I

104TH CONGRESS

1ST SESSION H. R. 1562

To consolidate the foreign affairs agencies of the United States in order

to achieve greater efficiency and economy in the post-Cold War era.

IN THE HOUSE OF REPRESENTATIVES

MAY 3, 1995

Mr. GILMAN introduced the following bill; which was referred to the

Committee on International Relations

A BILL

To consolidate the foreign affairs agencies of the United

States in order to achieve greater efficiency and economy

in the post-Cold War era.

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

3 DIVISION A—CONSOLIDATION

4 OF FOREIGN AFFAIRS AGENCIES

5 TITLE I—GENERAL PROVISIONS

6 SEC. 101. SHORT TITLE.

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

8 Agencies Consolidation Act of 1995’’.
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1 SEC. 102. TABLE OF CONTENTS.

DIVISION A—CONSOLIDATION OF FOREIGN AFFAIRS

AGENCIES

TITLE I—GENERAL PROVISIONS

Sec. 101. Short title.

Sec. 102. Table of contents.

Sec. 103. Congressional findings.

Sec. 104. Purposes.

Sec. 105. Definitions.

TITLE II—UNITED STATES ARMS CONTROL AND DISARMAMENT

AGENCY

CHAPTER 1—GENERAL PROVISIONS

Sec. 201. Effective date.

Sec. 202. References in title.

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

STATE

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

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

CHAPTER 3—REORGANIZATION OF DEPARTMENT OF STATE RELATING TO

FUNCTIONS TRANSFERRED UNDER THIS TITLE

Sec. 221. Reorganization plan.

Sec. 222. Principal officers.

CHAPTER 4—CONFORMING AMENDMENTS

Sec. 241. References.

Sec. 242. Repeal of establishment of agency.

Sec. 243. Repeal of positions and offices.

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

Disarmament Act to the Secretary of State.

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

TITLE III—UNITED STATES INFORMATION AGENCY

CHAPTER 1—GENERAL PROVISIONS

Sec. 301. Effective date.

CHAPTER 2—ABOLITION OF UNITED STATES INFORMATION AGENCY AND

TRANSFER OF FUNCTIONS TO SECRETARY OF STATE

Sec. 311. Abolition of United States Information Agency.

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

CHAPTER 3—REORGANIZATION OF DEPARTMENT OF STATE RELATING TO

FUNCTIONS TRANSFERRED UNDER THIS TITLE

Sec. 321. Reorganization plan.
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Sec. 322. Principal officers.

CHAPTER 4—CONFORMING AMENDMENTS

Sec. 341. References.

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

General of the Department of State.

Sec. 343. Amendments to title 5.

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

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

of 1961 (Fulbright-Hays Act).

Sec. 346. International broadcasting activities.

Sec. 347. Television broadcasting to Cuba.

Sec. 348. Radio broadcasting to Cuba.

Sec. 349. National Endowment for Democracy.

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

Sec. 351. Fascell Fellowship Board.

Sec. 352. National Security Education Board.

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

South.

Sec. 354. East-West Center.

Sec. 355. Mission of the Department of State.

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
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Sec. 421. Reorganization plan.

Sec. 422. Principal officers.

Sec. 423. International Development Foundation.

CHAPTER 4—CONFORMING AMENDMENTS

Sec. 441. References.

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

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

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

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

Sec. 445. Public Law 480 program.

TITLE V—TRANSITION

Sec. 501. Reorganization authority.

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

Sec. 503. Incidental transfers.

Sec. 504. Effect on personnel.

Sec. 505. Voluntary separation incentives.

Sec. 506. Savings provisions.

Sec. 507. Property and facilities.

Sec. 508. Authority of Secretary to facilitate transition.

Sec. 509. Recommendations for additional conforming amendments.

Sec. 510. Final report.

Sec. 511. Severability.

1 SEC. 103. CONGRESSIONAL FINDINGS.

2 The Congress makes the following findings:

3 (1) With the end of the Cold War, the inter4 national challenges facing the United States have

5 changed, but the fundamental national interests of

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

7 and humanitarian interests of the United States re8 quire continued American engagement in inter9 national affairs. The leading role of the United

10 States in world affairs will be as important in the

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

2 that the foreign as well as the domestic programs

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

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

8 (3) In order to downsize the foreign programs

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

11 leadership will be required. As the official principally

12 responsible for the conduct of foreign policy, the

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

15 affairs budget. As a first step in the downsizing

16 process, the proliferation of foreign affairs agencies

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

19 restored to the Secretary of State.

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

22 the Secretary of State can more effectively promote

23 the international interests of the United States in

24 the next century than the existing structure.
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1 SEC. 104. PURPOSES.

2 The purposes of this division are—

3 (1) to consolidate and reinvent foreign affairs

4 agencies of the United States within the Department

5 of State;

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

8 resources, eliminate redundancy in functions, effect

9 budget savings, and improve the management of the

10 State Department;

11 (3) to strengthen—

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

14 (B) the leading role of the Secretary of

15 State in the formulation and articulation of

16 United States foreign policy; and

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

18 the United States Arms Control and Disarmament

19 Agency, the United States Information Agency, the

20 International Development Cooperation Agency, and

21 the Agency for International Development.

22 SEC. 105. DEFINITIONS.

23 The following terms have the following meaning for

24 the purposes of this division:

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

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

2 States Arms Control and Disarmament Agency.

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

6 Committee of Foreign Relations of the Senate.

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

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

11 title 5, United States Code.

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

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

17 entity, or component thereof.

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

19 of State.

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

21 Information Agency.
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1 TITLE II—UNITED STATES ARMS

2 CONTROL AND DISAR3 MAMENT AGENCY

4 CHAPTER 1—GENERAL PROVISIONS

5 SEC. 201. EFFECTIVE DATE.

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

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

8 take effect—

9 (1) March 1, 1997; or

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

11 determine to be appropriate and announce by notice

12 published in the Federal Register, which date may

13 be not earlier than 60 calendar days (excluding any

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

16 President has submitted a reorganization plan to the

17 appropriate congressional committees pursuant to

18 section 221.

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

20 effect on the date of enactment of this Act.

21 SEC. 202. REFERENCES IN TITLE.

22 Except as specifically provided in this title, whenever

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

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

2 the Arms Control and Disarmament Act.

3 CHAPTER 2—ABOLITION OF UNITED

4 STATES ARMS CONTROL AND DISAR5 MAMENT AGENCY AND TRANSFER OF

6 FUNCTIONS TO SECRETARY OF STATE

7 SEC. 211. ABOLITION OF UNITED STATES ARMS CONTROL

8 AND DISARMAMENT AGENCY.

9 The United States Arms Control and Disarmament

10 Agency is abolished.

11 SEC. 212. TRANSFER OF FUNCTIONS TO SECRETARY OF

12 STATE.

13 There are transferred to the Secretary of State all

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

16 United States Arms Control and Disarmament Agency

17 and any officer or component of such agency under any

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

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

3 FUNCTIONS TRANSFERRED UNDER

4 THIS TITLE

5 SEC. 221. REORGANIZATION PLAN.

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

7 1996, the President, in consultation with the Secretary

8 and the Director of the Arms Control and Disarmament

9 Agency, shall transmit to the appropriate congressional

10 committees a reorganization plan providing for—

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

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

14 the functions and personnel of the Arms Control and

15 Disarmament Agency consistent with the provisions

16 of this title; and

17 (3) the consolidation, reorganization, and

18 streamlining of the Department upon the transfer of

19 functions under this title in order to carry out such

20 functions.

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

22 (a) shall—

23 (1) identify the functions of the Arms Control

24 and Disarmament Agency that will be transferred to

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

2 Agency (including civil service personnel, Foreign

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

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

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

8 (3) identify the personnel and positions of the

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

11 transferred within the Department, separated from

12 service with the Department, or eliminated under

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

14 separations, and terminations;

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

19 Department under the plan;

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

23 of functions of the Agency to the Department;

24 (6) specify the proposed allocations within the

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

2 plan; and

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

5 and liabilities of the Agency in connection with the

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

8 (c) ASSISTANT SECRETARY POSITIONS.—The plan

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

12 SEC. 222. PRINCIPAL OFFICERS.

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

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

16 State Department Basic Authorities Act of 1956 (22

17 U.S.C. 2651a(b) is amended—

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

19 following:

20 ‘‘(1) IN GENERAL.—There’’; and

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

22 ‘‘(2) UNDER SECRETARY FOR INTERNATIONAL

23 SECURITY AND ARMS CONTROL.—There shall be in

24 the Department of State an Under Secretary for

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

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

6 (2) TRANSITION PROVISION.—The President

7 may appoint the individual serving as Director of the

8 Arms Control and Disarmament Agency on the day

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

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

14 of the title as the President considers appropriate, to

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

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

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

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

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

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

2 DISARMAMENT.—

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

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

7 shall be appointed by the President, by and

8 with the advice and consent of the Senate. The

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

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

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

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

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

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

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

20 of the Executive Schedule under section 5314

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

23 the annual rate of pay which the individual last

24 received under the Foreign Service Schedule,

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

2 (1) ESTABLISHMENT OF ASSISTANT SECRETARY

3 FOR ARMS CONTROL AND DISARMAMENT.—Section

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

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

6 after paragraph (2) the following:

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

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

10 State an Assistant Secretary for Arms Control

11 and Disarmament who shall be responsible for

12 arms control and disarmament matters and who

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

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

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

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

21 be compensated in accordance with subsection

22 (e)(4)(C).

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

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

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

4 shall report to the Under Secretary for International

5 Security and Arms Control.’’.

6 (2) TRANSITION PROVISION.—The President

7 may appoint the individual serving as Director of the

8 Arms Control and Disarmament Agency on the day

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

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

14 of this title as the President considers appropriate,

15 to serve as the acting Assistant Secretary for Arms

16 Control and Disarmament and to serve as the acting

17 Assistant Secretary for Nonproliferation and Export

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

20 Department Basic Authorities Act of 1956, as

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

2 SEC. 241. REFERENCES.

3 Any reference in any statute, reorganization plan,

4 Executive order, regulation, agreement, determination, or

5 other official document or proceeding to—

6 (1) the Director of the United States Arms

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

9 and Disarmament Agency shall be deemed to refer

10 to the Secretary of State; and

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

14 SEC. 242. REPEAL OF ESTABLISHMENT OF AGENCY.

15 Section 21 of the Arms Control and Disarmament

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

17 agency) is repealed.

18 SEC. 243. REPEAL OF POSITIONS AND OFFICES.

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

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

22 Director).

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

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

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

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

6 ACDA Inspector General).

7 SEC. 244. TRANSFER OF AUTHORITIES AND FUNCTIONS

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

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

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

13 and inserting ‘‘Department’’; and

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

15 and inserting ‘‘Secretary’’.

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

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

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

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

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

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

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

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

5 (e) PRESIDENTIAL SPECIAL REPRESENTATIVES.—

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

7 acting through the Director’’.

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

9 (22 U.S.C. 2568) is amended—

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

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

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

15 former Directors of the Agency’’.

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

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

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

19 ‘‘shall prepare for the President’’.

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

21 U.S.C. 2574) is amended—

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

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

24 President’’; and

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

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

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

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

5 2581) is repealed.

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

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

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

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

10 is repealed.

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

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

13 State,’’.

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

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

17 U.S.C. 2595) is amended—

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

19 States Arms Control and Disarmament Agency’’ and

20 inserting ‘‘Department of State’’; and

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

22 States Arms Control and Disarmament Agency

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

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

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

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

7 Control and Disarmament Agency in consultation

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

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

11 2778(a)(2))—

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

14 Disarmament Agency, taking into account the

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

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

17 (B) in the second sentence, by striking

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

21 authorized, whenever the Secretary’’;

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

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

25 Disarmament Agency’’ and inserting ‘‘Secretary

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

2 (i) in the first sentence, by striking

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

6 (ii) in the second sentence, by striking

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

9 the Director’’ and inserting ‘‘Secretary of

10 State, whenever the Secretary’’;

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

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

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

14 State,’’;

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

16 by striking ‘‘Director of the United States Arms

17 Control and Disarmament Agency’’ and inserting

18 ‘‘Secretary of State’’;

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

20 2797(b)(2))—

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

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

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

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

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

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

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

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

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

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

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

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

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

17 ‘‘Twelve’’.

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

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

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

22 Arms Control and Disarmament Agency,’’, and

23 (B) in the second sentence, by striking

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

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

4 (i) by striking ‘‘and in consultation

5 with the Director of the Arms Control and

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

7 and

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

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

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

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

14 Defense’’, and

15 (C) in the first undesignated paragraph

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

17 Control and Disarmament Agency,’’.

18 (d) THE NUCLEAR NON-PROLIFERATION ACT OF

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

20 amended—

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

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

23 State, and the Director of the Arms Control and

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

2 Control and Disarmament Agency,’’.

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

4 United States Code, is amended—

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

6 United States Arms Control and Disarmament

7 Agency.’’;

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

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

14 TITLE III—UNITED STATES

15 INFORMATION AGENCY

16 CHAPTER 1—GENERAL PROVISIONS

17 SEC. 301. EFFECTIVE DATE.

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

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

20 take effect—

21 (1) March 1, 1997; or

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

23 determine to be appropriate and announce by notice

24 published in the Federal Register, which date may

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

3 President has submitted a reorganization plan to the

4 appropriate congressional committees pursuant to

5 section 321.

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

7 effect on the date of enactment of this Act.

8 CHAPTER 2—ABOLITION OF UNITED

9 STATES INFORMATION AGENCY AND

10 TRANSFER OF FUNCTIONS TO SEC11 RETARY OF STATE

12 SEC. 311. ABOLITION OF UNITED STATES INFORMATION

13 AGENCY.

14 The United States Information Agency is abolished.

15 SEC. 312. TRANSFER OF FUNCTIONS TO SECRETARY OF

16 STATE.

17 There are transferred to the Secretary of State all

18 functions of the Director of the United States Information

19 Agency and all functions of the United States Information

20 Agency and any officer or component of such agency

21 under any statute, reorganization plan, Executive order,

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

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

3 FUNCTIONS TRANSFERRED UNDER

4 THIS TITLE

5 SEC. 321. REORGANIZATION PLAN.

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

7 1996, the President, in consultation with the Secretary

8 and the Director of the United States Information Agency,

9 shall transmit to the appropriate congressional committees

10 a reorganization plan providing for—

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

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

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

16 this title; and

17 (3) the consolidation, reorganization, and

18 streamlining of the Department upon the transfer of

19 functions under this title in order to carry out such

20 functions.

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

22 (a) shall—

23 (1) identify the functions of the United States

24 Information Agency that will be transferred to the

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

2 Agency (including civil service personnel, Foreign

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

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

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

8 (3) identify the personnel and positions of the

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

11 transferred within the Department, separated from

12 service with the Department, or eliminated under

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

14 separations, and terminations;

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

19 Department under the plan;

20 (5) specify the funds available to the United

21 States Information Agency that will be transferred

22 to the Department as a result of the transfer of

23 functions of the Agency to the Department;

24 (6) specify the proposed allocations within the

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

2 plan; and

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

5 and liabilities of the Agency in connection with the

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

8 (c) ASSISTANT SECRETARY POSITIONS.—The plan

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

12 SEC. 322. PRINCIPAL OFFICERS.

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

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

16 State Department Basic Authorities Act of 1956 (22

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

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

21 an Under Secretary for Public Diplomacy who shall

22 have responsibility to assist the Secretary and the

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

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

3 (2) TRANSITION PROVISION.—The President

4 may appoint the individual serving as Director of the

5 United States Information Agency on the day before

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

7 appointed by and with the advice and consent of the

8 Senate and serving within the Department of State

9 or the United States Information Agency as the

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

12 individual is appointed to that office in accordance

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

14 Basic Authorities Act of 1956, as amended by this

15 Act.

16 (b) ASSISTANT SECRETARIES.—

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

18 State Department Basic Authorities Act of 1956 (22

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

21 ‘‘(4) ASSISTANT SECRETARY FOR ACADEMIC

22 PROGRAMS AND CULTURAL EXCHANGES.—There

23 shall be in the Department of State an Assistant

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

2 Public Diplomacy.

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

5 the Department of State an Assistant Secretary for

6 Information, Policy, and Programs who shall report

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

8 (2) TRANSITION PROVISION.—The President

9 may appoint such officials appointed by and with the

10 advice and consent of the Senate and serving within

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

14 Academic Programs and Cultural Exchanges and to

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

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

19 Act of 1956, as amended by this Act.

20 CHAPTER 4—CONFORMING AMENDMENTS

21 SEC. 341. REFERENCES.

22 Any reference in any statute, reorganization plan,

23 Executive order, regulation, agreement, determination, or

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

4 of the United States Information Agency shall be

5 deemed to refer to the Secretary of State; and

6 (2) the United States Information Agency,

7 USIA, or the International Communication Agency

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

9 SEC. 342. ABOLITION OF OFFICE OF INSPECTOR GENERAL

10 OF THE UNITED STATES INFORMATION

11 AGENCY AND TRANSFER OF FUNCTIONS TO

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

14 (a) ABOLITION OF OFFICE OF INSPECTOR GENERAL

15 OF THE USIA.—

16 (1) The Office of Inspector General of the

17 United States Information Agency is abolished.

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

19 1978 (5 U.S.C. App.) is amended—

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

22 States Information Agency’’ and inserting ‘‘or

23 the Office of Personnel Management’’; and

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

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

2 is amended by striking the following:

3 ‘‘Inspector General, United States Information

4 Agency.’’.

5 (b) FUNCTIONS OF OFFICE OF INSPECTOR GENERAL

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

10 the functions that the Office of Inspector General of the

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

13 the Inspector General of the United States Information

14 Agency).

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

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

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

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

23 in connection with such functions, as may be necessary

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

2 Title 5, United States Code, is amended—

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

4 United States Information Agency.’’;

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

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

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

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

11 SEC. 344. AMENDMENTS TO UNITED STATES INFORMATION

12 AND EDUCATIONAL EXCHANGE ACT OF 1948.

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

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

16 is amended—

17 (1) by striking ‘‘United States Information

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

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

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

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

24 and inserting ‘‘Secretary of State’’;

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

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

2 and inserting ‘‘Department of State’’.

3 (b) SATELLITE AND TELEVISION BROADCASTS.—

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

6 amended—

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

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

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

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

16 TV’’; and

17 (4) by striking subsection (e).

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

21 1469) is amended—

22 (1) in subsection (c)(1)—

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

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

2 and shall appraise the effectiveness of policies

3 and programs of the Agency’’ and inserting

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

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

7 programs of the Department’’;

8 (2) in subsection (c)(2), —

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

10 Secretary of State, and the Director of the

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

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

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

15 of State’’; and

16 (C) by striking ‘‘Director for effectuating

17 the purposes of the Agency’’ and inserting

18 ‘‘Secretary for effectuating the information,

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

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

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

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

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

4 SEC. 345. AMENDMENTS TO THE MUTUAL EDUCATIONAL

5 AND CULTURAL EXCHANGE ACT OF 1961

6 (FULBRIGHT-HAYS ACT).

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

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

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

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

14 amended by striking subsection (c).

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

19 (1) by striking the first sentence of subsection

20 (a);

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

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

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

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

3 Authorization Act, Fiscal Years 1994 and 1995 (Public

4 Law 103–236) is amended—

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

6 and inserting ‘‘Department’s’’;

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

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

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

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

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

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

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

18 and inserting ‘‘Office’’; and

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

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

21 America previously carried out by the United States

22 Information Agency),’’.

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

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

2 the Department of State’’.

3 SEC. 347. TELEVISION BROADCASTING TO CUBA.

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

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

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

7 amended by striking ‘‘United States Information Agency

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

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

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

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

13 (1) in subsection (a)—

14 (A) by amending the first sentence to read

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

17 Marti Service.’’; and

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

21 (2) in subsection (b)—

22 (A) in the subsection heading, by striking

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

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

3 (C) by striking ‘‘United States Information

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

6 (3) in subsection (c)—

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

8 Agency’’ and inserting ‘‘SECRETARY OF STATE

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

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

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

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

14 amended—

15 (1) by striking ‘‘United States Information

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

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

18 Department’’.

19 (d) AUTHORIZATION OF APPROPRIATIONS.—Section

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

21 SEC. 348. RADIO BROADCASTING TO CUBA.

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

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

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

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

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

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

8 the ‘Department’)’’; and

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

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

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

13 U.S.C. 1465b) is amended—

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

15 follows: ‘‘The Secretary of State shall administer

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

18 and

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

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

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

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

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

3 and

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

5 ‘‘the Department’’; and

6 (2) in subsection (b)—

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

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

10 ‘‘the Secretary of State’’.

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

12 Act (22 U.S.C. 1465e) is amended—

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

14 and inserting ‘‘the Department’’; and

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

16 inserting ‘‘Department’’.

17 (e) AUTHORIZATION OF APPROPRIATIONS.—Section

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

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

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

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

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

2 broadcasts.’’; and

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

5 SEC. 349. NATIONAL ENDOWMENT FOR DEMOCRACY.

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

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

8 (1) in subsection (a)—

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

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

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

13 ‘‘the Department of State’’; and

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

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

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

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

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

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

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

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

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

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

6 and

7 (2) in subsection (c)—

8 (A) in the subsection heading by striking

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

10 STATE’’;

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

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

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

16 and

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

19 State’’.

20 SEC. 350. UNITED STATES SCHOLARSHIP PROGRAM FOR

21 DEVELOPING COUNTRIES.

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

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

2 of State’’.

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

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

5 Information Agency’’ and inserting ‘‘Department of

6 State’’.

7 (c) POLICY REGARDING OTHER INTERNATIONAL

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

9 (22 U.S.C. 4706(b)) is amended—

10 (1) in the subsection heading, by striking

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

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

14 State’’.

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

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

17 States Information Agency’’ and inserting ‘‘Department

18 of State’’.

19 SEC. 351. FASCELL FELLOWSHIP BOARD.

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

21 U.S.C. 4902(b)) is amended—

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

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

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

3 SEC. 352. NATIONAL SECURITY EDUCATION BOARD.

4 Section 803 of the Intelligence Authorization Act,

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

6 (1) in subsection (b)—

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

8 (B) by redesignating paragraphs (7) and

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

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

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

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

14 Section 208 of the Foreign Relations Authorization

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

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

19 SEC. 354. EAST-WEST CENTER.

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

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

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

23 ‘‘Director of the United States Information Agency

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

2 as the ‘Secretary’)’’; and

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

4 and’’.

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

6 U.S.C. 2056) is amended—

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

8 Information Agency’’ and inserting ‘‘Secretary of

9 State’’; and

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

11 and inserting ‘‘Secretary’’.

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

13 Section 202 of the Foreign Relations Authorization

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

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

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

19 functions’’;

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

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

23 State’’;

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

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

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

3 section’’.

4 SEC. 356. CONSOLIDATION OF ADMINISTRATIVE SERVICES.

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

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

8 through ‘‘Agency)’’; and

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

11 SEC. 357. GRANTS.

12 Section 212 of the Foreign Relations Authorization

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

14 amended—

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

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

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

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

22 (3) in subsection (c)—

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

24 States Information Agency shall substantially

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

5 (B) in paragraphs (2) and (3)—

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

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

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

12 (4) by striking subsection (d).

13 SEC. 358. BAN ON DOMESTIC ACTIVITIES.

14 Section 208 of the Foreign Relations Authorization

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

16 is amended—

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

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

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

2 AND DISARMAMENT ACT.

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

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

5 SEC. 360. REPEAL RELATING TO PROCUREMENT OF LEGAL

6 SERVICES.

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

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

11 Section 32 of the State Department Basic Authorities

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

13 second sentence.

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

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

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

19 SEC. 363. INTERNATIONAL CULTURAL AND TRADE CENTER

20 COMMISSION.

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

22 (40 U.S.C. 1106(c)) is amended—

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

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

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

2 through (J) as subparagraphs (F) through (I), re3 spectively.

4 SEC. 364. FOREIGN SERVICE ACT OF 1980.

5 (a) OTHER AGENCIES UTILIZING SERVICE.—Section

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

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

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

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

10 United States Information Agency, the United States

11 International Development Cooperation Agency,’’.

12 SEC. 365. AU PAIR PROGRAMS.

13 Section 8 of the Eisenhower Exchange Fellowship

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

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

16 inserting ‘‘Secretary of State’’.

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

20 Section 602 of the National and Community Service

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

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

23 striking ‘‘United States Information Agency’’ and

24 inserting ‘‘Department of State’’; and

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

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

4 the Department of State’’; and

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

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

8 Section 227 of the Foreign Relations Authorization

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

10 is amended—

11 (1) by striking ‘‘United States Information

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

13 (2) by striking subsection (d).

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

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

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

20 State’’.

21 SEC. 369. MIKE MANSFIELD FELLOWSHIPS.

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

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

2 INTERNATIONAL DEVELOPMENT

3 CHAPTER 1—GENERAL PROVISIONS

4 SEC. 401. EFFECTIVE DATE.

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

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

7 take effect—

8 (1) on March 1, 1997; or

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

10 determine to be appropriate and announce by notice

11 published in the Federal Register, which date may

12 be not earlier than 60 calendar days (excluding any

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

15 President has submitted a reorganization plan to the

16 appropriate congressional committees pursuant to

17 section 421.

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

19 effect on the date of enactment of this Act.

20 SEC. 402. REFERENCES IN TITLE.

21 Except as specifically provided in this title, whenever

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

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

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

2 FOR INTERNATIONAL DEVELOPMENT

3 AND TRANSFER OF FUNCTIONS TO

4 SECRETARY OF STATE

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

8 The Agency for International Development and the

9 International Development Cooperation Agency are abol10 ished.

11 SEC. 412. TRANSFER OF FUNCTIONS TO SECRETARY OF

12 STATE.

13 There are transferred to the Secretary of State all

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

18 International Development Cooperation Agency and any

19 officer or component of such agencies under any statute,

20 reorganization plan, Executive order, or other provision of

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

3 FUNCTIONS TRANSFERRED UNDER

4 THIS TITLE

5 SEC. 421. REORGANIZATION PLAN.

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

7 1996, the President, in consultation with the Secretary

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

10 committees a reorganization plan providing for—

11 (1) the abolition of the Agency for International

12 Development in accordance with this title;

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

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

16 of this title; and

17 (3) the consolidation, reorganization, and

18 streamlining of the Department upon the transfer of

19 functions under this title in order to carry out such

20 functions.

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

22 (a) shall—

23 (1) identify the functions of the Agency for

24 International Development that will be transferred

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

2 Agency (including civil service personnel, Foreign

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

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

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

8 (3) identify the personnel and positions of the

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

11 transferred within the Department, separated from

12 service with the Department, or eliminated under

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

14 separations, and terminations;

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

19 Department under the plan;

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

21 International Development that will be transferred

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

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

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

4 plan; and

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

7 and liabilities of the Agency in connection with the

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

10 (c) ASSISTANT SECRETARY POSITIONS.—The plan

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

14 SEC. 422. PRINCIPAL OFFICERS.

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

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

18 State Department Basic Authorities Act of 1956 (22

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

21 ‘‘(4) UNDER SECRETARY FOR DEVELOPMENT,

22 TRADE PROMOTION, AND ECONOMIC AFFAIRS.—

23 There shall be in the Department of State an Under

24 Secretary for Development, Trade Promotion, and

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

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

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

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

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

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

14 an individual is appointed to that office in accordance with

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

16 Act of 1956, as amended by this Act.

17 SEC. 423. INTERNATIONAL DEVELOPMENT FOUNDATION.

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

22 (b) PRESIDENT AND CHIEF EXECUTIVE OFFICER.—

23 The Foundation shall be headed by the Under Secretary

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

2 Executive Officer shall be responsible, and shall report,

3 directly to the Secretary.

4 (c) FUNCTIONS.—All development functions under

5 the Foreign Assistance Act of 1961 of the Department

6 of State shall be carried out through the Foundation.

7 (d) CONDUCT OF DEVELOPMENT PROJECTS.—Under

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

10 appropriate Assistant Secretaries of State concerning all

11 development projects of the Foundation. A development

12 project of the Foundation may be carried out only with

13 the approval of the appropriate Assistant Secretary of

14 State with regional responsibility for any country involved

15 with the project.

16 CHAPTER 4—CONFORMING AMENDMENTS

17 SEC. 441. REFERENCES.

18 Any reference in any statute, reorganization plan,

19 Executive order, regulation, agreement, determination, or

20 other official document or proceeding to—

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

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

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

5 (3) the Agency for International Development,

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

8 1961, or the International Development Cooperation

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

11 SEC. 442. ABOLITION OF OFFICE OF INSPECTOR GENERAL

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

14 TO OFFICE OF INSPECTOR GENERAL OF THE

15 DEPARTMENT OF STATE.

16 (a) ABOLITION OF OFFICE OF INSPECTOR GENERAL

17 OF THE AGENCY FOR INTERNATIONAL DEVELOPMENT.—

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

20 (b) AMENDMENTS TO THE INSPECTOR GENERAL ACT

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

22 App.) is amended as follows:

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

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

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

5 Agency for International Development,’’.

6 (c) AMENDMENTS TO TITLE 5, UNITED STATES

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

8 amended by striking the following:

9 ‘‘Inspector General, Agency for International

10 Development.’’.

11 (d) FUNCTIONS OF OFFICE OF INSPECTOR GENERAL

12 OF THE AGENCY FOR INTERNATIONAL DEVELOPMENT

13 TRANSFERRED TO OFFICE OF INSPECTOR GENERAL OF

14 THE DEPARTMENT OF STATE.—There are transferred to

15 the Office of Inspector General of the Department of State

16 the functions that the Office of Inspector General of the

17 Agency for International Development exercised before the

18 effective date of this title (including all related functions

19 of the Inspector General of the Agency for International

20 Development).

21 (e) TRANSFER AND ALLOCATIONS OF APPROPRIA22 TIONS AND PERSONNEL.—The Inspector General of the

23 Department of State, is authorized to make such inciden24 tal dispositions of personnel, assets, liabilities, grants, con25 tracts, property, records, and unexpended balances of ap-
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1 propriations, authorizations, allocations, and other funds

2 held, used, arising from, available to, or to be made avail3 able in connection with such functions, as may be nec4 essary to carry out the provisions of this section.

5 SEC. 443. ABOLITION OF CHIEF FINANCIAL OFFICER OF

6 THE AGENCY FOR INTERNATIONAL DEVELOP7 MENT AND TRANSFER OF FUNCTIONS TO

8 CHIEF FINANCIAL OFFICER DEPARTMENT OF

9 STATE.

10 (a) ABOLITION OF OFFICE OF CHIEF FINANCIAL OF11 FICER OF THE AGENCY FOR INTERNATIONAL DEVELOP12 MENT.—The Office of Chief Financial Officer of the Agen13 cy for International Development is abolished.

14 (b) AMENDMENT TO TITLE 31, UNITED STATES

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

16 is amended by striking subparagraph (A).

17 (c) FUNCTIONS OF OFFICE OF CHIEF FINANCIAL

18 OFFICER OF THE AGENCY FOR INTERNATIONAL DEVEL19 OPMENT TRANSFERRED TO OFFICE OF CHIEF FINANCIAL

20 OFFICER OF THE DEPARTMENT OF STATE.—There are

21 transferred to the Office of Chief Financial Officer of the

22 Department of State the functions that the Office of Chief

23 Financial Officer of the Agency for International Develop24 ment exercised before the effective date of this title (in-
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1 cluding all related functions of the Chief Financial Officer

2 of the Agency for International Development).

3 (d) TRANSFER AND ALLOCATIONS OF APPROPRIA4 TIONS AND PERSONNEL.—The Director of the Office of

5 Management and Budget, in consultation with the Sec6 retary of State, is authorized to make such incidental dis7 positions of personnel, assets, liabilities, grants, contracts,

8 property, records, and unexpended balances of appropria9 tions, authorizations, allocations, and other funds held,

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

11 in connection with such functions, as may be necessary

12 to carry out the provisions of this section.

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

14 Title 5, United States Code, is amended—

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

16 Agency for International Development.’’;

17 (2) in section 5314, by striking ‘‘Deputy Ad18 ministrator, Agency for International Develop19 ment.’’;

20 (3) in section 5315—

21 (A) by striking ‘‘Assistant Administrators,

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

23 and
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1 (B) by striking ‘‘Regional Assistant Ad2 ministrators, Agency for International Develop3 ment (4).’’; and

4 (4) in section 5316 by striking ‘‘General Coun5 sel of the Agency for International Development.’’.

6 SEC. 445. PUBLIC LAW 480 PROGRAM.

7 The Agricultural Trade Development and Assistance

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

9 is amended by striking ‘‘Administrator’’ each place it ap10 pears and inserting ‘‘Secretary of State’’.

11 TITLE V—TRANSITION

12 SEC. 501. REORGANIZATION AUTHORITY.

13 (a) IN GENERAL.—The Secretary is authorized, sub14 ject to the requirements of this division, to allocate or re15 allocate any function transferred to the Department under

16 any title of this division among the officers of the Depart17 ment, and to establish, consolidate, alter, or discontinue

18 such organizational entities within the Department as may

19 be necessary or appropriate to carry out any reorganiza20 tion under this division, but the authority of the Secretary

21 under this section does not extend to—

22 (1) the abolition of organizational entities or of23 ficers established by this Act or any other Act; or
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1 (2) the alteration of the delegation of functions

2 to any specific organizational entity or officer re3 quired by this Act or any other Act.

4 (b) REQUIREMENTS AND LIMITATIONS ON REORGA5 NIZATION PLANS.—A reorganization plan pursuant to any

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

7 (1) creating a new executive department;

8 (2) continuing a function beyond the period au9 thorized by law for its exercise or beyond the time

10 when it would have terminated if the reorganization

11 had not been made;

12 (3) authorizing an agency to exercise a function

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

14 is transmitted to Congress;

15 (4) creating a new agency which is not a com16 ponent or part of an existing executive department

17 or independent agency; or

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

19 provided by law for the office.

20 SEC. 502. TRANSFER AND ALLOCATION OF APPROPRIA21 TIONS AND PERSONNEL.

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

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

24 the assets, liabilities, contracts, property, records, and un25 expended balance of appropriations, authorizations, alloca-
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1 tions, and other funds employed, held, used, arising from,

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

3 the functions and offices, or portions thereof transferred

4 by any title of this division, subject to section 1531 of title

5 31, United States Code, shall be transferred to the Sec6 retary for appropriate allocation.

7 (b) LIMITATION ON USE OF TRANSFERRED

8 FUNDS.—Unexpended and unobligated funds transferred

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

10 for the purposes for which the funds were originally au11 thorized and appropriated.

12 (c) AUTHORIZED STRENGTH OF THE FOREIGN SERV13 ICE.—When an agency is abolished under this division, the

14 limitations for fiscal years 1996 and 1997 under section

15 2351 of this Act on the members of the Foreign Service

16 authorized to be employed by such agency shall be added

17 to the limitations under such section which apply to the

18 Department of State.

19 SEC. 503. INCIDENTAL TRANSFERS.

20 The Director of the Office of Management and Budg21 et, in consultation with the Secretary of State, is author22 ized to make such incidental dispositions of personnel, as23 sets, liabilities, grants, contracts, property, records, and

24 unexpended balances of appropriations, authorizations, al25 locations, and other funds held, used, arising from, avail-
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1 able to, or to be made available in connection with such

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

3 of any title of this division. The Director of the Office of

4 Management and Budget, in consultation with the Sec5 retary of State, shall provide for the termination of the

6 affairs of all entities terminated by this division and for

7 such further measures and dispositions as may be nec8 essary to effectuate the purposes of any title of this divi9 sion.

10 SEC. 504. EFFECT ON PERSONNEL.

11 (a) EXECUTIVE SCHEDULE POSITIONS.—Except as

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

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

14 functions of which are transferred under any title of this

15 division, held a position compensated in accordance with

16 the Executive Schedule prescribed in chapter 53 of title

17 5, United States Code, and who, without a break in serv18 ice, is appointed in the Department to a position having

19 duties comparable to the duties performed immediately

20 preceding such appointment shall continue to be com21 pensated in such new position at not less than the rate

22 provided for such previous position, for the duration of

23 the service of such person in such new position.

24 (b) TERMINATION OF CERTAIN POSITIONS.—Posi25 tions whose incumbents are appointed by the President,
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1 by and with the advice and consent of the Senate, the

2 functions of which are transferred by any title of this divi3 sion, shall terminate on the effective date of that title.

4 (c) EXCEPTED SERVICE.—(1) Subject to paragraph

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

6 excepted service or the Senior Executive Service, any ap7 pointment authority established pursuant to law or regula8 tions of the Office of Personnel Management for filling

9 such positions shall be transferred.

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

11 of authority under paragraph (1) (and the employees ap12 pointed pursuant thereto) to the extent that such author13 ity relates to positions excepted from the competitive serv14 ice because of their confidential, policy-making, policy-de15 termining, or policy-advocating character, and noncareer

16 positions in the Senior Executive Service (within the

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

18 Code).

19 (d) EMPLOYEE BENEFIT PROGRAMS.—(1) Any em20 ployee accepting employment with the Department of

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

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

23 transfer occurs membership in any employee benefit pro24 gram of the former agency, including insurance, to which
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1 such employee belongs on the date of the enactment of

2 this Act if—

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

4 benefit or membership in the program; and

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

6 Secretary of State.

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

8 which would have been provided by such agency or entity

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

10 Secretary of State. If any employee elects to give up mem11 bership in a health insurance program or the health insur12 ance program is not continued by the Secretary of State,

13 the employee shall be permitted to select an alternate Fed14 eral health insurance program within 30 days of such elec15 tion or notice, without regard to any other regularly sched16 uled open season.

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

18 the career Senior Executive Service who is transferred

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

20 a position at the Department of State which is comparable

21 to the position the employee held in the agency.

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

23 be provided reasonable notice of new positions and assign24 ments prior to their transfer pursuant to any title of this

25 division.
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1 (2) Foreign Service personnel transferred to the De2 partment of State pursuant to any title of this division

3 shall be eligible for any assignment open to Foreign Serv4 ice personnel within the Department for which such trans5 ferred personnel are qualified.

6 (g) TREATMENT OF PERSONNEL EMPLOYED IN TER7 MINATED FUNCTIONS.—The provisions of this subsection

8 shall apply with respect to officers and employees of the

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

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

11 the reorganization and consolidation of functions of the

12 Department of State under any title of this division:

13 (1) Under such regulations as the Office of Per14 sonnel Management may prescribe, the head of any

15 agency in the executive branch may appoint in the

16 competitive service any person who is certified by

17 the head of the former agency as having served sat18 isfactorily in the former agency and who passes such

19 examination as the Office of Personnel Management

20 may prescribe. Any person so appointed shall, upon

21 completion of the prescribed probationary period, ac22 quire a competitive status.

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

24 branch having an established merit system in the ex25 cepted service may appoint in such service any per-
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1 son who is certified by the head of the former agen2 cy as having served satisfactorily in the former agen3 cy and who passes such examination as the head of

4 such agency in the executive branch may prescribe.

5 (3) Any appointment under this subsection

6 shall be made within a period of one year after com7 pletion of the appointee’s service in the former

8 agency.

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

10 which would disqualify an applicant for appointment

11 in the competitive service or in the excepted service

12 concerned shall also disqualify an applicant for ap13 pointment under this subsection.

14 SEC. 505. VOLUNTARY SEPARATION INCENTIVES.

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

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

17 incentive payments to employees of the agency in order

18 to avoid or minimize the need for involuntary separations

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

20 and the reorganization and consolidation of functions of

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

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

23 the following agencies:

24 (1) The Department of State.
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1 (2) The United States Arms Control and Disar2 mament Agency.

3 (3) The United States Information Agency.

4 (4) The Agency for International Development.

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

6 agency shall pay voluntary separation incentive payments

7 in accordance with the provisions of section 3 of the Fed8 eral Workforce Restructuring Act of 1994 (Public Law

9 103–226; 108 Stat. 111), except that an employee of the

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

11 voluntary separation incentive payment under that section

12 if the employee separates from service with the agency

13 during the period beginning on the date of enactment of

14 this Act and ending—

15 (1) in the case of an agency referred to in para16 graph (2), (3), or (4) of subsection (b), on the date

17 of the abolition of that agency under this division;

18 and

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

20 March 1, 1997.

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

22 the head of an agency to authorize payment of voluntary

23 separation incentive payments under this section shall ex24 pire on—
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1 (1) in the case of an agency referred to in para2 graph (2), (3), or (4) of subsection (b), on the date

3 of the abolition of that agency under this division;

4 and

5 (3) in the case of the Department of State,

6 March 1, 1997.

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

8 authority (within the meaning of section 401 of the Con9 gressional Budget Act of 1974) which is provided under

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

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

12 in appropriations Acts.

13 SEC. 506. SAVINGS PROVISIONS.

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

15 orders, determinations, rules, regulations, permits, agree16 ments, grants, contracts, certificates, licenses, registra17 tions, privileges, and other administrative actions—

18 (1) that have been issued, made, granted, or al19 lowed to become effective by the President, any Fed20 eral agency or official thereof, or by a court of com21 petent jurisdiction, in the performance of functions

22 that are transferred under any title of this division;

23 and

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

25 takes effect, or were final before the effective date
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1 of such title and are to become effective on or after

2 the effective date of such title,

3 shall continue in effect according to their terms until

4 modified, terminated, superseded, set aside, or revoked in

5 accordance with law by the President, the Secretary, or

6 other authorized official, a court of competent jurisdiction,

7 or by operation of law.

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

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

10 including notices of proposed rulemaking, or any applica11 tion for any license, permit, certificate, or financial assist12 ance pending on the effective date of any title of this divi13 sion before any department, agency, commission, or com14 ponent thereof, functions of which are transferred by any

15 title of this division. Such proceedings and applications,

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

17 shall be continued.

18 (2) Orders shall be issued in such proceedings, ap19 peals shall be taken therefrom, and payments shall be

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

21 enacted. Orders issued in any such proceedings shall con22 tinue in effect until modified, terminated, superseded, or

23 revoked by the Secretary, by a court of competent jurisdic24 tion, or by operation of law.
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1 (3) Nothing in this Act shall be deemed to prohibit

2 the discontinuance or modification of any such proceeding

3 under the same terms and conditions and to the same ex4 tent that such proceeding could have been discontinued

5 or modified if this Act had not been enacted.

6 (4) The Secretary is authorized to promulgate regula7 tions providing for the orderly transfer of proceedings con8 tinued under this subsection to the Department.

9 (c) NO EFFECT ON JUDICIAL PROCEEDINGS.—Ex10 cept as provided in subsection (e)—

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

12 suits commenced prior to the effective date of this

13 Act, and

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

15 appeals taken, and judgments rendered in the same

16 manner and effect as if this Act had not been en17 acted.

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

19 action, or other proceeding commenced by or against any

20 officer in the official capacity of such individual as an offi21 cer of any department or agency, functions of which are

22 transferred by any title of this division, shall abate by rea23 son of the enactment of this Act. No cause of action by

24 or against any department or agency, functions of which

25 are transferred by any title of this division, or by or
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1 against any officer thereof in the official capacity of such

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

3 (e) CONTINUATION OF PROCEEDING WITH SUBSTI4 TUTION OF PARTIES.—If, before the date on which any

5 title of this division takes effect, any department or agen6 cy, or officer thereof in the official capacity of such officer,

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

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

9 Secretary or any other official of the Department, then

10 such suit shall be continued with the Secretary or other

11 appropriate official of the Department substituted or

12 added as a party.

13 (f) REVIEWABILITY OF ORDERS AND ACTIONS

14 UNDER TRANSFERRED FUNCTIONS.—Orders and actions

15 of the Secretary in the exercise of functions transferred

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

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

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

19 or part thereof, exercising such functions immediately pre20 ceding their transfer. Any statutory requirements relating

21 to notice, hearings, action upon the record, or administra22 tive review that apply to any function transferred by any

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

24 function by the Secretary.
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1 SEC. 507. PROPERTY AND FACILITIES.

2 The Secretary of State shall review the property and

3 facilities transferred to the Department under this division

4 to determine whether such property and facilities are re5 quired by the Department.

6 SEC. 508. AUTHORITY OF SECRETARY TO FACILITATE

7 TRANSITION.

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

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

10 utilize—

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

12 other personnel of an agency with respect to func13 tions that will be or have been transferred to the De14 partment by any title of this division; and

15 (2) funds appropriated to such functions for

16 such period of time as may reasonably be needed to

17 facilitate the orderly implementation of any title of

18 this division.

19 SEC. 509. RECOMMENDATIONS FOR ADDITIONAL CON20 FORMING AMENDMENTS.

21 The Congress urges the President, in consultation

22 with the Secretary of State and the heads of other appro23 priate agencies, to develop and submit to the Congress rec24 ommendations for such additional technical and conform25 ing amendments to the laws of the United States as may
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1 be appropriate to reflect the changes made by this divi2 sion.

3 SEC. 510. FINAL REPORT.

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

5 consultation with the Secretary of the Treasury and the

6 Director of the Office of Management and Budget shall

7 submit to the appropriate congressional committees a re8 port which provides a final accounting of the finances and

9 operations of the United States Arms Control and Disar10 mament Agency, the United States Information Agency,

11 and the Agency for International Development.

12 SEC. 511. SEVERABILITY.

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

14 person or circumstance is held invalid, neither the remain15 der of this division nor the application of the provision

16 to other persons or circumstances shall be affected.

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