscal

4 year 1996 and $391,760,000 for the fiscal year

5 1997.

6 (5) REPRESENTATION ALLOWANCES.—For

7 ‘‘Representation Allowances’’, $4,780,000 for the

8 fiscal year 1996 and $4,780,000 for the fiscal year

9 1997.

10 (6) EMERGENCIES IN THE DIPLOMATIC AND

11 CONSULAR SERVICE.—For ‘‘Emergencies in the Dip12 lomatic and Consular Service’’, $6,000,000 for the

13 fiscal 1996 and $6,000,000 for the fiscal year 1997.

14 (7) OFFICE OF THE INSPECTOR GENERAL.—

15 For ‘‘Office of the Inspector General’’, $23,469,000

16 for the fiscal year 1996 and $23,469,000 for the fis17 cal year 1997.

18 (8) PAYMENT TO THE AMERICAN INSTITUTE IN

19 TAIWAN.—For ‘‘Payment to the American Institute

20 in Taiwan’’, $15,165,000 for the fiscal year 1996

21 and $14,710,000 for the fiscal year 1997.

22 (9) PROTECTION OF FOREIGN MISSIONS AND

23 OFFICIALS.—For ‘‘Protection of Foreign Missions

24 and Officials’’, $9,579,000 for the fiscal year 1996

25 and $9,579,000 for the fiscal year 1997.
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1 (10) REPATRIATION LOANS.—For ‘‘Repatri2 ation Loans’’, $776,000 for the fiscal year 1996 and

3 $776,000 for the fiscal year 1997, for administrative

4 expenses.

5 SEC. 2102. INTERNATIONAL ORGANIZATIONS, PROGRAMS,

6 AND CONFERENCES.

7 (a) ASSESSED CONTRIBUTIONS TO INTERNATIONAL

8 ORGANIZATIONS.—There are authorized to be appro9 priated for ‘‘Contributions to International Organiza10 tions’’, $873,505,000 for the fiscal year 1996 and

11 $867,050,000 for the fiscal year 1997 for the Department

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

13 responsibilities in the conduct of the foreign affairs of the

14 United States with respect to international organizations

15 and to carry out other authorities in law consistent with

16 such purposes.

17 (b) VOLUNTARY CONTRIBUTIONS TO INTER18 NATIONAL ORGANIZATIONS.—

19 (1) AUTHORIZATION OF APPROPRIATIONS.—

20 There are authorized to be appropriated for ‘‘Vol21 untary Contributions to International Organiza22 tions’’, $309,375,000 for the fiscal year 1996 and

23 $302,902,000 for the fiscal year 1997.

24 (2) LIMITATIONS.—

25 (A) UNICEF.—
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1 (i) Of the amounts authorized to be

2 appropriated under paragraph (1),

3 $103,000,000 for fiscal year 1996 and

4 $103,000,000 for fiscal year 1997 is au5 thorized to be appropriated only for the

6 United Nations Children’s Fund

7 (UNICEF).

8 (ii) For fiscal year 1996, not more

9 than 25 percent of the amount under

10 clause (i) may be made available to the

11 United Nations Children’s Fund

12 (UNICEF) until 30 days after the submis13 sion to Congress of the report required by

14 section 2524.

15 (B) INTERNATIONAL ATOMIC ENERGY

16 AGENCY.—Of the amounts authorized to be ap17 propriated under paragraph (1), for each of the

18 fiscal years 1996 and 1997 funds are author19 ized to be made available to the International

20 Atomic Energy Agency only if the Secretary of

21 State determines and reports to the appropriate

22 congressional committees that Israel is not

23 being denied its right to participate in the ac24 tivities of that agency.
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1 (C) WAR CRIMES TRIBUNAL FOR THE

2 FORMER YUGOSLAVIA.—Of the amounts author3 ized to be appropriated under paragraph (1),

4 $15,000,000 for fiscal year 1996 and

5 $15,000,000 for fiscal year 1997 are authorized

6 to be appropriated only for the United Nations

7 Voluntary Fund for the United Nations Inter8 national Criminal Tribunal for the Former

9 Yugoslavia, located at The Hague.

10 (D) WORLD FOOD PROGRAM.—Of the

11 amounts authorized to be appropriated under

12 paragraph (1), $5,000,000 for fiscal year 1996

13 and $5,000,000 for fiscal year 1997 are author14 ized to be appropriated only for the World Food

15 Program.

16 (E) UNITED NATIONS VOLUNTARY FUND

17 FOR VICTIMS OF TORTURE.—Of the amounts

18 authorized to be appropriated under paragraph

19 (1) $1,500,000 for fiscal year 1996 and

20 $3,000,000 for fiscal year 1997 are authorized

21 to be appropriated only to the United Nations

22 Voluntary Fund for Victims of Torture.

23 (F) ORGANIZATION FOR AMERICAN

24 STATES.—Of the amounts authorized to be ap25 propriated under paragraph (1), $15,000,000
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1 for fiscal year 1996 and $15,000,000 for fiscal

2 year 1997 are authorized to be appropriated

3 only for the Organization for American States.

4 (G) LIMITATION CONCERNING USE OF

5 FUNDS UNDER SECTION 307 OF THE FOREIGN

6 ASSISTANCE ACT OF 1961.—Notwithstanding

7 any other provision of law or of this Act, none

8 of the funds authorized to be appropriated

9 under paragraph (1) are authorized to be ap10 propriated for the United States proportionate

11 share, in accordance with section 307(c) of the

12 Foreign Assistance Act of 1961, for any pro13 grams identified in section 307, or for Libya,

14 Iran, or any Communist country listed in sec15 tion 620(f) of the Foreign Assistance Act of

16 1961.

17 (H) UNITED NATIONS DEVELOPMENT PRO18 GRAM.—

19 (i) TOTAL LIMITATION.—Of the

20 amounts authorized to be appropriated

21 under paragraph (1), for each of the fiscal

22 years 1996 and 1997 not to exceed

23 $70,000,000 shall be available for the

24 United Nations Development Program.

25 (ii) BURMA.—
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1 (I) Subject to subclauses (II) and

2 (III), for each of the fiscal years 1996

3 and 1997 none of the funds made

4 available for United Nations Develop5 ment Program (or United Nations

6 Development Program—Administered

7 Funds) shall be available for pro8 grams and activities in or for Burma.

9 (II) Of the amount made avail10 able for United Nations Development

11 Program (and United Nations Devel12 opment Program—Administered

13 Funds) for fiscal year 1996,

14 $18,200,000 of such amount shall be

15 disbursed only if the President cer16 tifies to the Congress that the United

17 Nations Development Program has

18 terminated its activities in and for

19 Burma.

20 (III) Of the amount made avail21 able for United Nations Development

22 Program (and United Nations Devel23 opment Program—Administered

24 Funds) for fiscal year 1997,

25 $25,480,000 shall be disbursed only if
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1 the President certifies to the Congress

2 that the United Nations Development

3 Program has terminated its activities

4 in and for Burma.

5 (iii) DISPLACED PERSONS.—Of the

6 amounts authorized to be appropriated

7 under paragraph (1), $20,000,000 for fis8 cal year 1996 and $20,000,000 for fiscal

9 year 1997 are authorized to be appro10 priated only for the United Nations Devel11 opment Program to be made available only

12 for programs and services conducted in co13 operation with the International Organiza14 tion for Migration for persons who are dis15 placed within their countries of nationality.

16 (iv) UNITED NATIONS DEVELOPMENT

17 PROGRAM/WORLD HEALTH ORGANIZATION

18 SPECIAL PROGRAM FOR RESEARCH AND

19 TRAINING IN TROPICAL DISEASES.—Of the

20 amounts authorized to be appropriated

21 under paragraph (1), $10,000,000 for fis22 cal year 1996 and $10,000,000 for fiscal

23 year 1997 is authorized to be appropriated

24 only for the United Nations Development

25 Program, to be available only for the Unit-
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1 ed Nations Development Program/World

2 Health Organization Special Program for

3 Research and Training and Tropical Dis4 eases.

5 (I) WORLD HEALTH ORGANIZATION.—Of

6 the amounts authorized to be appropriated

7 under paragraph (1), $20,000,000 for fiscal

8 year 1996 and $20,000,000 for fiscal year 1997

9 is authorized to be appropriated only for the

10 World Health Organization to be available only

11 for the United Nations Development Program/

12 World Health Organization Special Program for

13 Research and Training in Tropical Diseases.

14 (c) ASSESSED CONTRIBUTIONS FOR INTERNATIONAL

15 PEACEKEEPING ACTIVITIES.—

16 (1) AUTHORIZATION OF APPROPRIATIONS.—

17 There are authorized to be appropriated for ‘‘Con18 tributions for International Peacekeeping Activities’’,

19 $400,000,000 for the fiscal year 1996 and

20 $300,000,000 for the fiscal year 1997 for the De21 partment of State to carry out the authorities, func22 tions, duties, and responsibilities in the conduct of

23 the foreign affairs of the United States with respect

24 to international peacekeeping activities and to carry
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1 out other authorities in law consistent with such

2 purposes.

3 (2) LIMITATION.—None of the funds authorized

4 to be appropriated under paragraph (1) may be

5 made available for contributions to the United Na6 tions Protection Force unless the President deter7 mines and reports to the Congress during the cal8 endar year in which the funds are to be provided

9 that—

10 (A) the Government of Bosnia and

11 Herzegovina supports the continued presence of

12 the United Nations Protection Force within its

13 territory;

14 (B) the United Nations Protection Force is

15 effectively carrying out its mandate under Unit16 ed Nations Security Council resolutions 776

17 and 836, and is effectively encouraging compli18 ance with United Nations Security Council res19 olutions 752, 757, 770, 787, 820, and 824.

20 (C) the United Nations Protection Force is

21 providing full cooperation and support consist22 ent with its mandate to the efforts of the Unit23 ed Nations War Crimes Tribunal for the former

24 Yugoslavia to investigate war crimes and to ap25 prehend and prosecute suspected war criminals;
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1 (D) the United Nations Protection Force

2 is providing full cooperation and support con3 sistent with its mandate to United States diplo4 matic, military, and relief personnel in Bosnia;

5 and

6 (E) the United Nations Protection Force

7 has investigated and taken appropriate action

8 against any United Nations Protection Force

9 personnel or units suspected of participating in

10 illegal or improper activities, such as black

11 marketeering, embezzlement, expropriation of

12 property, and assaults on civilians.

13 (d) PEACEKEEPING OPERATIONS.—There are au14 thorized to be appropriated for ‘‘Peacekeeping Oper15 ations’’, $50,360,000 for the fiscal year 1996 and

16 $50,360,000 for the fiscal year 1997 for the Department

17 of State to carry out section 551 of Public Law 87–195.

18 (e) INTERNATIONAL CONFERENCES AND CONTIN19 GENCIES.—

20 (1) GENERAL PROVISION.—There are author21 ized to be appropriated for ‘‘International Con22 ferences and Contingencies’’, $3,000,000 for the fis23 cal year 1996 and $6,000,000 for the fiscal year

24 1997 for the Department of State to carry out the

25 authorities, functions, duties, and responsibilities in
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1 the conduct of the foreign affairs of the United

2 States with respect to international conferences and

3 contingencies and to carry out other authorities in

4 law consistent with such purposes.

5 (2) CONDITIONAL AUTHORITY.—

6 (A) Subject to subparagraph (B), in addi7 tion to such amounts as are authorized to be

8 appropriated under paragraph (1), there is au9 thorized to be appropriated for ‘‘International

10 Conferences and Contingencies’’, $3,000,000

11 for the fiscal year 1996 for the Department of

12 State to carry out the authorities, functions,

13 duties, and responsibilities in the conduct of the

14 foreign affairs of the United States with respect

15 to international conferences and contingencies

16 and to carry out other authorities in law con17 sistent with such purposes.

18 (B) The authorization of appropriations

19 under subparagraph (A) shall be take effect

20 only after the Secretary of State certifies to the

21 appropriate congressional committees that—

22 (i) no funds of the Department of

23 State were expended for travel by any

24 United States official or delegate to the

25 Fourth World Conference on Women, to be
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1 held in Beijing, August and September

2 1995, or

3 (ii)(I) that the process of accrediting

4 nongovernmental organizations for the con5 ference was conducted fairly, according to

6 clear criteria, with full opportunity for sub7 stantive appeal of denials of accreditation;

8 (II) that no nongovernmental organi9 zation seeking accreditation to such a con10 ference was denied such accreditation by

11 the conference organizers on the basis of

12 that organization’s actual or supposed po13 litical orientation, or its affiliation with a

14 particular ethnic or religious group;

15 (III) that accreditation was granted

16 to—

17 (A) at least one group represent18 ing the people of Taiwan, and

19 (B) at least one group represent20 ing the people of Tibet;

21 (IV) that all representatives of non22 governmental organizations whose names

23 were submitted to conference officials in a

24 timely fashion were granted visas by the

25 People’s Republic of China; and
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1 (V) that arrangements were made by

2 the People’s Republic of China to provide

3 the accredited nongovernmental organiza4 tions with access to the main conference

5 site that is substantially equivalent in man6 ner and degree to access afforded at pre7 vious major United Nations conferences.

8 (f) FOREIGN CURRENCY EXCHANGE RATES.—In ad9 dition to amounts otherwise authorized to be appropriated

10 by subsections (a) and (b) of this section, there are au11 thorized to be appropriated such sums as may be nec12 essary for each of the fiscal years 1996 and 1997 to offset

13 adverse fluctuations in foreign currency exchange rates.

14 Amounts appropriated under this subsection shall be avail15 able for obligation and expenditure only to the extent that

16 the Director of the Office of Management and Budget de17 termines and certifies to Congress that such amounts are

18 necessary due to such fluctuations.

19 SEC. 2103. INTERNATIONAL COMMISSIONS.

20 The following amounts are authorized to be appro21 priated under ‘‘International Commissions’’ for the De22 partment of State to carry out the authorities, functions,

23 duties, and responsibilities in the conduct of the foreign

24 affairs of the United States and for other purposes author25 ized by law:
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1 (1) INTERNATIONAL BOUNDARY AND WATER

2 COMMISSION, UNITED STATES AND MEXICO.—For

3 ‘‘International Boundary and Water Commission,

4 United States and Mexico’’—

5 (A) for ‘‘Salaries and Expenses’’

6 $13,858,000 for the fiscal year 1996 and

7 $12,472,000 for the fiscal year 1997; and

8 (B) for ‘‘Construction’’ $10,393,000 for

9 the fiscal year 1996 and $9,353,000 for the fis10 cal year 1997.

11 (2) INTERNATIONAL BOUNDARY COMMISSION,

12 UNITED STATES AND CANADA.—For ‘‘International

13 Boundary Commission, United States and Canada’’,

14 $740,000 for the fiscal year 1996 and $666,000 for

15 the fiscal year 1997.

16 (3) INTERNATIONAL JOINT COMMISSION.—For

17 ‘‘International Joint Commission’’, $3,500,000 for

18 the fiscal year 1996 and $3,195,000 for the fiscal

19 year 1997.

20 (4) BORDER ENVIRONMENT COOPERATION COM21 MISSION.—For ‘‘Border Environment Cooperation

22 Commission’’, $2,000,000 for the fiscal year 1996

23 and $1,800,000 for the fiscal year 1997.

24 (5) INTERNATIONAL FISHERIES COMMIS25 SIONS.—For ‘‘International Fisheries Commissions’’,
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1 $14,669,000 for the fiscal year 1996 and

2 $13,202,000 for the fiscal year 1997.

3 SEC. 2104. MIGRATION AND REFUGEE ASSISTANCE.

4 (a) AUTHORIZATION OF APPROPRIATIONS.—

5 (1) MIGRATION AND REFUGEE ASSISTANCE.—

6 (A) AUTHORIZATION OF APPROPRIA7 TIONS.—There are authorized to be appro8 priated for ‘‘Migration and Refugee Assistance’’

9 for authorized activities, $560,000,000 for the

10 fiscal year 1996 and $590,000,000 for the fis11 cal year 1997.

12 (B) LIMITATION.—None of the funds au13 thorized to be appropriated by subparagraph

14 (A) are authorized to be appropriated for sala15 ries and administrative expenses of the Bureau

16 of Migration and Refugee Assistance.

17 (2) REFUGEES RESETTLING IN ISRAEL.—There

18 are authorized to be appropriated $80,000,000 for

19 the fiscal year 1996 and $80,000,000 for the fiscal

20 year 1997 for assistance for refugees resettling in

21 Israel from other countries.

22 (3) HUMANITARIAN ASSISTANCE FOR DIS23 PLACED BURMESE.—There are authorized to be ap24 propriated $1,500,000 for the fiscal year 1996 and

25 $1,500,000 for the fiscal year 1997 for humani-
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1 tarian assistance, including but not limited to food,

2 medicine, clothing, and medical and vocational train3 ing to persons displaced as a result of civil conflict

4 in Burma, including persons still within Burma.

5 (4) RESETTLEMENT OF VIETNAMESE, LAO6 TIANS, AND CAMBODIANS.—There are authorized to

7 be appropriated $30,000,000 for fiscal year 1996 for

8 the admission and resettlement of persons who—

9 (A) are or were nationals and residents of

10 Vietnam, Laos, or Cambodia;

11 (B) are within a category of aliens referred

12 to in section 599D(b)(2)(C) of the Foreign Op13 erations Export Financing and Related Pro14 grams Appropriation Act, 1990 (Public Law

15 101–167); and

16 (C) are or were at any time after January

17 1, 1989, residents of refugee camps in Hong

18 Kong, Thailand, Indonesia, Malaysia, or the

19 Phillipines.

20 (b) GENERAL LIMITATIONS.—None of the funds au21 thorized to be appropriated by subsection (a) are author22 ized to be available for any program or activity that pro23 vides for, promotes, or assists in the repatriation of any

24 person to Vietnam, Laos, or Cambodia, unless the Presi25 dent has certified that—
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1 (1) all persons described in subsection (a)(4)

2 have been offered resettlement outside their coun3 tries of nationality;

4 (2) all nationals of Vietnam, Laos, or Cambodia

5 who were residents of refugee camps as of the date

6 of enactment of this Act who are not persons de7 scribed in subsection (a)(4) have, at any time after

8 such date, either had access to a process for the de9 termination of whether they are refugees, or been of10 fered resettlement outside their countries of nation11 ality; and

12 (3) the process referred to in paragraph (2) is

13 genuinely calculated to determine whether each ap14 plicant is a refugee, and that the procedures, stand15 ards, and personnel employed in such process ensure

16 that the risk of return to persecution is no greater

17 than in the process available under United States

18 law to persons physically present in the United

19 States.

20 (c) AVAILABILITY OF FUNDS.—Funds appropriated

21 pursuant to subsection (a) are authorized to be available

22 until expended.
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1 SEC. 2105. CERTAIN OTHER INTERNATIONAL AFFAIRS PRO2 GRAMS.

3 The following amounts are authorized to be appro4 priated for the Department of State to carry out the au5 thorities, functions, duties, and responsibilities in the con6 duct of the foreign affairs of the United States and for

7 other purposes authorized by law:

8 (1) ASIA FOUNDATION.—For ‘‘Asia Founda9 tion’’, $10,000,000 for the fiscal year 1996 and

10 $9,000,000 for the fiscal year 1997.

11 SEC. 2106. UNITED STATES INFORMATIONAL, EDU12 CATIONAL, AND CULTURAL PROGRAMS.

13 The following amounts are authorized to be appro14 priated to carry out international information activities

15 and educational and cultural exchange programs under

16 the United States Information and Educational Exchange

17 Act of 1948, the Mutual Educational and Cultural Ex18 change Act of 1961, Reorganization Plan Number 2 of

19 1977, the United States International Broadcasting Act

20 of 1994, the Radio Broadcasting to Cuba Act, the Tele21 vision Broadcasting to Cuba Act, the Board for Inter22 national Broadcasting Act, the Inspector General Act of

23 1978, the North/South Center Act of 1991, the National

24 Endowment for Democracy Act, and to carry out other

25 authorities in law consistent with such purposes:
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1 (1) SALARIES AND EXPENSES.—For ‘‘Salaries

2 and Expenses’’, $450,645,000 for the fiscal year

3 1996 and $428,080,000 for the fiscal year 1997.

4 (2) TECHNOLOGY FUND.—For ‘‘Technology

5 Fund’’ for the United States Information Agency,

6 $5,050,000 for the fiscal year 1996 and $5,050,000

7 for the fiscal year 1997.

8 (3) EDUCATIONAL AND CULTURAL EXCHANGE

9 PROGRAMS.—

10 (A) FULBRIGHT ACADEMIC EXCHANGE

11 PROGRAMS.—For the ‘‘Fulbright Academic Ex12 change Programs’’, $117,484,200 for the fiscal

13 year 1996 and $113,680,800 for the fiscal year

14 1997.

15 (B) SOUTH PACIFIC EXCHANGES.—For the

16 ‘‘South Pacific Exchanges’’, $900,000 for the

17 fiscal year 1996 and $900,000 for the fiscal

18 year 1997.

19 (C) EAST TIMORESE SCHOLARSHIPS.—For

20 the ‘‘East Timorese Scholarships’’, $800,000

21 for the fiscal year 1996 and $800,000 for the

22 fiscal year 1997.

23 (D) CAMBODIAN SCHOLARSHIPS.—For the

24 ‘‘Cambodian Scholarships’’, $141,000 for the
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1 fiscal year 1996 and $141,000 for the fiscal

2 year 1997.

3 (E) TIBETAN EXCHANGES.—For the

4 ‘‘Educational and Cultural Exchanges with

5 Tibet’’ under section 236 of the Foreign Rela6 tions Authorization Act, Fiscal Years 1995 and

7 1996, $500,000 for the fiscal year 1996 and

8 $500,000 for the fiscal year 1997.

9 (F) OTHER PROGRAMS.—For ‘‘Hubert H.

10 Humphrey Fellowship Program’’, ‘‘Edmund S.

11 Muskie Fellowship Program’’, ‘‘International

12 Visitors Program’’, ‘‘Mike Mansfield Fellowship

13 Program’’, ‘‘Claude and Mildred Pepper Schol14 arship Program of the Washington Workshops

15 Foundation’’, ‘‘Citizen Exchange Programs’’,

16 ‘‘Congress-Bundestag Exchange Program’’,

17 ‘‘Newly Independent States and Eastern Eu18 rope Training’’, ‘‘Institute for Representative

19 Government’’, and ‘‘Arts America’’,

20 $87,265,800 for the fiscal year 1996 and

21 $87,341,400 for the fiscal year 1997.

22 (4) INTERNATIONAL BROADCASTING ACTIVI23 TIES.—

24 (A) AUTHORIZATION OF APPROPRIA25 TIONS.—For ‘‘International Broadcasting Ac-
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1 tivities’’, $321,191,000 for the fiscal year 1996,

2 and $286,191,000 for the fiscal year 1997.

3 (B) LIMITATION.—Of the amounts author4 ized to be appropriated under subparagraph (A)

5 $3,000,000 for fiscal year 1996 and $3,000,000

6 for fiscal year 1997 are authorized to be appro7 priated only to carry out the Pilot Project for

8 Freedom Broadcasting to Asia authorized by

9 section 2443.

10 (5) RADIO CONSTRUCTION.—For ‘‘Radio Con11 struction’’, $75,164,000 for the fiscal year 1996,

12 and $67,647,000 for the fiscal year 1997.

13 (6) RADIO FREE ASIA.—For ‘‘Radio Free

14 Asia’’, $10,000,000 for the fiscal year 1996 and

15 $10,000,000 for the fiscal year 1997.

16 (7) BROADCASTING TO CUBA.—For ‘‘Broad17 casting to Cuba’’, $24,809,000 for the fiscal year

18 1996 and $24,809,000 for the fiscal year 1997.

19 (8) OFFICE OF THE INSPECTOR GENERAL.—

20 For ‘‘Office of the Inspector General’’, $4,300,000

21 for the fiscal year 1996 and $3,870,000 for the fis22 cal year 1997.

23 (9) CENTER FOR CULTURAL AND TECHNICAL

24 INTERCHANGE BETWEEN EAST AND WEST.—For

25 ‘‘Center for Cultural and Technical Interchange be-
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1 tween East and West’’, $15,000,000 for the fiscal

2 year 1996 and $10,000,000 for the fiscal year 1997.

3 (10) NATIONAL ENDOWMENT FOR DEMOC4 RACY—For ‘‘National Endowment for Democracy’’,

5 $34,000,000 for the fiscal year 1996 and

6 $34,000,000 for the fiscal year 1997.

7 (11) CENTER FOR CULTURAL AND TECHNICAL

8 INTERCHANGE BETWEEN NORTH AND SOUTH.—For

9 ‘‘Center for Cultural and Technical Interchange be10 tween North and South’’ $4,000,000 for the fiscal

11 year 1996 and $3,000,000 for the fiscal year 1997.

12 SEC. 2107. UNITED STATES ARMS CONTROL AND DISAR13 MAMENT.

14 There are authorized to be appropriated to carry out

15 the purposes of the Arms Control and Disarmament Act—

16 (1) $44,000,000 for the fiscal year 1996 and

17 $40,500,000 for the fiscal year 1997; and

18 (2) such sums as may be necessary for each of

19 the fiscal years 1996 and 1997 for increases in sal20 ary, pay, retirement, other employee benefits author21 ized by law, and to offset adverse fluctuations in for22 eign currency exchange rates.
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1 TITLE XXII—DEPARTMENT OF

2 STATE AUTHORITIES AND AC3 TIVITIES

4 CHAPTER 1—AUTHORITIES AND

5 ACTIVITIES

6 SEC. 2201. REVISION OF DEPARTMENT OF STATE REWARDS

7 PROGRAM.

8 (a) IN GENERAL.—Section 36 of the State Depart9 ment Basic Authorities Act of 1956 (22 U.S.C. 2708) is

10 amended to read as follows:

11 ‘‘SEC. 36. DEPARTMENT OF STATE REWARDS PROGRAM.

12 ‘‘(a) ESTABLISHMENT.—(1) There is established a

13 program for the payment of rewards to carry out the pur14 poses of this section.

15 ‘‘(2) The rewards program established by this section

16 shall be administered by the Secretary of State, in con17 sultation, where appropriate, with the Attorney General.

18 ‘‘(b) PURPOSE.—(1) The rewards program estab19 lished by this section shall be designed to assist in the

20 prevention of acts of international terrorism, international

21 narcotics trafficking, and other related criminal acts.

22 ‘‘(2) The Secretary of State may pay a reward to any

23 individual who furnishes information leading to—

24 ‘‘(A) the arrest or conviction in any country of

25 any individual for the commission of an act of inter-
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1 national terrorism against a United States person or

2 United States property;

3 ‘‘(B) the arrest or conviction in any country of

4 any individual conspiring or attempting to commit

5 an act of international terrorism against a United

6 States person or United States property;

7 ‘‘(C) the arrest or conviction in any country of

8 any individual for committing, primarily outside the

9 territorial jurisdiction of the United States, any nar10 cotics-related offense if that offense involves or is a

11 significant part of conduct that involves—

12 ‘‘(i) a violation of United States narcotics

13 laws and which is such that the individual

14 would be a major violator of such laws; or

15 ‘‘(ii) the killing or kidnapping of—

16 ‘‘(I) any officer, employee, or contract

17 employee of the United States Government

18 while such individual is engaged in official

19 duties, or on account of that individual’s

20 official duties, in connection with the en21 forcement of United States narcotics laws

22 or the implementing of United States nar23 cotics control objectives; or

24 ‘‘(II) a member of the immediate fam25 ily of any such individual on account of
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1 that individual’s official duties, in connec2 tion with the enforcement of United States

3 narcotics laws or the implementing of

4 United States narcotics control objectives;

5 or

6 ‘‘(iii) an attempt or conspiracy to commit

7 any of the acts described in clause (i) or (ii);

8 or

9 ‘‘(D) the arrest or conviction in any country of

10 any individual aiding or abetting in the commission

11 of an act described in subparagraphs (A) through

12 (C); or

13 ‘‘(E) the prevention or frustration of an act de14 scribed in subparagraphs (A) through (C).

15 ‘‘(c) COORDINATION.—(1) To ensure that the pay16 ment of rewards pursuant to this section does not dupli17 cate or interfere with the payment of informants or the

18 purchase of evidence or information, as authorized to the

19 Department of Justice, the offering, administration, and

20 payment of rewards under this section, including proce21 dures for—

22 ‘‘(A) identifying individuals, organizations, and

23 offenses with respect to which rewards will be of24 fered;

25 ‘‘(B) the publication of rewards;
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1 ‘‘(C) offering of joint rewards with foreign gov2 ernments;

3 ‘‘(D) the receipt and analysis of data; and

4 ‘‘(E) the payment and approval of payment,

5 shall be governed by procedures developed by the Sec6 retary of State, in consultation with the Attorney General.

7 ‘‘(2) Before making a reward under this section in

8 a matter over which there is Federal criminal jurisdiction,

9 the Secretary of State shall advise and consult with the

10 Attorney General.

11 ‘‘(d) FUNDING.—(1) There is authorized to be appro12 priated to the Department of State from time to time such

13 amounts as may be necessary to carry out the purposes

14 of this section, notwithstanding section 102 of the Foreign

15 Relations Authorization Act, Fiscal Years 1986 and 1987

16 (Public Law 99–93).

17 ‘‘(2) No amount of funds may be appropriated which,

18 when added to the amounts previously appropriated but

19 not yet obligated, would cause such amounts to exceed

20 $15,000,000.

21 ‘‘(3) To the maximum extent practicable, funds made

22 available to carry out this section should be distributed

23 equally for the purpose of preventing acts of international

24 terrorism and for the purpose of preventing international

25 narcotics trafficking.
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1 ‘‘(4) Amounts appropriated to carry out the purposes

2 of this section shall remain available until expended.

3 ‘‘(e) ADDITIONAL FUNDING.—(1) In extraordinary

4 circumstances and when it is important to the national

5 security of the United States, the Secretary of State may

6 use fees collected or processing machine readable non7 immigrant visas and machine readable combined border

8 crossing identification cards and nonimmigrant visas pro9 vided under (section 140 of the Foreign Relations Author10 ization Act, Fiscal Years 1994 and 1995, Public Law

11 103–236; 8 U.S.C. 1351 note) to carry out the purposes

12 of this section, subject to the limitation contained in sub13 section (d)(2).

14 ‘‘(2) The authority contained in paragraph (1) may

15 be used only if the Secretary notifies the appropriate con16 gressional committees 15 days in advance in accordance

17 with regular reprogramming procedures. Such notification

18 shall contain a detailed justification of the circumstances

19 necessitating the use of such fees for the purposes of this

20 section.

21 ‘‘(f) LIMITATION AND CERTIFICATION.—(1) A re22 ward under this section may not exceed $2,000,000.

23 ‘‘(2) A reward under this section of more than

24 $100,000 may not be made without the approval of the

25 President or the Secretary of State.
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1 ‘‘(3) Any reward granted under this section shall be

2 approved and certified for payment by the Secretary of

3 State.

4 ‘‘(4) The authority of paragraph (2) may not be dele5 gated to any other officer or employee of the United States

6 Government.

7 ‘‘(5) If the Secretary determines that the identity of

8 the recipient of a reward or of the members of the recipi9 ent’s immediate family must be protected, the Secretary

10 may take such measures in connection with the payment

11 of the reward as he considers necessary to effect such pro12 tection.

13 ‘‘(g) INELIGIBILITY.—An officer or employee of any

14 governmental entity who, while in the performance of his

15 or her official duties, furnishes information described in

16 subsection (b) shall not be eligible for a reward under this

17 section.

18 ‘‘(h) REPORTS.—(1) Not later than 30 days after

19 paying any reward under this section, the Secretary of

20 State shall submit a report to the appropriate congres21 sional committees with respect to such reward. The report,

22 which may be submitted on a classified basis if necessary,

23 shall specify the amount of the reward paid, to whom the

24 reward was paid, and the acts with respect to which the

25 reward was paid. The report shall also discuss the signifi-
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1 cance of the information for which the reward was paid

2 in dealing with those acts.

3 ‘‘(2) Not later than 60 days after the end of each

4 fiscal year, the Secretary of State shall submit an annual

5 report to the appropriate congressional committees with

6 respect to the operation of the rewards program author7 ized by this section. Such report shall provide information

8 on the total amounts expended during such fiscal year to

9 carry out the purposes of this section, including amounts

10 spent to publicize the availability of rewards. Such report

11 shall also include information on all requests for the pay12 ment of rewards under this section, including the reasons

13 for the denial of any such requests.

14 ‘‘(i) DEFINITIONS.—As used in this section—

15 ‘‘(1) the term ‘appropriate congressional com16 mittees’ means the Committee on International Re17 lations of the House of Representatives and the

18 Committee on Foreign Relations of the Senate;

19 ‘‘(2) the term ‘act of international terrorism’ in20 cludes, but is not limited to—

21 ‘‘(A) any act substantially contributing to

22 the acquisition of unsafeguarded special nuclear

23 material (as defined in section 830(8) of the

24 Nuclear Proliferation Prevention Act of 1994)

25 or any nuclear explosive device (as defined in
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1 section 830(4) of that Act) by an individual,

2 group, or non-nuclear weapon state (as defined

3 in section 830(5) of that Act); and

4 ‘‘(B) any act, as determined by the Sec5 retary of State, which materially supports the

6 conduct of international terrorism, including the

7 counterfeiting of United States currency or the

8 illegal use of other monetary instruments by an

9 individual, group, or country supporting inter10 national terrorism as determined for purposes

11 of section 6(j) of the Export Administration Act

12 of 1979;

13 ‘‘(3) the term ‘United States narcotics laws’

14 means the laws of the United States for the preven15 tion and control of illicit traffic in controlled sub16 stances (as such term is defined for purposes of the

17 Controlled Substances Act); and

18 ‘‘(4) the term ‘member of the immediate family’

19 includes—

20 ‘‘(A) a spouse, parent, brother, sister, or

21 child of the individual;

22 ‘‘(B) a person to whom the individual

23 stands in loco parentis; and
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1 ‘‘(C) any other person living in the individ2 ual’s household and related to the individual by

3 blood or marriage.’’.

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

5 Congress that the Secretary of State should pursue addi6 tional means of funding the program established by sec7 tion 36 of the State Department Basic Authorities Act

8 of 1956 (22 U.S.C. 2708), including the authority to seize

9 and dispose of assets used in the commission of any of10 fense under sections 1541 through 1544 and section 1546

11 of title 18, United States Code, and section 1028 of title

12 22, United States Code, and to retain the proceeds derived

13 from the disposition of such assets, or to participate in

14 asset sharing programs conducted by the Department of

15 Justice, to carry out the purposes of section 36 of that

16 Act.

17 SEC. 2202. AUTHORITIES OF SECRETARY OF STATE.

18 Section 203(4) of the State Department Basic Au19 thorities Act of 1956 (22 U.S.C. 4303(4)) is amended in

20 the third sentence by striking ‘‘should’’ both places it ap21 pears and inserting ‘‘shall’’.

22 SEC. 2203. BUYING POWER MAINTENANCE ACCOUNT.

23 Section 24(b)(7) of the State Department Basic Au24 thorities Act of 1956 (22 U.S.C. 2696(b)(7)) is amended

25 by striking subparagraph (D).
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1 SEC. 2204. EXPENSES RELATING TO CERTAIN INTER2 NATIONAL CLAIMS AND PROCEEDINGS.

3 (a) RECOVERY OF CERTAIN EXPENSES.—The De4 partment of State Appropriation Act, 1937 (49 Stat.

5 1321, 22 U.S.C. 2661, as amended by section 142(b) of

6 the Foreign Relations Authorization Act, Fiscal Years

7 1988 and 1989 (Public Law 100–204)) is amended in the

8 fifth undesignated paragraph under the heading entitled

9 ‘‘INTERNATIONAL FISHERIES COMMISSION’’ by striking

10 ‘‘extraordinary’’.

11 (b) PROCUREMENT OF SERVICES.—Section 38(c) of

12 the State Department Basic Authorities Act of 1956 (22

13 U.S.C. 2710(c)) is amended in the first sentence by insert14 ing ‘‘personal and’’ before ‘‘other support services’’.

15 SEC. 2205. CONSOLIDATION OF UNITED STATES DIPLO16 MATIC MISSIONS AND CONSULAR POSTS.

17 (a) CONSOLIDATION PLAN.—The Secretary of State

18 shall develop a worldwide plan for the consolidation, wher19 ever practicable, on a regional or areawide basis, of United

20 States missions and consular posts abroad.

21 (b) CONTENTS OF PLAN.—The plan shall—

22 (1) identify specific United States diplomatic

23 missions and consular posts for consolidation;

24 (2) identify those missions and posts at which

25 the resident ambassador would also be accredited to

26 other specified states in which the United States ei-
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1 ther maintained no resident official presence or

2 maintained such a presence only at staff level; and

3 (3) provide an estimate of—

4 (A) the amount by which expenditures

5 would be reduced through the reduction in the

6 number of United States Government personnel

7 assigned abroad;

8 (B) the reduction in the costs of maintain9 ing United States properties abroad; and

10 (C) the amount of revenues generated to

11 the United States through the sale or other dis12 position of United States properties associated

13 with the posts to be consolidated abroad.

14 (c) TRANSMITTAL.—Not later than 180 days after

15 the date of the enactment of this Act, the Secretary of

16 State shall transmit a copy of the plan to the appropriate

17 congressional committees.

18 CHAPTER 2—CONSULAR AUTHORITIES OF

19 THE DEPARTMENT OF STATE

20 SEC. 2231. SURCHARGE FOR PROCESSING CERTAIN MA21 CHINE READABLE VISAS.

22 Section 140(a) of the Foreign Relations Authoriza23 tion Act, Fiscal Years 1994 and 1995 (Public Law 103—

24 236) is amended—
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1 (1) by striking paragraphs (2) and (3) and in2 serting the following:

3 ‘‘(2) For fiscal years 1996 and 1997, not more

4 than $250,000,000 in fees collected under the au5 thority of paragraph (1) shall be deposited as an off6 setting collection to any Department of State appro7 priation to recover the costs of enhancements in the

8 efficiency and security of the process of visa issu9 ance. Such fees shall remain available for obligation

10 until expended.

11 ‘‘(3) For any fiscal year, fees collected under

12 the authority of paragraph (1) in excess of the

13 amount specified for such fiscal year under para14 graph (2) shall be deposited in the general fund of

15 the Treasury as miscellaneous receipts.’’; and

16 (2) by striking paragraph (5).

17 SEC. 2232. FINGERPRINT CHECK REQUIREMENT.

18 Section 140 of the Foreign Relations Authorization

19 Act, Fiscal Years 1994 and 1995 (Public Law 103-236)

20 is amended by adding at the end the following:

21 ‘‘(e) FINGERPRINT CHECK REQUIREMENT.—If a visa

22 applicant is determined to have a criminal history record

23 under subsection (d)(1), has been physically present in the

24 United States, and is more than 16 years of age, the appli25 cant shall provide a fingerprint record for submission with
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1 the application, at no cost to the Department of State.

2 The Department of State shall submit such fingerprint

3 record to the Federal Bureau of Investigation for analysis

4 to determine whether the applicant has been convicted of

5 a felony under State or Federal law in the United

6 States.’’.

7 SEC. 2233. USE OF CERTAIN PASSPORT PROCESSING FEES

8 FOR ENHANCED PASSPORT SERVICES.

9 For each of the fiscal years 1996 and 1997, of the

10 fees collected for expedited passport processing and depos11 ited to an offsetting collection pursuant to the Department

12 of State and Related Agencies Appropriations Act for Fis13 cal Year 1995 (Public Law 103–317; 22 U.S.C. 214), 10

14 percent shall be available only for enhancing passport

15 services for United States citizens, improving the integrity

16 and efficiency of the passport issuance process, improving

17 the secure nature of the United States passport, inves18 tigating passport fraud, and deterring entry into the Unit19 ed States by terrorists, drug traffickers, or other crimi20 nals.

21 SEC. 2234. CONSULAR OFFICERS.

22 (a) PERSONS AUTHORIZED TO ISSUE REPORTS OF

23 BIRTH ABROAD.—Section 33 of the State Department

24 Basic Authorities Act of 1956 (22 U.S.C. 2705) is amend25 ed in paragraph (2) by inserting ‘‘(or any United States
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1 citizen employee of the Department of State designated

2 by the Secretary of State to adjudicate nationality abroad

3 pursuant to such regulations as the Secretary may pre4 scribe)’’ after ‘‘consular officer’’.

5 (b) PROVISIONS APPLICABLE TO CONSULAR OFFI6 CERS.—Section 31 of the Act of August 18, 1856 (Rev.

7 Stat. 1689, 22 U.S.C. 4191), is amended by inserting

8 ‘‘and to such other United States citizen employees of the

9 Department of State as may be designated by the Sec10 retary of State pursuant to such regulations as the Sec11 retary may prescribe’’ after ‘‘such officers’’.

12 CHAPTER 3—REFUGEES AND MIGRATION

13 SEC. 2251. UNITED STATES EMERGENCY REFUGEE AND MI14 GRATION ASSISTANCE FUND.

15 (a) LIMITATION ON TRANSFERS FROM EMERGENCY

16 FUND.—Section 2(c) of the Migration and Refugee Assist17 ance Act of 1962 (22 U.S.C. 2601(c)) is amended by add18 ing after paragraph (3) the following:

19 ‘‘(4) Notwithstanding any other provision of this Act,

20 the President shall notify the appropriate congressional

21 committees not less than 15 days before transferring or

22 otherwise making available amounts from the United

23 States Emergency Refugee and Migration Assistance

24 Fund under paragraph (1).’’.
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1 (b) NOTIFICATION OF EXPENDITURES FROM

2 FUND.—Section 2(d) of the Migration and Refugee As3 sistance Act of 1962 (22 U.S.C. 2601(c)) is amended to

4 read as follows:

5 ‘‘(d)(1) Except as provided in paragraph (2), and

6 notwithstanding any other provision of this Act, the Presi7 dent shall notify the appropriate congressional committees

8 at least 15 days in advance of the obligation or expendi9 ture of sums from the United States Emergency Refugee

10 and Migration Assistance Fund under subsection (c).

11 ‘‘(2) Notwithstanding the notification requirement of

12 paragraph (1), the President may obligate and expend

13 sums from the United States Emergency Refugee and Mi14 gration Assistance Fund if the President determines, and

15 promptly certifies to the appropriate congressional com16 mittees, that unforseen emergency circumstances require

17 the immediate obligation of sums from such fund. Any

18 such certification shall fully inform such committees of the

19 amount and use of such sums from the Fund.

20 ‘‘(3) For purposes of this section, the term ‘appro21 priate congressional committees’ means the Committee on

22 International Relations and the Committee on Appropria23 tions of the House of Representatives and the Committee

24 on Foreign Relations and the Committee on Appropria25 tions of the Senate.’’.
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1 SEC. 2252. REPORT TO CONGRESS CONCERNING CUBAN

2 EMIGRATION POLICIES.

3 Beginning 3 months after the date of the enactment

4 of this Act and every subsequent 6 months, the President

5 shall transmit a report to the appropriate congressional

6 committees concerning the methods employed by the Gov7 ernment of Cuba to enforce the United States-Cuba Immi8 gration Agreement of September 1994 to restrict the emi9 gration of the Cuban people from Cuba to the United

10 States. Each report transmitted pursuant to this section

11 shall include a detailed account of United States efforts

12 to monitor such enforcement.

13 SEC. 2253. EXTENSION OF CERTAIN ADJUDICATION PROVI14 SIONS.

15 The Foreign Operations, Export Financing, and Re16 lated Programs Appropriations Act, 1990 (Public Law

17 101–167) is amended—

18 (1) in section 599D (8 U.S.C. 1157 note)—

19 (A) in subsection (b)(3), by striking ‘‘and

20 1996’’ and inserting ‘‘1996, and 1997’’; and

21 (B) in subsection (e), by striking out ‘‘Oc22 tober 1, 1996’’ each place it appears and insert23 ing ‘‘October 1, 1997’’; and

24 (2) in section 599E (8 U.S.C. 1255 note) in

25 subsection (b)(2), by striking out ‘‘September 30,

26 1996’’ and inserting ‘‘September 30, 1997’’.
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1 TITLE XXIII—ORGANIZATION OF

2 THE DEPARTMENT OF STATE;

3 DEPARTMENT OF STATE PER4 SONNEL; THE FOREIGN SERV5 ICE

6 CHAPTER 1—ORGANIZATION OF THE

7 DEPARTMENT OF STATE

8 SEC. 2301. COORDINATOR FOR COUNTERTERRORISM.

9 (a) ESTABLISHMENT.—Section 1(e) of the State De10 partment Basic Authorities Act of 1956 (22 U.S.C.

11 2651a(e)) is amended—

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

13 ‘‘(1) In’’; and

14 (2) by inserting at the end the following:

15 ‘‘(2) COORDINATOR FOR COUNTER16 TERRORISM.—

17 ‘‘(A) There shall be within the office of the

18 Secretary of State a Coordinator for

19 Counterterrorism (hereafter in this paragraph

20 referred to as the ‘Coordinator’) who shall be

21 appointed by the President, by and with the ad22 vice and consent of the Senate.

23 ‘‘(B)(i) The Coordinator shall perform

24 such duties and exercise such power as the Sec25 retary of State shall prescribe.
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1 ‘‘(ii) The principal duty of the Coordinator

2 shall be the overall supervision (including policy

3 oversight of resources) of international

4 counterterrorism activities. The Coordinator

5 shall be the principal advisor to the Secretary

6 of State on international counterterrorism mat7 ters. The Coordinator shall be the principal

8 counterterrorism official within the senior man9 agement of the Department of State and shall

10 report directly to the Secretary of State.

11 ‘‘(C) The Coordinator shall have the rank and

12 status of Ambassador-at-Large. The Coordinator

13 shall be compensated at the annual rate of basic pay

14 in effect for a position at level IV of the Executive

15 Schedule under section 5314 of title 5, United

16 States Code, or, if the Coordinator is appointed from

17 the Foreign Service, the annual rate of pay which

18 the individual last received under the Foreign Serv19 ice Schedule, whichever is greater.

20 ‘‘(D) For purposes of diplomatic protocol

21 among officers of the Department of State, the Co22 ordinator shall take precedence after the Secretary

23 of State, the Deputy Secretary of State, and the

24 Under Secretaries of State and shall take precedence
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1 among the Assistant Secretaries of State in the

2 order prescribed by the Secretary of State.’’.

3 (b) TECHNICAL AND CONFORMING AMENDMENTS.—

4 Section 161 of the Foreign Relations Authorization Act,

5 Fiscal Years 1994 and 1995 (Public Law 103–236) is

6 amended by striking subsection (e).

7 (c) TRANSITION PROVISION.—The President may ap8 point the individual serving as Coordinator for

9 Counterterrorism of the Department of State on the day

10 before the effective date of this division, or such other offi11 cial of the Department of State appointed by and with

12 the advice and consent of the Senate as the President con13 siders appropriate to serve as the acting Coordinator for

14 Counterterrorism until an individual is appointed to that

15 office in accordance with section 1(e) of the State Depart16 ment Basic Authorities Act of 1956 as amended by this

17 Act.

18 SEC. 2302. SPECIAL ENVOY FOR TIBET.

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

20 findings:

21 (1) The Government of the People’s Republic of

22 China withholds meaningful participation in the gov23 ernance of Tibet from Tibetans and has failed to

24 abide by its own constitutional guarantee of auton25 omy for Tibetans.
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1 (2) The Government of the People’s Republic of

2 China is responsible for the destruction of much of

3 Tibet’s cultural and religious heritage since 1959

4 and continues to threaten the survival of Tibetan

5 culture and religion.

6 (3) The Government of the People’s Republic of

7 China, through direct and indirect incentives, has es8 tablished discriminatory development programs

9 which have resulted in an overwhelming flow of Chi10 nese immigrants into Tibet, including those areas in11 corporated into the Chinese provinces of Sichuan,

12 Yunnan, Gansu, and Quinghai in recent years, and

13 have excluded Tibetans from participation in impor14 tant policy decisions, further threatening traditional

15 Tibetan life.

16 (4) The Government of the People’s Republic of

17 China denies Tibetans their fundamental human

18 rights, as reported in the Department of State’s

19 Country Reports on Human Rights Practices for

20 1995.

21 (5) The President and the Congress have deter22 mined that the promotion of human rights in Tibet

23 and the protection of Tibet’s religion and culture are

24 important elements in United States-China relations

25 and have urged senior members of the Government
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1 of the People’s Republic of China to enter into sub2 stantive negotiations on these matters with the Dalai

3 Lama or his representative.

4 (6) The Dalai Lama has repeatedly stated his

5 willingness to begin substantive negotiations without

6 preconditions.

7 (7) The Government of the People’s Republic of

8 China has failed to respond in a good faith manner

9 by reciprocating a willingness to begin negotiations

10 without preconditions, and no substantive negotia11 tions have begun.

12 (b) UNITED STATES SPECIAL ENVOY FOR TIBET.—

13 Section 1(e) of the State Department Basic Authorities

14 Act (U.S.C. 2651a(e)) is amended by adding after para15 graph (2) the following new paragraph:

16 ‘‘(3) UNITED STATES SPECIAL ENVOY FOR

17 TIBET.—

18 ‘‘(A) There shall be within the Department

19 of State a United States Special Envoy for

20 Tibet, who shall be appointed by the President,

21 by and with the advice and consent of the Sen22 ate. The United States Special Envoy for Tibet

23 shall hold office at the pleasure of the Presi24 dent.
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1 ‘‘(B) The United States Special Envoy for

2 Tibet shall have the personal rank of ambas3 sador.

4 ‘‘(C) The United States Special Envoy for

5 Tibet is authorized and encouraged—

6 ‘‘(i) to promote substantive negotia7 tions between the Dalai Lama or his rep8 resentatives and senior members of the

9 Government of the People’s Republic of

10 China;

11 ‘‘(ii) to promote good relations be12 tween the Dalai Lama and his representa13 tives and the United States Government,

14 including meeting with members or rep15 resentatives of the Tibetan government-in16 exile; and

17 ‘‘(iii) to travel regularly throughout

18 Tibet and Tibetan refugee settlements.

19 ‘‘(D) The United States Special Envoy for

20 Tibet shall—

21 ‘‘(i) consult with the Congress on poli22 cies relevant to Tibet and the future and

23 welfare of all Tibetan people;
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1 ‘‘(ii) coordinate United States Govern2 ment policies, programs, and projects con3 cerning Tibet; and

4 ‘‘(iii) report to the Secretary of State

5 regarding the matters described in section

6 536(a)(2) of the Foreign Relations Author7 ization Act, Fiscal Years 1994 and 1995

8 (Public Law 103–236).’’.

9 SEC. 2303. ESTABLISHMENT OF COORDINATOR FOR HUMAN

10 RIGHTS AND REFUGEES AND BUREAU OF

11 REFUGEE AND MIGRATION ASSISTANCE.

12 (a) ESTABLISHMENT OF COORDINATOR FOR HUMAN

13 RIGHTS AND REFUGEES.—Section 1(e) of the State De14 partment Basic Authorities Act (22 U.S.C. 2651a(e)) is

15 amended by adding after paragraph (3) the following new

16 paragraph:

17 ‘‘(4) COORDINATOR FOR HUMAN RIGHTS AND

18 REFUGEES.—

19 ‘‘(A) There shall be within the office of the

20 Secretary of State a Coordinator for Human

21 Rights and Refugees (hereafter in this para22 graph referred to as the ‘Coordinator’) who

23 shall be appointed by the President, by and

24 with the advice and consent of the Senate. The
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1 Coordinator shall report directly to the Sec2 retary of State.

3 ‘‘(B) The Coordinator shall be responsible

4 for matters pertaining to human rights, refu5 gees, and humanitarian affairs (including mat6 ters relating to prisoners of war and members

7 of the United States Armed Forces missing in

8 action) in the conduct of foreign policy. The Co9 ordinator shall head the Bureau of Refugee and

10 Migration Assistance and the Bureau of De11 mocracy, Human Rights, and Labor.

12 ‘‘(C) The Coordinator shall have the rank

13 and status of Ambassador-at-Large. The Coor14 dinator shall be compensated at the annual rate

15 of basic pay in effect for a position at level IV

16 of the Executive Schedule under section 5314

17 of title 5, United States Code, or, if the Coordi18 nator is appointed from the Foreign Service,

19 the annual rate of pay which the individual last

20 received under the Foreign Service Schedule,

21 whichever is greater.

22 ‘‘(D) For purposes of diplomatic protocol

23 among officers of the Department of State, the

24 Coordinator shall take precedence after the Sec25 retary of State, the Deputy Secretary of State,
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1 and the Under Secretaries of State and shall

2 take precedence among the Assistant Secretar3 ies of State in the order prescribed by the Sec4 retary of State.’’.

5 (b) TERMINATION OF ASSISTANT SECRETARY OF

6 STATE FOR DEMOCRACY, HUMAN RIGHTS, AND LABOR.—

7 (1) IN GENERAL.—Section 1(c) of the State

8 Department Basic Authorities Act of 1956 (22

9 U.S.C. 2651a(c)) is amended by striking paragraph

10 (2).

11 (2) CONFORMING AMENDMENTS.—The Foreign

12 Assistance Act of 1961 is amended—

13 (A) in section 116(c) (22 U.S.C. 2151n),

14 by striking ‘‘Assistant Secretary of State for

15 Democracy, Human Rights, and Labor’’ and in16 serting ‘‘Secretary’’;

17 (B) in sections 502B and 505(g)(4)(A) by

18 striking ‘‘, prepared with the assistance of the

19 Assistant Secretary of State for Democracy,

20 Human Rights, and Labor,’’; and

21 (C) in section 573(c) by striking ‘‘Assist22 ant Secretary of State for Democracy, Human

23 Rights, and Labor’’ and inserting ‘‘Secretary of

24 State’’.
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1 (c) ESTABLISHMENT OF BUREAU OF REFUGEE AND

2 MIGRATION ASSISTANCE.—Section 1 of the State Depart3 ment Basic Authorities Act of 1956 (22 U.S.C. 2651a)

4 is amended by adding after subsection (e) the following

5 new subsection:

6 ‘‘(f) ESTABLISHMENT OF CERTAIN BUREAUS, OF7 FICES, AND OTHER ORGANIZATIONAL ENTITIES WITHIN

8 THE DEPARTMENT OF STATE.—

9 ‘‘(1) BUREAU OF REFUGEE AND MIGRATION AS10 SISTANCE.—There is established within the Depart11 ment of State the Bureau of Refugee and Migration

12 Assistance which shall assist the Secretary of State

13 in carrying out the Migration and Refugee Assist14 ance Act of 1962. The Bureau shall be headed by

15 the Coordinator for Human Rights and Refugees.’’.

16 SEC. 2304. ELIMINATION OF STATUTORY ESTABLISHMENT

17 OF CERTAIN POSITIONS OF THE DEPART18 MENT OF STATE.

19 (a) ASSISTANT SECRETARY OF STATE FOR SOUTH

20 ASIAN AFFAIRS.—Section 122 of the Foreign Relations

21 Authorization Act, Fiscal Years 1992 and 1993 (22

22 U.S.C. 2652b) is repealed.

23 (b) DEPUTY ASSISTANT SECRETARY OF STATE FOR

24 BURDENSHARING.—Section 161 of the Foreign Relations
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1 Authorization Act, Fiscal Years 1994 and 1995 (22

2 U.S.C. 2651a note) is amended by striking subsection (f).

3 (c) ASSISTANT SECRETARY FOR OCEANS AND

4 INTERNTIONAL ENVIRONMENTAL AND SCIENTIFIC AF5 FAIRS.—Section 9 of the Department of State Appropria6 tions Authorization Act of 1973 (22 U.S.C. 2655a) is re7 pealed.

8 SEC. 2305. ESTABLISHMENT OF ASSISTANT SECRETARY OF

9 STATE FOR HUMAN RESOURCES.

10 Section 1(c) of the State Department Basic Authori11 ties Act of 1956 (22 U.S.C. 2651a(c)) is amended by add12 ing after paragraph (1) the following new paragraph:

13 ‘‘(2) ASSISTANT SECRETARY FOR HUMAN RE14 SOURCES.—There shall be in the Department of

15 State an Assistant Secretary for Human Resources

16 who shall be responsible to the Secretary of State

17 for matters relating to human resources including

18 the implementation of personnel policies and pro19 grams within the Department of State and inter20 national affairs functions and activities carried out

21 through the Department of State. The Assistant

22 Secretary shall have substantial professional quali23 fications in the field of human resource policy and

24 management.’’.
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1 SEC. 2306. AUTHORITY OF UNITED STATES PERMANENT

2 REPRESENTATIVE TO THE UNITED NATIONS.

3 Section 2(a) of the United Nations Participation Act

4 of 1945 (22 U.S.C. 287(a)) is amended by striking ‘‘hold

5 office at the pleasure of the President’’ and inserting

6 ‘‘serve at the pleasure of the President and subject to the

7 direction of the Secretary of State, acting through the As8 sistant Secretary of State with principal responsibility for

9 the conduct of international organization affairs’’.

10 CHAPTER 2—PERSONNEL OF THE DE11 PARTMENT OF STATE; THE FOREIGN

12 SERVICE

13 SEC. 2351. AUTHORIZED STRENGTH OF THE FOREIGN SERV14 ICE.

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

16 of members of the Foreign Service authorized to be em17 ployed as of September 30, 1996—

18 (1) for the Department of State, shall not ex19 ceed 9,000, of whom not more than 720 shall be

20 members of the Senior Foreign Service;

21 (2) for the United States Information Agency,

22 shall not exceed 1,150, of whom not more than 165

23 shall be members of the Senior Foreign Service; and

24 (3) for the Agency for International Develop25 ment, not to exceed 1,800, of whom not more than

26 240 shall be members of the Senior Foreign Service.
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1 (b) END FISCAL YEAR 1997 LEVELS.—The number

2 of members of the Foreign Service authorized to be em3 ployed as of September 30, 1997—

4 (1) for the Department of State, shall not ex5 ceed 8,800, of whom not more than 680 shall be

6 members of the Senior Foreign Service;

7 (2) for the United States Information Agency,

8 not to exceed 1,100 of whom not more than 160

9 shall be members of the Senior Foreign Service; and

10 (3) for the Agency for International Develop11 ment, not to exceed 1,775 of whom not more than

12 230 shall be members of the Senior Foreign Service.

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

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

15 the meaning of such term under section 103 of the For16 eign Service Act of 1980 (22 U.S.C 3903), except that

17 such term does not include—

18 (1) members of the Service under paragraphs

19 (6) and (7) of such section;

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

22 (3) members of the Service employed on less

23 than a full-time basis;

24 (4) members of the Service subject to involun25 tary separation in cases in which such separation
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1 has been suspended pursuant to section 1106(8) of

2 the Foreign Service Act of 1980; and

3 (5) members of the Service serving under non4 career limited appointments.

5 (d) WAIVER AUTHORITY.—(1) Subject to paragraph

6 (2), the Secretary of State, the Director of the United

7 States Information Agency, and the Director of the Agen8 cy for International Development may waive any limita9 tion under subsection (a) or (b) which applies to the De10 partment of State, the United States Information Agency,

11 or the Agency for International Development as the case

12 may be, to the extent that such waiver is necessary to

13 carry on the foreign affairs functions of the United States.

14 (2) Not less than 15 days before any agency head

15 implements a waiver under paragraph (1), such agency

16 head shall notify the Chairman of the Committee on For17 eign Relations of the Senate and the Chairman of the

18 Committee on International Relations of the House of

19 Representatives. Such notice shall include an explanation

20 of the circumstances and necessity for such waiver.

21 SEC. 2352. REPEAL OF AUTHORITY FOR SENIOR FOREIGN

22 SERVICE PERFORMANCE PAY.

23 (a) REPEAL.—Section 405 of the Foreign Service Act

24 of 1980 (22 U.S.C. 3965) is repealed.
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1 (b) CONFORMING AMENDMENT.—Section 2 of the

2 Foreign Service Act of 1980 is amended in the table of

3 contents by striking the item related to section 405.

4 TITLE XXIV—UNITED STATES

5 PUBLIC DIPLOMACY: AU6 THORITIES AND ACTIVITIES

7 FOR UNITED STATES INFOR8 MATIONAL, EDUCATIONAL,

9 AND CULTURAL PROGRAMS

10 CHAPTER 1—GENERAL PROVISIONS

11 SEC. 2401. ELIMINATION OF PERMANENT AUTHORIZATION.

12 Section 208 of the Foreign Relations Authorization

13 Act, Fiscal Years 1992 and 1993 is amended by striking

14 subsection (e).

15 SEC. 2402. EXTENSION OF AU PAIR PROGRAMS.

16 Section 8 of the Eisenhower Exchange Fellowship

17 Act of 1990 (Public Law 101–454) is amended in the last

18 sentence by striking ‘‘fiscal year 1995’’ and inserting ‘‘fis19 cal year 1997’’.

20 SEC. 2403. EDUCATIONAL AND CULTURAL EXCHANGES

21 WITH HONG KONG.

22 The Director of the United States Information Agen23 cy shall establish programs of educational and cultural ex24 change between the United States and the people of Hong

25 Kong.
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1 SEC. 2404. CONDUCT OF EDUCATIONAL AND CULTURAL EX2 CHANGE PROGRAMS.

3 In carrying out programs of educational and cultural

4 exchange in Hong Kong, China, Vietnam, Cambodia,

5 Tibet, Burma, and East Timor, the Director of the United

6 States Information Agency shall take appropriate steps to

7 provide opportunities for participation in such programs

8 to human rights and democracy leaders of such countries

9 and persons who are nationals but not residents of such

10 countries.

11 SEC. 2405. EDUCATIONAL AND CULTURAL EXCHANGES AND

12 SCHOLARSHIPS FOR TIBETANS AND BUR13 MESE.

14 (a) ESTABLISHMENT OF EDUCATIONAL AND CUL15 TURAL EXCHANGE FOR TIBETANS.—The Director of the

16 United States Information Agency shall establish pro17 grams of educational cultural exchange between the Unit18 ed States and the people of Tibet. Such programs shall

19 include opportunities for training and, as the Director con20 siders appropriate, may include the assignment of person21 nel and resources abroad.

22 (b) SCHOLARSHIPS FOR TIBETANS AND BURMESE.—

23 (1) For each of the fiscal years 1996 and 1997,

24 at least 30 scholarships shall be made available to

25 Tibetan students and professionals who are outside
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1 Tibet, and at least 15 scholarships shall be made

2 available to Burmese students and professionals who

3 are outside Burma.

4 (2) WAIVER.—Paragraph (1) shall not apply to

5 the extent that the Director of the United States In6 formation Agency determines that there are not

7 enough qualified students to fulfill such allocation

8 requirement.

9 (3) SCHOLARSHIP DEFINED.—For the purposes

10 of this section, the term ‘‘scholarship’’ means an

11 amount to be used for full or partial support of tui12 tion and fees to attend an educational institution,

13 and may include fees, books, and supplies, equip14 ment required for courses at an educational institu15 tion, living expenses at a United States educational

16 institution, and travel expenses to and from, and

17 within, the United States.

18 SEC. 2406. AVAILABILITY OF VOICE OF AMERICA AND

19 RADIO MARTI MULTILINGUAL COMPUTER

20 READABLE TEXT AND VOICE RECORDINGS.

21 (a) IN GENERAL.—Notwithstanding section 208 of

22 the Foreign Relations Authorization Act, Fiscal Years

23 1986 and 1987 (22 U.S.C. 1461–1a) and the second sen24 tence of section 501 of the United States Information and

25 Educational Exchange Act of 1948 (22 U.S.C. 1461), the
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1 Director of the United States Information Agency is au2 thorized to make available, upon request, to the Linguistic

3 Data Consortium of the University of Pennsylvania com4 puter readable multilingual text and recorded speech in

5 various languages. The Consortium shall, directly or indi6 rectly as appropriate, reimburse the Director for any ex7 penses involved in making such materials available.

8 (b) TERMINATION.—Subsection (a) shall cease to

9 have effect 5 years after the date of the enactment of this

10 Act.

11 SEC. 2407. RETENTION OF INTEREST.

12 Notwithstanding any other provision of law, with the

13 approval of the National Endowment for Democracy,

14 grant funds made available by the National Endowment

15 for Democracy may be deposited in interest-bearing ac16 counts pending disbursement and any interest which ac17 crues may be retained by the grantee and used for the

18 purposes for which the grant was made.

19 CHAPTER 2—INTERNATIONAL

20 BROADCASTING

21 SEC. 2431. EXPANSION OF BROADCASTING BOARD OF GOV22 ERNORS.

23 Section 304(b) of the United States International

24 Broadcasting Act of 1994 (22 U.S.C. 6203) is amended—
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1 (1) in paragraph (1) by striking ‘‘9’’ and insert2 ing ‘‘11’’;

3 (2) in paragraph (1)(A) by striking ‘‘8’’ and in4 serting ‘‘10’’; and

5 (3) in paragraph (3) by striking ‘‘4’’ and insert6 ing ‘‘5’’.

7 SEC. 2432. PLAN FOR RADIO FREE ASIA.

8 Not later than 90 days after the date of the enact9 ment of this Act, the Director of the United States Infor10 mation Agency shall submit to the Congress a detailed

11 plan for the establishment and operation of Radio Free

12 Asia.

13 SEC. 2433. PILOT PROJECT FOR FREEDOM BROADCASTING

14 TO ASIA.

15 (a) AUTHORITY.—The Director of the United States

16 Information Agency shall make grants for broadcasting to

17 the People’s Republic of China, Burma, Cambodia, Laos,

18 North Korea, Tibet, and Vietnam. Such broadcasting shall

19 provide accurate and timely information, news, and com20 mentary about events in the respective countries of Asia

21 and elsewhere, and shall be a forum for a variety of opin22 ions and voices from within Asian nations whose people

23 do not fully enjoy freedom of expression.

24 (b) PURPOSE.—The purpose of such grants shall be

25 to provide such broadcasting on an interim basis during
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1 the period before Radio Free Asia becomes fully oper2 ational.

3 (c) APPLICATIONS.—In considering applications for

4 grants, the Director of the United States Information

5 Agency shall give strong preference to entities which (1)

6 take advantage of the expertise of political and religious

7 dissidents and pro-democracy and human rights activists

8 from within the countries to whom broadcasting is di9 rected, including exiles from these countries; and (2) take

10 advantage of contracts or similar arrangements with exist11 ing broadcast facilities so as to provide immediate broad12 cast coverage with low overhead.

13 (d) PLAN.—Not later than 30 days after the date of

14 the enactment of this Act, the Director of the United

15 States Information Agency shall submit to the appropriate

16 congressional committees a plan for implementing this sec17 tion which shall include details concerning timetable for

18 implementation, grant criteria, and grant application pro19 cedures. The procedures and timetable should be designed

20 to ensure that grantees will begin broadcasting not later

21 than 120 days after the date of the enactment of this Act.
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1 TITLE XXV—INTERNATIONAL

2 ORGANIZATIONS AND COM3 MISSIONS

4 CHAPTER 1—GENERAL PROVISIONS

5 SEC. 2501. INTERNATIONAL BOUNDARY AND WATER COM6 MISSION.

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

8 277–277f), is amended in section 3 (22 U.S.C. 277b) by

9 adding the following new subsection at the end:

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

11 in order to facilitate further compliance with the terms

12 of the Convention for Equitable Distribution of the Waters

13 of the Rio Grande, May 21, 1906, United States-Mexico,

14 the Secretary of State, acting through the United States

15 Commissioner of the International Boundary and Water

16 Commission, may make improvements to the Rio Grande

17 Canalization Project, originally authorized by the Act of

18 August 29, 1935 (49 Stat. 961). Such improvements may

19 include all such works as may be needed to stabilize the

20 Rio Grande in the reach between the Percha Diversion

21 Dam in New Mexico and the American Diversion Dam in

22 El Paso.’’.
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1 CHAPTER 2—UNITED NATIONS AND AF2 FILIATED AGENCIES AND ORGANIZA3 TIONS

4 SEC. 2521. REFORM IN BUDGET DECISIONMAKING PROCE5 DURES OF THE UNITED NATIONS AND ITS

6 SPECIALIZED AGENCIES.

7 (a) ASSESSED CONTRIBUTIONS.—Of amounts au8 thorized to be appropriated for ‘‘Assessed Contributions

9 to International Organizations’’ by this Act, the President

10 may withhold 20 percent of the funds appropriated for the

11 United States assessed contribution to the United Nations

12 or to any of its specialized agencies for any calendar year

13 if the United Nations or any such agency has failed to

14 implement or to continue to implement consensus-based

15 decisionmaking procedures on budgetary matters which

16 assure that sufficient attention is paid to the views of the

17 United States and other member states that are the major

18 financial contributors to such assessed budgets.

19 (b) NOTICE TO CONGRESS.—The President shall no20 tify the Congress when a decision is made to withhold any

21 share of the United States assessed contribution to the

22 United Nations or its specialized agencies pursuant to

23 subsection (a) and shall notify the Congress when the deci24 sion is made to pay any previously withheld assessed con25 tribution. A notification under this subsection shall include
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1 appropriate consultation between the President (or the

2 President’s representative) and the Committee on Inter3 national Relations of the House of Representatives and

4 the Committee on Foreign Relations of the Senate.

5 (c) CONTRIBUTIONS FOR PRIOR YEARS.—Subject to

6 the availability of appropriations, payment of assessed

7 contributions for prior years may be made to the United

8 Nations or any of its specialized agencies notwithstanding

9 subsection (a) if such payment would further United

10 States interests in that organization.

11 (d) REPORT TO CONGRESS.—Not later than Feb12 ruary 1 of each year, the President shall submit to the

13 appropriate congressional committees a report concerning

14 the amount of United States assessed contributions paid

15 to the United Nations and each of its specialized agencies

16 during the preceding calendar year.

17 SEC. 2523. LIMITATION ON CONTRIBUTIONS TO THE

18 UNITED NATIONS OR UNITED NATIONS AF19 FILIATED ORGANIZATIONS.

20 The United States shall not make any voluntary or

21 assessed contribution—

22 (1) to any affiliated organization of the United

23 Nations which grants full membership as a state to

24 any organization or group that does not have the

25 internationally recognized attributes of statehood, or
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1 (2) to the United Nations, if the United Na2 tions grants full membership as a state in the Unit3 ed Nations to any organization or group that does

4 not have the internationally recognized attributes of

5 statehood,

6 during any period in which such membership is effective.

7 SEC. 2524. REPORT ON UNICEF.

8 Not later than December 31, 1995, the Secretary of

9 State shall transmit to the appropriate congressional com10 mittees a report on (1) the progress of UNICEF toward

11 effective financial, program, and personnel management;

12 (2) the progress of UNICEF in shifting its health, child

13 survival, and maternal survival programs toward efficient

14 and low-overhead contractors, with particular emphasis on

15 nongovernmental organizations; and (3) the extent to

16 which UNICEF has demonstrated its commitment to its

17 traditional mission of child health and welfare and resisted

18 pressure to become involved in functions performed by

19 other United Nations agencies.
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1 TITLE XXVI—FOREIGN POLICY

2 PROVISIONS

3 CHAPTER 1—MISCELLANEOUS FOREIGN

4 POLICY PROVISIONS

5 SEC. 2601. APPLICABILITY OF TAIWAN RELATIONS ACT.

6 Section 3 of the Taiwan Relations Act (22 U.S.C.

7 3302) is amended by adding at the end the following new

8 subsection:

9 ‘‘(d) The provisions of subsections (a) and (b) super10 sede any provision of the Joint Communique of the United

11 States and China of August 17, 1982.’’.

12 SEC. 2602. REPORT ON OCCUPIED TIBET.

13 (a) FINDINGS AND DECLARATIONS OF CONGRESS.—

14 The Congress makes the following findings and declara15 tions:

16 (1) Tibet is an occupied sovereign country

17 under international law and its true representatives

18 are the Dalai Lama and the Tibetan Government in

19 exile.

20 (2) The United States should seek to establish

21 a dialogue with those recognized by Congress as the

22 true representatives of the Tibetan people, the Dalai

23 Lama, his representatives, and the Tibetan Govern24 ment in exile, concerning the situation in Tibet and

25 the future of the Tibetan people and to expand and
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1 strengthen United States-Tibet cultural and edu2 cational relations, including promoting bilateral ex3 changes arranged directly with the Tibetan Govern4 ment in exile.

5 (b) REPORT ON UNITED STATES-TIBET RELA6 TIONS.— Not later than 6 months after the date of enact7 ment of this Act, and every 12 months thereafter, the Sec8 retary of State shall transmit to the Chairman of the Com9 mittee on Foreign Relations and the Speaker of the House

10 of Representatives a report on the state of relations be11 tween the United States and those recognized by Congress

12 as the true representatives of the Tibetan people, the

13 Dalai Lama, his representatives, and the Tibetan Govern14 ment in exile, and on conditions in Tibet.

15 (c) SEPARATE TIBET REPORTS.—

16 (1) It is the sense of the Congress that when17 ever an executive branch report is transmitted to the

18 Congress on a country-by-country basis there should

19 be included in such report, where applicable, a sepa20 rate report on Tibet listed alphabetically with its

21 own state heading.

22 (2) The reports referred to in paragraph (1) in23 clude, but are not limited to, reports transmitted

24 under sections 116(d) and 502B(b) of the Foreign

25 Assistance Act of 1961 (relating to human rights).
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1 SEC. 2603. BOSNIA GENOCIDE JUSTICE ACT.

2 (a) SHORT TITLE.—This section may be cited as the

3 ‘‘Bosnia Genocide Justice Act’’.

4 (b) POLICY.—

5 (1) IN GENERAL.—Consistent with inter6 national law, it is the policy of the United States to

7 bring to justice persons responsible for genocide, war

8 crimes, crimes against humanity and other serious

9 violations of international humanitarian law commit10 ted in the territory of the former Yugoslavia since

11 1991.

12 (2) SENSE OF CONGRESS.—The Congress urges

13 the President—

14 (A) to collect or assist appropriate organi15 zations and individuals to collect relevant data

16 on these crimes committed in the former Yugo17 slavia;

18 (B) to share such data with the War

19 Crimes Tribunal for the former Yugoslavia es20 tablished by the Security Council of the United

21 Nations;

22 (C) to assist United Nations efforts to in23 vestigate, prosecute, and try those responsible

24 for genocide, war crimes, crimes against hu25 manity and other serious violations of inter-
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1 national humanitarian law committed in the

2 territory of the former Yugoslavia since 1991;

3 (D) to submit to the Congress implement4 ing legislation to enable compliance with re5 quests and orders of the Tribunal; and

6 (E) to support the ongoing work of the

7 Tribunal through a cash contribution of not less

8 than $3,000,000 to the United Nations Vol9 untary Fund for the War Crimes Tribunal for

10 the former Yugoslavia for 1996 and 1997.

11 (c) REPORTING REQUIREMENT.—Beginning 6

12 months after the date of enactment of this Act, and every

13 6 months thereafter during fiscal years 1996 and 1997,

14 the President shall submit a report describing the steps

15 taken to implement the provisions of this section to the

16 appropriate congressional committees.
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1 CHAPTER 2—RELATING TO THE UNITED

2 STATES-NORTH KOREA AGREED

3 FRAMEWORK AND THE OBLIGATIONS

4 OF NORTH KOREA UNDER THAT AND

5 PREVIOUS AGREEMENTS WITH RE6 SPECT TO THE DENUCLEARIZATION

7 OF THE KOREAN PENINSULA AND DIA8 LOGUE WITH THE REPUBLIC OF

9 KOREA

10 SEC. 2641. FINDINGS.

11 The Congress makes the following findings:

12 (1) The United States-Democratic People’s Re13 public of Korea Agreed Framework (‘‘Agreed

14 Framework’’), entered into on October 21, 1994, be15 tween the United States and North Korea, requires

16 North Korea to stop and eventually dismantle its

17 graphite-moderated nuclear reactor program and re18 lated facilities, and comply fully with its obligations

19 under the Treaty on the Non-Proliferation of Nu20 clear Weapons, in exchange for alternative energy

21 sources, including interim supplies of bunker oil for

22 electric generators and more proliferation-resistant

23 light water reactor technology.

24 (2) The Agreed Framework also commits North

25 Korea to ‘‘consistently take steps to implement the
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1 North-South Joint Declaration on the

2 Denuclearization of the Korean Peninsula’’ and ‘‘en3 gage in North-South’’ dialogue with the Republic of

4 Korea.

5 (3) The Agreed Framework does not indicate

6 specific criteria for full normalization of relations be7 tween the United States and North Korea, and does

8 not link the sequencing of actions in the Agreed

9 Framework with any time-frame for carrying out the

10 provisions of the North-South Joint Declaration on

11 the Denuclearization of the Korean Peninsula and

12 carrying out the dialogue between North Korea and

13 the Republic of Korea.

14 (4) The commitment by North Korea to carry

15 out the letter and spirit of the Agreed Framework

16 has been put into doubt by actions of North Korea

17 since October 21, 1994, including the suspected di18 version of United States heavy fuel oil in apparent

19 contravention of the agreed purpose of the interim

20 fuel deliveries, the refusal to accept light water reac21 tors from the Republic of Korea, the harsh denun22 ciations of the Government of the Republic of Korea,

23 and other actions contrary to the commitment by

24 North Korea to engage in a dialogue with such Gov-
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1 ernment, and the continued conduct of provocative,

2 offensive oriented military exercises.

3 (5) The nuclear threat posed by North Korea is

4 just one of a number of security concerns of the

5 United States arising out of the policies of North

6 Korea.

7 SEC. 2642. CLARIFICATION OF NUCLEAR NONPROLIFERA8 TION OBLIGATIONS OF NORTH KOREA

9 UNDER THE AGREED FRAMEWORK.

10 It is the sense of the Congress that in discussions

11 or negotiations with the Government of North Korea pur12 suant to the implementation of the United States-Demo13 cratic People’s Republic of Korea Agreed Framework (in

14 this joint resolution referred to as the ‘‘Agreed Frame15 work’’), entered into on October 21, 1994, the President

16 should uphold the following minimum conditions relating

17 to nuclear nonproliferation:

18 (1) All spent fuel from the graphite-moderated

19 nuclear reactors and related facilities of North

20 Korea should be removed from the territory of North

21 Korea as is consistent with the Agreed Framework.

22 (2) The International Atomic Energy Agency

23 should have the freedom to conduct any and all in24 spections that it deems necessary to fully account for

25 the stocks of plutonium and other nuclear materials
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1 in North Korea, including special inspections of sus2 pected nuclear waste sites, before any nuclear com3 ponents controlled by the Nuclear Supplier Group

4 Guidelines are delivered for a light water reactor for

5 North Korea.

6 (3) The dismantlement of all declared graphite7 based nuclear reactors and related facilities in North

8 Korea, including reprocessing units, should be com9 pleted in accordance with the Agreed Framework

10 and in a manner that effectively bars in perpetuity

11 any reactivation of such reactors and facilities.

12 (4) The United States should suspend actions

13 described in the Agreed Framework if North Korea

14 attempts to reload its existing 5 megawatt nuclear

15 reactor or resumes construction of nuclear facilities

16 other than those permitted to be built under the

17 Agreed Framework.

18 SEC. 2643. ROLE OF THE REPUBLIC OF KOREA UNDER THE

19 AGREED FRAMEWORK.

20 It is further the sense of the Congress that the Re21 public of Korea should play the central role in the project

22 to provide light water reactors to North Korea under the

23 Agreed Framework.
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1 SEC. 2644. FURTHER STEPS TO PROMOTE UNITED STATES

2 SECURITY AND POLITICAL INTERESTS WITH

3 RESPECT TO NORTH KOREA.

4 It is further the sense of the Congress that, after the

5 date of the enactment of this Act, the President should

6 not take further steps toward upgrading diplomatic rela7 tions with North Korea beyond opening liaison offices or

8 relaxing trade and investment barriers imposed against

9 North Korea without—

10 (1) action by the Government of North Korea

11 to engage in a North-South dialogue with the Gov12 ernment of the Republic of Korea;

13 (2) implementation of the North-South Joint

14 Declaration on the Denuclearization of the Korean

15 Peninsula; and

16 (3) progress toward the achievement of several

17 long-standing United States policy objectives regard18 ing North Korea and the Korean Peninsula, includ19 ing—

20 (A) reducing the number of military forces

21 of North Korea along the Demilitarized Zone

22 and relocating such military forces away from

23 the Demilitarized Zone;

24 (B) prohibiting any movement by North

25 Korea toward the deployment of an intermedi26 ate range ballistic missile system; and
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1 (C) prohibiting the export by North Korea

2 of missiles and other weapons of mass destruc3 tion, including related technology and compo4 nents.

5 SEC. 2645. RESTRICTIONS ON ASSISTANCE TO NORTH

6 KOREA AND THE KOREAN PENINSULA EN7 ERGY DEVELOPMENT ORGANIZATION.

8 Funds authorized to be appropriated or appropriated

9 under any provision of law may be used to provide assist10 ance to North Korea or the Korean Peninsula Energy De11 velopment Organization only if such assistance is provided

12 under the same terms and conditions that govern the pro13 vision of assistance to North Korea or such organization

14 under the Foreign Assistance Act of 1961 (22 U.S.C.

15 2151 et seq.) including, inter alia—

16 (1) the requirement that the congressional com17 mittees specified in section 634A of such Act (22

18 U.S.C. 2394) be notified pursuant to that section in

19 the case of any reprogramming of funds; and

20 (2) the requirement that a special authority,

21 such as section 614 of such Act, be used to waive

22 the application of provisions of law subject to such

23 special authority that would otherwise restrict or

24 prohibit the provision of such assistance.
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1 CHAPTER 3—BURMA

2 SEC. 2651. UNITED STATES POLICY CONCERNING THE DIC3 TATORSHIP IN BURMA.

4 (a) SENSE OF THE CONGRESS.—It is the sense of the

5 Congress that the President should take steps to encour6 age the United Nations Security Council to—

7 (1) impose an international arms embargo on

8 Burma;

9 (2) affirm support for human rights and the

10 protection of all Karen, Karenni, and other minori11 ties in Burma;

12 (3) condemn Burmese officials responsible for

13 crimes against humanity;

14 (4) take steps to encourage multilateral assist15 ance programs for refugees from Burma in Thailand

16 and India; and

17 (5) reduce United Nations activities in Burma,

18 including UNDP (United Nations Development Pro19 gram), UNICEF (United Nations Childrens Fund),

20 UNFPA (United Nations Family Planning Agency),

21 World Health Organization (WHO), Food and Agri22 culture Organization (FAO), and UNIDCP (United

23 Nations International Drug Control Program) activi24 ties.
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1 (b) REDUCTION IN DIPLOMATIC PRESENCE.—It is

2 the sense of the Congress that the President should reduce

3 the diplomatic presence of the United States in Burma

4 by reducing the total number of the members of the For5 eign Service stationed in Burma on the date of enactment

6 of this Act.

7 TITLE XXVII—CONGRESSIONAL

8 STATEMENTS

9 SEC. 2701. INTER-AMERICAN ORGANIZATIONS.

10 Taking into consideration the long-term commitment

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

12 the need to build further upon the linkages between the

13 United States and its neighbors, the Secretary of State,

14 in allocating the level of resources for international organi15 zations, should pay particular attention to funding levels

16 of the Inter-American organizations.

17 SEC. 2702. TERRITORIAL INTEGRITY OF BOSNIA AND

18 HERZEGOVINA.

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

20 findings:

21 (1) The sovereign and independent state of

22 Bosnia-Herzegovina was formally recognized by the

23 United States of America on April 7, 1992.

24 (2) The sovereign and independent state of

25 Bosnia-Herzegovina was admitted as a full partici-
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1 pating State of the Conference on Security and Co2 operation in Europe on April 30, 1992.

3 (3) The sovereign and independent state of

4 Bosnia-Herzegovina was admitted as a Member

5 state of the United Nations on May 22, 1992.

6 (4) The United States has declared its deter7 mination to respect and put into practice the Dec8 laration on Principles Guiding Relations between

9 Participating States contained in the Final Act of

10 the Conference on Security and Cooperation in Eu11 rope.

12 (5) Each of the principles has been violated

13 during the course of war in Bosnia-Herzegovina:

14 sovereign equality and respect for the rights inherent

15 in sovereignty, refraining from the threat or use of

16 force; inviolability of frontiers; territorial integrity of

17 States; peaceful settlement of disputes; noninterven18 tion in internal affairs; respect for human rights and

19 fundamental freedoms, including the freedom of

20 thought, conscience, religion or belief; equal rights

21 and self-determination of peoples; cooperation among

22 States; and fulfillment in good faith of obligations

23 under international law.

24 (6) Principle II of the Final Act commits the

25 participating States to ‘‘refrain from any manifesta-
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1 tion of force for the purpose of inducing another

2 participating State to renounce the full exercise of

3 its sovereign rights’’.

4 (7) Principle III of the Final Act commits the

5 participating States to ‘‘refrain from any demand

6 for, or act of, seizure and usurpation of part or all

7 of the territory of any participating State’’.

8 (8) Principle IV of the Final Act commits the

9 participating States to ‘‘respect the territorial integ10 rity of each of the participating States’’ and ‘‘refrain

11 from any action inconsistent with the purposes and

12 principles of the Charter of the United Nations

13 against the territorial integrity, political independ14 ence or the unity of any participating State’’.

15 (9) The Charter of Paris for a New Europe

16 commits the participating States ‘‘to cooperate in

17 defending democratic institutions against activities

18 which violate the independence, sovereign equality,

19 or territorial integrity of the participating States’’.

20 (10) The Helsinki Document 1992 reaffirms

21 ‘‘the validity of the guiding principles and common

22 values of the Helsinki Final Act and the Charter of

23 Paris, embodying responsibilities of States towards

24 each other and of governments towards their own
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1 people’’ which serve as the ‘‘collective conscience of

2 our community’’.

3 (11) The Charter of the United Nations calls

4 upon Member states to respect the territorial integ5 rity and political independence of any state in keep6 ing with the Purposes of the United Nations.

7 (12) The sovereign and independent state of

8 Bosnia-Herzegovina has been and continues to be

9 subjected to armed aggression by Bosnian Serb

10 forces, Croatian Serb forces, and others in violation

11 of Final Act and the Charter.

12 (13) Unchecked armed aggression and genocide

13 threatens the lives of innocent civilians as well as the

14 very existence of the sovereign and independent state

15 of Bosnia-Herzegovina.

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

17 Congress that the United States should refuse to recognize

18 the incorporation of any of the territory of Bosnia19 Herzegovina into the territory of any neighboring state or

20 the creation of any new state or states within the borders

21 of Bosnia-Herzegovina resulting from the threat or use of

22 force, coercion, or any other means inconsistent with inter23 national law.
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1 SEC. 2703. THE LAOGAI SYSTEM OF POLITICAL PRISONS.

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

3 findings:

4 (1) The Chinese gulag, known as the Laogai,

5 was created as a primary means of political repres6 sion and control when the Communists assumed

7 power in China in 1949.

8 (2) The Laogai has caused millions of people to

9 suffer grave human rights abuses over the past 46

10 years, including countless deaths.

11 (3) The Laogai continues to be used to incar12 cerate unknown numbers of ordinary citizens for po13 litical reasons, including workers, students, intellec14 tuals, religious believers, and Tibetans.

15 (4) So-called ‘‘thought reform’’ is a standard

16 practice of Laogai officials, and reports of torture

17 are routinely received by human rights organizations

18 from Laogai prisoners and survivors.

19 (5) Negotiations about unfettered access to

20 Laogai prisoners between the Chinese Government

21 and the International Red Cross have ceased.

22 (6) The Laogai is in reality a huge system of

23 forced labor camps in which political and penal

24 criminals are slave laborers producing an array of

25 products for export throughout the world, including

26 the United States.
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1 (7) The Chinese Government continues to main2 tain, as part of its official propaganda and in defi3 ance of significant evidence to the contrary gathered

4 by many human rights organizations, that the

5 Laogai is a prison system like any other in the

6 world.

7 (8) Testimony delivered before the Subcommit8 tee on International Operations and Human Rights

9 of the Committee on International Relations of the

10 House of Representatives has documented human

11 rights abuses in the Laogai which continue to this

12 day.

13 (9) The American people have repeatedly ex14 pressed their abhorrence of forced labor camps sys15 tems, whether they be operated by the Nazis, Soviet

16 Communists, or any other political ideology.

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

18 Congress that the President should—

19 (1) publicly condemn the continued existence of

20 the Laogai, and call upon the Government of the

21 People’s Republic of China to dismantle it, and re22 lease all of its political prisoners; and

23 (2) instruct the appropriate diplomatic rep24 resentatives of the United States to cause a resolu25 tion condemning the Laogai to be put before the
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1 United Nations Human Rights Commission and

2 work for its passage.

3 SEC. 2704. CONCERNING THE USE OF FUNDS TO FURTHER

4 NORMALIZE RELATIONS WITH VIETNAM.

5 It is the sense of the Congress that none of the funds

6 authorized to be appropriated or otherwise made available

7 by this Act may be obligated or expended to further nor8 malize diplomatic relations between the United States and

9 Vietnam, until Vietnam—

10 (1) releases all of its political and religious pris11 oners;

12 (2) accounts for American POWs and MIAs

13 from the Vietnam War;

14 (3) holds democratic elections; and

15 (4) institutes policies which protect human

16 rights.

17 SEC. 2705. DECLARATION OF CONGRESS REGARDING UNIT18 ED STATES GOVERNMENT HUMAN RIGHTS

19 POLICY TOWARD CHINA.

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

21 findings:

22 (1) According to the 1994 State Department

23 Country Reports on Human Rights Practices there

24 continue to be ‘‘widespread and well-documented

25 human rights abuses in China, in violation of inter-
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1 nationally accepted norms . . . (including) arbitrary

2 and lengthy incommunicado detention, torture, and

3 mistreatment of prisoners. The regime continued se4 vere restrictions on freedoms of speech, press assem5 bly and association, and tightened controls on the

6 exercise of these rights during 1994. Serious human

7 rights abuses persisted in Tibet and other areas pop8 ulated by ethnic minorities’’.

9 (2) The President, in announcing his decision

10 on Most Favored Nation trading status for China in

11 May 1994 stated that, ‘‘China continues to commit

12 very serious human rights abuses. Even as we en13 gage the Chinese on military, political, and economic

14 issues, we intend to stay engaged with those in

15 China who suffer from human rights abuses. The

16 United States must remain a champion of their lib17 erties’’.

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

19 Congress that the President should take the following ac20 tions:

21 (1) Decline the invitation to visit China until

22 and unless there is dramatic overall progress on

23 human rights in China and Tibet and communicate

24 to the Government of China that such a visit cannot

25 take place without such progress. Indications of
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1 overall progress would include the release of hun2 dreds of political, religious, and labor activists; an

3 agreement to allow unhindered confidential access to

4 prisoners by international humanitarian agencies;

5 enactment of major legal reforms such as an end to

6 all restrictions on the exercise of freedom of religion,

7 revocation of the 1993 state security law, and the

8 abolition of all so-called ‘‘counter-revolutionary’’

9 crimes; and a decision to allow unrestricted access to

10 Tibet by foreign media and international human

11 rights monitors.

12 (2) Seek to develop an agreement on a multilat13 eral strategy to promote human rights in China with

14 other members of the G–7, beginning with the meet15 ing of the G–7 industrial partners scheduled for

16 June 1995 in Halifax, Nova Scotia. Such an agree17 ment should include efforts to encourage greater co18 operation by the Government of China with the

19 human rights rapporteurs and working groups of the

20 United Nations Human Rights Commission, as well

21 as bilateral and multilateral initiatives to secure the

22 unconditional release of imprisoned peaceful pro-de23 mocracy advocates such as Wei Jingsheng.

24 (3) Instruct the United States delegates to the

25 United Nations Fourth World Conference on Women
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1 in September 1995 to vigorously and publicly sup2 port nongovernmental organizations that may be

3 subjected to harassment or to restrictions or limita4 tions on their activities, access to the media, or to

5 channels of communication during the conference by

6 the Government of China and to protest publicly and

7 privately any actions by the Government of China

8 aimed at punishing or repressing Chinese citizens

9 who seek to peacefully express their views or com10 municate with foreign citizens or media during or

11 following the United Nations Conference.

12 (4) Extend an invitation to the Dalai Lama to

13 visit Washington, District of Columbia, in 1995.

14 (c) UNITED STATES GOVERNMENT HUMAN RIGHTS

15 POLICY TOWARD CHINA.—It shall be the policy of the

16 United States Government to continue to promote inter17 nationally recognized human rights and worker rights in

18 China and Tibet. The President shall submit the following

19 reports on the formulation and implementation of United

20 States human rights policy toward China and the results

21 of that policy to the International Relations Committee of

22 the House of Representatives:

23 (1) Not later than 90 days after the date of en24 actment of this Act, the President shall report on

25 the status of the ‘‘new United States Human Rights
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1 Policy for China’’ announced by the President on

2 May 26, 1994, including an assessment of the imple3 mentation and effectiveness of the policy in bringing

4 about human rights improvements in China and

5 Tibet, with reference to the following specific initia6 tives announced on that date:

7 (A) High-level dialogue on human rights.

8 (B) Voluntary principles in the area of

9 human rights for United States businesses op10 erating in China.

11 (C) Increased contact with and support for

12 groups and individuals in China promoting law

13 reform and human rights.

14 (D) Increased exchanges to support human

15 rights law reform in China.

16 (E) The practice of all United States offi17 cials who visit China to meet with the broadest

18 possible spectrum of Chinese citizens.

19 (F) Increased efforts to press United

20 States views on human rights in China at the

21 United Nations, the United Nations Human

22 Rights Commission, and other international or23 ganizations.

24 (G) A plan of international actions to ad25 dress Tibet’s human rights problems and to
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1 promote substantive discussions between the

2 Dalai Lama and the Chinese Government.

3 (H) Efforts to use the 1995 United Na4 tions Women’s Conference in Beijing to expand

5 freedoms of speech, association, and assembly,

6 as well as the rights of women, in China.

7 (I) An information strategy for promoting

8 human rights by expanding Chinese and Ti9 betan language broadcasts on the Voice of

10 America and establishing Radio Free Asia.

11 (J) Encouraging the Chinese Government

12 to permit international human rights groups to

13 operate in and visit China.

14 (2) Not later than 120 days after the date of

15 enactment of this Act, the President shall report on

16 the status of Chinese Government compliance with

17 United States laws prohibiting the importation into

18 the United States of forced labor products, including

19 (but not limited to) a complete assessment and re20 port on the implementation of the Memorandum of

21 Understanding signed by the United States and

22 China in 1992. The report shall include (but not be

23 limited to) the following:

24 (A) All efforts made by the United States

25 Customs Service from 1992 until the date of
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1 the report to investigate forced labor exports

2 and to conduct unannounced unrestricted in3 spections of suspected forced labor sites in

4 China, and the extent to which Chinese authori5 ties cooperated with such investigations.

6 (B) Recommendations of what further

7 steps might be taken to enhance United States

8 effectiveness in prohibiting forced labor exports

9 to the United States from China.

10 SEC. 2706. CONCERNING THE UNITED NATIONS VOL11 UNTARY FUND FOR VICTIMS OF TORTURE.

12 It is the sense of the Congress that the President,

13 acting through the United States Permanent Representa14 tive to the United Nations, should—

15 (1) request the United Nations Voluntary Fund

16 for Victims of Torture—

17 (A) to find new ways to support and pro18 tect treatment centers that are carrying out re19 habilitative services for victims of torture; and

20 (B) to encourage the development of new

21 such centers;

22 (2) use the voice and vote of the United States

23 to support the work of the Special Rapporteur on

24 Torture and the Committee Against Torture estab25 lished under the Convention Against Torture and
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1 Other Cruel, Inhuman or Degrading Treatment or

2 Punishment; and

3 (3) use the voice and vote of the United States

4 to establish a country rapporteur or similar proce5 dural mechanism to investigate human rights viola6 tions in a country if either the Special Rapporteur

7 or the Committee Against Torture indicates that a

8 systematic practice of torture is prevalent in that

9 country.

10 DIVISION C—FOREIGN

11 ASSISTANCE AUTHORIZATIONS

12 SEC. 3001. SHORT TITLE.

13 This division may be cited as the ‘‘Foreign Aid Re14 duction Act of 1995’’.

15 SEC. 3002. DECLARATION OF POLICY.

16 The Congress declares the following:

17 (1) United States leadership overseas must be

18 maintained to support our vital national security,

19 economic, and humanitarian interests.

20 (2) As part of this leadership, United States

21 foreign assistance programs are essential to support

22 these national interests.

23 (3) However, United States foreign assistance

24 programs can be responsibly reduced while maintain25 ing United States leadership overseas.
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1 TITLE XXXI—DEFENSE AND

2 SECURITY ASSISTANCE

3 CHAPTER 1—MILITARY AND RELATED

4 ASSISTANCE

5 Subchapter A—Foreign Military Financing

6 Program

7 SEC. 3101. AUTHORIZATION OF APPROPRIATIONS.

8 There are authorized to be appropriated for grant as9 sistance under section 23 of the Arms Export Control Act

10 (22 U.S.C. 2763) and for the subsidy cost, as defined in

11 section 502(5) of the Federal Credit Reform Act of 1990,

12 of direct loans under such section—

13 (1) $3,341,440,000 for fiscal year 1996; and

14 (2) $3,270,020,000 for fiscal year 1997.

15 SEC. 3102. ASSISTANCE FOR ISRAEL.

16 (a) MINIMUM ALLOCATION.—Of the amounts made

17 available for fiscal years 1996 and 1997 for assistance

18 under the ‘‘Foreign Military Financing Program’’ account

19 under section 23 of the Arms Export Control Act (22

20 U.S.C. 2763), not less than $1,800,000,000 for each such

21 fiscal year shall be available only for Israel.

22 (b) TERMS OF ASSISTANCE.—

23 (1) GRANT BASIS.—The assistance provided for

24 Israel for each fiscal year under subsection (a) shall

25 be provided on a grant basis.
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1 (2) EXPEDITED DISBURSEMENT.—Such assist2 ance shall be disbursed—

3 (A) with respect to fiscal year 1996, not

4 later than 30 days after the date of the enact5 ment of the Foreign Operations, Export Fi6 nancing, and Related Programs Appropriations

7 Act, 1996, or by October 31, 1995, whichever

8 is later; and

9 (B) with respect to fiscal year 1997, not

10 later than 30 days after the date of the enact11 ment of the Foreign Operations, Export Fi12 nancing, and Related Programs Appropriations

13 Act, 1997, or by October 31, 1996, whichever

14 is later.

15 (3) ADVANCED WEAPONS SYSTEMS.—To the ex16 tent that the Government of Israel requests that

17 funds be used for such purposes, funds described in

18 subsection (a) shall, as agreed by the Government of

19 Israel and the Government of the United States, be

20 available for advanced weapons systems, of which

21 not less than $475,000,000 for each fiscal year shall

22 be available only for procurement in Israel of de23 fense articles and defense services, including re24 search and development.
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1 (c) FOREIGN MILITARY SALES.—Section 21(h) of the

2 Arms Export Control Act (22 U.S.C. 2761(h)) is amend3 ed—

4 (1) in paragraph (1)(A), by inserting ‘‘or the

5 Government of Israel’’ after ‘‘North Atlantic Treaty

6 Organization’’; and

7 (2) in paragraph (2), by striking ‘‘or to any

8 member government of that Organization if that Or9 ganization or member government’’ and inserting ‘‘,

10 any member government of that Organization, or the

11 Government of Israel, if the Organization, member

12 government, or Government of Israel, as the case

13 may be,’’.

14 SEC. 3103. ASSISTANCE FOR EGYPT.

15 (a) MINIMUM ALLOCATION.—Of the amounts made

16 available for fiscal years 1996 and 1997 for assistance

17 under the ‘‘Foreign Military Financing Program’’ account

18 under section 23 of the Arms Export Control Act (22

19 U.S.C. 2763), not less than $1,300,000,000 for each such

20 fiscal year shall be available only for Egypt.

21 (b) TERMS OF ASSISTANCE.—The assistance pro22 vided for Egypt for each fiscal year under subsection (a)

23 shall be provided on a grant basis.
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1 SEC. 3104. LOANS FOR GREECE AND TURKEY.

2 Of the amounts made available for fiscal year 1996

3 under the ‘‘Foreign Military Financing Program’’ account

4 under section 23 of the Arms Export Control Act (22

5 U.S.C. 2763)—

6 (1) not more than $26,620,000 shall be made

7 available for the subsidy cost, as defined in section

8 502(5) of the Federal Credit Reform Act of 1990,

9 of direct loans for Greece; and

10 (2) not more than $37,800,000 shall be made

11 available for such subsidy cost of direct loans for

12 Turkey.

13 SEC. 3105. LOANS FOR THE CZECH REPUBLIC, HUNGARY,

14 AND POLAND.

15 Of the amounts made available for fiscal years 1996

16 and 1997 under the ‘‘Foreign Military Financing Pro17 gram’’ account under section 23 of the Arms Export Con18 trol Act (22 U.S.C. 2763), not more than $25,000,000

19 for each such fiscal year shall be made available for the

20 subsidy cost, as defined in section 502(5) of the Federal

21 Credit Reform Act of 1990, of direct loans for the Czech

22 Republic, Hungary, and Poland.

23 SEC. 3106. TERMS OF LOANS.

24 Section 31(c) of the Arms Export Control Act (22

25 U.S.C. 2771(c)) is amended to read as follows:
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1 ‘‘(c) Loans available under section 23 shall be pro2 vided at rates of interest that are not less than the current

3 average market yield on outstanding marketable obliga4 tions of the United States of comparable maturities.’’.

5 Subchapter B—Other Assistance

6 SEC. 3121. DEFENSE DRAWDOWN SPECIAL AUTHORITIES.

7 (a) MILITARY ASSISTANCE DRAWDOWN.—Section

8 506(a)(1) of the Foreign Assistance Act of 1961 (22

9 U.S.C. 2318(a)(1)) is amended by striking ‘‘$75,000,000’’

10 and inserting ‘‘$100,000,000’’.

11 (b) NONMILITARY ASSISTANCE DRAWDOWN.—Sec12 tion 506 of such Act (22 U.S.C. 2318) is amended—

13 (1) in subsection (a)(2)(A), by striking ‘‘di14 rect—’’ and all that follows through the period and

15 inserting the following: ‘‘direct the drawdown of

16 such articles, services, and education and training

17 for the purposes and under the authorities of—

18 ‘‘(i) chapter 8 of part I (relating to inter19 national narcotics control assistance),

20 ‘‘(ii) chapter 9 of part I (relating to inter21 national disaster assistance), or

22 ‘‘(iii) the Migration and Refugee Assistance Act

23 of 1962.’’;

24 (2) in subsection (a)(2)(B)—
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1 (A) by striking ‘‘$75,000,000’’ and insert2 ing ‘‘$150,000,000’’; and

3 (B) by striking ‘‘of this paragraph’’ and

4 inserting the following: ‘‘of this paragraph—

5 ‘‘(i) not more than $75,000,000 of which

6 may be provided from the drawdown from the

7 inventory and resources of the Department of

8 Defense; and

9 ‘‘(ii) not more than $75,000,000 of which

10 may be provided pursuant to clause (i) of such

11 subparagraph’’; and

12 (3) in subsection (b)(1), by adding at the end

13 the following: ‘‘In the case of drawdowns authorized

14 by clauses (i) and (iii) of subsection (a)(2)(A), noti15 fications shall be provided to those committees at

16 least 15 days in advance in accordance with the pro17 cedures applicable to reprogramming notifications

18 under section 634A.’’.

19 (c) NOTICE TO CONGRESS OF EXERCISE OF SPECIAL

20 AUTHORITIES.—Section 652 of such Act (22 U.S.C.

21 2411) is amended by striking ‘‘prior to the date’’ and in22 serting ‘‘before’’.

23 SEC. 3122. STOCKPILES OF DEFENSE ARTICLES.

24 (a) LIMITATION ON VALUE OF ADDITIONS.—Section

25 514(b)(1) of the Foreign Assistance Act of 1961 (22
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1 U.S.C. 2321h(b)(1)) is amended by inserting ‘‘or in the

2 implementation of agreements with Israel’’ after ‘‘North

3 Atlantic Treaty Organization’’.

4 (b) ADDITIONS IN FISCAL YEARS 1996 AND 1997.—

5 Section 514(b)(2) of such Act (22 U.S.C. 2321h(b)(2))

6 is amended to read as follows:

7 ‘‘(2)(A) The value of such additions to stockpiles of

8 defense articles in foreign countries shall not exceed

9 $50,000,000 for each of the fiscal years 1996 and 1997.

10 ‘‘(B) Of the amount specified in subparagraph (A)

11 for each of the fiscal years 1996 and 1997, not more than

12 $40,000,000 may be made available for stockpiles in the

13 Republic of Korea and not more than $10,000,000 may

14 be made available for stockpiles in Thailand.’’.

15 (c) LOCATION OF STOCKPILES OF DEFENSE ARTI16 CLES.—Section 514(c) of such Act (22 U.S.C. 2321h(c))

17 is amended to read as follows:

18 ‘‘(c) LOCATION OF STOCKPILES OF DEFENSE ARTI19 CLES.—

20 ‘‘(1) LIMITATION.—Except as provided in para21 graph (2), no stockpile of defense articles may be lo22 cated outside the boundaries of a United States mili23 tary base or a military base used primarily by the

24 United States.
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1 ‘‘(2) EXCEPTIONS.—Paragraph (1) shall not

2 apply with respect to stockpiles of defense articles

3 located in the Republic of Korea, Thailand, any

4 country that is a member of the North Atlantic

5 Treaty Organization, any country that is a major

6 non-NATO ally, or any other country the President

7 may designate. At least 15 days before designating

8 a country pursuant to the last clause of the preced9 ing sentence, the President shall notify the congres10 sional committees specified in section 634A(a) in ac11 cordance with the procedures applicable to

12 reprogramming notifications under that section.’’.

13 SEC. 3123. TRANSFER OF EXCESS DEFENSE ARTICLES.

14 (a) IN GENERAL.—Section 516 of the Foreign Assist15 ance Act of 1961 (22 U.S.C. 2321j) is amended to read

16 as follows:

17 ‘‘SEC. 516. AUTHORITY TO TRANSFER EXCESS DEFENSE AR18 TICLES.

19 ‘‘(a) AUTHORIZATION.—The President is authorized

20 to transfer excess defense articles under this section to

21 countries for which receipt of such articles was justified

22 pursuant to the annual congressional presentation docu23 ments for military assistance programs submitted under

24 section 634 of this Act, or for which receipt of such arti-
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1 cles was separately justified, for the fiscal year in which

2 the transfer is authorized.

3 ‘‘(b) LIMITATIONS ON TRANSFERS.—The President

4 may transfer excess defense articles under this section

5 only if—

6 ‘‘(1) such articles are drawn from existing

7 stocks of the Department of Defense;

8 ‘‘(2) funds available to the Department of De9 fense for the procurement of defense equipment are

10 not expended in connection with the transfer;

11 ‘‘(3) the transfer of such articles will not have

12 an adverse impact on the military readiness of the

13 United States;

14 ‘‘(4) with respect to a proposed transfer of such

15 articles on a grant basis, such a transfer is pref16 erable to a transfer on a sales basis, after taking

17 into account the potential proceeds from, and likeli18 hood of, such sales, and the comparative foreign pol19 icy benefits that may accrue to the United States as

20 the result of a transfer on either a grant or sales

21 basis;

22 ‘‘(5) the President first considers the effects of

23 the transfer of such articles on the national tech24 nology and industrial base, particularly the extent, if

25 any, to which the transfer reduces the opportunities
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1 of entities in the national technology and industrial

2 base to sell new equipment to the countries to which

3 such articles are transferred; and

4 ‘‘(6) the transfer of such articles is consistent

5 with the policy framework for the Eastern Medi6 terranean established under section 620C of this

7 Act.

8 ‘‘(c) TERMS OF TRANSFERS.—Excess defense articles

9 may be transferred under this section without cost to the

10 recipient country.

11 ‘‘(d) WAIVER OF REQUIREMENT FOR REIMBURSE12 MENT OF DEPARTMENT OF DEFENSE EXPENSES.—Sec13 tion 632(d) shall not apply with respect to transfers of

14 excess defense articles under this section.

15 ‘‘(e) TRANSPORTATION AND RELATED COSTS.—

16 ‘‘(1) IN GENERAL.—Except as provided in para17 graph (2), funds available to the Department of De18 fense may not be expended for crating, packing,

19 handling, and transportation of excess defense arti20 cles transferred under the authority of this section.

21 ‘‘(2) EXCEPTION.—The President may provide

22 for the transportation of excess defense articles with23 out charge to a country for the costs of such trans24 portation if—
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1 ‘‘(A) it is determined that it is in the na2 tional interest of the United States to do so;

3 ‘‘(B) the recipient is a developing country

4 receiving less than $10,000,000 of assistance

5 under chapter 5 of part II of this Act (relating

6 to international military education and train7 ing) or section 23 of the Arms Export Control

8 Act (22 U.S.C. 2763; relating to the Foreign

9 Military Financing program) in the fiscal year

10 in which the transportation is provided;

11 ‘‘(C) the total weight of the transfer does

12 not exceed 25,000 pounds; and

13 ‘‘(D) such transportation is accomplished

14 on a space available basis.

15 ‘‘(f) ADVANCE NOTIFICATION TO CONGRESS FOR

16 TRANSFER OF CERTAIN EXCESS DEFENSE ARTICLES.—

17 ‘‘(1) IN GENERAL.—The President may not

18 transfer excess defense articles that are significant

19 military equipment (as defined in section 47(9) of

20 the Arms Export Control Act) or excess defense arti21 cles valued (in terms of original acquisition cost) at

22 $7,000,000 or more, under this section or under the

23 Arms Export Control Act (22 U.S.C. 2751 et seq.)

24 until 15 days after the date on which the President

25 has provided notice of the proposed transfer to the
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1 congressional committees specified in section

2 634A(a) in accordance with procedures applicable to

3 reprogramming notifications under that section.

4 ‘‘(2) CONTENTS.—Such notification shall in5 clude—

6 ‘‘(A) a statement outlining the purposes

7 for which the article is being provided to the

8 country, including whether such article has

9 been previously provided to such country;

10 ‘‘(B) an assessment of the impact of the

11 transfer on the military readiness of the United

12 States; and

13 ‘‘(C) a statement describing the current

14 value of such article and the value of such arti15 cle at acquisition.

16 ‘‘(g) AGGREGATE ANNUAL LIMITATION.—The aggre17 gate value of excess defense articles transferred to coun18 tries under this section in any fiscal year may not exceed

19 $350,000,000.

20 ‘‘(h) CONGRESSIONAL PRESENTATION DOCU21 MENTS.—Documents described in subsection (a) justifying

22 the transfer of excess defense articles shall include an ex23 planation of the general purposes of providing excess de24 fense articles as well as a table which provides an aggre25 gate annual total of transfers of excess defense articles
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1 in the preceding year by country in terms of offers and

2 actual deliveries and in terms of acquisition cost and cur3 rent value. Such table shall indicate whether such excess

4 defense articles were provided on a grant or sale basis.

5 ‘‘(i) EXCESS COAST GUARD PROPERTY.—For pur6 poses of this section, the term ‘excess defense articles’

7 shall be deemed to include excess property of the Coast

8 Guard, and the term ‘Department of Defense’ shall be

9 deemed, with respect to such excess property, to include

10 the Coast Guard.’’.

11 (b) REPEALS.—The following provisions of law are

12 hereby repealed:

13 (1) Section 502A of the Foreign Assistance Act

14 of 1961 (22 U.S.C. 2303).

15 (2) Sections 517 through 520 of the Foreign

16 Assistance Act of 1961 (22 U.S.C. 2321k through

17 2321n).

18 (3) Section 31(d) of the Arms Export Control

19 Act (22 U.S.C. 2771(d)).

20 CHAPTER 2—INTERNATIONAL MILITARY

21 EDUCATION AND TRAINING

22 SEC. 3141. AUTHORIZATION OF APPROPRIATIONS.

23 There are authorized to be appropriated $28,500,000

24 for each of the fiscal years 1996 and 1997 to carry out
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1 chapter 5 of part II of the Foreign Assistance Act of 1961

2 (22 U.S.C. 2347 et seq.).

3 SEC. 3142. ASSISTANCE FOR INDONESIA.

4 Funds made available for fiscal years 1996 and 1997

5 to carry out chapter 5 of part II of the Foreign Assistance

6 Act of 1961 (22 U.S.C. 2347 et seq.; relating to the inter7 national military education and training program) may be

8 obligated for Indonesia only for expanded military and

9 education training that meets the requirements of clauses

10 (i) through (iv) of the second sentence of section 541 of

11 such Act (22 U.S.C. 2347).

12 SEC. 3143. TEST PILOT EXCHANGE TRAINING.

13 Section 544 of the Foreign Assistance Act of 1961

14 (22 U.S.C. 2347c) is amended—

15 (1) by striking ‘‘In carrying out this chapter’’

16 and inserting ‘‘(a) In carrying out this chapter’’; and

17 (2) by adding at the end the following new sub18 section:

19 ‘‘(b) The President may provide for the attendance

20 of foreign military and civilian defense personnel at test

21 pilot flight schools in the United States without charge

22 if such attendance is pursuant to an agreement providing

23 for the exchange of students on a one-for-one basis each

24 fiscal year between those United States test pilot flight
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1 schools and comparable flight test pilot schools of foreign

2 countries.’’.

3 CHAPTER 3—ANTITERRORISM

4 ASSISTANCE

5 SEC. 3151. AUTHORIZATION OF APPROPRIATIONS.

6 (a) IN GENERAL.—There are authorized to be appro7 priated $25,000,000 for fiscal year 1996 and $30,000,000

8 for fiscal year 1997 to carry out chapter 8 of part II of

9 the Foreign Assistance Act of 1961 (22 U.S.C. 2349aa

10 et seq.).

11 (b) AVAILABILITY OF AMOUNTS.—Amounts author12 ized to be appropriated under subsection (a) are author13 ized to remain available until expended.

14 SEC. 3152. ANTITERRORISM TRAINING ASSISTANCE.

15 (a) IN GENERAL.—Section 571 of the Foreign Assist16 ance Act of 1961 (22 U.S.C. 2349aa) is amended by strik17 ing ‘‘Subject to the provisions of this chapter’’ and insert18 ing ‘‘Notwithstanding any other provision of law that re19 stricts assistance to foreign countries (other than sections

20 502B and 620A of this Act)’’.

21 (b) LIMITATIONS.—Section 573 of such Act (22

22 U.S.C. 2349aa–2) is amended—

23 (1) in the heading, by striking ‘‘SPECIFIC AU24 THORITIES AND’’;

25 (2) by striking subsection (a);
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1 (3) by redesignating subsections (b) through (f)

2 as subsections (a) through (e), respectively; and

3 (4) in subsection (c) (as redesignated)—

4 (A) by striking paragraphs (1) and (2);

5 (B) by redesignating paragraphs (3)

6 through (5) as paragraphs (1) through (3), re7 spectively; and

8 (C) by amending paragraph (2) (as redes9 ignated) to read as follows:

10 ‘‘(2)(A) Except as provided in subparagraph

11 (B), funds made available to carry out this chapter

12 shall not be made available for the procurement of

13 weapons and ammunition.

14 ‘‘(B) Subparagraph (A) shall not apply to small

15 arms and ammunition in categories I and III of the

16 United States Munitions List that are integrally and

17 directly related to antiterrorism training provided

18 under this chapter if, at least 15 days before obligat19 ing those funds, the President notifies the appro20 priate congressional committees in accordance with

21 the procedures applicable to reprogramming notifica22 tions under section 634A.

23 ‘‘(C) The value (in terms of original acquisition

24 cost) of all equipment and commodities provided

25 under this chapter in any fiscal year may not exceed
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1 25 percent of the funds made available to carry out

2 this chapter for that fiscal year.’’.

3 (c) ANNUAL REPORT.—Section 574 of such Act (22

4 U.S.C. 2349aa–3) is hereby repealed.

5 (d) TECHNICAL CORRECTIONS.—Section 575 (22

6 U.S.C. 2349aa–4) and section 576 (22 U.S.C. 2349aa–

7 5) of such Act are redesignated as sections 574 and 575,

8 respectively.

9 CHAPTER 4—NARCOTICS CONTROL

10 ASSISTANCE

11 SEC. 3161. AUTHORIZATION OF APPROPRIATIONS.

12 (a) IN GENERAL.—There are authorized to be appro13 priated $213,000,000 for each of the fiscal years 1996

14 and 1997 to carry out chapter 8 of part I of the Foreign

15 Assistance Act of 1961 (22 U.S.C. 2349aa et seq.).

16 (b) AVAILABILITY OF AMOUNTS.—Amounts author17 ized to be appropriated under subsection (a) are author18 ized to remain available until expended.

19 SEC. 3162. ADDITIONAL REQUIREMENTS RELATING TO

20 NARCOTICS CONTROL ASSISTANCE.

21 (a) POLICY AND GENERAL AUTHORITIES.—Section

22 481(a) of the Foreign Assistance Act (22 U.S.C. 2291(a))

23 is amended—

24 (1) in paragraph (1)—
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1 (A) by redesignating subparagraphs (D)

2 through (F) as subparagraphs (E) through (G),

3 respectively; and

4 (B) by inserting after subparagraph (C)

5 the following new subparagraph:

6 ‘‘(D) International criminal activities, particu7 larly international narcotics trafficking, money laun8 dering, and corruption, endanger political and eco9 nomic stability and democratic development, and as10 sistance for the prevention and suppression of inter11 national criminal activities should be a priority for

12 the United States.’’; and

13 (2) in paragraph (4), by adding before the pe14 riod at the end the following: ‘‘, or for other related

15 anticrime purposes’’.

16 (b) CONTRIBUTIONS AND REIMBURSEMENT.—Sec17 tion 482(c) of that Act (22 U.S.C. 2291a(c)) is amend18 ed—

19 (1) by striking ‘‘CONTRIBUTION BY RECIPIENT

20 COUNTRY.—To’’ and inserting ‘‘CONTRIBUTIONS

21 AND REIMBURSEMENT.—(1) To’’; and

22 (2) by adding at the end the following new

23 paragraphs:

24 ‘‘(2)(A) The President is authorized to accept con25 tributions from other foreign governments to carry out the
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1 purposes of this chapter. Such contributions shall be de2 posited as an offsetting collection to the applicable appro3 priation account and may be used under the same terms

4 and conditions as funds appropriated pursuant to this

5 chapter.

6 ‘‘(B) At the time of submission of the annual congres7 sional presentation documents required by section 634(a),

8 the President shall provide a detailed report on any con9 tributions received in the preceding fiscal year, the amount

10 of such contributions, and the purposes for which such

11 contributions were used.

12 ‘‘(3) The President is authorized to provide assist13 ance under this chapter on a reimbursable basis. Such re14 imbursements shall be deposited as an offsetting collection

15 to the applicable appropriation and may be used under the

16 same terms and conditions as funds appropriated pursu17 ant to this chapter.’’.

18 (c) IMPLEMENTATION OF LAW ENFORCEMENT AS19 SISTANCE.—Section 482 of such Act (22 U.S.C. 2291a)

20 is amended by adding at the end the following new sub21 sections:

22 ‘‘(f) TREATMENT OF FUNDS.—Funds transferred to

23 and consolidated with funds appropriated pursuant to this

24 chapter may be made available on such terms and condi25 tions as are applicable to funds appropriated pursuant to
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1 this chapter. Funds so transferred or consolidated shall

2 be apportioned directly to the bureau within the Depart3 ment of State responsible for administering this chapter.

4 ‘‘(g) EXCESS PROPERTY.—For purposes of this chap5 ter, the Secretary of State may use the authority of section

6 608, without regard to the restrictions of such section, to

7 receive nonlethal excess property from any agency of the

8 United States Government for the purpose of providing

9 such property to a foreign government under the same

10 terms and conditions as funds authorized to be appro11 priated for the purposes of this chapter.’’.

12 (d) REPORTING REQUIREMENTS.—(1) Section 489 of

13 such Act (22 U.S.C. 2291h) is amended—

14 (A) in the section heading, by striking ‘‘FOR

15 FISCAL YEAR 1995’’; and

16 (B) by striking subsections (b) and (c).

17 (2) Section 489A of such Act (22 U.S.C. 2291i) is

18 hereby repealed.

19 (e) CERTIFICATION REQUIREMENTS.—(1) Section

20 490 of such Act (22 U.S.C. 2291j) is amended—

21 (A) in the section heading by striking ‘‘FOR

22 FISCAL YEAR 1995’’; and

23 (B) by striking subsection (i).

24 (2) Section 490A of such Act (22 U.S.C. 2291k) is

25 hereby repealed.
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1 SEC. 3163. NOTIFICATION REQUIREMENT.

2 (a) IN GENERAL.—The authority of section 1003(d)

3 of the National Narcotics Control Leadership Act of 1988

4 (21 U.S.C. 1502(d)) may be exercised with respect to

5 funds authorized to be appropriated pursuant to the For6 eign Assistance Act of 1961 (22 U.S.C. 2151 et seq.) and

7 with respect to the personnel of the Department of State

8 only to the extent that the appropriate congressional com9 mittees have been notified 15 days in advance in accord10 ance with the reprogramming procedures applicable under

11 section 634A of that Act (22 U.S.C. 2394–1).

12 (b) DEFINITION.—For purposes of this section, the

13 term ‘‘appropriate congressional committees’’ means the

14 Committee on International Relations and the Committee

15 on Appropriations of the House of Representatives and the

16 Committee on Foreign Relations and the Committee on

17 Appropriations of the Senate.

18 SEC. 3164. WAIVER OF RESTRICTIONS FOR NARCOTICS-RE19 LATED ECONOMIC ASSISTANCE.

20 For each of the fiscal years 1996 and 1997, narcot21 ics-related assistance under part I of the Foreign Assist22 ance Act of 1961 (22 U.S.C. 2151 et seq.) may be pro23 vided notwithstanding any other provision of law that re24 stricts assistance to foreign countries (other than section

25 490(e) or section 502B of that Act (22 U.S.C. 2291j(e)

26 and 2304)) if, at least 15 days before obligating funds
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1 for such assistance, the President notifies the appropriate

2 congressional committees (as defined in section 481(e) of

3 that Act (22 U.S.C. 2291(e))) in accordance with the pro4 cedures applicable to reprogramming notifications under

5 section 634A of that Act (22 U.S.C. 2394).

6 CHAPTER 5—NONPROLIFERATION AND

7 DISARMAMENT FUND

8 SEC. 3171. NONPROLIFERATION AND DISARMAMENT FUND.

9 (a) IN GENERAL.—There are authorized to be appro10 priated $25,000,000 for each of the fiscal years 1996 and

11 1997 to carry out section 504 of the Freedom for Russia

12 and Emerging Eurasian Democracies and Open Markets

13 Support Act of 1992 (22 U.S.C. 5854).

14 (b) AVAILABILITY OF AMOUNTS.—Amounts author15 ized to be appropriated under subsection (a) are author16 ized to remain available until expended.

17 CHAPTER 6—OTHER PROVISIONS

18 SEC. 3181. STANDARDIZATION OF CONGRESSIONAL REVIEW

19 PROCEDURES FOR ARMS TRANSFERS.

20 (a) THIRD COUNTRY TRANSFERS UNDER FMS

21 SALES.—Section 3(d)(2) of the Arms Export Control Act

22 (22 U.S.C. 2753(d)(2)) is amended—

23 (1) in subparagraph (A), by striking ‘‘, as pro24 vided for in sections 36(b)(2) and 36(b)(3) of this

25 Act’’;
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1 (2) in subparagraph (B), by striking ‘‘law’’ and

2 inserting ‘‘joint resolution’’; and

3 (3) by adding at the end the following:

4 ‘‘(C) If the President states in his certification under

5 subparagraph (A) or (B) that an emergency exists which

6 requires that consent to the proposed transfer become ef7 fective immediately in the national security interests of the

8 United States, thus waiving the requirements of that sub9 paragraph, the President shall set forth in the certification

10 a detailed justification for his determination, including a

11 description of the emergency circumstances which neces12 sitate immediate consent to the transfer and a discussion

13 of the national security interests involved.

14 ‘‘(D)(i) Any joint resolution under this paragraph

15 shall be considered in the Senate in accordance with the

16 provisions of section 601(b) of the International Security

17 Assistance and Arms Export Control Act of 1976.

18 ‘‘(ii) For the purpose of expediting the consideration

19 and enactment of joint resolutions under this paragraph,

20 a motion to proceed to the consideration of any such joint

21 resolution after it has been reported by the appropriate

22 committee shall be treated as highly privileged in the

23 House of Representatives.’’.
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1 (b) THIRD COUNTRY TRANSFERS UNDER COMMER2 CIAL SALES.—Section 3(d)(3) of such Act (22 U.S.C.

3 2753(d)(3)) is amended—

4 (1) by inserting ‘‘(A)’’ after ‘‘(3)’’;

5 (2) in the first sentence—

6 (A) by striking ‘‘at least 30 calendar

7 days’’; and

8 (B) by striking ‘‘report’’ and inserting

9 ‘‘certification’’; and

10 (3) by striking the last sentence and inserting

11 the following: ‘‘Such certification shall be submit12 ted—

13 ‘‘(i) at least 15 calendar days before such con14 sent is given in the case of a transfer to a country

15 which is a member of the North Atlantic Treaty Or16 ganization or Australia, Japan, or New Zealand; and

17 ‘‘(ii) at least 30 calendar days before such con18 sent is given in the case of a transfer to any other

19 country,

20 unless the President states in his certification that an

21 emergency exists which requires that consent to the pro22 posed transfer become effective immediately in the na23 tional security interests of the United States. If the Presi24 dent states in his certification that such an emergency ex25 ists (thus waiving the requirements of clause (i) or (ii),
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1 as the case may be, and of subparagraph (B)) the Presi2 dent shall set forth in the certification a detailed justifica3 tion for his determination, including a description of the

4 emergency circumstances which necessitate that consent

5 to the proposed transfer become effective immediately and

6 a discussion of the national security interests involved.

7 ‘‘(B) Consent to a transfer subject to subparagraph

8 (A) shall become effective after the end of the 15-day or

9 30-day period specified in subparagraph (A)(i) or (ii), as

10 the case may be, only if the Congress does not enact, with11 in that period, a joint resolution prohibiting the proposed

12 transfer.

13 ‘‘(C)(i) Any joint resolution under this paragraph

14 shall be considered in the Senate in accordance with the

15 provisions of section 601(b) of the International Security

16 Assistance and Arms Export Control Act of 1976.

17 ‘‘(ii) For the purpose of expediting the consideration

18 and enactment of joint resolutions under this paragraph,

19 a motion to proceed to the consideration of any such joint

20 resolution after it has been reported by the appropriate

21 committee shall be treated as highly privileged in the

22 House of Representatives.’’.

23 (c) COMMERCIAL SALES.—Section 36(c)(2) of such

24 Act (22 U.S.C. 2753(c)(2)) is amended by amending sub25 paragraphs (A) and (B) to read as follows:
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1 ‘‘(A) in the case of a license for an export to

2 the North Atlantic Treaty Organization, any mem3 ber country of that Organization or Australia,

4 Japan, or New Zealand, shall not be issued until at

5 least 15 calendar days after the Congress receives

6 such certification, and shall not be issued then if the

7 Congress, within that 15-day period, enacts a joint

8 resolution prohibiting the proposed export; and

9 ‘‘(B) in the case of any other license, shall not

10 be issued until at least 30 calendar days after the

11 Congress receives such certification, and shall not be

12 issued then if the Congress, within that 30-day pe13 riod, enacts a joint resolution prohibiting the pro14 posed export.’’.

15 (d) COMMERCIAL MANUFACTURING AGREEMENTS.—

16 Section 36(d) of such Act (22 U.S.C. 2753(d)) is amend17 ed—

18 (1) by inserting ‘‘(1)’’ after ‘‘(d)’’;

19 (2) by striking ‘‘for or in a country not a mem20 ber of the North Atlantic Treaty Organization’’; and

21 (3) by adding at the end the following:

22 ‘‘(2) A certification under this subsection shall be

23 submitted—

24 ‘‘(A) at least 15 days before approval is given

25 in the case of an agreement for or in a country
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1 which is a member of the North Atlantic Treaty Or2 ganization or Australia, Japan, or New Zealand; and

3 ‘‘(B) at least 30 days before approval is given

4 in the case of an agreement for or in any other

5 country;

6 unless the President states in his certification that an

7 emergency exists which requires the immediate approval

8 of the agreement in the national security interests of the

9 United States.

10 ‘‘(3) If the President states in his certification that

11 an emergency exists which requires the immediate ap12 proval of the agreement in the national security interests

13 of the United States, thus waiving the requirements of

14 paragraph (4), he shall set forth in the certification a de15 tailed justification for his determination, including a de16 scription of the emergency circumstances which neces17 sitate the immediate approval of the agreement and a dis18 cussion of the national security interests involved.

19 ‘‘(4) Approval for an agreement subject to paragraph

20 (1) may not be given under section 38 if the Congress,

21 within the 15-day or 30-day period specified in paragraph

22 (2)(A) or (B), as the case may be, enacts a joint resolution

23 prohibiting such approval.

24 ‘‘(5)(A) Any joint resolution under paragraph (4)

25 shall be considered in the Senate in accordance with the
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1 provisions of section 601(b) of the International Security

2 Assistance and Arms Export Control Act of 1976.

3 ‘‘(B) For the purpose of expediting the consideration

4 and enactment of joint resolutions under paragraph (4),

5 a motion to proceed to the consideration of any such joint

6 resolution after it has been reported by the appropriate

7 committee shall be treated as highly privileged in the

8 House of Representatives.’’.

9 (e) GOVERNMENT-TO-GOVERNMENT LEASES.—

10 (1) CONGRESSIONAL REVIEW PERIOD.—Section

11 62 of such Act (22 U.S.C. 2796a) is amended—

12 (A) in subsection (a), by striking ‘‘Not less

13 than 30 days before’’ and inserting ‘‘Before’’;

14 (B) in subsection (b)—

15 (i) by striking ‘‘determines, and im16 mediately reports to the Congress’’ and in17 serting ‘‘states in his certification,’’; and

18 (ii) by adding at the end of the sub19 section the following: ‘‘If the President

20 states in his certification that such an

21 emergency exists, he shall set forth in the

22 certification a detailed justification for his

23 determination, including a description of

24 the emergency circumstances which neces25 sitate that the lease be entered into imme-
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1 diately and a discussion of the national se2 curity interests involved.’’; and

3 (C) by adding at the end of the section the

4 following:

5 ‘‘(c) The certification required by subsection (a) shall

6 be transmitted—

7 ‘‘(1) not less than 15 calendar days before the

8 agreement is entered into or renewed in the case of

9 an agreement with the North Atlantic Treaty Orga10 nization, any member country of that Organization

11 or Australia, Japan, or New Zealand; and

12 ‘‘(2) not less than 30 calendar days before the

13 agreement is entered into or renewed in the case of

14 an agreement with any other organization or coun15 try.’’.

16 (2) CONGRESSIONAL VETO.—Section 63(a) of

17 such Act (22 U.S.C. 2796b(a)) is amended—

18 (A) by striking ‘‘(a)(1)’’ and inserting

19 ‘‘(a)’’;

20 (B) by striking out the ‘‘30 calendar days

21 after receiving the certification with respect to

22 that proposed agreement pursuant to section

23 62(a),’’ and inserting in lieu thereof ‘‘the 15-

24 day or 30-day period specified in section 62(c)

25 (1) or (2), as the case may be,’’; and
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1 (C) by striking paragraph (2).

2 (f) EFFECTIVE DATE.—The amendments made by

3 this section apply with respect to certifications required

4 to be submitted on or after the date of the enactment of

5 this Act.

6 SEC. 3182. STANDARDIZATION OF THIRD COUNTRY TRANS7 FERS OF DEFENSE ARTICLES.

8 Section 3 of the Arms Export Control Act (22 U.S.C.

9 2753) is amended by inserting after subsection (a) the fol10 lowing new subsection:

11 ‘‘(b) The consent of the President under paragraph

12 (2) of subsection (a) or under the third sentence of such

13 subsection shall not be required for the transfer by a for14 eign country or international organization of defense arti15 cles sold by the United States under this Act if—

16 ‘‘(1) such articles constitute components incor17 porated into foreign defense articles;

18 ‘‘(2) the recipient is the government of a mem19 ber country of the North Atlantic Treaty Organiza20 tion, the Government of Australia, the Government

21 of Japan, or the Government of New Zealand;

22 ‘‘(3) the United States-origin components are

23 not—

24 ‘‘(A) significant military equipment (as de25 fined in section 47(9));
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1 ‘‘(B) defense articles for which notification

2 to Congress is required under section 36(b);

3 and

4 ‘‘(C) identified by regulation as Missile

5 Technology Control Regime items; and

6 ‘‘(4) the foreign country or international orga7 nization provides notification of the transfer of the

8 defense articles to the United States Government

9 not later than 30 days after the date of such trans10 fer.’’.

11 SEC. 3183. INCREASED STANDARDIZATION, RATIONALIZA12 TION, AND INTEROPERABILITY OF ASSIST13 ANCE AND SALES PROGRAMS.

14 Paragraph (6) of section 515(a) of the Foreign As15 sistance Act of 1961 (22 U.S.C. 2321i(a)(6)) is amended

16 by striking ‘‘among members of the North Atlantic Treaty

17 Organization and with the Armed Forces of Japan, Aus18 tralia, and New Zealand’’.

19 SEC. 3184. REPEAL OF PRICE AND AVAILABILITY REPORT20 ING REQUIREMENT RELATING TO PROPOSED

21 SALE OF DEFENSE ARTICLES AND SERVICES.

22 (a) IN GENERAL.—Section 28 of the Arms Export

23 Control Act (22 U.S.C. 2768) is hereby repealed.
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1 (b) CONFORMING AMENDMENT.—Section 36(b) of

2 such Act (22 U.S.C. 2776(b)) is amended by striking

3 paragraph (4) of such section.

4 SEC. 3185. DEFINITION OF SIGNIFICANT MILITARY EQUIP5 MENT.

6 Section 47 of the Arms Export Control Act (22

7 U.S.C. 2794) is amended—

8 (1) in paragraph (7), by striking ‘‘and’’ at the

9 end;

10 (2) in paragraph (8), by striking the period at

11 the end and inserting ‘‘; and’’; and

12 (3) by adding at the end the following new

13 paragraph:

14 ‘‘(9) ‘significant military equipment’ means articles—

15 ‘‘(A) for which special export controls are war16 ranted because of the capacity of such articles for

17 substantial military utility or capability; and

18 ‘‘(B) identified as items on the United States

19 Munitions List.’’.

20 SEC. 3186. ELIMINATION OF SPECIAL DEFENSE ACQUISI21 TION FUND ANNUAL REPORT.

22 (a) IN GENERAL.—Section 53 of the Arms Export

23 Control Act (22 U.S.C. 2795b) is hereby repealed.
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1 (b) CONFORMING AMENDMENT.—Section 51(a)(4) of

2 such Act (22 U.S.C. 2795(a)(4)) is amended by striking

3 subparagraph (B) of such section.

4 SEC. 3187. COST OF LEASED DEFENSE ARTICLES THAT

5 HAVE BEEN LOST OR DESTROYED.

6 Section 61(a)(3) of the Arms Export Control Act (22

7 U.S.C. 2796(a)) is amended by striking ‘‘and the replace8 ment cost’’ and all that follows and inserting the following:

9 ‘‘and, if the articles are lost or destroyed while leased—

10 ‘‘(A) in the event the United States in11 tends to replace the articles lost or destroyed,

12 the replacement cost (less any depreciation in

13 the value) of the articles; or

14 ‘‘(B) in the event the United States does

15 not intend to replace the articles lost or de16 stroyed, an amount not less than the actual

17 value (less any depreciation in the value) speci18 fied in the lease agreement.’’.

19 SEC. 3188. DESIGNATION OF MAJOR NON-NATO ALLIES.

20 (a) DESIGNATION.—

21 (1) NOTICE TO CONGRESS.—Chapter 2 of part

22 II of the Foreign Assistance Act of 1961 (22 U.S.C.

23 2311 et seq.) is amended by adding at the end the

24 following new section:
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1 ‘‘SEC. 520. DESIGNATION OF MAJOR NON-NATO ALLIES.

2 ‘‘(a) NOTICE TO CONGRESS.—The President shall no3 tify the Congress in writing at least 30 days before—

4 ‘‘(1) designating a country as a major non5 NATO ally for purposes of this Act and the Arms

6 Export Control Act (22 U.S.C. 2751 et seq.); or

7 ‘‘(2) terminating such a designation.

8 ‘‘(b) INITIAL DESIGNATIONS.—Australia, Egypt, Is9 rael, Japan, the Republic of Korea, and New Zealand shall

10 be deemed to have been so designated by the President

11 as of the effective date of this section, and the President

12 is not required to notify the Congress of such designation

13 of those countries.’’.

14 (2) DEFINITION.—Section 644 of such Act (22

15 U.S.C. 2403) is amended by adding at the end the

16 following:

17 ‘‘(q) ‘Major non-NATO ally’ means a country which

18 is designated in accordance with section 520 as a major

19 non-NATO ally for purposes of this Act and the Arms Ex20 port Control Act (22 U.S.C. 2751 et seq.).’’.

21 (3) EXISTING DEFINITIONS.—(A) The last sen22 tence of section 21(g) of the Arms Export Control

23 Act (22 U.S.C. 2761(g)) is repealed.

24 (B) Section 65(d) of such Act is amended—

25 (i) by striking ‘‘or major non-NATO’’; and
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1 (ii) by striking out ‘‘or a’’ and all that fol2 lows through ‘‘Code’’.

3 (b) COOPERATIVE TRAINING AGREEMENTS.—Section

4 21(g) of the Arms Export Control Act (22 U.S.C.

5 2761(g)) is amended in the first sentence by striking

6 ‘‘similar agreements’’ and all that follows through ‘‘other

7 countries’’ and inserting ‘‘similar agreements with coun8 tries’’.

9 SEC. 3189. CERTIFICATION THRESHOLDS.

10 (a) INCREASE IN DOLLAR THRESHOLDS.—The Arms

11 Export Control Act (22 U.S.C. 2751 et seq.) is amended—

12 (1) in section 3(d) (22 U.S.C. 2753(d))—

13 (A) in paragraphs (1) and (3), by striking

14 ‘‘$14,000,000’’ each place it appears and in15 serting ‘‘$25,000,000’’; and

16 (B) in paragraphs (1) and (3), by striking

17 ‘‘$50,000,000’’ each place it appears and in18 serting ‘‘$75,000,000’’;

19 (2) in section 36 (22 U.S.C. 2776)—

20 (A) in subsections (b)(1), (b)(5)(C), and

21 (c)(1), by striking ‘‘14,000,000’’ each place it

22 appears and inserting ‘‘25,000,000’’;

23 (B) in subsections (b)(1), (b)(5)(C), and

24 (c)(1), by striking ‘‘50,000,000’’ each place it

25 appears and inserting ‘‘75,000,000’’; and
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1 (C) in subsections (b)(1) and (b)(5)(C), by

2 striking ‘‘200,000,000’’ each place it appears

3 and inserting ‘‘300,000,000’’; and

4 (3) in section 63(a)(1) (22 U.S.C.

5 2796b(a)(1))—

6 (A) by striking ‘‘14,000,000’’ and inserting

7 ‘‘25,000,000’’; and

8 (B) by striking ‘‘$50,000,000’’ and insert9 ing ‘‘75,000,000’’.

10 (b) EFFECTIVE DATE.—The amendments made by

11 subsection (a) apply with respect to certifications submit12 ted on or after the date of the enactment of this Act.

13 SEC. 3190. COMPETITIVE PRICING FOR SALES OF DEFENSE

14 ARTICLES AND SERVICES.

15 (a) COSTING BASIS.—Section 22 of the Arms Export

16 Control Act (22 U.S.C. 2762) is amended by adding at

17 the end the following:

18 ‘‘(d) COMPETITIVE PRICING.—Procurement con19 tracts made in implementation of sales under this section

20 for defense articles and defense services wholly paid from

21 funds made available on a nonrepayable basis shall be

22 priced on the same costing basis with regard to profit,

23 overhead, independent research and development, bid and

24 proposal, and other costing elements, as is applicable to
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1 procurements of like items purchased by the Department

2 of Defense for its own use.’’.

3 (b) EFFECTIVE DATE AND IMPLEMENTING REGULA4 TIONS.—Section 22(d) of the Arms Export Control Act,

5 as added by subsection (a)—

6 (1) shall take effect on the 60th day following

7 the date of the enactment of this Act;

8 (2) shall be applicable only to contracts made in

9 implementation of sales made after such effective

10 date; and

11 (3) shall be implemented by revised procure12 ment regulations, which shall be issued prior to such

13 effective date.

14 SEC. 3191. DEPLETED URANIUM AMMUNITION.

15 Chapter 1 of part III of the Foreign Assistance Act

16 of 1961 (22 U.S.C. 2370 et seq.) is amended by adding

17 at the end the following new section:

18 ‘‘SEC. 620G. DEPLETED URANIUM AMMUNITION.

19 ‘‘(a) PROHIBITION.—Except as provided in sub20 section (b), none of the funds made available to carry out

21 this Act or any other Act may be made available to facili22 tate in any way the sale of M–833 antitank shells or any

23 comparable antitank shells containing a depleted uranium

24 penetrating component to any country other than—
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1 ‘‘(1) a country that is a member of the North

2 Atlantic Treaty Organization;

3 ‘‘(2) a country that has been designated as a

4 major non-NATO ally (as defined in section 644(q));

5 or

6 ‘‘(3) Taiwan.

7 ‘‘(b) EXCEPTION.—The prohibition contained in sub8 section (a) shall not apply with respect to the use of funds

9 to facilitate the sale of antitank shells to a country if the

10 President determines that to do so is in the national secu11 rity interest of the United States.’’.

12 TITLE XXXII—ECONOMIC

13 ASSISTANCE

14 CHAPTER 1—ECONOMIC SUPPORT

15 ASSISTANCE

16 SEC. 3201. ECONOMIC SUPPORT FUND.

17 Section 532(a) of the Foreign Assistance Act of 1961

18 (22 U.S.C. 2346a(a)) is amended to read as follows:

19 ‘‘(a) There are authorized to be appropriated to the

20 President to carry out the purposes of this chapter

21 $2,346,378,000 for fiscal year 1996 and $2,273,478,000

22 for fiscal year 1997.’’.

23 SEC. 3202. ASSISTANCE FOR ISRAEL.

24 (a) MINIMUM ALLOCATION.—Of the amounts made

25 available for fiscal years 1996 and 1997 for assistance
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1 under chapter 4 of part II of the Foreign Assistance Act

2 of 1961 (22 U.S.C. 2346 et seq.; relating to the economic

3 support fund), not less than $1,200,000,000 for each such

4 fiscal year shall be available only for Israel.

5 (b) TERMS OF ASSISTANCE.—

6 (1) CASH TRANSFER.—The total amount of

7 funds allocated for Israel for each fiscal year under

8 subsection (a) shall be made available on a grant

9 basis as a cash transfer.

10 (2) EXPEDITED DISBURSEMENT.—Such funds

11 shall be disbursed—

12 (A) with respect to fiscal year 1996, not

13 later than 30 days after the date of the enact14 ment of the Foreign Operations, Export Fi15 nancing, and Related Programs Appropriations

16 Act, 1996, or by October 31, 1995, whichever

17 is later; and

18 (B) with respect to fiscal year 1997, not

19 later than 30 days after the date of the enact20 ment of the Foreign Operations, Export Fi21 nancing, and Related Programs Appropriations

22 Act, 1997, or by October 31, 1996, whichever

23 is later.

24 (3) ADDITIONAL REQUIREMENT.—In exercising

25 the authority of this subsection, the President shall
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1 ensure that the amount of funds provided as a cash

2 transfer to Israel does not cause an adverse impact

3 on the total level of nonmilitary exports from the

4 United States to Israel.

5 SEC. 3203. ASSISTANCE FOR EGYPT.

6 (a) MINIMUM ALLOCATION.—Of the amounts made

7 available for fiscal years 1996 and 1997 for assistance

8 under chapter 4 of part II of the Foreign Assistance Act

9 of 1961 (22 U.S.C. 2346 et seq.; relating to the economic

10 support fund), not less than $815,000,000 for each such

11 fiscal year shall be available only for Egypt.

12 (b) ADDITIONAL REQUIREMENT.—In exercising the

13 authority of this section, the President shall ensure that

14 the amount of funds provided as a cash transfer to Egypt

15 does not cause an adverse impact on the total level of non16 military exports from the United States to Egypt.

17 SEC. 3204. INTERNATIONAL FUND FOR IRELAND.

18 (a) FUNDING.—

19 (1) IN GENERAL.—Of the amounts made avail20 able for fiscal years 1996 and 1997 for assistance

21 under chapter 4 of part II of the Foreign Assistance

22 Act of 1961 (22 U.S.C. 2346 et seq.; relating to the

23 economic support fund), not less than $29,600,000

24 for fiscal year 1996 and not less than $19,600,000

25 for fiscal year 1997 shall be available for the United
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1 States contribution to the International Fund for

2 Ireland in accordance with the Anglo-Irish Agree3 ment Support Act of 1986 (Public Law 99–415).

4 (2) AVAILABILITY.—Amounts made available

5 under paragraph (1) are authorized to remain avail6 able until expended.

7 (b) ADDITIONAL REQUIREMENTS.—

8 (1) PURPOSES.—Section 2(b) of the Anglo-Irish

9 Agreement Support Act of 1986 (Public Law 99-

10 415; 100 Stat. 947) is amended by adding at the

11 end the following new sentences: ‘‘United States con12 tributions shall be used in a manner that effectively

13 increases employment opportunities in communities

14 with rates of unemployment significantly higher than

15 the local or urban average of unemployment in

16 Northern Ireland. In addition, such contributions

17 shall be used to benefit individuals residing in such

18 communities.’’.

19 (2) CONDITIONS AND UNDERSTANDINGS.—Sec20 tion 5(a) of such Act is amended—

21 (A) in the first sentence—

22 (i) by striking ‘‘The United States’’

23 and inserting the following:

24 ‘‘(1) IN GENERAL.—The United States’’;
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1 (ii) by striking ‘‘in this Act may be

2 used’’ and inserting the following: ‘‘in this

3 Act—

4 ‘‘(A) may be used’’;

5 (iii) by striking the period and insert6 ing ‘‘; and’’; and

7 (iv) by adding at the end the follow8 ing:

9 ‘‘(B) may be provided to an individual or

10 entity in Northern Ireland only if such individ11 ual or entity is in compliance with the prin12 ciples of economic justice.’’; and

13 (B) in the second sentence, by striking

14 ‘‘The restrictions’’ and inserting the following:

15 ‘‘(2) ADDITIONAL REQUIREMENTS.—The re16 strictions’’.

17 (3) PRIOR CERTIFICATIONS.—Section 5(c)(2) of

18 such Act is amended—

19 (A) in subparagraph (A), by striking

20 ‘‘principle of equality’’ and all that follows and

21 inserting ‘‘principles of economic justice; and’’;

22 and

23 (B) in subparagraph (B), by inserting be24 fore the period at the end the following: ‘‘and

25 will create employment opportunities in regions
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1 and communities of Northern Ireland suffering

2 the highest rates of unemployment’’.

3 (4) ANNUAL REPORTS.—Section 6 of such Act

4 is amended—

5 (A) in paragraph (2), by striking ‘‘and’’ at

6 the end;

7 (B) in paragraph (3), by striking the pe8 riod and inserting ‘‘; and’’; and

9 (C) by adding at the end the following new

10 paragraph:

11 ‘‘(4) each individual or entity receiving assist12 ance from United States contributions to the Inter13 national Fund has agreed in writing to comply with

14 the principles of economic justice.’’.

15 (5) DEFINITIONS.—Section 8 of such Act is

16 amended—

17 (A) in paragraph (1), by striking ‘‘and’’ at

18 the end;

19 (B) in paragraph (2), by striking the pe20 riod at the end and inserting a semicolon; and

21 (C) by adding at the end the following new

22 paragraphs:

23 ‘‘(3) the term ‘Northern Ireland’ includes the

24 counties of Antrim, Armagh, Derry, Down, Tyrone,

25 and Fermanagh; and
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1 ‘‘(4) the term ‘principles of economic justice’

2 means the following principles:

3 ‘‘(A) Increasing the representation of indi4 viduals from underrepresented religious groups

5 in the workforce, including managerial, super6 visory, administrative, clerical, and technical

7 jobs.

8 ‘‘(B) Providing adequate security for the

9 protection of minority employees at the work10 place.

11 ‘‘(C) Banning provocative sectarian or po12 litical emblems from the workplace.

13 ‘‘(D) Providing that all job openings be ad14 vertised publicly and providing that special re15 cruitment efforts be made to attract applicants

16 from underrepresented religious groups.

17 ‘‘(E) Providing that layoff, recall, and ter18 mination procedures do not favor a particular

19 religious group.

20 ‘‘(F) Abolishing job reservations, appren21 ticeship restrictions, and differential employ22 ment criteria which discriminate on the basis of

23 religion.

24 ‘‘(G) Providing for the development of

25 training programs that will prepare substantial
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1 numbers of minority employees for skilled jobs,

2 including the expansion of existing programs

3 and the creation of new programs to train, up4 grade, and improve the skills of minority em5 ployees.

6 ‘‘(H) Establishing procedures to assess,

7 identify, and actively recruit minority employees

8 with the potential for further advancement.

9 ‘‘(I) Providing for the appointment of a

10 senior management staff member to be respon11 sible for the employment efforts of the entity

12 and, within a reasonable period of time, the im13 plementation of the principles described in sub14 paragraphs (A) through (H).’’.

15 (6) EFFECTIVE DATE.—The amendments made

16 by this subsection shall take effect 180 days after

17 the date of the enactment of this Act.

18 SEC. 3205. LAW ENFORCEMENT ASSISTANCE.

19 (a) IN GENERAL.—Of the amounts made available

20 for fiscal years 1996 and 1997 for assistance under chap21 ter 4 of part II of the Foreign Assistance Act of 1961

22 (22 U.S.C. 2346 et seq.; relating to the economic support

23 fund), not more than $12,000,000 for each such fiscal

24 year shall be available for law enforcement assistance
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1 under chapter 8 of part I of such Act (22 U.S.C. 2291

2 et seq.).

3 (b) AVAILABILITY.—Amounts made available under

4 subsection (a) are authorized to remain available until ex5 pended.

6 CHAPTER 2—ASSISTANCE FOR PRIVATE

7 SECTOR PROGRAMS AND ACTIVITIES

8 SEC. 3211. PRIVATE SECTOR ENTERPRISE FUNDS.

9 The Foreign Assistance Act of 1961 (22 U.S.C. 2151

10 et seq.) is amended by inserting after section 601 the fol11 lowing new section:

12 ‘‘SEC. 601A. PRIVATE SECTOR ENTERPRISE FUNDS.

13 ‘‘(a) AUTHORITY.—(1) The President may provide

14 funds and support to Enterprise Funds designated in ac15 cordance with subsection (b) that are or have been estab16 lished for the purposes of promoting—

17 ‘‘(A) development of the private sectors of eligi18 ble countries, including small businesses, the agricul19 tural sector, and joint ventures with United States

20 and host country participants; and

21 ‘‘(B) policies and practices conducive to private

22 sector development in eligible countries;

23 on the same basis as funds and support may be provided

24 with respect to Enterprise Funds for Poland and Hungary
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1 under the Support for East European Democracy (SEED)

2 Act of 1989 (22 U.S.C. 5401 et seq.).

3 ‘‘(2) Funds may be made available under this section

4 notwithstanding any other provision of law.

5 ‘‘(b) COUNTRIES ELIGIBLE FOR ENTERPRISE

6 FUNDS.—(1) Except as provided in paragraph (2), the

7 President is authorized to designate a private, nonprofit

8 organization as eligible to receive funds and support pur9 suant to this section with respect to any country eligible

10 to receive assistance under part I of this Act in the same

11 manner and with the same limitations as set forth in sec12 tion 201(d) of the Support for East European Democracy

13 (SEED) Act of 1989 (22 U.S.C. 5421(d)).

14 ‘‘(2) The authority of paragraph (1) shall not apply

15 to any country with respect to which the President is au16 thorized to designate an enterprise fund under section

17 498B(c) or section 498C of this Act or section 201 of the

18 Support for East European Democracy (SEED) Act of

19 1989 (22 U.S.C. 5421).

20 ‘‘(c) TREATMENT EQUIVALENT TO ENTERPRISE

21 FUNDS FOR POLAND AND HUNGARY.—Except as other22 wise specifically provided in this section, the provisions

23 contained in section 201 of the Support for East Euro24 pean Democracy (SEED) Act of 1989 (22 U.S.C. 5421)

25 (excluding the authorizations of appropriations provided
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1 in subsection (b) of that section) shall apply to any Enter2 prise Fund that receives funds and support under this sec3 tion. The officers, members, or employees of an Enterprise

4 Fund that receive funds and support under this section

5 shall enjoy the same status under law that is applicable

6 to officers, members, or employees of the Enterprise

7 Funds for Poland and Hungary under section 201 of the

8 Support for East European Democracy (SEED) Act of

9 1989 (22 U.S.C. 5421).

10 ‘‘(d) REPORTING REQUIREMENT.—Notwithstanding

11 any other provision of this section, the requirement of sec12 tion 201(p) of the Support for East European Democracy

13 (SEED) Act of 1989 (22 U.S.C. 5421(p)), that an Enter14 prise Fund shall be required to publish an annual report

15 not later than January 31 each year, shall not apply with

16 respect to an Enterprise Fund that receives funds and

17 support under this section for the first twelve months after

18 it is designated as eligible to receive such funds and sup19 port.

20 ‘‘(e) FUNDING.—

21 ‘‘(1) IN GENERAL.—Amounts made available

22 for a fiscal year to carry out chapter 1 of part I of

23 this Act (relating to development assistance) and to

24 carry out chapter 4 of part II of this Act (relating

25 to the economic support fund) shall be available for
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1 such fiscal year to carry out this section, in addition

2 to amounts otherwise available for such purposes.

3 ‘‘(2) AFRICAN DEVELOPMENT.—In addition to

4 amounts available under paragraph (1) for a fiscal

5 year, amounts made available for such fiscal year to

6 carry out chapter 10 of part I of this Act (relating

7 to the Development Fund for Africa) shall be avail8 able for such fiscal year to carry out this section

9 with respect to countries in Africa.’’.

10 SEC. 3212. TRANS-CAUCASUS ENTERPRISE FUNDS.

11 Chapter 11 of part I of the Foreign Assistance Act

12 of 1961 (22 U.S.C. 2295 et seq.) is amended—

13 (1) by redesignating section 498C as section

14 498D; and

15 (2) by inserting after section 498B the follow16 ing new section:

17 ‘‘SEC. 498C. TRANS-CAUCASUS ENTERPRISE FUNDS.

18 ‘‘(a) AUTHORITY.—The President may provide funds

19 and support in accordance with section 498B(c) to Enter20 prise Funds that are or have been established for the pur21 poses of promoting—

22 ‘‘(1) development of the private sectors of coun23 tries in the Trans-Caucasus region of the former So24 viet Union, including small businesses, the agricul-
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1 tural sector, and joint ventures with United States

2 and host country participants; and

3 ‘‘(2) policies and practices conducive to private

4 sector development in countries in the Trans5 Caucasus region of the former Soviet Union.

6 ‘‘(b) REPORTING REQUIREMENT.—Notwithstanding

7 any other provision of this section, the requirement of sec8 tion 201(p) of the Support for East European Democracy

9 (SEED) Act of 1989 (22 U.S.C. 5421(p)), that an Enter10 prise Fund shall be required to publish an annual report

11 not later than January 31 each year, shall not apply with

12 respect to an Enterprise Fund that receives funds and

13 support under this section for the first twelve months after

14 it is designated as eligible to receive such funds and sup15 port.’’.

16 SEC. 3213. MICRO- AND SMALL ENTERPRISE DEVELOPMENT

17 CREDITS.

18 (a) IN GENERAL.—Section 108 of the Foreign Assist19 ance Act of 1961 (22 U.S.C. 2151f) is amended to read

20 as follows:

21 ‘‘SEC. 108. MICRO- AND SMALL ENTERPRISE DEVELOPMENT

22 CREDITS.

23 ‘‘(a) FINDINGS AND POLICY.—The Congress finds

24 and declares that—
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1 ‘‘(1) the development of micro- and small enter2 prise, including cooperatives, is a vital factor in the

3 stable growth of developing countries and in the de4 velopment and stability of a free, open, and equi5 table international economic system;

6 ‘‘(2) it is, therefore, in the best interests of the

7 United States to assist the development of the pri8 vate sector in developing countries and to engage the

9 United States private sector in that process;

10 ‘‘(3) the support of private enterprise can be

11 served by programs providing credit, training, and

12 technical assistance for the benefit of micro- and

13 small enterprises; and

14 ‘‘(4) programs that provide credit, training, and

15 technical assistance to private institutions can serve

16 as a valuable complement to grant assistance pro17 vided for the purpose of benefiting micro- and small

18 private enterprise.

19 ‘‘(b) PROGRAM.—To carry out the policy set forth in

20 subsection (a), the President is authorized to provide as21 sistance to increase the availability of credit to micro- and

22 small enterprises lacking full access to credit, including

23 through—
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1 ‘‘(1) loans and guarantees to credit institutions

2 for the purpose of expanding the availability of cred3 it to micro- and small enterprises;

4 ‘‘(2) training programs for lenders in order to

5 enable them to better meet the credit needs of

6 micro- and small entrepreneurs; and

7 ‘‘(3) training programs for micro- and small en8 trepreneurs in order to enable them to make better

9 use of credit and to better manage their enter10 prises.’’.

11 (b) AUTHORIZATION OF APPROPRIATIONS.—

12 (1) IN GENERAL.—(A) There is authorized to

13 be appropriated to carry out section 108 of the For14 eign Assistance Act of 1961, in addition to funds

15 otherwise available for such purposes, $2,000,000

16 for each of the fiscal years 1996 and 1997. Funds

17 authorized to be appropriated under this subsection

18 shall be made available for the subsidy cost, as de19 fined in section 502(5) of the Federal Credit Reform

20 Act of 1990, for activities under section 108 of the

21 Foreign Assistance Act of 1961.

22 (B) In addition, there are authorized to be ap23 propriated $500,000 for each of the fiscal years

24 1996 and 1997 for the cost of training programs
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1 and administrative expenses to carry out such sec2 tion.

3 (2) AVAILABILITY OF AMOUNTS.—Amounts au4 thorized to be appropriated under paragraph (1) are

5 authorized to remain available until expended.

6 SEC. 3214. MICROENTERPRISE DEVELOPMENT GRANTS.

7 Chapter 1 of part I of the Foreign Assistance Act

8 of 1961 (22 U.S.C. 2151 et seq.) is amended by adding

9 at the end the following new section:

10 ‘‘SEC. 129. MICROENTERPRISE DEVELOPMENT

11 GRANTS.—(a)(1) In carrying out this part, the adminis12 trator of the agency primarily responsible for administer13 ing this part is authorized to provide grant assistance for

14 programs of credit and other assistance for

15 microenterprises in developing countries.

16 ‘‘(2) Assistance authorized under paragraph (1) shall

17 be provided through the following organizations that have

18 a capacity to develop and implement microenterprise pro19 grams:

20 ‘‘(A) United States and indigenous private and

21 voluntary organizations.

22 ‘‘(B) United States and indigenous credit

23 unions and cooperative organizations.

24 ‘‘(C) Other indigenous governmental and non25 governmental organizations.
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1 ‘‘(3) A significant portion of assistance authorized

2 under paragraph (1) shall be used for poverty lending pro3 grams which—

4 ‘‘(A) meet the needs of the very poor members

5 of society, particularly poor women; and

6 ‘‘(B) provide loans of $300 or less in 1995

7 United States dollars to such poor members of soci8 ety.

9 ‘‘(4) The administrator of the agency primarily re10 sponsible for administering this part shall strengthen ap11 propriate mechanisms, including mechanisms for central

12 microenterprise programs, for the purpose of—

13 ‘‘(A) providing technical support for field mis14 sions;

15 ‘‘(B) strengthening the institutional develop16 ment of the intermediary organizations described in

17 paragraph (2); and

18 ‘‘(C) sharing information relating to the provi19 sion of assistance authorized under paragraph (1)

20 between such field missions and intermediary organi21 zations.

22 ‘‘(b) In order to maximize the sustainable develop23 ment impact of the assistance authorized under subsection

24 (a)(1), the administrator of the agency primarily respon-
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1 sible for administering this part shall establish a monitor2 ing system that—

3 ‘‘(1) establishes performance goals for such as4 sistance and expresses such goals in an objective and

5 quantifiable form, to the extent feasible;

6 ‘‘(2) establishes performance indicators to be

7 used in measuring or assessing the achievement of

8 the goals and objectives of such assistance; and

9 ‘‘(3) provides a basis for recommendations for

10 adjustments to such assistance to enhance the sus11 tainable development impact of such assistance, par12 ticularly the impact of such assistance on the very

13 poor, particularly poor women.’’.

14 CHAPTER 3—DEVELOPMENT ASSISTANCE

15 Subchapter A—Development Assistance

16 Authorities

17 SEC. 3221. AUTHORIZATIONS OF APPROPRIATIONS.

18 (a) IN GENERAL.—There are authorized to be appro19 priated the following amounts for the following purposes

20 (in addition to amounts otherwise available for such pur21 poses):

22 (1) DEVELOPMENT ASSISTANCE FUND.—

23 $858,000,000 for each of the fiscal years 1996 and

24 1997 to carry out sections 103 through 106 of the
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1 Foreign Assistance Act of 1961 (22 U.S.C. 2151a

2 through 2151d).

3 (2) DEVELOPMENT FUND FOR AFRICA.—

4 $529,000,000 for each of the fiscal years 1996 and

5 1997 to carry out chapter 10 of part I of the For6 eign Assistance Act of 1961 (22 U.S.C. 2293 et

7 seq.).

8 (3) ASSISTANCE FOR THE INDEPENDENT

9 STATES OF THE FORMER SOVIET UNION.—

10 $700,000,000 for fiscal year 1996 and

11 $650,000,000 for fiscal year 1997 to carry out chap12 ter 11 of part I of the Foreign Assistance Act of

13 1961 (22 U.S.C. 2295 et seq.).

14 (4) ASSISTANCE FOR EAST EUROPEAN COUN15 TRIES.—$300,000,000 for fiscal year 1996 and

16 $250,000,000 for fiscal year 1997 for economic as17 sistance for Eastern Europe and the Baltic states

18 under the Foreign Assistance Act of 1961 (22

19 U.S.C. 2151 et seq.) and the Support for East Eu20 ropean Democracy (SEED) Act of 1989 (22 U.S.C.

21 5401 et seq.).

22 (5) INTER-AMERICAN FOUNDATION.—

23 $20,000,000 for fiscal year 1996 and $10,000,000

24 for fiscal year 1997 to carry out section 401 of the

25 Foreign Assistance Act of 1969 (22 U.S.C. 290f).
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1 (6) AFRICAN DEVELOPMENT FOUNDATION.—

2 $10,000,000 for fiscal year 1996 and $5,000,000 for

3 fiscal year 1997 to carry out the African Develop4 ment Foundation Act (22 U.S.C. 290h et seq.).

5 (b) AVAILABILITY OF AMOUNTS.—Amounts author6 ized to be appropriated under subsection (a) are author7 ized to remain available until expended.

8 SEC. 3222. ASSISTANCE FOR FAMILY PLANNING.

9 (a) RESTRICTION ON USE OF FUNDS FOR VOL10 UNTARY POPULATION PLANNING.—Section 104(b) of the

11 Foreign Assistance Act of 1961 (22 U.S.C. 2151b(b)) is

12 amended by inserting after the first sentence the following

13 new sentence: ‘‘Such assistance shall be available only for

14 voluntary family planning projects which offer, either di15 rectly or through referral to, or information about access

16 to, a broad range of family planning methods and

17 services.’’

18 (b) PROHIBITION ON USE OF FUNDS FOR VOL19 UNTARY POPULATION PLANNING TO ORGANIZATIONS OR

20 PROGRAMS SUPPORTING OR PARTICIPATING IN THE MAN21 AGEMENT OF ABORTION OR INVOLUNTARY STERILIZA22 TION PROGRAMS.—Section 104(b) of such Act (22 U.S.C.

23 2151b(b)), as amended by subsection (a), is further

24 amended—
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1 (1) in the first sentence, by striking ‘‘In order

2 to’’ and inserting ‘‘(1) In order to’’; and

3 (2) by adding at the end the following new

4 paragraph:

5 ‘‘(2) None of the funds made available to carry out

6 this subsection may be made available to any organization

7 or program which, as determined by the President, sup8 ports or participates in the management of a program or

9 coercive abortion or involuntary sterilization.’’.

10 (c) PROHIBITION ON DISCRIMINATION WITH RE11 SPECT TO GRANTS FOR NATURAL FAMILY PLANNING.—

12 Section 104(b) of such Act (22 U.S.C. 2151b(b)), as

13 amended by subsections (a) and (b), is further amended

14 by adding at the end the following new paragraph:

15 ‘‘(3) In providing grants for natural family planning

16 under this subsection, the administrator of the agency pri17 marily responsible for administering this part shall not

18 discriminate against applicants because of any religious or

19 conscientious commitment by such applicants to offer only

20 natural family planning services.’’.

21 (d) CLARIFICATION WITH RESPECT TO PROHIBITION

22 ON USE OF FUNDS FOR ABORTIONS.—Section 104(f)(1)

23 of such Act (22 U.S.C. 2151b(f)(1)) is amended—

24 (1) by striking ‘‘None of the funds’’ and insert25 ing ‘‘(A) None of the funds’’; and
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1 (2) by adding at the end the following new sub2 paragraph:

3 ‘‘(B) For purposes of this paragraph, the term ‘moti4 vate’ shall not be construed to prohibit the provision, con5 sistent with local law, of information and counseling con6 cerning all pregnancy options, including abortion.’’.

7 SEC. 3223. ASSISTANCE FOR THE INDEPENDENT STATES OF

8 THE FORMER SOVIET UNION.

9 (a) CONDITIONS ON ASSISTANCE .—Section 498A(b)

10 of the Foreign Assistance Act of 1961 (22 U.S.C.

11 2295a(b)) is amended—

12 (1) in paragraph (4), by striking ‘‘or’’ at the

13 end;

14 (2) by redesignating paragraph (5) as para15 graph (8); and

16 (3) by inserting after paragraph (4) the follow17 ing new paragraphs:

18 ‘‘(5) for the government of any independent

19 state that the President determines directs any ac20 tion in violation of the territorial integrity or na21 tional sovereignty of any other new independent

22 state, such as those violations included in Principle

23 Six of the Helsinki Final Act of the Conference on

24 Security and Cooperation in Europe, except that this
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1 paragraph shall not apply to the provision of such

2 assistance for purposes of—

3 ‘‘(A) humanitarian, disaster, and refugee

4 relief; or

5 ‘‘(B) assisting democratic political reform

6 and the creation of private sector nongovern7 mental organizations that are independent of

8 government ownership and control;

9 ‘‘(6) for the purpose of enhancing the military

10 capability of any independent state, except that this

11 paragraph shall not apply to demilitarization, de12 fense conversion or nonproliferation programs, or

13 programs to support troop withdrawal including

14 through the support of an officer resettlement pro15 gram, and technical assistance for the housing sec16 tor;

17 ‘‘(7) for the Government of Russia if the Presi18 dent determines that Government—

19 ‘‘(A) is not making progress in implement20 ing comprehensive economic reforms based on

21 market principles, including fostering private

22 ownership, the repayment of commercial debt,

23 the respect of commercial contracts, the equi24 table treatment of foreign private investment;

25 or
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1 ‘‘(B) applies or transfers assistance pro2 vided under this chapter to any entity for the

3 purpose of expropriating or seizing ownership

4 or control of assets, investments, or ventures;

5 or’’.

6 (b) ASSISTANCE THROUGH THE PRIVATE SECTOR.—

7 Section 498B(a) of such Act (22 U.S.C. 2295b(a)) is

8 amended to read as follows:

9 ‘‘(a) ASSISTANCE THROUGH THE PRIVATE SEC10 TOR.—Assistance under this chapter shall be provided, to

11 the maximum extent feasible, through the private sector,

12 including private and voluntary organizations and other

13 nongovernmental organizations functioning in the inde14 pendent states of the former Soviet Union.’’.

15 (c) WAIVER OF CERTAIN PROVISIONS.—Section

16 498B(j)(1) of such Act (22 U.S.C. 2295b(j)(1)) is amend17 ed in the matter preceding subparagraph (A)—

18 (1) by striking ‘‘for fiscal year 1993 by this

19 chapter’’ and inserting ‘‘to carry out this chapter’’;

20 and

21 (2) by striking ‘‘appropriated for fiscal year

22 1993’’.
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1 SEC. 3224. EFFECTIVENESS OF UNITED STATES DEVELOP2 MENT ASSISTANCE.

3 Chapter 1 of part I of the Foreign Assistance Act

4 of 1961 (22 U.S.C. 2251 et seq.), as amended by section

5 3214, is further amended by adding at the end the follow6 ing new section:

7 ‘‘SEC. 130. EFFECTIVENESS OF UNITED STATES DEVELOP8 MENT ASSISTANCE.

9 ‘‘(a) REPORTS.—Not later than December 31, 1996,

10 and December 31 of each third year thereafter, the Presi11 dent shall transmit to the Congress a report which ana12 lyzes, on a country-by-country basis, the impact and effec13 tiveness of the United States development assistance pro14 vided during the preceding three fiscal years. Each report

15 shall include the following for each recipient country:

16 ‘‘(1) An analysis of the impact of United States

17 development assistance during the preceding three

18 fiscal years on development in that country, with a

19 discussion of the United States interests that were

20 served by the assistance. This analysis shall be done

21 on a sector-by-sector basis to the extent possible and

22 shall identify any economic policy reforms which

23 were promoted by the assistance. This analysis

24 shall—

25 ‘‘(A) include a description, quantified to

26 the extent practicable, of the specific objectives
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1 the United States sought to achieve in provid2 ing development assistance for that country;

3 and

4 ‘‘(B) specify the extent to which those ob5 jectives were not achieved, with an explanation

6 of why they were not achieved.

7 ‘‘(2) A description of the amount and nature of

8 development assistance provided by other donors

9 during the preceding three fiscal years, set forth by

10 development sector to the extent possible.

11 ‘‘(3) A discussion of the commitment of the

12 host government to addressing the country’s needs

13 in each development sector, including a description

14 of the resources devoted by that government to each

15 development sector during the preceding three fiscal

16 years.

17 ‘‘(4) A description of the trends, both favorable

18 and unfavorable, in each development sector.

19 ‘‘(5) Statistical and other information necessary

20 to evaluate the impact and effectiveness of United

21 States development assistance on development in the

22 country.

23 ‘‘(b) LISTING OF MOST AND LEAST SUCCESSFUL AS24 SISTANCE PROGRAMS.—Each report required by this sec25 tion shall identify—
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1 ‘‘(1) those five countries in which United States

2 development assistance has been most successful;

3 and

4 ‘‘(2) those five countries in which United States

5 development assistance has been least successful.

6 For each country listed pursuant to paragraph (2), the

7 report shall explain why the assistance was not more suc8 cessful and shall specify what the United States has done

9 as a result.

10 ‘‘(c) REPORT TO BE A SEPARATE DOCUMENT.—

11 Each report required by this section shall be submitted

12 to the Congress as a separate document.

13 ‘‘(d) DEFINITION.—As used in this section, the terms

14 ‘United States development assistance’ and ‘development

15 assistance’ means assistance under this chapter.’’.

16 Subchapter B—Operating Expenses

17 SEC. 3231. OPERATING EXPENSES GENERALLY.

18 Section 667(a)(1) of the Foreign Assistance Act of

19 1961 (22 U.S.C. 2427(a)(1)) is amended to read as fol20 lows:

21 ‘‘(1) $465,774,000 for fiscal year 1996 and

22 $419,196,000 for fiscal year 1997 for necessary op23 erating expenses of the agency primarily responsible

24 for administering part I of this Act (other than the

25 office of the inspector general of such agency); and’’.
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1 SEC. 3232. OPERATING EXPENSES OF THE OFFICE OF THE

2 INSPECTOR GENERAL.

3 Section 667(a) of the Foreign Assistance Act of 1961

4 (22 U.S.C. 2427(a)), as amended by section 317, is fur5 ther amended—

6 (1) by redesignating paragraph (2) as para7 graph (3);

8 (2) by striking ‘‘and’’ at the end of paragraph

9 (1); and

10 (3) by inserting after paragraph (1) the follow11 ing:

12 ‘‘(2) $35,206,000 for fiscal year 1996 and

13 $31,685,000 for fiscal year 1997 for necessary oper14 ating expenses of the office of the inspector general

15 of such agency; and’’.

16 CHAPTER 4—PUBLIC LAW 480

17 SEC. 3241. AUTHORIZATION OF APPROPRIATIONS.

18 (a) TITLE II.—

19 (1) IN GENERAL.—There is authorized to be

20 appropriated $821,000,000 for each of the fiscal

21 years 1996 and 1997 for the provision of agricul22 tural commodities under title II of the Agricultural

23 Trade Development and Assistance Act of 1954 (7

24 U.S.C. 1721 et seq.).
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1 (2) AVAILABILITY OF AMOUNTS.—Amounts au2 thorized to be appropriated under paragraph (1) are

3 authorized to remain available until expended.

4 (b) TITLE III.—No funds are authorized to be appro5 priated for either of the fiscal years 1996 and 1997 for

6 the provision of agricultural commodities under title III

7 of such Act (7 U.S.C. 1727 et seq.).

8 CHAPTER 5—HOUSING GUARANTEE

9 PROGRAM

10 SEC. 3251. AUTHORIZATION OF APPROPRIATIONS FOR AD11 MINISTRATIVE EXPENSES.

12 (a) IN GENERAL.—There are authorized to be appro13 priated $7,000,000 for fiscal year 1996 and $6,000,000

14 for fiscal year 1997 for administrative expenses to carry

15 out guaranteed loan programs under sections 221 and 222

16 of the Foreign Assistance Act of 1961 (22 U.S.C. 2181

17 and 2182).

18 (b) AVAILABILITY.—Amounts authorized to be appro19 priated under subsection (a) are authorized to remain

20 available until expended.

21 CHAPTER 6—PEACE CORPS

22 SEC. 3261. PEACE CORPS.

23 Section 3(b) of the Peace Corps Act (22 U.S.C.

24 2502(b)) is amended to read as follows:
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1 ‘‘(b) There are authorized to be appropriated to carry

2 out the purposes of this Act $219,745,000 for each of the

3 fiscal years 1996 and 1997.’’.

4 SEC. 3262. ACTIVITIES OF THE PEACE CORPS IN THE

5 FORMER SOVIET UNION.

6 (a) IN GENERAL.—Of the amounts made available

7 for fiscal years 1996 and 1997 to carry out chapter 11

8 of part I of the Foreign Assistance Act of 1961 (22 U.S.C.

9 2295 et seq.; relating to assistance for the independent

10 states of the former Soviet Union), not more than

11 $11,600,000 for each such fiscal year shall be available

12 for activities of the Peace Corps in the independent states

13 of the former Soviet Union.

14 (b) AVAILABILITY.—Amounts made available under

15 subsection (a)—

16 (1) with respect to fiscal year 1996 are author17 ized to remain available until September 30, 1997;

18 and

19 (2) with respect to fiscal year 1997 are author20 ized to remain available until September 30, 1998.

21 SEC. 3263. PROHIBITION ON USE OF FUNDS FOR ABOR22 TIONS.

23 Section 15 of the Peace Corps Act (22 U.S.C. 2514)

24 is amended by adding at the end the following new sub25 section:
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1 ‘‘(e) Funds made available for the purposes of this

2 Act may not be used to pay for abortions.’’.

3 CHAPTER 7—INTERNATIONAL DISASTER

4 ASSISTANCE

5 SEC. 3271. AUTHORITY TO PROVIDE RECONSTRUCTION AS6 SISTANCE.

7 Section 491 of the Foreign Assistance Act of 1961

8 (22 U.S.C. 2292) is amended—

9 (1) in subsection (b), by striking ‘‘and rehabili10 tation’’ and inserting ‘‘, rehabilitation, and recon11 struction’’; and

12 (2) in subsection (c), by striking ‘‘and rehabili13 tation’’ and inserting ‘‘, rehabilitation, and recon14 struction’’.

15 SEC. 3272. AUTHORIZATIONS OF APPROPRIATIONS.

16 Section 492(a) of such Act (22 U.S.C. 2292a(a)) is

17 amended to read as follows:

18 ‘‘(a) There are authorized to be appropriated to the

19 President to carry out section 491, in addition to funds

20 otherwise available for such purposes, $200,000,000 for

21 each of the fiscal years 1996 and 1997.’’.
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1 CHAPTER 8—OTHER PROVISIONS

2 SEC. 3281. EXEMPTION FROM RESTRICTIONS ON ASSIST3 ANCE THROUGH NONGOVERNMENTAL ORGA4 NIZATIONS.

5 Section 123(e) of the Foreign Assistance Act of 1961

6 (22 U.S.C. 2151u(e)) is amended to read as follows:

7 ‘‘(e)(1) Subject to paragraph (3), restrictions con8 tained in this Act or any other provision of law with re9 spect to assistance for a country shall not be construed

10 to restrict assistance under this chapter or chapter 10 of

11 this part in support of programs of nongovernmental orga12 nizations.

13 ‘‘(2) The President shall take into consideration, in

14 any case in which a restriction on assistance for a country

15 would be applicable but for this subsection, whether assist16 ance for programs of nongovernmental organizations is in

17 the national interest of the United States.

18 ‘‘(3) Whenever the authority of this subsection is

19 used to furnish assistance for a program of a nongovern20 mental organization, the President shall notify the con21 gressional committees specified in section 634A(a) of this

22 Act in accordance with procedures applicable to

23 reprogramming notifications under that section. Such no24 tification shall describe the program assisted, the assist-
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1 ance provided, and the reasons for furnishing such assist2 ance.’’.

3 SEC. 3282. FUNDING REQUIREMENTS RELATING TO UNITED

4 STATES PRIVATE AND VOLUNTARY ORGANI5 ZATIONS.

6 (a) IN GENERAL.—Section 123(g) of the Foreign As7 sistance Act of 1961 (22 U.S.C. 2151u(g)) is amended

8 to read as follows:

9 ‘‘(g) Funds made available to carry out this chapter

10 and chapter 10 of this part may not be made available

11 to any United States private and voluntary organization,

12 except any cooperative development organization, that ob13 tains less than 20 percent of its total annual financial sup14 port for its international activities from sources other than

15 the United States Government.’’.

16 (b) EFFECTIVE DATE.—The amendment made by

17 subsection (a) apply with respect to funds made available

18 for programs of any United States private and voluntary

19 organization on or after the date of the enactment of this

20 Act.

21 SEC. 3283. DOCUMENTATION REQUESTED OF PRIVATE AND

22 VOLUNTARY ORGANIZATIONS.

23 Section 620 of the Foreign Assistance Act of 1961

24 (22 U.S.C. 2370) is amended by inserting after subsection

25 (u) the following new subsection:
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1 ‘‘(v) None of the funds made available to carry out

2 this Act shall be available to any private and voluntary

3 organization which—

4 ‘‘(1) fails to provide upon timely request any

5 document, file, or record necessary to the auditing

6 requirements of the agency primarily responsible for

7 administering part I of this Act; or

8 ‘‘(2) is not registered with the agency primarily

9 responsible for administering part I of this Act.’’.

10 SEC. 3284. FOREIGN GOVERNMENT PARKING FINES.

11 (a) IN GENERAL.—Chapter 1 of part III of the For12 eign Assistance Act of 1961 (22 U.S.C. 2351 et seq.), as

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

14 end the following new section:

15 ‘‘SEC. 620H. FOREIGN GOVERNMENT PARKING FINES.

16 ‘‘(a) IN GENERAL.—An amount equivalent to 110

17 percent of the total unpaid fully adjudicated parking fines

18 and penalties owed to the District of Columbia, Virginia,

19 Maryland, and New York by the government of a foreign

20 country as of the end of a fiscal year, as certified to the

21 President by the chief executive officer of each State or

22 District, shall be withheld from obligation for such country

23 out of funds available in the next fiscal year to carry out

24 part I of this Act, until the requirement of subsection (b)

25 is satisfied.
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1 ‘‘(b) REQUIREMENT.—The requirement of this sub2 section is satisfied when the Secretary of State determines

3 and certifies to the appropriate congressional committees

4 that such fines and penalties are fully paid to the govern5 ments of the District of Columbia, Virginia, Maryland,

6 and New York.

7 ‘‘(c) APPROPRIATE CONGRESSIONAL COMMITTEES

8 DEFINED.—For purposes of this section, the term ‘appro9 priate congressional committees’ means the Committee on

10 International Relations and the Committee on Appropria11 tions of the House of Representatives and the Committee

12 on Foreign Relations and the Committee on Appropria13 tions of the Senate.’’.

14 (b) EFFECTIVE DATE.—The amendment made by

15 subsection (a) shall apply with respect to fines certified

16 as of the end of fiscal year 1995 or any fiscal year there17 after.

18 TITLE XXXIII—REGIONAL

19 PROVISIONS

20 SEC. 3301. PROHIBITION ON ASSISTANCE TO FOREIGN GOV21 ERNMENTS PROVIDING ASSISTANCE TO

22 CUBA.

23 (a) IN GENERAL.—Section 620 of the Foreign Assist24 ance Act of 1961 (22 U.S.C. 2370) is amended by insert-
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1 ing after subsection (v) (as added by section 3283) the

2 following new subsection:

3 ‘‘(w)(1) No assistance may be provided under this

4 Act (other than humanitarian assistance and assistance

5 for refugees) for a fiscal year to any foreign government

6 that the President determines has provided economic as7 sistance to or engaged in nonmarket-based trade with the

8 Government of Cuba or any entity controlled by such Gov9 ernment in the preceding fiscal year.

10 ‘‘(2) The President may waive the requirements of

11 paragraph (1) if—

12 ‘‘(A) the President certifies to the congressional

13 committees specified in section 634A of this Act (in

14 accordance with procedures applicable to

15 reprogramming of funds under that section) that the

16 provision of such assistance is vital to the national

17 security of the United States; or

18 ‘‘(B) the President determines and reports to

19 the Congress that the Government of Cuba has met

20 the requirements contained in section 1708 of the

21 Cuban Democracy Act of 1992 (22 U.S.C. 6001 et

22 seq.).

23 ‘‘(3) Not later than February 1st each year, the

24 President shall prepare and transmit to the appropriate

25 congressional committees a report containing a list of all
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1 foreign governments that the President has determined

2 have provided economic assistance to or engaged in

3 nonmarket-based trade with the Government of Cuba in

4 the preceding fiscal year.

5 ‘‘(4) For purposes of this subsection—

6 ‘‘(A) the term ‘appropriate congressional com7 mittees’ means the Committee on International Re8 lations and the Committee on Appropriations of the

9 House of Representatives and the Committee on

10 Foreign Relations and the Committee on Appropria11 tions of the Senate;

12 ‘‘(B) the term ‘humanitarian assistance’ means

13 food (including the monetization of food), clothing,

14 medicine, and medical supplies; and

15 ‘‘(C) the term ‘nonmarket-based trade’ includes

16 exports, imports, exchanges, or other trade arrange17 ments under which goods or services are provided on

18 terms more favorable than those generally available

19 in applicable markets or for comparable commod20 ities, including—

21 ‘‘(i) exports to the Government of Cuba on

22 terms that involve a grant, concessional price,

23 guaranty, insurance, or subsidy;

24 ‘‘(ii) imports from the Government of Cuba

25 at preferential tariff rates; and
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1 ‘‘(iii) exchange arrangements that include

2 advance delivery of commodities, arrangements

3 in which the Government of Cuba is not held

4 accountable for unfulfilled exchange contracts,

5 and arrangements under which such Govern6 ment does not pay appropriate transportation,

7 insurance, or finance costs.’’.

8 (b) EFFECTIVE DATE.—

9 (1) IN GENERAL.—Except as provided in para10 graph (2), the prohibition on assistance to a foreign

11 government contained in section 620(w) of the For12 eign Assistance Act of 1961, as added by subsection

13 (a), shall apply only with respect to assistance pro14 vided in fiscal years beginning on or after the date

15 of the enactment of this Act.

16 (2) EXCEPTION.—In the case of the fiscal year

17 in which this Act is enacted, such prohibition shall

18 apply with respect to the obligation or expenditure

19 of assistance on or after the date of the enactment

20 of this Act.

21 SEC. 3302. ASSISTANCE FOR NICARAGUA.

22 (a) RESTRICTIONS.—Amounts made available for fis23 cal years 1996 and 1997 for assistance under chapter 1

24 of part I of the Foreign Assistance Act of 1961 (22 U.S.C.

25 2151 et seq.; relating to development assistance) or chap-
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1 ter 4 of part II of such Act (22 U.S.C. 2346 et seq.; relat2 ing to the economic support fund), including any unobli3 gated balances of prior appropriations, may only be made

4 available to the Government of Nicaragua if the Secretary

5 of State, in consultation with the Secretary of Defense and

6 the Director of the Central Intelligence, determines and

7 certifies to the appropriate congressional committees

8 that—

9 (1) a full and independent investigation has

10 been completed of the weapons caches discovered

11 after the May 23, 1993, Santa Rosa arms cache ex12 plosion, including an investigation of passports, iden13 tity papers, and other documents found at weapons

14 sites indicating the existence of a terrorist or kid15 napping ring and that the terrorist network was not

16 involved with the February 1993 World Trade Cen17 ter bombing;

18 (2) all individuals, including government offi19 cials and members of the armed forces or security

20 forces of Nicaragua, identified by the President as

21 part of a terrorist or kidnapping ring, have been

22 prosecuted;

23 (3) Nicaragua has met the requirements set

24 forth in section 527 of the Foreign Relations Au-
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1 thorization Act, Fiscal Years 1994 and 1995 (relat2 ing to expropriation of United States property);

3 (4) the timely implementation of all rec4 ommendations made by the Tripartite Commission

5 with respect to individuals responsible for assassina6 tions has been made, including the immediate sus7 pension of all individuals from the Sandinista Army

8 and security forces who were named in such rec9 ommendations, and the expeditious prosecution of

10 such individuals;

11 (5) all individuals implicated in the murders of

12 Jean Paul Genie, Arges Sequeira, and Enrique

13 Bermu ́dez have been removed from the military and

14 security forces of Nicaragua, and judicial proceed15 ings against these individuals have been completed;

16 (6) specific changes have been implemented

17 which have resulted in verifiable civilian control over

18 the Sandinista military, security forces, and police;

19 and

20 (7) there have been genuine, effective, and con21 crete reforms in the Nicaraguan judicial system.

22 (b) CONTENTS OF CERTIFICATION.—

23 (1) IN GENERAL.—A certification made pursu24 ant to subsection (a) shall include a detailed ac25 counting of all evidence in support of the determina-
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1 tions listed in paragraphs (1) through (7) of such

2 subsection.

3 (2) FORM.—A certification made pursuant to

4 subsection (a) shall be submitted in unclassified

5 form, and, to the extent necessary, classified form.

6 (c) APPROPRIATE CONGRESSIONAL COMMITTEES DE7 FINED.—For purposes of this section, the term ‘‘appro8 priate congressional committees’’ means the Committee on

9 International Relations and the Committee on Appropria10 tions of the House of Representatives and the Committee

11 on Foreign Relations and the Committee on Appropria12 tions of the Senate.

13 SEC. 3303. ELIGIBILITY OF PANAMA UNDER ARMS EXPORT

14 CONTROL ACT.

15 The Government of the Republic of Panama shall be

16 eligible to purchase defense articles and defense services

17 under the Arms Export Control Act (22 U.S.C. 2751 et

18 seq.), except as otherwise specifically provided by law.

19 SEC. 3304. FUTURE OF THE UNITED STATES MILITARY

20 PRESENCE IN PANAMA.

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

22 findings:

23 (1) The Panama Canal is a vital strategic asset

24 to the United States, its allies, and the world.
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1 (2) The Treaty on the Permanent Neutrality

2 and Operation of the Panama Canal signed on Sep3 tember 7, 1977, provides that Panama and the

4 United States have the responsibility to assure that

5 the Panama Canal will remain open and secure.

6 (3) Such Treaty also provides that each of the

7 two countries shall, in accordance with their respec8 tive constitutional processes, defend the Canal

9 against any threat to the regime of neutrality, and

10 consequently shall have the right to act against any

11 aggression or threat directed against the Canal or

12 against the peaceful transit of vessels through the

13 Canal.

14 (4) The United States instrument of ratifica15 tion of such Treaty includes specific language that

16 the two countries should consider negotiating future

17 arrangements or agreements to maintain military

18 forces necessary to fulfill the responsibility of the

19 two countries of maintaining the neutrality of the

20 Canal after 1999.

21 (5) The Government of Panama, in the bilateral

22 Protocol of Exchange of instruments of ratification,

23 expressly ‘‘agreed upon’’ such arrangements or

24 agreements.
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1 (6) The United States Navy depends upon the

2 Panama Canal for rapid transit in times of emer3 gency, as demonstrated during World War II, the

4 Korean War, the Vietnam conflict, the Cuban Mis5 sile Crisis, and the Persian Gulf conflict.

6 (7) Drug trafficking and money laundering

7 have proliferated in the Western Hemisphere since

8 the Treaty on the Permanent Neutrality and Oper9 ation of the Panama Canal was signed on September

10 7, 1977, and such trafficking and laundering poses

11 a grave threat to peace and security in the region.

12 (8) Certain facilities now utilized by the United

13 States Armed Forces in Panama are critical to com14 bat the trade in illegal drugs.

15 (9) The United States and Panama share com16 mon policy goals such as strengthening democracy,

17 expanding economic trade, and combating illegal

18 narcotics throughout Latin America.

19 (10) The Government of Panama has dissolved

20 its military forces and has maintained only a civilian

21 police organization to defend the Panama Canal

22 against aggression.

23 (11) Certain public opinion polls in Panama

24 suggest that many Panamanians desire a continued

25 United States military presence in Panama.
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1 (b) SENSE OF THE CONGRESS.—It is the sense of

2 the Congress that—

3 (1) the President should negotiate a new base

4 rights agreement with the Government of Panama—

5 (A) to allow the stationing of United

6 States Armed Forces in Panama beyond De7 cember 31, 1999; and

8 (B) to ensure that the United States will

9 be able to act appropriately, consistent with the

10 Panama Canal Treaty, the Treaty Concerning

11 the Permanent Neutrality and Operation of the

12 Panama Canal, and the resolutions of ratifica13 tion thereto, for the purpose of assuring that

14 the Panama Canal shall remain open, neutral,

15 secure, and accessible; and

16 (2) the President should consult with the Con17 gress throughout the negotiations described in para18 graph (1).

19 SEC. 3305. PEACE AND STABILITY IN THE SOUTH CHINA

20 SEA.

21 (a) FINDINGS.—The Congress finds the following:

22 (1) The South China Sea is a critically impor23 tant waterway through which 25 percent of the

24 world’s ocean freight and 70 percent of Japan’s en25 ergy supplies transit.
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1 (2) The South China Sea serves as a crucial sea

2 lane for United States Navy ships moving between

3 the Pacific and Indian Oceans, particularly in time

4 of emergency.

5 (3) There are a number of competing claims to

6 territory in the South China Sea.

7 (4) The 1992 Manila Declaration adhered to by

8 the Association of South East Asian Nations, the

9 Socialist Republic of Vietnam, and the People’s Re10 public of China calls for all claimants to territory in

11 the South China Sea to resolve questions of bound12 aries through peaceful negotiations.

13 (5) The legislature of the People’s Republic of

14 China has declared the entire South China Sea to be

15 Chinese territorial waters.

16 (6) The armed forces of the People’s Republic

17 of China have asserted China’s claim to the South

18 China Sea through the kidnapping of citizens of the

19 Republic of the Philippines and the construction of

20 military bases on territory claimed by the Phil21 ippines.

22 (7) These acts of aggression committed by the

23 armed forces of the People’s Republic of China

24 against citizens of the Philippines are contrary to
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1 both international law and to peace and stability in

2 East Asia.

3 (b) POLICY DECLARATIONS.—The Congress—

4 (1) declares the right of free passage through

5 the South China Sea to be vital to the national secu6 rity interests of the United States, its friends, and

7 allies;

8 (2) declares that any attempt by a

9 nondemocratic power to assert, through the use of

10 force or intimidation, its claims to territory in the

11 South China Sea to be a matter of grave concern to

12 the United States;

13 (3) calls upon the Government of the People’s

14 Republic of China to adhere faithfully to its commit15 ment under the Manila Declaration of 1992; and

16 (4) calls upon the President to review the de17 fense needs of democratic countries with claims to

18 territory in the South China Sea.

19 SEC. 3306. ASSISTANCE FOR ZAIRE.

20 (a) SECURITY ASSISTANCE.—Assistance may not be

21 provided for the Government of Zaire for each of the fiscal

22 years 1996 and 1997—

23 (1) under chapter 4 of part II of the Foreign

24 Assistance Act of 1961 (22 U.S.C. 2346 et seq.; re25 lating to the economic support fund);
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1 (2) under chapter 5 of part II of that Act (22

2 U.S.C. 2347 et seq.; relating to international mili3 tary education and training); or

4 (3) from the ‘‘Foreign Military Financing Pro5 gram’’ account under section 23 of the Arms Export

6 Control Act (22 U.S.C. 2763).

7 (b) DEVELOPMENT ASSISTANCE.—Assistance under

8 chapter 1 of part I of the Foreign Assistance Act of 1961

9 (22 U.S.C. 2151 et seq.; relating to development assist10 ance) or chapter 10 of such part (22 U.S.C. 2293 et seq.;

11 relating to the Development Fund for Africa) for each of

12 the fiscal years 1996 and 1997 shall not be provided to

13 the Government of Zaire.

14 TITLE XXXIV—SPECIAL AU15 THORITIES AND OTHER PRO16 VISIONS

17 CHAPTER 1—SPECIAL AUTHORITIES

18 SEC. 3401. ENHANCED TRANSFER AUTHORITY.

19 Section 610 of the Foreign Assistance Act of 1961

20 (22 U.S.C. 2360) is amended to read as follows:

21 ‘‘SEC. 610. TRANSFER BETWEEN ACCOUNTS.

22 ‘‘(a) GENERAL AUTHORITY.—Whenever the Presi23 dent determines it to be necessary for the purposes of this

24 Act or the Arms Export Control Act (22 U.S.C. 2751 et

25 seq.), not to exceed 20 percent of the funds made available
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1 to carry out any provision of this Act (except funds made

2 available pursuant to title IV of chapter 2 of part I) or

3 section 23 of the Arms Export Control Act (22 U.S.C.

4 2763)—

5 ‘‘(1) may be transferred to, and consolidated

6 with, the funds in any other account or fund avail7 able to carry out any provision of this Act; and

8 ‘‘(2) may be used for any purpose for which

9 funds in that account or fund may be used.

10 ‘‘(b) LIMITATION ON AMOUNT OF INCREASE.—The

11 total amount in the account or fund for the benefit of

12 which transfer is made under subsection (a) during any

13 fiscal year may not be increased by more than 20 percent

14 of the amount of funds otherwise made available.

15 ‘‘(c) NOTIFICATION.—The President shall notify in

16 writing the congressional committees specified in section

17 634A at least fifteen days in advance of each such transfer

18 between accounts in accordance with procedures applicable

19 to reprogramming notifications under such section.’’.

20 SEC. 3402. AUTHORITY TO MEET UNANTICIPATED CONTIN21 GENCIES.

22 (a) IN GENERAL.—Chapter 1 of part III of the For23 eign Assistance Act of 1961 is amended by inserting after

24 section 610 (22 U.S.C. 2360) the following new section:
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1 ‘‘SEC. 610A. AUTHORITY TO MEET UNANTICIPATED CONTIN2 GENCIES.

3 ‘‘(a) AUTHORITY.—

4 ‘‘(1) IN GENERAL.—In order to provide for any

5 unanticipated contingency in the programs, projects,

6 or activities for which assistance is provided under

7 this Act, the President is authorized to use funds

8 made available to carry out any provision of this Act

9 for the purpose of providing assistance authorized by

10 any other provision of this Act in accordance with

11 the provisions applicable to the furnishing of such

12 assistance.

13 ‘‘(2) LIMITATION.—The authority of paragraph

14 (1) may not be used to authorize the use of more

15 than $40,000,000 in any fiscal year.

16 ‘‘(b) SUPERSEDES OTHER LAWS.—Funds authorized

17 to be appropriated under this section are authorized to

18 be made available notwithstanding any other provision of

19 law.

20 ‘‘(c) NOTIFICATION OF CONGRESS.—

21 ‘‘(1) NOTIFICATION.—Except as provided in

22 paragraph (2), the President shall notify the con23 gressional committees specified in section 634A(a) at

24 least 15 days before obligating any funds under this

25 section in accordance with the procedures applicable
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1 to reprogramming notifications under section

2 634A(a).

3 ‘‘(2) EXCEPTION.—The President may waive

4 the requirement contained in paragraph (1) if the

5 President determines that complying with such re6 quirement would pose a substantial risk to human

7 health or welfare. If the President exercises the

8 waiver under the preceding sentence, the President

9 shall notify the congressional committees specified in

10 section 634A(a) as early as practicable, but in no

11 event later than 3 days after the date on which the

12 President took the action to which such notification

13 requirement was applicable.’’.

14 (b) REPEAL.—Chapter 5 of part I of the Foreign As15 sistance Act of 1961 (22 U.S.C. 2261; relating to contin16 gencies) is hereby repealed.

17 SEC. 3403. SPECIAL WAIVER AUTHORITY.

18 Section 614 of the Foreign Assistance Act of 1961

19 (22 U.S.C. 2364) is amended to read as follows:

20 ‘‘SEC. 614. SPECIAL WAIVER AUTHORITY.

21 ‘‘(a) AUTHORITY.—The President may provide as22 sistance and make loans under the provisions of law de23 scribed in subsection (b), notwithstanding any other provi24 sion of law, if the President determines that to do so is

25 vital to the national interests of the United States.
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1 ‘‘(b) LAWS WHICH MAY BE WAIVED.—The provi2 sions of law described in this subsection are—

3 ‘‘(1) this Act;

4 ‘‘(2) the Arms Export Control Act (22 U.S.C.

5 2751 et seq.);

6 ‘‘(3) any provision of law authorizing the provi7 sion of assistance to foreign countries or making ap8 propriations for such assistance;

9 ‘‘(4) any other provision of law that restricts

10 the authority to provide assistance or make loans

11 under a provision of law described in paragraph (1),

12 (2), or (3).

13 ‘‘(c) CONSULTATION WITH CONGRESS.—Before exer14 cising the authority under subsection (a), the President

15 shall consult with, and shall provide a written policy jus16 tification to the Committee on International Relations and

17 the Committee on Appropriations of the House of Rep18 resentatives and the Committee on Foreign Relations and

19 the Committee on Appropriations of the Senate.

20 ‘‘(d) NOTIFICATION TO CONGRESS.—A determination

21 under subsection (a) shall be effective only if the President

22 notifies the congressional committees specified in sub23 section (c) in writing of that determination.

24 ‘‘(e) ANNUAL CEILINGS.—
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1 ‘‘(1) IN GENERAL.—The authority of this sec2 tion may not be used in any fiscal year to author3 ize—

4 ‘‘(A) more than $750,000,000 in sales or

5 leases to be made under the Arms Export Con6 trol Act (22 U.S.C. 2751 et seq.);

7 ‘‘(B) the use of more than $250,000,000

8 of funds made available under this Act or the

9 Arms Export Control Act; or

10 ‘‘(C) the use of more than $100,000,000 of

11 foreign currencies accruing under this Act or

12 any other provision of law.

13 ‘‘(2) SALES UNDER THE ARMS EXPORT CON14 TROL ACT.—If the authority of this section is used

15 both to authorize a sale or lease under the Arms Ex16 port Control Act and to authorize funds to be used

17 under this Act with respect to the financing of that

18 sale or lease, then the use of the funds shall be

19 counted against the limitation in paragraph (1)(B)

20 and the portion, if any, of the sale or lease which

21 is not so financed shall be counted against the limi22 tation in paragraph (1)(A).

23 ‘‘(3) LEASES.—For purposes of paragraph

24 (1)(A) the replacement cost, less any depreciation in

25 the value, of the defense articles authorized to be
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1 leased shall be counted against the limitation in that

2 paragraph.

3 ‘‘(4) COUNTRY LIMITS.—(A) Not more than

4 $75,000,000 of the $250,000,000 limitation pro5 vided in paragraph (1)(B) may be allocated to any

6 one country in any fiscal year unless that country is

7 a victim of active aggression.

8 ‘‘(B) Not more than $500,000,000 of the ag9 gregate limitation of $1,000,000,000 provided in

10 paragraph (1)(A) and (1)(B) may be allocated to

11 any one country in any fiscal year.’’.

12 SEC. 3404. TERMINATION OF ASSISTANCE.

13 Section 617 of the Foreign Assistance Act of 1961

14 (22 U.S.C. 2364) is amended to read as follows:

15 ‘‘SEC. 617. TERMINATION OF ASSISTANCE.

16 ‘‘(a) IN GENERAL.—(1) In order to ensure the effec17 tiveness of assistance provided under this Act, funds made

18 available under this Act to carry out any program, project,

19 or activity of assistance shall remain available for obliga20 tion for a period not to exceed 8 months after the date

21 of termination of such assistance for the necessary ex22 penses of winding up such programs, projects, or activities

23 and, notwithstanding any other provision of law, funds so

24 obligated may remain available until expended.
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1 ‘‘(2) Funds obligated to carry out any program,

2 project, or activity of assistance before the effective date

3 of the termination of such assistance are authorized to be

4 available for expenditure for the necessary expenses of

5 winding up such programs, projects, and activities, not6 withstanding any provision of law restricting the expendi7 ture of funds, and may be reobligated to meet any other

8 necessary expenses arising from the termination of such

9 assistance.

10 ‘‘(3) The necessary expenses of winding up programs,

11 projects, and activities of assistance include the obligation

12 and expenditure of funds to complete the training or stud13 ies outside their countries of origin of students whose

14 course of study or training program began before assist15 ance was terminated.

16 ‘‘(b) LIABILITY TO CONTRACTORS.—For the purpose

17 of making an equitable settlement of termination claims

18 under extraordinary contractual relief standards, the

19 President is authorized to adopt as a contract or other

20 obligation of the United States Government, and assume

21 (in whole or in part) any liabilities arising thereunder, any

22 contract with a United States or third-country contractor

23 to carry out any program, project, or activity of assistance

24 under this Act that was subsequently terminated pursuant

25 to law.
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1 ‘‘(c) GUARANTEE PROGRAMS.—Provisions of this or

2 any other Act requiring the termination of assistance

3 under this Act shall not be construed to require the termi4 nation of guarantee commitments that were entered into

5 before the effective date of the termination of assistance.’’.

6 CHAPTER 2—OTHER PROVISIONS

7 SEC. 3411. CONGRESSIONAL PRESENTATION DOCUMENTS.

8 Section 634 of the Foreign Assistance Act of 1961

9 (22 U.S.C. 2394) is amended to read as follows:

10 ‘‘SEC. 634. CONGRESSIONAL PRESENTATION DOCUMENTS.

11 ‘‘(a) REQUIREMENT FOR SUBMISSION.—As part of

12 the annual requests for enactment of authorizations and

13 appropriations for foreign assistance programs for each

14 fiscal year, the President shall prepare and transmit to

15 the Congress annual congressional presentation docu16 ments for the programs authorized under this Act and the

17 Arms Export Control Act (22 U.S.C. 2751 et seq.).

18 ‘‘(b) MATERIALS TO BE INCLUDED.—The documents

19 submitted pursuant to subsection (a) shall include—

20 ‘‘(1) the rationale for the allocation of assist21 ance or contributions to each country, regional, or

22 centrally funded program, or organization, as the

23 case may be;
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1 ‘‘(2) a description of how each such program or

2 contribution supports the objectives of this Act or

3 the Arms Export Control Act, as the case may be;

4 ‘‘(3) a description of planned country, regional,

5 or centrally funded programs or contributions to

6 international organizations and programs for the

7 coming fiscal year; and

8 ‘‘(4) for each country for which assistance is re9 quested under this Act or the Arms Export Control

10 Act—

11 ‘‘(A) the total number of years since 1946

12 that the United States has provided assistance;

13 ‘‘(B) the total amount of bilateral assist14 ance provided by the United States since 1946,

15 including the principal amount of all loans,

16 credits, and guarantees; and

17 ‘‘(C) the total amount of assistance pro18 vided to such country from all multilateral or19 ganizations to which the United States is a

20 member, including all international financial in21 stitutions, the United Nations, and other inter22 national organizations.

23 ‘‘(c) GRADUATION FROM DEVELOPMENT ASSIST24 ANCE.—
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1 ‘‘(1) DETERMINATION.—As part of the congres2 sional presentation documents transmitted to the

3 Congress under this section, the Secretary of State

4 shall make a separate determination for each coun5 try identified in such documents for which bilateral

6 development assistance is requested, estimating the

7 year in which each such country will no longer be re8 ceiving bilateral development assistance.

9 ‘‘(2) DEVELOPMENT ASSISTANCE DEFINED.—

10 For purposes of this section, the term ‘development

11 assistance’ means assistance under—

12 ‘‘(A) chapter 1 of part I of this Act;

13 ‘‘(B) chapter 10 of part I of this Act;

14 ‘‘(C) chapter 11 of part I of this Act; and

15 ‘‘(D) the Support for East European De16 mocracy (SEED) Act of 1989 (22 U.S.C. 5401

17 et seq.).’’.

18 SEC. 3412. PROHIBITION ON ASSISTANCE TO FOREIGN GOV19 ERNMENTS ENGAGED IN ESPIONAGE

20 AGAINST THE UNITED STATES.

21 Chapter 1 of part III of the Foreign Assistance Act

22 of 1961 (22 U.S.C. 2370 et seq.), as amended by this Act,

23 is further amended by adding at the end the following new

24 section:
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1 ‘‘SEC. 620I. PROHIBITION ON ASSISTANCE TO FOREIGN

2 GOVERNMENTS ENGAGED IN ESPIONAGE

3 AGAINST THE UNITED STATES.

4 ‘‘(a) PROHIBITION.—None of the funds made avail5 able to carry out this Act or the Arms Export Control

6 Act (22 U.S.C. 2751 et seq.) (other than humanitarian

7 assistance or assistance for refugees) may be provided to

8 any foreign government which the President determines

9 is engaged in intelligence activities within the United

10 States harmful to the national security of the United

11 States.

12 ‘‘(b) PERIODIC REPORTS.—Beginning one year after

13 the date of enactment of this section, and annually there14 after, the President shall prepare and transmit to the

15 Committee on Foreign Relations and the Select Commit16 tee on Intelligence of the Senate and the Committee on

17 International Relations and the Permanent Select Com18 mittee on Intelligence of the House of Representatives a

19 report, in classified and unclassified forms, listing all for20 eign governments which the President determines are con21 ducting intelligence activities within the United States

22 harmful to the national security of the United States.

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

24 ‘humanitarian assistance’ means food (including the

25 monetization of food), clothing, medicine, and medical

26 supplies.’’.
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1 SEC. 3413. DEBT RESTRUCTURING FOR FOREIGN ASSIST2 ANCE.

3 Chapter 1 of part III of the Foreign Assistance Act

4 of 1961 (22 U.S.C. 2370 et seq.), as amended by this Act,

5 is further amended by adding at the end the following new

6 section:

7 ‘‘SEC. 620J. SPECIAL DEBT RELIEF FOR POOR COUNTRIES.

8 ‘‘(a) AUTHORITY TO REDUCE DEBT.—The President

9 may reduce amounts owed to the United States Govern10 ment by a country described in subsection (b) as a result

11 of—

12 ‘‘(1) loans or guarantees issued under this Act;

13 or

14 ‘‘(2) credits extended or guarantees issued

15 under the Arms Export Control Act (22 U.S.C.

16 2751 et seq.).

17 ‘‘(b) COUNTRY DESCRIBED.—A country described in

18 this subsection is a country—

19 ‘‘(1) with a heavy debt burden that is eligible

20 to borrow from the International Development Asso21 ciation but not from the International Bank for Re22 construction and Development (commonly referred

23 to as an ‘IDA-only’ country); and

24 ‘‘(2) the government of which—

25 ‘‘(A) does not have an excessive level of

26 military expenditures;
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1 ‘‘(B) has not repeatedly provided support

2 for acts of international terrorism;

3 ‘‘(C) is cooperating with the United States

4 on international narcotics control matters;

5 ‘‘(4) (including the military or other security

6 forces of such government) does not engage in a

7 consistent pattern of gross violations of internation8 ally recognized human rights; and

9 ‘‘(5) is not prohibited from receiving assistance

10 described in section 527(a) of the Foreign Relations

11 Authorization Act, Fiscal Years 1994 and 1995 by

12 reason of such section.

13 ‘‘(c) LIMITATIONS.—The authority under subsection

14 (a) may be exercised—

15 ‘‘(1) only to implement multilateral official debt

16 relief ad referendum agreements (commonly referred

17 to as ‘Paris Club Agreed Minutes’); and

18 ‘‘(2) only to the extent that appropriations for

19 the cost of the modification, as defined in section

20 502 of the Congressional Budget Act of 1974, are

21 made in advance.

22 ‘‘(d) CERTAIN PROHIBITIONS INAPPLICABLE.—A re23 duction of debt pursuant to the exercise of authority under

24 subsection (a)—
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1 ‘‘(1) shall not be considered assistance for pur2 poses of any provision of law limiting assistance to

3 a country; and

4 ‘‘(2) may be exercised notwithstanding section

5 620(r) of this Act or any comparable provision of

6 law.

7 ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—

8 ‘‘(1) IN GENERAL.—There are authorized to be

9 appropriated to the President for the purpose of car10 rying out this section $7,000,000 for each of the fis11 cal years 1996 and 1997.

12 ‘‘(2) AVAILABILITY.—Amounts authorized to be

13 appropriated under paragraph (1) are authorized to

14 remain available until expended.’’.

15 SEC. 3414. DEBT BUYBACKS OR SALES FOR DEBT SWAPS.

16 Part IV of the Foreign Assistance Act of 1961 (22

17 U.S.C. 2430 et seq.) is amended by adding at the end

18 the following new section:

19 ‘‘SEC. 711. AUTHORITY TO ENGAGE IN DEBT BUYBACKS OR

20 SALES.

21 ‘‘(a) LOANS ELIGIBLE FOR SALE, REDUCTION, OR

22 CANCELLATION.—

23 ‘‘(1) AUTHORITY TO SELL, REDUCE, OR CANCEL

24 CERTAIN LOANS.—Notwithstanding any other provi25 sion of law, the President may, in accordance with
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1 this section, sell to any eligible purchaser any

2 concessional loan or portion thereof made before

3 January 1, 1995, to the government of any eligible

4 country pursuant to this Act, or on receipt of pay5 ment from an eligible purchaser, reduce or cancel

6 such loan or portion thereof, only for the purpose

7 of facilitating—

8 ‘‘(A) debt-for-equity swaps, debt-for-devel9 opment swaps, or debt-for-nature swaps; or

10 ‘‘(B) a debt buyback by an eligible country

11 of its own qualified debt, only if the eligible

12 country uses an additional amount of the local

13 currency of the eligible country, equal to not

14 less than 40 percent of the price paid for such

15 debt by such eligible country, or the difference

16 between the price paid for such debt and the

17 face value of such debt, to support activities

18 that link conservation and sustainable use of

19 natural resources with local community develop20 ment, and child survival and other child devel21 opment, in a manner consistent with sections

22 707 through 710, if the sale, reduction, or can23 cellation would not contravene any term or con24 dition of any prior agreement relating to such

25 loan.
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1 ‘‘(2) TERMS AND CONDITIONS.—Notwithstand2 ing any other provision of law, the President shall,

3 in accordance with this section, establish the terms

4 and conditions under which loans may be sold, re5 duced, or canceled pursuant to this section.

6 ‘‘(3) ADMINISTRATION.—The Facility shall no7 tify the administrator of the agency primarily re8 sponsible for administering part I of this Act of pur9 chasers that the President has determined to be eli10 gible, and shall direct such agency to carry out the

11 sale, reduction, or cancellation of a loan pursuant to

12 this section. Such agency shall make an adjustment

13 in its accounts to reflect the sale, reduction, or can14 cellation.

15 ‘‘(4) LIMITATION.—The authorities of this sub16 section shall be available only to the extent that ap17 propriations for the cost of the modification, as de18 fined in section 502 of the Congressional Budget Act

19 of 1974, are made in advance.

20 ‘‘(b) DEPOSIT OF PROCEEDS.—The proceeds from

21 the sale, reduction, or cancellation of any loan sold, re22 duced, or canceled pursuant to this section shall be depos23 ited in an account or accounts established in the Treasury

24 for the repayment of such loan.
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1 ‘‘(c) ELIGIBLE PURCHASERS.—A loan may be sold

2 pursuant to subsection (a)(1)(A) only to a purchaser who

3 presents plans satisfactory to the President for using the

4 loan for the purpose of engaging in debt-for-equity swaps,

5 debt-for-development swaps, or debt-for-nature swaps.

6 ‘‘(d) DEBTOR CONSULTATIONS.—Before the sale to

7 any eligible purchaser, or any reduction or cancellation

8 pursuant to this section, of any loan made to an eligible

9 country, the President shall consult with the country con10 cerning the amount of loans to be sold, reduced, or can11 celed and their uses for debt-for-equity swaps, debt-for12 development swaps, or debt-for-nature swaps.

13 ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—

14 ‘‘(1) IN GENERAL.—For the sale, reduction,

15 and cancellation of loans or portions thereof pursu16 ant to this section, there are authorized to be appro17 priated to the President $3,000,000 for each of the

18 fiscal years 1996 and 1997.

19 ‘‘(2) AVAILABILITY.—Amounts authorized to be

20 appropriated under paragraph (1) are authorized to

21 remain available until expended.’’.

22 SEC. 3415. IMPACT ON JOBS IN THE UNITED STATES.

23 Section 636 of the Foreign Assistance Act of 1961

24 (22 U.S.C. 2396) is amended by adding at the end the

25 following new subsection:
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1 ‘‘(j)(1) Funds made available to carry out the provi2 sions of this Act may not be made available to provide—

3 ‘‘(A) any financial incentive to a business enter4 prise located in the United States for the purpose of

5 inducing that enterprise to relocate outside the Unit6 ed States if such incentive or inducement is likely to

7 reduce the number of individuals employed in the

8 United States by that enterprise because that enter9 prise would replace production in the United States

10 with production outside the United States;

11 ‘‘(B) assistance for the purpose of establishing

12 or developing in a foreign country any export proc13 essing zone or designated area in which the tax, tar14 iff, labor, environment, and safety laws of that coun15 try do not apply, in part or in whole, to activities

16 carried out within that zone or area, unless the

17 President determines and certifies that such assist18 ance is not likely to cause a loss of jobs within the

19 United States; or

20 ‘‘(C) subject to paragraph (2), assistance for

21 any project or activity that contributes to the viola22 tion of internationally recognized workers rights (as

23 defined in section 502(a)(4) of the Trade Act of

24 1974) of workers in the foreign country, including in

25 any designated zone or area in that country.
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1 ‘‘(2) Paragraph (1) shall not apply with respect to

2 the provision of assistance for microenterprises and small3 scale enterprises, or for small-holder agriculture in the in4 formal sector of the foreign country.’’.

5 SEC. 3416. PROHIBITION ON ASSISTANCE TO FOREIGN GOV6 ERNMENTS THAT EXPORT LETHAL MILITARY

7 EQUIPMENT TO COUNTRIES SUPPORTING

8 INTERNATIONAL TERRORISM.

9 (a) IN GENERAL.—Section 620 of the Foreign Assist10 ance Act of 1961 (22 U.S.C. 2370) is amended by adding

11 at the end the following new subsection:

12 ‘‘(y)(1) No assistance may be provided under this Act

13 or the Arms Export Control Act to any foreign govern14 ment that provides lethal military equipment to a country,

15 the government of which the Secretary of State has deter16 mined pursuant to section 40(d) of the Arms Export Con17 trol Act is a government that has repeatedly provided sup18 port for acts of international terrorism.

19 ‘‘(2) The prohibition under paragraph (1) with re20 spect to a foreign government shall terminate 12 months

21 after the date on which that government ceases to provide

22 such lethal military equipment.

23 ‘‘(3) The President may waive the requirements of

24 paragraph (1) if the President determines that the provi-
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1 sion of such assistance is important to the national secu2 rity interests of the United States.

3 ‘‘(4) Whenever the waiver of paragraph (3) is exer4 cised, the President shall prepare and transmit to the ap5 propriate congressional committees a report with respect

6 to the furnishing of such assistance. Such report shall in7 clude a detailed explanation of the assistance to be pro8 vided, including the estimated dollar amount of such as9 sistance, and an explanation of how the assistance fur10 thers the national interests of the United States.

11 ‘‘(5) For purposes of this subsection, the term ‘appro12 priate congressional committees’ means the Committee on

13 International Relations and the Committee on Appropria14 tions of the House of Representatives and the Committee

15 on Foreign Relations and the Committee on Appropria16 tions of the Senate.’’.

17 (b) EFFECTIVE DATE.—Section 620(y) of the For18 eign Assistance Act of 1961, as added by subsection (a),

19 applies with respect to lethal military equipment provided

20 pursuant to a contract entered into on or after the date

21 of enactment of this Act.
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1 CHAPTER 3—REPEALS

2 SEC. 3421. REPEAL OF OBSOLETE PROVISIONS.

3 (a) 1992 JOBS THROUGH EXPORTS ACT.—Title III

4 of the Jobs Through Exports Act of 1992 is hereby re5 pealed.

6 (b) 1988 OPIC ACT.—The Overseas Private Invest7 ment Corporation Amendments Act of 1988 (as enacted

8 by reference by section 555 of the Foreign Operations, Ex9 port Financing, and Related Programs Appropriations

10 Act, 1989) is hereby repealed.

11 (c) 1988 FOREIGN OPERATIONS APPROPRIATIONS

12 ACT.—Section 537(h)(2) of the Foreign Operations, Ex13 port Financing, and Related Programs Appropriations

14 Act, 1988, as included in Public Law 100–202, is hereby

15 repealed.

16 (d) 1987 FOREIGN ASSISTANCE APPROPRIATIONS

17 ACT.—Section 539(g)(2) of the Foreign Assistance and

18 Related Programs Appropriations Act, 1987, as included

19 in Public Law 99–591, is hereby repealed.

20 (e) 1986 ASSISTANCE ACT.—The Special Foreign As21 sistance Act of 1986 is hereby repealed except for section

22 1 and section 204.

23 (f) 1985 ASSISTANCE ACT.—The International Secu24 rity and Development Cooperation Act of 1985 is hereby

25 repealed except for section 1, section 131, section 132, sec-
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1 tion 504, section 505, part B of title V (other than section

2 558 and section 559), section 1302, section 1303, and sec3 tion 1304.

4 (g) 1985 JORDAN SUPPLEMENTAL ACT.—The Jor5 dan Supplemental Economic Assistance Authorization Act

6 of 1985 is hereby repealed.

7 (h) 1985 AFRICAN FAMINE ACT.—The African Fam8 ine Relief and Recovery Act of 1985 is hereby repealed.

9 (i) 1983 ASSISTANCE ACT.—The International Secu10 rity and Development Assistance Authorization Act of

11 1983 is hereby repealed.

12 (j) 1983 LEBANON ASSISTANCE ACT.—The Lebanon

13 Emergency Assistance Act of 1983 is hereby repealed.

14 (k) 1981 ASSISTANCE ACT.—The International Secu15 rity and Development Cooperation Act of 1981 is hereby

16 repealed except for section 1, section 709, and section 714.

17 (l) 1981 OPIC AMENDMENTS ACT.—The OPIC

18 Amendments Act of 1981 is hereby repealed.

19 (m) 1980 ASSISTANCE ACT.—The International Se20 curity and Development Cooperation Act of 1980 is hereby

21 repealed except for section 1, section 110, section 316, and

22 title V.

23 (n) 1979 DEVELOPMENT ASSISTANCE ACT.—The

24 International Development Cooperation Act of 1979 is

25 hereby repealed.
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1 (o) 1979 SECURITY ASSISTANCE ACT.—The Inter2 national Security Assistance Act of 1979 is hereby re3 pealed.

4 (p) 1979 SPECIAL SECURITY ASSISTANCE ACT.—The

5 Special International Security Assistance Act of 1979 is

6 hereby repealed.

7 (q) 1978 DEVELOPMENT ASSISTANCE ACT.—The

8 International Development and Food Assistance Act of

9 1978 is hereby repealed, except for section 1, title IV, and

10 section 603(a)(2).

11 (r) 1978 SECURITY ASSISTANCE ACT.—The Inter12 national Security Assistance Act of 1978 is hereby re13 pealed.

14 (s) 1977 DEVELOPMENT ASSISTANCE ACT.—The

15 International Development and Food Assistance Act of

16 1977 is hereby repealed except for section 1, section

17 132(b), and section 133.

18 (t) 1977 SECURITY ASSISTANCE ACT.—The Inter19 national Security Assistance Act of 1977 is hereby re20 pealed.

21 (u) 1976 SECURITY ASSISTANCE ACT.—The Inter22 national Security Assistance and Arms Export Control Act

23 of 1976 is hereby repealed except for section 1, section

24 201(b), section 212(b), section 601, and section 608.
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1 (v) 1975 DEVELOPMENT ASSISTANCE ACT.—The

2 International Development and Food Assistance Act of

3 1975 is hereby repealed.

4 (w) 1975 BIB ACT.—Public Law 94–104 is hereby

5 repealed.

6 (x) 1974 ASSISTANCE ACT.—The Foreign Assistance

7 Act of 1974 is hereby repealed.

8 (y) 1973 EMERGENCY ASSISTANCE ACT.—The

9 Emergency Security Assistance Act of 1973 is hereby re10 pealed.

11 (z) 1973 ASSISTANCE ACT.—The Foreign Assistance

12 Act of 1973 is hereby repealed.

13 (aa) 1971 ASSISTANCE ACT.—The Foreign Assist14 ance Act of 1971 is hereby repealed.

15 (bb) 1971 SPECIAL ASSISTANCE ACT.—The Special

16 Foreign Assistance Act of 1971 is hereby repealed.

17 (cc) 1969 ASSISTANCE ACT.—The Foreign Assist18 ance Act of 1969 is hereby repealed except for the first

19 section and part IV.

20 (dd) 1968 ASSISTANCE ACT.—The Foreign Assist21 ance Act of 1968 is hereby repealed.

22 (ee) 1964 ASSISTANCE ACT.—The Foreign Assist23 ance Act of 1964 is hereby repealed.

24 (ff) LATIN AMERICAN DEVELOPMENT ACT.—The

25 Latin American Development Act is hereby repealed.
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1 (gg) 1959 MUTUAL SECURITY ACT.—The Mutual Se2 curity Act of 1959 is hereby repealed.

3 (hh) 1954 MUTUAL SECURITY ACT.—Sections 402

4 and 417 of the Mutual Security Act of 1954 are hereby

5 repealed.

6 (ii) DEPARTMENT OF STATE AUTHORIZATION ACT,

7 FISCAL YEARS 1982 and 1983.—Section 109 of the De8 partment of State Authorization Act, Fiscal Years 1982

9 and 1983, is hereby repealed.

10 (jj) DEPARTMENT OF STATE AUTHORIZATION ACT,

11 FISCAL YEARS 1984 AND 1985.—Sections 1004 and

12 1005(a) of the Department of State Authorization Act,

13 Fiscal Years 1984 and 1985, are hereby repealed.

14 (kk) SAVINGS PROVISION.—Except as otherwise pro15 vided in this Act, the repeal by this Act of any provision

16 of law that amended or repealed another provision of law

17 does not affect in any way that amendment or repeal.

18 TITLE XXXV—EFFECTIVE DATE

19 SEC. 3501. EFFECTIVE DATE.

20 Except as otherwise provided in this Act, this divi21 sion, and the amendments made by this division, shall take

22 effect on the date of the enactment of this Act or October

23 1, 1995, whichever occurs later.

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