I

104TH CONGRESS

1ST SESSION H. R. 1561

[Report No. 104–128, Part I]

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

MAY 19, 1995

Reported from the Committee on International Relations with an amendment

and referred to the Committee on the Judiciary for a period ending not

later than May 20, 1995, for consideration of such provisions of the

amendment recommended by the Committee on International Relations as

fall within the jurisdiction of that committee pursuant to clause 1(j), rule

X

[Strike out all after the enacting clause and insert the part printed in italic]

MAY 20, 1995

The Committee on the Judiciary discharged

[For text of introduced bill, see copy of bill as introduced on May 3, 1995]

A BILL

To consolidate the foreign affairs agencies of the United

States; to authorize appropriations for the Department
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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,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘American Overseas In5 terests Act of 1995’’.

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

7 CONTENTS.

8 (a) DIVISIONS.—This Act is organized into three divi9 sions as follows:

10 (1) Division A—Consolidation of Foreign Affairs

11 Agencies.

12 (2) Division B—Foreign Relations Authoriza13 tions.

14 (3) Division C—Foreign Assistance Authoriza15 tions.

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

17 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.
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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

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. Coordinator for arms control and disarmament.

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.

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.
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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.

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.

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.
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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.

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. Denial of passports to noncustodial parents subject to state arrest warrants in cases of nonpayment of child support.

Sec. 2207. Capital investment fund.

Sec. 2208. Efficiency in procurement.

Sec. 2209. Training.

Sec. 2210. Lease-purchase agreements.

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.
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Sec. 2234. Consular officers.

CHAPTER 3—REFUGEES AND MIGRATION

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

Sec. 2252. Persecution for resistance to coercive population control methods.

Sec. 2253. Report to congress concerning Cuban emigration policies.

Sec. 2254. United States policy regarding the involuntary return of refugees.

Sec. 2255. 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

Sec. 2301. Coordinator for counterterrorism.

Sec. 2302. Special envoy for Tibet.

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

of Refugee and Migration Assistance, and Bureau of Democracy,

Human Rights, and Labor.

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.

Sec. 2353. Recovery of costs of health care services.

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 certain educational and cultural exchange programs in

Asia.

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.

Sec. 2408. USIA office in Pristina, Kosova.

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.
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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. Limitation on contributions to the United Nations or United Nations

affiliated organizations.

Sec. 2523. Report on UNICEF.

Sec. 2524. United Nations budgetary and management reform.

TITLE XXVI—FOREIGN POLICY PROVISIONS

CHAPTER 1—MISCELLANEOUS FOREIGN POLICY PROVISIONS

Sec. 2601. Taiwan Relations Act.

Sec. 2602. Bosnia Genocide Justice Act.

Sec. 2603. Expansion of Commission on Security and Cooperation in Europe.

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.

CHAPTER 4—TORTURE

Sec. 2661. Definitions.

Sec. 2662. United States policy with respect to the involuntary return of persons

subjected to torture.

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.
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Sec. 2707. Recommendations of the President for reform of war powers resolution.

Sec. 2708. Conflict in Kashmir.

Sec. 2709. United States relations with the Former Yugoslav Republic of Macedonia (FYROM).

Sec. 2710. Sense of the Congress relating to Indonesia.

Sec. 2711. Displaced persons.

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. Administrative expenses.

Sec. 3103. Assistance for Israel.

Sec. 3104. Assistance for Egypt.

Sec. 3105. Loans for Greece and Turkey.

Sec. 3106. Terms of loans.

Sec. 3107. Nonrepayment of grant assistance.

Sec. 3108. Additional requirements.

SUBCHAPTER B—OTHER ASSISTANCE

Sec. 3121. Defense drawdown special authorities.

Sec. 3122. Stockpiles of defense articles.

Sec. 3123. Transfer of excess defense articles.

Sec. 3124. Nonlethal excess defense articles for Albania.

CHAPTER 2—INTERNATIONAL MILITARY EDUCATION AND TRAINING

Sec. 3141. Authorization of appropriations.

Sec. 3142. Assistance for Indonesia.

Sec. 3143. Additional requirements.

CHAPTER 3—ANTITERRORISM ASSISTANCE

Sec. 3151. Authorization of appropriations.

Sec. 3152. Antiterrorism training assistance.

Sec. 3153. Research and development expenses.

CHAPTER 4—NARCOTICS CONTROL ASSISTANCE

Sec. 3161. Authorization of appropriations.

Sec. 3162. Additional requirements.

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.
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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. Requirements relating to the Special Defense Acquisition Fund.

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.

Sec. 3192. End-use monitoring of defense articles and defense services.

Sec. 3193. Brokering activities relating to commercial sales of defense articles and

services.

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. Micro- and small enterprise development credits.

Sec. 3213. Microenterprise development grant assistance.

CHAPTER 3—DEVELOPMENT ASSISTANCE

SUBCHAPTER A—DEVELOPMENT ASSISTANCE AUTHORITIES

Sec. 3221. Authorizations of appropriations.

Sec. 3222. Assistance for child survival activities, Vitamin A Deficiency Program,

and related activities.

Sec. 3223. Assistance for family planning.

Sec. 3224. Assistance for the independent states of the former Soviet Union.

Sec. 3225. Development Fund for Latin America and the Caribbean.

Sec. 3226. Effectiveness of United States development assistance.

Sec. 3227. Funding for private and voluntary organizations and cooperatives.

Sec. 3228. Sense of the Congress relating to United States cooperatives and credit

unions.

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. Levels of assistance for title II.

Sec. 3242. Authorization of appropriations for title III.
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CHAPTER 5—HOUSING GUARANTEE PROGRAM

Sec. 3251. Authorization of appropriations for administrative expenses.

Sec. 3252. Additional requirements.

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.

Sec. 3285. Human rights reports.

Sec. 3286. Deobligation of certain unexpended economic assistance funds.

TITLE XXXIII—REGIONAL PROVISIONS

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

to Cuba.

Sec. 3302. Assistance for Nicaragua.

Sec. 3303. Sense of the Congress regarding relations with Burma.

Sec. 3304. Debt restructuring for Egypt.

Sec. 3305. Prohibition on assistance to foreign governments providing assistance

to Iran.

Sec. 3306. Assistance for Pakistan.

Sec. 3307. Return of military equipment of Pakistan.

Sec. 3308. Eligibility of Panama under Arms Export Control Act.

Sec. 3309. Future of the United States military presence in Panama.

Sec. 3310. Peace and stability in the South China Sea.

Sec. 3311. Sense of the Congress regarding narcotics control efforts of Colombia.

Sec. 3312. Notification of arms sales to Saudi Arabia.

Sec. 3313. 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

Sec. 3411. Congressional presentation documents.
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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.

Sec. 3417. Prohibition on assistance to countries that consistently oppose the

United States position in the United Nations General Assembly.

Sec. 3418. Limitation on assistance to countries that restrict the transport or delivery of United States humanitarian assistance.

Sec. 3419. Prohibition on assistance to foreign governments, private and voluntary organizations, and other entities that inhibit United

States-supported demining operations and activities.

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 the

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

13 humanitarian interests of the United States require

14 continued American engagement in international af15 fairs. The leading role of the United States in world
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1 affairs will be as important in the twenty-first cen2 tury as it has been in the twentieth.

3 (2) The United States budget deficit requires

4 that the foreign as well as the domestic programs and

5 activities of the United States be carefully reviewed

6 for potential savings. Wherever possible, foreign pro7 grams and activities must be streamlined, managed

8 more efficiently, and adapted to the requirements of

9 the post-Cold War era.

10 (3) In order to downsize the foreign programs

11 and activities of the United States without jeopardiz12 ing United States interests, strong and effective lead13 ership will be required. As the official principally re14 sponsible for the conduct of foreign policy, the Sec15 retary of State must have the authority to allocate ef16 ficiently the resources within the international affairs

17 budget. As a first step in the downsizing process, the

18 proliferation of foreign affairs agencies that occurred

19 during the Cold War must be reversed, and the func20 tions of these agencies must be restored to the Sec21 retary of State.

22 (4) A streamlined and reorganized foreign affairs

23 structure under the strengthened leadership of the Sec24 retary of State can more effectively promote the inter-
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1 national interests of the United States in the next

2 century than the existing structure.

3 SEC. 103. PURPOSES.

4 The purposes of this division are—

5 (1) to consolidate and reinvent foreign affairs

6 agencies of the United States within the Department

7 of State;

8 (2) to provide for the reorganization of the De9 partment of State to maximize the efficient use of re10 sources, eliminate redundancy in functions, effect

11 budget savings, and improve the management of the

12 State Department;

13 (3) to strengthen—

14 (A) the coordination of United States for15 eign policy; and

16 (B) the leading role of the Secretary of

17 State in the formulation and articulation of

18 United States foreign policy; and

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

20 United States Arms Control and Disarmament Agen21 cy, the United States Information Agency, the Inter22 national Development Cooperation Agency, and the

23 Agency for International Development.
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1 SEC. 104. DEFINITIONS.

2 The following terms have the following meaning for the

3 purposes of this division:

4 (1) The term ‘‘AID’’ means the Agency for Inter5 national Development.

6 (2) The term ‘‘ACDA’’ means the United States

7 Arms Control and Disarmament Agency.

8 (3) The term ‘‘appropriate congressional com9 mittees’’ means the Committee on International Rela10 tions of the House of Representatives and the Com11 mittee of Foreign Relations of the Senate.

12 (4) The term ‘‘Department’’ means the Depart13 ment of State.

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

15 given to the term ‘‘agency’’ by section 551(1) of title

16 5, United States Code.

17 (6) The term ‘‘function’’ means any duty, obliga18 tion, power, authority, responsibility, right, privilege,

19 activity, or program.

20 (7) The term ‘‘office’’ includes any office, admin21 istration, agency, institute, unit, organizational en22 tity, or component thereof.

23 (8) The term ‘‘Secretary’’ means the Secretary of

24 State.

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

26 Information Agency.
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1 TITLE II—UNITED STATES ARMS

2 CONTROL AND DISARMAMENT

3 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 de11 termine to be appropriate and announce by notice

12 published in the Federal Register, which date may be

13 not earlier than 60 calendar days (excluding any day

14 on which either House of Congress is not in session

15 because of an adjournment sine die) after the Presi16 dent has submitted a reorganization plan to the ap17 propriate congressional committees pursuant to sec18 tion 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 reference
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1 shall be considered to be made to a provision of the Arms

2 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 func14 tions of the Director of the United States Arms Control and

15 Disarmament Agency and all functions of the United States

16 Arms Control and Disarmament Agency and any officer

17 or component of such agency under any statute, reorganiza18 tion plan, Executive order, or other provision of law before

19 the effective date of this title, except as otherwise provided

20 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 and

8 the Director of the Arms Control and Disarmament Agency,

9 shall transmit to the appropriate congressional committees

10 a reorganization plan providing for—

11 (1) the abolition of the Arms Control and Disar12 mament Agency in accordance with this title;

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

14 functions and personnel of the Arms Control and Dis15 armament 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 (a)

22 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 with

5 the Agency, or be eliminated under the plan, and set

6 forth a schedule for such transfers, separations, and

7 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 the

13 plan, and set forth a schedule for such transfers, sepa14 rations, and terminations;

15 (4) specify the consolidations and reorganization

16 of functions of the Department that will be required

17 under the plan in order to permit the Department to

18 carry out the functions transferred to the Department

19 under the plan;

20 (5) specify the funds available to the Arms Con21 trol and Disarmament Agency that will be transferred

22 to the Department as a result of the transfer of func23 tions 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 plan;

2 and

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

5 liabilities of the Agency in connection with the trans6 fer of the functions of the Agency to the Department.

7 (c) ASSISTANT SECRETARY POSITIONS.—The plan

8 under subsection (a) shall provide for an appropriate num9 ber of Assistant Secretaries of State to carry out the func10 tions transferred to the Department under this title.

11 SEC. 222. COORDINATOR FOR ARMS CONTROL AND DISAR12 MAMENT.

13 (a) ESTABLISHMENT OF COORDINATOR FOR ARMS

14 CONTROL AND DISARMAMENT.—Section 1(e) of the State

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

16 2651a(e)) is amended by adding after paragraph (4) the

17 following new paragraph:

18 ‘‘(5) COORDINATOR FOR ARMS CONTROL AND

19 DISARMAMENT.—

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

21 Secretary of State a Coordinator for Arms Con22 trol and Disarmament (hereafter in this para23 graph referred to as the ‘Coordinator’ who shall

24 be appointed by the President, by and with the
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1 advice and consent of the Senate. The Coordina2 tor shall report directly to the Secretary of State.

3 ‘‘(B)(i) The Coordinator shall perform such

4 duties and exercise such power as the Secretary

5 of State shall prescribe.

6 ‘‘(ii) The Coordinator shall be responsible

7 for arms control and disarmament matters. The

8 Coordinator shall head the Bureau of Arms Con9 trol and Disarmament.

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

11 and status of Ambassador-at-Large. The Coordi12 nator shall be compensated at the annual rate of

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

14 the Executive Schedule under section 5314 of

15 title 5, United States Code, or, if the Coordinator

16 is appointed from the Foreign Service, the an17 nual rate of pay which the individual last re18 ceived under the Foreign Service Schedule,

19 whichever is greater.’’.

20 (b) PARTICIPATION IN MEETINGS OF NATIONAL SECU21 RITY COUNCIL.—Section 101 of the National Security Act

22 of 1947 (50 U.S.C. 402) is amended by adding at the end

23 the following new subsection:

24 ‘‘(i) The Coordinator for Arms Control and Disar25 mament may, in the role of advisor to the National Security
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1 Council on arms control and disarmament matters, and

2 subject to the direction of the President, attend and partici3 pate in meetings of the National Security Council.’’.

4 (c) TRANSITION PROVISION.—The President may ap5 point the individual serving as Director of the Arms Con6 trol and Disarmament Agency on the day before the effective

7 date of this title, or such other officials appointed by and

8 with the advice and consent of the Senate and serving with9 in the Department of State or the Arms Control and Disar10 mament Agency on the day before the effective date of this

11 title as the President considers appropriate, to serve as the

12 acting Coordinator for Arms Control and Disarmament

13 until an individual is appointed to that office in accord14 ance with section 1(e)(5) of the State Department Basic Au15 thorities Act of 1956, as amended by this Act.

16 CHAPTER 4—CONFORMING AMENDMENTS

17 SEC. 241. REFERENCES.

18 Any reference in any statute, reorganization plan, Ex19 ecutive order, regulation, agreement, determination, or

20 other official document or proceeding to—

21 (1) the Director of the United States Arms Con22 trol and Disarmament Agency or any other officer or

23 employee of the United States Arms Control and Dis24 armament Agency shall be deemed to refer to the Sec25 retary of State; and
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1 (2) the United States Arms Control and Disar2 mament Agency shall be deemed to refer to the De3 partment of State.

4 SEC. 242. REPEAL OF ESTABLISHMENT OF AGENCY.

5 Section 21 of the Arms Control and Disarmament Act

6 (22 U.S.C. 2561; relating to the establishment of the agency)

7 is repealed.

8 SEC. 243. REPEAL OF POSITIONS AND OFFICES.

9 The following sections of the Arms Control and Disar10 mament Act are repealed:

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

12 Director).

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

14 Deputy Director).

15 (3) Section 24 (22 U.S.C. 2564; relating to As16 sistant Directors).

17 (4) Section 25 (22 U.S.C. 2565; relating to bu18 reaus, offices, and divisions).

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

20 ACDA Inspector General).

21 SEC. 244. TRANSFER OF AUTHORITIES AND FUNCTIONS

22 UNDER THE ARMS CONTROL AND DISAR23 MAMENT ACT TO THE SECRETARY OF STATE.

24 (a) IN GENERAL.—The Arms Control and Disar25 mament Act (22 U.S.C. 2551 et seq.) is amended—
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1 (1) by striking ‘‘Agency’’ each place it appears

2 and inserting ‘‘Department’’; and

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

4 and inserting ‘‘Secretary’’.

5 (b) PURPOSE.—Section 2 (22 U.S.C. 2551) is repealed.

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

7 amended by striking paragraph (c) and inserting the fol8 lowing:

9 ‘‘(c) The term ‘Department’ means the Depart10 ment of State.

11 ‘‘(d) The term ‘Secretary’ means the Secretary of

12 State.’’.

13 (d) SCIENTIFIC AND POLICY ADVISORY COMMITTEE.—

14 Section 26(b) (22 U.S.C. 2566(b)) is amended by striking

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

16 ‘‘and the Secretary of State’’.

17 (e) PRESIDENTIAL SPECIAL REPRESENTATIVES.—Sec18 tion 27 (22 U.S.C. 2567) is amended by striking ‘‘, acting

19 through the Director’’.

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

21 (22 U.S.C. 2568) is amended—

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

23 activities’’ and inserting ‘‘Department’s arms control,

24 nonproliferation, and disarmament activities’’; and
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1 (2) in the fourth sentence, by striking ‘‘, and all

2 former Directors of the Agency’’.

3 (g) POLICY FORMULATION.—Section 33(a) (22 U.S.C.

4 2573(a)) is amended by striking ‘‘shall prepare for the

5 President, the Secretary of State,’’ and inserting ‘‘shall pre6 pare for the President’’.

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

8 U.S.C. 2574) is amended—

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

10 and the Secretary of State’’ and inserting ‘‘the Presi11 dent’’; and

12 (2) by striking subsection (b).

13 (i) VERIFICATION OF COMPLIANCE.—Section 37(d) (22

14 U.S.C. 2577(d)) is amended by striking ‘‘Director’s des15 ignee’’ and inserting ‘‘Secretary’s designee’’.

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

17 2581) is repealed.

18 (k) SECURITY REQUIREMENTS.—Section 45 (22

19 U.S.C. 2585) is amended by striking subsections (a), (b),

20 and (d).

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

22 repealed.

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

24 2593a(a)) is amended by striking ‘‘the Secretary of State,’’.
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1 (n) REQUIREMENT FOR AUTHORIZATION OF APPRO2 PRIATIONS.—Section 53 (22 U.S.C. 2593c) is repealed.

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

4 U.S.C. 2595) is amended—

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

6 Arms Control and Disarmament Agency’’ and insert7 ing ‘‘Department of State’’; and

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

9 States Arms Control and Disarmament Agency and’’.

10 SEC. 245. CONFORMING AMENDMENTS.

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

12 Control Act is amended—

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

14 2776(b)(1)(D)), by striking ‘‘Director of the Arms

15 Control and Disarmament Agency in consultation

16 with the Secretary of State and’’ and inserting ‘‘Sec17 retary of State in consultation with’’;

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

19 (A) in the first sentence, by striking ‘‘Direc20 tor of the United States Arms Control and Dis21 armament Agency, taking into account the Di22 rector’s’’ and inserting ‘‘Secretary of State, tak23 ing into account the Secretary’s’’; and

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

25 Director of the Arms Control and Disarmament
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1 Agency is authorized, whenever the Director’’

2 and inserting ‘‘The Secretary of State is author3 ized, whenever the Secretary’’;

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

5 (A) in paragraph (1)(C), by striking ‘‘Di6 rector of the United States Arms Control and

7 Disarmament Agency’’ and inserting ‘‘Secretary

8 of State’’; and

9 (B) in paragraph (2)—

10 (i) in the first sentence, by striking

11 ‘‘Director of the United States Arms Control

12 and Disarmament Agency’’ and inserting

13 ‘‘Secretary of State’’; and

14 (ii) in the second sentence, by striking

15 ‘‘Director of the Arms Control and Disar16 mament Agency is authorized, whenever the

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

18 whenever the Secretary’’;

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

20 striking ‘‘, the Director of the Arms Control and Dis21 armament Agency,’’ and inserting ‘‘, Secretary of

22 State,’’;

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

24 by striking ‘‘Director of the United States Arms Con-
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1 trol and Disarmament Agency’’ and inserting ‘‘Sec2 retary of State’’;

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

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

5 States Arms Control and Disarmament Agency’’

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

7 (B) by striking ‘‘, or the Director’’;

8 (7) in section 71(c) (22 U.S.C. 2797(c)), by

9 striking ‘‘Director of the United States Arms Control

10 and Disarmament Agency,’’ and inserting ‘‘Secretary

11 of State’’; and

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

13 striking ‘‘Director of the United States Arms Control

14 and Disarmament Agency’’ and inserting ‘‘Secretary

15 of State’’.

16 (b) UNITED STATES INSTITUTE OF PEACE ACT.—Sec17 tion 1706(b) of the United States Institute of Peace Act (22

18 U.S.C. 4605(b)) is amended—

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

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

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

22 (3) in paragraph (4) (as redesignated by para23 graph (2)), by striking ‘‘Eleven’’ and inserting

24 ‘‘Twelve’’.
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1 (c) THE ATOMIC ENERGY ACT OF 1954.—The Atomic

2 Energy Act of 1954 is amended—

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

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

5 Arms Control and Disarmament Agency,’’, and

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

7 Director of the Arms Control and Disarmament

8 Agency,’’; and

9 (2) in section 123 (42 U.S.C. 2153)—

10 (A) in subsection a. (in the text after para11 graph (9))—

12 (i) by striking ‘‘and in consultation

13 with the Director of the Arms Control and

14 Disarmament Agency (‘the Director’)’’, and

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

16 inserting ‘‘and the Secretary of Defense’’,

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

18 striking ‘‘Director of the Arms Control and Dis19 armament Agency’’ and inserting ‘‘Secretary of

20 Defense’’, and

21 (C) in the first undesignated paragraph fol22 lowing subsection d., by striking ‘‘the Arms Con23 trol and Disarmament Agency,’’.
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1 (d) THE NUCLEAR NON-PROLIFERATION ACT OF

2 1978.—The Nuclear Non-Proliferation Act of 1978 is

3 amended—

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

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

6 State, and the Director of the Arms Control and Dis7 armament Agency’’ and inserting ‘‘and the Secretary

8 of State’’; and

9 (3) in section 602(c), by striking ‘‘the Arms Con10 trol and Disarmament Agency,’’.

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

12 States Code, is amended—

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

14 United States Arms Control and Disarmament Agen15 cy.’’;

16 (2) in section 5314, by striking ‘‘Deputy Direc17 tor of the United States Arms Control and Disar18 mament Agency.’’; and

19 (3) in section 5315, by striking ‘‘Assistant Direc20 tors, United States Arms Control and Disarmament

21 Agency (4).’’.
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1 TITLE III—UNITED STATES

2 INFORMATION AGENCY

3 CHAPTER 1—GENERAL PROVISIONS

4 SEC. 301. 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) March 1, 1997; or

9 (2) on such earlier date as the President shall de10 termine to be appropriate and announce by notice

11 published in the Federal Register, which date may be

12 not earlier than 60 calendar days (excluding any day

13 on which either House of Congress is not in session

14 because of an adjournment sine die) after the Presi15 dent has submitted a reorganization plan to the ap16 propriate congressional committees pursuant to sec17 tion 321.

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

19 effect on the date of enactment of this Act.
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1 CHAPTER 2—ABOLITION OF UNITED

2 STATES INFORMATION AGENCY AND

3 TRANSFER OF FUNCTIONS TO SEC4 RETARY OF STATE

5 SEC. 311. ABOLITION OF UNITED STATES INFORMATION

6 AGENCY.

7 The United States Information Agency is abolished.

8 SEC. 312. TRANSFER OF FUNCTIONS TO SECRETARY OF

9 STATE.

10 There are transferred to the Secretary of State all func11 tions of the Director of the United States Information Agen12 cy and all functions of the United States Information Agen13 cy and any officer or component of such agency under any

14 statute, reorganization plan, Executive order, or other pro15 vision of law before the effective date of this title, except

16 as otherwise provided in this title.

17 CHAPTER 3—REORGANIZATION OF DE18 PARTMENT OF STATE RELATING TO

19 FUNCTIONS TRANSFERRED UNDER

20 THIS TITLE

21 SEC. 321. REORGANIZATION PLAN.

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

23 1996, the President, in consultation with the Secretary and

24 the Director of the United States Information Agency, shall
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1 transmit to the appropriate congressional committees a re2 organization plan providing for—

3 (1) the abolition of the United States Informa4 tion Agency in accordance with this title;

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

6 functions and personnel of the United States Informa7 tion Agency consistent with the provisions of this

8 title; and

9 (3) the consolidation, reorganization, and

10 streamlining of the Department upon the transfer of

11 functions under this title in order to carry out such

12 functions.

13 (b) PLAN ELEMENTS.—The plan under subsection (a)

14 shall—

15 (1) identify the functions of the United States

16 Information Agency that will be transferred to the

17 Department under the plan;

18 (2) identify the personnel and positions of the

19 Agency (including civil service personnel, Foreign

20 Service personnel, and detailees) that will be trans21 ferred to the Department, separated from service with

22 the Agency, or be eliminated under the plan, and set

23 forth a schedule for such transfers, separations, and

24 terminations;
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1 (3) identify the personnel and positions of the

2 Department (including civil service personnel, For3 eign Service personnel, and detailees) that will be

4 transferred within the Department, separated from

5 service with the Department, or eliminated under the

6 plan, and set forth a schedule for such transfers, sepa7 rations, and terminations;

8 (4) specify the consolidations and reorganization

9 of functions of the Department that will be required

10 under the plan in order to permit the Department to

11 carry out the functions transferred to the Department

12 under the plan;

13 (5) specify the funds available to the United

14 States Information Agency that will be transferred to

15 the Department as a result of the transfer of functions

16 of the Agency to the Department;

17 (6) specify the proposed allocations within the

18 Department of unexpended funds transferred in con19 nection with the transfer of functions under the plan;

20 and

21 (7) specify the proposed disposition of the prop22 erty, facilities, contracts, records, and other assets and

23 liabilities of the Agency in connection with the trans24 fer of the functions of the Agency to the Department.
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1 (c) ASSISTANT SECRETARY POSITIONS.—The plan

2 under subsection (a) shall provide for an appropriate num3 ber of Assistant Secretaries of State to carry out the func4 tions transferred to the Department under this title.

5 SEC. 322. PRINCIPAL OFFICERS.

6 (a) UNDER SECRETARY OF STATE FOR PUBLIC DIPLO7 MACY.—

8 (1) ESTABLISHMENT.—Section 1(b) of the State

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

10 2651a(b) is amended—

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

12 following:

13 ‘‘(1) IN GENERAL.—There’’; and

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

15 ‘‘(2) UNDER SECRETARY FOR PUBLIC DIPLO16 MACY.—There shall be in the Department of State an

17 Under Secretary for Public Diplomacy who shall have

18 responsibility to assist the Secretary and the Deputy

19 Secretary in the formation and implementation of

20 United States public diplomacy policies and activi21 ties, including international educational and cultural

22 exchange programs, information, and international

23 broadcasting.’’.

24 (2) TRANSITION PROVISION.—The President may

25 appoint the individual serving as Director of the
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1 United States Information Agency on the day before

2 the effective date of this title, or such other official ap3 pointed by and with the advice and consent of the

4 Senate and serving within the Department of State or

5 the United States Information Agency as the Presi6 dent considers appropriate, to serve as the acting

7 Under Secretary for Public Diplomacy until an indi8 vidual is appointed to that office in accordance with

9 section (1)(b)(1) of the State Department Basic Au10 thorities Act of 1956, as amended by this Act.

11 (b) ASSISTANT SECRETARIES.—

12 (1) ESTABLISHMENT.—Section 1(c) of the State

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

14 2651a(c)) is amended by adding after paragraph (2)

15 the following:

16 ‘‘(3) ASSISTANT SECRETARY FOR ACADEMIC PRO17 GRAMS AND CULTURAL EXCHANGES.—There shall be

18 in the Department of State an Assistant Secretary for

19 Academic Programs and Cultural Exchanges who

20 shall report to the Under Secretary for Public Diplo21 macy.

22 ‘‘(4) ASSISTANT SECRETARY FOR INFORMATION,

23 POLICY, AND PROGRAMS.—There shall be in the De24 partment of State an Assistant Secretary for Infor-
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1 mation, Policy, and Programs who shall report to the

2 Under Secretary for Public Diplomacy.’’.

3 (2) TRANSITION PROVISION.—The President may

4 appoint such officials appointed by and with the ad5 vice and consent of the Senate and serving within the

6 Department of State or the United States Information

7 Agency as the President considers appropriate to

8 serve as the acting Assistant Secretary for Academic

9 Programs and Cultural Exchanges and to serve as the

10 acting Assistant Secretary for Information, Policy,

11 and Programs until individuals are appointed to

12 those offices in accordance with section 1(c)(1) of the

13 State Department Basic Authorities Act of 1956, as

14 amended by this Act.

15 CHAPTER 4—CONFORMING AMENDMENTS

16 SEC. 341. REFERENCES.

17 Any reference in any statute, reorganization plan, Ex18 ecutive order, regulation, agreement, determination, or

19 other official document or proceeding to—

20 (1) the Director of the United States Information

21 Agency, the Director of the International Communica22 tion Agency, or any other officer or employee of the

23 United States Information Agency shall be deemed to

24 refer to the Secretary of State; and
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1 (2) the United States Information Agency,

2 USIA, or the International Communication Agency

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

4 SEC. 342. ABOLITION OF OFFICE OF INSPECTOR GENERAL

5 OF THE UNITED STATES INFORMATION AGEN6 CY AND TRANSFER OF FUNCTIONS TO OFFICE

7 OF INSPECTOR GENERAL OF THE DEPART8 MENT OF STATE.

9 (a) ABOLITION OF OFFICE OF INSPECTOR GENERAL OF

10 THE USIA.—

11 (1) The Office of Inspector General of the United

12 States Information Agency is abolished.

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

14 1978 (5 U.S.C. App.) is amended—

15 (A) in paragraph (1) by striking ‘‘, the Of16 fice of Personnel Management or the United

17 States Information Agency’’ and inserting ‘‘or

18 the Office of Personnel Management’’; and

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

20 United States Information Agency,’’.

21 (3) Section 5315 of title 5, United States Code,

22 is amended by striking the following:

23 ‘‘Inspector General, United States Information

24 Agency.’’.
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1 (b) FUNCTIONS OF OFFICE OF INSPECTOR GENERAL

2 OF THE UNITED STATES INFORMATION AGENCY TRANS3 FERRED TO OFFICE OF INSPECTOR GENERAL OF THE DE4 PARTMENT OF STATE.—There are transferred to the Office

5 of the Inspector General of the Department of State the

6 functions that the Office of Inspector General of the United

7 States Information Agency exercised before the effective date

8 of this title (including all related functions of the Inspector

9 General of the United States Information Agency).

10 (c) TRANSFER AND ALLOCATIONS OF APPROPRIATIONS

11 AND PERSONNEL.—The Director of the Office of Manage12 ment and Budget, in consultation with the Secretary of

13 State, is authorized to make such incidental dispositions

14 of personnel, assets, liabilities, grants, contracts, property,

15 records, and unexpended balances of appropriations, au16 thorizations, allocations, and other funds held, used, arising

17 from, available to, or to be made available in connection

18 with such functions, as may be necessary to carry out the

19 provisions of this section.

20 SEC. 343. AMENDMENTS TO TITLE 5.

21 Title 5, United States Code, is amended—

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

23 United States Information Agency.’’;

24 (2) in section 5315, by striking ‘‘Deputy Direc25 tor of the United States Information Agency.’’; and
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1 (3) in section 5316, by striking ‘‘Deputy Direc2 tor, Policy and Plans, United States Information

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

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

5 SEC. 344. AMENDMENTS TO UNITED STATES INFORMATION

6 AND EDUCATIONAL EXCHANGE ACT OF 1948.

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

8 this section, the United States Information and Edu9 cational Exchange Act of 1948 (22 U.S.C. 1431 et seq.) is

10 amended—

11 (1) by striking ‘‘United States Information

12 Agency’’ each place it appears and inserting ‘‘Depart13 ment of State’’;

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

15 Information Agency’’ each place it appears and in16 serting ‘‘Secretary of State’’;

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

18 and inserting ‘‘Secretary of State’’;

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

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

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

22 and inserting ‘‘Department of State’’.

23 (b) SATELLITE AND TELEVISION BROADCASTS.—Sec24 tion 505 of the United States Information and Educational

25 Exchange Act of 1948 (22 U.S.C. 1464a) is amended—
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1 (1) by striking ‘‘Director of the United States

2 Information Agency’’ each of the places it appears

3 and inserting ‘‘Secretary of State’’;

4 (2) in subsection (b), by striking ‘‘To be effective,

5 the United States Information Agency’’ and inserting

6 ‘‘To be effective in carrying out this subsection, the

7 Department of State’’;

8 (3) by striking ‘‘USIA–TV’’ each place it ap9 pears and inserting ‘‘DEPARTMENT OF STATE–

10 TV’’; and

11 (4) by striking subsection (e).

12 (c) UNITED STATES ADVISORY COMMISSION ON PUB13 LIC DIPLOMACY.—Section 604 of the United States Infor14 mation and Educational Exchange Act of 1948 (22 U.S.C.

15 1469) is amended—

16 (1) in subsection (c)(1)—

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

18 States Information Agency,’’; and

19 (B) by striking ‘‘Director or the Agency,

20 and shall appraise the effectiveness of policies

21 and programs of the Agency’’ and inserting

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

23 and shall appraise the effectiveness of the infor24 mation, educational, and cultural policies and

25 programs of the Department’’;
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1 (2) in subsection (c)(2)—

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

3 Secretary of State, and the Director of the Unit4 ed States Information Agency’’ and inserting

5 ‘‘and the Secretary of State’’;

6 (B) in the first sentence by striking ‘‘by the

7 Agency’’ and inserting ‘‘by the Department of

8 State’’; and

9 (C) by striking ‘‘Director for effectuating

10 the purposes of the Agency’’ and inserting ‘‘Sec11 retary for effectuating the information, edu12 cational, and cultural functions of the Depart13 ment’’;

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

15 conducted by the Agency’’ and inserting ‘‘informa16 tion, educational, and cultural programs conducted

17 by the Department of State’’; and

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

19 the United States Information Agency’’ and inserting

20 ‘‘Secretary of State’’.

21 SEC. 345. AMENDMENTS TO THE MUTUAL EDUCATIONAL

22 AND CULTURAL EXCHANGE ACT OF 1961 (FUL23 BRIGHT-HAYS ACT).

24 (a) IN GENERAL.—The Mutual Educational and Cul25 tural Exchange Act of 1961 (22 U.S.C. 2451 et seq.) is
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1 amended by striking ‘‘Director of the International Com2 munication Agency’’ and ‘‘Director’’ each place either term

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

4 (b) REPEAL OF DEFUNCT ADVISORY COMMISSIONS.—

5 Section 106 of such Act (22 U.S.C. 2456) is amended by

6 striking subsection (c).

7 (c) BUREAU OF EDUCATIONAL AND CULTURAL AF8 FAIRS.—Section 112 of the Mutual Educational and Cul9 tural Exchange Act of 1961 (22 U.S.C. 2460) is amended—

10 (1) by striking the first sentence of subsection

11 (a);

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

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

14 (3) by striking subsection (e).

15 SEC. 346. INTERNATIONAL BROADCASTING ACTIVITIES.

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

17 Authorization Act, Fiscal Years 1994 and 1995 (Public

18 Law 103–236) is amended—

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

20 and inserting ‘‘Department’s’’;

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

22 the Director of the United States Information Agen23 cy,’’ and inserting ‘‘, acting through the Under Sec24 retary of State for Public Diplomacy,’’;
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1 (3) by striking ‘‘Director of the United States

2 Information Agency’’ each place it appears and in3 serting ‘‘Secretary of State’’;

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

5 Information Agency’’ that were not stricken in para6 graph (3) and inserting ‘‘Department of State’’;

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

8 and inserting ‘‘Office’’; and

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

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

11 America previously carried out by the United States

12 Information Agency),’’.

13 (b) CONFORMING AMENDMENT TO TITLE 5.—Section

14 5315 of title 5, United States Code, is amended by striking

15 ‘‘Director of the International Broadcasting Bureau, the

16 United States Information Agency’’ and inserting ‘‘Direc17 tor of the International Broadcasting Office, the Depart18 ment of State’’.

19 SEC. 347. TELEVISION BROADCASTING TO CUBA.

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

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

22 II of Public Law 101–246) (22 U.S.C. 1465bb(a)) is amend23 ed by striking ‘‘United States Information Agency (here24 after in this part referred to as the ‘Agency’)’’ and inserting
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1 ‘‘Department of State (hereafter in this part referred to as

2 the ‘Department’)’’.

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

4 Act (22 U.S.C. 1465cc) is amended—

5 (1) in subsection (a)—

6 (A) by amending the first sentence to read

7 as follows: ‘‘The Secretary of State shall admin8 ister within the Voice of America the Television

9 Marti Service.’’; and

10 (B) in the third sentence, by striking ‘‘Di11 rector of the United States Information Agency’’

12 and inserting ‘‘Secretary of State’’;

13 (2) in subsection (b)—

14 (A) in the subsection heading, by striking

15 ‘‘USIA’’ and inserting ‘‘DEPARTMENT OF

16 STATE’’,

17 (B) by striking ‘‘Agency facilities’’ and in18 serting ‘‘Department facilities’’; and

19 (C) by striking ‘‘United States Information

20 Agency Television Service’’ and inserting ‘‘De21 partment of State Television Service’’; and

22 (3) in subsection (c)—

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

24 Agency’’ and inserting ‘‘SECRETARY OF STATE

25 AUTHORITY.—The Secretary of State’’; and
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1 (B) by striking ‘‘Agency’’ the second place it

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

3 (c) ASSISTANCE FROM OTHER GOVERNMENT AGEN4 CIES.—Section 246 of such Act (22 U.S.C. 1465dd) is

5 amended—

6 (1) by striking ‘‘United States Information

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

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

9 Department’’.

10 (d) AUTHORIZATION OF APPROPRIATIONS.—Section

11 247(a) of such Act (22 U.S.C. 1465ee(a)) is repealed.

12 SEC. 348. RADIO BROADCASTING TO CUBA.

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

14 Section 3 of the Radio Broadcasting to Cuba Act (22 U.S.C.

15 1465a) is amended—

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

17 STATES INFORMATION AGENCY’’ and inserting ‘‘DE18 PARTMENT OF STATE’’;

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

20 Information Agency (hereafter in this Act referred to

21 as the ‘Agency’)’’ and inserting ‘‘Department of State

22 (hereafter in this Act referred to as the ‘Depart23 ment’)’’; and
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1 (3) in subsection (f), by striking ‘‘Director of the

2 United States Information Agency’’ and inserting

3 ‘‘Secretary of State’’.

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

5 1465b) is amended—

6 (1) by amending the first sentence to read as fol7 lows: ‘‘The Secretary of State shall administer within

8 the Voice of America the Cuba Service (hereafter in

9 this section referred to as the ‘Service’).’’; and

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

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

13 (c) ASSISTANCE FROM OTHER GOVERNMENT AGEN14 CIES.—Section 6 of such Act (22 U.S.C. 1465d) is amend15 ed—

16 (1) in subsection (a)—

17 (A) by striking ‘‘United States Information

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

19 and

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

21 ‘‘the Department’’; and

22 (2) in subsection (b)—

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

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

2 ‘‘the Secretary of State’’.

3 (d) FACILITY COMPENSATION.—Section 7 of such Act

4 (22 U.S.C. 1465e) is amended—

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

6 and inserting ‘‘the Department’’; and

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

8 inserting ‘‘Department’’.

9 (e) AUTHORIZATION OF APPROPRIATIONS.—Section 8

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

11 (1) by striking subsections (a) and (b) and in12 serting the following:

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

14 each fiscal year to carry out this Act shall be sufficient to

15 maintain broadcasts to Cuba under this Act at rates no

16 less than the fiscal year 1985 level of obligations by the

17 former United States Information Agency for such broad18 casts.’’; and

19 (2) by redesignating subsection (c) as subsection

20 (b).

21 SEC. 349. NATIONAL ENDOWMENT FOR DEMOCRACY.

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

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

24 (1) in subsection (a)—
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1 (A) by striking ‘‘Director of the United

2 States Information Agency’’ and inserting ‘‘Sec3 retary of State’’;

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

5 ‘‘the Department of State’’; and

6 (C) by striking ‘‘the Director’’ and inserting

7 ‘‘the Secretary of State’’; and

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

9 Information Agency’’ and inserting ‘‘Department of

10 State’’.

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

12 4413(g)) is amended by striking ‘‘United States Informa13 tion Agency’’ and inserting ‘‘Department of State’’.

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

15 Act (22 U.S.C. 4415) is amended—

16 (1) in subsection (b)—

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

18 places it appears and inserting ‘‘Secretary’’; and

19 (B) by striking ‘‘of the United States Infor20 mation Agency’’ and inserting ‘‘of State’’; and

21 (2) in subsection (c)—

22 (A) in the subsection heading by striking

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

24 STATE’’;
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1 (B) by striking ‘‘Director’’ each of the three

2 places it appears and inserting ‘‘Secretary’’;

3 (C) by striking ‘‘of the United States Infor4 mation Agency’’ and inserting ‘‘of State’’; and

5 (D) by striking ‘‘United States Information

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

7 SEC. 350. UNITED STATES SCHOLARSHIP PROGRAM FOR DE8 VELOPING COUNTRIES.

9 (a) PROGRAM AUTHORITY.—Section 603 of the For10 eign Relations Authorization Act, Fiscal Years 1986 and

11 1987 (22 U.S.C. 4703) is amended by striking ‘‘United

12 States Information Agency’’ and inserting ‘‘Department of

13 State’’.

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

15 U.S.C. 4704(11)) is amended by striking ‘‘United States In16 formation Agency’’ and inserting ‘‘Department of State’’.

17 (c) POLICY REGARDING OTHER INTERNATIONAL EDU18 CATIONAL PROGRAMS.—Section 606(b) of such Act (22

19 U.S.C. 4706(b)) is amended—

20 (1) in the subsection heading, by striking

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

22 (2) by striking ‘‘Director of United States Infor23 mation Agency’’ and inserting ‘‘Secretary of State’’.

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

25 Act (22 U.S.C. 4709(e)) is amended by striking ‘‘United
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1 States Information Agency’’ and inserting ‘‘Department of

2 State’’.

3 SEC. 351. FASCELL FELLOWSHIP BOARD.

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

5 U.S.C. 4902(b)) is amended—

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

7 ‘‘9 members’’ and inserting ‘‘8 members’’;

8 (2) by striking paragraph (3); and

9 (3) by redesignating paragraph (4) as para10 graph (3).

11 SEC. 352. NATIONAL SECURITY EDUCATION BOARD.

12 Section 803 of the Intelligence Authorization Act, Fis13 cal Year 1992 (50 U.S.C. 1903(b)) is amended—

14 (1) in subsection (b)—

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

16 (B) by redesignating paragraphs (7) and

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

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

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

20 SEC. 353. CENTER FOR CULTURAL AND TECHNICAL INTER21 CHANGE BETWEEN NORTH AND SOUTH.

22 Section 208 of the Foreign Relations Authorization

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

24 amended by striking ‘‘Director of the United States Infor-
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1 mation Agency’’ each place it appears and inserting ‘‘Sec2 retary of State’’.

3 SEC. 354. EAST-WEST CENTER.

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

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

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

7 ‘‘Director of the United States Information Agency

8 (hereinafter referred to as the ‘Director’)’’ and insert9 ing ‘‘Secretary of State (hereinafter referred to as the

10 ‘Secretary’)’’; and

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

12 and’’.

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

14 U.S.C. 2056) is amended—

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

16 Information Agency’’ and inserting ‘‘Secretary of

17 State’’; and

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

19 and inserting ‘‘Secretary’’.

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

21 Section 202 of the Foreign Relations Authorization

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

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

24 the International Communication Agency’’ and in25 serting ‘‘mission of the Department of State in carry-
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1 ing out its information, educational, and cultural

2 functions’’;

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

4 paragraph (1), by striking ‘‘International Commu5 nication Agency’’ and inserting ‘‘Department of

6 State’’;

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

8 and inserting ‘‘Department’’; and

9 (4) in paragraph (5), by striking ‘‘mission of the

10 Agency’’ and inserting ‘‘mission described in this sec11 tion’’.

12 SEC. 356. CONSOLIDATION OF ADMINISTRATIVE SERVICES.

13 Section 23(a) of the State Department Basic Authori14 ties Act of 1956 (22 U.S.C. 2695(a)) is amended—

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

16 through ‘‘Agency)’’; and

17 (2) by striking ‘‘other such agencies’’ and insert18 ing ‘‘other Federal agencies’’.

19 SEC. 357. GRANTS.

20 Section 212 of the Foreign Relations Authorization

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

22 amended—

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

24 Information Agency’’ and inserting ‘‘Department of
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1 State, in carrying out its international information,

2 educational, and cultural functions,’’;

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

4 Information Agency’’ and inserting ‘‘Department of

5 State’’;

6 (3) in subsection (c)—

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

8 States Information Agency shall substantially

9 comply with United States Information Agency’’

10 and inserting ‘‘Department of State, in carrying

11 out its international information, educational,

12 and cultural functions, shall substantially com13 ply with Department of State’’; and

14 (B) in paragraphs (2) and (3)—

15 (i) by striking ‘‘United States Infor16 mation Agency’’ and inserting ‘‘Department

17 of State’’; and

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

19 places it appears and inserting ‘‘Depart20 ment’’; and

21 (4) by striking subsection (d).

22 SEC. 358. BAN ON DOMESTIC ACTIVITIES.

23 Section 208 of the Foreign Relations Authorization

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

25 amended—
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1 (1) by striking out ‘‘United States Information

2 Agency’’ each of the two places it appears and insert3 ing ‘‘Department of State’’; and

4 (2) by inserting ‘‘in carrying out its inter5 national information, educational, and cultural ac6 tivities’’ before ‘‘shall be distributed’’.

7 SEC. 359. CONFORMING REPEAL TO THE ARMS CONTROL

8 AND DISARMAMENT ACT.

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

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

11 SEC. 360. REPEAL RELATING TO PROCUREMENT OF LEGAL

12 SERVICES.

13 Section 26(b) of the State Department Basic Authori14 ties Act of 1956 (22 U.S.C. 2698(b)) is repealed.

15 SEC. 361. REPEAL RELATING TO PAYMENT OF SUBSISTENCE

16 EXPENSES.

17 Section 32 of the State Department Basic Authorities

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

19 second sentence.

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

21 Section 2(c) of the Support for East European Democ22 racy (SEED) Act of 1989 (22 U.S.C. 5401(c)) is amended

23 in paragraph (17) by striking ‘‘United States Information

24 Agency’’ and inserting ‘‘Department of State’’.
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1 SEC. 363. INTERNATIONAL CULTURAL AND TRADE CENTER

2 COMMISSION.

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

4 (40 U.S.C. 1106(c)) is amended—

5 (1) in the text above subparagraph (A), by strik6 ing ‘‘15 members’’ and inserting ‘‘14 members’’;

7 (2) by striking subparagraph (F); and

8 (3) by redesignating subparagraphs (G) through

9 (J) as subparagraphs (F) through (I), respectively.

10 SEC. 364. FOREIGN SERVICE ACT OF 1980.

11 (a) OTHER AGENCIES UTILIZING SERVICE.—Section

12 202(a) of the Foreign Service Act of 1980 (22 U.S.C.

13 3922(a)) is amended by striking paragraph (1).

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

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

16 United States Information Agency, the United States Inter17 national Development Cooperation Agency,’’.

18 SEC. 365. AU PAIR PROGRAMS.

19 Section 8 of the Eisenhower Exchange Fellowship Act

20 of 1990 (Public Law 101–454) is amended by striking ‘‘Di21 rector of the United States Information Agency’’ and insert22 ing ‘‘Secretary of State’’.
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1 SEC. 366. EXCHANGE PROGRAM WITH COUNTRIES IN TRAN2 SITION FROM TOTALITARIANISM TO DEMOC3 RACY.

4 Section 602 of the National and Community Service

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

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

7 striking ‘‘United States Information Agency’’ and in8 serting ‘‘Department of State’’; and

9 (2) in subsection (b)—

10 (A) by striking ‘‘appropriations account of

11 the United States Information Agency’’ and in12 serting ‘‘appropriate appropriations account of

13 the Department of State’’; and

14 (B) by striking ‘‘and the United States In15 formation Agency’’.

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

17 Section 227 of the Foreign Relations Authorization

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

19 amended—

20 (1) by striking ‘‘United States Information

21 Agency’’ each place it appears and inserting ‘‘Depart22 ment of State’’; and

23 (2) by striking subsection (d).
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1 SEC. 368. IMPLEMENTATION OF CONVENTION ON CUL2 TURAL PROPERTY.

3 Title III of the Convention on Cultural Property Im4 plementation Act (19 U.S.C. 2601 et seq.) is amended by

5 striking ‘‘Director of the United States Information Agen6 cy’’ each place it appears and inserting ‘‘Secretary of

7 State’’.

8 SEC. 369. MIKE MANSFIELD FELLOWSHIPS.

9 Section 252(a) of the Foreign Relations Authorization

10 Act, Fiscal Years 1994 and 1995 (22 U.S.C. 6101(a)) is

11 amended by striking ‘‘Director of the United States Infor12 mation Agency’’ and inserting ‘‘Secretary of State’’.

13 TITLE IV—AGENCY FOR

14 INTERNATIONAL DEVELOPMENT

15 CHAPTER 1—GENERAL PROVISIONS

16 SEC. 401. EFFECTIVE DATE.

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

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

19 take effect—

20 (1) on March 1, 1997; or

21 (2) on such earlier date as the President shall de22 termine to be appropriate and announce by notice

23 published in the Federal Register, which date may be

24 not earlier than 60 calendar days (excluding any day

25 on which either House of Congress is not in session

26 because of an adjournment sine die) after the Presi-
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1 dent has submitted a reorganization plan to the ap2 propriate congressional committees pursuant to sec3 tion 421.

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

5 effect on the date of enactment of this Act.

6 SEC. 402. REFERENCES IN TITLE.

7 Except as specifically provided in this title, whenever

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

9 of an amendment to, or repeal of, a provision, the reference

10 shall be considered to be made to a provision of the Foreign

11 Assistance Act of 1961.

12 CHAPTER 2—ABOLITION OF THE AGENCY

13 FOR INTERNATIONAL DEVELOPMENT

14 AND TRANSFER OF FUNCTIONS TO

15 SECRETARY OF STATE

16 SEC. 411. ABOLITION OF AGENCY FOR INTERNATIONAL DE17 VELOPMENT AND THE INTERNATIONAL DE18 VELOPMENT COOPERATION AGENCY.

19 The Agency for International Development and the

20 International Development Cooperation Agency are abol21 ished.

22 SEC. 412. TRANSFER OF FUNCTIONS TO SECRETARY OF

23 STATE.

24 There are transferred to the Secretary of State all func25 tions of the Administrator of the Agency for International
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1 Development and the Director of the International Develop2 ment Cooperation Agency and all functions of the Agency

3 for International Development and the International Devel4 opment Cooperation Agency and any officer or component

5 of such agencies under any statute, reorganization plan,

6 Executive order, or other provision of law before the effective

7 date of this title, except as otherwise provided in this title.

8 CHAPTER 3—REORGANIZATION OF DE9 PARTMENT OF STATE RELATING TO

10 FUNCTIONS TRANSFERRED UNDER

11 THIS TITLE

12 SEC. 421. REORGANIZATION PLAN.

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

14 1996, the President, in consultation with the Secretary and

15 the Administrator of the Agency for International Develop16 ment, shall transmit to the appropriate congressional com17 mittees a reorganization plan providing for—

18 (1) the abolition of the Agency for International

19 Development in accordance with this title;

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

21 functions and personnel of the Agency for Inter22 national Development consistent with the provisions

23 of this title; and

24 (3) the consolidation, reorganization, and

25 streamlining of the Department upon the transfer of
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1 functions under this title in order to carry out such

2 functions.

3 (b) PLAN ELEMENTS.—The plan under subsection (a)

4 shall—

5 (1) identify the functions of the Agency for Inter6 national Development that will be transferred to the

7 Department under the plan;

8 (2) identify the personnel and positions of the

9 Agency (including civil service personnel, Foreign

10 Service personnel, and detailees) that will be trans11 ferred to the Department, separated from service with

12 the Agency, or be eliminated under the plan, and set

13 forth a schedule for such transfers, separations, and

14 terminations;

15 (3) identify the personnel and positions of the

16 Department (including civil service personnel, For17 eign Service personnel, and detailees) that will be

18 transferred within the Department, separated from

19 service with the Department, or eliminated under the

20 plan, and set forth a schedule for such transfers, sepa21 rations, and terminations;

22 (4) specify the consolidations and reorganization

23 of functions of the Department that will be required

24 under the plan in order to permit the Department to
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1 carry out the functions transferred to the Department

2 under the plan;

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

4 International Development that will be transferred to

5 the Department under this title as a result of the

6 transfer of functions of the Agency to the Department;

7 (6) specify the proposed allocations within the

8 Department of unexpended funds transferred in con9 nection with the transfer of functions under the plan;

10 and

11 (7) specify the proposed disposition of the prop12 erty, facilities, contracts, records, and other assets and

13 liabilities of the Agency in connection with the trans14 fer of the functions of the Agency to the Department.

15 (c) ASSISTANT SECRETARY POSITIONS.—The plan

16 under subsection (a) shall provide for an appropriate num17 ber of Assistant Secretaries of State to carry out the func18 tions transferred to the Department under this title.

19 SEC. 422. PRINCIPAL OFFICERS.

20 (a) UNDER SECRETARY OF STATE FOR DEVELOPMENT

21 AND ECONOMIC AFFAIRS.—

22 (1) ESTABLISHMENT.—Section 1(b) of the State

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

24 2651a(b)) is amended by adding after paragraph (2)

25 the following new paragraph:
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1 ‘‘(3) UNDER SECRETARY FOR DEVELOPMENT AND

2 ECONOMIC AFFAIRS.—There shall be in the Depart3 ment of State an Under Secretary for Development

4 and Economic Affairs who shall assist the Secretary

5 and the Deputy Secretary in the formation and im6 plementation of United States policies and activities

7 concerning international development and economic

8 affairs.’’.

9 (b) TRANSITION PROVISION.—The President may ap10 point the individual serving as Administrator of the Agency

11 for International Development on the day before the effective

12 date of this title, or such other official appointed by and

13 with the advice and consent of the Senate and serving with14 in the Department of State or the Agency for International

15 Development as the President considers appropriate, to

16 serve as the acting Under Secretary for Development and

17 Economic Affairs until an individual is appointed to that

18 office in accordance with section 1(b)(1) of the State De19 partment Basic Authorities Act of 1956, as amended by this

20 Act.

21 CHAPTER 4—CONFORMING AMENDMENTS

22 SEC. 441. REFERENCES.

23 Any reference in any statute, reorganization plan, Ex24 ecutive order, regulation, agreement, determination, or

25 other official document or proceeding to—
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1 (1) the Administrator of the Agency for Inter2 national Development, or any other officer or em3 ployee of the Agency for International Development

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

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

6 of the International Development Cooperation Agency

7 (IDCA) shall be deemed to refer to the Secretary of

8 State; or

9 (3) the Agency for International Development,

10 AID, the agency primarily responsible for administer11 ing part I of the Foreign Assistance Act of 1961, or

12 the International Development Cooperation Agency

13 (IDCA) shall be deemed to refer to the Department of

14 State.

15 SEC. 442. ABOLITION OF OFFICE OF INSPECTOR GENERAL

16 OF THE AGENCY FOR INTERNATIONAL DEVEL17 OPMENT AND TRANSFER OF FUNCTIONS TO

18 OFFICE OF INSPECTOR GENERAL OF THE DE19 PARTMENT OF STATE.

20 (a) ABOLITION OF OFFICE OF INSPECTOR GENERAL OF

21 THE AGENCY FOR INTERNATIONAL DEVELOPMENT.—The

22 Office of Inspector General of the Agency for International

23 Development is abolished.
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1 (b) AMENDMENTS TO THE INSPECTOR GENERAL ACT

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

3 App.) is amended as follows:

4 (1) Section 8A is repealed.

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

6 Administrator of the Agency for International Devel7 opment,’’.

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

9 Agency for International Development,’’.

10 (c) AMENDMENTS TO TITLE 5, UNITED STATES

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

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

13 Agency for International Development.’’.

14 (d) FUNCTIONS OF OFFICE OF INSPECTOR GENERAL

15 OF THE AGENCY FOR INTERNATIONAL DEVELOPMENT

16 TRANSFERRED TO OFFICE OF INSPECTOR GENERAL OF THE

17 DEPARTMENT OF STATE.—There are transferred to the Of18 fice of Inspector General of the Department of State the

19 functions that the Office of Inspector General of the Agency

20 for International Development exercised before the effective

21 date of this title (including all related functions of the In22 spector General of the Agency for International Develop23 ment).

24 (e) TRANSFER AND ALLOCATIONS OF APPROPRIATIONS

25 AND PERSONNEL.—The Inspector General of the Depart-
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1 ment of State, is authorized to make such incidental dis2 positions of personnel, assets, liabilities, grants, contracts,

3 property, records, and unexpended balances of appropria4 tions, authorizations, allocations, and other funds held,

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

6 in connection with such functions, as may be necessary to

7 carry out the provisions of this section.

8 SEC. 443. ABOLITION OF CHIEF FINANCIAL OFFICER OF THE

9 AGENCY FOR INTERNATIONAL DEVELOPMENT

10 AND TRANSFER OF FUNCTIONS TO CHIEF FI11 NANCIAL OFFICER DEPARTMENT OF STATE.

12 (a) ABOLITION OF OFFICE OF CHIEF FINANCIAL OFFI13 CER OF THE AGENCY FOR INTERNATIONAL DEVELOP14 MENT.—The Office of Chief Financial Officer of the Agency

15 for International Development is abolished.

16 (b) AMENDMENT TO TITLE 31, UNITED STATES

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

18 is amended by striking subparagraph (A).

19 (c) FUNCTIONS OF OFFICE OF CHIEF FINANCIAL OFFI20 CER OF THE AGENCY FOR INTERNATIONAL DEVELOPMENT

21 TRANSFERRED TO OFFICE OF CHIEF FINANCIAL OFFICER

22 OF THE DEPARTMENT OF STATE.—There are transferred to

23 the Office of Chief Financial Officer of the Department of

24 State the functions that the Office of Chief Financial Officer

25 of the Agency for International Development exercised be-
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1 fore the effective date of this title (including all related func2 tions of the Chief Financial Officer of the Agency for Inter3 national Development).

4 (d) TRANSFER AND ALLOCATIONS OF APPROPRIATIONS

5 AND PERSONNEL.—The Director of the Office of Manage6 ment and Budget, in consultation with the Secretary of

7 State, is authorized to make such incidental dispositions

8 of personnel, assets, liabilities, grants, contracts, property,

9 records, and unexpended balances of appropriations, au10 thorizations, allocations, and other funds held, used, arising

11 from, available to, or to be made available in connection

12 with such functions, as may be necessary to carry out the

13 provisions of this section.

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

15 Title 5, United States Code, is amended—

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

17 Agency for International Development.’’;

18 (2) in section 5314, by striking ‘‘Deputy Admin19 istrator, Agency for International Development.’’;

20 (3) in section 5315—

21 (A) by striking ‘‘Assistant Administrators,

22 Agency for International Development (6).’’; and

23 (B) by striking ‘‘Regional Assistant Admin24 istrators, Agency for International Development

25 (4).’’; and
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1 (4) in section 5316 by striking ‘‘General Counsel

2 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 ‘‘Under Secretary of State for Develop8 ment and Economic Affairs’’.

9 TITLE V—TRANSITION

10 SEC. 501. REORGANIZATION AUTHORITY.

11 (a) IN GENERAL.—The Secretary is authorized, subject

12 to the requirements of this division, to allocate or reallocate

13 any function transferred to the Department under any title

14 of this division among the officers of the Department, and

15 to establish, consolidate, alter, or discontinue such organiza16 tional entities within the Department as may be necessary

17 or appropriate to carry out any reorganization under this

18 division, but the authority of the Secretary under this sec19 tion does not extend to—

20 (1) the abolition of organizational entities or of21 ficers established by this Act or any other Act; or

22 (2) the alteration of the delegation of functions

23 to any specific organizational entity or officer re24 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 compo13 nent or part of an existing executive department or

14 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 unex22 pended 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 by
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1 any title of this division, subject to section 1531 of title

2 31, United States Code, shall be transferred to the Secretary

3 for appropriate allocation.

4 (b) LIMITATION ON USE OF TRANSFERRED FUNDS.—

5 Unexpended and unobligated funds transferred pursuant to

6 any title of this division shall be used only for the purposes

7 for which the funds were originally authorized and appro8 priated.

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 au13 thorized to be employed by such agency shall be added to

14 the limitations under such section which apply to the De15 partment of State.

16 SEC. 503. INCIDENTAL TRANSFERS.

17 The Director of the Office of Management and Budget,

18 in consultation with the Secretary of State, is authorized

19 to make such incidental dispositions of personnel, assets,

20 liabilities, grants, contracts, property, records, and unex21 pended balances of appropriations, authorizations, alloca22 tions, and other funds held, used, arising from, available

23 to, or to be made available in connection with such func24 tions, as may be necessary to carry out the provisions of

25 any title of this division. The Director of the Office of Man-
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1 agement and Budget, in consultation with the Secretary of

2 State, shall provide for the termination of the affairs of all

3 entities terminated by this division and for such further

4 measures and dispositions as may be necessary to effectuate

5 the purposes of any title of this division.

6 SEC. 504. EFFECT ON PERSONNEL.

7 (a) EXECUTIVE SCHEDULE POSITIONS.—Except as

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

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

10 functions of which are transferred under any title of this

11 division, held a position compensated in accordance with

12 the Executive Schedule prescribed in chapter 53 of title 5,

13 United States Code, and who, without a break in service,

14 is appointed in the Department to a position having duties

15 comparable to the duties performed immediately preceding

16 such appointment shall continue to be compensated in such

17 new position at not less than the rate provided for such

18 previous position, for the duration of the service of such per19 son in such new position.

20 (b) TERMINATION OF CERTAIN POSITIONS.—Positions

21 whose incumbents are appointed by the President, by and

22 with the advice and consent of the Senate, the functions of

23 which are transferred by any title of this division, shall

24 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 ex3 cepted service or the Senior Executive Service, any appoint4 ment authority established pursuant to law or regulations

5 of the Office of Personnel Management for filling such posi6 tions 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 authority

10 relates to positions excepted from the competitive service be11 cause of their confidential, policy-making, policy-determin12 ing, or policy-advocating character, and noncareer posi13 tions in the Senior Executive Service (within the meaning

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

15 (d) EMPLOYEE BENEFIT PROGRAMS.—(1) Any em16 ployee accepting employment with the Department of State

17 as a result of a transfer pursuant to any title of this divi18 sion may retain for 1 year after the date such transfer oc19 curs membership in any employee benefit program of the

20 former agency, including insurance, to which such employee

21 belongs on the date of the enactment of this Act if—

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

23 benefit or membership in the program; and

24 (B) the benefit or program is continued by the

25 Secretary of State.
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1 (2) The difference in the costs between the benefits

2 which would have been provided by such agency or entity

3 and those provided by this section shall be paid by the Sec4 retary of State. If any employee elects to give up member5 ship in a health insurance program or the health insurance

6 program is not continued by the Secretary of State, the em7 ployee shall be permitted to select an alternate Federal

8 health insurance program within 30 days of such election

9 or notice, without regard to any other regularly scheduled

10 open season.

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

12 the career Senior Executive Service who is transferred pur13 suant to any title of this division shall be placed in a posi14 tion at the Department of State which is comparable to the

15 position the employee held in the agency.

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

17 be provided reasonable notice of new positions and assign18 ments prior to their transfer pursuant to any title of this

19 division.

20 (2) Foreign Service personnel transferred to the De21 partment of State pursuant to any title of this division

22 shall be eligible for any assignment open to Foreign Service

23 personnel within the Department for which such transferred

24 personnel are qualified.
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1 (g) TREATMENT OF PERSONNEL EMPLOYED IN TERMI2 NATED FUNCTIONS.—The provisions of this subsection shall

3 apply with respect to officers and employees of the agencies

4 identified in section 505(b) whose employment is termi5 nated as a result of the abolition of the agency or the reorga6 nization and consolidation of functions of the Department

7 of State under any title of this division:

8 (1) Under such regulations as the Office of Per9 sonnel Management may prescribe, the head of any

10 agency in the executive branch may appoint in the

11 competitive service any person who is certified by the

12 head of the former agency as having served satisfac13 torily in the former agency and who passes such ex14 amination as the Office of Personnel Management

15 may prescribe. Any person so appointed shall, upon

16 completion of the prescribed probationary period, ac17 quire a competitive status.

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

19 branch having an established merit system in the ex20 cepted service may appoint in such service any per21 son who is certified by the head of the former agency

22 as having served satisfactorily in the former agency

23 and who passes such examination as the head of such

24 agency in the executive branch may prescribe.
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1 (3) Any appointment under this subsection shall

2 be made within a period of one year after completion

3 of the appointee’s service in the former agency.

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

5 which would disqualify an applicant for appointment

6 in the competitive service or in the excepted service

7 concerned shall also disqualify an applicant for ap8 pointment under this subsection.

9 SEC. 505. VOLUNTARY SEPARATION INCENTIVES.

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

11 agency referred to in subsection (b) may pay voluntary in12 centive payments to employees of the agency in order to

13 avoid or minimize the need for involuntary separations

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

15 and the reorganization and consolidation of functions of the

16 Department of State under any title of this division.

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

18 the following agencies:

19 (1) The Department of State.

20 (2) The United States Arms Control and Disar21 mament Agency.

22 (3) The United States Information Agency.

23 (4) The Agency for International Development.

24 (c) PAYMENT REQUIREMENTS.—The head of an agency

25 shall pay voluntary separation incentive payments in ac-
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1 cordance with the provisions of section 3 of the Federal

2 Workforce Restructuring Act of 1994 (Public Law 103–226;

3 108 Stat. 111), except that an employee of the agency shall

4 be deemed to be eligible for payment of a voluntary separa5 tion incentive payment under that section if the employee

6 separates from service with the agency during the period

7 beginning on the date of enactment of this Act and end8 ing—

9 (1) in the case of an agency referred to in para10 graph (2), (3), or (4) of subsection (b), on the date of

11 the abolition of that agency under this division; and

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

13 September 30, 1997.

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

15 the head of an agency to authorize payment of voluntary

16 separation incentive payments under this section shall ex17 pire on—

18 (1) in the case of an agency referred to in para19 graph (2), (3), or (4) of subsection (b), on the date of

20 the abolition of that agency under this division; and

21 (2) in the case of the Department of State, Sep22 tember 30, 1997.

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

24 authority (within the meaning of section 401 of the Con25 gressional Budget Act of 1974) which is provided under this
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1 section shall be effective for any fiscal year only to the ex2 tent or in such amounts as are provided in advance in ap3 propriations Acts.

4 (f) EFFECT OF SUBSEQUENT EMPLOYMENT WITH THE

5 GOVERNMENT.—An employee who has received a voluntary

6 separation incentive payment under this section and ac7 cepts employment with the Government of the United States

8 within 5 years after the date of the separation on which

9 the payment is based shall be required to repay the entire

10 amount of the incentive payment to the agency that paid

11 the incentive payment.

12 (g) ADDITIONAL AGENCY CONTRIBUTIONS TO THE RE13 TIREMENT FUND.—

14 (1) IN GENERAL.—In addition to any other pay15 ments which it is required to make under subchapter

16 III of chapter 83 or chapter 84 of title 5, United

17 States Code, in fiscal years 1996, 1997, and 1998

18 each agency under subsection (b) of this section shall,

19 before the end of each such fiscal year, remit to the

20 Office of Personnel Management for deposit in the

21 Treasury of the United States for credit of the Civil

22 Service Retirement and Disability Fund an amount

23 equal to the product of—

24 (A) the number of employees of such agency

25 who, as of March 31st of such fiscal year, are
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1 subject to subchapter III of chapter 83 or chapter

2 84 of such title; multiplied by

3 (B) $80.

4 (2) REGULATIONS.—The Director of the Office of

5 Personnel Management may prescribe any regulations

6 necessary to carry out this subsection.

7 SEC. 506. SAVINGS PROVISIONS.

8 (a) CONTINUING LEGAL FORCE AND EFFECT.—All or9 ders, determinations, rules, regulations, permits, agree10 ments, grants, contracts, certificates, licenses, registrations,

11 privileges, and other administrative actions—

12 (1) that have been issued, made, granted, or al13 lowed to become effective by the President, any Fed14 eral agency or official thereof, or by a court of com15 petent jurisdiction, in the performance of functions

16 that are transferred under any title of this division;

17 and

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

19 effect, or were final before the effective date of such

20 title and are to become effective on or after the effec21 tive date of such title,

22 shall continue in effect according to their terms until modi23 fied, terminated, superseded, set aside, or revoked in accord24 ance with law by the President, the Secretary, or other au-
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1 thorized official, a court of competent jurisdiction, or by

2 operation of law.

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

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

5 including notices of proposed rulemaking, or any applica6 tion for any license, permit, certificate, or financial assist7 ance pending on the effective date of any title of this divi8 sion before any department, agency, commission, or compo9 nent thereof, functions of which are transferred by any title

10 of this division. Such proceedings and applications, to the

11 extent that they relate to functions so transferred, shall be

12 continued.

13 (2) Orders shall be issued in such proceedings, appeals

14 shall be taken therefrom, and payments shall be made pur15 suant to such orders, as if this Act had not been enacted.

16 Orders issued in any such proceedings shall continue in ef17 fect until modified, terminated, superseded, or revoked by

18 the Secretary, by a court of competent jurisdiction, or by

19 operation of law.

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

21 discontinuance or modification of any such proceeding

22 under the same terms and conditions and to the same extent

23 that such proceeding could have been discontinued or modi24 fied 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.—Except

5 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 Act,

8 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 enacted.

12 (d) NON-ABATEMENT OF PROCEEDINGS.—No suit, ac13 tion, or other proceeding commenced by or against any offi14 cer in the official capacity of such individual as an officer

15 of any department or agency, functions of which are trans16 ferred by any title of this division, shall abate by reason

17 of the enactment of this Act. No cause of action by or

18 against any department or agency, functions of which are

19 transferred by any title of this division, or by or against

20 any officer thereof in the official capacity of such officer

21 shall abate by reason of the enactment of this Act.

22 (e) CONTINUATION OF PROCEEDING WITH SUBSTI23 TUTION OF PARTIES.—If, before the date on which any title

24 of this division takes effect, any department or agency, or

25 officer thereof in the official capacity of such officer, is a
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1 party to a suit, and under this Act any function of such

2 department, agency, or officer is transferred to the Sec3 retary or any other official of the Department, then such

4 suit shall be continued with the Secretary or other appro5 priate official of the Department substituted or added as

6 a party.

7 (f) REVIEWABILITY OF ORDERS AND ACTIONS UNDER

8 TRANSFERRED FUNCTIONS.—Orders and actions of the Sec9 retary in the exercise of functions transferred under any

10 title of this division shall be subject to judicial review to

11 the same extent and in the same manner as if such orders

12 and actions had been by the agency or office, or part thereof,

13 exercising such functions immediately preceding their

14 transfer. Any statutory requirements relating to notice,

15 hearings, action upon the record, or administrative review

16 that apply to any function transferred by any title of this

17 division shall apply to the exercise of such function by the

18 Secretary.

19 SEC. 507. PROPERTY AND FACILITIES.

20 The Secretary of State shall review the property and

21 facilities transferred to the Department under this division

22 to determine whether such property and facilities are re23 quired by the Department.
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1 SEC. 508. AUTHORITY OF SECRETARY TO FACILITATE TRAN2 SITION.

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 functions

8 that will be or have been transferred to the Depart9 ment by any title of this division; and

10 (2) funds appropriated to such functions for such

11 period of time as may reasonably be needed to facili12 tate the orderly implementation of any title of this

13 division.

14 SEC. 509. RECOMMENDATIONS FOR ADDITIONAL CONFORM15 ING AMENDMENTS.

16 The Congress urges the President, in consultation with

17 the Secretary of State and the heads of other appropriate

18 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 division.

22 SEC. 510. FINAL REPORT.

23 Not later than October 1, 1998, the President, in con24 sultation with the Secretary of the Treasury and the Direc25 tor of the Office of Management and Budget shall submit

26 to the appropriate congressional committees a report which
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1 provides a final accounting of the finances and operations

2 of the United States Arms Control and Disarmament Agen3 cy, the United States Information Agency, and the Agency

4 for International Development.

5 SEC. 511. SEVERABILITY.

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

7 person or circumstance is held invalid, neither the remain8 der of this division nor the application of the provision to

9 other persons or circumstances shall be affected.

10 DIVISION B—FOREIGN

11 RELATIONS AUTHORIZATIONS

12 TITLE XX—GENERAL

13 PROVISIONS

14 SEC. 2001. SHORT TITLE.

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

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

17 SEC. 2002. DEFINITIONS.

18 The following terms have the following meaning for the

19 purposes of this division:

20 (1) The term ‘‘AID’’ means the Agency for Inter21 national Development.

22 (2) The term ‘‘ACDA’’ means the United States

23 Arms Control and Disarmament Agency.

24 (3) The term ‘‘appropriate congressional com25 mittees’’ means the Committee on International Rela-
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1 tions of the House of Representatives and the Com2 mittee of Foreign Relations of the Senate.

3 (4) The term ‘‘Department’’ means the Depart4 ment of State.

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

6 given to the term ‘‘agency’’ by section 551(1) of title

7 5, United States Code.

8 (6) The term ‘‘function’’ means any duty, obliga9 tion, power, authority, responsibility, right, privilege,

10 activity, or program.

11 (7) The term ‘‘office’’ includes any office, admin12 istration, agency, institute, unit, organizational en13 tity, or component thereof.

14 (8) The term ‘‘Secretary’’ means the Secretary of

15 State.

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

17 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 CHAPER 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 Af13 fairs’’ 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 immi7 grant visas are currently available.

8 (2) SALARIES AND EXPENSES.—

9 (A) AUTHORIZATION OF APPROPRIA10 TIONS.—For ‘‘Salaries and Expenses’’, of the De11 partment of State $366,276,000 for the fiscal

12 year 1996 and $355,287,000 for the fiscal year

13 1997.

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

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

17 for fiscal year 1997 are authorized to be appro18 priated only for salaries and expenses of the Bu19 reau of Refugee and Migration Assistance.

20 (3) CAPITAL INVESTMENT FUND.—For ‘‘Capital

21 Investment Fund’’, of the Department of State

22 $20,000,000 for the fiscal year 1996 and $20,000,000

23 for the fiscal year 1997.

24 (4) ACQUISITION AND MAINTENANCE OF BUILD25 INGS ABROAD.—For ‘‘Acquisition and Maintenance of
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1 Buildings Abroad’’, $391,760,000 for the fiscal year

2 1996 and $391,760,000 for the fiscal year 1997.

3 (5) REPRESENTATION ALLOWANCES.—For ‘‘Rep4 resentation Allowances’’, $4,780,000 for the fiscal year

5 1996 and $4,780,000 for the fiscal year 1997.

6 (6) EMERGENCIES IN THE DIPLOMATIC AND CON7 SULAR SERVICE.—For ‘‘Emergencies in the Diplo8 matic and Consular Service’’, $6,000,000 for the fis9 cal 1996 and $6,000,000 for the fiscal year 1997.

10 (7) OFFICE OF THE INSPECTOR GENERAL.—For

11 ‘‘Office of the Inspector General’’, $23,469,000 for the

12 fiscal year 1996 and $23,469,000 for the fiscal year

13 1997.

14 (8) PAYMENT TO THE AMERICAN INSTITUTE IN

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

16 Taiwan’’, $15,165,000 for the fiscal year 1996 and

17 $14,710,000 for the fiscal year 1997.

18 (9) PROTECTION OF FOREIGN MISSIONS AND OF19 FICIALS.—For ‘‘Protection of Foreign Missions and

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

21 $9,579,000 for the fiscal year 1997.

22 (10) REPATRIATION LOANS.—For ‘‘Repatriation

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

24 $776,000 for the fiscal year 1997, for administrative

25 expenses.
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1 SEC. 2102. INTERNATIONAL ORGANIZATIONS, PROGRAMS,

2 AND CONFERENCES.

3 (a) ASSESSED CONTRIBUTIONS TO INTERNATIONAL

4 ORGANIZATIONS.—There are authorized to be appropriated

5 for ‘‘Contributions to International Organizations’’,

6 $873,505,000 for the fiscal year 1996 and $867,050,000 for

7 the fiscal year 1997 for the Department of State to carry

8 out the authorities, functions, duties, and responsibilities

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

10 with respect to international organizations and to carry out

11 other authorities in law consistent with such purposes.

12 (b) VOLUNTARY CONTRIBUTIONS TO INTERNATIONAL

13 ORGANIZATIONS.—

14 (1) AUTHORIZATION OF APPROPRIATIONS.—

15 There are authorized to be appropriated for ‘‘Vol16 untary Contributions to International Organiza17 tions’’, $309,375,000 for the fiscal year 1996 and

18 $302,902,000 for the fiscal year 1997.

19 (2) LIMITATIONS.—

20 (A) UNICEF.—

21 (i) Of the amounts authorized to be ap22 propriated under paragraph (1),

23 $103,000,000 for fiscal year 1996 and

24 $103,000,000 for fiscal year 1997 is author25 ized to be appropriated only for the United

26 Nations Children’s Fund (UNICEF).
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1 (ii) For fiscal year 1996, not more

2 than 25 percent of the amount under clause

3 (i) may be made available to the United

4 Nations Children’s Fund (UNICEF) until

5 30 days after the submission to Congress of

6 the report required by section 2523.

7 (B) INTERNATIONAL ATOMIC ENERGY AGEN8 CY.—

9 (i) Of the amounts authorized to be ap10 propriated under paragraph (1),

11 $43,000,000 for each of fiscal years 1996

12 and 1997 is authorized to be appropriated

13 only for the International Atomic Energy

14 Agency (IAEA).

15 (ii) Amounts under clause (i) are au16 thorized to be made available to the Inter17 national Atomic Energy Agency only if the

18 Secretary determines and reports to the ap19 propriate congressional committees that Is20 rael is not being denied its right to partici21 pate in the activities of the International

22 Atomic Energy Agency.

23 (C) WAR CRIMES TRIBUNAL FOR THE

24 FORMER YUGOSLAVIA.—Of the amounts author25 ized to be appropriated under paragraph (1),
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1 $15,000,000 for fiscal year 1996 and $15,000,000

2 for fiscal year 1997, or 25 percent of the budget

3 for the tribunal for each such fiscal year, which4 ever amount is less, are authorized to be made

5 available for the United Nations Voluntary Fund

6 for the United Nations International Criminal

7 Tribunal for the Former Yugoslavia, located at

8 The Hague, Netherlands.

9 (D) WORLD FOOD PROGRAM.—Of the

10 amounts authorized to be appropriated under

11 paragraph (1), $5,000,000 for fiscal year 1996

12 and $5,000,000 for fiscal year 1997 are author13 ized to be appropriated only for the World Food

14 Program.

15 (E) UNITED NATIONS VOLUNTARY FUND FOR

16 VICTIMS OF TORTURE.—Of the amounts author17 ized to be appropriated under paragraph (1)

18 $1,500,000 for fiscal year 1996 and $3,000,000

19 for fiscal year 1997 are authorized to be appro20 priated only for the United Nations Voluntary

21 Fund for Victims of Torture.

22 (F) UNITED NATIONS POPULATION FUND.—

23 (i) Of the amounts authorized to be ap24 propriated under paragraph (1) not more

25 than $25,000,000 for each of the fiscal years
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1 1996 and 1997 shall be available for the

2 United Nations Population Fund

3 (UNFPA).

4 (ii) Of the amount made available for

5 the United Nations Population Fund under

6 clause (i)—

7 (I) for fiscal year 1996, not more

8 than 50 percent of such amount may

9 be disbursed to the Fund before March

10 1, 1996; and

11 (II) for fiscal year 1997, not more

12 than 50 percent of such amount may

13 be disbursed to the Fund before March

14 1, 1997.

15 (iii) Notwithstanding any other provi16 sion of law, none of the funds made avail17 able for the United Nations Population

18 Fund shall be available for the United

19 States proportionate share for activities in

20 the People’s Republic of China.

21 (iv)(I) Not later than February 15,

22 1996, and February 15, 1997, the Secretary

23 of State shall submit a report indicating the

24 amount that the United Nations Population

25 Fund is budgeting for activities in the Peo-
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1 ple’s Republic of China for 1996 or 1997, as

2 appropriate, to the Committee on Inter3 national Relations and the Committee on

4 Appropriations of the House of Representa5 tives and the Committee on Foreign Rela6 tions and the Committee on Appropriations

7 of the Senate.

8 (II) Before March 1, for each of the fis9 cal years 1996 and 1997, if the United Na10 tions Population Fund is budgeting an

11 amount in excess of $7,000,000 for activities

12 in the People’s Republic of China, a sum

13 equal to the amount in excess of $7,000,000

14 shall be deducted from amounts otherwise

15 available for payment to the United Nations

16 Population Fund.

17 (v) Amounts made available for the United

18 Nations Population Fund under clause (i) may

19 only be paid to the Fund if—

20 (I) the Fund maintains such amounts

21 in a separate account from other funds; and

22 (II) the Fund does not commingle

23 amounts provided under clause (i) with

24 other funds.
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1 (G) ORGANIZATION FOR AMERICAN

2 STATES.—Of the amounts authorized to be ap3 propriated under paragraph (1), $15,000,000 for

4 fiscal year 1996 and $15,000,000 for fiscal year

5 1997 are authorized to be appropriated only for

6 the Organization for American States.

7 (H) LIMITATION CONCERNING USE OF

8 FUNDS UNDER SECTION 307 OF THE FOREIGN AS9 SISTANCE ACT OF 1961.—Notwithstanding any

10 other provision of law or of this Act, none of the

11 funds authorized to be appropriated under para12 graph (1) are authorized to be appropriated for

13 the United States proportionate share, in accord14 ance with section 307(c) of the Foreign Assist15 ance Act of 1961, for any programs identified in

16 section 307, or for Libya, Iran, or any Com17 munist country listed in section 620(f) of the

18 Foreign Assistance Act of 1961.

19 (I) UNITED NATIONS DEVELOPMENT PRO20 GRAM.—

21 (i) TOTAL LIMITATION.—Of the

22 amounts authorized to be appropriated

23 under paragraph (1), for each of the fiscal

24 years 1996 and 1997 not to exceed
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1 $70,000,000 shall be available for the Unit2 ed Nations Development Program.

3 (ii) BURMA.—

4 (I) Subject to subclauses (II) and

5 (III), for each of the fiscal years 1996

6 and 1997 none of the funds made

7 available for United Nations Develop8 ment Program (or United Nations De9 velopment Program—Administered

10 Funds) shall be available for programs

11 and activities in or for Burma.

12 (II) Of the amount made avail13 able for United Nations Development

14 Program (and United Nations Devel15 opment Program—Administered

16 Funds) for fiscal year 1996,

17 $18,200,000 of such amount shall be

18 disbursed only if the President certifies

19 to the Congress that the United Na20 tions Development Program has termi21 nated its activities in and for Burma.

22 (III) Of the amount made avail23 able for United Nations Development

24 Program (and United Nations Devel25 opment Program—Administered
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1 Funds) for fiscal year 1997,

2 $25,480,000 shall be disbursed only

3 if the President certifies to the

4 Congress that the United Nations De5 velopment Program has terminated its

6 activities in and for Burma.

7 (3) AVAILABILITY OF FUNDS.—Amounts author8 ized to be appropriated under paragraph (1) are au9 thorized to remain available until expended.

10 (c) ASSESSED CONTRIBUTIONS FOR INTERNATIONAL

11 PEACEKEEPING ACTIVITIES.—

12 (1) AUTHORIZATION OF APPROPRIATIONS.—

13 There are authorized to be appropriated for ‘‘Con14 tributions for International Peacekeeping Activities’’,

15 $445,000,000 for the fiscal year 1996 and

16 $345,000,000 for the fiscal year 1997 for the Depart17 ment of State to carry out the authorities, functions,

18 duties, and responsibilities in the conduct of the for19 eign affairs of the United States with respect to inter20 national peacekeeping activities and to carry out

21 other authorities in law consistent with such pur22 poses.

23 (2) LIMITATION.—None of the funds authorized

24 to be appropriated under paragraph (1) may be made

25 available for contributions to the United Nations Pro-
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1 tection Force unless the President determines and re2 ports to the Congress during the calendar year in

3 which the funds are to be provided that—

4 (A) the Government of Bosnia and

5 Herzegovina supports the continued presence of

6 the United Nations Protection Force within its

7 territory;

8 (B) the United Nations Protection Force is

9 effectively carrying out its mandate under Unit10 ed Nations Security Council resolutions 761,

11 776, 781, 786, and 836, and is effectively encour12 aging compliance with United Nations Security

13 Council resolutions 752, 757, 770, 771, 787, 820,

14 and 824.

15 (C) the United Nations Protection Force is

16 providing full cooperation and support consist17 ent with its mandate to the efforts of the United

18 Nations War Crimes Tribunal for the former

19 Yugoslavia to investigate war crimes and to ap20 prehend and prosecute suspected war criminals;

21 (D) the United Nations Protection Force is

22 providing full cooperation and support consist23 ent with its mandate to United States diplo24 matic, military, and relief personnel in Bosnia;

25 and
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1 (E) the United Nations Protection Force

2 has investigated and taken appropriate action

3 against any United Nations Protection Force

4 personnel or units suspected of participating in

5 illegal or improper activities, such as black

6 marketeering, embezzlement, expropriation of

7 property, and assaults on civilians.

8 (d) PEACEKEEPING OPERATIONS.—There are author9 ized to be appropriated for ‘‘Peacekeeping Operations’’,

10 $68,260,000 for the fiscal year 1996 and $68,260,000 for

11 the fiscal year 1997 for the Department of State to carry

12 out section 551 of Public Law 87–195.

13 (e) INTERNATIONAL CONFERENCES AND CONTIN14 GENCIES.—

15 (1) GENERAL PROVISION.—There are authorized

16 to be appropriated for ‘‘International Conferences and

17 Contingencies’’, $5,000,000 for the fiscal year 1996

18 and $6,000,000 for the fiscal year 1997 for the De19 partment of State to carry out the authorities, func20 tions, duties, and responsibilities in the conduct of the

21 foreign affairs of the United States with respect to

22 international conferences and contingencies and to

23 carry out other authorities in law consistent with

24 such purposes.

25 (2) CONDITIONAL AUTHORITY.—
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1 (A) Subject to subparagraph (B), in addi2 tion to such amounts as are authorized to be ap3 propriated under paragraph (1), there is author4 ized to be appropriated for ‘‘International Con5 ferences and Contingencies’’, $1,000,000 for the

6 fiscal year 1996 for the Department of State to

7 carry out the authorities, functions, duties, and

8 responsibilities in the conduct of the foreign af9 fairs of the United States with respect to inter10 national conferences and contingencies and to

11 carry out other authorities in law consistent

12 with such purposes.

13 (B) The authorization of appropriations

14 under subparagraph (A) shall take effect only

15 after the Secretary of State certifies to the appro16 priate congressional committees with respect to

17 any United Nations Fourth Conference on

18 Women that is held in Beijing that—

19 (i) no funds of the Department of State

20 were expended for travel by any United

21 States official or delegate to the Fourth

22 World Conference on Women, to be held in

23 Beijing, August and September 1995, or

24 (ii)(I) that the United States vigor25 ously urged the United Nations to grant ac-
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1 creditation to a wide range of nongovern2 mental organizations, including United

3 States-based groups representing Taiwanese

4 and Tibetan women, in accordance with rel5 evant international standards and prece6 dents;

7 (II) that the United States pressed the

8 Government of China to issue visas equi9 tably to representatives of accredited non10 governmental organizations;

11 (III) that the United States encouraged

12 the Government of China and the United

13 Nations to provide the accredited non14 governmental organizations with access to

15 the main conference site that is substan16 tially equivalent in manner and degree to

17 access afforded at previous major United

18 Nations conferences;

19 (IV) that the United States delegation

20 to the Fourth World Conference on Women

21 vigorously and publicly supported access by

22 representatives of accredited nongovern23 mental organizations to the conference, espe24 cially with respect to United States non25 governmental organizations;
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1 (V) that the United States delegation

2 to the Fourth World Conference on Women

3 vigorously promoted universal respect for

4 internationally recognized human rights,

5 including the rights of women; and

6 (VI) that, if the goals of subparagraphs

7 (I), (II), or (III) were not fully accom8 plished, the United States issued a formal,

9 public, protest to the United Nations for

10 such a departure from accepted inter11 national standards.

12 (f) FOREIGN CURRENCY EXCHANGE RATES.—In addi13 tion to amounts otherwise authorized to be appropriated by

14 subsections (a) and (b) of this section, there are authorized

15 to be appropriated such sums as may be necessary for each

16 of the fiscal years 1996 and 1997 to offset adverse fluctua17 tions in foreign currency exchange rates. Amounts appro18 priated under this subsection shall be available for obliga19 tion and expenditure only to the extent that the Director

20 of the Office of Management and Budget determines and

21 certifies to Congress that such amounts are necessary due

22 to such fluctuations.

23 SEC. 2103. INTERNATIONAL COMMISSIONS.

24 The following amounts are authorized to be appro25 priated under ‘‘International Commissions’’ for the Depart-
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1 ment of State to carry out the authorities, functions, duties,

2 and responsibilities in the conduct of the foreign affairs of

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

4 (1) INTERNATIONAL BOUNDARY AND WATER COM5 MISSION, UNITED STATES AND MEXICO.—For ‘‘Inter6 national Boundary and Water Commission, United

7 States and Mexico’’—

8 (A) for ‘‘Salaries and Expenses’’

9 $13,858,000 for the fiscal year 1996 and

10 $12,472,000 for the fiscal year 1997; and

11 (B) for ‘‘Construction’’ $10,393,000 for the

12 fiscal year 1996 and $9,353,000 for the fiscal

13 year 1997.

14 (2) INTERNATIONAL BOUNDARY COMMISSION,

15 UNITED STATES AND CANADA.—For ‘‘International

16 Boundary Commission, United States and Canada’’,

17 $740,000 for the fiscal year 1996 and $666,000 for

18 the fiscal year 1997.

19 (3) INTERNATIONAL JOINT COMMISSION.—For

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

21 fiscal year 1996 and $3,195,000 for the fiscal year

22 1997.

23 (4) INTERNATIONAL FISHERIES COMMISSIONS.—

24 For ‘‘International Fisheries Commissions’’,
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1 $14,669,000 for the fiscal year 1996 and $13,202,000

2 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 appropriated

8 for ‘‘Migration and Refugee Assistance’’ for au9 thorized activities, $560,000,000 for the fiscal

10 year 1996 and $590,000,000 for the fiscal year

11 1997.

12 (B) LIMITATION.—None of the funds au13 thorized to be appropriated by this section are

14 authorized to be appropriated for salaries and

15 administrative expenses of the Bureau of Migra16 tion and Refugee Assistance.

17 (2) REFUGEES RESETTLING IN ISRAEL.—There

18 are authorized to be appropriated $80,000,000 for the

19 fiscal year 1996 and $80,000,000 for the fiscal year

20 1997 for assistance for refugees resettling in Israel

21 from other countries.

22 (3) HUMANITARIAN ASSISTANCE FOR DISPLACED

23 BURMESE.—There are authorized to be appropriated

24 $1,500,000 for the fiscal year 1996 and $1,500,000 for

25 the fiscal year 1997 for humanitarian assistance, in-
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1 cluding but not limited to food, medicine, clothing,

2 and medical and vocational training to persons dis3 placed as a result of civil conflict in Burma, includ4 ing persons still within Burma.

5 (4) RESETTLEMENT OF VIETNAMESE, LAOTIANS,

6 AND CAMBODIANS.—There are authorized to be appro7 priated $30,000,000 for fiscal year 1996 for the ad8 mission 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 Oper13 ations, Export Financing, and Related Programs

14 Appropriations Act, 1990 (Public Law 101–

15 167); 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 Philippines.

20 (b) GENERAL LIMITATIONS.—None of the funds au21 thorized to be appropriated by subsection (a) are authorized

22 to be available for any program or activity that provides

23 for, promotes, or assists in the repatriation of any person

24 to Vietnam, Laos, or Cambodia, unless the President has

25 certified that—
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1 (1) all persons described in subsection (a)(4) who

2 were residents of refugee camps as of July 1, 1995,

3 have been offered resettlement outside their countries

4 of nationality;

5 (2) all nationals of Vietnam, Laos, or Cambodia

6 who were residents of refugee camps as of July 1,

7 1995, who are not persons described in subsection

8 (a)(4) have, at any time after such date, either had

9 access to a process for the determination of whether

10 they are refugees, or been offered resettlement outside

11 their countries of nationality; and

12 (3) the process referred to in paragraph (2) is

13 genuinely calculated to determine whether each appli14 cant is a refugee, and that the procedures, standards,

15 and personnel employed in such process ensure that

16 the risk of return to persecution is no greater than in

17 the process available under United States law to per18 sons physically present in the United States.

19 (c) AVAILABILITY OF FUNDS.—Funds appropriated

20 pursuant to subsection (a) are authorized to be available

21 until expended.

22 (d) REFUGEE CAMP DEFINED.—For the purposes of

23 this section, the term ‘‘refugee camp’’ means any place in

24 which people who left Vietnam, Cambodia, or Laos are

25 housed or held by a government or international organiza-
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1 tion, regardless of the designation of such place by such gov2 ernment or organization.

3 SEC. 2105. CERTAIN OTHER INTERNATIONAL AFFAIRS PRO4 GRAMS.

5 The following amounts are authorized to be appro6 priated for the Department of State to carry out the au7 thorities, functions, duties, and responsibilities in the con8 duct of the foreign affairs of the United States and for other

9 purposes authorized by law:

10 (1) ASIA FOUNDATION.—For ‘‘Asia Foundation’’,

11 $10,000,000 for the fiscal year 1996 and $9,000,000

12 for the fiscal year 1997.

13 SEC. 2106. UNITED STATES INFORMATIONAL, EDU14 CATIONAL, AND CULTURAL PROGRAMS.

15 The following amounts are authorized to be appro16 priated to carry out international information activities

17 and educational and cultural exchange programs under the

18 United States Information and Educational Exchange Act

19 of 1948, the Mutual Educational and Cultural Exchange

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

21 United States International Broadcasting Act of 1994, the

22 Radio Broadcasting to Cuba Act, the Television Broadcast23 ing to Cuba Act, the Board for International Broadcasting

24 Act, the Inspector General Act of 1978, the North/South

25 Center Act of 1991, the National Endowment for Democ-
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1 racy Act, and to carry out other authorities in law consist2 ent with such purposes:

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

4 and Expenses’’, $450,645,000 for the fiscal year 1996

5 and $428,080,000 for the fiscal year 1997.

6 (2) TECHNOLOGY FUND.—For ‘‘Technology

7 Fund’’ for the United States Information Agency,

8 $5,050,000 for the fiscal year 1996 and $5,050,000 for

9 the fiscal year 1997.

10 (3) EDUCATIONAL AND CULTURAL EXCHANGE

11 PROGRAMS.—

12 (A) FULBRIGHT ACADEMIC EXCHANGE PRO13 GRAMS.—For the ‘‘Fulbright Academic Exchange

14 Programs’’, $117,484,200 for the fiscal year 1996

15 and $113,680,800 for the fiscal year 1997.

16 (B) SOUTH PACIFIC EXCHANGES.—For the

17 ‘‘South Pacific Exchanges’’, $900,000 for the fis18 cal year 1996 and $900,000 for the fiscal year

19 1997.

20 (C) EAST TIMORESE SCHOLARSHIPS.—For

21 the ‘‘East Timorese Scholarships’’, $800,000 for

22 the fiscal year 1996 and $800,000 for the fiscal

23 year 1997.

24 (D) CAMBODIAN SCHOLARSHIPS.—For the

25 ‘‘Cambodian Scholarships’’, $141,000 for the fis-
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1 cal year 1996 and $141,000 for the fiscal year

2 1997.

3 (E) TIBETAN EXCHANGES.—For the ‘‘Edu4 cational and Cultural Exchanges with Tibet’’

5 under section 236 of the Foreign Relations Au6 thorization Act, Fiscal Years 1994 and 1995

7 (Public Law 103–236), $500,000 for the fiscal

8 year 1996 and $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 Scholar14 ship Program of the Washington Workshops

15 Foundation’’, ‘‘Citizen Exchange Programs’’,

16 ‘‘Congress-Bundestag Exchange Program’’,

17 ‘‘Newly Independent States and Eastern Europe

18 Training’’, ‘‘Institute for Representative Govern19 ment’’, and ‘‘Arts America’’, $87,265,800 for the

20 fiscal year 1996 and $87,341,400 for the fiscal

21 year 1997.

22 (4) INTERNATIONAL BROADCASTING ACTIVI23 TIES.—

24 (A) AUTHORIZATION OF APPROPRIA25 TIONS.—For ‘‘International Broadcasting Activi-
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1 ties’’, $321,191,000 for the fiscal year 1996, and

2 $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 sec9 tion 2443.

10 (C) VOICE OF AMERICA FARSI SERVICE.—Of

11 the amounts authorized to be appropriated under

12 subparagraph (A) $1,873,521 for the fiscal year

13 1996 and $1,873,521 for the fiscal year 1997 are

14 authorized to be appropriated only to carry out

15 the Voice of America Farsi Service.

16 (5) RADIO CONSTRUCTION.—For ‘‘Radio Con17 struction’’, $75,164,000 for the fiscal year 1996, and

18 $67,647,000 for the fiscal year 1997.

19 (6) RADIO FREE ASIA.—For ‘‘Radio Free Asia’’,

20 $10,000,000 for the fiscal year 1996 and $10,000,000

21 for the fiscal year 1997.

22 (7) BROADCASTING TO CUBA.—For ‘‘Broadcast23 ing to Cuba’’, $24,809,000 for the fiscal year 1996

24 and $24,809,000 for the fiscal year 1997.
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1 (8) OFFICE OF THE INSPECTOR GENERAL.—For

2 ‘‘Office of the Inspector General’’, $4,300,000 for the

3 fiscal year 1996 and $3,870,000 for the fiscal year

4 1997.

5 (9) CENTER FOR CULTURAL AND TECHNICAL

6 INTERCHANGE BETWEEN EAST AND WEST.—For ‘‘Cen7 ter for Cultural and Technical Interchange between

8 East and West’’, $15,000,000 for the fiscal year 1996

9 and $10,000,000 for the fiscal year 1997.

10 (10) NATIONAL ENDOWMENT FOR DEMOCRACY—

11 For ‘‘National Endowment for Democracy’’,

12 $34,000,000 for the fiscal year 1996 and $34,000,000

13 for the fiscal year 1997.

14 (11) CENTER FOR CULTURAL AND TECHNICAL

15 INTERCHANGE BETWEEN NORTH AND SOUTH.—For

16 ‘‘Center for Cultural and Technical Interchange be17 tween North and South’’ $4,000,000 for the fiscal year

18 1996 and $3,000,000 for the fiscal year 1997.

19 SEC. 2107. UNITED STATES ARMS CONTROL AND DISAR20 MAMENT.

21 There are authorized to be appropriated to carry out

22 the purposes of the Arms Control and Disarmament Act—

23 (1) $44,000,000 for the fiscal year 1996 and

24 $40,500,000 for the fiscal year 1997; and
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1 (2) such sums as may be necessary for each of

2 the fiscal years 1996 and 1997 for increases in salary,

3 pay, retirement, other employee benefits authorized by

4 law, and to offset adverse fluctuations in foreign cur5 rency exchange rates.

6 TITLE XXII—DEPARTMENT OF

7 STATE AUTHORITIES AND AC8 TIVITIES

9 CHAPTER 1—AUTHORITIES AND

10 ACTIVITIES

11 SEC. 2201. REVISION OF DEPARTMENT OF STATE REWARDS

12 PROGRAM.

13 (a) IN GENERAL.—Section 36 of the State Department

14 Basic Authorities Act of 1956 (22 U.S.C. 2708) is amended

15 to read as follows:

16 ‘‘SEC. 36. DEPARTMENT OF STATE REWARDS PROGRAM.

17 ‘‘(a) ESTABLISHMENT.—(1) There is established a pro18 gram for the payment of rewards to carry out the purposes

19 of this section.

20 ‘‘(2) The rewards program established by this section

21 shall be administered by the Secretary of State, in consulta22 tion, where appropriate, with the Attorney General.

23 ‘‘(b) PURPOSE.—(1) The rewards program established

24 by this section shall be designed to assist in the prevention
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1 of acts of international terrorism, international narcotics

2 trafficking, and other related criminal acts.

3 ‘‘(2) The Secretary of State may pay a reward to any

4 individual who furnishes information leading to—

5 ‘‘(A) the arrest or conviction in any country of

6 any individual for the commission of an act of inter7 national terrorism against a United States person or

8 United States property;

9 ‘‘(B) the arrest or conviction in any country of

10 any individual conspiring or attempting to commit

11 an act of international terrorism against a United

12 States person or United States property;

13 ‘‘(C) the arrest or conviction in any country of

14 any individual for committing, primarily outside the

15 territorial jurisdiction of the United States, any nar16 cotics-related offense if that offense involves or is a

17 significant part of conduct that involves—

18 ‘‘(i) a violation of United States narcotics

19 laws and which is such that the individual

20 would be a major violator of such laws; or

21 ‘‘(ii) the killing or kidnapping of—

22 ‘‘(I) any officer, employee, or contract

23 employee of the United States Government

24 while such individual is engaged in official

25 duties, or on account of that individual’s of-
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1 ficial duties, in connection with the enforce2 ment of United States narcotics laws or the

3 implementing of United States narcotics

4 control objectives; or

5 ‘‘(II) a member of the immediate fam6 ily of any such individual on account of

7 that individual’s official duties, in connec8 tion with the enforcement of United States

9 narcotics laws or the implementing of Unit10 ed States narcotics control objectives; or

11 ‘‘(iii) an attempt or conspiracy to commit

12 any of the acts described in clause (i) or (ii); or

13 ‘‘(D) the arrest or conviction in any country of

14 any individual aiding or abetting in the commission

15 of an act described in subparagraphs (A) through (C);

16 or

17 ‘‘(E) the prevention, frustration, or favorable res18 olution of an act described in subparagraphs (A)

19 through (C).

20 ‘‘(c) COORDINATION.—(1) To ensure that the payment

21 of rewards pursuant to this section does not duplicate or

22 interfere with the payment of informants or the obtaining

23 of evidence or information, as authorized to the Department

24 of Justice, the offering, administration, and payment of re25 wards under this section, including procedures for—
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1 ‘‘(A) identifying individuals, organizations, and

2 offenses with respect to which rewards will be offered;

3 ‘‘(B) the publication of rewards;

4 ‘‘(C) offering of joint rewards with foreign gov5 ernments;

6 ‘‘(D) the receipt and analysis of data; and

7 ‘‘(E) the payment and approval of payment,

8 shall be governed by procedures developed by the Secretary

9 of State, in consultation with the Attorney General.

10 ‘‘(2) Before making a reward under this section in a

11 matter over which there is Federal criminal jurisdiction,

12 the Secretary of State shall advise and consult with the At13 torney General.

14 ‘‘(d) FUNDING.—(1) There is authorized to be appro15 priated to the Department of State from time to time such

16 amounts as may be necessary to carry out the purposes of

17 this section, notwithstanding section 102 of the Foreign Re18 lations Authorization Act, Fiscal Years 1986 and 1987

19 (Public Law 99–93).

20 ‘‘(2) No amount of funds may be appropriated which,

21 when added to the amounts previously appropriated but not

22 yet obligated, would cause such amounts to exceed

23 $15,000,000.

24 ‘‘(3) To the maximum extent practicable, funds made

25 available to carry out this section should be distributed
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1 equally for the purpose of preventing acts of international

2 terrorism and for the purpose of preventing international

3 narcotics trafficking.

4 ‘‘(4) Amounts appropriated to carry out the purposes

5 of this section shall remain available until expended.

6 ‘‘(e) ADDITIONAL FUNDING.—(1) In extraordinary cir7 cumstances and when it is important to the national secu8 rity of the United States, the Secretary of State may use

9 fees collected for processing machine readable non10 immigrant visas and machine readable combined border

11 crossing identification cards and nonimmigrant visas pur12 suant to section 140 of the Foreign Relations Authorization

13 Act, Fiscal Years 1994 and 1995 (Public Law 103–236; 8

14 U.S.C. 1351 note) to carry out the purposes of this section,

15 subject to the limitation contained in subsection (d)(2).

16 ‘‘(2) The authority contained in paragraph (1) may

17 be used only if the Secretary notifies the appropriate con18 gressional committees 15 days in advance in accordance

19 with regular reprogramming procedures. Such notification

20 shall contain a detailed justification of the circumstances

21 necessitating the use of such fees for the purposes of this

22 section.

23 ‘‘(f) LIMITATION AND CERTIFICATION.—(1) A reward

24 under this section may not exceed $2,000,000.
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1 ‘‘(2) A reward under this section of more than

2 $100,000 may not be made without the approval of the

3 President or the Secretary of State.

4 ‘‘(3) Any reward granted under this section shall be

5 approved and certified for payment by the Secretary of

6 State.

7 ‘‘(4) The authority of paragraph (2) may not be dele8 gated to any other officer or employee of the United States

9 Government.

10 ‘‘(5) If the Secretary determines that the identity of

11 the recipient of a reward or of the members of the recipient’s

12 immediate family must be protected, the Secretary may

13 take such measures in connection with the payment of the

14 reward as he considers necessary to effect such protection.

15 ‘‘(g) INELIGIBILITY.—An officer or employee of any

16 governmental entity who, while in the performance of his

17 or her official duties, furnishes information described in

18 subsection (b) shall not be eligible for a reward under this

19 section.

20 ‘‘(h) REPORTS.—(1) Not later than 30 days after pay21 ing any reward under this section, the Secretary of State

22 shall submit a report to the appropriate congressional com23 mittees with respect to such reward. The report, which may

24 be submitted on a classified basis if necessary, shall specify

25 the amount of the reward paid, to whom the reward was
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1 paid, and the acts with respect to which the reward was

2 paid. The report shall also discuss the significance of the

3 information for which the reward was paid in dealing with

4 those acts.

5 ‘‘(2) Not later than 60 days after the end of each fiscal

6 year, the Secretary of State shall submit an annual report

7 to the appropriate congressional committees with respect to

8 the operation of the rewards program authorized by this

9 section. Such report shall provide information on the total

10 amounts expended during such fiscal year to carry out the

11 purposes of this section, including amounts spent to pub12 licize the availability of rewards. Such report shall also in13 clude information on all requests for the payment of re14 wards under this section, including the reasons for the de15 nial of any such requests.

16 ‘‘(i) DEFINITIONS.—As used in this section—

17 ‘‘(1) the term ‘appropriate congressional commit18 tees’ means the Committee on International Relations

19 of the House of Representatives and the Committee on

20 Foreign Relations of the Senate;

21 ‘‘(2) the term ‘act of international terrorism’ in22 cludes, but is not limited to—

23 ‘‘(A) any act substantially contributing to

24 the acquisition of unsafeguarded special nuclear

25 material (as defined in section 830(8) of the Nu-
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1 clear Proliferation Prevention Act of 1994) or

2 any nuclear explosive device (as defined in sec3 tion 830(4) of that Act) by an individual, group,

4 or non-nuclear weapon state (as defined in sec5 tion 830(5) of that Act); and

6 ‘‘(B) any act, as determined by the Sec7 retary of State, which materially supports the

8 conduct of international terrorism, including the

9 counterfeiting of United States currency or the

10 illegal use of other monetary instruments by an

11 individual, group, or country supporting inter12 national terrorism as determined for purposes of

13 section 6(j) of the Export Administration Act of

14 1979;

15 ‘‘(3) the term ‘United States narcotics laws’

16 means the laws of the United States for the preven17 tion and control of illicit traffic in controlled sub18 stances (as such term is defined for purposes of the

19 Controlled Substances Act); and

20 ‘‘(4) the term ‘member of the immediate family’

21 includes—

22 ‘‘(A) a spouse, parent, brother, sister, or

23 child of the individual;

24 ‘‘(B) a person to whom the individual

25 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 Con5 gress that the Secretary of State should pursue additional

6 means of funding the program established by section 36 of

7 the State Department Basic Authorities Act of 1956 (22

8 U.S.C. 2708), including the authority to seize and dispose

9 of assets used in the commission of any offense under sec10 tions 1028, 1541 through 1544, and 1546 of title 18, United

11 States Code, and to retain the proceeds derived from the

12 disposition of such assets, or to participate in asset sharing

13 programs conducted by the Department of Justice, to carry

14 out the purposes of section 36 of that Act.

15 SEC. 2202. AUTHORITIES OF SECRETARY OF STATE.

16 Section 203(4) of the State Department Basic Authori17 ties Act of 1956 (22 U.S.C. 4303(4)) is amended in the third

18 sentence by striking ‘‘should’’ both places it appears and

19 inserting ‘‘shall’’.

20 SEC. 2203. BUYING POWER MAINTENANCE ACCOUNT.

21 Section 24(b)(7) of the State Department Basic Au22 thorities Act of 1956 (22 U.S.C. 2696(b)(7)) is amended by

23 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 Depart4 ment of State Appropriation Act, 1937 (49 Stat. 1321, 22

5 U.S.C. 2661, as amended by section 142(b) of the Foreign

6 Relations Authorization Act, Fiscal Years 1988 and 1989

7 (Public Law 100–204)) is amended in the fifth undesig8 nated paragraph under the heading entitled ‘‘INTER9 NATIONAL FISHERIES COMMISSION’’ by striking ‘‘extraor10 dinary’’.

11 (b) PROCUREMENT OF SERVICES.—Section 38(c) of the

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

13 2710(c)) is amended in the first sentence by inserting ‘‘per14 sonal 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 main2 tained 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 the

11 United States through the sale or other disposi12 tion of United States properties associated with

13 the posts to be consolidated abroad.

14 (c) TRANSMITTAL.—Not later than 180 days after the

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

16 shall transmit a copy of the plan to the appropriate con17 gressional committees.

18 SEC. 2206. DENIAL OF PASSPORTS TO NONCUSTODIAL PAR19 ENTS SUBJECT TO STATE ARREST WARRANTS

20 IN CASES OF NONPAYMENT OF CHILD SUP21 PORT.

22 The Secretary of State is authorized to refuse to issue

23 a passport or to revoke, restrict, or limit a passport in any

24 case in which the Secretary of State determines or is in25 formed by competent authority that the applicant or pass-
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1 port holder is a noncustodial parent who is the subject of

2 an outstanding State warrant of arrest for nonpayment of

3 child support, where the amount in controversy is not less

4 than $10,000.

5 SEC. 2207. CAPITAL INVESTMENT FUND.

6 Section 135 of the Foreign Relations Authorization

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

8 amended—

9 (1) in subsection (a) by inserting ‘‘and enhance10 ment’’ after ‘‘procurement’’;

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

12 to’’ and inserting ‘‘shall’’;

13 (3) in subsection (d) by striking ‘‘for expenditure

14 to procure capital equipment and information tech15 nology’’ and inserting in lieu thereof ‘‘for purposes of

16 subsection (a)’’; and

17 (4) by amending subsection (e) to read as fol18 lows:

19 ‘‘(e) REPROGRAMMING PROCEDURES.—Funds credited

20 to the Capital Investment Fund shall not be available for

21 obligation or expenditure except in compliance with the

22 procedures applicable to reprogrammings under section 34

23 of the State Department Basic Authorities Act of 1956 (22

24 U.S.C. 2710).’’.
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1 SEC. 2208. EFFICIENCY IN PROCUREMENT.

2 (a) IN GENERAL.—To the maximum extent prac3 ticable, United States Government agencies performing

4 functions at diplomatic and consular posts abroad shall

5 avoid duplicative acquisition actions.

6 (b) AUTHORITY.—Notwithstanding any other provi7 sion of law, a contract awarded in accordance with the

8 Competition in Contracting Act by an agency of the United

9 States Government performing functions at diplomatic and

10 consular posts abroad may be amended without competition

11 to permit other such United States Government agencies to

12 obtain goods or services under such contract, if unit prices

13 are not increased as a result of any such amendment.

14 SEC. 2209. TRAINING.

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

16 U.S.C. 4021) is amended—

17 (1) by redesignating subsection (d)(4) as sub18 section (g); and

19 (2) by inserting after subsection (d) the following

20 new subsections:

21 ‘‘(e)(1) The Secretary of State is authorized to provide

22 appropriate training through the institution to employees

23 of any United States company engaged in business abroad,

24 and to the families of such employees, when such training

25 is in the national interest of the United States.
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1 ‘‘(2) In the case of any company under contract to pro2 vide services to the Department of State, the Secretary of

3 State is authorized to provide job-related training to any

4 company employee who is performing such services.

5 ‘‘(3) Training under this subsection shall be on a reim6 bursable or advance-of-funds basis. Such reimbursements or

7 advances shall be credited to the currently applicable appro8 priation account.

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

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

11 primary mission of training employees of the Department

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

13 ‘‘(f)(1) The Secretary of State is authorized to provide

14 on a reimbursable basis foreign language training programs

15 to Members of Congress and officers and employees of Con16 gress.

17 ‘‘(2) Reimbursements under this subsection, to the ex18 tent practicable, should be equivalent to the rate of reim19 bursement charged other agencies of the United States Gov20 ernment for comparable training.

21 ‘‘(3) Reimbursements collected under this subsection

22 shall be credited to the currently available applicable appro23 priation account.

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

25 to the extent that it will not interfere with the institution’s
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1 primary mission of training employees of the Department

2 and of other agencies in the field of foreign relations.’’.

3 SEC. 2210. LEASE-PURCHASE AGREEMENTS.

4 Whenever the Department of State enters into lease5 purchase agreements involving property in foreign coun6 tries pursuant to section 1 of the Foreign Service Buildings

7 Act (22 U.S.C. 292), budget authority shall be scored on

8 an annual basis over the period of the lease in an amount

9 equal to the annual lease payments.

10 CHAPTER 2—CONSULAR AUTHORITIES OF

11 THE DEPARTMENT OF STATE

12 SEC. 2231. SURCHARGE FOR PROCESSING CERTAIN MA13 CHINE READABLE VISAS.

14 Section 140(a) of the Foreign Relations Authorization

15 Act, Fiscal Years 1994 and 1995 (Public Law 103–236) is

16 amended—

17 (1) by striking paragraphs (2) and (3) and in18 serting the following:

19 ‘‘(2) For fiscal years 1996 and 1997, not more

20 than $250,000,000 in fees collected under the author21 ity of paragraph (1) shall be deposited as an offset22 ting collection to any Department of State appropria23 tion to recover the costs of the Department of State’s

24 border security program, including the costs of—
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1 ‘‘(A) installation and operation of the ma2 chine readable visa and automated name-check

3 process;

4 ‘‘(B) improving the quality and security of

5 the United States passport;

6 ‘‘(C) passport and visa fraud investigations;

7 and

8 ‘‘(D) the technological infrastructure to sup9 port and operate the programs referred to in

10 paragraphs (A) through (C).

11 Such fees shall remain available for obligation until

12 expended.

13 ‘‘(3) For any fiscal year, fees collected under the

14 authority of paragraph (1) in excess of the amount

15 specified for such fiscal year under paragraph (2)

16 shall be deposited in the general fund of the Treasury

17 as miscellaneous receipts.’’; and

18 (2) by striking paragraph (5).

19 SEC. 2232. FINGERPRINT CHECK REQUIREMENT.

20 Section 140 of the Foreign Relations Authorization

21 Act, Fiscal Years 1994 and 1995 (Public Law 103–236; 8

22 U.S.C. 1182 note) as amended by section 505 of the Depart23 ment of State and Related Agencies Appropriation Act, Fis24 cal Year 1995 (Public Law 103–317) is amended by adding

25 at the end the following:
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1 ‘‘(h) FINGERPRINT CHECK REQUIREMENT.—If a visa

2 applicant is determined to have a criminal history record

3 under subsection (d)(1), has been physically present in the

4 United States, and is more than 16 years of age, the appli5 cant shall provide a fingerprint record for submission with

6 the application, at no cost to the Department of State. The

7 Department of State shall submit such fingerprint record

8 to the Federal Bureau of Investigation for analysis to deter9 mine whether the applicant has been convicted of a felony

10 under State or Federal law in the United States.’’.

11 SEC. 2233. USE OF CERTAIN PASSPORT PROCESSING FEES

12 FOR ENHANCED PASSPORT SERVICES.

13 For each of the fiscal years 1996 and 1997, of the fees

14 collected for expedited passport processing and deposited to

15 an offsetting collection pursuant to the Department of State

16 and Related Agencies Appropriations Act for Fiscal Year

17 1995 (Public Law 103–317; 22 U.S.C. 214), 10 percent

18 shall be available only for enhancing passport services for

19 United States citizens, improving the integrity and effi20 ciency of the passport issuance process, improving the se21 cure nature of the United States passport, investigating

22 passport fraud, and deterring entry into the United States

23 by terrorists, drug traffickers, or other criminals.
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1 SEC. 2234. CONSULAR OFFICERS.

2 (a) PERSONS AUTHORIZED TO ISSUE REPORTS OF

3 BIRTH ABROAD.—Section 33 of the State Department

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

5 in paragraph (2) by inserting ‘‘(or any United States citi6 zen employee of the Department of State designated by the

7 Secretary of State to adjudicate nationality abroad pursu8 ant to such regulations as the Secretary may prescribe)’’

9 after ‘‘consular officer’’.

10 (b) PROVISIONS APPLICABLE TO CONSULAR OFFI11 CERS.—Section 31 of the Act of August 18, 1856 (Rev. Stat.

12 1689, 22 U.S.C. 4191), is amended by inserting ‘‘and to

13 such other United States citizen employees of the Depart14 ment of State as may be designated by the Secretary of

15 State pursuant to such regulations as the Secretary may

16 prescribe’’ after ‘‘such officers’’.

17 CHAPTER 3—REFUGEES AND MIGRATION

18 SEC. 2251. UNITED STATES EMERGENCY REFUGEE AND MI19 GRATION ASSISTANCE FUND.

20 (a) LIMITATION ON TRANSFERS FROM EMERGENCY

21 FUND.—Section 2(c) of the Migration and Refugee Assist22 ance Act of 1962 (22 U.S.C. 2601(c)) is amended by adding

23 after paragraph (3) the following:

24 ‘‘(4) Notwithstanding any other provision of this Act,

25 the President shall notify the appropriate congressional

26 committees not less than 15 days before transferring or oth-
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1 erwise making available amounts from the United States

2 Emergency Refugee and Migration Assistance Fund under

3 paragraph (1).’’.

4 (b) NOTIFICATION OF EXPENDITURES FROM FUND.—

5 Section 2(d) of the Migration and Refugee Assistance Act

6 of 1962 (22 U.S.C. 2601(c)) is amended to read as follows:

7 ‘‘(d)(1) Except as provided in paragraph (2), and not8 withstanding any other provision of this Act, the President

9 shall notify the appropriate congressional committees at

10 least 15 days in advance of the obligation or expenditure

11 of sums from the United States Emergency Refugee and Mi12 gration Assistance Fund under subsection (c).

13 ‘‘(2) Notwithstanding the notification requirement of

14 paragraph (1), the President may obligate and expend sums

15 from the United States Emergency Refugee and Migration

16 Assistance Fund if the President determines, and promptly

17 certifies to the appropriate congressional committees, that

18 unforseen emergency circumstances require the immediate

19 obligation of sums from such fund. Any such certification

20 shall fully inform such committees of the amount and use

21 of such sums from the Fund.

22 ‘‘(3) For purposes of this section, the term ‘appropriate

23 congressional committees’ means the Committee on Inter24 national Relations and the Committee on Appropriations

25 of the House of Representatives and the Committee on For-
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1 eign Relations and the Committee on Appropriations of the

2 Senate.’’.

3 SEC. 2252. PERSECUTION FOR RESISTANCE TO COERCIVE

4 POPULATION CONTROL METHODS.

5 Section 101(a)(42) of the Immigration and National6 ity Act (8 U.S.C. 1101(a)(42)) is amended by adding at

7 the end the following: ‘‘For purposes of determinations

8 under this Act, a person who has been forced to abort a

9 pregnancy or to undergo involuntary sterilization, or who

10 has been persecuted for failure or refusal to undergo such

11 a procedure or for other resistance to a coercive population

12 control program, shall be deemed to have been persecuted

13 on account of political opinion, and a person who has a

14 well founded fear that he or she will be forced to undergo

15 such a procedure or subjected to persecution for such failure,

16 refusal, or resistance shall be deemed to have a well founded

17 fear of persecution on account of political opinion.’’.

18 SEC. 2253. REPORT TO CONGRESS CONCERNING CUBAN

19 EMIGRATION POLICIES.

20 Beginning 3 months after the date of the enactment

21 of this Act and every subsequent 6 months, the President

22 shall transmit a report to the appropriate congressional

23 committees concerning the methods employed by the Govern24 ment of Cuba to enforce the United States-Cuba agreement

25 of September 1994 to restrict the emigration of the Cuban
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1 people from Cuba to the United States, and the treatment

2 by the Government of Cuba of persons who have been re3 turned to Cuba pursuant to the United States-Cuba agree4 ment of May 1995. Each report transmitted pursuant to

5 this section shall include a detailed account of United

6 States efforts to monitor such enforcement and treatment.

7 SEC. 2254. UNITED STATES POLICY REGARDING THE INVOL8 UNTARY RETURN OF REFUGEES.

9 (a) IN GENERAL.—No funds authorized to be appro10 priated by this Act shall be available to involuntarily re11 turn any person to a country in which the person has a

12 well founded fear of persecution on account of race, religion,

13 nationality, membership in a particular social group, or

14 political opinion, or promote or assist such involuntary re15 turn.

16 (b) INVOLUNTARILY RETURN DEFINED.—As used in

17 this section, the term ‘‘involuntarily return’’ means to take

18 action by which it is reasonably foreseeable that a person

19 will be required to return to a country against the person’s

20 will, regardless of whether such return is induced by phys21 ical force and regardless of whether the person is physically

22 present in the United States.
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1 SEC. 2255. EXTENSION OF CERTAIN ADJUDICATION PROVI2 SIONS.

3 The Foreign Operations, Export Financing, and Re4 lated Programs Appropriations Act, 1990 (Public Law

5 101–167) is amended—

6 (1) in section 599D (8 U.S.C. 1157 note)—

7 (A) in subsection (b)(3), by striking ‘‘and

8 1996’’ and inserting ‘‘1996, and 1997’’; and

9 (B) in subsection (e), by striking out ‘‘Octo10 ber 1, 1996’’ each place it appears and inserting

11 ‘‘October 1, 1997’’; and

12 (2) in section 599E (8 U.S.C. 1255 note) in sub13 section (b)(2), by striking out ‘‘September 30, 1996’’

14 and inserting ‘‘September 30, 1997’’.

15 TITLE XXIII—ORGANIZATION OF

16 THE DEPARTMENT OF STATE;

17 DEPARTMENT OF STATE PER18 SONNEL; THE FOREIGN SERV19 ICE

20 CHAPTER 1—ORGANIZATION OF THE

21 DEPARTMENT OF STATE

22 SEC. 2301. COORDINATOR FOR COUNTERTERRORISM.

23 (a) ESTABLISHMENT.—Section 1(e) of the State De24 partment Basic Authorities Act of 1956 (22 U.S.C.

25 2651a(e)) is amended—

26 (1) by striking ‘‘In’’ and inserting the following:
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1 ‘‘(1) In’’; and

2 (2) by inserting at the end the following:

3 ‘‘(2) COORDINATOR FOR COUNTERTERRORISM.—

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

5 Secretary of State a Coordinator for

6 Counterterrorism (hereafter in this paragraph

7 referred to as the ‘Coordinator’) who shall be ap8 pointed by the President, by and with the advice

9 and consent of the Senate.

10 ‘‘(B)(i) The Coordinator shall perform such

11 duties and exercise such power as the Secretary

12 of State shall prescribe.

13 ‘‘(ii) The principal duty of the Coordinator

14 shall be the overall supervision (including policy

15 oversight of resources) of international

16 counterterrorism activities. The Coordinator

17 shall be the principal advisor to the Secretary of

18 State on international counterterrorism matters.

19 The Coordinator shall be the principal

20 counterterrorism official within the senior man21 agement of the Department of State and shall re22 port directly to the Secretary of State.

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

24 and status of Ambassador-at-Large. The Coordi25 nator shall be compensated at the annual rate of
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1 basic pay in effect for a position at level IV of

2 the Executive Schedule under section 5314 of

3 title 5, United States Code, or, if the Coordinator

4 is appointed from the Foreign Service, the an5 nual rate of pay which the individual last re6 ceived under the Foreign Service Schedule,

7 whichever is greater.

8 ‘‘(D) For purposes of diplomatic protocol

9 among officers of the Department of State, the

10 Coordinator shall take precedence after the Sec11 retary of State, the Deputy Secretary of State,

12 and the Under Secretaries of State and shall

13 take precedence among the Assistant Secretaries

14 of State in the order prescribed by the Secretary

15 of State.’’.

16 (b) TECHNICAL AND CONFORMING AMENDMENTS.—

17 Section 161 of the Foreign Relations Authorization Act,

18 Fiscal Years 1994 and 1995 (Public Law 103–236) is

19 amended by striking subsection (e).

20 (c) TRANSITION PROVISION.—The individual serving

21 as Coordinator for Counterterrorism of the Department of

22 State on the day before the effective date of this division

23 may continue to serve in that position.
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1 SEC. 2302. SPECIAL ENVOY FOR TIBET.

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

3 findings:

4 (1) The Government of the People’s Republic of

5 China withholds meaningful participation in the gov6 ernance of Tibet from Tibetans and has failed to

7 abide by its own constitutional guarantee of auton8 omy for Tibetans.

9 (2) The Government of the People’s Republic of

10 China is responsible for the destruction of much of Ti11 bet’s cultural and religious heritage since 1959 and

12 continues to threaten the survival of Tibetan culture

13 and religion.

14 (3) The Government of the People’s Republic of

15 China, through direct and indirect incentives, has es16 tablished discriminatory development programs which

17 have resulted in an overwhelming flow of Chinese im18 migrants into Tibet, including those areas incor19 porated into the Chinese provinces of Sichuan,

20 Yunnan, Gansu, and Quinghai in recent years, and

21 have excluded Tibetans from participation in impor22 tant policy decisions, further threatening traditional

23 Tibetan life.

24 (4) The Government of the People’s Republic of

25 China denies Tibetans their fundamental human
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1 rights, as reported in the Department of State’s Coun2 try Reports on Human Rights Practices for 1995.

3 (5) The President and the Congress have deter4 mined that the promotion of human rights in Tibet

5 and the protection of Tibet’s religion and culture are

6 important elements in United States-China relations

7 and have urged senior members of the Government of

8 the People’s Republic of China to enter into sub9 stantive negotiations on these matters with the Dalai

10 Lama or his representative.

11 (6) The Dalai Lama has repeatedly stated his

12 willingness to begin substantive negotiations without

13 preconditions.

14 (7) The Government of the People’s Republic of

15 China has failed to respond in a good faith manner

16 by reciprocating a willingness to begin negotiations

17 without preconditions, and no substantive negotia18 tions have begun.

19 (b) UNITED STATES SPECIAL ENVOY FOR TIBET.—

20 Section 1(e) of the State Department Basic Authorities Act

21 (U.S.C. 2651a(e)) is amended by adding after paragraph

22 (2) the following new paragraph:

23 ‘‘(3) UNITED STATES SPECIAL ENVOY FOR

24 TIBET.—
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1 ‘‘(A) There shall be within the Department

2 of State a United States Special Envoy for

3 Tibet, who shall be appointed by the President,

4 by and with the advice and consent of the Sen5 ate. The United States Special Envoy for Tibet

6 shall hold office at the pleasure of the President.

7 ‘‘(B) The United States Special Envoy for

8 Tibet shall have the personal rank of ambas9 sador.

10 ‘‘(C) The United States Special Envoy for

11 Tibet is authorized and encouraged—

12 ‘‘(i) to promote substantive negotia13 tions between the Dalai Lama or his rep14 resentatives and senior members of the Gov15 ernment of the People’s Republic of China;

16 ‘‘(ii) to promote good relations between

17 the Dalai Lama and his representatives and

18 the United States Government, including

19 meeting with members or representatives of

20 the Tibetan government-in-exile; and

21 ‘‘(iii) to travel regularly throughout

22 Tibet and Tibetan refugee settlements.

23 ‘‘(D) The United States Special Envoy for

24 Tibet shall—
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1 ‘‘(i) consult with the Congress on poli2 cies relevant to Tibet and the future and

3 welfare of all Tibetan people;

4 ‘‘(ii) coordinate United States Govern5 ment policies, programs, and projects con6 cerning Tibet; and

7 ‘‘(iii) report to the Secretary of State

8 regarding the matters described in section

9 536(a)(2) of the Foreign Relations Author10 ization Act, Fiscal Years 1994 and 1995

11 (Public Law 103–236).’’.

12 SEC. 2303. ESTABLISHMENT OF COORDINATOR FOR HUMAN

13 RIGHTS AND REFUGEES, BUREAU OF REFU14 GEE AND MIGRATION ASSISTANCE, AND BU15 REAU OF DEMOCRACY, HUMAN RIGHTS, AND

16 LABOR.

17 (a) ESTABLISHMENT OF COORDINATOR FOR HUMAN

18 RIGHTS AND REFUGEES.—Section 1(e) of the State Depart19 ment Basic Authorities Act (22 U.S.C. 2651a(e)) is amend20 ed by adding after paragraph (3) the following new para21 graph:

22 ‘‘(4) COORDINATOR FOR HUMAN RIGHTS AND

23 REFUGEES.—

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

25 Secretary of State a Coordinator for Human
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1 Rights and Refugees (hereafter in this paragraph

2 referred to as the ‘Coordinator’) who shall be ap3 pointed by the President, by and with the advice

4 and consent of the Senate. The Coordinator shall

5 report directly to the Secretary of State.

6 ‘‘(B) The Coordinator shall be responsible

7 for matters pertaining to human rights, refugees,

8 and humanitarian affairs (including matters re9 lating to prisoners of war and members of the

10 United States Armed Forces missing in action)

11 in the conduct of foreign policy. The Coordinator

12 shall head the Bureau of Refugee and Migration

13 Assistance and the Bureau of Democracy,

14 Human Rights, and Labor.

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

16 and status of Ambassador-at-Large. The Coordi17 nator shall be compensated at the annual rate of

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

19 the Executive Schedule under section 5314 of

20 title 5, United States Code, or, if the Coordinator

21 is appointed from the Foreign Service, the an22 nual rate of pay which the individual last re23 ceived under the Foreign Service Schedule,

24 whichever is greater.
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1 ‘‘(D) For purposes of diplomatic protocol

2 among officers of the Department of State, the

3 Coordinator shall take precedence after the Sec4 retary of State, the Deputy Secretary of State,

5 and the Under Secretaries of State and shall

6 take precedence among the Assistant Secretaries

7 of State in the order prescribed by the Secretary

8 of State.’’.

9 (b) TERMINATION OF ASSISTANT SECRETARY OF

10 STATE FOR DEMOCRACY, HUMAN RIGHTS, AND LABOR.—

11 (1) IN GENERAL.—Section 1(c) of the State De12 partment Basic Authorities Act of 1956 (22 U.S.C.

13 2651a(c)) is amended by striking paragraph (2).

14 (2) CONFORMING AMENDMENTS.—The Foreign

15 Assistance Act of 1961 is amended—

16 (A) in section 116(c) (22 U.S.C. 2151n), by

17 striking ‘‘Assistant Secretary of State for Democ18 racy, Human Rights, and Labor’’ and inserting

19 ‘‘Secretary’’;

20 (B) in sections 502B and 505(g)(4)(A) by

21 striking ‘‘, prepared with the assistance of the

22 Assistant Secretary of State for Democracy,

23 Human Rights, and Labor,’’ each place it ap24 pears; and
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1 (C) in section 573(c) by striking ‘‘Assistant

2 Secretary of State for Democracy, Human

3 Rights, and Labor’’ and inserting ‘‘Secretary of

4 State’’.

5 (c) ESTABLISHMENT OF BUREAU OF REFUGEE AND

6 MIGRATION ASSISTANCE AND BUREAU OF DEMOCRACY,

7 HUMAN RIGHTS, AND LABOR.—Section 1 of the State De8 partment Basic Authorities Act of 1956 (22 U.S.C. 2651a)

9 is amended by adding after subsection (e) the following new

10 subsection:

11 ‘‘(f) ESTABLISHMENT OF CERTAIN BUREAUS, OF12 FICES, AND OTHER ORGANIZATIONAL ENTITIES WITHIN

13 THE DEPARTMENT OF STATE.—

14 ‘‘(1) BUREAU OF REFUGEE AND MIGRATION AS15 SISTANCE.—There is established within the Depart16 ment of State the Bureau of Refugee and Migration

17 Assistance which shall assist the Secretary of State in

18 carrying out the Migration and Refugee Assistance

19 Act of 1962. The Bureau shall be headed by the Coor20 dinator for Human Rights and Refugees.

21 ‘‘(2) BUREAU OF DEMOCRACY, HUMAN RIGHTS,

22 AND LABOR.—There is established within the Depart23 ment of State the Bureau of Democracy, Human

24 Rights, and Labor. The Bureau shall be headed by the

25 Coordinator for Human Rights and Refugees. The
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1 Bureau shall continuously observe and review all

2 matters pertaining to human rights and humani3 tarian affairs (including matters relating to prisoners

4 of war and members of the United States Armed

5 Forces missing in action) in the conduct of foreign

6 policy including the following:

7 ‘‘(A) Gathering detailed information re8 garding humanitarian affairs and the observance

9 of and respect for internationally recognized

10 human rights in each country to which the re11 quirements of section 116 and 502B of the For12 eign Assistance Act of 1961 are relevant.

13 ‘‘(B) Preparing the statements and reports

14 to Congress required under section 502B of the

15 Foreign Assistance Act of 1961.

16 ‘‘(C) Making recommendations to the Sec17 retary of State regarding compliance with sec18 tions 116 and 502B of the Foreign Assistance

19 Act of 1961, and as part of the Bureau’s overall

20 policy responsibility for the creation of United

21 States Government human rights policy, advis22 ing the Secretary on the policy framework under

23 which section 116(e) projects are developed and

24 consulting with the Secretary on the selection

25 and implementation of such projects.
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1 ‘‘(D) Performing other responsibilities

2 which serve to promote increased observance of

3 internationally recognized human rights by all

4 countries.’’.

5 SEC. 2304. ELIMINATION OF STATUTORY ESTABLISHMENT

6 OF CERTAIN POSITIONS OF THE DEPART7 MENT OF STATE.

8 (a) ASSISTANT SECRETARY OF STATE FOR SOUTH

9 ASIAN AFFAIRS.—Section 122 of the Foreign Relations Au10 thorization Act, Fiscal Years 1992 and 1993 (22 U.S.C.

11 2652b) is repealed.

12 (b) DEPUTY ASSISTANT SECRETARY OF STATE FOR

13 BURDENSHARING.—Section 161 of the Foreign Relations

14 Authorization Act, Fiscal Years 1994 and 1995 (22 U.S.C.

15 2651a note) is amended by striking subsection (f).

16 (c) ASSISTANT SECRETARY FOR OCEANS AND INTER17 NATIONAL ENVIRONMENTAL AND SCIENTIFIC AFFAIRS.—

18 Section 9 of the Department of State Appropriations Au19 thorization Act of 1973 (22 U.S.C. 2655a) is repealed.

20 SEC. 2305. ESTABLISHMENT OF ASSISTANT SECRETARY OF

21 STATE FOR HUMAN RESOURCES.

22 Section 1(c) of the State Department Basic Authorities

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

24 after paragraph (1) the following new paragraph:
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1 ‘‘(2) ASSISTANT SECRETARY FOR HUMAN RE2 SOURCES.—There shall be in the Department of State

3 an Assistant Secretary for Human Resources who

4 shall be responsible to the Secretary of State for mat5 ters relating to human resources including the imple6 mentation of personnel policies and programs within

7 the Department of State and international affairs

8 functions and activities carried out through the De9 partment of State. The Assistant Secretary shall have

10 substantial professional qualifications in the field of

11 human resource policy and management.’’.

12 SEC. 2306. AUTHORITY OF UNITED STATES PERMANENT

13 REPRESENTATIVE TO THE UNITED NATIONS.

14 Section 2(a) of the United Nations Participation Act

15 of 1945 (22 U.S.C. 287(a)) is amended by striking ‘‘hold

16 office at the pleasure of the President’’ and inserting ‘‘serve

17 at the pleasure of the President and subject to the direction

18 of the Secretary of State’’.
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1 CHAPTER 2—PERSONNEL OF THE DEPART2 MENT OF STATE; THE FOREIGN SERV3 ICE

4 SEC. 2351. AUTHORIZED STRENGTH OF THE FOREIGN SERV5 ICE.

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

7 members of the Foreign Service authorized to be employed

8 as of September 30, 1996—

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

10 9,000, of whom not more than 720 shall be members

11 of the Senior Foreign Service;

12 (2) for the United States Information Agency,

13 shall not exceed 1,150, of whom not more than 165

14 shall be members of the Senior Foreign Service; and

15 (3) for the Agency for International Develop16 ment, not to exceed 1,800, of whom not more than 240

17 shall be members of the Senior Foreign Service.

18 (b) END FISCAL YEAR 1997 LEVELS.—The number of

19 members of the Foreign Service authorized to be employed

20 as of September 30, 1997—

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

22 8,800, of whom not more than 680 shall be members

23 of the Senior Foreign Service;
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1 (2) for the United States Information Agency,

2 not to exceed 1,100 of whom not more than 160 shall

3 be members of the Senior Foreign Service; and

4 (3) for the Agency for International Develop5 ment, not to exceed 1,775 of whom not more than 230

6 shall be members of the Senior Foreign Service.

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

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

9 meaning of such term under section 103 of the Foreign

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

11 does not include—

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

13 and (7) of such section;

14 (2) members of the Service serving under tem15 porary resident appointments abroad;

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

17 a full-time basis;

18 (4) members of the Service subject to involuntary

19 separation in cases in which such separation has been

20 suspended pursuant to section 1106(8) of the Foreign

21 Service Act of 1980; and

22 (5) members of the Service serving under non-ca23 reer limited appointments.

24 (d) WAIVER AUTHORITY.—(1) Subject to paragraph

25 (2), the President may waive any limitation under sub-
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1 section (a) or (b) to the extent that such waiver is necessary

2 to carry on the foreign affairs functions of the United

3 States.

4 (2) Not less than 15 days before the President exercises

5 a waiver under paragraph (1), such agency head shall no6 tify the Chairman of the Committee on Foreign Relations

7 of the Senate and the Chairman of the Committee on Inter8 national Relations of the House of Representatives. Such

9 notice shall include an explanation of the circumstances

10 and necessity for such waiver.

11 SEC. 2352. REPEAL OF AUTHORITY FOR SENIOR FOREIGN

12 SERVICE PERFORMANCE PAY.

13 (a) REPEAL.—Section 405 of the Foreign Service Act

14 of 1980 (22 U.S.C. 3965) is repealed.

15 (b) CONFORMING AMENDMENT.—Section 2 of the For16 eign Service Act of 1980 is amended in the table of contents

17 by striking the item related to section 405.

18 SEC. 2353. RECOVERY OF COSTS OF HEALTH CARE SERV19 ICES.

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

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

22 (1) in subsection (a) by—

23 (A) striking ‘‘and’’ before ‘‘members of the

24 families of such members and employees’’; and
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1 (B) by inserting immediately before the pe2 riod ‘‘, and for care provided abroad) such other

3 persons as are designated by the Secretary of

4 State, except that such persons shall be consid5 ered persons other than covered beneficiaries for

6 purposes of subsections (g) and (h)’’;

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

8 the provisions of subsections (g) and (h)’’ after ‘‘treat9 ment’’; and

10 (3) by adding the following new subsections:

11 ‘‘(g)(1) In the case of a person who is a covered bene12 ficiary, the Secretary of State is authorized to collect from

13 a third-party payer the reasonable costs incurred by the De14 partment of State on behalf of such person for health care

15 services to the same extent that the covered beneficiary

16 would be eligible to receive reimbursement or indemnifica17 tion from the third-party payer for such costs.

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

19 agreement of that third-party payer includes a requirement

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

21 then the Secretary of State may collect from the third-party

22 payer only the reasonable costs of the care provided less the

23 deductible or copayment amount.
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1 ‘‘(3) A covered beneficiary shall not be required to pay

2 any deductible or copayment for health care services under

3 this subsection.

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

5 or health plan contract or agreement having the effect of

6 excluding from coverage or limiting payment of charges for

7 care in the following circumstances shall operate to prevent

8 collection by the Secretary of State under paragraph (1)—

9 ‘‘(A) care provided directly or indirectly by a

10 governmental entity;

11 ‘‘(B) care provided to an individual who has not

12 paid a required deductible or copayment; or

13 ‘‘(C) care provided by a provider with which the

14 third-party payer has no participation agreement.

15 ‘‘(5) No law of any State, or of any political subdivi16 sion of a State, and no provision of any contract or agree17 ment shall operate to prevent or hinder recovery or collec18 tion by the United States under this section.

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

20 of this subsection—

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

22 any right or claim that the covered beneficiary may

23 have against a third-party payer;

24 ‘‘(B) the United States may institute and pros25 ecute legal proceedings against a third-party payer to
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1 enforce a right of the United States under this sub2 section; and

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

4 waive a claim of the United States under this sub5 section.

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

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

8 regulations shall provide for computation of the reasonable

9 cost of health care services.

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

11 provide that medical records of a covered beneficiary receiv12 ing health care under this subsection shall be made avail13 able for inspection and review by representatives of the

14 payer from which collection by the United States is sought

15 for the sole purpose of permitting the third party to ver16 ify—

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

18 or collection is sought were furnished to the covered

19 beneficiary; and

20 ‘‘(B) that the provisions of such care or services

21 to the covered beneficiary meets criteria generally ap22 plicable under the health plan contract involved, ex23 cept that this paragraph shall be subject to the provi24 sions of paragraphs (2) and (4).
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1 ‘‘(9) Amounts collected under this subsection or under

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

3 payer shall be deposited as an offsetting collection to any

4 Department of State appropriation and shall remain avail5 able until expended.

6 ‘‘(10) For purposes of this section—

7 ‘‘(A) the term ‘covered beneficiary’ means an in8 dividual eligible to receive health care under this sec9 tion whose health care costs are to be paid by a third10 party payer under a contractual agreement with such

11 payer;

12 ‘‘(B) the term ‘services’, as used in ‘health care

13 services’ includes products; and

14 ‘‘(C) the term ‘third-party payer’ means an en15 tity that provides a fee-for-service insurance policy,

16 contract, or similar agreement through the Federal

17 Employees Health Benefit program, under which the

18 expenses of health care services for individuals are

19 paid.

20 ‘‘(h) In the case of a person, other than a covered bene21 ficiary, who receives health care services pursuant to this

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

23 such person the reasonable costs of health care services in24 curred by the Department of State on behalf of such person.

25 The United States shall have the same rights against per-
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1 sons subject to the provisions of this subsection as against

2 third-party payers covered by subsection (g).’’.

3 (b) EFFECTIVE DATE.—Subsection (a) shall take effect

4 October 1, 1996.

5 TITLE XXIV—UNITED STATES

6 PUBLIC DIPLOMACY: AU7 THORITIES AND ACTIVITIES

8 FOR UNITED STATES INFOR9 MATIONAL, EDUCATIONAL,

10 AND CULTURAL PROGRAMS

11 CHAPTER 1—GENERAL PROVISIONS

12 SEC. 2401. ELIMINATION OF PERMANENT AUTHORIZATION.

13 Section 208 of the Foreign Relations Authorization

14 Act, Fiscal Years 1992 and 1993 is amended by striking

15 subsection (e).

16 SEC. 2402. EXTENSION OF AU PAIR PROGRAMS.

17 Section 8 of the Eisenhower Exchange Fellowship Act

18 of 1990 (Public Law 101–454) is amended in the last sen19 tence by striking ‘‘fiscal year 1995’’ and inserting ‘‘fiscal

20 year 1997’’.

21 SEC. 2403. EDUCATIONAL AND CULTURAL EXCHANGES

22 WITH HONG KONG.

23 The Director of the United States Information Agency

24 shall conduct programs of educational and cultural ex-
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1 change between the United States and the people of Hong

2 Kong.

3 SEC. 2404. CONDUCT OF CERTAIN EDUCATIONAL AND CUL4 TURAL EXCHANGE PROGRAMS IN ASIA.

5 In carrying out programs of educational and cultural

6 exchange in Hong Kong, China, Vietnam, Cambodia, Tibet,

7 Burma, and East Timor, the Director of the United States

8 Information Agency shall take appropriate steps to provide

9 opportunities for participation in such programs to human

10 rights and democracy leaders of such countries and persons

11 who are nationals but not residents of such countries.

12 SEC. 2405. EDUCATIONAL AND CULTURAL EXCHANGES AND

13 SCHOLARSHIPS FOR TIBETANS AND BUR14 MESE.

15 (a) ESTABLISHMENT OF EDUCATIONAL AND CUL16 TURAL EXCHANGE FOR TIBETANS.—The Director of the

17 United States Information Agency shall establish programs

18 of educational and cultural exchange between the United

19 States and the people of Tibet. Such programs shall include

20 opportunities for training and, as the Director considers

21 appropriate, may include the assignment of personnel and

22 resources abroad.

23 (b) SCHOLARSHIPS FOR TIBETANS AND BURMESE.—

24 (1) For each of the fiscal years 1996 and 1997,

25 at least 30 scholarships shall be made available to Ti-
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1 betan students and professionals who are outside

2 Tibet, and at least 15 scholarships shall be made

3 available to Burmese students and professionals who

4 are outside Burma.

5 (2) WAIVER.—Paragraph (1) shall not apply to

6 the extent that the Director of the United States In7 formation Agency determines that there are not

8 enough qualified students to fulfill such allocation re9 quirement.

10 (3) SCHOLARSHIP DEFINED.—For the purposes

11 of this section, the term ‘‘scholarship’’ means an

12 amount to be used for full or partial support of tui13 tion and fees to attend an educational institution,

14 and may include fees, books, and supplies, equipment

15 required for courses at an educational institution, liv16 ing expenses at a United States educational institu17 tion, and travel expenses to and from, and within, the

18 United States.

19 SEC. 2406. AVAILABILITY OF VOICE OF AMERICA AND RADIO

20 MARTI MULTILINGUAL COMPUTER READABLE

21 TEXT AND VOICE RECORDINGS.

22 (a) IN GENERAL.—Notwithstanding section 208 of the

23 Foreign Relations Authorization Act, Fiscal Years 1986

24 and 1987 (22 U.S.C. 1461–1a) and the second sentence of

25 section 501 of the United States Information and Edu-
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1 cational Exchange Act of 1948 (22 U.S.C. 1461), the Direc2 tor of the United States Information Agency is authorized

3 to make available, upon request, to the Linguistic Data

4 Consortium of the University of Pennsylvania computer

5 readable multilingual text and recorded speech in various

6 languages. The Consortium shall, directly or indirectly as

7 appropriate, reimburse the Director for any expenses in8 volved in making such materials available.

9 (b) TERMINATION.—Subsection (a) shall cease to have

10 effect 5 years after the date of the enactment of this Act.

11 SEC. 2407. RETENTION OF INTEREST.

12 Notwithstanding any other provision of law, with the

13 approval of the National Endowment for Democracy, grant

14 funds made available by the National Endowment for De15 mocracy may be deposited in interest-bearing accounts

16 pending disbursement and any interest which accrues may

17 be retained by the grantee and used for the purposes for

18 which the grant was made.

19 SEC. 2408. USIA OFFICE IN PRISTINA, KOSOVA.

20 (a) ESTABLISHMENT OF OFFICE.—The Director of the

21 United States Information Agency shall seek to establish an

22 office in Pristina, Kosova, for the following purposes:

23 (1) Disseminating information about the United

24 States.
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1 (2) Promoting discussions on human rights, de2 mocracy, rule of law, and conflict resolution.

3 (3) Facilitating United States private sector in4 volvement in educational and cultural activities in

5 Kosova.

6 (4) Advising the United States Government with

7 respect to public opinion in Kosova.

8 (b) REPORT TO CONGRESS.—Not later than April 1

9 of each year until subsection (a) has been fully imple10 mented, the Director of the United States Information

11 Agency shall submit a detailed report on developments re12 lating to the implementation of subsection (a) to the appro13 priate congressional committees.

14 CHAPTER 2—INTERNATIONAL

15 BROADCASTING

16 SEC. 2431. EXPANSION OF BROADCASTING BOARD OF GOV17 ERNORS.

18 Section 304(b) of the United States International

19 Broadcasting Act of 1994 (22 U.S.C. 6203) is amended—

20 (1) in paragraph (1) by striking ‘‘9’’ and insert21 ing ‘‘11’’;

22 (2) in paragraph (1)(A) by striking ‘‘8’’ and in23 serting ‘‘10’’; and

24 (3) in paragraph (3) by striking ‘‘4’’ and insert25 ing ‘‘5’’.
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1 SEC. 2432. PLAN FOR RADIO FREE ASIA.

2 Section 309(c) of the United States International

3 Broadcasting Act of 1994 (22 U.S.C. 6208(c)) is amended

4 to read as follows:

5 ‘‘(c) SUBMISSION OF PLAN.—Not later than 90 days

6 after the date of the enactment of the Foreign Relations Au7 thorization Act, Fiscal Years 1996 and 1997, the Director

8 of the United States Information Agency shall submit to

9 the Congress a detailed plan for the establishment and oper10 ation of Radio Free Asia in accordance with this section.

11 Such plan shall include the following:

12 ‘‘(1) A description of the manner in which Radio

13 Free Asia would meet the funding limitations pro14 vided in subsection (d)(4).

15 ‘‘(2) A description of the numbers and qualifica16 tions of employees it proposes to hire.

17 ‘‘(3) How it proposes to meet the technical re18 quirements for carrying out its responsibilities under

19 this section.’’.

20 SEC. 2433. PILOT PROJECT FOR FREEDOM BROADCASTING

21 TO ASIA.

22 (a) AUTHORITY.—The Director of the United States

23 Information Agency shall make grants for broadcasting to

24 the People’s Republic of China, Burma, Cambodia, Laos,

25 North Korea, Tibet, and Vietnam. Such broadcasting shall

26 provide accurate and timely information, news, and com-
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1 mentary about events in the respective countries of Asia and

2 elsewhere, and shall be a forum for a variety of opinions

3 and voices from within Asian nations whose people do not

4 fully enjoy freedom of expression.

5 (b) PURPOSE.—The purpose of such grants shall be to

6 provide such broadcasting on an interim basis during the

7 period before Radio Free Asia becomes fully operational.

8 (c) APPLICATIONS.—In considering applications for

9 grants, the Director of the United States Information Agen10 cy shall give strong preference to entities which (1) take

11 advantage of the expertise of political and religious dis12 sidents and pro-democracy and human rights activists from

13 within the countries to whom broadcasting is directed, in14 cluding exiles from these countries; and (2) take advantage

15 of contracts or similar arrangements with existing broad16 cast facilities so as to provide immediate broadcast coverage

17 with low overhead.

18 (d) PLAN.—Not later than 30 days after the date of

19 the enactment of this Act, the Director of the United States

20 Information Agency shall submit to the appropriate con21 gressional committees a plan for implementing this section

22 which shall include details concerning timetable for imple23 mentation, grant criteria, and grant application proce24 dures. The procedures and timetable should be designed to
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1 ensure that grantees will begin broadcasting not later than

2 120 days after the date of the enactment of this Act.

3 TITLE XXV—INTERNATIONAL OR4 GANIZATIONS AND COMMIS5 SIONS

6 CHAPTER 1—GENERAL PROVISIONS

7 SEC. 2501. INTERNATIONAL BOUNDARY AND WATER COM8 MISSION.

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

10 277f), is amended in section 3 (22 U.S.C. 277b) by adding

11 at the end the following new subsection:

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

13 in order to facilitate further compliance with the terms of

14 the Convention for Equitable Distribution of the Waters of

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

16 Secretary of State, acting through the United States Com17 missioner of the International Boundary and Water Com18 mission, may make improvements to the Rio Grande Canal19 ization Project, originally authorized by the Act of August

20 29, 1935 (49 Stat. 961). Such improvements may include

21 all such works as may be needed to stabilize the Rio Grande

22 in the reach between the Percha Diversion Dam in New

23 Mexico and the American Diversion Dam in 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 author8 ized to be appropriated for ‘‘Assessed Contributions to

9 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 im14 plement or to continue to implement consensus-based deci15 sionmaking procedures on budgetary matters which assure

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

17 States and other member states that are the major financial

18 contributors to such assessed budgets.

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

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

21 of the United States assessed contribution to the United Na22 tions or its specialized agencies pursuant to subsection (a)

23 and shall notify the Congress when the decision is made

24 to pay any previously withheld assessed contribution. A no25 tification under this subsection shall include appropriate
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1 consultation between the President (or the President’s rep2 resentative) and the Committee on International Relations

3 of the House of Representatives and the Committee on For4 eign Relations of the Senate.

5 (c) CONTRIBUTIONS FOR PRIOR YEARS.—Subject to

6 the availability of appropriations, payment of assessed con7 tributions for prior years may be made to the United Na8 tions or any of its specialized agencies notwithstanding sub9 section (a) if such payment would further United States

10 interests in that organization.

11 (d) REPORT TO CONGRESS.—Not later than February

12 1 of each year, the President shall submit to the appropriate

13 congressional committees a report concerning the amount

14 of United States assessed contributions paid to the United

15 Nations and each of its specialized agencies during the pre16 ceding calendar year.

17 SEC. 2522. LIMITATION ON CONTRIBUTIONS TO THE UNIT18 ED NATIONS OR UNITED NATIONS AFFILI19 ATED 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 Nations

2 grants full membership as a state in the United Na3 tions to any organization or group that does not have

4 the internationally recognized attributes of statehood,

5 during any period in which such membership is effective.

6 SEC. 2523. REPORT ON UNICEF.

7 Not later than December 31, 1995, the Secretary of

8 State shall transmit to the appropriate congressional com9 mittees a report on (1) the progress of UNICEF toward ef10 fective financial, program, and personnel management; (2)

11 the progress of UNICEF in shifting its health, child sur12 vival, and maternal survival programs toward efficient and

13 low-overhead contractors, with particular emphasis on non14 governmental organizations; and (3) the extent to which

15 UNICEF has demonstrated its commitment to its tradi16 tional mission of child health and welfare and resisted pres17 sure to become involved in functions performed by other

18 United Nations agencies.

19 SEC. 2524. UNITED NATIONS BUDGETARY AND MANAGE20 MENT REFORM.

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

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

23 at the end the following new section:
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1 ‘‘SEC. 10. (a) WITHHOLDING OF CONTRIBUTIONS RE2 LATED TO THE ROLE OF THE INSPECTOR GENERAL OF THE

3 UNITED NATIONS.—

4 ‘‘(1) ASSESSED CONTRIBUTIONS FOR REGULAR

5 UNITED NATIONS BUDGET.—For fiscal year 1996 and

6 for each subsequent fiscal year, 20 percent of the

7 amount of funds made available for that fiscal year

8 for United States assessed contributions for the regu9 lar United Nations budget shall be withheld from obli10 gation and expenditure unless a certification for that

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

12 ‘‘(2) ASSESSED CONTRIBUTIONS FOR UNITED NA13 TIONS PEACEKEEPING.—For fiscal year 1996 and for

14 each subsequent fiscal year, 50 percent of the amount

15 of funds made available for that fiscal year for Unit16 ed States assessed contributions for United Nations

17 peacekeeping activities shall be withheld from obliga18 tion and expenditure unless a certification for that

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

20 ‘‘(3) VOLUNTARY CONTRIBUTIONS FOR UNITED

21 NATIONS PEACEKEEPING.—For fiscal year 1996 and

22 for each subsequent fiscal year, the United States may

23 not pay any voluntary contribution to the United Na24 tions for international peacekeeping activities unless
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1 a certification for that fiscal year has been made

2 under subsection (b).

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

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

5 President to the Congress, submitted on or after the begin6 ning of that fiscal year, of each of the following:

7 ‘‘(1) The United Nations has an independent of8 fice of Inspector General to conduct and supervise ob9 jective audits, inspections, and investigations relating

10 to programs and operations of the United Nations.

11 ‘‘(2) The United Nations has an Inspector Gen12 eral who was appointed by the Secretary General

13 with the approval of the General Assembly and whose

14 appointment was made principally on the basis of the

15 appointee’s integrity and demonstrated ability in ac16 counting, auditing, financial analysis, law, manage17 ment analysis, public administration, or investiga18 tion.

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

20 ‘‘(A) make investigations and reports relat21 ing to the administration of the programs and

22 operations of the United Nations;

23 ‘‘(B) have access to all records, documents,

24 and other available materials relating to those

25 programs and operations;
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1 ‘‘(C) have direct and prompt access to any

2 official of the United Nations; and

3 ‘‘(D) have access to all records and officials

4 of the specialized agencies of the United Nations.

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

6 and made available to all member states, procedures

7 that effectively protect the identity of, and prevent re8 prisals against, any staff member of the United Na9 tions making a complaint or disclosing information

10 to, or cooperating in any investigation or inspection

11 by, the United Nations Inspector General.

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

13 procedures that ensure compliance with recommenda14 tions of the United Nations Inspector General.

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

16 Nations Inspector General to issue an annual report

17 and has ensured that the annual report and all other

18 reports of the Inspector General are made available to

19 the General Assembly without modification.

20 ‘‘(7) The United Nations has provided, and is

21 committed to providing, sufficient budgetary resources

22 to ensure the effective operation of the United Nations

23 Inspector General.’’.

24 (b) WITHHOLDING OF CONTRIBUTIONS RELATED TO

25 CONTRACTING OF THE UNITED NATIONS.—The United Na-
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1 tions Participation Act of 1945 (22 U.S.C. 287 et seq.) is

2 further amended by adding at the end the following new

3 section:

4 ‘‘SEC. 11. (a) WITHHOLDING OF CONTRIBUTIONS RE5 LATED TO TIMELY NOTICE OF CONTRACT OPPORTUNITIES

6 AND CONTRACT AWARDS.—

7 ‘‘(1) WITHHOLDING OF ASSESSED CONTRIBU8 TIONS FOR REGULAR UNITED NATIONS BUDGET.—For

9 fiscal year 1997 and for each subsequent fiscal year,

10 10 percent of the amount of funds made available for

11 that fiscal year for United States assessed contribu12 tions for the regular United Nations budget shall be

13 withheld from obligation and expenditure unless a

14 certification for that fiscal year has been made under

15 paragraph (2).

16 ‘‘(2) CERTIFICATION.—The certification referred

17 to in paragraph (1) for any fiscal year is a certifi18 cation by the President to the Congress, submitted on

19 or after the beginning of that fiscal year, that the

20 United Nations has implemented a system requiring

21 (A) prior notification for the submission of all quali22 fied bid proposals on all United Nations procurement

23 opportunities over $100,000 and (B) a public an24 nouncement of the award of any contract over
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1 $100,000. To the extent practicable, notifications shall

2 be made in the Commerce Business Daily.

3 ‘‘(b) WITHHOLDING OF CONTRIBUTIONS RELATED TO

4 DISCRIMINATION AGAINST COMPANIES WHICH CHALLENGE

5 CONTRACT AWARDS.—

6 ‘‘(1) WITHHOLDING OF ASSESSED CONTRIBU7 TIONS FOR REGULAR UNITED NATIONS BUDGET.—For

8 fiscal year 1997 and for each subsequent fiscal year,

9 10 percent of the amount of funds made available for

10 that fiscal year for United States assessed contribu11 tions for the regular United Nations budget shall be

12 withheld from obligation and expenditure unless a

13 certification for that fiscal year has been made under

14 paragraph (2).

15 ‘‘(2) CERTIFICATION.—The certification referred

16 to in paragraph (1) for any fiscal year is a certifi17 cation by the President to the Congress, submitted on

18 or after the beginning of that fiscal year, that the pro19 curement regulations of the United Nations prohibit

20 punitive actions such as the suspension of contract

21 eligibility for contractors who challenge contract

22 awards or complain about delayed payments.

23 ‘‘(c) WITHHOLDING OF CONTRIBUTIONS RELATED TO

24 ESTABLISHMENT OF A UNITED NATIONS CONTRACT RE25 VIEW PROCESS.—
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1 ‘‘(1) WITHHOLDING OF ASSESSED CONTRIBU2 TIONS FOR REGULAR UNITED NATIONS BUDGET.—For

3 fiscal year 1998 and for each subsequent fiscal year,

4 10 percent of the amount of funds made available for

5 that fiscal year for United States assessed contribu6 tions for the regular United Nations budget shall be

7 withheld from obligation and expenditure unless a

8 certification for that fiscal year has been made under

9 paragraph (2).

10 ‘‘(2) CERTIFICATION.—The certification referred

11 to in paragraph (1) for any fiscal year is a certifi12 cation by the President to the Congress, submitted on

13 or after the beginning of that fiscal year, that the

14 United Nations has established a contract review

15 process for contracts over $100,000 and a process to

16 assure unsuccessful bidders a timely opportunity to

17 challenge awards for contracts over $100,000 such

18 bidders consider to have been made improperly.’’.

19 (c) PROCUREMENT INFORMATION.—Section 4(d) of the

20 United Nations Participation Act of 1945 (22 U.S.C.

21 287b(d)), as amended by section 407 of the Foreign Rela22 tions Authorization Act, Fiscal Years 1994 and 1995 (Pub23 lic Law 103–236) is amended in paragraph (2)(B) by in24 serting before the period ‘‘, including local procurement con25 tracts’’.
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1 TITLE XXVI—FOREIGN POLICY

2 PROVISIONS

3 CHAPTER 1—MISCELLANEOUS FOREIGN

4 POLICY PROVISIONS

5 SEC. 2601. TAIWAN RELATIONS ACT.

6 (a) APPLICABILITY.—Section 3 of the Taiwan Rela7 tions Act (22 U.S.C. 3302) is amended by adding at the

8 end the following new 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 (b) VISITS TO THE UNITED STATES BY OFFICIALS OF

13 THE GOVERNMENT OF THE REPUBLIC OF CHINA ON TAI14 WAN.—Section 4 of the Taiwan Relations Act (22 U.S.C.

15 3303) is amended by adding at the end the following new

16 subsection:

17 ‘‘(e) The Congress finds and declares that there are no

18 legitimate foreign policy grounds for preventing members

19 of the government chosen by the people of Taiwan from

20 making private visits to the United States. Accordingly,

21 notwithstanding any other provision of law, no official of

22 the government of the Republic of China on Taiwan may

23 be excluded from the United States on the basis of a deter24 mination by the Secretary of State that the entry or pro25 posed activities in the United States of such individual
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1 would have potentially serious adverse foreign policy con2 sequences for the United States.’’.

3 SEC. 2602. BOSNIA GENOCIDE JUSTICE ACT.

4 (a) SHORT TITLE.—This section may be cited as the

5 ‘‘Bosnia Genocide Justice Act’’.

6 (b) POLICY.—

7 (1) IN GENERAL.—Consistent with international

8 law, it is the policy of the United States to bring to

9 justice persons responsible for genocide, war crimes,

10 crimes against humanity and other serious violations

11 of international humanitarian law committed in the

12 territory of the former Yugoslavia since 1991.

13 (2) SENSE OF CONGRESS.—The Congress urges

14 the President—

15 (A) to collect or assist appropriate organi16 zations and individuals to collect relevant data

17 on these crimes committed in the former Yugo18 slavia;

19 (B) to share such data with the War Crimes

20 Tribunal for the former Yugoslavia established

21 by the Security Council of the United Nations;

22 (C) to assist United Nations efforts to inves23 tigate, prosecute, and try those responsible for

24 genocide, war crimes, crimes against humanity

25 and other serious violations of international hu-
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1 manitarian law committed in the territory of the

2 former Yugoslavia since 1991;

3 (D) to submit to the Congress implementing

4 legislation to enable compliance with requests

5 and orders of the tribunal; and

6 (E) to support the ongoing work of the Tri7 bunal through adequate financial contributions

8 to the United Nations Voluntary Fund for the

9 War Crimes Tribunal for the former Yugoslavia

10 for 1996 and 1997.

11 (c) REPORTING REQUIREMENT.—Beginning 6 months

12 after the date of enactment of this Act, and every 6 months

13 thereafter during fiscal years 1996 and 1997, the President

14 shall submit a report describing the steps taken to imple15 ment the provisions of this section to the appropriate con16 gressional committees.

17 SEC. 2603. EXPANSION OF COMMISSION ON SECURITY AND

18 COOPERATION IN EUROPE.

19 Section 3(a) of the Act entitled ‘‘An Act to establish

20 a Commission on Security and Cooperation in Europe’’,

21 approved June 3, 1976 (22 U.S.C. 3003) is amended—

22 (1) by striking ‘‘twenty-one’’ and inserting

23 ‘‘twenty-nine’’; and

24 (2) by striking paragraphs (1) and (2) and in25 serting the following:
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1 ‘‘(1) Thirteen Members of the House of Rep2 resentatives appointed by the Speaker of the House of

3 Representatives. Seven Members shall be selected from

4 the majority party and six Members shall be selected,

5 after consulation with the minority leader of the

6 House, from the minority party.

7 ‘‘(2) Thirteen Members of the Senate appointed

8 by the President of the Senate. Seven Members shall

9 be selected from the majority party of the Senate,

10 after consultation with the majority leader, and six

11 Members shall be selected, after consultation with the

12 minority leader of the Senate, from the minority

13 party.’’.

14 CHAPTER 2—RELATING TO THE UNITED

15 STATES-NORTH KOREA AGREED

16 FRAMEWORK AND THE OBLIGATIONS

17 OF NORTH KOREA UNDER THAT AND

18 PREVIOUS AGREEMENTS WITH RE19 SPECT TO THE DENUCLEARIZATION

20 OF THE KOREAN PENINSULA AND DIA21 LOGUE WITH THE REPUBLIC OF

22 KOREA

23 SEC. 2641. FINDINGS.

24 The Congress makes the following findings:
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1 (1) The United States-Democratic People’s Re2 public of Korea Agreed Framework (hereafter in this

3 chapter referred to as the ‘‘Agreed Framework’’), en4 tered into on October 21, 1994, between the United

5 States and North Korea, requires North Korea to stop

6 and eventually dismantle its graphite-moderated nu7 clear reactor program and related facilities, and com8 ply fully with its obligations under the Treaty on the

9 Non-Proliferation of Nuclear Weapons, in exchange

10 for alternative energy sources, including interim sup11 plies of heavy fuel oil for electric generators and more

12 proliferation-resistant light water reactor technology.

13 (2) The Agreed Framework also commits North

14 Korea to ‘‘consistently take steps to implement the

15 North-South Joint Declaration on the

16 Denuclearization of the Korean Peninsula’’ and ‘‘en17 gage in North-South’’ dialogue with the Republic of

18 Korea.

19 (3) The Agreed Framework does not indicate spe20 cific criteria for full normalization of relations be21 tween the United States and North Korea, and does

22 not link the sequencing of actions in the Agreed

23 Framework with any time-frame for carrying out the

24 provisions of the North-South Joint Declaration on

25 the Denuclearization of the Korean Peninsula and
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1 carrying out the dialogue between North Korea and

2 the Republic of Korea.

3 (4) The commitment by North Korea to carry

4 out the letter and spirit of the Agreed Framework has

5 been put into doubt by actions of North Korea since

6 October 21, 1994, including the suspected diversion of

7 United States heavy fuel oil in apparent contraven8 tion of the agreed purpose of the interim fuel deliv9 eries, the refusal to accept light water reactors from

10 the Republic of Korea, the harsh denunciations of the

11 Government of the Republic of Korea, and other ac12 tions contrary to the commitment by North Korea to

13 engage in a dialogue with such Government, and the

14 continued conduct of provocative, offensive oriented

15 military exercises.

16 (5) The nuclear threat posed by North Korea is

17 just one of a number of security concerns of the Unit18 ed States arising out of the policies of North Korea.

19 SEC. 2642. CLARIFICATION OF NUCLEAR NONPROLIFERA20 TION OBLIGATIONS OF NORTH KOREA UNDER

21 THE AGREED FRAMEWORK.

22 It is the sense of the Congress that in discussions or

23 negotiations with the Government of North Korea pursuant

24 to the implementation of the United States-Democratic Peo25 ple’s Republic of Korea Agreed Framework entered into on
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1 October 21, 1994, the President should uphold the following

2 minimum conditions relating to nuclear nonproliferation:

3 (1) All spent fuel from the graphite-moderated

4 nuclear reactors and related facilities of North Korea

5 should be removed from the territory of North Korea

6 as is consistent with the Agreed Framework.

7 (2) The International Atomic Energy Agency

8 should have the freedom to conduct any and all in9 spections that it deems necessary to fully account for

10 the stocks of plutonium and other nuclear materials

11 in North Korea, including special inspections of sus12 pected nuclear waste sites, before any nuclear compo13 nents controlled by the Nuclear Supplier Group

14 Guidelines are delivered for a light water reactor for

15 North Korea.

16 (3) The dismantlement of all declared graphite17 based nuclear reactors and related facilities in North

18 Korea, including reprocessing units, should be com19 pleted in accordance with the Agreed Framework and

20 in a manner that effectively bars in perpetuity any

21 reactivation of such reactors and facilities.

22 (4) The United States should suspend actions de23 scribed in the Agreed Framework if North Korea re24 loads its existing 5 megawatt nuclear reactor or re25 sumes construction of nuclear facilities other than
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1 those permitted to be built under the Agreed Frame2 work.

3 SEC. 2643. ROLE OF THE REPUBLIC OF KOREA UNDER THE

4 AGREED FRAMEWORK.

5 It is further the sense of the Congress that the Republic

6 of Korea should play the central role in the project to pro7 vide light water reactors to North Korea under the Agreed

8 Framework.

9 SEC. 2644. FURTHER STEPS TO PROMOTE UNITED STATES

10 SECURITY AND POLITICAL INTERESTS WITH

11 RESPECT TO NORTH KOREA.

12 It is further the sense of the Congress that, after the

13 date of the enactment of this Act, the President should not

14 take further steps toward upgrading diplomatic relations

15 with North Korea beyond opening liaison offices or relaxing

16 trade and investment barriers imposed against North Korea

17 without—

18 (1) action by the Government of North Korea to

19 engage in a North-South dialogue with the Govern20 ment of the Republic of Korea;

21 (2) significant progress toward implementation

22 of the North-South Joint Declaration on the

23 Denuclearization of the Korean Peninsula; and

24 (3) progress toward the achievement of several

25 long-standing United States policy objectives regard-
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1 ing North Korea and the Korean Peninsula, includ2 ing—

3 (A) reducing the number of military forces

4 of North Korea along the Demilitarized Zone

5 and relocating such military forces away from

6 the Demilitarized Zone;

7 (B) prohibiting any movement by North

8 Korea toward the deployment of an intermediate

9 range ballistic missile system; and

10 (C) prohibiting the export by North Korea

11 of missiles and other weapons of mass destruc12 tion, including related technology and compo13 nents.

14 SEC. 2645. RESTRICTIONS ON ASSISTANCE TO NORTH

15 KOREA AND THE KOREAN PENINSULA EN16 ERGY DEVELOPMENT ORGANIZATION.

17 (a) IN GENERAL.—Chapter 1 of part III of the Foreign

18 Assistance Act of 1961 (22 U.S.C. 2370 et seq.) is amended

19 by adding at the end the following new section:

20 ‘‘SEC. 620G. ASSISTANCE TO NORTH KOREA AND THE KO21 REAN PENINSULA ENERGY DEVELOPMENT

22 ORGANIZATION.

23 ‘‘No assistance may be provided under this Act or any

24 other provision of law to North Korea or the Korean Penin25 sula Energy Development Organization unless—
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1 ‘‘(1) such assistance is provided in accordance

2 with all requirements, limitations, and procedures

3 otherwise applicable to the provision of such assist4 ance for such purposes; and

5 ‘‘(2) the President—

6 ‘‘(A) notifies the congressional committees

7 specified in section 634A(a) of this Act prior to

8 the obligation of such assistance in accordance

9 with the procedures applicable to reprogramming

10 notifications under that section, irrespective of

11 the amount of the proposed obligation of such as12 sistance; and

13 ‘‘(B) determines and reports to such com14 mittees that the provision of such assistance is

15 vital to the national interests of the United

16 States.’’.

17 (b) EFFECTIVE DATE.—Section 620G of the Foreign

18 Assistance Act of 1961, as added by subsection (a), applies

19 with respect to assistance provided to North Korea or the

20 Korean Peninsula Energy Development Organization on or

21 after the date of the enactment of this Act.
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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 encourage

6 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 pro10 tection of all Karen, Karenni, and other minorities in

11 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 the

2 sense of the Congress that the President should reduce the

3 diplomatic presence of the United States in Burma by re4 ducing the total number of the members of the Foreign Serv5 ice stationed in Burma on the date of enactment of this

6 Act.

7 CHAPTER 4—TORTURE

8 SEC. 2661. DEFINITIONS.

9 (a) TORTURE.—As used in this chapter, the term ‘‘tor10 ture’’ means any act by which severe pain or suffering,

11 whether physical or mental, is intentionally inflicted on a

12 person for such purposes as obtaining from the person or

13 a third person information or a confession, punishing the

14 person for an act the person or a third person has commit15 ted or is suspected of having committed, or intimidating

16 or coercing the person or a third person, or for any reason

17 based on discrimination of any kind, when such pain or

18 suffering is inflicted by, at the instigation of, or with the

19 consent or acquiescence of a public official or other person

20 acting in an official capacity. It does not include pain or

21 suffering arising only from, inherent in, or incidental to

22 lawful sanctions.

23 (b) SUBSTANTIAL GROUNDS FOR BELIEVING.—As used

24 in this chapter, the term ‘‘substantial grounds for believing’’

25 means substantial evidence.
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1 (c) IN DANGER OF BEING SUBJECTED TO TORTURE.—

2 As used in this chapter, the term ‘‘in danger of being sub3 jected to torture’’ means circumstances in which a reason4 able person would fear subjection to torture.

5 (d) INVOLUNTARILY RETURN.—As used in this chap6 ter, the term ‘‘involuntarily return’’ means to take action

7 by which it is reasonably foreseeable that a person will be

8 required to return to a country against the person’s will,

9 regardless of whether such return is induced by physical

10 force and regardless of whether the person is physically

11 present in the United States.

12 SEC. 2662. UNITED STATES POLICY WITH RESPECT TO THE

13 INVOLUNTARY RETURN OF PERSONS SUB14 JECTED TO TORTURE.

15 No funds authorized to be appropriated by this Act

16 are authorized to be available to expel, extradite, or other17 wise involuntarily return a person to a country in which

18 there are substantial grounds for believing the person would

19 be in danger of being subjected to torture, or to support,

20 promote, or assist such involuntary return.

21 TITLE XXVII—CONGRESSIONAL

22 STATEMENTS

23 SEC. 2701. INTER-AMERICAN ORGANIZATIONS.

24 Taking into consideration the long-term commitment

25 by the United States to the affairs of this Hemisphere and
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1 the need to build further upon the linkages between the

2 United States and its neighbors, the Secretary of State, in

3 allocating the level of resources for international organiza4 tions, should pay particular attention to funding levels of

5 the Inter-American organizations.

6 SEC. 2702. TERRITORIAL INTEGRITY OF BOSNIA AND

7 HERZEGOVINA.

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

9 findings:

10 (1) The sovereign and independent state of

11 Bosnia-Herzegovina was formally recognized by the

12 United States of America on April 7, 1992.

13 (2) The sovereign and independent state of

14 Bosnia-Herzegovina was admitted as a full partici15 pating State of the Conference on Security and Co16 operation in Europe on April 30, 1992.

17 (3) The sovereign and independent state of

18 Bosnia-Herzegovina was admitted as a Member state

19 of the United Nations on May 22, 1992.

20 (4) The United States has declared its deter21 mination to respect and put into practice the Dec22 laration on Principles Guiding Relations between

23 Participating States contained in the Final Act of the

24 Conference on Security and Cooperation in Europe.
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1 (5) Each of the principles has been violated dur2 ing the course of war in Bosnia-Herzegovina: sov3 ereign equality and respect for the rights inherent in

4 sovereignty, refraining from the threat or use of force;

5 inviolability of frontiers; territorial integrity of

6 States; peaceful settlement of disputes; noninterven7 tion in internal affairs; respect for human rights and

8 fundamental freedoms, including the freedom of

9 thought, conscience, religion or belief; equal rights and

10 self-determination of peoples; cooperation among

11 States; and fulfillment in good faith of obligations

12 under international law.

13 (6) Principle II of the Final Act commits the

14 participating States to ‘‘refrain from any manifesta15 tion of force for the purpose of inducing another par16 ticipating State to renounce the full exercise of its

17 sovereign rights’’.

18 (7) Principle III of the Final Act commits the

19 participating States to ‘‘refrain from any demand

20 for, or act of, seizure and usurpation of part or all

21 of the territory of any participating State’’.

22 (8) Principle IV of the Final Act commits the

23 participating States to ‘‘respect the territorial integ24 rity of each of the participating States’’ and ‘‘refrain

25 from any action inconsistent with the purposes and
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1 principles of the Charter of the United Nations

2 against the territorial integrity, political independ3 ence or the unity of any participating State’’.

4 (9) The Charter of Paris for a New Europe com5 mits the participating States ‘‘to cooperate in defend6 ing democratic institutions against activities which

7 violate the independence, sovereign equality, or terri8 torial integrity of the participating States’’.

9 (10) The Helsinki Document 1992 reaffirms ‘‘the

10 validity of the guiding principles and common values

11 of the Helsinki Final Act and the Charter of Paris,

12 embodying responsibilities of States towards each

13 other and of governments towards their own people’’

14 which serve as the ‘‘collective conscience of our com15 munity’’.

16 (11) The Charter of the United Nations calls

17 upon Member states to respect the territorial integrity

18 and political independence of any state in keeping

19 with the Purposes of the United Nations.

20 (12) The sovereign and independent state of

21 Bosnia-Herzegovina has been and continues to be sub22 jected to armed aggression Bosnian Serb forces, Cro23 atian Serb forces, and others in violation of Final Act

24 and the Charter.
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1 (13) Unchecked armed aggression and genocide

2 threatens the lives of innocent civilians as well as the

3 very existence of the sovereign and independent state

4 of Bosnia-Herzegovina.

5 (b) SENSE OF CONGRESS.—It is the sense of the Con6 gress that the United States should refuse to recognize the

7 incorporation of any of the territory of Bosnia-Herzegovina

8 into the territory of any neighboring state or the creation

9 of any new state or states within the borders of Bosnia10 Herzegovina resulting from the threat or use of force, coer11 cion, or any other means inconsistent with international

12 law.

13 SEC. 2703. THE LAOGAI SYSTEM OF POLITICAL PRISONS.

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

15 findings:

16 (1) The Chinese gulag, known as the Laogai, was

17 created as a primary means of political repression

18 and control when the Communists assumed power in

19 China in 1949.

20 (2) The Laogai has caused millions of people to

21 suffer grave human rights abuses over the past 46

22 years, including countless deaths.

23 (3) The Laogai continues to be used to incarcer24 ate unknown numbers of ordinary citizens for politi-
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1 cal reasons, including workers, students, intellectuals,

2 religious believers, and Tibetans.

3 (4) So-called ‘‘thought reform’’ is a standard

4 practice of Laogai officials, and reports of torture are

5 routinely received by human rights organizations

6 from Laogai prisoners and survivors.

7 (5) Negotiations about unfettered access to

8 Laogai prisoners between the Chinese Government

9 and the International Red Cross have ceased.

10 (6) The Laogai is in reality a huge system of

11 forced labor camps in which political and penal

12 criminals are slave laborers producing an array of

13 products for export throughout the world, including

14 the United States.

15 (7) The Chinese Government continues to main16 tain, as part of its official propaganda and in defi17 ance of significant evidence to the contrary gathered

18 by many human rights organizations, that the Laogai

19 is a prison system like any other in the world.

20 (8) Testimony delivered before the Subcommittee

21 on International Operations and Human Rights of

22 the Committee on International Relations of the

23 House of Representatives has documented human

24 rights abuses in the Laogai which continue to this

25 day.
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1 (9) The American people have repeatedly ex2 pressed their abhorrence of forced labor camps sys3 tems, whether they be operated by the Nazis, Soviet

4 Communists, or any other political ideology.

5 (b) SENSE OF CONGRESS.—It is the sense of the Con6 gress that the President should—

7 (1) publicly condemn the continued existence of

8 the Laogai, and call upon the Government of the Peo9 ple’s Republic of China to dismantle it, and release

10 all of its political prisoners; and

11 (2) instruct the appropriate diplomatic rep12 resentatives of the United States to cause a resolution

13 condemning the Laogai to be put before the United

14 Nations Human Rights Commission and work for its

15 passage.

16 SEC. 2704. CONCERNING THE USE OF FUNDS TO FURTHER

17 NORMALIZE RELATIONS WITH VIETNAM.

18 It is the sense of the Congress that none of the funds

19 authorized to be appropriated or otherwise made available

20 by this Act may be obligated or expended to further normal21 ize diplomatic relations between the United States and Viet22 nam, until Vietnam—

23 (1) releases all of its political and religious pris24 oners;
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1 (2) accounts for American POWs and MIAs from

2 the Vietnam War;

3 (3) holds democratic elections; and

4 (4) institutes policies which protect human

5 rights.

6 SEC. 2705. DECLARATION OF CONGRESS REGARDING UNIT7 ED STATES GOVERNMENT HUMAN RIGHTS

8 POLICY TOWARD CHINA.

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

10 findings:

11 (1) According to the 1994 State Department

12 Country Reports on Human Rights Practices there

13 continue to be ‘‘widespread and well-documented

14 human rights abuses in China, in violation of inter15 nationally accepted norms . . . (including) arbitrary

16 and lengthy incommunicado detention, torture, and

17 mistreatment of prisoners. The regime continued se18 vere restrictions on freedoms of speech, press assembly

19 and association, and tightened controls on the exercise

20 of these rights during 1994. Serious human rights

21 abuses persisted in Tibet and other areas populated

22 by ethnic minorities’’.

23 (2) The President, in announcing his decision on

24 Most Favored Nation trading status for China in

25 May 1994 stated that, ‘‘China continues to commit
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1 very serious human rights abuses. Even as we engage

2 the Chinese on military, political, and economic is3 sues, we intend to stay engaged with those in China

4 who suffer from human rights abuses. The United

5 States must remain a champion of their liberties’’.

6 (b) SENSE OF CONGRESS.—It is the sense of the Con7 gress that the President should take the following actions:

8 (1) Decline the invitation to visit China until

9 and unless there is dramatic overall progress on

10 human rights in China and Tibet and communicate

11 to the Government of China that such a visit cannot

12 take place without such progress. Indications of over13 all progress would include the release of hundreds of

14 political, religious, and labor activists; an agreement

15 to allow unhindered confidential access to prisoners

16 by international humanitarian agencies; enactment of

17 major legal reforms such as an end to all restrictions

18 on the exercise of freedom of religion, revocation of the

19 1993 state security law, and the abolition of all so20 called ‘‘counter-revolutionary’’ crimes; an end to

21 forced abortion, forced sterilization, and the provision

22 by government facilities of human fetal remains for

23 consumption as food; and a decision to allow unre24 stricted access to Tibet by foreign media and inter25 national human rights monitors.
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1 (2) Seek to develop an agreement on a multilat2 eral strategy to promote human rights in China with

3 other members of the G–7, beginning with the meeting

4 of the G–7 industrial partners scheduled for June

5 1995 in Halifax, Nova Scotia. Such an agreement

6 should include efforts to encourage greater cooperation

7 by the Government of China with the human rights

8 rapporteurs and working groups of the United Na9 tions Human Rights Commission, as well as bilateral

10 and multilateral initiatives to secure the uncondi11 tional release of imprisoned peaceful pro-democracy

12 advocates such as Wei Jingsheng.

13 (3) Instruct the United States delegates to the

14 United Nations Fourth World Conference on Women

15 in September 1995 to vigorously and publicly support

16 nongovernmental organizations that may be subjected

17 to harassment or to restrictions or limitations on

18 their activities, access to the media, or to channels of

19 communication during the conference by the Govern20 ment of China and to protest publicly and privately

21 any actions by the Government of China aimed at

22 punishing or repressing Chinese citizens who seek to

23 peacefully express their views or communicate with

24 foreign citizens or media during or following the

25 United Nations Conference.
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1 (4) Extend an invitation to the Dalai Lama to

2 visit Washington, District of Columbia, in 1995.

3 (c) UNITED STATES GOVERNMENT HUMAN RIGHTS

4 POLICY TOWARD CHINA.—It shall be the policy of the Unit5 ed States Government to continue to promote internation6 ally recognized human rights and worker rights in China

7 and Tibet. The President shall submit the following reports

8 on the formulation and implementation of United States

9 human rights policy toward China and the results of that

10 policy to the International Relations Committee of the

11 House of Representatives :

12 (1) Not later than 90 days after the date of en13 actment of this Act, the President shall report on the

14 status of the ‘‘new United States Human Rights Pol15 icy for China’’ announced by the President on May

16 26, 1994, including an assessment of the implementa17 tion and effectiveness of the policy in bringing about

18 human rights improvements in China and Tibet, with

19 reference to the following specific initiatives an20 nounced on that date:

21 (A) High-level dialogue on human rights.

22 (B) Voluntary principles in the area of

23 human rights for United States businesses oper24 ating in China.
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1 (C) Increased contact with and support for

2 groups and individuals in China promoting law

3 reform and human rights.

4 (D) Increased exchanges to support human

5 rights law reform in China.

6 (E) The practice of all United States offi7 cials who visit China to meet with the broadest

8 possible spectrum of Chinese citizens.

9 (F) Increased efforts to press United States

10 views on human rights in China at the United

11 Nations, the United Nations Human Rights

12 Commission, and other international organiza13 tions.

14 (G) A plan of international actions to ad15 dress Tibet’s human rights problems and to pro16 mote substantive discussions between the Dalai

17 Lama and the Chinese Government.

18 (H) Efforts to use the 1995 United Nations

19 Women’s Conference in Beijing to expand free20 doms of speech, association, and assembly, as

21 well as the rights of women, in China.

22 (I) An information strategy for promoting

23 human rights by expanding Chinese and Tibetan

24 language broadcasts on the Voice of America and

25 establishing Radio Free Asia.
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1 (J) Encouraging the Chinese Government to

2 permit international human rights groups to op3 erate in and visit China.

4 The report required by this paragraph shall also as5 sess the progress, if any, of the People’s Republic of

6 China toward ending forced abortion, forced steriliza7 tion, and other coercive population control practices.

8 (2) Not later than 120 days after the date of en9 actment of this Act, the President shall report on the

10 status of Chinese Government compliance with United

11 States laws prohibiting the importation into the

12 United States of forced labor products, including (but

13 not limited to) a complete assessment and report on

14 the implementation of the Memorandum of Under15 standing signed by the United States and China in

16 1992. The report shall include (but not be limited to)

17 the following:

18 (A) All efforts made by the United States

19 Customs Service from 1992 until the date of the

20 report to investigate forced labor exports and to

21 conduct unannounced unrestricted inspections of

22 suspected forced labor sites in China, and the ex23 tent to which Chinese authorities cooperated with

24 such investigations.
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1 (B) Recommendations of what further steps

2 might be taken to enhance United States effec3 tiveness in prohibiting forced labor exports to the

4 United States from China.

5 SEC. 2706. CONCERNING THE UNITED NATIONS VOLUNTARY

6 FUND FOR VICTIMS OF TORTURE.

7 It is the sense of the Congress that the President, acting

8 through the United States Permanent Representative to the

9 United Nations, should—

10 (1) request the United Nations Voluntary Fund

11 for Victims of Torture—

12 (A) to find new ways to support and protect

13 treatment centers that are carrying out rehabili14 tative services for victims of torture; and

15 (B) to encourage the development of new

16 such centers;

17 (2) use the voice and vote of the United States

18 to support the work of the Special Rapporteur on

19 Torture and the Committee Against Torture estab20 lished under the Convention Against Torture and

21 Other Cruel, Inhuman or Degrading Treatment or

22 Punishment; and

23 (3) use the voice and vote of the United States

24 to establish a country rapporteur or similar proce25 dural mechanism to investigate human rights viola-
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1 tions in a country if either the Special Rapporteur or

2 the Committee Against Torture indicates that a sys3 tematic practice of torture is prevalent in that coun4 try.

5 SEC. 2707. RECOMMENDATIONS OF THE PRESIDENT FOR

6 REFORM OF WAR POWERS RESOLUTION.

7 It is the sense of the Congress that the President should

8 transmit to the Congress recommendations for reform of the

9 War Powers Resolution (50 U.S.C. 1541 et seq.) in order

10 to permit the Congress and the President to more effectively

11 fulfill their constitutional responsibilities with respect to the

12 deployment of United States Armed Forces abroad.

13 SEC. 2708. CONFLICT IN KASHMIR.

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

15 reiterates the need for all parties to the conflict in Kashmir

16 to enter into negotiations and resolve the conflict peacefully.

17 The Congress urges the executive branch to work with all

18 parties to facilitate a peaceful negotiated settlement of the

19 Kashmir conflict.

20 SEC. 2709. UNITED STATES RELATIONS WITH THE FORMER

21 YUGOSLAV REPUBLIC OF MACEDONIA

22 (FYROM).

23 It is the sense of the Congress that the Former Yugoslav

24 Republic of Macedonia (FYROM) should be eligible for all

25 United States foreign assistance programs, including pro-
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1 grams of the Export-Import Bank and the Overseas Private

2 Investment Corporation, if the government continues to re3 spect the rights of all ethnic minorities.

4 SEC. 2710. SENSE OF THE CONGRESS RELATING TO INDO5 NESIA.

6 It is the sense of the Congress that—

7 (1) the United States should continue to urge

8 progress in promotion and protection of internation9 ally recognized human rights by the Government of

10 Indonesia;

11 (2) in its bilateral relations with the Government

12 of Indonesia, the United States should place a high

13 priority on public and private efforts to urge the Gov14 ernment of Indonesia to take specific steps to remove

15 restrictions of freedom of expression and association,

16 to allow freedom of the press, to allow freedom of reli17 gion, to end arbitrary arrests and torture and ill18 treatment, to cease official attacks on nongovern19 mental organizations, to end the widespread denial of

20 worker rights, and to hold members of the military

21 accountable for human rights abuses;

22 (3) with respect to the situation in East Timor,

23 the United States should call on the Government of

24 Indonesia to make public the complete findings of the

25 investigations into the killings of unarmed civilians
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1 in Liquica on January 12, 1995, including the re2 ports of the Army Council of Military Honor and the

3 findings of the National Human Rights Commission,

4 and that those responsible for the killings be identified

5 and brought to justice;

6 (4) the United States should continue to press

7 the Government of Indonesia to fully comply with the

8 1994 and 1995 recommendations of the United Na9 tions Human Rights Commission regarding the need

10 for a full accounting of the Dili incident of November

11 1991;

12 (5) the United States should urge the Govern13 ment of Indonesia to allow independent human rights

14 monitoring organizations and foreign journalists

15 unhindered access to East Timor;

16 (6) the United States should urge the Govern17 ment of Indonesia to respect free practice of religion,

18 including Christianity, in Indonesia, including East

19 Timor; and

20 (7) the President should instruct the United

21 States delegates to the annual Indonesia aid consor22 tium donor meeting in July 1995 to again raise con23 cerns about human rights violations in Indonesia, in24 cluding restrictions of freedom of the press, attacks on
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1 nongovernmental organizations, and widespread vio2 lations of human rights in East Timor.

3 SEC. 2711. DISPLACED PERSONS.

4 It is the sense of the Congress that of the amounts made

5 available to the United Nations Development Program (and

6 United Nations Development Program-Administered

7 Funds), at least $20,000,000 for fiscal year 1996 and

8 $20,000,000 for fiscal year 1997 should be available for pro9 grams and services conducted in cooperation with the Inter10 national Organization for Migration, the International

11 Committee for the Red Cross, and nongovernmental organi12 zations, for persons who are displaced within their coun13 tries of nationality.

14 DIVISION C—FOREIGN

15 ASSISTANCE AUTHORIZATIONS

16 SEC. 3001. SHORT TITLE.

17 This division may be cited as the ‘‘Foreign Aid Reduc18 tion Act of 1995’’.

19 SEC. 3002. DECLARATION OF POLICY.

20 The Congress declares the following:

21 (1) United States leadership overseas must be

22 maintained to support our vital national security,

23 economic, and humanitarian interests.
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1 (2) As part of this leadership, United States for2 eign assistance programs are essential to support

3 these national interests.

4 (3) However, United States foreign assistance

5 programs can be responsibly reduced while maintain6 ing United States leadership overseas.

7 TITLE XXXI—DEFENSE AND

8 SECURITY ASSISTANCE

9 CHAPTER 1—MILITARY AND RELATED

10 ASSISTANCE

11 Subchapter A—Foreign Military Financing

12 Program

13 SEC. 3101. AUTHORIZATION OF APPROPRIATIONS.

14 There are authorized to be appropriated for grant as15 sistance under section 23 of the Arms Export Control Act

16 (22 U.S.C. 2763) and for the subsidy cost, as defined in

17 section 502(5) of the Federal Credit Reform Act of 1990,

18 of direct loans under such section—

19 (1) $3,284,440,000 for fiscal year 1996; and

20 (2) $3,240,020,000 for fiscal year 1997.

21 SEC. 3102. ADMINISTRATIVE EXPENSES.

22 Of the amounts made available for fiscal years 1996

23 and 1997 for assistance under the ‘‘Foreign Military Fi24 nancing Program’’ account under section 23 of the Arms

25 Export Control Act (22 U.S.C. 2763), not more than
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1 $24,020,000 for each such fiscal year may be made available

2 for necessary expenses for the general costs of administra3 tion of military assistance and sales, including expenses in4 curred in purchasing passenger motor vehicles for replace5 ment for use outside the United States.

6 SEC. 3103. ASSISTANCE FOR ISRAEL.

7 (a) MINIMUM ALLOCATION.—Of the amounts made

8 available for fiscal years 1996 and 1997 for assistance

9 under the ‘‘Foreign Military Financing Program’’ account

10 under section 23 of the Arms Export Control Act (22 U.S.C.

11 2763), not less than $1,800,000,000 for each such fiscal year

12 shall be available only for Israel.

13 (b) TERMS OF ASSISTANCE.—

14 (1) GRANT BASIS.—The assistance provided for

15 Israel for each fiscal year under subsection (a) shall

16 be provided on a grant basis.

17 (2) EXPEDITED DISBURSEMENT.—Such assist18 ance shall be disbursed—

19 (A) with respect to fiscal year 1996, not

20 later than 30 days after the date of the enact21 ment of the Foreign Operations, Export Financ22 ing, and Related Programs Appropriations Act,

23 1996, or by October 31, 1995, whichever is later;

24 and
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1 (B) with respect to fiscal year 1997, not

2 later than 30 days after the date of the enact3 ment of the Foreign Operations, Export Financ4 ing, and Related Programs Appropriations Act,

5 1997, or by October 31, 1996, whichever is later.

6 (3) ADVANCED WEAPONS SYSTEMS.—To the ex7 tent that the Government of Israel requests that funds

8 be used for such purposes, funds described in sub9 section (a) shall, as agreed by the Government of Is10 rael and the Government of the United States, be

11 available for advanced weapons systems, of which not

12 less than $475,000,000 for each fiscal year shall be

13 available only for procurement in Israel of defense ar14 ticles and defense services, including research and de15 velopment.

16 (c) FOREIGN MILITARY SALES.—Section 21(h) of the

17 Arms Export Control Act (22 U.S.C. 2761(h)) is amend18 ed—

19 (1) in paragraph (1)(A), by inserting ‘‘or the

20 Government of Israel’’ after ‘‘North Atlantic Treaty

21 Organization’’; and

22 (2) in paragraph (2), by striking ‘‘or to any

23 member government of that Organization if that Or24 ganization or member government’’ and inserting ‘‘,

25 any member government of that Organization, or the
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1 Government of Israel, if the Organization, member

2 government, or Government of Israel, as the case may

3 be,’’.

4 SEC. 3104. ASSISTANCE FOR EGYPT.

5 (a) MINIMUM ALLOCATION.—Of the amounts made

6 available for fiscal years 1996 and 1997 for assistance

7 under the ‘‘Foreign Military Financing Program’’ account

8 under section 23 of the Arms Export Control Act (22 U.S.C.

9 2763), not less than $1,300,000,000 for each such fiscal year

10 shall be available only for Egypt.

11 (b) TERMS OF ASSISTANCE.—The assistance provided

12 for Egypt for each fiscal year under subsection (a) shall

13 be provided on a grant basis.

14 SEC. 3105. LOANS FOR GREECE AND TURKEY.

15 Of the amounts made available for fiscal year 1996

16 under section 23 of the Arms Export Control Act (22 U.S.C.

17 2763)—

18 (1) not more than $26,620,000 shall be made

19 available for the subsidy cost, as defined in section

20 502(5) of the Federal Credit Reform Act of 1990, of

21 direct loans for Greece; and

22 (2) not more than $37,800,000 shall be made

23 available for such subsidy cost of direct loans for Tur24 key.
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1 SEC. 3106. TERMS OF LOANS.

2 Section 31(c) of the Arms Export Control Act (22

3 U.S.C. 2771(c)) is amended to read as follows:

4 ‘‘(c) Loans available under section 23 shall be provided

5 at rates of interest that are not less than the current average

6 market yield on outstanding marketable obligations of the

7 United States of comparable maturities.’’.

8 SEC. 3107. NONREPAYMENT OF GRANT ASSISTANCE.

9 Section 23 of the Arms Export Control Act (22 U.S.C.

10 2763) is amended by adding at the end the following new

11 subsection:

12 ‘‘(f) Notwithstanding any other provision of this sec13 tion, the President shall not require repayment of any as14 sistance provided on a grant basis under this section to a

15 foreign country or international organization.’’.

16 SEC. 3108. ADDITIONAL REQUIREMENTS.

17 (a) AVAILABILITY OF FUNDS FOR PROCUREMENT OF

18 DEFENSE ARTICLES, SERVICES, AND DESIGN AND CON19 STRUCTION SERVICES NOT SOLD BY UNITED STATES GOV20 ERNMENT.—Section 23 of the Arms Export Control Act (22

21 U.S.C. 2763), as amended by this Act, is further amended

22 by adding at the end the following new subsection:

23 ‘‘(g) Funds made available to carry out this section

24 for a fiscal year may be made available to a foreign country

25 or international organization for the purpose of financing

26 the procurement of defense articles, defense services, and de-
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1 sign and construction services that are not sold by the Unit2 ed States Government under this Act only—

3 ‘‘(1) with respect to a country that is a member

4 country of the North Atlantic Treaty Organization, a

5 major non-NATO ally, or Jordan for which assistance

6 was justified under this section in the annual congres7 sional presentation documents under section 634 of

8 the Foreign Assistance Act of 1961 for that fiscal

9 year; and

10 ‘‘(2) if such country or international organiza11 tion enters into an agreement with the United States

12 Government that specifies the terms and conditions

13 under which such procurements shall be financed with

14 such funds.’’.

15 (b) AUDIT OF CERTAIN PRIVATE FIRMS.—Section 23

16 of such Act (22 U.S.C. 2763), as amended by this Act, is

17 further amended by adding at the end the following new

18 subsection:

19 ‘‘(h) For each fiscal year, the Secretary of Defense, as

20 requested by the Director of the Defense Security Assistance

21 Agency, shall conduct audits on a nonreimbursable basis

22 of private firms that have entered into contracts with for23 eign governments under which defense articles, defense serv24 ices, or design and construction services are to be procured
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1 by such firms for such governments from financing under

2 this section for such fiscal year.’’.

3 (c) PROHIBITION ON USE OF FUNDS FOR THE TRANS4 PORT OF AIRCRAFT TO COMMERCIAL ARMS SALES

5 SHOWS.—Section 23 of such Act (22 U.S.C. 2763), as

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

7 end the following new subsection:

8 ‘‘(i) Funds made available to carry out this section

9 may not be used to facilitate the transport of aircraft to

10 commercial arms sales shows.’’.

11 (d) NOTIFICATION REQUIREMENT WITH RESPECT TO

12 CASH FLOW FINANCING.—Section 23 of such Act (22 U.S.C.

13 2763), as amended by this Act, is further amended by add14 ing at the end the following new subsection:

15 ‘‘(j)(1) For each country and international organiza16 tion that has been approved for cash flow financing under

17 this section, any letter of offer and acceptance or other pur18 chase agreement, or any amendment thereto, for a procure19 ment of defense articles, defense services, or design and con20 struction services in excess of $100,000,000 that is to be fi21 nanced in whole or in part with funds made available

22 under this Act or the Foreign Assistance Act of 1961 shall

23 be submitted to the congressional committees specified in

24 section 634A(a) of the Foreign Assistance Act of 1961 in
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1 accordance with the procedures applicable to

2 reprogramming notifications under that section.

3 ‘‘(2) For purposes of this subsection, the term ‘cash

4 flow financing’ has the meaning given such term in the sec5 ond subsection (d) of section 25.’’.

6 (e) LIMITATIONS ON USE OF FUNDS FOR DIRECT COM7 MERCIAL CONTRACTS.—Section 23 of such Act (22 U.S.C.

8 2763), as amended by this Act, is further amended by add9 ing at the end the following new subsection:

10 ‘‘(k) Of the amounts made available for a fiscal year

11 to carry out this section, not more than $100,000,000 for

12 such fiscal year may be made available for countries other

13 than Israel and Egypt for the purpose of financing the pro14 curement of defense articles, defense services, and design

15 and construction services that are not sold by the United

16 States Government under this Act.’’.

17 (f) USE OF FUNDS FOR DEMINING ACTIVITIES.—Sec18 tion 23 of such Act (22 U.S.C. 2763), as amended by this

19 Act, is further amended by adding at the end the following

20 new subsection:

21 ‘‘(l) Notwithstanding any other provision of law, funds

22 made available to carry out this section may be used for

23 demining activities, and may include activities imple24 mented through nongovernmental and international organi25 zations.’’.
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1 Subchapter B—Other Assistance

2 SEC. 3121. DEFENSE DRAWDOWN SPECIAL AUTHORITIES.

3 (a) UNFORESEEN EMERGENCY DRAWDOWN.—Section

4 506(a)(1) of the Foreign Assistance Act of 1961 (22 U.S.C.

5 2318(a)(1)) is amended by striking ‘‘$75,000,000’’ and in6 serting ‘‘$100,000,000’’.

7 (b) ADDITIONAL DRAWDOWN.—Section 506 of such Act

8 (22 U.S.C. 2318) is amended—

9 (1) in subsection (a)(2)(A), by striking ‘‘defense

10 articles from the stocks’’ and all that follows and in11 serting the following: ‘‘articles and services from the

12 inventory and resources of any agency of the United

13 States Government and military education and train14 ing from the Department of Defense, the President

15 may direct the drawdown of such articles, services,

16 and military education and training—

17 ‘‘(i) for the purposes and under the authori18 ties of—

19 ‘‘(I) chapter 8 of part I (relating to

20 international narcotics control assistance);

21 ‘‘(II) chapter 9 of part I (relating to

22 international disaster assistance); or

23 ‘‘(III) the Migration and Refugee As24 sistance Act of 1962; or
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1 ‘‘(ii) for the purpose of providing such arti2 cles, services, and military education and train3 ing to Vietnam, Cambodia, and Laos as the

4 President determines are necessary—

5 ‘‘(I) to support efforts to locate and re6 patriate members of the United States

7 Armed Forces and civilians employed di8 rectly or indirectly by the United States

9 Government who remain unaccounted for

10 from the Vietnam War; and

11 ‘‘(II) to ensure the safety of United

12 States Government personnel engaged in

13 such cooperative efforts and to support De14 partment of Defense-sponsored humani15 tarian projects associated with such ef16 forts.’’;

17 (2) in subsection (a)(2)(B), by striking

18 ‘‘$75,000,000’’ and all that follows and inserting

19 ‘‘$150,000,000 in any fiscal year of such articles,

20 services, and military education and training may be

21 provided pursuant to subparagraph (A) of this para22 graph—

23 ‘‘(i) not more than $75,000,000 of which

24 may be provided from the drawdown from the
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1 inventory and resources of the Department of

2 Defense;

3 ‘‘(ii) not more than $75,000,000 of which

4 may be provided pursuant to clause (i)(I) of

5 such subparagraph; and

6 ‘‘(iii) not more than $15,000,000 of which

7 may be provided to Vietnam, Cambodia, and

8 Laos pursuant to clause (ii) of such subpara9 graph.’’; and

10 (3) in subsection (b)(1), by adding at the end the

11 following: ‘‘In the case of drawdowns authorized by

12 subclauses (I) and (III) of subsection (a)(2)(A)(i), no13 tifications shall be provided to those committees at

14 least 15 days in advance in accordance with the pro15 cedures applicable to reprogramming notifications

16 under section 634A.’’.

17 (c) NOTICE TO CONGRESS OF EXERCISE OF SPECIAL

18 AUTHORITIES.—Section 652 of such Act (22 U.S.C. 2411)

19 is amended by striking ‘‘prior to the date’’ and inserting

20 ‘‘before’’.

21 SEC. 3122. STOCKPILES OF DEFENSE ARTICLES.

22 (a) LIMITATION ON VALUE OF ADDITIONS.—Section

23 514(b)(1) of the Foreign Assistance Act of 1961 (22 U.S.C.

24 2321h(b)(1)) is amended by inserting ‘‘or in the implemen-
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1 tation of agreements with Israel’’ after ‘‘North Atlantic

2 Treaty Organization’’.

3 (b) ADDITIONS IN FISCAL YEARS 1996 AND 1997.—

4 Section 514(b)(2) of such Act (22 U.S.C. 2321h(b)(2)) is

5 amended to read as follows:

6 ‘‘(2)(A) The value of such additions to stockpiles of de7 fense articles in foreign countries shall not exceed

8 $50,000,000 for each of the fiscal years 1996 and 1997.

9 ‘‘(B) Of the amount specified in subparagraph (A) for

10 each of the fiscal years 1996 and 1997, not more than

11 $40,000,000 may be made available for stockpiles in the Re12 public of Korea and not more than $10,000,000 may be

13 made available for stockpiles in Thailand.’’.

14 (c) LOCATION OF STOCKPILES OF DEFENSE ARTI15 CLES.—Section 514(c) of such Act (22 U.S.C. 2321h(c)) is

16 amended to read as follows:

17 ‘‘(c) LOCATION OF STOCKPILES OF DEFENSE ARTI18 CLES.—

19 ‘‘(1) LIMITATION.—Except as provided in para20 graph (2), no stockpile of defense articles may be lo21 cated outside the boundaries of a United States mili22 tary base or a military base used primarily by the

23 United States.

24 ‘‘(2) EXCEPTIONS.—Paragraph (1) shall not

25 apply with respect to stockpiles of defense articles lo-
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1 cated in the Republic of Korea, Thailand, any coun2 try that is a member of the North Atlantic Treaty Or3 ganization, any country that is a major non-NATO

4 ally, or any other country the President may des5 ignate. At least 15 days before designating a country

6 pursuant to the last clause of the preceding sentence,

7 the President shall notify the congressional commit8 tees specified in section 634A(a) in accordance with

9 the procedures applicable to reprogramming notifica10 tions under that section.’’.

11 SEC. 3123. TRANSFER OF EXCESS DEFENSE ARTICLES.

12 (a) IN GENERAL.—Section 516 of the Foreign Assist13 ance Act of 1961 (22 U.S.C. 2321j) is amended to read as

14 follows:

15 ‘‘SEC. 516. AUTHORITY TO TRANSFER EXCESS DEFENSE AR16 TICLES.

17 ‘‘(a) AUTHORIZATION.—The President is authorized to

18 transfer excess defense articles under this section to coun19 tries for which receipt of such articles was justified pursu20 ant to the annual congressional presentation documents for

21 military assistance programs, or for programs under chap22 ter 8 of part I of this Act, submitted under section 634 of

23 this Act, or for which receipt of such articles was separately

24 justified, for the fiscal year in which the transfer is author25 ized.
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1 ‘‘(b) LIMITATIONS ON TRANSFERS.—The President

2 may transfer excess defense articles under this section only

3 if—

4 ‘‘(1) such articles are drawn from existing stocks

5 of the Department of Defense;

6 ‘‘(2) funds available to the Department of De7 fense for the procurement of defense equipment are not

8 expended in connection with the transfer;

9 ‘‘(3) the transfer of such articles will not have an

10 adverse impact on the military readiness of the Unit11 ed States;

12 ‘‘(4) with respect to a proposed transfer of such

13 articles on a grant basis, such a transfer is preferable

14 to a transfer on a sales basis, after taking into ac15 count the potential proceeds from, and likelihood of,

16 such sales, and the comparative foreign policy benefits

17 that may accrue to the United States as the result of

18 a transfer on either a grant or sales basis;

19 ‘‘(5) the President determines that the transfer of

20 such articles will not have an adverse impact on the

21 national technology and industrial base, and particu22 larly, will not reduce the opportunities of entities in

23 the national technology and industrial base to sell

24 new or used equipment to the countries to which such

25 articles are transferred; and
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1 ‘‘(6) the transfer of such articles is consistent

2 with the policy framework for the Eastern Mediterra3 nean established under section 620C of this Act.

4 ‘‘(c) TERMS OF TRANSFERS.—

5 ‘‘(1) NO COST TO RECIPIENT COUNTRY.—Excess

6 defense articles may be transferred under this section

7 without cost to the recipient country.

8 ‘‘(2) PRIORITY.—Notwithstanding any other pro9 vision of law, the delivery of excess defense articles

10 under this section to member countries of the North

11 Atlantic Treaty Organization (NATO) on the south12 ern and southeastern flank of NATO and to major

13 non-NATO allies on such southern and southeastern

14 flank shall be given priority to the maximum extent

15 feasible over the delivery of such excess defense articles

16 to other countries.

17 ‘‘(d) WAIVER OF REQUIREMENT FOR REIMBURSEMENT

18 OF DEPARTMENT OF DEFENSE EXPENSES.—Section 632(d)

19 shall not apply with respect to transfers of excess defense

20 articles (including transportation and related costs) under

21 this section.

22 ‘‘(e) TRANSPORTATION AND RELATED COSTS.—

23 ‘‘(1) IN GENERAL.—Except as provided in para24 graph (2), funds available to the Department of De25 fense may not be expended for crating, packing, han-
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1 dling, and transportation of excess defense articles

2 transferred under the authority of this section.

3 ‘‘(2) EXCEPTION.—The President may provide

4 for the transportation of excess defense articles with5 out charge to a country for the costs of such transpor6 tation if—

7 ‘‘(A) it is determined that it is in the na8 tional interest of the United States to do so;

9 ‘‘(B) the recipient is a developing country

10 receiving less than $10,000,000 of assistance

11 under chapter 5 of part II of this Act (relating

12 to international military education and train13 ing) or section 23 of the Arms Export Control

14 Act (22 U.S.C. 2763; relating to the Foreign

15 Military Financing program) in the fiscal year

16 in which the transportation is provided;

17 ‘‘(C) the total weight of the transfer does not

18 exceed 25,000 pounds; and

19 ‘‘(D) such transportation is accomplished

20 on a space available basis.

21 ‘‘(f) ADVANCE NOTIFICATION TO CONGRESS FOR

22 TRANSFER OF CERTAIN EXCESS DEFENSE ARTICLES.—

23 ‘‘(1) IN GENERAL.—The President may not

24 transfer excess defense articles that are significant

25 military equipment (as defined in section 47(9) of the
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1 Arms Export Control Act) or excess defense articles

2 valued (in terms of original acquisition cost) at

3 $7,000,000 or more, under this section or under the

4 Arms Export Control Act (22 U.S.C. 2751 et seq.)

5 until 15 days after the date on which the President

6 has provided notice of the proposed transfer to the

7 congressional committees specified in section 634A(a)

8 in accordance with procedures applicable to

9 reprogramming notifications under that section.

10 ‘‘(2) CONTENTS.—Such notification shall in11 clude—

12 ‘‘(A) a statement outlining the purposes for

13 which the article is being provided to the coun14 try, including whether such article has been pre15 viously provided to such country;

16 ‘‘(B) an assessment of the impact of the

17 transfer on the military readiness of the United

18 States;

19 ‘‘(C) an assessment of the impact of the

20 transfer on the national technology and indus21 trial base, and particularly, the impact on op22 portunities of entities in the national technology

23 and industrial base to sell new or used equip24 ment to the countries to which such articles are

25 to be transferred; and
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1 ‘‘(D) a statement describing the current

2 value of such article and the value of such article

3 at acquisition.

4 ‘‘(g) AGGREGATE ANNUAL LIMITATION.—The aggre5 gate value of excess defense articles transferred to countries

6 under this section in any fiscal year may not exceed

7 $350,000,000.

8 ‘‘(h) CONGRESSIONAL PRESENTATION DOCUMENTS.—

9 Documents described in subsection (a) justifying the trans10 fer of excess defense articles shall include an explanation

11 of the general purposes of providing excess defense articles

12 as well as a table which provides an aggregate annual total

13 of transfers of excess defense articles in the preceding year

14 by country in terms of offers and actual deliveries and in

15 terms of acquisition cost and current value. Such table shall

16 indicate whether such excess defense articles were provided

17 on a grant or sale basis.

18 ‘‘(i) EXCESS COAST GUARD PROPERTY.—For purposes

19 of this section, the term ‘excess defense articles’ shall be

20 deemed to include excess property of the Coast Guard, and

21 the term ‘Department of Defense’ shall be deemed, with re22 spect to such excess property, to include the Coast Guard.’’.

23 (b) CONFORMING AMENDMENTS.—

24 (1) ARMS EXPORT CONTROL ACT.—Section 21(k)

25 of the Arms Export Control Act (22 U.S.C. 2761(k))
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1 is amended by striking ‘‘the President shall’’ and all

2 that follows and inserting the following: ‘‘the Presi3 dent shall determine that the sale of such articles will

4 not have an adverse impact on the national tech5 nology and industrial base, and particularly, will not

6 reduce the opportunities of entities in the national

7 technology and industrial base to sell new or used

8 equipment to the countries to which such articles are

9 transferred.’’.

10 (2) REPEALS.—The following provisions of law

11 are hereby repealed:

12 (A) Section 502A of the Foreign Assistance

13 Act of 1961 (22 U.S.C. 2303).

14 (B) Sections 517 through 520 of the Foreign

15 Assistance Act of 1961 (22 U.S.C. 2321k through

16 2321n).

17 (C) Section 31(d) of the Arms Export Con18 trol Act (22 U.S.C. 2771(d)).

19 SEC. 3124. NONLETHAL EXCESS DEFENSE ARTICLES FOR

20 ALBANIA.

21 Notwithstanding section 516(e) of the Foreign Assist22 ance Act of 1961, during each of the fiscal years 1996 and

23 1997, funds available to the Department of Defense may

24 be expended for crating, packing, handling, and transpor-
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1 tation of nonlethal excess defense articles transferred under

2 the authority of section 516 of such Act to Albania.

3 CHAPTER 2—INTERNATIONAL MILITARY

4 EDUCATION AND TRAINING

5 SEC. 3141. AUTHORIZATION OF APPROPRIATIONS.

6 There are authorized to be appropriated $39,781,000

7 for each of the fiscal years 1996 and 1997 to carry out chap8 ter 5 of part II of the Foreign Assistance Act of 1961 (22

9 U.S.C. 2347 et seq.).

10 SEC. 3142. ASSISTANCE FOR INDONESIA.

11 Funds made available for fiscal years 1996 and 1997

12 to carry out chapter 5 of part II of the Foreign Assistance

13 Act of 1961 (22 U.S.C. 2347 et seq.) may be obligated for

14 Indonesia only for expanded military and education train15 ing that meets the requirements of clauses (i) through (iv)

16 of the second sentence of section 541 of such Act (22 U.S.C.

17 2347).

18 SEC. 3143. ADDITIONAL REQUIREMENTS.

19 (a) GENERAL AUTHORITY.—Section 541 of the Foreign

20 Assistance Act of 1961 (22 U.S.C. 2347) is amended in the

21 second sentence in the matter preceding clause (i) by insert22 ing ‘‘and individuals who are not members of the govern23 ment’’ after ‘‘legislators’’.

24 (b) TEST PILOT EXCHANGE TRAINING.—Section 544

25 of such Act (22 U.S.C. 2347c) is amended—
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1 (1) by striking ‘‘In carrying out this chapter’’

2 and inserting ‘‘(a) In carrying out this chapter’’; and

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

5 ‘‘(b) The President may provide for the attendance of

6 foreign military and civilian defense personnel at test pilot

7 flight schools in the United States without charge, and with8 out charge to funds available to carry out this chapter (not9 withstanding section 632(d) of this Act), if such attendance

10 is pursuant to an agreement providing for the exchange of

11 students on a one-for-one basis each fiscal year between

12 those United States test pilot flight schools and comparable

13 flight test pilot schools of foreign countries.’’.

14 (c) ASSISTANCE FOR CERTAIN FOREIGN COUNTRIES.—

15 Chapter 5 of part II of such Act (22 U.S.C. 2347 et seq.)

16 is amended by adding at the end the following new section:

17 ‘‘SEC. 546. ASSISTANCE FOR CERTAIN FOREIGN COUNTRIES.

18 ‘‘Of the amounts made available for a fiscal year for

19 assistance under this chapter, not more than $300,000 for

20 such fiscal year may be made available for assistance on

21 a grant basis for any high-income foreign country for mili22 tary education and training of military and related civil23 ian personnel of such country if such country agrees to pro24 vide for the transportation and living allowances of such

25 military and related civilian personnel.’’.
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1 CHAPTER 3—ANTITERRORISM

2 ASSISTANCE

3 SEC. 3151. AUTHORIZATION OF APPROPRIATIONS.

4 (a) IN GENERAL.—There are authorized to be appro5 priated $20,000,000 for fiscal year 1996 and $25,000,000

6 for fiscal year 1997 to carry out chapter 8 of part II of

7 the Foreign Assistance Act of 1961 (22 U.S.C. 2349aa et

8 seq.).

9 (b) AVAILABILITY OF AMOUNTS.—Amounts authorized

10 to be appropriated under subsection (a) are authorized to

11 remain available until expended.

12 SEC. 3152. ANTITERRORISM TRAINING ASSISTANCE.

13 (a) IN GENERAL.—Section 571 of the Foreign Assist14 ance Act of 1961 (22 U.S.C. 2349aa) is amended by striking

15 ‘‘Subject to the provisions of this chapter’’ and inserting

16 ‘‘Notwithstanding any other provision of law that restricts

17 assistance to foreign countries (other than sections 502B

18 and 620A of this Act)’’.

19 (b) LIMITATIONS.—Section 573 of such Act (22 U.S.C.

20 2349aa–2) is amended—

21 (1) in the heading, by striking ‘‘SPECIFIC AU22 THORITIES AND’’;

23 (2) by striking subsection (a);

24 (3) by redesignating subsections (b) through (f)

25 as subsections (a) through (e), respectively; and
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1 (4) in subsection (c) (as redesignated)—

2 (A) by striking paragraphs (1) and (2);

3 (B) by redesignating paragraphs (3)

4 through (5) as paragraphs (1) through (3), re5 spectively; and

6 (C) by amending paragraph (2) (as redesig7 nated) to read as follows:

8 ‘‘(2)(A) Except as provided in subparagraph (B),

9 funds made available to carry out this chapter shall not

10 be made available for the procurement of weapons and am11 munition.

12 ‘‘(B) Subparagraph (A) shall not apply to small arms

13 and ammunition in categories I and III of the United

14 States Munitions List that are integrally and directly relat15 ed to antiterrorism training provided under this chapter

16 if, at least 15 days before obligating those funds, the Presi17 dent notifies the appropriate congressional committees spec18 ified in section 634A of this Act in accordance with the

19 procedures applicable to reprogramming notifications

20 under such section.

21 ‘‘(C) The value (in terms of original acquisition cost)

22 of all equipment and commodities provided under this

23 chapter in any fiscal year may not exceed 25 percent of

24 the funds made available to carry out this chapter for that

25 fiscal year.’’.
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1 (c) ANNUAL REPORT.—Section 574 of such Act (22

2 U.S.C. 2349aa–3) is hereby repealed.

3 (d) TECHNICAL CORRECTIONS.—Section 575 (22

4 U.S.C. 2349aa–4) and section 576 (22 U.S.C. 2349aa–5)

5 of such Act are redesignated as sections 574 and 575, respec6 tively.

7 SEC. 3153. RESEARCH AND DEVELOPMENT EXPENSES.

8 Funds made available for fiscal years 1996 and 1997

9 to carry out chapter 8 of part II of the Foreign Assistance

10 Act of 1961 (22 U.S.C. 2349aa et seq.; relating to

11 antiterrorism assistance) may be made available to the

12 Technical Support Working Group of the Department of

13 State for research and development expenses related to con14 traband detection technologies or for field demonstrations

15 of such technologies (whether such field demonstrations take

16 place in the United States or outside the United States).

17 CHAPTER 4—NARCOTICS CONTROL

18 ASSISTANCE

19 SEC. 3161. AUTHORIZATION OF APPROPRIATIONS.

20 (a) IN GENERAL.—There are authorized to be appro21 priated $213,000,000 for each of the fiscal years 1996 and

22 1997 to carry out chapter 8 of part I of the Foreign Assist23 ance Act of 1961 (22 U.S.C. 2291 et seq.).
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1 (b) AVAILABILITY OF AMOUNTS.—Amounts authorized

2 to be appropriated under subsection (a) are authorized to

3 remain available until expended.

4 SEC. 3162. ADDITIONAL REQUIREMENTS.

5 (a) POLICY AND GENERAL AUTHORITIES.—Section

6 481(a) of the Foreign Assistance Act (22 U.S.C. 2291(a))

7 is amended—

8 (1) in paragraph (1)—

9 (A) by redesignating subparagraphs (D)

10 through (F) as subparagraphs (E) through (G),

11 respectively; and

12 (B) by inserting after subparagraph (C) the

13 following new subparagraph:

14 ‘‘(D) International criminal activities, particu15 larly international narcotics trafficking, money laun16 dering, and corruption, endanger political and eco17 nomic stability and democratic development, and as18 sistance for the prevention and suppression of inter19 national criminal activities should be a priority for

20 the United States.’’; and

21 (2) in paragraph (4), by adding before the pe22 riod at the end the following: ‘‘, or for other related

23 anticrime purposes’’.

24 (b) CONTRIBUTIONS AND REIMBURSEMENT.—Section

25 482(c) of that Act (22 U.S.C. 2291a(c)) is amended—
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1 (1) by striking ‘‘CONTRIBUTION BY RECIPIENT

2 COUNTRY.—To’’ and inserting ‘‘CONTRIBUTIONS AND

3 REIMBURSEMENT.—(1) To’’; and

4 (2) by adding at the end the following new para5 graphs:

6 ‘‘(2)(A) The President is authorized to accept contribu7 tions from other foreign governments to carry out the pur8 poses of this chapter. Such contributions shall be deposited

9 as an offsetting collection to the applicable appropriation

10 account and may be used under the same terms and condi11 tions as funds appropriated pursuant to this chapter.

12 ‘‘(B) At the time of submission of the annual congres13 sional presentation documents required by section 634(a),

14 the President shall provide a detailed report on any con15 tributions received in the preceding fiscal year, the amount

16 of such contributions, and the purposes for which such con17 tributions were used.

18 ‘‘(3) The President is authorized to provide assistance

19 under this chapter on a reimbursable basis. Such reimburse20 ments shall be deposited as an offsetting collection to the

21 applicable appropriation and may be used under the same

22 terms and conditions as funds appropriated pursuant to

23 this chapter.’’.

24 (c) IMPLEMENTATION OF LAW ENFORCEMENT ASSIST25 ANCE.—Section 482 of such Act (22 U.S.C. 2291a) is
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1 amended by adding at the end the following new sub2 sections:

3 ‘‘(f) TREATMENT OF FUNDS.—Funds transferred to

4 and consolidated with funds appropriated pursuant to this

5 chapter may be made available on such terms and condi6 tions as are applicable to funds appropriated pursuant to

7 this chapter. Funds so transferred or consolidated shall be

8 apportioned directly to the bureau within the Department

9 of State responsible for administering this chapter.

10 ‘‘(g) EXCESS PROPERTY.—For purposes of this chap11 ter, the Secretary of State may use the authority of section

12 608, without regard to the restrictions of such section, to

13 receive nonlethal excess property from any agency of the

14 United States Government for the purpose of providing such

15 property to a foreign government under the same terms and

16 conditions as funds authorized to be appropriated for the

17 purposes of this chapter.’’.

18 (d) REPORTING REQUIREMENTS.—(1) Section 489 of

19 such Act (22 U.S.C. 2291h) is amended—

20 (A) in the section heading, by striking ‘‘FOR

21 FISCAL YEAR 1995’’;

22 (B) by striking ‘‘(a) INTERNATIONAL NARCOTICS

23 CONTROL STRATEGY REPORT.—’’; and

24 (C) by striking subsections (b) and (c).
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1 (2) Section 489A of such Act (22 U.S.C. 2291i) is here2 by repealed.

3 (e) CERTIFICATION REQUIREMENTS.—(1) Section 490

4 of such Act (22 U.S.C. 2291j) is amended—

5 (A) in the section heading by striking ‘‘FOR

6 FISCAL YEAR 1995’’; and

7 (B) by striking subsection (i).

8 (2) Section 490A of such Act (22 U.S.C. 2291k) is here9 by repealed.

10 SEC. 3163. NOTIFICATION REQUIREMENT.

11 (a) IN GENERAL.—The authority of section 1003(d) of

12 the National Narcotics Control Leadership Act of 1988 (21

13 U.S.C. 1502(d)) may be exercised with respect to funds au14 thorized to be appropriated pursuant to the Foreign Assist15 ance Act of 1961 (22 U.S.C. 2151 et seq.) and with respect

16 to the personnel of the Department of State only to the ex17 tent that the appropriate congressional committees have

18 been notified 15 days in advance in accordance with the

19 reprogramming procedures applicable under section 634A

20 of that Act (22 U.S.C. 2394).

21 (b) DEFINITION.—For purposes of this section, the

22 term ‘‘appropriate congressional committees’’ means the

23 Committee on International Relations and the Committee

24 on Appropriations of the House of Representatives and the
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1 Committee on Foreign Relations and the Committee on Ap2 propriations of the Senate.

3 SEC. 3164. WAIVER OF RESTRICTIONS FOR NARCOTICS-RE4 LATED ECONOMIC ASSISTANCE.

5 For each of the fiscal years 1996 and 1997, narcotics6 related assistance under part I of the Foreign Assistance

7 Act of 1961 (22 U.S.C. 2151 et seq.) may be provided not8 withstanding any other provision of law that restricts as9 sistance to foreign countries (other than section 490(e) or

10 section 502B of that Act (22 U.S.C. 2291j(e) and 2304))

11 if, at least 15 days before obligating funds for such assist12 ance, the President notifies the appropriate congressional

13 committees (as defined in section 481(e) of that Act (22

14 U.S.C. 2291(e))) in accordance with the procedures applica15 ble to reprogramming notifications under section 634A of

16 that Act (22 U.S.C. 2394).

17 CHAPTER 5—NONPROLIFERATION AND

18 DISARMAMENT FUND

19 SEC. 3171. NONPROLIFERATION AND DISARMAMENT FUND.

20 (a) IN GENERAL.—There are authorized to be appro21 priated $25,000,000 for each of the fiscal years 1996 and

22 1997 to carry out bilateral and multilateral nonprolifera23 tion and disarmament activities for the independent states

24 of the former Soviet Union, countries other than the inde25 pendent states of the former Soviet Union, and inter-
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1 national organizations under section 504 of the Freedom

2 for Russia and Emerging Eurasian Democracies and Open

3 Markets Support Act of 1992 (22 U.S.C. 5854).

4 (b) SUPERSEDES OTHER LAWS.—Funds made avail5 able for fiscal years 1996 and 1997 under the authority of

6 section 504 of the Freedom for Russia and Emerging Eur7 asian Democracies and Open Markets Support Act of 1992

8 (22 U.S.C. 5854) may be used notwithstanding any other

9 provision of law.

10 (c) AVAILABILITY OF AMOUNTS.—Amounts authorized

11 to be appropriated under subsection (a) are authorized to

12 remain available until expended.

13 CHAPTER 6—OTHER PROVISIONS

14 SEC. 3181. STANDARDIZATION OF CONGRESSIONAL REVIEW

15 PROCEDURES FOR ARMS TRANSFERS.

16 (a) THIRD COUNTRY TRANSFERS UNDER FMS

17 SALES.—Section 3(d)(2) of the Arms Export Control Act

18 (22 U.S.C. 2753(d)(2)) is amended—

19 (1) in subparagraph (A), by striking ‘‘, as pro20 vided for in sections 36(b)(2) and 36(b)(3) of this

21 Act’’;

22 (2) in subparagraph (B), by striking ‘‘law’’ and

23 inserting ‘‘joint resolution’’; and

24 (3) by adding at the end the following:
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1 ‘‘(C) If the President states in his certification under

2 subparagraph (A) or (B) that an emergency exists which

3 requires that consent to the proposed transfer become effec4 tive immediately in the national security interests of the

5 United States, thus waiving the requirements of that sub6 paragraph, the President shall set forth in the certification

7 a detailed justification for his determination, including a

8 description of the emergency circumstances which neces9 sitate immediate consent to the transfer and a discussion

10 of the national security interests involved.

11 ‘‘(D)(i) Any joint resolution under this paragraph

12 shall be considered in the Senate in accordance with the

13 provisions of section 601(b) of the International Security

14 Assistance and Arms Export Control Act of 1976.

15 ‘‘(ii) For the purpose of expediting the consideration

16 and enactment of joint resolutions under this paragraph,

17 a motion to proceed to the consideration of any such joint

18 resolution after it has been reported by the appropriate

19 committee shall be treated as highly privileged in the House

20 of Representatives.’’.

21 (b) THIRD COUNTRY TRANSFERS UNDER COMMERCIAL

22 SALES.—Section 3(d)(3) of such Act (22 U.S.C. 2753(d)(3))

23 is amended—

24 (1) by inserting ‘‘(A)’’ after ‘‘(3)’’;

25 (2) in the first sentence—
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1 (A) by striking ‘‘at least 30 calendar days’’;

2 and

3 (B) by striking ‘‘report’’ and inserting ‘‘cer4 tification’’; and

5 (3) by striking the last sentence and inserting

6 the following: ‘‘Such certification shall be submitted—

7 ‘‘(i) at least 15 calendar days before such consent

8 is given in the case of a transfer to a country which

9 is a member of the North Atlantic Treaty Organiza10 tion or Australia, Japan, or New Zealand; and

11 ‘‘(ii) at least 30 calendar days before such con12 sent is given in the case of a transfer to any other

13 country,

14 unless the President states in his certification that an emer15 gency exists which requires that consent to the proposed

16 transfer become effective immediately in the national secu17 rity interests of the United States. If the President states

18 in his certification that such an emergency exists (thus

19 waiving the requirements of clause (i) or (ii), as the case

20 may be, and of subparagraph (B)) the President shall set

21 forth in the certification a detailed justification for his de22 termination, including a description of the emergency cir23 cumstances which necessitate that consent to the proposed

24 transfer become effective immediately and a discussion of

25 the national security interests involved.
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1 ‘‘(B) Consent to a transfer subject to subparagraph (A)

2 shall become effective after the end of the 15-day or 30-day

3 period specified in subparagraph (A)(i) or (ii), as the case

4 may be, only if the Congress does not enact, within that

5 period, a joint resolution prohibiting the proposed transfer.

6 ‘‘(C)(i) Any joint resolution under this paragraph

7 shall be considered in the Senate in accordance with the

8 provisions of section 601(b) of the International Security

9 Assistance and Arms Export Control Act of 1976.

10 ‘‘(ii) For the purpose of expediting the consideration

11 and enactment of joint resolutions under this paragraph,

12 a motion to proceed to the consideration of any such joint

13 resolution after it has been reported by the appropriate

14 committee shall be treated as highly privileged in the House

15 of Representatives.’’.

16 (c) COMMERCIAL SALES.—Section 36(c)(2) of such Act

17 (22 U.S.C. 2753(c)(2)) is amended by amending subpara18 graphs (A) and (B) to read as follows:

19 ‘‘(A) in the case of a license for an export to the

20 North Atlantic Treaty Organization, any member

21 country of that Organization or Australia, Japan, or

22 New Zealand, shall not be issued until at least 15 cal23 endar days after the Congress receives such certifi24 cation, and shall not be issued then if the Congress,
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1 within that 15-day period, enacts a joint resolution

2 prohibiting the proposed export; and

3 ‘‘(B) in the case of any other license, shall not

4 be issued until at least 30 calendar days after the

5 Congress receives such certification, and shall not be

6 issued then if the Congress, within that 30-day pe7 riod, enacts a joint resolution prohibiting the pro8 posed export.’’.

9 (d) COMMERCIAL MANUFACTURING AGREEMENTS.—

10 Section 36(d) of such Act (22 U.S.C. 2753(d)) is amended—

11 (1) by inserting ‘‘(1)’’ after ‘‘(d)’’;

12 (2) by striking ‘‘for or in a country not a mem13 ber of the North Atlantic Treaty Organization’’; and

14 (3) by adding at the end the following:

15 ‘‘(2) A certification under this subsection shall be sub16 mitted—

17 ‘‘(A) at least 15 days before approval is given in

18 the case of an agreement for or in a country which

19 is a member of the North Atlantic Treaty Organiza20 tion or Australia, Japan, or New Zealand; and

21 ‘‘(B) at least 30 days before approval is given in

22 the case of an agreement for or in any other country;

23 unless the President states in his certification that an emer24 gency exists which requires the immediate approval of the
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1 agreement in the national security interests of the United

2 States.

3 ‘‘(3) If the President states in his certification that an

4 emergency exists which requires the immediate approval of

5 the agreement in the national security interests of the Unit6 ed States, thus waiving the requirements of paragraph (4),

7 he shall set forth in the certification a detailed justification

8 for his determination, including a description of the emer9 gency circumstances which necessitate the immediate ap10 proval of the agreement and a discussion of the national

11 security interests involved.

12 ‘‘(4) Approval for an agreement subject to paragraph

13 (1) may not be given under section 38 if the Congress, with14 in the 15-day or 30-day period specified in paragraph

15 (2)(A) or (B), as the case may be, enacts a joint resolution

16 prohibiting such approval.

17 ‘‘(5)(A) Any joint resolution under paragraph (4) shall

18 be considered in the Senate in accordance with the provi19 sions of section 601(b) of the International Security Assist20 ance and Arms Export Control Act of 1976.

21 ‘‘(B) For the purpose of expediting the consideration

22 and enactment of joint resolutions under paragraph (4), a

23 motion to proceed to the consideration of any such joint

24 resolution after it has been reported by the appropriate
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1 committee shall be treated as highly privileged in the House

2 of Representatives.’’.

3 (e) GOVERNMENT-TO-GOVERNMENT LEASES.—

4 (1) CONGRESSIONAL REVIEW PERIOD.—Section

5 62 of such Act (22 U.S.C. 2796a) is amended—

6 (A) in subsection (a), by striking ‘‘Not less

7 than 30 days before’’ and inserting ‘‘Before’’;

8 (B) in subsection (b)—

9 (i) by striking ‘‘determines, and imme10 diately reports to the Congress’’ and insert11 ing ‘‘states in his certification’’; and

12 (ii) by adding at the end of the sub13 section the following: ‘‘If the President

14 states in his certification that such an emer15 gency exists, he shall set forth in the certifi16 cation a detailed justification for his deter17 mination, including a description of the

18 emergency circumstances which necessitate

19 that the lease be entered into immediately

20 and a discussion of the national security in21 terests involved.’’; and

22 (C) by adding at the end of the section the

23 following:

24 ‘‘(c) The certification required by subsection (a) shall

25 be transmitted—
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1 ‘‘(1) not less than 15 calendar days before the

2 agreement is entered into or renewed in the case of an

3 agreement with the North Atlantic Treaty Organiza4 tion, any member country of that Organization or

5 Australia, Japan, or New Zealand; and

6 ‘‘(2) not less than 30 calendar days before the

7 agreement is entered into or renewed in the case of an

8 agreement with any other organization or country.’’.

9 (2) CONGRESSIONAL DISAPPROVAL.—Section

10 63(a) of such Act (22 U.S.C. 2796b(a)) is amended—

11 (A) by striking ‘‘(a)(1)’’ and inserting

12 ‘‘(a)’’;

13 (B) by striking out the ‘‘30 calendar days

14 after receiving the certification with respect to

15 that proposed agreement pursuant to section

16 62(a),’’ and inserting in lieu thereof ‘‘the 15-day

17 or 30-day period specified in section 62(c) (1) or

18 (2), as the case may be,’’; and

19 (C) by striking paragraph (2).

20 (f) EFFECTIVE DATE.—The amendments made by this

21 section apply with respect to certifications required to be

22 submitted on or after the date of the enactment of this Act.
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1 SEC. 3182. STANDARDIZATION OF THIRD COUNTRY TRANS2 FERS OF DEFENSE ARTICLES.

3 Section 3 of the Arms Export Control Act (22 U.S.C.

4 2753) is amended by inserting after subsection (a) the fol5 lowing new subsection:

6 ‘‘(b) The consent of the President under paragraph (2)

7 of subsection (a) or under paragraph (1) of section 505(a)

8 of the Foreign Assistance Act of 1961 (as it relates to sub9 paragraph (B) of such paragraph) shall not be required for

10 the transfer by a foreign country or international organiza11 tion of defense articles sold by the United States under this

12 Act if—

13 ‘‘(1) such articles constitute components incor14 porated into foreign defense articles;

15 ‘‘(2) the recipient is the government of a member

16 country of the North Atlantic Treaty Organization,

17 the Government of Australia, the Government of

18 Japan, or the Government of New Zealand;

19 ‘‘(3) the United States-origin components are

20 not—

21 ‘‘(A) significant military equipment (as de22 fined in section 47(9));

23 ‘‘(B) defense articles for which notification

24 to Congress is required under section 36(b); and

25 ‘‘(C) identified by regulation as Missile

26 Technology Control Regime items; and
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1 ‘‘(4) the foreign country or international organi2 zation provides notification of the transfer of the de3 fense articles to the United States Government not

4 later than 30 days after the date of such transfer.’’.

5 SEC. 3183. INCREASED STANDARDIZATION, RATIONALIZA6 TION, AND INTEROPERABILITY OF ASSIST7 ANCE AND SALES PROGRAMS.

8 Paragraph (6) of section 515(a) of the Foreign Assist9 ance Act of 1961 (22 U.S.C. 2321i(a)(6)) is amended by

10 striking ‘‘among members of the North Atlantic Treaty Or11 ganization and with the Armed Forces of Japan, Australia,

12 and New Zealand’’.

13 SEC. 3184. REPEAL OF PRICE AND AVAILABILITY REPORT14 ING REQUIREMENT RELATING TO PROPOSED

15 SALE OF DEFENSE ARTICLES AND SERVICES.

16 (a) IN GENERAL.—Section 28 of the Arms Export Con17 trol Act (22 U.S.C. 2768) is hereby repealed.

18 (b) CONFORMING AMENDMENT.—Section 36(b) of such

19 Act (22 U.S.C. 2776(b)) is amended by striking paragraph

20 (4) of such section.

21 SEC. 3185. DEFINITION OF SIGNIFICANT MILITARY EQUIP22 MENT.

23 Section 47 of the Arms Export Control Act (22 U.S.C.

24 2794) is amended—
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1 (1) in paragraph (7), by striking ‘‘and’’ at the

2 end;

3 (2) in paragraph (8), by striking the period at

4 the end and inserting ‘‘; and’’; and

5 (3) by adding at the end the following new para6 graph:

7 ‘‘(9) ‘significant military equipment’ means articles—

8 ‘‘(A) for which special export controls are war9 ranted because of the capacity of such articles for sub10 stantial military utility or capability; and

11 ‘‘(B) identified on the United States Munitions

12 List.’’.

13 SEC. 3186. REQUIREMENTS RELATING TO THE SPECIAL DE14 FENSE ACQUISITION FUND.

15 (a) ELIMINATION OF ANNUAL REPORT.—

16 (1) IN GENERAL.—Section 53 of the Arms Ex17 port Control Act (22 U.S.C. 2795b) is hereby re18 pealed.

19 (2) CONFORMING AMENDMENT.—Section 51(a)(4)

20 of such Act (22 U.S.C. 2795(a)(4)) is amended—

21 (A) by striking ‘‘(a)’’; and

22 (B) by striking subparagraph (B).

23 (b) RETURN OF CERTAIN AMOUNTS IN FUND TO THE

24 TREASURY.—During fiscal year 1996 the President shall

25 return $6,281,000 to the miscellaneous receipts account of
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1 the Treasury from collections into the Special Defense Ac2 quisition Fund pursuant to section 51(b) of the Arms Ex3 port Control Act in addition to the amount of such collec4 tions to be returned for such fiscal year as indicated in the

5 President’s budget of the United States Government for fis6 cal year 1996.

7 SEC. 3187. COST OF LEASED DEFENSE ARTICLES THAT

8 HAVE BEEN LOST OR DESTROYED.

9 Section 61(a)(4) of the Arms Export Control Act (22

10 U.S.C. 2796(a)(4)) is amended by striking ‘‘and the re11 placement cost’’ and all that follows and inserting the fol12 lowing: ‘‘and, if the articles are lost or destroyed while

13 leased—

14 ‘‘(A) in the event the United States intends

15 to replace the articles lost or destroyed, the re16 placement cost (less any depreciation in the

17 value) of the articles; or

18 ‘‘(B) in the event the United States does not

19 intend to replace the articles lost or destroyed,

20 an amount not less than the actual value (less

21 any depreciation in the value) specified in the

22 lease agreement.’’.

23 SEC. 3188. DESIGNATION OF MAJOR NON-NATO ALLIES.

24 (a) DESIGNATION.—
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1 (1) NOTICE TO CONGRESS.—Chapter 2 of part II

2 of the Foreign Assistance Act of 1961 (22 U.S.C. 2311

3 et seq.), as amended by this Act, is further amended

4 by adding at the end the following new section:

5 ‘‘SEC. 517. DESIGNATION OF MAJOR NON-NATO ALLIES.

6 ‘‘(a) NOTICE TO CONGRESS.—The President shall no7 tify the Congress in writing at least 30 days before—

8 ‘‘(1) designating a country as a major non9 NATO ally for purposes of this Act and the Arms Ex10 port Control Act (22 U.S.C. 2751 et seq.); or

11 ‘‘(2) terminating such a designation.

12 ‘‘(b) INITIAL DESIGNATIONS.—Australia, Egypt, Is13 rael, Japan, the Republic of Korea, and New Zealand shall

14 be deemed to have been so designated by the President as

15 of the effective date of this section, and the President is not

16 required to notify the Congress of such designation of those

17 countries.’’.

18 (2) DEFINITION.—Section 644 of such Act (22

19 U.S.C. 2403) is amended by adding at the end the fol20 lowing:

21 ‘‘(q) ‘Major non-NATO ally’ means a country which

22 is designated in accordance with section 517 as a major

23 non-NATO ally for purposes of this Act and the Arms Ex24 port Control Act (22 U.S.C. 2751 et seq.).’’.
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1 (3) EXISTING DEFINITIONS.—(A) The last sen2 tence of section 21(g) of the Arms Export Control Act

3 (22 U.S.C. 2761(g)) is repealed.

4 (B) Section 65(d) of such Act is amended—

5 (i) by striking ‘‘or major non-NATO’’; and

6 (ii) by striking out ‘‘or a’’ and all that fol7 lows through ‘‘Code’’.

8 (b) COOPERATIVE TRAINING AGREEMENTS.—Section

9 21(g) of the Arms Export Control Act (22 U.S.C. 2761(g))

10 is amended in the first sentence by striking ‘‘similar agree11 ments’’ and all that follows through ‘‘other countries’’ and

12 inserting ‘‘similar agreements with countries’’.

13 SEC. 3189. CERTIFICATION THRESHOLDS.

14 (a) INCREASE IN DOLLAR THRESHOLDS.—The Arms

15 Export Control Act (22 U.S.C. 2751 et seq.) is amended—

16 (1) in section 3(d) (22 U.S.C. 2753(d))—

17 (A) in paragraphs (1) and (3), by striking

18 ‘‘$14,000,000’’ each place it appears and insert19 ing ‘‘$25,000,000’’; and

20 (B) in paragraphs (1) and (3), by striking

21 ‘‘$50,000,000’’ each place it appears and insert22 ing ‘‘$75,000,000’’;

23 (2) in section 36 (22 U.S.C. 2776)—
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1 (A) in subsections (b)(1), (b)(5)(C), and

2 (c)(1), by striking ‘‘$14,000,000’’ each place it

3 appears and inserting ‘‘$25,000,000’’;

4 (B) in subsections (b)(1), (b)(5)(C), and

5 (c)(1), by striking ‘‘$50,000,000’’ each place it

6 appears and inserting ‘‘$75,000,000’’; and

7 (C) in subsections (b)(1) and (b)(5)(C), by

8 striking ‘‘$200,000,000’’ each place it appears

9 and inserting ‘‘$300,000,000’’; and

10 (3) in section 63(a) (22 U.S.C. 2796b(a))—

11 (A) by striking ‘‘$14,000,000’’ and inserting

12 ‘‘$25,000,000’’; and

13 (B) by striking ‘‘$50,000,000’’ and inserting

14 ‘‘$75,000,000’’.

15 (b) EFFECTIVE DATE.—The amendments made by sub16 section (a) apply with respect to certifications submitted

17 on or after the date of the enactment of this Act.

18 SEC. 3190. COMPETITIVE PRICING FOR SALES OF DEFENSE

19 ARTICLES AND SERVICES.

20 (a) COSTING BASIS.—Section 22 of the Arms Export

21 Control Act (22 U.S.C. 2762) is amended by adding at the

22 end the following:

23 ‘‘(d) COMPETITIVE PRICING.—Procurement contracts

24 made in implementation of sales under this section for de25 fense articles and defense services wholly paid from funds
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1 made available on a nonrepayable basis shall be priced on

2 the same costing basis with regard to profit, overhead, inde3 pendent research and development, bid and proposal, and

4 other costing elements, as is applicable to procurements of

5 like items purchased by the Department of Defense for its

6 own use.’’.

7 (b) EFFECTIVE DATE AND IMPLEMENTING REGULA8 TIONS.—Section 22(d) of the Arms Export Control Act, as

9 added by subsection (a)—

10 (1) shall take effect on the 60th day following the

11 date of the enactment of this Act;

12 (2) shall be applicable only to contracts made in

13 implementation of sales made after such effective date;

14 and

15 (3) shall be implemented by revised procurement

16 regulations, which shall be issued prior to such effec17 tive date.

18 SEC. 3191. DEPLETED URANIUM AMMUNITION.

19 Chapter 1 of part III of the Foreign Assistance Act

20 of 1961 (22 U.S.C. 2370 et seq.), as amended by this Act,

21 is further amended by adding at the end the following new

22 section:

23 ‘‘SEC. 620H. DEPLETED URANIUM AMMUNITION.

24 ‘‘(a) PROHIBITION.—Except as provided in subsection

25 (b), none of the funds made available to carry out this Act
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1 or any other Act may be made available to facilitate in

2 any way the sale of M–833 antitank shells or any com3 parable antitank shells containing a depleted uranium pen4 etrating component to any country other than—

5 ‘‘(1) a country that is a member of the North At6 lantic Treaty Organization;

7 ‘‘(2) a country that has been designated as a

8 major non-NATO ally (as defined in section 644(q));

9 or

10 ‘‘(3) Taiwan.

11 ‘‘(b) EXCEPTION.—The prohibition contained in sub12 section (a) shall not apply with respect to the use of funds

13 to facilitate the sale of antitank shells to a country if the

14 President determines that to do so is in the national secu15 rity interest of the United States.’’.

16 SEC. 3192. END-USE MONITORING OF DEFENSE ARTICLES

17 AND DEFENSE SERVICES.

18 (a) IN GENERAL.—The Arms Export Control Act (22

19 U.S.C.2751 et seq.) is amended by inserting after chapter

20 3 the following new chapter:
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1 ‘‘CHAPTER 3A—END-USE MONITORING OF

2 DEFENSE ARTICLES AND DEFENSE

3 SERVICES

4 ‘‘SEC. 40A. END-USE MONITORING OF DEFENSE ARTICLES

5 AND DEFENSE SERVICES.

6 ‘‘(a) ESTABLISHMENT OF MONITORING PROGRAM.—

7 ‘‘(1) IN GENERAL.—In order to improve account8 ability with respect to defense articles and defense

9 services sold, leased, or exported under this Act or the

10 Foreign Assistance Act of 1961 (22 U.S.C. 2151 et

11 seq.), the Secretary of State shall establish a program

12 which provides for the end-use monitoring of such ar13 ticles and services.

14 ‘‘(2) REQUIREMENTS OF PROGRAM.—To the ex15 tent practicable, such program—

16 ‘‘(A) shall provide for the end-use monitor17 ing of defense articles and defense services in ac18 cordance with the standards that apply for iden19 tifying high-risk exports for regular end-use ver20 ification developed under section 38(g)(7) of this

21 Act (commonly referred to as the ‘Blue Lantern’

22 program); and

23 ‘‘(B) shall be designed to provide reasonable

24 assurance that—
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1 ‘‘(i) the recipient is complying with the

2 requirements imposed by the United States

3 Government with respect to use, transfers,

4 and security of defense articles and defense

5 services; and

6 ‘‘(ii) such articles and services are

7 being used for the purposes for which they

8 are provided.

9 ‘‘(b) CONDUCT OF PROGRAM.—In carrying out the

10 program established under subsection (a), the Secretary

11 shall ensure that the program—

12 ‘‘(1) provides for the end-use verification of de13 fense articles and defense services that incorporate

14 sensitive technology, defense articles and defense serv15 ices that are particularly vulnerable to diversion or

16 other misuse, or defense articles or defense services

17 whose diversion or other misuse could have significant

18 consequences; and

19 ‘‘(2) prevents the diversion (through reverse engi20 neering or other means) of technology incorporated in

21 defense articles.

22 ‘‘(c) MONITORING RESPONSIBILITIES.—

23 ‘‘(1) IN GENERAL.—Pursuant to subsection (a),

24 sections 3 and 38 of this Act, and sections 505, 622,

25 and 623 of the Foreign Assistance Act of 1961, the
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1 Secretary of State, in consultation with the Secretary

2 of Defense and officials of appropriate other Federal

3 agencies, shall provide for the monitoring of defense

4 articles and defense services described in subsection

5 (a).

6 ‘‘(2) ADDITIONAL PERSONNEL.—Upon the re7 quest of the Secretary of State, the Secretary of De8 fense or the Secretary of the Treasury, as the case

9 may be, shall provide to the agency primarily respon10 sible for the licensing of exports under this section, on

11 a nonreimbursable basis, personnel with appropriate

12 expertise to assist in the end-use monitoring and en13 forcement functions under this section and section 38

14 of this Act.

15 ‘‘(d) REPORT TO CONGRESS.—Not later than 6 months

16 after the date of the enactment of the Foreign Aid Reduction

17 Act of 1995, and annually thereafter as a part of the annual

18 congressional presentation documents submitted under sec19 tion 634 of the Foreign Assistance Act of 1961, the Presi20 dent shall transmit to the Congress a report describing the

21 actions taken to implement this section.

22 ‘‘(e) THIRD COUNTRY TRANSFERS.—For purposes of

23 this section, defense articles and defense services sold, leased,

24 or exported under this Act or the Foreign Assistance Act

25 of 1961 (22 U.S.C. 2151 et seq.) includes defense articles
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1 and defense services that are transferred to a third country

2 or other third party.’’.

3 (b) EFFECTIVE DATES.—Section 40A of the Arms Ex4 port Control Act, as added by subsection (a), applies with

5 respect to defense articles and defense services provided be6 fore or after the date of the enactment of this Act.

7 SEC. 3193. BROKERING ACTIVITIES RELATING TO COMMER8 CIAL SALES OF DEFENSE ARTICLES AND

9 SERVICES.

10 (a) IN GENERAL.—Section 38(b)(1)(A) of the Arms

11 Export Control Act (22 U.S.C. 2778(b)(1)(A)) is amend12 ed—

13 (1) in the first sentence, by striking ‘‘As pre14 scribed in regulations’’ and inserting ‘‘(i) As pre15 scribed in regulations’’; and

16 (2) by adding at the end the following new

17 clause:

18 ‘‘(ii)(I) As prescribed in regulations issued under this

19 section, every person (other than an officer or employee of

20 the United States Government acting in official capacity)

21 who engages in the business of brokering activities with re22 spect to the manufacture, export, import, or transfer of any

23 defense article or defense service designated by the President

24 under subsection (a)(1), or in the business of brokering ac25 tivities with respect to the manufacture, export, import, or
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1 transfer of any foreign defense article or defense service (as

2 defined in subclause (IV)), shall register with the United

3 States Government agency charged with the administration

4 of this section, and shall pay a registration fee which shall

5 be prescribed by such regulations.

6 ‘‘(II) Such brokering activities shall include the fi7 nancing, transportation, freight forwarding, or the taking

8 of any other action that facilitates the manufacture, export,

9 or import of a defense article or defense service.

10 ‘‘(III) No person may engage in the business of

11 brokering activities without a license, issued in accordance

12 with this Act, except that no license shall be required for

13 such activities undertaken by or for an agency of the United

14 States Government—

15 ‘‘(aa) for official use by an agency of the United

16 States Government; or

17 ‘‘(bb) for carrying out any foreign assistance or

18 sales program authorized by law and subject to the

19 control of the President by other means.

20 ‘‘(IV) For purposes of this clause, the term ‘foreign de21 fense article or defense service’ includes any non-United

22 States defense article or defense service of a nature described

23 on the United States Munitions List regardless of whether

24 such article or service is of United States origin or whether
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1 such article or service contains United States origin compo2 nents.’’.

3 (b) EFFECTIVE DATE.—Section 38(b)(1)(A)(ii) of the

4 Arms Export Control Act, as added by subsection (a), shall

5 apply with respect to brokering activities engaged in on or

6 after the date of the enactment of this Act.

7 TITLE XXXII—ECONOMIC

8 ASSISTANCE

9 CHAPTER 1—ECONOMIC SUPPORT

10 ASSISTANCE

11 SEC. 3201. ECONOMIC SUPPORT FUND.

12 Section 532(a) of the Foreign Assistance Act of 1961

13 (22 U.S.C. 2346a(a)) is amended to read as follows:

14 ‘‘(a) There are authorized to be appropriated to the

15 President to carry out the purposes of this chapter

16 $2,356,378,000 for fiscal year 1996 and $2,283,478,000 for

17 fiscal year 1997.’’.

18 SEC. 3202. ASSISTANCE FOR ISRAEL.

19 (a) MINIMUM ALLOCATION.—Of the amounts made

20 available for fiscal years 1996 and 1997 for assistance

21 under chapter 4 of part II of the Foreign Assistance Act

22 of 1961 (22 U.S.C. 2346 et seq.; relating to the economic

23 support fund), not less than $1,200,000,000 for each such

24 fiscal year shall be available only for Israel.

25 (b) TERMS OF ASSISTANCE.—
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1 (1) CASH TRANSFER.—The total amount of funds

2 allocated for Israel for each fiscal year under sub3 section (a) shall be made available on a grant basis

4 as a cash transfer.

5 (2) EXPEDITED DISBURSEMENT.—Such funds

6 shall be disbursed—

7 (A) with respect to fiscal year 1996, not

8 later than 30 days after the date of the enact9 ment of the Foreign Operations, Export Financ10 ing, and Related Programs Appropriations Act,

11 1996, or by October 31, 1995, whichever is later;

12 and

13 (B) with respect to fiscal year 1997, not

14 later than 30 days after the date of the enact15 ment of the Foreign Operations, Export Financ16 ing, and Related Programs Appropriations Act,

17 1997, or by October 31, 1996, whichever is later.

18 (3) ADDITIONAL REQUIREMENT.—In exercising

19 the authority of this subsection, the President shall

20 ensure that the amount of funds provided as a cash

21 transfer to Israel does not cause an adverse impact on

22 the total level of nonmilitary exports from the United

23 States to Israel.
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1 SEC. 3203. ASSISTANCE FOR EGYPT.

2 (a) MINIMUM ALLOCATION.—Of the amounts made

3 available for fiscal years 1996 and 1997 for assistance

4 under chapter 4 of part II of the Foreign Assistance Act

5 of 1961 (22 U.S.C. 2346 et seq.; relating to the economic

6 support fund), not less than $815,000,000 for each such fis7 cal year shall be available only for Egypt.

8 (b) ADDITIONAL REQUIREMENT.—In exercising the

9 authority of this section, the President shall ensure that the

10 amount of funds provided as a cash transfer to Egypt does

11 not cause an adverse impact on the total level of non12 military exports from the United States to Egypt.

13 SEC. 3204. INTERNATIONAL FUND FOR IRELAND.

14 (a) FUNDING.—

15 (1) IN GENERAL.—Of the amounts made avail16 able for fiscal years 1996 and 1997 for assistance

17 under chapter 4 of part II of the Foreign Assistance

18 Act of 1961 (22 U.S.C. 2346 et seq.; relating to the

19 economic support fund), not more than $29,600,000

20 for fiscal year 1996 and not more than $19,600,000

21 for fiscal year 1997 shall be available for the United

22 States contribution to the International Fund for Ire23 land in accordance with the Anglo-Irish Agreement

24 Support Act of 1986 (Public Law 99–415).
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1 (2) AVAILABILITY.—Amounts made available

2 under paragraph (1) are authorized to remain avail3 able until expended.

4 (b) ADDITIONAL REQUIREMENTS.—

5 (1) PURPOSES.—Section 2(b) of the Anglo-Irish

6 Agreement Support Act of 1986 (Public Law 99–415;

7 100 Stat. 947) is amended by adding at the end the

8 following new sentences: ‘‘United States contributions

9 shall be used in a manner that effectively increases

10 employment opportunities in communities with rates

11 of unemployment significantly higher than the local

12 or urban average of unemployment in Northern Ire13 land. In addition, such contributions shall be used to

14 benefit individuals residing in such communities.’’.

15 (2) CONDITIONS AND UNDERSTANDINGS.—Sec16 tion 5(a) of such Act is amended—

17 (A) in the first sentence—

18 (i) by striking ‘‘The United States’’

19 and inserting the following:

20 ‘‘(1) IN GENERAL.—The United States’’;

21 (ii) by striking ‘‘in this Act may be

22 used’’ and inserting the following: ‘‘in this

23 Act—

24 ‘‘(A) may be used’’;
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1 (iii) by striking the period and insert2 ing ‘‘; and’’; and

3 (iv) by adding at the end the following:

4 ‘‘(B) may be provided to an individual or

5 entity in Northern Ireland only if such individ6 ual or entity is in compliance with the prin7 ciples of economic justice.’’; and

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

9 restrictions’’ and inserting the following:

10 ‘‘(2) ADDITIONAL REQUIREMENTS.—The restric11 tions’’.

12 (3) PRIOR CERTIFICATIONS.—Section 5(c)(2) of

13 such Act is amended—

14 (A) in subparagraph (A), by striking ‘‘prin15 ciple of equality’’ and all that follows and insert16 ing ‘‘principles of economic justice; and’’; and

17 (B) in subparagraph (B), by inserting be18 fore the period at the end the following: ‘‘and

19 will create employment opportunities in regions

20 and communities of Northern Ireland suffering

21 the highest rates of unemployment’’.

22 (4) ANNUAL REPORTS.—Section 6 of such Act is

23 amended—

24 (A) in paragraph (2), by striking ‘‘and’’ at

25 the end;
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1 (B) in paragraph (3), by striking the period

2 and inserting ‘‘; and’’; and

3 (C) by adding at the end the following new

4 paragraph:

5 ‘‘(4) each individual or entity receiving assist6 ance from United States contributions to the Inter7 national Fund has agreed in writing to comply with

8 the principles of economic justice.’’.

9 (5) DEFINITIONS.—Section 8 of such Act is

10 amended—

11 (A) in paragraph (1), by striking ‘‘and’’ at

12 the end;

13 (B) in paragraph (2), by striking the period

14 at the end and inserting a semicolon; and

15 (C) by adding at the end the following new

16 paragraphs:

17 ‘‘(3) the term ‘Northern Ireland’ includes the

18 counties of Antrim, Armagh, Derry, Down, Tyrone,

19 and Fermanagh; and

20 ‘‘(4) the term ‘principles of economic justice’

21 means the following principles:

22 ‘‘(A) Increasing the representation of indi23 viduals from underrepresented religious groups

24 in the workforce, including managerial, super-
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1 visory, administrative, clerical, and technical

2 jobs.

3 ‘‘(B) Providing adequate security for the

4 protection of minority employees at the work5 place.

6 ‘‘(C) Banning provocative sectarian or po7 litical emblems from the workplace.

8 ‘‘(D) Providing that all job openings be ad9 vertised publicly and providing that special re10 cruitment efforts be made to attract applicants

11 from underrepresented religious groups.

12 ‘‘(E) Providing that layoff, recall, and ter13 mination procedures do not favor a particular

14 religious group.

15 ‘‘(F) Abolishing job reservations, appren16 ticeship restrictions, and differential employment

17 criteria which discriminate on the basis of reli18 gion.

19 ‘‘(G) Providing for the development of

20 training programs that will prepare substantial

21 numbers of minority employees for skilled jobs,

22 including the expansion of existing programs

23 and the creation of new programs to train, up24 grade, and improve the skills of minority em25 ployees.
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1 ‘‘(H) Establishing procedures to assess,

2 identify, and actively recruit minority employees

3 with the potential for further advancement.

4 ‘‘(I) Providing for the appointment of a

5 senior management staff member to be respon6 sible for the employment efforts of the entity and,

7 within a reasonable period of time, the imple8 mentation of the principles described in subpara9 graphs (A) through (H).’’.

10 (6) EFFECTIVE DATE.—The amendments made

11 by this subsection shall take effect 180 days after the

12 date of the enactment of this Act.

13 SEC. 3205. LAW ENFORCEMENT ASSISTANCE.

14 (a) IN GENERAL.—Of the amounts made available for

15 fiscal years 1996 and 1997 for assistance under chapter 4

16 of part II of the Foreign Assistance Act of 1961 (22 U.S.C.

17 2346 et seq.; relating to the economic support fund), not

18 more than $12,000,000 for each such fiscal year shall be

19 available for law enforcement assistance under chapter 8

20 of part I of such Act (22 U.S.C. 2291 et seq.).

21 (b) AVAILABILITY.—Amounts made available under

22 subsection (a) are authorized to remain available until

23 expended.
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1 CHAPTER 2—ASSISTANCE FOR PRIVATE

2 SECTOR PROGRAMS AND ACTIVITIES

3 SEC. 3211. PRIVATE SECTOR ENTERPRISE FUNDS.

4 The Foreign Assistance Act of 1961 (22 U.S.C. 2151

5 et seq.) is amended by inserting after section 601 the follow6 ing new section:

7 ‘‘SEC. 601A. PRIVATE SECTOR ENTERPRISE FUNDS.

8 ‘‘(a) AUTHORITY.—(1) The President may provide

9 funds and support to Enterprise Funds designated in ac10 cordance with subsection (b) that are or have been estab11 lished for the purposes of promoting—

12 ‘‘(A) development of the private sectors of eligible

13 countries, including small businesses, the agricultural

14 sector, and joint ventures with United States and host

15 country participants; and

16 ‘‘(B) policies and practices conducive to private

17 sector development in eligible countries;

18 on the same basis as funds and support may be provided

19 with respect to Enterprise Funds for Poland and Hungary

20 under the Support for East European Democracy (SEED)

21 Act of 1989 (22 U.S.C. 5401 et seq.).

22 ‘‘(2) Funds may be made available under this section

23 notwithstanding any other provision of law.

24 ‘‘(b) COUNTRIES ELIGIBLE FOR ENTERPRISE

25 FUNDS.—(1) Except as provided in paragraph (2), the
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1 President is authorized to designate a private, nonprofit or2 ganization as eligible to receive funds and support pursuant

3 to this section with respect to any country eligible to receive

4 assistance under part I of this Act in the same manner and

5 with the same limitations as set forth in section 201(d) of

6 the Support for East European Democracy (SEED) Act of

7 1989 (22 U.S.C. 5421(d)).

8 ‘‘(2) The authority of paragraph (1) shall not apply

9 to any country with respect to which the President is au10 thorized to designate an enterprise fund under section

11 498B(c) or section 498C of this Act or section 201 of the

12 Support for East European Democracy (SEED) Act of

13 1989 (22 U.S.C. 5421).

14 ‘‘(c) TREATMENT EQUIVALENT TO ENTERPRISE FUNDS

15 FOR POLAND AND HUNGARY.—Except as otherwise specifi16 cally provided in this section, the provisions contained in

17 section 201 of the Support for East European Democracy

18 (SEED) Act of 1989 (22 U.S.C. 5421) (excluding the au19 thorizations of appropriations provided in subsection (b) of

20 that section) shall apply to any Enterprise Fund that re21 ceives funds and support under this section. The officers,

22 members, or employees of an Enterprise Fund that receive

23 funds and support under this section shall enjoy the same

24 status under law that is applicable to officers, members, or

25 employees of the Enterprise Funds for Poland and Hungary
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1 under section 201 of the Support for East European Democ2 racy (SEED) Act of 1989 (22 U.S.C. 5421).

3 ‘‘(d) REPORTING REQUIREMENT.—Notwithstanding

4 any other provision of this section, the requirement of sec5 tion 201(p) of the Support for East European Democracy

6 (SEED) Act of 1989 (22 U.S.C. 5421(p)), that an Enter7 prise Fund shall be required to publish an annual report

8 not later than January 31 each year, shall not apply with

9 respect to an Enterprise Fund that receives funds and sup10 port under this section for the first twelve months after it

11 is designated as eligible to receive such funds and support.

12 ‘‘(e) FUNDING.—

13 ‘‘(1) IN GENERAL.—Amounts made available for

14 a fiscal year to carry out chapter 1 of part I of this

15 Act (relating to development assistance) and to carry

16 out chapter 4 of part II of this Act (relating to the

17 economic support fund) shall be available for such fis18 cal year to carry out this section, in addition to

19 amounts otherwise available for such purposes.

20 ‘‘(2) AFRICAN DEVELOPMENT.—In addition to

21 amounts available under paragraph (1) for a fiscal

22 year, amounts made available for such fiscal year to

23 carry out chapter 10 of part I of this Act (relating

24 to the Development Fund for Africa) shall be avail-
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1 able for such fiscal year to carry out this section with

2 respect to countries in Africa.’’.

3 SEC. 3212. MICRO- AND SMALL ENTERPRISE DEVELOPMENT

4 CREDITS.

5 (a) IN GENERAL.—Section 108 of the Foreign Assist6 ance Act of 1961 (22 U.S.C. 2151f) is amended to read as

7 follows:

8 ‘‘SEC. 108. MICRO- AND SMALL ENTERPRISE DEVELOPMENT

9 CREDITS.

10 ‘‘(a) FINDINGS AND POLICY.—The Congress finds and

11 declares that—

12 ‘‘(1) the development of micro- and small enter13 prise, including cooperatives, is a vital factor in the

14 stable growth of developing countries and in the devel15 opment and stability of a free, open, and equitable

16 international economic system;

17 ‘‘(2) it is, therefore, in the best interests of the

18 United States to assist the development of the private

19 sector in developing countries and to engage the

20 United States private sector in that process;

21 ‘‘(3) the support of private enterprise can be

22 served by programs providing credit, training, and

23 technical assistance for the benefit of micro- and

24 small enterprises; and
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1 ‘‘(4) programs that provide credit, training, and

2 technical assistance to private institutions can serve

3 as a valuable complement to grant assistance pro4 vided for the purpose of benefiting micro- and small

5 private enterprise.

6 ‘‘(b) PROGRAM.—To carry out the policy set forth in

7 subsection (a), the President is authorized to provide assist8 ance to increase the availability of credit to micro- and

9 small enterprises lacking full access to credit, including

10 through—

11 ‘‘(1) loans and guarantees to credit institutions

12 for the purpose of expanding the availability of credit

13 to micro- and small enterprises;

14 ‘‘(2) training programs for lenders in order to

15 enable them to better meet the credit needs of micro16 and small entrepreneurs; and

17 ‘‘(3) training programs for micro- and small en18 trepreneurs in order to enable them to make better use

19 of credit and to better manage their enterprises.’’.

20 (b) AUTHORIZATION OF APPROPRIATIONS.—

21 (1) IN GENERAL.—(A) There is authorized to be

22 appropriated to carry out section 108 of the Foreign

23 Assistance Act of 1961, in addition to funds otherwise

24 available for such purposes, $2,000,000 for each of the

25 fiscal years 1996 and 1997. Funds authorized to be
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1 appropriated under this subsection shall be made

2 available for the subsidy cost, as defined in section

3 502(5) of the Federal Credit Reform Act of 1990, for

4 activities under section 108 of the Foreign Assistance

5 Act of 1961.

6 (B) In addition, there are authorized to be ap7 propriated $500,000 for each of the fiscal years 1996

8 and 1997 for the cost of training programs and ad9 ministrative expenses to carry out such section.

10 (2) AVAILABILITY OF AMOUNTS.—Amounts au11 thorized to be appropriated under paragraph (1) are

12 authorized to remain available until expended.

13 SEC. 3213. MICROENTERPRISE DEVELOPMENT GRANT AS14 SISTANCE.

15 Chapter 1 of part I of the Foreign Assistance Act of

16 1961 (22 U.S.C. 2151 et seq.) is amended by adding at the

17 end the following new section:

18 ‘‘SEC. 129. MICROENTERPRISE DEVELOPMENT GRANT AS19 SISTANCE.

20 ‘‘(a) AUTHORIZATION.—(1) In carrying out this part,

21 the administrator of the agency primarily responsible for

22 administering this part is authorized to provide grant as23 sistance for programs of credit and other assistance for

24 microenterprises in developing countries.
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1 ‘‘(2) Assistance authorized under paragraph (1) shall

2 be provided through the following organizations that have

3 a capacity to develop and implement microenterprise pro4 grams:

5 ‘‘(A) United States and indigenous private and

6 voluntary organizations.

7 ‘‘(B) United States and indigenous credit unions

8 and cooperative organizations.

9 ‘‘(C) Other indigenous governmental and non10 governmental organizations.

11 ‘‘(3) Approximately 50 percent of assistance author12 ized under paragraph (1) shall be used for poverty lending

13 programs which—

14 ‘‘(A) meet the needs of the very poor members of

15 society, particularly poor women; and

16 ‘‘(B) provide loans of $300 or less in 1995 Unit17 ed States dollars to such poor members of society.

18 ‘‘(4) The administrator of the agency primarily re19 sponsible for administering this part shall strengthen ap20 propriate mechanisms, including mechanisms for central

21 microenterprise programs, for the purpose of—

22 ‘‘(A) providing technical support for field mis23 sions;
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1 ‘‘(B) strengthening the institutional development

2 of the intermediary organizations described in para3 graph (2); and

4 ‘‘(C) sharing information relating to the provi5 sion of assistance authorized under paragraph (1) be6 tween such field missions and intermediary organiza7 tions.

8 ‘‘(b) MONITORING SYSTEM.—In order to maximize the

9 sustainable development impact of the assistance authorized

10 under subsection (a)(1), the administrator of the agency

11 primarily responsible for administering this part shall es12 tablish a monitoring system that—

13 ‘‘(1) establishes performance goals for such assist14 ance and expresses such goals in an objective and

15 quantifiable form, to the extent feasible;

16 ‘‘(2) establishes performance indicators to be

17 used in measuring or assessing the achievement of the

18 goals and objectives of such assistance; and

19 ‘‘(3) provides a basis for recommendations for

20 adjustments to such assistance to enhance the sustain21 able development impact of such assistance, particu22 larly the impact of such assistance on the very poor,

23 particularly poor women.’’.
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1 CHAPTER 3—DEVELOPMENT ASSISTANCE

2 Subchapter A—Development Assistance

3 Authorities

4 SEC. 3221. AUTHORIZATIONS OF APPROPRIATIONS.

5 (a) IN GENERAL.—There are authorized to be appro6 priated the following amounts for the following purposes (in

7 addition to amounts otherwise available for such purposes):

8 (1) DEVELOPMENT ASSISTANCE FUND.—

9 $858,000,000 for each of the fiscal years 1996 and

10 1997 to carry out sections 103 through 106 of the

11 Foreign Assistance Act of 1961 (22 U.S.C. 2151a

12 through 2151d).

13 (2) DEVELOPMENT FUND FOR AFRICA.—

14 $629,214,000 for each of the fiscal years 1996 and

15 1997 to carry out chapter 10 of part I of the Foreign

16 Assistance Act of 1961 (22 U.S.C. 2293 et seq.).

17 (3) ASSISTANCE FOR THE INDEPENDENT STATES

18 OF THE FORMER SOVIET UNION.—$643,000,000 for

19 fiscal year 1996 and $650,000,000 for fiscal year

20 1997 to carry out programs under chapter 11 of part

21 I of the Foreign Assistance Act of 1961 (22 U.S.C.

22 2295 et seq.) and other related programs.

23 (4) ASSISTANCE FOR EAST EUROPEAN COUN24 TRIES.—$325,000,000 for fiscal year 1996 and

25 $275,000,000 for fiscal year 1997 for economic assist-
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1 ance for Eastern Europe and the Baltic states under

2 the Foreign Assistance Act of 1961 (22 U.S.C. 2151

3 et seq.) and the Support for East European Democ4 racy (SEED) Act of 1989 (22 U.S.C. 5401 et seq.).

5 (5) INTER-AMERICAN FOUNDATION.—$20,000,000

6 for fiscal year 1996 and $10,000,000 for fiscal year

7 1997 to carry out section 401 of the Foreign Assist8 ance Act of 1969 (22 U.S.C. 290f).

9 (6) AFRICAN DEVELOPMENT FOUNDATION.—

10 $10,000,000 for fiscal year 1996 and $5,000,000 for

11 fiscal year 1997 to carry out the African Development

12 Foundation Act (22 U.S.C. 290h et seq.).

13 (b) AVAILABILITY OF AMOUNTS.—Amounts authorized

14 to be appropriated under subsection (a) are authorized to

15 remain available until expended.

16 SEC. 3222. CHILD SURVIVAL ACTIVITIES, VITAMIN A DEFI17 CIENCY PROGRAM, AND RELATED ACTIVITIES.

18 (a) CHILD SURVIVAL ACTIVITIES.—

19 (1) IN GENERAL.—(A) Of the amounts made

20 available to carry out the provisions of law described

21 in paragraph (2) for fiscal years 1996 and 1997, not

22 less than $280,000,000 for each such fiscal year shall

23 be made available only for activities which have a di24 rect measurable impact on rates of child morbidity

25 and mortality, with a particular emphasis on deliv-
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1 ery of community-based primary health care and

2 health education services which benefit the poorest of

3 the poor.

4 (B) Of the amounts made available under sub5 paragraph (A) for a fiscal year, not less than

6 $30,000,000 for such fiscal year shall be provided to

7 private and voluntary organizations under the PVO

8 Child Survival grants program carried out by the

9 agency primarily responsible for administering part

10 I of the Foreign Assistance Act of 1961.

11 (2) PROVISIONS OF LAW.—The provisions of law

12 described in this paragraph are the following:

13 (A) Sections 103 through 106 of the Foreign

14 Assistance Act of 1961 (22 U.S.C. 2151a through

15 2151d; relating to the development assistance

16 fund).

17 (B) Chapter 10 of part I of the Foreign As18 sistance Act of 1961 (22 U.S.C. 2293 et seq.; re19 lating to the Development Fund for Africa).

20 (C) Chapter 4 of part II of the Foreign As21 sistance Act of 1961 (22 U.S.C. 2346 et seq.; re22 lating to the economic support fund).

23 (D) The ‘‘Multilateral Assistance Initiative

24 for the Philippines’’ program.
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1 (3) SPECIAL RULE.—Amounts made available

2 under sections 103 through 106 of the Foreign Assist3 ance Act of 1961 for the Vitamin A Deficiency Pro4 gram, part I of such Act for iodine and iron fortifica5 tion programs and for iron supplementation pro6 grams for pregnant women, chapter 9 of part I of

7 such Act for international disaster assistance, section

8 104(c) of such Act for international AIDS prevention

9 and control, and any other provision of law for mi10 gration and refugee assistance, shall not be included

11 in the aggregate amounts described in paragraph (1)

12 for purposes of the requirements contained in such

13 paragraph.

14 (b) VITAMIN A DEFICIENCY PROGRAM AND RELATED

15 ACTIVITIES.—Of the amounts made available to carry out

16 sections 103 through 106 of the Foreign Assistance Act of

17 1961 (22 U.S.C. 2151a through 2151d) for fiscal years 1996

18 and 1997, not less than $25,000,000 for each such fiscal

19 year shall be made available for the Vitamin A Deficiency

20 Program and for activities relating to iodine deficiency and

21 other micronutrients.

22 (c) UNDP/WHO TROPICAL DISEASE PROGRAM.—Of

23 the amounts made available to carry out section 103

24 through 106 of the Foreign Assistance Act of 1961 (22

25 U.S.C. 2151a through 2151d) for fiscal years 1996 and
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1 1997, not less than $15,000,000 for each such fiscal year

2 shall be made available for the United Nations Development

3 Program/World Health Organization Special Program for

4 Research and Training in Tropical Diseases.

5 SEC. 3223. ASSISTANCE FOR FAMILY PLANNING.

6 (a) RESTRICTION ON USE OF FUNDS FOR VOLUNTARY

7 POPULATION PLANNING.—Section 104(b) of the Foreign As8 sistance Act of 1961 (22 U.S.C. 2151b(b)) is amended by

9 inserting after the first sentence the following new sentence:

10 ‘‘Such assistance shall be available only for voluntary fam11 ily planning projects which offer, either directly or through

12 referral to, or information about access to, a broad range

13 of family planning methods and services.’’

14 (b) PROHIBITION ON USE OF FUNDS FOR VOLUNTARY

15 POPULATION PLANNING TO ORGANIZATIONS OR PROGRAMS

16 SUPPORTING OR PARTICIPATING IN THE MANAGEMENT OF

17 ABORTION OR INVOLUNTARY STERILIZATION PROGRAMS.—

18 Section 104(b) of such Act (22 U.S.C. 2151b(b)), as amend19 ed by subsection (a), is further amended—

20 (1) in the first sentence, by striking ‘‘In order

21 to’’ and inserting ‘‘(1) In order to’’; and

22 (2) by adding at the end the following new para23 graph:

24 ‘‘(2) None of the funds made available to carry out

25 this subsection may be made available to any organization
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1 or program which, as determined by the President, supports

2 or participates in the management of a program of coercive

3 abortion or involuntary sterilization.’’.

4 (c) PROHIBITION ON DISCRIMINATION WITH RESPECT

5 TO GRANTS FOR NATURAL FAMILY PLANNING.—Section

6 104(b) of such Act (22 U.S.C. 2151b(b)), as amended by

7 subsections (a) and (b), is further amended by adding at

8 the end the following new paragraph:

9 ‘‘(3) In providing grants for natural family planning

10 under this subsection, the administrator of the agency pri11 marily responsible for administering this part shall not dis12 criminate against applicants because of any religious or

13 conscientious commitment by such applicants to offer only

14 natural family planning services.’’.

15 (d) CLARIFICATION WITH RESPECT TO PROHIBITION

16 ON USE OF FUNDS FOR ABORTIONS.—Section 104(f)(1) of

17 such Act (22 U.S.C. 2151b(f)(1)) is amended—

18 (1) by striking ‘‘None of the funds’’ and insert19 ing ‘‘(A) None of the funds’’; and

20 (2) by adding at the end the following new sub21 paragraph:

22 ‘‘(B) For purposes of this paragraph, the term ‘moti23 vate’ shall not be construed to prohibit the provision, con24 sistent with local law, of information and counseling con25 cerning all pregnancy options, including abortion.’’.
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1 SEC. 3224. ASSISTANCE FOR THE INDEPENDENT STATES OF

2 THE FORMER SOVIET UNION.

3 (a) CONDITIONS ON ASSISTANCE.—Section 498A(b) of

4 the Foreign Assistance Act of 1961 (22 U.S.C. 2295a(b))

5 is amended—

6 (1) in paragraph (4), by striking ‘‘or’’ at the

7 end;

8 (2) by redesignating paragraph (5) as para9 graph (10); and

10 (3) by inserting after paragraph (4) the follow11 ing new paragraphs:

12 ‘‘(5) for the Government of Russia, unless the

13 President certifies to the Congress that such Govern14 ment—

15 ‘‘(A) is pursuing, without preconditions, an

16 immediate and permanent ceasefire, and is pur17 suing a negotiated settlement to the conflict in

18 the Russian Federation Republic of Chechnya;

19 ‘‘(B) is taking steps to provide unhindered

20 access to the region of Chechnya and surround21 ing areas of the Russian Federation by elected

22 officials of the Russian Federation and by inde23 pendent Russian media;

24 ‘‘(C) is cooperating with the Organization

25 for Security and Cooperation in Europe and

26 other appropriate international organizations in
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1 undertaking steps to investigate and prosecute

2 any and all individuals, including members of

3 the Russian armed forces and internal security

4 agencies, who may be responsible for atrocities,

5 war crimes, or crimes against humanity in the

6 region of Chechnya;

7 ‘‘(D) is cooperating with the Assistance

8 Group of the Organization on Security and Co9 operation in Europe established in Chechnya in

10 fulfilling that mission’s mandate;

11 ‘‘(E) is cooperating in assuring the

12 unhindered delivery of humanitarian assistance

13 to the civilian population in Chechnya;

14 ‘‘(F) has made the fullest possible account15 ing of all persons currently detained by Russian

16 military or security forces as a result of the con17 flict in Chechnya and has allowed access to those

18 individuals by the International Committee of

19 the Red Cross;

20 ‘‘(G) is taking steps to repatriate refugees

21 and displaced persons wishing to return to

22 Chechnya; and

23 ‘‘(H) is taking steps to hold free and fair

24 elections in Chechnya, based on the principles of

25 the Organization on Security and Cooperation
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1 in Europe and conducted in the presence of for2 eign and domestic observers;

3 except that this paragraph shall not apply to the pro4 vision of such assistance for purposes of humani5 tarian, disaster, and refugee relief or assisting demo6 cratic political reform and rule of law activities, pro7 vision of technical assistance for safety upgrade of ci8 vilian nuclear power plants, and assisting in the cre9 ation of private sector and nongovernmental organi10 zations that are independent of government ownership

11 and control;

12 ‘‘(6) for the government of any independent state

13 that has agreed to provide nuclear reactor components

14 to Iran, unless the President determines that the sale

15 of such components to Iran includes safeguards that

16 are consistent with the national security objectives of

17 the United States and the concerns of the United

18 States with respect to nonproliferation of nuclear

19 weapons technology, except that this paragraph shall

20 not apply to the provision of such of assistance for

21 purposes of—

22 ‘‘(A) humanitarian, disaster, and refugee

23 relief; or

24 ‘‘(B) assisting democratic political reform,

25 rule of law activities, and the creation of private
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1 sector and nongovernmental organizations that

2 are independent of government ownership and

3 control;

4 ‘‘(7) for the government of any independent state

5 that the President determines directs any action in

6 violation of the territorial integrity or national sov7 ereignty of any other new independent state, except

8 that this paragraph shall not apply to the provision

9 of such assistance for purposes of—

10 ‘‘(A) humanitarian, disaster, and refugee

11 relief; or

12 ‘‘(B) assisting democratic political reform,

13 rule of law activities, and the creation of private

14 sector and nongovernmental organizations that

15 are independent of government ownership and

16 control;

17 ‘‘(8) for the purpose of enhancing the military

18 capability of any independent state, except that this

19 paragraph shall not apply to demilitarization, defense

20 conversion or nonproliferation programs, or programs

21 to support troop withdrawal including through the

22 support of an officer resettlement program, and tech23 nical assistance for the housing sector;

24 ‘‘(9) for the Government of Russia if the Presi25 dent determines that Government—
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1 ‘‘(A) is not making progress in implement2 ing comprehensive economic reforms based on

3 market principles, including fostering private

4 ownership, the repayment of commercial debt,

5 the respect of commercial contracts, the equitable

6 treatment of foreign private investment; or

7 ‘‘(B) applies or transfers assistance pro8 vided under this chapter to any entity for the

9 purpose of expropriating or seizing ownership or

10 control of assets, investments, or ventures; or’’.

11 (b) ASSISTANCE THROUGH THE PRIVATE SECTOR.—

12 Section 498B(a) of such Act (22 U.S.C. 2295b(a)) is amend13 ed to read as follows:

14 ‘‘(a) ASSISTANCE THROUGH THE PRIVATE SECTOR.—

15 Assistance under this chapter shall be provided, to the maxi16 mum extent feasible, through the private sector, including

17 private and voluntary organizations and other nongovern18 mental organizations functioning in the independent states

19 of the former Soviet Union.’’.

20 (c) WAIVER OF CERTAIN PROVISIONS.—Section

21 498B(j)(1) of such Act (22 U.S.C. 2295b(j)(1)) is amended

22 in the matter preceding subparagraph (A)—

23 (1) by striking ‘‘for fiscal year 1993 by this

24 chapter’’ and inserting ‘‘to carry out this chapter’’;

25 and
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1 (2) by striking ‘‘appropriated for fiscal year

2 1993’’.

3 SEC. 3225. DEVELOPMENT FUND FOR LATIN AMERICA AND

4 THE CARIBBEAN.

5 Part I of the Foreign Assistance Act of 1961 (22 U.S.C.

6 2151 et seq.) is amended by adding at the end the following

7 new chapter:

8 ‘‘CHAPTER 12—DEVELOPMENT FUND FOR

9 LATIN AMERICA AND THE CARIBBEAN

10 ‘‘SEC. 499. STATEMENT OF POLICY.

11 ‘‘The Congress declares the following:

12 ‘‘(1) The historic, economic, political, and geo13 graphic relationships among the countries of the

14 Western Hemisphere are unique and of continuing

15 special significance.

16 ‘‘(2) Following the historic Summit of the Amer17 icas and the passage of the North American Free

18 Trade Agreement, the countries of the Western Hemi19 sphere have moved steadfastly toward economic and

20 political integration.

21 ‘‘(3) The interests of the countries of the Western

22 Hemisphere are more interrelated than ever, and

23 sound economic, social, and democratic progress in

24 each of the countries continues to be of importance to
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1 all countries, and lack of it in any country may have

2 serious repercussions in others.

3 ‘‘(4) For the peoples of Latin America and the

4 Caribbean to progress within the framework of social

5 justice, respect for human rights, political democracy,

6 and market-oriented economies, there is a compelling

7 need for the achievement of social and economic ad8 vancement and the consolidation of political democ9 racy and the rule of law adequate to meet the legiti10 mate aspirations of the individual citizens of the

11 countries of Latin America and the Caribbean for a

12 better way of life.

13 ‘‘(5) The prosperity, security, and well-being of

14 the United States is linked directly to peace, prosper15 ity, and democracy in Latin America and the Carib16 bean.

17 ‘‘(6) Democratic values are dominant throughout

18 Latin America and the Caribbean region and nearly

19 all governments in such region have come to power

20 through democratic elections.

21 ‘‘(7) Nonetheless, existing democratic govern22 ments and their supporting institutions remain frag23 ile and face critical challenges, including, in particu24 lar, the consolidation of civilian control of such gov25 ernments and institutions, including control of the
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1 military, the consolidation or establishment of inde2 pendent judicial institutions and of the rule of law,

3 and where appropriate, the decentralization of gov4 ernment.

5 ‘‘(8) In adherence to free market principles, it is

6 essential to promote economic growth with equity—

7 enlarging employment and decisionmaking opportu8 nities and the provision of basic social services for

9 traditionally marginalized groups, such as indigenous

10 minorities, women, and the poor—and to protect and

11 promote workers rights.

12 ‘‘(9) By supporting the purposes and objectives

13 of sustainable development and applying such pur14 poses and objectives to Latin America and the Carib15 bean, the Development Fund for Latin America and

16 the Caribbean can advance the national interests of

17 the United States and can directly improve the lives

18 of the poor, encourage broad-based economic growth

19 while protecting the environment, build human cap20 ital and knowledge, support participation in democ21 racy, and promote peace and justice in Latin Amer22 ica and the Caribbean.

23 ‘‘SEC. 499A. AUTHORIZATION OF ASSISTANCE.

24 ‘‘(a) IN GENERAL.—The President is authorized to

25 provide assistance for Latin America and the Caribbean to
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1 promote democracy, sustainable development, and economic

2 growth in Latin America and the Caribbean.

3 ‘‘(b) TERMS AND CONDITIONS.—Assistance under this

4 chapter shall be provided on such terms and conditions as

5 the President may determine.

6 ‘‘SEC. 499B. AVAILABILITY OF AMOUNTS.

7 ‘‘(a) IN GENERAL.—Of the amounts made available to

8 carry out the provisions of law described in subsection (b)

9 for fiscal year 1996 and for each succeeding fiscal year, not

10 less than an amount requested by the President and ap11 proved by the Congress in appropriations Acts shall be

12 made available to carry out this chapter.

13 ‘‘(b) PROVISIONS OF LAW.—The provisions of law de14 scribed in this subsection are the following:

15 ‘‘(1) Sections 103 through 106 of this Act (relat16 ing to the development assistance fund).

17 ‘‘(2) Chapter 8 of this part (relating to inter18 national narcotics control).

19 ‘‘(3) Chapter 4 of part II of this Act (relating

20 to the economic support fund).

21 ‘‘(4) Chapter 5 of part II of this Act (relating

22 to international military education and training).

23 ‘‘(5) Titles II and III of the Agricultural Trade

24 Development and Assistance Act of 1954.
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1 ‘‘(6) The ‘Foreign Military Financing Program’

2 under section 23 of the Arms Export Control Act (22

3 U.S.C. 2763).

4 ‘‘(c) AVAILABILITY.—Amounts made available under

5 this section are authorized to remain available until ex6 pended.’’.

7 SEC. 3226. EFFECTIVENESS OF UNITED STATES DEVELOP8 MENT ASSISTANCE.

9 Chapter 1 of part I of the Foreign Assistance Act of

10 1961 (22 U.S.C. 2251 et seq.), as amended by this Act, is

11 further amended by adding at the end the following new

12 section:

13 ‘‘SEC. 130. EFFECTIVENESS OF UNITED STATES DEVELOP14 MENT ASSISTANCE.

15 ‘‘(a) REPORTS.—Not later than December 31, 1996,

16 and December 31 of each third year thereafter, the President

17 shall transmit to the Congress a report which analyzes, on

18 a country-by-country basis, the impact and effectiveness of

19 the United States development assistance provided during

20 the preceding three fiscal years. Each report shall include

21 the following for each recipient country:

22 ‘‘(1) An analysis of the impact of United States

23 development assistance during the preceding three fis24 cal years on development in that country, with a dis25 cussion of the United States interests that were served
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1 by the assistance. Such analysis shall be done on a

2 sector-by-sector basis to the extent possible and shall

3 identify any economic policy reforms which were pro4 moted by the assistance. Such analysis shall—

5 ‘‘(A) include a description, quantified to the

6 extent practicable, of the specific objectives the

7 United States sought to achieve in providing de8 velopment assistance for that country; and

9 ‘‘(B) specify the extent to which those objec10 tives were not achieved, with an explanation of

11 why they were not achieved.

12 ‘‘(2) A description of the amount and nature of

13 development assistance provided by other donors dur14 ing the preceding three fiscal years, set forth by devel15 opment sector to the extent possible.

16 ‘‘(3) A discussion of the commitment of the host

17 government to addressing the country’s needs in each

18 development sector, including a description of the re19 sources devoted by that government to each develop20 ment sector during the preceding three fiscal years.

21 ‘‘(4) A description of the trends, both favorable

22 and unfavorable, in each development sector.

23 ‘‘(5) Statistical and other information necessary

24 to evaluate the impact and effectiveness of United
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1 States development assistance on development in the

2 country.

3 ‘‘(b) LISTING OF MOST AND LEAST SUCCESSFUL AS4 SISTANCE PROGRAMS.—Each report required by this sec5 tion shall identify—

6 ‘‘(1) those five countries in which United States

7 development assistance has been most successful; and

8 ‘‘(2) those five countries in which United States

9 development assistance has been least successful.

10 For each country listed pursuant to paragraph (2), the re11 port shall explain why the assistance was not more success12 ful and shall specify what the United States has done as

13 a result.

14 ‘‘(c) REPORT TO BE A SEPARATE DOCUMENT.—Each

15 report required by this section shall be submitted to the Con16 gress as a separate document.

17 ‘‘(d) DEFINITION.—As used in this section, the terms

18 ‘United States development assistance’ and ‘development as19 sistance’ means assistance under this chapter.’’.

20 SEC. 3227. FUNDING FOR PRIVATE AND VOLUNTARY ORGA21 NIZATIONS AND COOPERATIVES.

22 (a) IN GENERAL.—For each of the fiscal years 1996

23 and 1997, the President shall allocate an aggregate amount

24 to private and voluntary organizations and cooperatives

25 under the Foreign Assistance Act of 1961 (22 U.S.C. 2151
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1 et seq.) and the Support for East European Democracy

2 (SEED) Act of 1989 which, at a minimum, is equal to the

3 aggregate amount allocated to such organizations and co4 operatives under such Acts for fiscal year 1994.

5 (b) DEFINITION.—For purposes of this section, the

6 term ‘‘private and voluntary organization’’ means a pri7 vate nongovernmental organization which—

8 (1) is organized under the laws of a country;

9 (2) receives funds from private sources;

10 (3) operates on a not-for-profit basis with appro11 priate tax-exempt status if the laws of the country

12 grant such status to not-for-profit organizations;

13 (4) is voluntary in that it receives voluntary

14 contributions of money, time, or in-kind support from

15 the public; and

16 (5) is engaged or intends to be engaged in vol17 untary, charitable, development, or humanitarian as18 sistance activities.

19 SEC. 3228. SENSE OF THE CONGRESS RELATING TO UNITED

20 STATES COOPERATIVES AND CREDIT UNIONS.

21 It is the sense of the Congress that—

22 (1) United States cooperatives and credit unions

23 can provide an opportunity for people in developing

24 countries to participate directly in democratic deci25 sionmaking for their economic and social benefit
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1 through ownership and control of business enterprises

2 and through the mobilization of local capital and sav3 ings; and

4 (2) such organizations should be utilized in fos5 tering democracy, free markets, community-based de6 velopment, and self-help projects.

7 Subchapter B—Operating Expenses

8 SEC. 3231. OPERATING EXPENSES GENERALLY.

9 Section 667(a)(1) of the Foreign Assistance Act of 1961

10 (22 U.S.C. 2427(a)(1)) is amended to read as follows:

11 ‘‘(1) $465,774,000 for fiscal year 1996 and

12 $419,196,000 for fiscal year 1997 for necessary oper13 ating expenses of the agency primarily responsible for

14 administering part I of this Act (other than the office

15 of the inspector general of such agency); and’’.

16 SEC. 3232. OPERATING EXPENSES OF THE OFFICE OF THE

17 INSPECTOR GENERAL.

18 Section 667(a) of the Foreign Assistance Act of 1961

19 (22 U.S.C. 2427(a)), as amended by this Act, is further

20 amended—

21 (1) by redesignating paragraph (2) as para22 graph (3);

23 (2) by striking ‘‘and’’ at the end of paragraph

24 (1); and
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1 (3) by inserting after paragraph (1) the follow2 ing:

3 ‘‘(2) $35,206,000 for fiscal year 1996 and

4 $31,685,000 for fiscal year 1997 for necessary operat5 ing expenses of the office of the inspector general of

6 such agency; and’’.

7 CHAPTER 4—PUBLIC LAW 480

8 SEC. 3241. LEVELS OF ASSISTANCE FOR TITLE II.

9 Section 204(a) of the Agricultural Trade Development

10 and Assistance Act of 1954 (7 U.S.C. 1724(a)) is amend11 ed—

12 (1) in paragraph (1)(E), by striking ‘‘for fiscal

13 year 1995’’ and inserting ‘‘for each of the fiscal years

14 1995 through 1997’’; and

15 (2) in paragraph (2)(E), by striking ‘‘for fiscal

16 year 1995’’ and inserting ‘‘for each of the fiscal years

17 1995 through 1997’’.

18 SEC. 3242. AUTHORIZATION OF APPROPRIATIONS FOR

19 TITLE III.

20 No funds are authorized to be appropriated for either

21 of the fiscal years 1996 and 1997 for the provision of agri22 cultural commodities under title III of the Agricultural

23 Trade Development and Assistance Act of 1954 (7 U.S.C.

24 1727 et seq.).
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1 CHAPTER 5—HOUSING GUARANTEE

2 PROGRAM

3 SEC. 3251. AUTHORIZATION OF APPROPRIATIONS FOR AD4 MINISTRATIVE EXPENSES.

5 (a) IN GENERAL.—(1) Subject to paragraph (2), there

6 are authorized to be appropriated $7,000,000 for fiscal year

7 1996 and $6,000,000 for fiscal year 1997 for administrative

8 expenses to carry out guaranteed loan programs under sec9 tions 221 and 222 of the Foreign Assistance Act of 1961

10 (22 U.S.C. 2181 and 2182).

11 (2) Amounts authorized to be appropriated under

12 paragraph (1) may be made available only for—

13 (A) administrative expenses incurred with re14 spect to guaranties issued before the date of the enact15 ment of this Act; or

16 (B) expenses incurred with respect to activities

17 related to the collection of amounts paid by the Unit18 ed States in the discharge of liabilities under guaran19 ties issued under section 222 of the Foreign Assistance

20 Act of 1961 (22 U.S.C. 2182).

21 (b) AVAILABILITY.—Amounts authorized to be appro22 priated under subsection (a) are authorized to remain

23 available until expended.
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1 SEC. 3252. ADDITIONAL REQUIREMENTS.

2 (a) EXPIRATION OF AUTHORITY.—Section 222(a) of

3 the Foreign Assistance Act of 1961 (22 U.S.C. 2182(a)) is

4 amended by striking the third sentence and inserting the

5 following: ‘‘No guaranties may be issued under this section

6 on or after the date of the enactment of the Foreign Aid

7 Reduction Act of 1995.’’.

8 (b) CANCELLATION OF CERTAIN EXISTING GUARAN9 TIES.—Section 222 of such Act (22 U.S.C. 2182) is amend10 ed—

11 (1) by redesignating subsection (k) as subsection

12 (d); and

13 (2) by adding at the end the following new sub14 section:

15 ‘‘(e) The President shall cancel all guaranties issued

16 under this section with respect to which eligible investors

17 have not (before the date of the enactment of the Foreign

18 Aid Reduction Act of 1995) applied such guaranties to

19 loans for projects under this title.’’.

20 (c) PROHIBITION ON ASSISTANCE FOR ENTITIES IN

21 DEFAULT AND CERTAIN OTHER ENTITIES.—Section 620 of

22 such Act (22 U.S.C. 2370) is amended by inserting after

23 subsection (u) the following new subsection:

24 ‘‘(v)(1) Subject to paragraph (2), no assistance shall

25 be furnished under this Act to any entity that—
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1 ‘‘(A) fails to make timely payments on loans

2 with respect to which guaranties have been issued

3 under title III of chapter 2 of part I of this Act (re4 lating to housing and other credit guaranty pro5 grams); or

6 ‘‘(B) causes amounts (including amounts for ad7 ministrative expenses) to be paid by the United States

8 in the discharge of liabilities under guaranties issued

9 under such title, unless such entity has reimbursed the

10 United States for such amounts.

11 ‘‘(2) The President may waive the prohibition in para12 graph (1) with respect to an entity if the President deter13 mines that it is in the national interest of the United States

14 to furnish assistance under this Act to such entity.’’.

15 CHAPTER 6—PEACE CORPS

16 SEC. 3261. PEACE CORPS.

17 Section 3(b) of the Peace Corps Act (22 U.S.C.

18 2502(b)) is amended to read as follows:

19 ‘‘(b)(1) There are authorized to be appropriated to

20 carry out the purposes of this Act $219,745,000 for each

21 of the fiscal years 1996 and 1997.

22 ‘‘(2) Amounts authorized to be appropriated under

23 paragraph (1)—
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1 ‘‘(A) with respect to fiscal year 1996 are author2 ized to remain available until September 30, 1997;

3 and

4 ‘‘(B) with respect to fiscal year 1997 are author5 ized to remain available until September 30, 1998.’’.

6 SEC. 3262. ACTIVITIES OF THE PEACE CORPS IN THE

7 FORMER SOVIET UNION.

8 (a) IN GENERAL.—Of the amounts made available for

9 fiscal years 1996 and 1997 to carry out chapter 11 of part

10 I of the Foreign Assistance Act of 1961 (22 U.S.C. 2295

11 et seq.; relating to assistance for the independent states of

12 the former Soviet Union), not more than $11,600,000 for

13 each such fiscal year shall be available for activities of the

14 Peace Corps in the independent states of the former Soviet

15 Union (as defined in section 3 of the Freedom for Russia

16 and Emerging Eurasian Democracies and Open Markets

17 Support Act of 1992).

18 (b) AVAILABILITY.—Amounts made available under

19 subsection (a)—

20 (1) with respect to fiscal year 1996 are author21 ized to remain available until September 30, 1997;

22 and

23 (2) with respect to fiscal year 1997 are author24 ized to remain available until September 30, 1998.
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1 SEC. 3263. PROHIBITION ON USE OF FUNDS FOR ABOR2 TIONS.

3 Section 15 of the Peace Corps Act (22 U.S.C. 2514)

4 is amended by adding at the end the following new sub5 section:

6 ‘‘(e) Funds made available for the purposes of this Act

7 may not be used to pay for abortions.’’.

8 CHAPTER 7—INTERNATIONAL DISASTER

9 ASSISTANCE

10 SEC. 3271. AUTHORITY TO PROVIDE RECONSTRUCTION AS11 SISTANCE.

12 Section 491 of the Foreign Assistance Act of 1961 (22

13 U.S.C. 2292) is amended—

14 (1) in subsection (b), by striking ‘‘and rehabili15 tation’’ and inserting ‘‘, rehabilitation, and recon16 struction’’; and

17 (2) in subsection (c), by striking ‘‘and rehabilita18 tion’’ and inserting ‘‘, rehabilitation, and reconstruc19 tion’’.

20 SEC. 3272. AUTHORIZATIONS OF APPROPRIATIONS.

21 Section 492(a) of such Act (22 U.S.C. 2292a(a)) is

22 amended to read as follows:

23 ‘‘(a) There are authorized to be appropriated to the

24 President to carry out section 491, in addition to funds oth25 erwise available for such purposes, $200,000,000 for each

26 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 respect

9 to assistance for a country shall not be construed to restrict

10 assistance under this chapter, chapter 10, or chapter 11 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 used

19 to furnish assistance for a program of a nongovernmental

20 organization, the President shall notify the congressional

21 committees specified in section 634A(a) of this Act in ac22 cordance with procedures applicable to reprogramming no23 tifications under that section. Such notification shall de24 scribe the program assisted, the assistance provided, and

25 the reasons for furnishing such assistance.’’.
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1 SEC. 3282. FUNDING REQUIREMENTS RELATING TO UNITED

2 STATES PRIVATE AND VOLUNTARY ORGANI3 ZATIONS.

4 (a) IN GENERAL.—Section 123(g) of the Foreign As5 sistance Act of 1961 (22 U.S.C. 2151u(g)) is amended to

6 read as follows:

7 ‘‘(g) Funds made available to carry out this chapter

8 or chapter 10 of this part may not be made available to

9 any United States private and voluntary organization, ex10 cept any cooperative development organization, that obtains

11 less than 20 percent of its total annual financial support

12 for its international activities from sources other than the

13 United States Government.’’.

14 (b) EFFECTIVE DATE.—The amendment made by sub15 section (a) applies with respect to funds made available for

16 programs of any United States private and voluntary orga17 nization on or after the date of the enactment of this Act.

18 SEC. 3283. DOCUMENTATION REQUESTED OF PRIVATE AND

19 VOLUNTARY ORGANIZATIONS.

20 Section 620 of the Foreign Assistance Act of 1961 (22

21 U.S.C. 2370), as amended by this Act, is further amended

22 by inserting after subsection (v) (as added by this Act) the

23 following new subsection:

24 ‘‘(w) None of the funds made available to carry out

25 this Act shall be available to any private and voluntary

26 organization which—
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1 ‘‘(1) fails to provide upon timely request any

2 document, file, or record necessary to the auditing re3 quirements of the agency primarily responsible for

4 administering part I of this Act; or

5 ‘‘(2) is not registered with the agency primarily

6 responsible for administering part I of this Act.’’.

7 SEC. 3284. FOREIGN GOVERNMENT PARKING FINES.

8 (a) IN GENERAL.—Chapter 1 of part III of the Foreign

9 Assistance Act of 1961 (22 U.S.C. 2351 et seq.), as amended

10 by this Act, is further amended by adding at the end the

11 following new section:

12 ‘‘SEC. 620I. FOREIGN GOVERNMENT PARKING FINES.

13 ‘‘(a) IN GENERAL.—An amount equivalent to 110 per14 cent of the total unpaid fully adjudicated parking fines and

15 penalties owed to the District of Columbia, Virginia, Mary16 land, and New York by the government of a foreign country

17 as of the end of a fiscal year, as certified to the President

18 by the chief executive officer of each State or District, shall

19 be withheld from obligation for such country out of funds

20 available in the next fiscal year to carry out part I of this

21 Act, until the requirement of subsection (b) is satisfied.

22 ‘‘(b) REQUIREMENT.—The requirement of this sub23 section is satisfied when the Secretary of State determines

24 and certifies to the appropriate congressional committees

25 that such fines and penalties are fully paid to the govern-
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1 ments of the District of Columbia, Virginia, Maryland, and

2 New York.

3 ‘‘(c) APPROPRIATE CONGRESSIONAL COMMITTEES DE4 FINED.—For purposes of this section, the term ‘appropriate

5 congressional committees’ means the Committee on Inter6 national Relations and the Committee on Appropriations

7 of the House of Representatives and the Committee on For8 eign Relations and the Committee on Appropriations of the

9 Senate.’’.

10 (b) EFFECTIVE DATE.—The amendment made by sub11 section (a) shall apply with respect to fines certified as of

12 the end of fiscal year 1995 or any fiscal year thereafter.

13 SEC. 3285. HUMAN RIGHTS REPORTS.

14 (a) SECTION 116 REPORT.—Section 116(d) of the For15 eign Assistance Act of 1961 (22 U.S.C. 2151n) is amend16 ed—

17 (1) in paragraph (2), by striking ‘‘and’’ at the

18 end;

19 (2) by redesignating paragraph (3) as para20 graph (5); and

21 (3) by inserting after paragraph (2) the follow22 ing new paragraphs:

23 ‘‘(3) the votes of each member of the United Na24 tions Commission on Human Rights on all country25 specific and thematic resolutions voted on at the Com-
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1 mission’s annual session during the period covered

2 during the preceding year;

3 ‘‘(4) the extent to which each country has ex4 tended protection to refugees, including the provision

5 of first asylum and resettlement; and’’.

6 (b) SECTION 502B REPORT.—Section 502B(b) of such

7 Act (22 U.S.C. 2304(b)) is amended by adding after the

8 second sentence the following new sentence: ‘‘Each report

9 under this section shall list the votes of each member of the

10 United Nations Commission on Human Rights on all coun11 try-specific and thematic resolutions voted on at the Com12 mission’s annual session during the period covered during

13 the preceding year.’’.

14 SEC. 3286. DEOBLIGATION OF CERTAIN UNEXPENDED ECO15 NOMIC ASSISTANCE FUNDS.

16 Chapter 3 of part III of the Foreign Assistance Act

17 of 1961 (22 U.S.C. 2401 et seq.) is amended by adding at

18 the end the following:

19 ‘‘SEC. 668. DEOBLIGATION OF CERTAIN UNEXPENDED ECO20 NOMIC ASSISTANCE FUNDS.

21 ‘‘(a) REQUIREMENT TO DEOBLIGATE.—

22 ‘‘(1) IN GENERAL.—Except as provided in sub23 section (b) of this section and in paragraphs (1) and

24 (3) of section 617(a) of this Act, at the beginning of

25 each fiscal year the President shall deobligate and re-
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1 turn to the Treasury, any funds described in para2 graph (2) that, as of the end of the preceding fiscal

3 year, have been obligated for a project or activity for

4 a period of more than 3 years but have not been ex5 pended.

6 ‘‘(2) FUNDS.—Paragraph (1) applies to funds

7 made available for—

8 ‘‘(A) assistance under chapter 1 of part I of

9 this Act (relating to development assistance),

10 chapter 10 of part I of this Act (relating to the

11 Development Fund for Africa), or chapter 4 of

12 part II of this Act (relating to the economic sup13 port fund);

14 ‘‘(B) assistance under the ‘Multilateral As15 sistance Initiative for the Philippines’;

16 ‘‘(C) assistance under the Support for East

17 European Democracy (SEED) Act of 1989; and

18 ‘‘(D) economic assistance for the independ19 ent states of the former Soviet Union under this

20 Act or under any other Act authorizing economic

21 assistance for such independent states.

22 ‘‘(b) EXCEPTIONS.—The President, on a case-by-case

23 basis, may waive the requirement of subsection (a)(1) if the

24 President determines, and reports to the appropriate con25 gressional committees, that—
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1 ‘‘(1) the funds are being used for a construction

2 project that requires more than 3 years to complete;

3 or

4 ‘‘(2) the funds have not been expended because of

5 unforeseen circumstances, and those circumstances

6 could not have been reasonably foreseen.

7 ‘‘(c) COMMENTS BY INSPECTOR GENERAL.—As soon as

8 possible after the submission of a report pursuant to sub9 section (b), the Inspector General of the agency primarily

10 responsible for administering part I of this Act shall submit

11 to the appropriate congressional committees such comments

12 as the Inspector General considers appropriate with regard

13 to the determination described in that report.

14 ‘‘(d) APPROPRIATE CONGRESSIONAL COMMITTEES.—

15 As used in this section, the term ‘appropriate congressional

16 committees’ means the Committee on International Rela17 tions and the Committee on Appropriations of the House

18 of Representatives and the Committee on Foreign Relations

19 and the Committee on Appropriations of the Senate.’’.
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1 TITLE XXXIII—REGIONAL

2 PROVISIONS

3 SEC. 3301. PROHIBITION ON ASSISTANCE TO FOREIGN GOV4 ERNMENTS PROVIDING ASSISTANCE TO

5 CUBA.

6 (a) IN GENERAL.—Section 620 of the Foreign Assist7 ance Act of 1961 (22 U.S.C. 2370), as amended by this Act,

8 is further amended by adding at the end the following new

9 subsection:

10 ‘‘(y)(1) No assistance may be provided under this Act

11 (other than humanitarian assistance and assistance for ref12 ugees) for a fiscal year to any foreign government that the

13 President determines has provided economic assistance to

14 or engaged in nonmarket-based trade with the Government

15 of Cuba or any entity controlled by such Government in

16 the preceding fiscal year.

17 ‘‘(2) The President may waive the requirements of

18 paragraph (1) if—

19 ‘‘(A) the President certifies to the congressional

20 committees specified in section 634A of this Act (in

21 accordance with procedures applicable to

22 reprogramming of funds under that section) that the

23 provision of such assistance is vital to the national se24 curity of the United States; or
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1 ‘‘(B) the President determines and reports to the

2 Congress that the Government of Cuba has met the re3 quirements contained in section 1708 of the Cuban

4 Democracy Act of 1992 (22 U.S.C. 6001 et seq.).

5 ‘‘(3) Not later than February 1st each year, the Presi6 dent shall prepare and transmit to the appropriate congres7 sional committees a report containing a list of all foreign

8 governments that the President has determined have pro9 vided economic assistance to or engaged in nonmarket-based

10 trade with the Government of Cuba in the preceding fiscal

11 year.

12 ‘‘(4) For purposes of this subsection—

13 ‘‘(A) the term ‘appropriate congressional com14 mittees’ means the Committee on International Rela15 tions and the Committee on Appropriations of the

16 House of Representatives and the Committee on For17 eign Relations and the Committee on Appropriations

18 of the Senate;

19 ‘‘(B) the term ‘humanitarian assistance’ means

20 food (including the monetization of food), clothing,

21 medicine, and medical supplies; and

22 ‘‘(C) the term ‘nonmarket-based trade’ includes

23 exports, imports, exchanges, or other trade arrange24 ments under which goods or services are provided on

25 terms more favorable than those generally available in
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1 applicable markets or for comparable commodities,

2 including—

3 ‘‘(i) exports to the Government of Cuba on

4 terms that involve a grant, concessional price,

5 guaranty, insurance, or subsidy;

6 ‘‘(ii) imports from the Government of Cuba

7 at preferential tariff rates; and

8 ‘‘(iii) exchange arrangements that include

9 advance delivery of commodities, arrangements

10 in which the Government of Cuba is not held ac11 countable for unfulfilled exchange contracts, and

12 arrangements under which such Government does

13 not pay appropriate transportation, insurance,

14 or finance costs.’’.

15 (b) EFFECTIVE DATE.—

16 (1) IN GENERAL.—Except as provided in para17 graph (2), the prohibition on assistance to a foreign

18 government contained in section 620(y) of the Foreign

19 Assistance Act of 1961, as added by subsection (a),

20 shall apply only with respect to assistance provided

21 in fiscal years beginning on or after the date of the

22 enactment of this Act.

23 (2) EXCEPTION.—In the case of the fiscal year in

24 which this Act is enacted, such prohibition shall

25 apply with respect to the obligation or expenditure of
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1 assistance on or after the date of the enactment of

2 this Act.

3 SEC. 3302. ASSISTANCE FOR NICARAGUA.

4 (a) RESTRICTIONS.—Amounts made available for fis5 cal years 1996 and 1997 for assistance under chapter 1 of

6 part I of the Foreign Assistance Act of 1961 (22 U.S.C.

7 2151 et seq.; relating to development assistance) or chapter

8 4 of part II of such Act (22 U.S.C. 2346 et seq.; relating

9 to the economic support fund), including any unobligated

10 balances of prior appropriations, may only be made avail11 able to the Government of Nicaragua if the Secretary of

12 State determines and certifies to the appropriate congres13 sional committees that—

14 (1) a full and independent investigation has been

15 completed of the weapons caches discovered after the

16 May 23, 1993, Santa Rosa arms cache explosion, in17 cluding an investigation of passports, identity papers,

18 and other documents found at weapons sites indicat19 ing the existence of a terrorist or kidnapping ring

20 and whether the terrorist network was involved in the

21 February 1993 World Trade Center bombing;

22 (2) prosecutions have been initiated against all

23 individuals, including government officials and mem24 bers of the armed forces or security forces of Nica-
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1 ragua, identified in the investigation described in

2 paragraph (1);

3 (3) Nicaragua has made substantial progress in

4 meeting the requirements set forth in section 527 of

5 the Foreign Relations Authorization Act, Fiscal Years

6 1994 and 1995 (relating to expropriation of United

7 States property);

8 (4) substantial progress has been made in the

9 timely implementation of all recommendations made

10 by the Tripartite Commission with respect to individ11 uals responsible for assassinations, including the im12 mediate suspension of all individuals from the Sandi13 nista Army and security forces who were named in

14 such recommendations, and the expeditious prosecu15 tion of such individuals;

16 (5) all individuals responsible for the murders of

17 Jean Paul Genie, Arges Sequeira, and Enrique

18 Bermudez have been removed from the military and

19 security forces of Nicaragua, and judicial proceedings

20 against these individuals have been initiated;

21 (6) specific changes have been implemented

22 which have resulted in verifiable civilian control over

23 the Sandinista military, security forces, and police;

24 and
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1 (7) genuine, effective, and concrete reforms in the

2 Nicaraguan judicial system have been initiated.

3 (b) CONTENTS OF CERTIFICATION.—

4 (1) IN GENERAL.—A certification made pursuant

5 to subsection (a) shall include a detailed accounting

6 of all evidence in support of the determinations listed

7 in paragraphs (1) through (7) of such subsection.

8 (2) FORM.—A certification made pursuant to

9 subsection (a) shall be submitted in unclassified form,

10 and, to the extent necessary, classified form.

11 (c) EXCEPTION TO RESTRICTIONS.—The restrictions

12 on the availability of funds in subsection (a) shall not apply

13 to support for—

14 (1) programs facilitating the resolution of

15 United States citizen property claims;

16 (2) the International Commission for Support

17 and Verification of the Organization of American

18 States for human rights monitoring, related assist19 ance programs or election observation;

20 (3) independent human rights groups in Nica21 ragua;

22 (4) programs intended to ensure free and fair

23 elections in Nicaragua;
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1 (5) democracy-building programs administered

2 through the National Endowment for Democracy and

3 related nongovernmental groups; or

4 (6) programs to promote civilian control of the

5 military.

6 (d) APPROPRIATE CONGRESSIONAL COMMITTEES DE7 FINED.—For purposes of this section, the term ‘‘appropriate

8 congressional committees’’ means the Committee on Inter9 national Relations and the Committee on Appropriations

10 of the House of Representatives and the Committee on For11 eign Relations and the Committee on Appropriations of the

12 Senate.

13 SEC. 3303. SENSE OF THE CONGRESS REGARDING RELA14 TIONS WITH BURMA.

15 It is the sense of the Congress that—

16 (1) official United States trade delegations to

17 Burma should be indefinitely suspended;

18 (2) visits to Burma by senior officials of the

19 United States Government should be minimized until

20 Aung San Suu Kyi is released from house arrest;

21 (3) the Secretary of Labor should submit to the

22 Congress a report on labor practices in Burma so that

23 Members of Congress can better inform constituents,

24 including stockholders and business leaders of the
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1 United States companies which transact commerce

2 with Burma, on labor conditions in that country;

3 (4) the Secretary of State should submit to the

4 Congress a report on resource exploitation and envi5 ronmental degradation in Burma;

6 (5) no assistance should be used for cooperative

7 counternarcotics efforts between the United States and

8 members of the State Law and Order Restoration

9 Committee (SLORC) regime;

10 (6) the United States should discourage the Asso11 ciation of Southeast Asian Nations (ASEAN) from

12 including the SLORC regime in ASEAN activities;

13 (7) the Secretary of State should submit to the

14 Congress a report which outlines a strategy for en15 couraging democratic transition in Burma; and

16 (8) the United States should encourage its allies

17 to restrict the relations of such allies with Burma in

18 accordance with this section.

19 SEC. 3304. DEBT RESTRUCTURING FOR EGYPT.

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

21 findings:

22 (1) The Government of Egypt owes the United

23 States Government over $6,000,000,000 from prior

24 economic assistance credit programs.
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1 (2) Current annual debt service payments by

2 Egypt to the United States are approximately

3 $270,000,000, will climb in the near future to

4 $350,000,000, and will continue until the year 2021.

5 (3) Egypt’s debt service to the United States re6 sults in reduced investment capital and slower eco7 nomic growth in Egypt.

8 (4) Restructuring Egypt’s debt burden, and buy9 ing down Egypt’s debt, could substantially reduce

10 over time Egypt’s requirement for economic assist11 ance.

12 (5) Addressing Egypt’s debt burden is in the mu13 tual interest of Egypt and the United States.

14 (b) REPORT.—(1) Not later than January 31, 1996,

15 the Secretary of State and the Secretary of the Treasury

16 shall develop and submit to the appropriate congressional

17 committee options to restructure Egypt’s debt, and buy

18 down, over a period of time through the use of funds author19 ized to be appropriated under chapter 4 of part II of the

20 Foreign Assistance Act of 1961 (22 U.S.C. 2346 et seq.; re21 lating to the economic support fund), all outstanding debt

22 owed by the Government of Egypt to the United States Gov23 ernment, including debt owed under development assist24 ance, agriculture, Export-Import Bank, and Commodity

25 Credit Corporation credit programs.
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1 (2) The Secretary of State and the Secretary of the

2 Treasury shall develop the options required by paragraph

3 (1) in such a way as to enable the United States to reduce

4 assistance to Egypt in the future under chapter 4 of part

5 II of the Foreign Assistance Act of 1961 (22 U.S.C. 2346

6 et seq.; relating to the economic support fund). In the devel7 opment of such options, the Secretaries shall consult with

8 the Secretary of Commerce for the purpose of determining

9 the impact of the options required under paragraph (1) on

10 the level of United States exports to Egypt.

11 (3) 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 Appropriations

16 of the Senate.

17 SEC. 3305. PROHIBITION ON ASSISTANCE TO FOREIGN GOV18 ERNMENTS PROVIDING ASSISTANCE TO IRAN.

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

20 findings:

21 (1) Iran is engaged in an intensive effort to de22 velop nuclear weapons and some nations have indi23 cated that they are prepared to cooperate with Iran

24 in the nuclear field.
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1 (2) The possession of nuclear weapons by Iran

2 would represent a serious threat to the peace and se3 curity of the entire Middle East region and an ex4 tremely serious challenge to United States interests in

5 that region.

6 (3) The United States places the highest priority

7 on denying to Iran the capability to produce nuclear

8 weapons and systems for the delivery of nuclear

9 weapons and other weapons of mass destruction.

10 (4) The sale or transfer to Iran by any other

11 government or with the permission of any other gov12 ernment of technology that may be critical for Iran

13 to develop or deploy nuclear weapons is a serious

14 threat to United States interests.

15 (b) ADMISSION TO NATO.—It is the sense of the Con16 gress that the United States should vigorously oppose the

17 accession to the North Atlantic Treaty and the admission

18 to the North Atlantic Treaty Organization of any country

19 which sells or licenses for sale any nuclear or dual-use tech20 nology or any military weapons, equipment, ammunition

21 or munitions of any kind, including any item included on

22 any lists covered by the Missile Technology Control Regime,

23 to Iran or to any country which the Secretary of State has

24 determined repeatedly provides support for acts of inter-
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1 national terrorism pursuant to section 6(j) of the Export

2 Administration Act of 1979.

3 (c) PROHIBITION ON UNITED STATES ASSISTANCE.—

4 No assistance authorized to be appropriated by this Act or

5 any other Act may be provided by any agency of the United

6 States Government to the government of any country which

7 sells or licenses for sale any nuclear or dual-use technology

8 or any military weapons, equipment, ammunition or mu9 nitions of any kind, including any item included on any

10 lists covered by the Missile Technology Control Regime, to

11 Iran or to any other country which the Secretary of State

12 has determined repeatedly provides support for acts of

13 international terrorism pursuant to section 6(j) of the Ex14 port Administration Act of 1979.

15 (d) EXCEPTIONS.—The prohibition in subsection (c)

16 shall not apply to—

17 (1) assistance provided to Russia, Belarus,

18 Ukraine, or Kazakhstan under the authorities of the

19 Soviet Nuclear Threat Reduction Act of 1991 (title II

20 of Public Law 102–228; 105 Stat. 1691); and

21 (2) assistance provided under chapter 11 of part

22 I of the Foreign Assistance Act of 1961 (22 U.S.C.

23 2295 et seq.; relating to assistance for the independent

24 states of the former Soviet Union) for the purposes

25 of—
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1 (A) humanitarian, disaster, or refugee re2 lief; or

3 (B) assisting democratic political reform

4 and rule of law activities, and assisting in the

5 creation of private sector and nongovernmental

6 organizations that are independent of govern7 ment ownership and control.

8 SEC. 3306. ASSISTANCE FOR PAKISTAN.

9 Section 620E(e) of the Foreign Assistance Act of 1961

10 (22 U.S.C. 2375(e)) is amended—

11 (1) by striking ‘‘No assistance shall’’ and insert12 ing ‘‘(1) Except as provided in paragraph (2), no as13 sistance shall’’; and

14 (2) by adding at the end the following new para15 graph:

16 ‘‘(2)(A) Assistance in support of nongovernmental or17 ganizations or microenterprises under chapter 1 of part I

18 of this Act (relating to development assistance) and assist19 ance under the provisions of law described in subparagraph

20 (B) may be made available for Pakistan.

21 ‘‘(B) The provisions of law described in this subpara22 graph are the following:

23 ‘‘(i) Title IV of chapter 2 of part I of this Act

24 (relating to the Overseas Private Investment Corpora25 tion).
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1 ‘‘(ii) Chapter 8 of part I of this Act (relating to

2 international narcotics control).

3 ‘‘(iii) Chapter 5 of part II of this Act (relating

4 to international military education and training).

5 ‘‘(iv) Chapter 8 of part II of this Act (relating

6 to antiterrorism assistance).

7 ‘‘(v) Any provision of law under which assist8 ance is available to carry out the following activities:

9 ‘‘(I) Aviation safety.

10 ‘‘(II) Immigration and customs procedures.

11 ‘‘(III) Peacekeeping.

12 ‘‘(IV) Promotion of trade and investment

13 interests of the United States.

14 ‘‘(C) Assistance described in subparagraph (B)(iii)

15 may be made available for Pakistan under this paragraph

16 for fiscal year 1997 and each subsequent fiscal year only

17 if the President certifies to the Congress for such fiscal year

18 that the Government of Pakistan is fully cooperating with

19 United States counter-narcotics assistance programs and

20 policies.’’.

21 SEC. 3307. RETURN OF MILITARY EQUIPMENT OF PAKISTAN.

22 It is the sense of the Congress that—

23 (1) the inability of the President since October 1,

24 1990, to make the necessary certification under sec25 tion 620E(e) of the Foreign Assistance Act of 1961
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1 (relating to the nuclear activities of Pakistan) has

2 prevented the delivery of military aircraft for which

3 Pakistan made nonrefundable cash payments to con4 tractors and unnecessarily complicated the achieve5 ment of United States foreign policy and non6 proliferation objectives in South Asia;

7 (2) in the absence of a Presidential certification

8 for Pakistan under section 620E(e) of such Act, the

9 United States should make a determined effort to find

10 a third party buyer for the such military aircraft and

11 should reimburse Pakistan with any proceeds derived

12 from a sale to such third party, up to the amount

13 paid by Pakistan for such military aircraft; and

14 (3) with respect to other military equipment im15 ported into the United States from Pakistan prior to

16 May 1, 1991, for repair or modification by the De17 partment of Defense, the return of such military

18 equipment, including spare parts thereof, or equiva19 lent equipment or spare parts originally owned by

20 another country, does not constitute a transfer of

21 military equipment under the terms of section

22 620E(e) of such Act, provided such military equip23 ment or spare parts are returned in an unrepaired

24 state or without modifications for which they were

25 originally imported into the United States.
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1 SEC. 3308. ELIGIBILITY OF PANAMA UNDER ARMS EXPORT

2 CONTROL ACT.

3 The Government of the Republic of Panama shall be

4 eligible to purchase defense articles and defense services

5 under the Arms Export Control Act (22 U.S.C. 2751 et

6 seq.), except as otherwise specifically provided by law.

7 SEC. 3309. FUTURE OF THE UNITED STATES MILITARY

8 PRESENCE IN PANAMA.

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

10 findings:

11 (1) The Panama Canal is a vital strategic asset

12 to the United States, its allies, and the world.

13 (2) The Treaty on the Permanent Neutrality and

14 Operation of the Panama Canal signed on September

15 7, 1977, provides that Panama and the United States

16 have the responsibility to assure that the Panama

17 Canal will remain open and secure.

18 (3) Such Treaty also provides that each of the

19 two countries shall, in accordance with their respec20 tive constitutional processes, defend the Canal against

21 any threat to the regime of neutrality, and con22 sequently shall have the right to act against any ag23 gression or threat directed against the Canal or

24 against the peaceful transit of vessels through the

25 Canal.
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1 (4) The United States instrument of ratification

2 of such Treaty includes specific language that the two

3 countries should consider negotiating future arrange4 ments or agreements to maintain military forces nec5 essary to fulfill the responsibility of the two countries

6 of maintaining the neutrality of the Canal after 1999.

7 (5) The Government of Panama, in the bilateral

8 Protocol of Exchange of instruments of ratification,

9 expressly ‘‘agreed upon’’ such arrangements or agree10 ments.

11 (6) The United States Navy depends upon the

12 Panama Canal for rapid transit in times of emer13 gency, as demonstrated during World War II, the Ko14 rean War, the Vietnam conflict, the Cuban Missile

15 Crisis, and the Persian Gulf conflict.

16 (7) Drug trafficking and money laundering have

17 proliferated in the Western Hemisphere since the

18 Treaty on the Permanent Neutrality and Operation

19 of the Panama Canal was signed on September 7,

20 1977, and such trafficking and laundering poses a

21 grave threat to peace and security in the region.

22 (8) Certain facilities now utilized by the United

23 States Armed Forces in Panama are critical to com24 bat the trade in illegal drugs.
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1 (9) The United States and Panama share com2 mon policy goals such as strengthening democracy,

3 expanding economic trade, and combating illegal nar4 cotics throughout Latin America.

5 (10) The Government of Panama has dissolved

6 its military forces and has maintained only a civil7 ian police organization to defend the Panama Canal

8 against aggression.

9 (11) Certain public opinion polls in Panama

10 suggest that many Panamanians desire a continued

11 United States military presence in Panama.

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

13 Congress that—

14 (1) the President should negotiate a new base

15 rights agreement with the Government of Panama—

16 (A) to allow the stationing of United States

17 Armed Forces in Panama beyond December 31,

18 1999; and

19 (B) to ensure that the United States will be

20 able to act appropriately, consistent with the

21 Panama Canal Treaty, the Treaty Concerning

22 the Permanent Neutrality and Operation of the

23 Panama Canal, and the resolutions of ratifica24 tion thereto, for the purpose of assuring that the
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1 Panama Canal shall remain open, neutral, se2 cure, and accessible; and

3 (2) the President should consult with the Con4 gress throughout the negotiations described in para5 graph (1).

6 SEC. 3310. PEACE AND STABILITY IN THE SOUTH CHINA

7 SEA.

8 (a) FINDINGS.—The Congress finds the following:

9 (1) The South China Sea is a critically impor10 tant waterway through which 25 percent of the

11 world’s ocean freight and 70 percent of Japan’s en12 ergy supplies transit.

13 (2) The South China Sea serves as a crucial sea

14 lane for United States Navy ships moving between the

15 Pacific and Indian Oceans, particularly in time of

16 emergency.

17 (3) There are a number of competing claims to

18 territory in the South China Sea.

19 (4) The 1992 Manila Declaration adhered to by

20 the Association of South East Asian Nations, the So21 cialist Republic of Vietnam, and the People’s Republic

22 of China calls for all claimants to territory in the

23 South China Sea to resolve questions of boundaries

24 through peaceful negotiations.
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1 (5) The legislature of the People’s Republic of

2 China has declared the entire South China Sea to be

3 Chinese territorial waters.

4 (6) The armed forces of the People’s Republic of

5 China have asserted China’s claim to the South China

6 Sea through the kidnapping of citizens of the Repub7 lic of the Philippines and the construction of military

8 bases on territory claimed by the Philippines.

9 (7) These acts of aggression committed by the

10 armed forces of the People’s Republic of China

11 against citizens of the Philippines are contrary to

12 both international law and to peace and stability in

13 East Asia.

14 (b) POLICY DECLARATIONS.—The Congress—

15 (1) declares the right of free passage through the

16 South China Sea to be vital to the national security

17 interests of the United States, its friends, and allies;

18 (2) declares that any attempt by a

19 nondemocratic power to assert, through the use of

20 force or intimidation, its claims to territory in the

21 South China Sea to be a matter of grave concern to

22 the United States;

23 (3) calls upon the Government of the People’s Re24 public of China to adhere faithfully to its commit25 ment under the Manila Declaration of 1992; and
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1 (4) calls upon the President to review the defense

2 needs of democratic countries with claims to territory

3 in the South China Sea.

4 SEC. 3311. SENSE OF THE CONGRESS REGARDING NARCOT5 ICS CONTROL EFFORTS OF COLOMBIA.

6 It is the sense of the Congress that—

7 (1) relations between the United States and Co8 lombia are at a critical stage, particularly following

9 the President’s March 1, 1995, decision to grant the

10 Government of Colombia a national interest waiver

11 in the 1994 narcotics certification determination;

12 (2) the Government of Colombia has undertaken

13 efforts toward the elimination of drug trafficking or14 ganizations, especially the powerful ‘‘kingpins’’ based

15 in Cali;

16 (3) important advances need to be taken to dis17 mantle the operations of criminal enterprises in Co18 lombia which seek to corrupt government institutions;

19 (4) the Government of Colombia should be en20 couraged to complete specific, attainable objectives in

21 its overall narcotics control strategy, including—

22 (A) the arrest and prosecution of the ac23 knowledged leaders of the Cali drug organization;
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1 (B) the imposition of tougher sentencing of

2 drug traffickers to ensure that such traffickers

3 serve sentences commensurate with their crimes;

4 (C) the expeditious passage of legislation to

5 criminalize money laundering;

6 (D) the aggressive eradication of illicit

7 crops, including coca opium, and marijuana;

8 (E) the elimination of the industrial infra9 structure of the narcotics trade, including lab10 oratories, precursor chemicals, and aircraft;

11 (F) the destruction of the internal narcotics

12 distribution export system, including the use of

13 airports, rivers, and ports for such system;

14 (G) the elimination of the island of San An15 dres as a illegal narcotics transshipment point;

16 and

17 (H) the end of the current policy of the Gov18 ernment of Colombia under which key drug traf19 fickers are given lenient sentences in return for

20 their surrender;

21 (5) the Secretary of State should make the issue

22 of illicit narcotics the highest foreign policy priority

23 of the United States with respect to relations with key

24 illicit drug transit and producing nations, such as

25 Colombia; and
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1 (6) the Secretary of State should request our Eu2 ropean allies to join the United States in sending a

3 clear message to Colombia on the importance of at4 taining these counternarcotics goals and objectives in

5 the shortest possible time so that reductions in United

6 States foreign assistance will not be necessary in the

7 future.

8 SEC. 3312. NOTIFICATION OF ARMS SALES TO SAUDI

9 ARABIA.

10 (a) NOTIFICATION.—Until the certification under sub11 section (b) is submitted to the Congress, section 36(b)(1) of

12 the Arms Export Control Act shall be applied to sales of

13 Saudi Arabia by substituting in the first sentence ‘‘0’’ for

14 $50,000,000, ‘‘0’’ for $200,000,000, and ‘‘0’’ for

15 $14,000,000.

16 (b) CERTIFICATION.—Subsection (a) shall cease to

17 apply if and when the Secretary of State certifies and re18 ports in writing to the Congress that the unpaid claims of

19 American firms against the Government of Saudi Arabia

20 that are described in the June 30, 1993, report by the Sec21 retary of Defense pursuant to section 9140(c) of the Depart22 ment of Defense Appropriations Act, 1993 (Public Law

23 102–396; 106 Stat. 1939), including the additional claims

24 noticed by the Department of Commerce on page 2 of that

25 report, have been resolved satisfactorily.
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1 SEC. 3313. ASSISTANCE FOR ZAIRE.

2 (a) SECURITY ASSISTANCE.—Assistance may not be

3 transferred to the Government of Zaire for each of the fiscal

4 years 1996 and 1997—

5 (1) under chapter 4 of part II of the Foreign As6 sistance Act of 1961 (22 U.S.C. 2346 et seq.; relating

7 to the economic support fund);

8 (2) under chapter 5 of part II of that Act (22

9 U.S.C. 2347 et seq.; relating to international military

10 education and training); or

11 (3) from the ‘‘Foreign Military Financing Pro12 gram’’ account under section 23 of the Arms Export

13 Control Act (22 U.S.C. 2763).

14 (b) DEVELOPMENT ASSISTANCE.—Assistance under

15 chapter 1 of part I of the Foreign Assistance Act of 1961

16 (22 U.S.C. 2151 et seq.; relating to development assistance)

17 or chapter 10 of such part (22 U.S.C. 2293 et seq.; relating

18 to the Development Fund for Africa) for each of the fiscal

19 years 1996 and 1997 shall not be transferred to the Govern20 ment of Zaire.
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1 TITLE XXXIV—SPECIAL AU2 THORITIES AND OTHER PRO3 VISIONS

4 CHAPTER 1—SPECIAL AUTHORITIES

5 SEC. 3401. ENHANCED TRANSFER AUTHORITY.

6 Section 610 of the Foreign Assistance Act of 1961 (22

7 U.S.C. 2360) is amended to read as follows:

8 ‘‘SEC. 610. TRANSFER BETWEEN ACCOUNTS.

9 ‘‘(a) GENERAL AUTHORITY.—Whenever the President

10 determines it to be necessary for the purposes of this Act

11 or the Arms Export Control Act (22 U.S.C. 2751 et seq.),

12 not to exceed 20 percent of the funds made available to

13 carry out any provision of this Act (except funds made

14 available pursuant to title IV of chapter 2 of part I) or

15 section 23 of the Arms Export Control Act (22 U.S.C.

16 2763)—

17 ‘‘(1) may be transferred to, and consolidated

18 with, the funds in any other account or fund avail19 able to carry out any provision of this Act; and

20 ‘‘(2) may be used for any purpose for which

21 funds in that account or fund may be used.

22 ‘‘(b) LIMITATION ON AMOUNT OF INCREASE.—The

23 total amount in the account or fund for the benefit of which

24 transfer is made under subsection (a) during any fiscal
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1 year may not be increased by more than 20 percent of the

2 amount of funds otherwise made available.

3 ‘‘(c) NOTIFICATION.—The President shall notify in

4 writing the congressional committees specified in section

5 634A at least fifteen days in advance of each such transfer

6 between accounts in accordance with procedures applicable

7 to reprogramming notifications under such section.’’.

8 SEC. 3402. AUTHORITY TO MEET UNANTICIPATED CONTIN9 GENCIES.

10 (a) IN GENERAL.—Chapter 1 of part III of the Foreign

11 Assistance Act of 1961 is amended by inserting after section

12 610 (22 U.S.C. 2360) the following new section:

13 ‘‘SEC. 610A. AUTHORITY TO MEET UNANTICIPATED CONTIN14 GENCIES.

15 ‘‘(a) AUTHORITY.—

16 ‘‘(1) IN GENERAL.—In order to provide for any

17 unanticipated contingency in the programs, projects,

18 or activities for which assistance is provided under

19 this Act, the President is authorized to use funds

20 made available to carry out any provision of this Act

21 (other than chapter 1 or chapter 10 of part I of this

22 Act) for the purpose of providing assistance author23 ized by any other provision of this Act in accordance

24 with the provisions applicable to the furnishing of

25 such assistance.
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1 ‘‘(2) LIMITATION.—The authority of paragraph

2 (1) may not be used to authorize the use of more than

3 $40,000,000 in any fiscal year.

4 ‘‘(b) SUPERSEDES OTHER LAWS.—Funds made avail5 able under the authority of this section may be used not6 withstanding any other provision of law.

7 ‘‘(c) NOTIFICATION OF CONGRESS.—

8 ‘‘(1) NOTIFICATION.—Except as provided in

9 paragraph (2), the President shall notify the congres10 sional committees specified in section 634A(a) at least

11 15 days before obligating any funds under this section

12 in accordance with the procedures applicable to

13 reprogramming notifications under section 634A(a).

14 ‘‘(2) EXCEPTION.—The President may waive the

15 requirement contained in paragraph (1) if the Presi16 dent determines that complying with such require17 ment would pose a substantial risk to human health

18 or welfare. If the President exercises the waiver under

19 the preceding sentence, the President shall notify the

20 congressional committees specified in section 634A(a)

21 as early as practicable, but in no event later than 3

22 days after the date on which the President took the

23 action to which such notification requirement was ap24 plicable.’’.
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1 (b) REPEAL.—Chapter 5 of part I of the Foreign As2 sistance Act of 1961 (22 U.S.C. 2261; relating to contin3 gencies) is hereby repealed.

4 SEC. 3403. SPECIAL WAIVER AUTHORITY.

5 Section 614 of the Foreign Assistance Act of 1961 (22

6 U.S.C. 2364) is amended to read as follows:

7 ‘‘SEC. 614. SPECIAL WAIVER AUTHORITY.

8 ‘‘(a) AUTHORITY.—The President may provide assist9 ance and make loans under the provisions of law described

10 in subsection (b), notwithstanding any other provision of

11 law, if the President determines that to do so is vital to

12 the national interests of the United States.

13 ‘‘(b) LAWS WHICH MAY BE WAIVED.—The provisions

14 of law described in this subsection are—

15 ‘‘(1) this Act;

16 ‘‘(2) the Arms Export Control Act (22 U.S.C.

17 2751 et seq.);

18 ‘‘(3) any provision of law authorizing the provi19 sion of assistance to foreign countries or making ap20 propriations for such assistance; and

21 ‘‘(4) any other provision of law that restricts the

22 authority to provide assistance or make loans under

23 a provision of law described in paragraph (1), (2), or

24 (3).
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1 ‘‘(c) CONSULTATION WITH CONGRESS.—Before exercis2 ing the authority under subsection (a), the President shall

3 consult with, and shall provide a written policy justifica4 tion to the Committee on International Relations and the

5 Committee on Appropriations of the House of Representa6 tives and the Committee on Foreign Relations and the Com7 mittee on Appropriations of the Senate.

8 ‘‘(d) NOTIFICATION TO CONGRESS.—A determination

9 under subsection (a) shall be effective only if the President

10 notifies the congressional committees specified in subsection

11 (c) in writing of that determination.

12 ‘‘(e) ANNUAL CEILINGS.—

13 ‘‘(1) IN GENERAL.—The authority of this section

14 may not be used in any fiscal year to authorize—

15 ‘‘(A) more than $750,000,000 in sales or

16 leases to be made under the Arms Export Control

17 Act (22 U.S.C. 2751 et seq.);

18 ‘‘(B) the use of more than $250,000,000 of

19 funds made available under this Act or the Arms

20 Export Control Act; or

21 ‘‘(C) the use of more than $100,000,000 of

22 foreign currencies accruing under this Act or

23 any other provision of law.

24 ‘‘(2) SALES UNDER THE ARMS EXPORT CONTROL

25 ACT.—If the authority of this section is used both to
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1 authorize a sale or lease under the Arms Export Con2 trol Act and to authorize funds to be used under this

3 Act with respect to the financing of that sale or lease,

4 then the use of the funds shall be counted against the

5 limitation in paragraph (1)(B) and the portion, if

6 any, of the sale or lease which is not so financed shall

7 be counted against the limitation in paragraph

8 (1)(A).

9 ‘‘(3) LEASES.—For purposes of paragraph

10 (1)(A) the replacement cost, less any depreciation in

11 the value, of the defense articles authorized to be

12 leased shall be counted against the limitation in that

13 paragraph.

14 ‘‘(4) COUNTRY LIMITS.—(A) Not more than

15 $75,000,000 of the $250,000,000 limitation provided

16 in paragraph (1)(B) may be allocated to any one

17 country in any fiscal year unless that country is a

18 victim of active aggression.

19 ‘‘(B) Not more than $500,000,000 of the aggre20 gate limitation of $1,000,000,000 provided in para21 graph (1)(A) and (1)(B) may be allocated to any one

22 country in any fiscal year.’’.

23 SEC. 3404. TERMINATION OF ASSISTANCE.

24 Section 617 of the Foreign Assistance Act of 1961 (22

25 U.S.C. 2367) is amended to read as follows:
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1 ‘‘SEC. 617. TERMINATION OF ASSISTANCE.

2 ‘‘(a) IN GENERAL.—(1) In order to ensure the effective3 ness of assistance provided under this Act, funds made

4 available under this Act to carry out any program, project,

5 or activity of assistance shall remain available for obliga6 tion for a period not to exceed 8 months after the date of

7 termination of such assistance for the necessary expenses

8 of winding up such programs, projects, or activities and,

9 notwithstanding any other provision of law, funds so obli10 gated may remain available until expended.

11 ‘‘(2) Funds obligated to carry out any program,

12 project, or activity of assistance before the effective date of

13 the termination of such assistance are authorized to be

14 available for expenditure for the necessary expenses of wind15 ing up such programs, projects, and activities, notwith16 standing any provision of law restricting the expenditure

17 of funds, and may be reobligated to meet any other nec18 essary expenses arising from the termination of such assist19 ance.

20 ‘‘(3) The necessary expenses of winding up programs,

21 projects, and activities of assistance include the obligation

22 and expenditure of funds to complete the training or studies

23 outside their countries of origin of students whose course

24 of study or training program began before assistance was

25 terminated.
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1 ‘‘(b) LIABILITY TO CONTRACTORS.—For the purpose of

2 making an equitable settlement of termination claims under

3 extraordinary contractual relief standards, the President is

4 authorized to adopt as a contract or other obligation of the

5 United States Government, and assume (in whole or in

6 part) any liabilities arising thereunder, any contract with

7 a United States or third-country contractor to carry out

8 any program, project, or activity of assistance under this

9 Act that was subsequently terminated pursuant to law.

10 ‘‘(c) GUARANTEE PROGRAMS.—Provisions of this or

11 any other Act requiring the termination of assistance under

12 this Act shall not be construed to require the termination

13 of guarantee commitments that were entered into before the

14 effective date of the termination of assistance.’’.

15 CHAPTER 2—OTHER PROVISIONS

16 SEC. 3411. CONGRESSIONAL PRESENTATION DOCUMENTS.

17 Section 634 of the Foreign Assistance Act of 1961 (22

18 U.S.C. 2394) is amended to read as follows:

19 ‘‘SEC. 634. CONGRESSIONAL PRESENTATION DOCUMENTS.

20 ‘‘(a) REQUIREMENT FOR SUBMISSION.—As part of the

21 annual requests for enactment of authorizations and appro22 priations for foreign assistance programs for each fiscal

23 year, the President shall prepare and transmit to the Con24 gress annual congressional presentation documents for the
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1 programs authorized under this Act and the Arms Export

2 Control Act (22 U.S.C. 2751 et seq.).

3 ‘‘(b) MATERIALS TO BE INCLUDED.—The documents

4 submitted pursuant to subsection (a) shall include—

5 ‘‘(1) the rationale for the allocation of assistance

6 or contributions to each country, regional, or cen7 trally funded program, or organization, as the case

8 may be;

9 ‘‘(2) a description of how each such program or

10 contribution supports the objectives of this Act or the

11 Arms Export Control Act, as the case may be;

12 ‘‘(3) a description of planned country, regional,

13 or centrally funded programs or contributions to

14 international organizations and programs for the

15 coming fiscal year; and

16 ‘‘(4) for each country for which assistance is re17 quested under this Act or the Arms Export Control

18 Act—

19 ‘‘(A) the total number of years since 1946

20 that the United States has provided assistance;

21 ‘‘(B) the total amount of bilateral assistance

22 provided by the United States since 1946, in23 cluding the principal amount of all loans, cred24 its, and guarantees; and
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1 ‘‘(C) the total amount of assistance provided

2 to such country from all multilateral organiza3 tions to which the United States is a member,

4 including all international financial institu5 tions, the United Nations, and other inter6 national organizations.

7 ‘‘(c) GRADUATION FROM DEVELOPMENT ASSIST8 ANCE.—

9 ‘‘(1) DETERMINATION.—As part of the congres10 sional presentation documents transmitted to the Con11 gress under this section, the Secretary of State shall

12 make a separate determination for each country iden13 tified in such documents for which bilateral develop14 ment assistance is requested, estimating the year in

15 which each such country will no longer be receiving

16 bilateral development assistance.

17 ‘‘(2) DEVELOPMENT ASSISTANCE DEFINED.—For

18 purposes of this section, the term ‘development assist19 ance’ means assistance under—

20 ‘‘(A) chapter 1 of part I of this Act;

21 ‘‘(B) chapter 10 of part I of this Act;

22 ‘‘(C) chapter 11 of part I of this Act; and

23 ‘‘(D) the Support for East European De24 mocracy (SEED) Act of 1989 (22 U.S.C. 5401 et

25 seq.).’’.
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1 SEC. 3412. PROHIBITION ON ASSISTANCE TO FOREIGN GOV2 ERNMENTS ENGAGED IN ESPIONAGE

3 AGAINST THE UNITED STATES.

4 Chapter 1 of part III of the Foreign Assistance Act

5 of 1961 (22 U.S.C. 2370 et seq.), as amended by this Act,

6 is further amended by adding at the end the following new

7 section:

8 ‘‘SEC. 620J. PROHIBITION ON ASSISTANCE TO FOREIGN

9 GOVERNMENTS ENGAGED IN ESPIONAGE

10 AGAINST THE UNITED STATES.

11 ‘‘(a) PROHIBITION.—None of the funds made available

12 to carry out this Act or the Arms Export Control Act (22

13 U.S.C. 2751 et seq.) (other than humanitarian assistance

14 or assistance for refugees) may be provided to any foreign

15 government which the President determines is engaged in

16 intelligence activities within the United States harmful to

17 the national security of the United States.

18 ‘‘(b) PERIODIC REPORTS.—Beginning one year after

19 the date of enactment of this section, and annually there20 after, the President shall prepare and transmit to the Com21 mittee on Foreign Relations and the Select Committee on

22 Intelligence of the Senate and the Committee on Inter23 national Relations and the Permanent Select Committee on

24 Intelligence of the House of Representatives a report, in

25 classified and unclassified forms, listing all foreign govern26 ments which the President determines are conducting intel-
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1 ligence activities within the United States harmful to the

2 national security of the United States.

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

4 ‘humanitarian assistance’ means food (including the mone5 tization of food), clothing, medicine, and medical supplies.’’.

6 SEC. 3413. DEBT RESTRUCTURING FOR FOREIGN ASSIST7 ANCE.

8 Chapter 1 of part III of the Foreign Assistance Act

9 of 1961 (22 U.S.C. 2370 et seq.), as amended by this Act,

10 is further amended by adding at the end the following new

11 section:

12 ‘‘SEC. 620K. SPECIAL DEBT RELIEF FOR POOR COUNTRIES.

13 ‘‘(a) AUTHORITY TO REDUCE DEBT.—The President

14 may reduce amounts owed to the United States Government

15 by a country described in subsection (b) as a result of—

16 ‘‘(1) loans or guarantees issued under this Act;

17 or

18 ‘‘(2) credits extended or guarantees issued under

19 the Arms Export Control Act (22 U.S.C. 2751 et seq.).

20 ‘‘(b) COUNTRY DESCRIBED.—A country described in

21 this subsection is a country—

22 ‘‘(1) with a heavy debt burden that is eligible to

23 borrow from the International Development Associa24 tion but not from the International Bank for Recon-
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1 struction and Development (commonly referred to as

2 an ‘IDA-only’ country); and

3 ‘‘(2) the government of which—

4 ‘‘(A) does not have an excessive level of

5 military expenditures;

6 ‘‘(B) has not repeatedly provided support

7 for acts of international terrorism; and

8 ‘‘(C) is cooperating with the United States

9 on international narcotics control matters;

10 ‘‘(3) (including the military or other security

11 forces of such government) does not engage in a con12 sistent pattern of gross violations of internationally

13 recognized human rights; and

14 ‘‘(4) is not prohibited from receiving assistance

15 described in section 527(a) of the Foreign Relations

16 Authorization Act, Fiscal Years 1994 and 1995 by

17 reason of such section.

18 ‘‘(c) LIMITATIONS.—The authority under subsection

19 (a) may be exercised—

20 ‘‘(1) only to implement multilateral official debt

21 relief ad referendum agreements (commonly referred

22 to as ‘Paris Club Agreed Minutes’); and

23 ‘‘(2) only to the extent that appropriations for

24 the cost of the modification, as defined in section 502
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1 of the Congressional Budget Act of 1974, are made in

2 advance.

3 ‘‘(d) CERTAIN PROHIBITIONS INAPPLICABLE.—A re4 duction of debt pursuant to the exercise of authority under

5 subsection (a)—

6 ‘‘(1) shall not be considered assistance for pur7 poses of any provision of law limiting assistance to

8 a country; and

9 ‘‘(2) may be exercised notwithstanding section

10 620(r) of this Act or any comparable provision of

11 law.

12 ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—

13 ‘‘(1) IN GENERAL.—There are authorized to be

14 appropriated to the President for the purpose of car15 rying out this section $7,000,000 for each of the fiscal

16 years 1996 and 1997.

17 ‘‘(2) AVAILABILITY.—Amounts authorized to be

18 appropriated under paragraph (1) are authorized to

19 remain available until expended.’’.

20 SEC. 3414. DEBT BUYBACKS OR SALES FOR DEBT SWAPS.

21 Part IV of the Foreign Assistance Act of 1961 (22

22 U.S.C. 2430 et seq.) is amended by adding at the end the

23 following new section:
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1 ‘‘SEC. 711. AUTHORITY TO ENGAGE IN DEBT BUYBACKS OR

2 SALES.

3 ‘‘(a) LOANS ELIGIBLE FOR SALE, REDUCTION, OR

4 CANCELLATION.—

5 ‘‘(1) AUTHORITY TO SELL, REDUCE, OR CANCEL

6 CERTAIN LOANS.—Notwithstanding any other provi7 sion of law, the President may, in accordance with

8 this section, sell to any eligible purchaser any

9 concessional loan or portion thereof made before Jan10 uary 1, 1995, to the government of any eligible coun11 try pursuant to this Act, or on receipt of payment

12 from an eligible purchaser, reduce or cancel such loan

13 or portion thereof, only for the purpose of facilitat14 ing—

15 ‘‘(A) debt-for-equity swaps, debt-for-develop16 ment swaps, or debt-for-nature swaps; or

17 ‘‘(B) a debt buyback by an eligible country

18 of its own qualified debt, only if the eligible

19 country uses an additional amount of the local

20 currency of the eligible country, equal to not less

21 than 40 percent of the price paid for such debt

22 by such eligible country, or the difference between

23 the price paid for such debt and the face value

24 of such debt, to support activities that link con25 servation and sustainable use of natural re26 sources with local community development, and
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1 child survival and other child development, in a

2 manner consistent with sections 707 through

3 710, if the sale, reduction, or cancellation would

4 not contravene any term or condition of any

5 prior agreement relating to such loan.

6 ‘‘(2) TERMS AND CONDITIONS.—Notwithstanding

7 any other provision of law, the President shall, in ac8 cordance with this section, establish the terms and

9 conditions under which loans may be sold, reduced, or

10 canceled pursuant to this section.

11 ‘‘(3) ADMINISTRATION.—The Facility shall no12 tify the administrator of the agency primarily re13 sponsible for administering part I of this Act of pur14 chasers that the President has determined to be eligi15 ble, and shall direct such agency to carry out the sale,

16 reduction, or cancellation of a loan pursuant to this

17 section. Such agency shall make an adjustment in its

18 accounts to reflect the sale, reduction, or cancellation.

19 ‘‘(4) LIMITATION.—The authorities of this sub20 section shall be available only to the extent that ap21 propriations for the cost of the modification, as de22 fined in section 502 of the Congressional Budget Act

23 of 1974, are made in advance.

24 ‘‘(b) DEPOSIT OF PROCEEDS.—The proceeds from the

25 sale, reduction, or cancellation of any loan sold, reduced,
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1 or canceled pursuant to this section shall be deposited in

2 an account or accounts established in the Treasury for the

3 repayment of such loan.

4 ‘‘(c) ELIGIBLE PURCHASERS.—A loan may be sold

5 pursuant to subsection (a)(1)(A) only to a purchaser who

6 presents plans satisfactory to the President for using the

7 loan for the purpose of engaging in debt-for-equity swaps,

8 debt-for-development swaps, or debt-for-nature swaps.

9 ‘‘(d) DEBTOR CONSULTATIONS.—Before the sale to any

10 eligible purchaser, or any reduction or cancellation pursu11 ant to this section, of any loan made to an eligible country,

12 the President shall consult with the country concerning the

13 amount of loans to be sold, reduced, or canceled and their

14 uses for debt-for-equity swaps, debt-for-development swaps,

15 or debt-for-nature swaps.

16 ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—

17 ‘‘(1) IN GENERAL.—For the sale, reduction, and

18 cancellation of loans or portions thereof pursuant to

19 this section, there are authorized to be appropriated

20 to the President $3,000,000 for each of the fiscal years

21 1996 and 1997.

22 ‘‘(2) AVAILABILITY.—Amounts authorized to be

23 appropriated under paragraph (1) are authorized to

24 remain available until expended.’’.
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1 SEC. 3415. IMPACT ON JOBS IN THE UNITED STATES.

2 Section 636 of the Foreign Assistance Act of 1961 (22

3 U.S.C. 2396) is amended by adding at the end the following

4 new subsection:

5 ‘‘(j)(1) Funds made available to carry out the provi6 sions of this Act may not be made available to provide—

7 ‘‘(A) any financial incentive to a business enter8 prise located in the United States for the purpose of

9 inducing that enterprise to relocate outside the United

10 States if such incentive or inducement is likely to re11 duce the number of individuals employed in the

12 United States by that enterprise because that enter13 prise would replace production in the United States

14 with production outside the United States;

15 ‘‘(B) assistance for the purpose of establishing or

16 developing in a foreign country any export processing

17 zone or designated area in which the tax, tariff, labor,

18 environment, and safety laws of that country do not

19 apply, in part or in whole, to activities carried out

20 within that zone or area, unless the President deter21 mines and certifies that such assistance is not likely

22 to cause a loss of jobs within the United States; or

23 ‘‘(C) subject to paragraph (2), assistance for any

24 project or activity that contributes to the violation of

25 internationally recognized workers rights (as defined

26 in section 502(a)(4) of the Trade Act of 1974) of
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1 workers in the foreign country, including in any des2 ignated zone or area in that country.

3 ‘‘(2) Paragraph (1)(C) shall not apply with respect to

4 the provision of assistance for the informal sector,

5 microenterprises and small-scale enterprises, and small6 holder agriculture of the foreign country.’’.

7 SEC. 3416. PROHIBITION ON ASSISTANCE TO FOREIGN GOV8 ERNMENTS THAT EXPORT LETHAL MILITARY

9 EQUIPMENT TO COUNTRIES SUPPORTING

10 INTERNATIONAL TERRORISM.

11 (a) IN GENERAL.—Section 620 of the Foreign Assist12 ance Act of 1961 (22 U.S.C. 2370), as amended by this Act,

13 is further amended by adding at the end the following new

14 subsection:

15 ‘‘(z)(1) No assistance may be provided under this Act

16 or the Arms Export Control Act to any foreign government

17 that provides lethal military equipment to a country, the

18 government of which the Secretary of State has determined

19 pursuant to section 40(d) of the Arms Export Control Act

20 is a government that has repeatedly provided support for

21 acts of international terrorism.

22 ‘‘(2) The prohibition under paragraph (1) with respect

23 to a foreign government shall terminate 12 months after

24 the date on which that government ceases to provide such

25 lethal military equipment.
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1 ‘‘(3) The President may waive the requirements of

2 paragraph (1) if the President determines that the provision

3 of such assistance is important to the national security in4 terests of the United States.

5 ‘‘(4) Whenever the waiver of paragraph (3) is exer6 cised, the President shall prepare and transmit to the ap7 propriate congressional committees a report with respect to

8 the furnishing of such assistance. Such report shall include

9 a detailed explanation of the assistance to be provided, in10 cluding the estimated dollar amount of such assistance, and

11 an explanation of how the assistance furthers the national

12 interests of the United States.

13 ‘‘(5) For purposes of this subsection, the term ‘appro14 priate congressional committees’ means the Committee on

15 International Relations and the Committee on Appropria16 tions of the House of Representatives and the Committee

17 on Foreign Relations and the Committee on Appropriations

18 of the Senate.’’.

19 (b) EFFECTIVE DATE.—Section 620(z) of the Foreign

20 Assistance Act of 1961, as added by subsection (a), applies

21 with respect to lethal military equipment provided pursu22 ant to a contract entered into on or after the date of enact23 ment of this Act.
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1 SEC. 3417. PROHIBITION ON ASSISTANCE TO COUNTRIES

2 THAT CONSISTENTLY OPPOSE THE UNITED

3 STATES POSITION IN THE UNITED NATIONS

4 GENERAL ASSEMBLY.

5 (a) PROHIBITION.—United States assistance may not

6 be provided to a country that consistently opposed the

7 United States position in the United Nations General As8 sembly during the most recent session of the General Assem9 bly.

10 (b) CHANGE IN GOVERNMENT.—If—

11 (1) the Secretary of State determines that, since

12 the beginning of the most recent session of the General

13 Assembly, there has been a fundamental change in the

14 leadership and policies of the government of a country

15 to which the prohibition in subsection (a) applies,

16 and

17 (2) the Secretary believes that because of that

18 change the government of that country will no longer

19 consistently oppose the United States position in the

20 General Assembly,

21 the Secretary may exempt that country from that prohibi22 tion. Any such exemption shall be effective only until sub23 mission of the next report under section 406 of the Foreign

24 Relations Authorization Act, Fiscal Years 1990 and 1991.

25 The Secretary shall submit to the Congress a certification

26 of each exemption made under this subsection. Such certifi-
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1 cation shall be accompanied by a discussion of the basis

2 for the Secretary’s determination and belief with respect to

3 such exemption.

4 (c) WAIVER AUTHORITY.—The Secretary of State may

5 waive the requirement of subsection (a) if the Secretary de6 termines and reports to the Congress that despite the United

7 Nations voting pattern of a particular country, the provi8 sion of United States assistance to that country is necessary

9 to promote United States foreign policy objectives.

10 (d) DEFINITIONS.—As used in this section—

11 (1) the term ‘‘consistently opposed the United

12 States position’’ means that the country’s votes in the

13 United Nations General Assembly coincided with the

14 United States position less than 25 percent of the

15 time, using for this purpose the overall percentage-of16 voting coincidences set forth in the annual report sub17 mitted to the Congress pursuant to section 406 of the

18 Foreign Relations Authorization Act, Fiscal Years

19 1990 and 1991;

20 (2) the term ‘‘most recent session of the General

21 Assembly’’ means the most recently completed plenary

22 session of the General Assembly for which overall per23 centage-of-voting coincidences is set forth in the most

24 recent report submitted to the Congress pursuant to
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1 section 406 of the Foreign Relations Authorization

2 Act, Fiscal Years 1990 and 1991; and

3 (3) the term ‘‘United States assistance’’ means

4 assistance under—

5 (A) chapter 4 of part II of the Foreign As6 sistance Act of 1961 (relating to the economic

7 support fund),

8 (B) chapter 5 of part II of that Act (relat9 ing to international military education and

10 training), or

11 (C) the ‘‘Foreign Military Financing Pro12 gram’’ account under section 23 of the Arms Ex13 port Control Act,

14 except that such term does not include assistance

15 under chapter 8 of part I of the Foreign Assistance

16 Act of 1961 (relating to international narcotics con17 trol) or assistance under chapter 8 of part II of such

18 Act (relating to antiterrorism assistance).

19 (e) EFFECTIVE DATE.—This section takes effect upon

20 the date of the submission to the Congress of the report pur21 suant to section 406 of the Foreign Relations Authorization

22 Act, Fiscal Years 1990 and 1991, that is required to be sub23 mitted by March 31, 1996.
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1 SEC. 3418. LIMITATION ON ASSISTANCE TO COUNTRIES

2 THAT RESTRICT THE TRANSPORT OR DELIV3 ERY OF UNITED STATES HUMANITARIAN AS4 SISTANCE.

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

6 findings:

7 (1) The United States Federal budget deficit and

8 spending constraints require the maximum efficiency

9 in the usage of United States foreign assistance.

10 (2) The delivery of humanitarian assistance to

11 people in need is consistent with the fundamental val12 ues of our Nation and is an important component of

13 United States foreign policy.

14 (3) As a matter of principle and in furtherance

15 of fiscal prudence, the United States should seek to

16 promote the delivery of humanitarian assistance to

17 people in need in a manner that is both timely and

18 cost effective.

19 (4) Recipients of United States assistance should

20 not hinder or delay the transport or delivery of Unit21 ed States humanitarian assistance to other countries.

22 (b) PROHIBITION ON ASSISTANCE.—Section 620 of the

23 Foreign Assistance Act of 1961 (22 U.S.C. 2370), as amend24 ed by this Act, is further amended by adding at the end

25 the following new subsection:
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1 ‘‘(aa)(1) Notwithstanding any other provision of law,

2 United States assistance may not be made available for any

3 country whose government prohibits or otherwise restricts,

4 directly or indirectly, the transport or delivery of United

5 States humanitarian assistance.

6 ‘‘(2) The prohibition on United States assistance con7 tained in paragraph (1) shall not apply if the President

8 determines and notifies the Congress in writing that provid9 ing such assistance to a country is in the national security

10 interest of the United States.

11 ‘‘(3) A suspension or termination of United States as12 sistance for any country under paragraph (1) shall cease

13 to be effective when the President certifies in writing to the

14 Speaker of the House of Representatives and the Committee

15 on Foreign Relations of the Senate that such country is no

16 longer prohibiting or otherwise restricting, either directly

17 or indirectly, the transport or delivery of United States hu18 manitarian assistance.

19 ‘‘(4)(A) At the time of the annual budget submission

20 to Congress, the President shall submit a report to the Con21 gress describing any information available to the President

22 concerning prohibitions or restrictions, direct or indirect,

23 on the transport or delivery of United States humanitarian

24 assistance by the government of any country receiving or
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1 eligible to receive United States foreign assistance during

2 the current or preceding fiscal year.

3 ‘‘(B) The President shall include in the report required

4 by subparagraph (A) a statement as to whether the prohibi5 tion in paragraph (1) is being applied to each country for

6 which the President has information available to him con7 cerning prohibitions or restrictions, direct or indirect, on

8 the transport or delivery of United States humanitarian as9 sistance.

10 ‘‘(5) As used in this subsection, the term ‘United States

11 assistance’ has the same meaning given that term in section

12 481(e)(4) of this Act.’’.

13 SEC. 3419. PROHIBITION ON ASSISTANCE TO FOREIGN GOV14 ERNMENTS, PRIVATE AND VOLUNTARY ORGA15 NIZATIONS, AND OTHER ENTITIES THAT IN16 HIBIT UNITED STATES-SUPPORTED

17 DEMINING OPERATIONS AND ACTIVITIES.

18 (a) PROHIBITION.—None of the funds authorized to be

19 appropriated by this Act may be made available to any

20 foreign government, private and voluntary organization, or

21 any other entity which the Secretary of State determines

22 inhibits United States-supported demining operations and

23 activities through the imposition of discriminatory customs

24 duties, tariffs, or any other barrier to the entry of equip-
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1 ment or personnel designated for use or participation in

2 such operations and activities.

3 (b) EXCEPTION.—(1) The prohibition contained in

4 subsection (a) shall not apply with respect to a foreign gov5 ernment, private and voluntary organization, or any other

6 entity if the President determines and reports to the con7 gressional committees specified in section 634A of the For8 eign Assistance Act of 1961 (in accordance with procedures

9 applicable to reprogramming notifications under that sec10 tion) that the provision of assistance to such government,

11 organization, or other entity, as the case may be, is impor12 tant to the national interest of the United States.

13 (2) Any determination under paragraph (1) shall in14 clude a detailed justification of how the provision of assist15 ance furthers United States national interests.

16 CHAPTER 3—REPEALS

17 SEC. 3421. REPEAL OF OBSOLETE PROVISIONS.

18 (a) 1988 FOREIGN OPERATIONS APPROPRIATIONS

19 ACT.—Section 537(h)(2) of the Foreign Operations, Export

20 Financing, and Related Programs Appropriations Act,

21 1988, as included in Public Law 100–202, is hereby re22 pealed.

23 (b) 1987 FOREIGN ASSISTANCE APPROPRIATIONS

24 ACT.—Section 539(g)(2) of the Foreign Assistance and Re-
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1 lated Programs Appropriations Act, 1987, as included in

2 Public Law 99–591, is hereby repealed.

3 (c) 1986 ASSISTANCE ACT.—The Special Foreign As4 sistance Act of 1986 is hereby repealed except for section

5 1 and section 204.

6 (d) 1985 ASSISTANCE ACT.—The International Secu7 rity and Development Cooperation Act of 1985 is hereby

8 repealed except for section 1, section 131, section 132, sec9 tion 504, section 505, part B of title V (other than section

10 558 and section 559), section 1302, section 1303, and sec11 tion 1304.

12 (e) 1985 JORDAN SUPPLEMENTAL ACT.—The Jordan

13 Supplemental Economic Assistance Authorization Act of

14 1985 is hereby repealed.

15 (f) 1985 AFRICAN FAMINE ACT.—The African Famine

16 Relief and Recovery Act of 1985 is hereby repealed.

17 (g) 1983 ASSISTANCE ACT.—The International Secu18 rity and Development Assistance Authorization Act of 1983

19 is hereby repealed.

20 (h) 1983 LEBANON ASSISTANCE ACT.—The Lebanon

21 Emergency Assistance Act of 1983 is hereby repealed.

22 (i) 1981 ASSISTANCE ACT.—The International Secu23 rity and Development Cooperation Act of 1981 is hereby

24 repealed except for section 1, section 709, and section 714.
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1 (j) 1980 ASSISTANCE ACT.—The International Secu2 rity and Development Cooperation Act of 1980 is hereby

3 repealed except for section 1, section 110, section 316, and

4 title V.

5 (k) 1979 DEVELOPMENT ASSISTANCE ACT.—The Inter6 national Development Cooperation Act of 1979 is hereby re7 pealed.

8 (l) 1979 SECURITY ASSISTANCE ACT.—The Inter9 national Security Assistance Act of 1979 is hereby repealed.

10 (m) 1979 SPECIAL SECURITY ASSISTANCE ACT.—The

11 Special International Security Assistance Act of 1979 is

12 hereby repealed.

13 (n) 1978 DEVELOPMENT ASSISTANCE ACT.—The

14 International Development and Food Assistance Act of 1978

15 is hereby repealed, except for section 1, title IV, and section

16 603(a)(2).

17 (o) 1978 SECURITY ASSISTANCE ACT.—The Inter18 national Security Assistance Act of 1978 is hereby repealed.

19 (p) 1977 DEVELOPMENT ASSISTANCE ACT.—The

20 International Development and Food Assistance Act of 1977

21 is hereby repealed except for section 1, section 132(b), and

22 section 133.

23 (q) 1977 SECURITY ASSISTANCE ACT.—The Inter24 national Security Assistance Act of 1977 is hereby repealed.
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1 (r) 1976 SECURITY ASSISTANCE ACT.—The Inter2 national Security Assistance and Arms Export Control Act

3 of 1976 is hereby repealed except for section 1, section

4 201(b), section 212(b), section 601, and section 608.

5 (s) 1975 DEVELOPMENT ASSISTANCE ACT.—The Inter6 national Development and Food Assistance Act of 1975 is

7 hereby repealed.

8 (t) 1975 BIB ACT.—Public Law 94–104 is hereby re9 pealed.

10 (u) 1974 ASSISTANCE ACT.—The Foreign Assistance

11 Act of 1974 is hereby repealed.

12 (v) 1973 EMERGENCY ASSISTANCE ACT.—The Emer13 gency Security Assistance Act of 1973 is hereby repealed.

14 (w) 1973 ASSISTANCE ACT.—The Foreign Assistance

15 Act of 1973 is hereby repealed.

16 (x) 1971 ASSISTANCE ACT.—The Foreign Assistance

17 Act of 1971 is hereby repealed.

18 (y) 1971 SPECIAL ASSISTANCE ACT.—The Special

19 Foreign Assistance Act of 1971 is hereby repealed.

20 (z) 1969 ASSISTANCE ACT.—The Foreign Assistance

21 Act of 1969 is hereby repealed except for the first section

22 and part IV.

23 (aa) 1968 ASSISTANCE ACT.—The Foreign Assistance

24 Act of 1968 is hereby repealed.
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1 (bb) 1964 ASSISTANCE ACT.—The Foreign Assistance

2 Act of 1964 is hereby repealed.

3 (cc) LATIN AMERICAN DEVELOPMENT ACT.—The

4 Latin American Development Act is hereby repealed.

5 (dd) 1959 MUTUAL SECURITY ACT.—The Mutual Se6 curity Act of 1959 is hereby repealed.

7 (ee) 1954 MUTUAL SECURITY ACT.—Sections 402 and

8 417 of the Mutual Security Act of 1954 are hereby repealed.

9 (ff) DEPARTMENT OF STATE AUTHORIZATION ACT,

10 FISCAL YEARS 1982 and 1983.—Section 109 of the Depart11 ment of State Authorization Act, Fiscal Years 1982 and

12 1983, is hereby repealed.

13 (gg) DEPARTMENT OF STATE AUTHORIZATION ACT,

14 FISCAL YEARS 1984 AND 1985.—Sections 1004 and

15 1005(a) of the Department of State Authorization Act, Fis16 cal Years 1984 and 1985, are hereby repealed.

17 (hh) SAVINGS PROVISION.—Except as otherwise pro18 vided in this Act, the repeal by this Act of any provision

19 of law that amended or repealed another provision of law

20 does not affect in any way that amendment or repeal.

21 TITLE XXXV—EFFECTIVE DATE

22 SEC. 3501. EFFECTIVE DATE.

23 Except as otherwise provided in this Act, this division,

24 and the amendments made by this division, shall take effect
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1 on the date of the enactment of this Act or October 1, 1995,

2 whichever occurs later.

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