IIA

104TH CONGRESS

1ST SESSION H. R. 1561

IN THE SENATE OF THE UNITED STATES

JUNE 14 (legislative day, JUNE 5), 1995

Received; read twice and referred to the Committee on Foreign Relations

AN ACT

To consolidate the foreign affairs agencies of the United

States; to authorize appropriations for the Department

of State and related agencies for fiscal years 1996 and

1997; to responsibly reduce the authorizations of appropriations for United States foreign assistance programs

for fiscal years 1996 and 1997, and for other purposes.

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

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

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

5 CONTENTS.

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

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

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

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

14 (4) Division D—Additional Provisions.

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

16 this Act is as follows:

Sec. 1. Short title.

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

DIVISION A—CONSOLIDATION OF FOREIGN AFFAIRS AGENCIES

TITLE I—GENERAL PROVISIONS

Sec. 101. Short title.

Sec. 102. Congressional findings.

Sec. 103. Purposes.

Sec. 104. Definitions.

TITLE II—UNITED STATES ARMS CONTROL AND DISARMAMENT

AGENCY

CHAPTER 1—GENERAL PROVISIONS

Sec. 201. Effective date.

Sec. 202. References in title.
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CHAPTER 2—ABOLITION OF UNITED STATES ARMS CONTROL AND DISARMAMENT AGENCY AND TRANSFER OF FUNCTIONS TO SECRETARY OF

STATE

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

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

CHAPTER 3—REORGANIZATION OF DEPARTMENT OF STATE RELATING TO

FUNCTIONS TRANSFERRED UNDER THIS TITLE

Sec. 221. Reorganization plan.

Sec. 222. Coordinator for Arms Control and Disarmament.

CHAPTER 4—CONFORMING AMENDMENTS

Sec. 241. References.

Sec. 242. Repeal of establishment of agency.

Sec. 243. Repeal of positions and offices.

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

Disarmament Act to the Secretary of State.

Sec. 245. Conforming amendments.

TITLE III—UNITED STATES INFORMATION AGENCY

CHAPTER 1—GENERAL PROVISIONS

Sec. 301. Effective date.

CHAPTER 2—ABOLITION OF UNITED STATES INFORMATION AGENCY AND

TRANSFER OF FUNCTIONS TO SECRETARY OF STATE

Sec. 311. Abolition of United States Information Agency.

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

CHAPTER 3—REORGANIZATION OF DEPARTMENT OF STATE RELATING TO

FUNCTIONS TRANSFERRED UNDER THIS TITLE

Sec. 321. Reorganization plan.

Sec. 322. Principal officers.

CHAPTER 4—CONFORMING AMENDMENTS

Sec. 341. References.

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

General of the Department of State.

Sec. 343. Amendments to title 5.

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

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

of 1961 (Fulbright-Hays Act).

Sec. 346. International broadcasting activities.

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

South.

Sec. 354. East-West Center.

Sec. 355. Mission of the Department of State.

Sec. 356. Consolidation of administrative services.

Sec. 357. Grants.

Sec. 358. Ban on domestic activities.

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

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

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

Sec. 362. Conforming amendment to the Seed Act.

Sec. 363. International Cultural and Trade Center Commission.

Sec. 364. Foreign Service Act of 1980.

Sec. 365. Au pair programs.

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

to democracy.

Sec. 367. Edmund S. Muskie Fellowship program.

Sec. 368. Implementation of convention on cultural property.

Sec. 369. Mike Mansfield Fellowships.

TITLE IV—AGENCY FOR INTERNATIONAL DEVELOPMENT

CHAPTER 1—GENERAL PROVISIONS

Sec. 401. Effective date.

Sec. 402. References in title.

CHAPTER 2—ABOLITION OF THE AGENCY FOR INTERNATIONAL

DEVELOPMENT AND TRANSFER OF FUNCTIONS TO SECRETARY OF STATE

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

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

CHAPTER 3—REORGANIZATION OF DEPARTMENT OF STATE RELATING TO

FUNCTIONS TRANSFERRED UNDER THIS TITLE

Sec. 421. Reorganization plan.

Sec. 422. Principal officers.

CHAPTER 4—CONFORMING AMENDMENTS

Sec. 441. References.

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

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

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

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

Sec. 445. Public Law 480 program.

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.
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Sec. 505. Savings provisions.

Sec. 506. Property and facilities.

Sec. 507. Authority of Secretary to facilitate transition.

Sec. 508. Recommendations for additional conforming amendments.

Sec. 509. Final report.

Sec. 510. Transfer of function.

Sec. 511. Severability.

TITLE VI—REORGANIZATION OF UNITED STATES EXPORT

PROMOTION AND TRADE ACTIVITIES.

Sec. 601. Plan for reorganization of United States export promotion and trade

activities.

DIVISION B—FOREIGN RELATIONS AUTHORIZATIONS

TITLE XX—GENERAL PROVISIONS

Sec. 2001. Short title.

Sec. 2002. Definitions.

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

FUNCTIONS AND ACTIVITIES

CHAPTER 1—AUTHORIZATIONS OF APPROPRIATIONS

Sec. 2101. Administration of Foreign Affairs.

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

Sec. 2103. International commissions.

Sec. 2104. Migration and refugee assistance.

Sec. 2105. Certain other international affairs programs.

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

Sec. 2107. United States arms control and disarmament.

CHAPTER 2—GENERAL LIMITATIONS

Sec. 2121. Prohibition on funding for abortion.

Sec. 2122. Prohibition on funding for coercive population control methods.

TITLE XXII—DEPARTMENT OF STATE AUTHORITIES AND

ACTIVITIES

CHAPTER 1—AUTHORITIES AND ACTIVITIES

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

Sec. 2202. Authorities of Secretary of State.

Sec. 2203. Buying power maintenance account.

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

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

posts.

Sec. 2206. Denial of passports to noncustodial parents subject to State arrest

warrants in cases of nonpayment of child support.

Sec. 2207. Capital Investment Fund.

Sec. 2208. Efficiency in procurement.

Sec. 2209. Training.

CHAPTER 2—CONSULAR AUTHORITIES OF THE DEPARTMENT OF STATE
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Sec. 2231. Surcharge for processing certain machine readable visas.

Sec. 2232. Fingerprint check requirement.

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

Sec. 2234. Consular officers.

CHAPTER 3—REFUGEES AND MIGRATION

Sec. 2251. United States Emergency Refugee and Migration Assistance Fund.

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

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

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

Sec. 2255. Extension of certain adjudication provisions.

Sec. 2256. Vietnam POW/MIA asylum program.

Sec. 2257. Korea POW/MIA asylum program.

TITLE XXIII—ORGANIZATION OF THE DEPARTMENT OF STATE;

DEPARTMENT OF STATE PERSONNEL; THE FOREIGN SERVICE

CHAPTER 1—ORGANIZATION OF THE DEPARTMENT OF STATE

Sec. 2301. Coordinator for counterterrorism.

Sec. 2302. Special envoy for Tibet.

Sec. 2303. Establishment of Coordinator for Human Rights and Refugees, Bureau of Refugee and Migration Assistance, and Bureau of Democracy, Human Rights, and Labor.

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

Department of State.

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

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

Nations.

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

SERVICE

Sec. 2351. Authorized strength of the Foreign Service.

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

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

TITLE XXIV—UNITED STATES PUBLIC DIPLOMACY: AUTHORITIES

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

CHAPTER 1—GENERAL PROVISIONS

Sec. 2401. Elimination of permanent authorization.

Sec. 2402. Extension of au pair programs.

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

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

Asia.

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

and Burmese.

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

Sec. 2407. Retention of interest.

Sec. 2408. USIA office in Pristina, Kosova.
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CHAPTER 2—INTERNATIONAL BROADCASTING

Sec. 2431. Expansion of Broadcasting Board of Governors.

Sec. 2432. Plan for Radio Free Asia.

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

TITLE XXV—INTERNATIONAL ORGANIZATIONS AND COMMISSIONS

CHAPTER 1—GENERAL PROVISIONS

Sec. 2501. International Boundary and Water Commission.

Sec. 2502. Repeal of authority for participation by the United States in the

Interparaliamentary Union.

CHAPTER 2—UNITED NATIONS AND AFFILIATED AGENCIES AND

ORGANIZATIONS

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

and its specialized agencies.

Sec. 2522. Limitation on contributions to the United Nations or United Nations affiliated organizations.

Sec. 2523. Report on UNICEF.

Sec. 2524. United Nations budgetary and management reform.

TITLE XXVI—FOREIGN POLICY PROVISIONS

CHAPTER 1—MISCELLANEOUS FOREIGN POLICY PROVISIONS

Sec. 2601. Taiwan Relations Act.

Sec. 2602. Bosnia Genocide Justice Act.

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

Sec. 2604. Repeal of termination of provisions of the Nuclear Proliferation Prevention Act of 1994.

Sec. 2605. Annual assessment.

Sec. 2606. Verification of Missile Technology Control Regime.

Sec. 2607. Bosnia and Herzegovina Self-Defense Act.

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

FRAMEWORK AND THE OBLIGATIONS OF NORTH KOREA UNDER THAT AND

PREVIOUS AGREEMENTS WITH RESPECT TO THE DENUCLEARIZATION OF

THE KOREAN PENINSULA AND DIALOGUE WITH THE REPUBLIC OF KOREA

Sec. 2641. Findings.

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

under the Agreed Framework.

Sec. 2643. Role of the Republic of Korea under the Agreed Framework.

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

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

Energy Development Organization.

CHAPTER 3—BURMA

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

CHAPTER 4—TORTURE

Sec. 2661. Definitions.
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Sec. 2662. United States policy with respect to the involuntary return of persons subjected to torture.

TITLE XXVII—CONGRESSIONAL STATEMENTS

Sec. 2701. Inter-American organizations.

Sec. 2702. Territorial integrity of Bosnia and Herzegovina.

Sec. 2703. The Laogai system of political prisons.

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

Vietnam.

Sec. 2705. Declaration of Congress regarding United States Government

human rights policy toward China.

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

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

Sec. 2708. Conflict in Kashmir.

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

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

Sec. 2711. Displaced persons.

Sec. 2712. Policy toward Iran.

Sec. 2713. Conflict in Chechnya.

Sec. 2714. United States delegation to the Fourth World Conference on Women

in Beijing.

Sec. 2715. Female genital mutilation.

Sec. 2716. Sense of the Congress regarding Syrian occupation of Lebanon.

DIVISION C—FOREIGN ASSISTANCE AUTHORIZATIONS

Sec. 3001. Short title.

Sec. 3002. Declaration of policy.

TITLE XXXI—DEFENSE AND SECURITY ASSISTANCE

CHAPTER 1—MILITARY AND RELATED ASSISTANCE

SUBCHAPTER A—FOREIGN MILITARY FINANCING PROGRAM

Sec. 3101. Authorization of appropriations.

Sec. 3102. Administrative expenses.

Sec. 3103. Assistance for Israel.

Sec. 3104. Assistance for Egypt.

Sec. 3105. Loans for Greece and Turkey.

Sec. 3106. Terms of loans.

Sec. 3107. Nonrepayment of grant assistance.

Sec. 3108. Additional requirements.

SUBCHAPTER B—OTHER ASSISTANCE

Sec. 3121. Defense drawdown special authorities.

Sec. 3122. Stockpiles of defense articles.

Sec. 3123. Transfer of excess defense articles.

Sec. 3124. Nonlethal excess defense articles for Albania.

CHAPTER 2—INTERNATIONAL MILITARY EDUCATION AND TRAINING

Sec. 3141. Authorization of appropriations.
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Sec. 3142. Assistance for Indonesia.

Sec. 3143. Additional requirements.

CHAPTER 3—ANTITERRORISM ASSISTANCE

Sec. 3151. Authorization of appropriations.

Sec. 3152. Antiterrorism training assistance.

Sec. 3153. Research and development expenses.

CHAPTER 4—NARCOTICS CONTROL ASSISTANCE

Sec. 3161. Authorization of appropriations.

Sec. 3162. Additional requirements.

Sec. 3163. Notification requirement.

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

CHAPTER 5—NONPROLIFERATION AND DISARMAMENT FUND

Sec. 3171. Nonproliferation and Disarmament Fund.

CHAPTER 6—OTHER PROVISIONS

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

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

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

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

proposed sale of defense articles and services.

Sec. 3185. Definition of significant military equipment.

Sec. 3186. Requirements relating to the Special Defense Acquisition Fund.

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

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

Sec. 3189. Certification thresholds.

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

Sec. 3191. Depleted uranium ammunition.

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

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

and services.

Sec. 3194. Return and exchanges of defense articles previously transferred pursuant to the Arms Export Control Act.

Sec. 3195. Annual military assistance report.

TITLE XXXII—ECONOMIC ASSISTANCE

CHAPTER 1—ECONOMIC SUPPORT ASSISTANCE

Sec. 3201. Economic support fund.

Sec. 3202. Assistance for Israel.

Sec. 3203. Assistance for Egypt.

Sec. 3204. International Fund for Ireland.

Sec. 3205. Law enforcement assistance.

CHAPTER 2—ASSISTANCE FOR PRIVATE SECTOR PROGRAMS AND ACTIVITIES

Sec. 3211. Private sector Enterprise Funds.

Sec. 3212. Central Asian Enterprise Fund.

Sec. 3213. Micro- and small enterprise development credits.
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Sec. 3214. Microenterprise development grant assistance.

CHAPTER 3—DEVELOPMENT ASSISTANCE

SUBCHAPTER A—DEVELOPMENT ASSISTANCE AUTHORITIES

Sec. 3221. Authorizations of appropriations.

Sec. 3222. Child survival activities, Vitamin A Deficiency Program, and related

activities.

Sec. 3223. Assistance for family planning.

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

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

Sec. 3226. Effectiveness of United States development assistance.

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

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

credit unions.

SUBCHAPTER B—OPERATING EXPENSES

Sec. 3231. Operating expenses generally.

Sec. 3232. Operating expenses of the office of the inspector general.

CHAPTER 4—PUBLIC LAW 480

Sec. 3241. Levels of assistance for title II.

Sec. 3242. Authorization of appropriations for title III.

CHAPTER 5—HOUSING GUARANTEE PROGRAM

Sec. 3251. Authorization of appropriations for administrative expenses.

Sec. 3252. Additional requirements.

CHAPTER 6—PEACE CORPS

Sec. 3261. Peace Corps.

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

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

CHAPTER 7—INTERNATIONAL DISASTER ASSISTANCE

Sec. 3271. Authority to provide reconstruction assistance.

Sec. 3272. Authorizations of appropriations.

CHAPTER 8—OVERSEAS PRIVATE INVESTMENT CORPORATION.

Sec. 3275. Study on OPIC privatization.

Sec. 3276. Privatization of OPIC activities.

CHAPTER 9—OTHER PROVISIONS

Sec. 3281. Exemption from restrictions on assistance through nongovernmental

organizations.

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

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

Sec. 3284. Foreign government parking fines.

Sec. 3285. Human rights reports.

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

TITLE XXXIII—REGIONAL PROVISIONS
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Sec. 3301. Prohibition on assistance to foreign governments providing assistance to Cuba.

Sec. 3302. Assistance for Nicaragua.

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

Sec. 3304. Debt restructuring for Egypt.

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

Sec. 3306. Assistance for Pakistan.

Sec. 3307. Return of military equipment of Pakistan.

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

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

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

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

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

Sec. 3313. Assistance for Zaire.

Sec. 3314. Assistance for Laos.

Sec. 3315. Restrictions on assistance for Guatemala.

Sec. 3316. Prohibition on economic assistance, military assistance or arms

transfers to the government of Mauritania unless appropriate

action is taken to eliminate chattel slavery.

TITLE XXXIV—SPECIAL AUTHORITIES AND OTHER PROVISIONS

CHAPTER 1—SPECIAL AUTHORITIES

Sec. 3401. Enhanced transfer authority.

Sec. 3402. Authority to meet unanticipated contingencies.

Sec. 3403. Special waiver authority.

Sec. 3404. Termination of assistance.

CHAPTER 2—OTHER PROVISIONS

Sec. 3411. Congressional presentation documents.

Sec. 3412. Debt restructuring for foreign assistance.

Sec. 3413. Debt buybacks or sales for debt swaps.

Sec. 3414. Impact on jobs in the United States.

Sec. 3415. Prohibition on assistance to foreign governments that export lethal

military equipment to countries supporting international terrorism.

Sec. 3416. Prohibition on assistance to countries that consistently oppose the

United States position in the United Nations General Assembly.

Sec. 3417. Limitation on assistance to countries that restrict the transport or

delivery of United States humanitarian assistance.

Sec. 3418. Prohibition on assistance to foreign governments, private and voluntary organizations, and other entities that inhibit United

States-supported demining operations and activities.

Sec. 3419. Prohibition on foreign assistance to foreign governments not implementing extradition treaties.

Sec. 3420. Limitation on procurement outside the United States.

CHAPTER 3—FOREIGN AID REPORTING REFORM ACT OF 1995

Sec. 3421. Short title.

Sec. 3422. Annual foreign assistance justification report.

Sec. 3423. Definition of foreign assistance programs.
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CHAPTER 4—REPEALS

Sec. 3431. Repeal of obsolete provisions.

TITLE XXXV—EFFECTIVE DATE

Sec. 3501. Effective date.

DIVISION D—ADDITIONAL PROVISIONS

TITLE XLI—PUBLIC LAW 480

Sec. 4101. Authorization of appropriations for title III.

TITLE XLII—UNITED STATES INFORMATIONAL, EDUCATIONAL,

AND CULTURAL PROGRAMS

Sec. 4201. Authorization of appropriations.

TITLE XLIII—FOREIGN BUILDINGS

Sec. 4301. Authorization of appropriations.

TITLE XLIV—FOREIGN ASSISTANCE

Sec. 4401. Authorization of appropriations.

TITLE XLV—UNITED STATES EDUCATIONAL AND CULTURAL

EXCHANGE PROGRAMS

Sec. 4501. Authorization of appropriations.

1 DIVISION A—CONSOLIDATION

2 OF FOREIGN AFFAIRS AGENCIES

3 TITLE I—GENERAL PROVISIONS

4 SEC. 101. SHORT TITLE.

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

6 Agencies Consolidation Act of 1995’’.

7 SEC. 102. CONGRESSIONAL FINDINGS.

8 The Congress makes the following findings:

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

11 changed, but the fundamental national interests of

12 the United States have not. The security, economic,
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1 and humanitarian interests of the United States re2 quire continued American engagement in inter3 national affairs. The leading role of the United

4 States in world affairs will be as important in the

5 twenty-first century as it has been in the twentieth.

6 (2) The United States budget deficit requires

7 that the foreign as well as the domestic programs

8 and activities of the United States be carefully re9 viewed for potential savings. Wherever possible, for10 eign programs and activities must be streamlined,

11 managed more efficiently, and adapted to the re12 quirements of the post-Cold War era.

13 (3) In order to downsize the foreign programs

14 and activities of the United States without jeopardiz15 ing United States interests, strong and effective

16 leadership will be required. As the official principally

17 responsible for the conduct of foreign policy, the

18 Secretary of State must have the authority to allo19 cate efficiently the resources within the international

20 affairs budget. As a first step in the downsizing

21 process, the proliferation of foreign affairs agencies

22 that occurred during the Cold War must be re23 versed, and the functions of these agencies must be

24 restored to the Secretary of State.
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1 (4) A streamlined and reorganized foreign af2 fairs structure under the strengthened leadership of

3 the Secretary of State can more effectively promote

4 the international interests of the United States in

5 the next century than the existing structure.

6 SEC. 103. PURPOSES.

7 The purposes of this division are—

8 (1) to consolidate and reinvent foreign affairs

9 agencies of the United States within the Department

10 of State;

11 (2) to provide for the reorganization of the De12 partment of State to maximize the efficient use of

13 resources, eliminate redundancy in functions, effect

14 budget savings, and improve the management of the

15 State Department;

16 (3) to strengthen—

17 (A) the coordination of United States for18 eign policy; and

19 (B) the leading role of the Secretary of

20 State in the formulation and articulation of

21 United States foreign policy; and

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

23 the United States Arms Control and Disarmament

24 Agency, the United States Information Agency, the
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1 International Development Cooperation Agency, and

2 the Agency for International Development.

3 SEC. 104. DEFINITIONS.

4 The following terms have the following meaning for

5 the purposes of this division:

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

7 International Development.

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

9 States Arms Control and Disarmament Agency.

10 (3) The term ‘‘appropriate congressional com11 mittees’’ means the Committee on International Re12 lations of the House of Representatives and the

13 Committee of Foreign Relations of the Senate.

14 (4) The term ‘‘Department’’ means the Depart15 ment of State.

16 (5) The term ‘‘Federal agency’’ has the mean17 ing given to the term ‘‘agency’’ by section 551(1) of

18 title 5, United States Code.

19 (6) The term ‘‘function’’ means any duty, obli20 gation, power, authority, responsibility, right, privi21 lege, activity, or program.

22 (7) The term ‘‘office’’ includes any office, ad23 ministration, agency, institute, unit, organizational

24 entity, or component thereof.
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1 (8) The term ‘‘Secretary’’ means the Secretary

2 of State.

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

4 Information Agency.

5 TITLE II—UNITED STATES ARMS

6 CONTROL AND DISAR7 MAMENT AGENCY

8 CHAPTER 1—GENERAL PROVISIONS

9 SEC. 201. EFFECTIVE DATE.

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

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

12 take effect—

13 (1) March 1, 1997; or

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

15 determine to be appropriate and announce by notice

16 published in the Federal Register, which date may

17 be not earlier than 60 calendar days (excluding any

18 day on which either House of Congress is not in ses19 sion because of an adjournment sine die) after the

20 President has submitted a reorganization plan to the

21 appropriate congressional committees pursuant to

22 section 221.

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

24 effect on the date of enactment of this Act.
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1 SEC. 202. REFERENCES IN TITLE.

2 Except as specifically provided in this title, whenever

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

4 of an amendment to, or repeal of, a provision, the ref5 erence shall be considered to be made to a provision of

6 the Arms Control and Disarmament Act.

7 CHAPTER 2—ABOLITION OF UNITED

8 STATES ARMS CONTROL AND DISAR9 MAMENT AGENCY AND TRANSFER OF

10 FUNCTIONS TO SECRETARY OF STATE

11 SEC. 211. ABOLITION OF UNITED STATES ARMS CONTROL

12 AND DISARMAMENT AGENCY.

13 The United States Arms Control and Disarmament

14 Agency is abolished.

15 SEC. 212. 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 Arms Con19 trol and Disarmament Agency and all functions of the

20 United States Arms Control and Disarmament Agency

21 and any officer or component of such agency under any

22 statute, reorganization plan, Executive order, or other pro23 vision of law before the effective date of this title, except

24 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. COORDINATOR FOR ARMS CONTROL AND DISAR13 MAMENT.

14 (a) ESTABLISHMENT OF COORDINATOR FOR ARMS

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

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

17 2651a(e)) is amended by adding after paragraph (4) the

18 following new paragraph:

19 ‘‘(5) COORDINATOR FOR ARMS CONTROL AND

20 DISARMAMENT.—

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

22 Secretary of State a Coordinator for Arms Con23 trol and Disarmament (hereafter in this para24 graph referred to as the ‘Coordinator’ who shall

25 be appointed by the President, by and with the
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1 advice and consent of the Senate. The Coordi2 nator shall report directly to the Secretary of

3 State.

4 ‘‘(B)(i) The Coordinator shall perform

5 such duties and exercise such power as the Sec6 retary of State shall prescribe.

7 ‘‘(ii) The Coordinator shall be responsible

8 for arms control and disarmament matters. The

9 Coordinator shall head the Bureau of Arms

10 Control and Disarmament.

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

12 and status of Ambassador-at-Large. The Coor13 dinator shall be compensated at the annual rate

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

15 of the Executive Schedule under section 5314

16 of title 5, United States Code, or, if the Coordi17 nator is appointed from the Foreign Service,

18 the annual rate of pay which the individual last

19 received under the Foreign Service Schedule,

20 whichever is greater.’’.

21 (b) PARTICIPATION IN MEETINGS OF NATIONAL SE22 CURITY COUNCIL.—Section 101 of the National Security

23 Act of 1947 (50 U.S.C. 402) is amended by adding at

24 the end the following new subsection:
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1 ‘‘(i) The Coordinator for Arms Control and Disar2 mament may, in the role of advisor to the National Secu3 rity Council on arms control and disarmament matters,

4 and subject to the direction of the President, attend and

5 participate in meetings of the National Security Council.’’.

6 (c) TRANSITION PROVISION.—The President may ap7 point the individual serving as Director of the Arms Con8 trol and Disarmament Agency on the day before the effec9 tive date of this title, or such other officials appointed by

10 and with the advice and consent of the Senate and serving

11 within the Department of State or the Arms Control and

12 Disarmament Agency on the day before the effective date

13 of this title as the President considers appropriate, to

14 serve as the acting Coordinator for Arms Control and Dis15 armament until an individual is appointed to that office

16 in accordance with section 1(e)(5) of the State Depart17 ment Basic Authorities Act of 1956, as amended by this

18 Act.

19 CHAPTER 4—CONFORMING AMENDMENTS

20 SEC. 241. REFERENCES.

21 Any reference in any statute, reorganization plan,

22 Executive order, regulation, agreement, determination, or

23 other official document or proceeding to—

24 (1) the Director of the United States Arms

25 Control and Disarmament Agency or any other offi-
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1 cer or employee of the United States Arms Control

2 and Disarmament Agency shall be deemed to refer

3 to the Secretary of State; and

4 (2) the United States Arms Control and Disar5 mament Agency shall be deemed to refer to the De6 partment of State.

7 SEC. 242. REPEAL OF ESTABLISHMENT OF AGENCY.

8 Section 21 of the Arms Control and Disarmament

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

10 agency) is repealed.

11 SEC. 243. REPEAL OF POSITIONS AND OFFICES.

12 The following sections of the Arms Control and Dis13 armament Act are repealed:

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

15 Director).

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

17 Deputy Director).

18 (3) Section 24 (22 U.S.C. 2564; relating to As19 sistant Directors).

20 (4) Section 25 (22 U.S.C. 2565; relating to bu21 reaus, offices, and divisions).

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

23 ACDA Inspector General).
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1 SEC. 244. TRANSFER OF AUTHORITIES AND FUNCTIONS

2 UNDER THE ARMS CONTROL AND DISAR3 MAMENT ACT TO THE SECRETARY OF STATE.

4 (a) IN GENERAL.—The Arms Control and Disar5 mament Act (22 U.S.C. 2551 et seq.) is amended—

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

7 and inserting ‘‘Department’’; and

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

9 and inserting ‘‘Secretary’’.

10 (b) PURPOSE.—Section 2 (22 U.S.C. 2551) is re11 pealed.

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

13 amended by striking paragraph (c) and inserting the fol14 lowing:

15 ‘‘(c) The term ‘Department’ means the Depart16 ment of State.

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

18 of State.’’.

19 (d) SCIENTIFIC AND POLICY ADVISORY COMMIT20 TEE.—Section 26(b) (22 U.S.C. 2566(b)) is amended by

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

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

23 (e) PRESIDENTIAL SPECIAL REPRESENTATIVES.—

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

25 acting through the Director’’.
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1 (f) PROGRAM FOR VISITING SCHOLARS.—Section 28

2 (22 U.S.C. 2568) is amended—

3 (1) in the second sentence, by striking ‘‘Agen4 cy’s activities’’ and inserting ‘‘Department’s arms

5 control, nonproliferation, and disarmament activi6 ties’’; and

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

8 former Directors of the Agency’’.

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

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

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

12 ‘‘shall prepare for the President’’.

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

14 U.S.C. 2574) is amended—

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

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

17 President’’; and

18 (2) by striking subsection (b).

19 (i) VERIFICATION OF COMPLIANCE.—Section 37(d)

20 (22 U.S.C. 2577(d)) is amended by striking ‘‘Director’s

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

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

23 2581) is repealed.
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1 (k) SECURITY REQUIREMENTS.—Section 45 (22

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

3 and (d).

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

5 is repealed.

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

7 2593a(a)) is amended by striking ‘‘the Secretary of

8 State,’’.

9 (n) REQUIREMENT FOR AUTHORIZATION OF APPRO10 PRIATIONS.—Section 53 (22 U.S.C. 2593c) is repealed.

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

12 U.S.C. 2595) is amended—

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

14 States Arms Control and Disarmament Agency’’ and

15 inserting ‘‘Department of State’’; and

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

17 States Arms Control and Disarmament Agency

18 and’’.

19 SEC. 245. CONFORMING AMENDMENTS.

20 (a) ARMS EXPORT CONTROL ACT.—The Arms Ex21 port Control Act is amended—

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

23 2776(b)(1)(D)), by striking ‘‘Director of the Arms

24 Control and Disarmament Agency in consultation
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1 with the Secretary of State and’’ and inserting ‘‘Sec2 retary of State in consultation with’’;

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

4 2778(a)(2))—

5 (A) in the first sentence, by striking ‘‘Di6 rector of the United States Arms Control and

7 Disarmament Agency, taking into account the

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

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

10 (B) in the second sentence, by striking

11 ‘‘The Director of the Arms Control and Disar12 mament Agency is authorized, whenever the Di13 rector’’ and inserting ‘‘The Secretary of State is

14 authorized, whenever the Secretary’’;

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

16 (A) in paragraph (1)(C), by striking ‘‘Di17 rector of the United States Arms Control and

18 Disarmament Agency’’ and inserting ‘‘Secretary

19 of State’’; and

20 (B) in paragraph (2)—

21 (i) in the first sentence, by striking

22 ‘‘Director of the United States Arms Con23 trol and Disarmament Agency’’ and insert24 ing ‘‘Secretary of State’’; and
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1 (ii) in the second sentence, by striking

2 ‘‘Director of the Arms Control and Disar3 mament Agency is authorized, whenever

4 the Director’’ and inserting ‘‘Secretary of

5 State, whenever the Secretary’’;

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

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

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

9 State,’’;

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

11 by striking ‘‘Director of the United States Arms

12 Control and Disarmament Agency’’ and inserting

13 ‘‘Secretary of State’’;

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

15 2797(b)(2))—

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

17 States Arms Control and Disarmament Agen18 cy’’ and inserting ‘‘Secretary of State’’; and

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

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

21 striking ‘‘Director of the United States Arms Con22 trol and Disarmament Agency,’’ and inserting ‘‘Sec23 retary of State’’; and

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

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

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

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

5 Act (22 U.S.C. 4605(b)) is amended—

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

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

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

9 (3) in paragraph (4) (as redesignated by para10 graph (2)), by striking ‘‘Eleven’’ and inserting

11 ‘‘Twelve’’.

12 (c) THE ATOMIC ENERGY ACT OF 1954.—The Atom13 ic Energy Act of 1954 is amended—

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

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

16 Arms Control and Disarmament Agency,’’, and

17 (B) in the second sentence, by striking

18 ‘‘the Director of the Arms Control and Disar19 mament Agency,’’; and

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

21 (A) in subsection a. (in the text after para22 graph (9))—

23 (i) by striking ‘‘and in consultation

24 with the Director of the Arms Control and
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1 Disarmament Agency (‘the Director’)’’,

2 and

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

4 and inserting ‘‘and the Secretary of De5 fense’’,

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

7 striking ‘‘Director of the Arms Control and Dis8 armament Agency’’ and inserting ‘‘Secretary of

9 Defense’’, and

10 (C) in the first undesignated paragraph

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

12 Control and Disarmament Agency,’’.

13 (d) THE NUCLEAR NON-PROLIFERATION ACT OF

14 1978.—The Nuclear Non-Proliferation Act of 1978 is

15 amended—

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

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

18 State, and the Director of the Arms Control and

19 Disarmament Agency’’ and inserting ‘‘and the Sec20 retary of State’’; and

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

22 Control and Disarmament Agency,’’.

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

24 United States Code, is amended—
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1 (1) in section 5313, by striking ‘‘Director of the

2 United States Arms Control and Disarmament

3 Agency.’’;

4 (2) in section 5314, by striking ‘‘Deputy Direc5 tor of the United States Arms Control and Disar6 mament Agency.’’; and

7 (3) in section 5315, by striking ‘‘Assistant Di8 rectors, United States Arms Control and Disar9 mament Agency (4).’’.

10 TITLE III—UNITED STATES

11 INFORMATION AGENCY

12 CHAPTER 1—GENERAL PROVISIONS

13 SEC. 301. EFFECTIVE DATE.

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

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

16 take effect—

17 (1) March 1, 1997; or

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

19 determine to be appropriate and announce by notice

20 published in the Federal Register, which date may

21 be not earlier than 60 calendar days (excluding any

22 day on which either House of Congress is not in ses23 sion because of an adjournment sine die) after the

24 President has submitted a reorganization plan to the
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1 appropriate congressional committees pursuant to

2 section 321.

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

4 effect on the date of enactment of this Act.

5 CHAPTER 2—ABOLITION OF UNITED

6 STATES INFORMATION AGENCY AND

7 TRANSFER OF FUNCTIONS TO SEC8 RETARY OF STATE

9 SEC. 311. ABOLITION OF UNITED STATES INFORMATION

10 AGENCY.

11 The United States Information Agency is abolished.

12 SEC. 312. TRANSFER OF FUNCTIONS TO SECRETARY OF

13 STATE.

14 There are transferred to the Secretary of State all

15 functions of the Director of the United States Information

16 Agency and all functions of the United States Information

17 Agency and any officer or component of such agency

18 under any statute, reorganization plan, Executive order,

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

20 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—

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 PUBLIC DIPLO23 MACY.—There shall be in the Department of State

24 an Under Secretary for Public Diplomacy who shall

25 have responsibility to assist the Secretary and the
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1 Deputy Secretary in the formation and implementa2 tion of United States public diplomacy policies and

3 activities, including international educational and

4 cultural exchange programs, information, and inter5 national broadcasting.’’.

6 (2) TRANSITION PROVISION.—The President

7 may appoint the individual serving as Director of the

8 United States Information Agency on the day before

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

10 appointed by and with the advice and consent of the

11 Senate and serving within the Department of State

12 or the United States Information Agency as the

13 President considers appropriate, to serve as the act14 ing Under Secretary for Public Diplomacy until an

15 individual is appointed to that office in accordance

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

17 Basic Authorities Act of 1956, as amended by this

18 Act.

19 (b) ASSISTANT SECRETARIES.—

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

21 State Department Basic Authorities Act of 1956 (22

22 U.S.C. 2651a(c)) is amended by adding after para23 graph (2) the following:

24 ‘‘(3) ASSISTANT SECRETARY FOR ACADEMIC

25 PROGRAMS AND CULTURAL EXCHANGES.—There
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1 shall be in the Department of State an Assistant

2 Secretary for Academic Programs and Cultural Ex3 changes who shall report to the Under Secretary for

4 Public Diplomacy.

5 ‘‘(4) ASSISTANT SECRETARY FOR INFORMA6 TION, POLICY, AND PROGRAMS.—There shall be in

7 the Department of State an Assistant Secretary for

8 Information, Policy, and Programs who shall report

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

10 (2) TRANSITION PROVISION.—The President

11 may appoint such officials appointed by and with the

12 advice and consent of the Senate and serving within

13 the Department of State or the United States Infor14 mation Agency as the President considers appro15 priate to serve as the acting Assistant Secretary for

16 Academic Programs and Cultural Exchanges and to

17 serve as the acting Assistant Secretary for Informa18 tion, Policy, and Programs until individuals are ap19 pointed to those offices in accordance with section

20 1(c)(1) of the State Department Basic Authorities

21 Act of 1956, as amended by this Act.
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1 CHAPTER 4—CONFORMING AMENDMENTS

2 SEC. 341. 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 Informa7 tion Agency, the Director of the International Com8 munication Agency, or any other officer or employee

9 of the United States Information Agency shall be

10 deemed to refer to the Secretary of State; and

11 (2) the United States Information Agency,

12 USIA, or the International Communication Agency

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

14 SEC. 342. ABOLITION OF OFFICE OF INSPECTOR GENERAL

15 OF THE UNITED STATES INFORMATION

16 AGENCY AND TRANSFER OF FUNCTIONS TO

17 OFFICE OF INSPECTOR GENERAL OF THE DE18 PARTMENT OF STATE.

19 (a) ABOLITION OF OFFICE OF INSPECTOR GENERAL

20 OF THE USIA.—

21 (1) The Office of Inspector General of the Unit22 ed States Information Agency is abolished.

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

24 1978 (5 U.S.C. App.) is amended—
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1 (A) in paragraph (1) by striking ‘‘, the Of2 fice of Personnel Management or the United

3 States Information Agency’’ and inserting ‘‘or

4 the Office of Personnel Management’’; and

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

6 United States Information Agency,’’.

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

8 is amended by striking the following:

9 ‘‘Inspector General, United States Information

10 Agency.’’.

11 (b) FUNCTIONS OF OFFICE OF INSPECTOR GENERAL

12 OF THE UNITED STATES INFORMATION AGENCY TRANS13 FERRED TO OFFICE OF INSPECTOR GENERAL OF THE DE14 PARTMENT OF STATE.—There are transferred to the Of15 fice of the Inspector General of the Department of State

16 the functions that the Office of Inspector General of the

17 United States Information Agency exercised before the ef18 fective date of this title (including all related functions of

19 the Inspector General of the United States Information

20 Agency).

21 (c) TRANSFER AND ALLOCATIONS OF APPROPRIA22 TIONS AND PERSONNEL.—The Director of the Office of

23 Management and Budget, in consultation with the Sec24 retary of State, is authorized to make such incidental dis25 positions of personnel, assets, liabilities, grants, contracts,
40

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1 property, records, and unexpended balances of appropria2 tions, authorizations, allocations, and other funds held,

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

4 in connection with such functions, as may be necessary

5 to carry out the provisions of this section.

6 SEC. 343. AMENDMENTS TO TITLE 5.

7 Title 5, United States Code, is amended—

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

9 United States Information Agency.’’;

10 (2) in section 5315, by striking ‘‘Deputy Direc11 tor of the United States Information Agency.’’; and

12 (3) in section 5316, by striking ‘‘Deputy Direc13 tor, Policy and Plans, United States Information

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

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

16 SEC. 344. AMENDMENTS TO UNITED STATES INFORMATION

17 AND EDUCATIONAL EXCHANGE ACT OF 1948.

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

19 this section, the United States Information and Edu20 cational Exchange Act of 1948 (22 U.S.C. 1431 et seq.)

21 is amended—

22 (1) by striking ‘‘United States Information

23 Agency’’ each place it appears and inserting ‘‘De24 partment of State’’;
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1 (2) by striking ‘‘Director of the United States

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

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

5 and inserting ‘‘Secretary of State’’;

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

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

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

9 and inserting ‘‘Department of State’’.

10 (b) SATELLITE AND TELEVISION BROADCASTS.—

11 Section 505 of the United States Information and Edu12 cational Exchange Act of 1948 (22 U.S.C. 1464a) is

13 amended—

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

15 Information Agency’’ each of the places it appears

16 and inserting ‘‘Secretary of State’’;

17 (2) in subsection (b), by striking ‘‘To be effec18 tive, the United States Information Agency’’ and in19 serting ‘‘To be effective in carrying out this sub20 section, the Department of State’’;

21 (3) by striking ‘‘USIA–TV’’ each place it ap22 pears and inserting ‘‘DEPARTMENT OF STATE–

23 TV’’; and

24 (4) by striking subsection (e).
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1 (c) UNITED STATES ADVISORY COMMISSION ON PUB2 LIC DIPLOMACY.—Section 604 of the United States Infor3 mation and Educational Exchange Act of 1948 (22 U.S.C.

4 1469) is amended—

5 (1) in subsection (c)(1)—

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

7 States Information Agency,’’; and

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

9 and shall appraise the effectiveness of policies

10 and programs of the Agency’’ and inserting

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

12 and shall appraise the effectiveness of the infor13 mation, educational, and cultural policies and

14 programs of the Department’’;

15 (2) in subsection (c)(2)—

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

17 Secretary of State, and the Director of the

18 United States Information Agency’’ and insert19 ing ‘‘and the Secretary of State’’;

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

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

22 of State’’; and

23 (C) by striking ‘‘Director for effectuating

24 the purposes of the Agency’’ and inserting

25 ‘‘Secretary for effectuating the information,
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1 educational, and cultural functions of the De2 partment’’;

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

4 conducted by the Agency’’ and inserting ‘‘informa5 tion, educational, and cultural programs conducted

6 by the Department of State’’; and

7 (4) in subsection (c)(4), by striking ‘‘Director

8 of the United States Information Agency’’ and in9 serting ‘‘Secretary of State’’.

10 SEC. 345. AMENDMENTS TO THE MUTUAL EDUCATIONAL

11 AND CULTURAL EXCHANGE ACT OF 1961

12 (FULBRIGHT-HAYS ACT).

13 (a) IN GENERAL.—The Mutual Educational and Cul14 tural Exchange Act of 1961 (22 U.S.C. 2451 et seq.) is

15 amended by striking ‘‘Director of the International Com16 munication Agency’’ and ‘‘Director’’ each place either

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

18 (b) REPEAL OF DEFUNCT ADVISORY COMMIS19 SIONS.—Section 106 of such Act (22 U.S.C. 2456) is

20 amended by striking subsection (c).

21 (c) BUREAU OF EDUCATIONAL AND CULTURAL AF22 FAIRS.—Section 112 of the Mutual Educational and Cul23 tural Exchange Act of 1961 (22 U.S.C. 2460) is amend24 ed—
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1 (1) by striking the first sentence of subsection

2 (a);

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

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

5 (3) by striking subsection (e).

6 SEC. 346. INTERNATIONAL BROADCASTING ACTIVITIES.

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

8 Authorization Act, Fiscal Years 1994 and 1995 (Public

9 Law 103–236) is amended—

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

11 and inserting ‘‘Department’s’’;

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

13 the Director of the United States Information Agen14 cy,’’ and inserting ‘‘, acting through the Under Sec15 retary of State for Public Diplomacy,’’;

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

17 Information Agency’’ each place it appears and in18 serting ‘‘Secretary of State’’;

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

20 Information Agency’’ that were not stricken in para21 graph (3) and inserting ‘‘Department of State’’;

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

23 and inserting ‘‘Office’’; and

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

25 inserting ‘‘title (including activities of the Voice of
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1 America previously carried out by the United States

2 Information Agency),’’.

3 (b) CONFORMING AMENDMENT TO TITLE 5.—Sec4 tion 5315 of title 5, United States Code, is amended by

5 striking ‘‘Director of the International Broadcasting Bu6 reau, the United States Information Agency’’ and insert7 ing ‘‘Director of the International Broadcasting Office,

8 the Department of State’’.

9 SEC. 347. TELEVISION BROADCASTING TO CUBA.

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

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

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

13 amended by striking ‘‘United States Information Agency

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

15 inserting ‘‘Department of State (hereafter in this part re16 ferred to as the ‘Department’)’’.

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

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

19 (1) in subsection (a)—

20 (A) by amending the first sentence to read

21 as follows: ‘‘The Secretary of State shall admin22 ister within the Voice of America the Television

23 Marti Service.’’; and
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1 (B) in the third sentence, by striking ‘‘Di2 rector of the United States Information Agen3 cy’’ and inserting ‘‘Secretary of State’’;

4 (2) in subsection (b)—

5 (A) in the subsection heading, by striking

6 ‘‘USIA’’ and inserting ‘‘DEPARTMENT OF

7 STATE’’,

8 (B) by striking ‘‘Agency facilities’’ and in9 serting ‘‘Department facilities’’; and

10 (C) by striking ‘‘United States Information

11 Agency Television Service’’ and inserting ‘‘De12 partment of State Television Service’’; and

13 (3) in subsection (c)—

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

15 Agency’’ and inserting ‘‘SECRETARY OF STATE

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

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

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

19 (c) ASSISTANCE FROM OTHER GOVERNMENT AGEN20 CIES.—Section 246 of such Act (22 U.S.C. 1465dd) is

21 amended—

22 (1) by striking ‘‘United States Information

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

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

25 Department’’.
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1 (d) AUTHORIZATION OF APPROPRIATIONS.—Section

2 247(a) of such Act (22 U.S.C. 1465ee(a)) is repealed.

3 SEC. 348. RADIO BROADCASTING TO CUBA.

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

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

6 U.S.C. 1465a) is amended—

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

8 STATES INFORMATION AGENCY’’ and inserting ‘‘DE9 PARTMENT OF STATE’’;

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

11 States Information Agency (hereafter in this Act re12 ferred to as the ‘Agency’)’’ and inserting ‘‘Depart13 ment of State (hereafter in this Act referred to as

14 the ‘Department’)’’; and

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

16 the United States Information Agency’’ and insert17 ing ‘‘Secretary of State’’.

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

19 U.S.C. 1465b) is amended—

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

21 follows: ‘‘The Secretary of State shall administer

22 within the Voice of America the Cuba Service (here23 after in this section referred to as the ‘Service’).’’;

24 and
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1 (2) in the third sentence, by striking ‘‘Director

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

4 (c) ASSISTANCE FROM OTHER GOVERNMENT AGEN5 CIES.—Section 6 of such Act (22 U.S.C. 1465d) is amend6 ed—

7 (1) in subsection (a)—

8 (A) by striking ‘‘United States Information

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

10 and

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

12 ‘‘the Department’’; and

13 (2) in subsection (b)—

14 (A) by striking ‘‘The Agency’’ and insert15 ing ‘‘The Department’’; and

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

17 ‘‘the Secretary of State’’.

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

19 Act (22 U.S.C. 1465e) is amended—

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

21 and inserting ‘‘the Department’’; and

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

23 inserting ‘‘Department’’.

24 (e) AUTHORIZATION OF APPROPRIATIONS.—Section

25 8(a) of such Act (22 U.S.C. 1465f(a)) is amended in the
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1 second sentence by striking ‘‘United States Information

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

3 SEC. 349. NATIONAL ENDOWMENT FOR DEMOCRACY.

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

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

6 (1) in subsection (a)—

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

8 States Information Agency’’ and inserting ‘‘Sec9 retary of State’’;

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

11 ‘‘the Department of State’’; and

12 (C) by striking ‘‘the Director’’ and insert13 ing ‘‘the Secretary of State’’; and

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

15 States Information Agency’’ and inserting ‘‘Depart16 ment of State’’.

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

18 4413(g)) is amended by striking ‘‘United States Informa19 tion Agency’’ and inserting ‘‘Department of State’’.

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

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

22 (1) in subsection (b)—

23 (A) by striking ‘‘Director’’ each of the

24 three places it appears and inserting ‘‘Sec25 retary’’; and
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1 (B) by striking ‘‘of the United States In2 formation Agency’’ and inserting ‘‘of State’’;

3 and

4 (2) in subsection (c)—

5 (A) in the subsection heading by striking

6 ‘‘USIA’’ and inserting ‘‘DEPARTMENT OF

7 STATE’’;

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

9 three places it appears and inserting ‘‘Sec10 retary’’;

11 (C) by striking ‘‘of the United States In12 formation Agency’’ and inserting ‘‘of State’’;

13 and

14 (D) by striking ‘‘United States Informa15 tion Agency’’ and inserting ‘‘Department of

16 State’’.

17 SEC. 350. UNITED STATES SCHOLARSHIP PROGRAM FOR

18 DEVELOPING COUNTRIES.

19 (a) PROGRAM AUTHORITY.—Section 603 of the For20 eign Relations Authorization Act, Fiscal Years 1986 and

21 1987 (22 U.S.C. 4703) is amended by striking ‘‘United

22 States Information Agency’’ and inserting ‘‘Department

23 of State’’.

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

25 U.S.C. 4704(11)) is amended by striking ‘‘United States
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1 Information Agency’’ and inserting ‘‘Department of

2 State’’.

3 (c) POLICY REGARDING OTHER INTERNATIONAL

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

5 (22 U.S.C. 4706(b)) is amended—

6 (1) in the subsection heading, by striking

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

8 (2) by striking ‘‘Director of United States In9 formation Agency’’ and inserting ‘‘Secretary of

10 State’’.

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

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

13 States Information Agency’’ and inserting ‘‘Department

14 of State’’.

15 SEC. 351. FASCELL FELLOWSHIP BOARD.

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

17 U.S.C. 4902(b)) is amended—

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

19 ‘‘9 members’’ and inserting ‘‘8 members’’;

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

21 (3) by redesignating paragraph (4) as para22 graph (3).

23 SEC. 352. NATIONAL SECURITY EDUCATION BOARD.

24 Section 803 of the Intelligence Authorization Act,

25 Fiscal Year 1992 (50 U.S.C. 1903(b)) is amended—
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1 (1) in subsection (b)—

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

3 (B) by redesignating paragraphs (7) and

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

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

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

7 SEC. 353. CENTER FOR CULTURAL AND TECHNICAL INTER8 CHANGE BETWEEN NORTH AND SOUTH.

9 Section 208 of the Foreign Relations Authorization

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

11 amended by striking ‘‘Director of the United States Infor12 mation Agency’’ each place it appears and inserting ‘‘Sec13 retary of State’’.

14 SEC. 354. EAST-WEST CENTER.

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

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

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

18 ‘‘Director of the United States Information Agency

19 (hereinafter referred to as the ‘Director’)’’ and in20 serting ‘‘Secretary of State (hereinafter referred to

21 as the ‘Secretary’)’’; and

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

23 and’’.

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

25 U.S.C. 2056) is amended—
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1 (1) by striking ‘‘Director of the United States

2 Information Agency’’ and inserting ‘‘Secretary of

3 State’’; and

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

5 and inserting ‘‘Secretary’’.

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

7 Section 202 of the Foreign Relations Authorization

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

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

10 the International Communication Agency’’ and in11 serting ‘‘mission of the Department of State in car12 rying out its information, educational, and cultural

13 functions’’;

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

15 paragraph (1), by striking ‘‘International Commu16 nication Agency’’ and inserting ‘‘Department of

17 State’’;

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

19 and inserting ‘‘Department’’; and

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

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

22 section’’.

23 SEC. 356. CONSOLIDATION OF ADMINISTRATIVE SERVICES.

24 Section 23(a) of the State Department Basic Au25 thorities Act of 1956 (22 U.S.C. 2695(a)) is amended—
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1 (1) by striking ‘‘(including’’ and all that follows

2 through ‘‘Agency)’’; and

3 (2) by striking ‘‘other such agencies’’ and in4 serting ‘‘other Federal agencies’’.

5 SEC. 357. GRANTS.

6 Section 212 of the Foreign Relations Authorization

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

8 amended—

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

10 States Information Agency’’ and inserting ‘‘Depart11 ment of State, in carrying out its international infor12 mation, educational, and cultural functions,’’;

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

14 States Information Agency’’ and inserting ‘‘Depart15 ment of State’’;

16 (3) in subsection (c)—

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

18 States Information Agency shall substantially

19 comply with United States Information Agen20 cy’’ and inserting ‘‘Department of State, in car21 rying out its international information, edu22 cational, and cultural functions, shall substan23 tially comply with Department of State’’; and

24 (B) in paragraphs (2) and (3)—
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1 (i) by striking ‘‘United States Infor2 mation Agency’’ and inserting ‘‘Depart3 ment of State’’; and

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

5 places it appears and inserting ‘‘Depart6 ment’’; and

7 (4) by striking subsection (d).

8 SEC. 358. BAN ON DOMESTIC ACTIVITIES.

9 Section 208 of the Foreign Relations Authorization

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

11 is amended—

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

13 Agency’’ each of the two places it appears and in14 serting ‘‘Department of State’’; and

15 (2) by inserting ‘‘in carrying out its inter16 national information, educational, and cultural ac17 tivities’’ before ‘‘shall be distributed’’.

18 SEC. 359. CONFORMING REPEAL TO THE ARMS CONTROL

19 AND DISARMAMENT ACT.

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

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

22 SEC. 360. REPEAL RELATING TO PROCUREMENT OF LEGAL

23 SERVICES.

24 Section 26(b) of the State Department Basic Au25 thorities Act of 1956 (22 U.S.C. 2698(b)) is repealed.
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1 SEC. 361. REPEAL RELATING TO PAYMENT OF SUBSIST2 ENCE EXPENSES.

3 Section 32 of the State Department Basic Authorities

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

5 second sentence.

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

7 Section 2(c) of the Support for East European De8 mocracy (SEED) Act of 1989 (22 U.S.C. 5401(c)) is

9 amended in paragraph (17) by striking ‘‘United States In10 formation Agency’’ and inserting ‘‘Department of State’’.

11 SEC. 363. INTERNATIONAL CULTURAL AND TRADE CENTER

12 COMMISSION.

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

14 (40 U.S.C. 1106(c)) is amended—

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

16 striking ‘‘15 members’’ and inserting ‘‘14 mem17 bers’’;

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

19 (3) by redesignating subparagraphs (G)

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

21 respectively.

22 SEC. 364. FOREIGN SERVICE ACT OF 1980.

23 (a) OTHER AGENCIES UTILIZING SERVICE.—Section

24 202(a) of the Foreign Service Act of 1980 (22 U.S.C.

25 3922(a)) is amended by striking paragraph (1).
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1 (b) BOARD OF THE FOREIGN SERVICE.—Section 210

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

3 United States Information Agency, the United States

4 International Development Cooperation Agency,’’.

5 SEC. 365. AU PAIR PROGRAMS.

6 Section 8 of the Eisenhower Exchange Fellowship

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

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

9 inserting ‘‘Secretary of State’’.

10 SEC. 366. EXCHANGE PROGRAM WITH COUNTRIES IN TRAN11 SITION FROM TOTALITARIANISM TO DEMOC12 RACY.

13 Section 602 of the National and Community Service

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

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

16 striking ‘‘United States Information Agency’’ and

17 inserting ‘‘Department of State’’; and

18 (2) in subsection (b)—

19 (A) by striking ‘‘appropriations account of

20 the United States Information Agency’’ and in21 serting ‘‘appropriate appropriations account of

22 the Department of State’’; and

23 (B) by striking ‘‘and the United States In24 formation Agency’’.
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1 SEC. 367. EDMUND S. MUSKIE FELLOWSHIP PROGRAM.

2 Section 227 of the Foreign Relations Authorization

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

4 is amended—

5 (1) by striking ‘‘United States Information

6 Agency’’ each place it appears and inserting ‘‘De7 partment of State’’; and

8 (2) by striking subsection (d).

9 SEC. 368. IMPLEMENTATION OF CONVENTION ON CUL10 TURAL PROPERTY.

11 Title III of the Convention on Cultural Property Im12 plementation Act (19 U.S.C. 2601 et seq.) is amended by

13 striking ‘‘Director of the United States Information Agen14 cy’’ each place it appears and inserting ‘‘Secretary of

15 State’’.

16 SEC. 369. MIKE MANSFIELD FELLOWSHIPS.

17 Section 252(a) of the Foreign Relations Authoriza18 tion Act, Fiscal Years 1994 and 1995 (22 U.S.C. 6101(a))

19 is amended by striking ‘‘Director of the United States In20 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 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 (2) the following new paragraph:

21 ‘‘(3) UNDER SECRETARY FOR DEVELOPMENT

22 AND ECONOMIC AFFAIRS.—There shall be in the De23 partment of State an Under Secretary for Develop24 ment and Economic Affairs who shall assist the Sec25 retary and the Deputy Secretary in the formation
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1 and implementation of United States policies and ac2 tivities concerning international development and

3 economic affairs.’’.

4 (b) TRANSITION PROVISION.—The President may ap5 point the individual serving as Administrator of the Agen6 cy for International Development on the day before the

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

8 by and with the advice and consent of the Senate and serv9 ing within the Department of State or the Agency for

10 International Development as the President considers ap11 propriate, to serve as the acting Under Secretary for De12 velopment and Economic Affairs until an individual is ap13 pointed to that office in accordance with section 1(b)(1)

14 of the State Department Basic Authorities Act of 1956,

15 as amended by this Act.

16 CHAPTER 4—CONFORMING AMENDMENTS

17 SEC. 441. REFERENCES.

18 Any reference in any statute, reorganization plan,

19 Executive order, regulation, agreement, determination, or

20 other official document or proceeding to—

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

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

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

5 (3) the Agency for International Development,

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

8 1961, or the International Development Cooperation

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

11 SEC. 442. ABOLITION OF OFFICE OF INSPECTOR GENERAL

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

14 TO OFFICE OF INSPECTOR GENERAL OF THE

15 DEPARTMENT OF STATE.

16 (a) ABOLITION OF OFFICE OF INSPECTOR GENERAL

17 OF THE AGENCY FOR INTERNATIONAL DEVELOPMENT.—

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

20 (b) AMENDMENTS TO THE INSPECTOR GENERAL ACT

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

22 App.) is amended as follows:

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

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

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

5 Agency for International Development,’’.

6 (c) AMENDMENTS TO TITLE 5, UNITED STATES

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

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

9 Agency for International Development.’’.

10 (d) FUNCTIONS OF OFFICE OF INSPECTOR GENERAL

11 OF THE AGENCY FOR INTERNATIONAL DEVELOPMENT

12 TRANSFERRED TO OFFICE OF INSPECTOR GENERAL OF

13 THE DEPARTMENT OF STATE.—There are transferred to

14 the Office of Inspector General of the Department of State

15 the functions that the Office of Inspector General of the

16 Agency for International Development exercised before the

17 effective date of this title (including all related functions

18 of the Inspector General of the Agency for International

19 Development).

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

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

4 SEC. 443. ABOLITION OF CHIEF FINANCIAL OFFICER OF

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

7 CHIEF FINANCIAL OFFICER DEPARTMENT OF

8 STATE.

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

13 (b) AMENDMENT TO TITLE 31, UNITED STATES

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

15 is amended by striking subparagraph (A).

16 (c) FUNCTIONS OF OFFICE OF CHIEF FINANCIAL

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

19 OFFICER OF THE DEPARTMENT OF STATE.—There are

20 transferred to the Office of Chief Financial Officer of the

21 Department of State the functions that the Office of Chief

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

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

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

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

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

9 in connection with such functions, as may be necessary

10 to carry out the provisions of this section.

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

12 Title 5, United States Code, is amended—

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

14 Agency for International Development.’’;

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

18 (3) in section 5315—

19 (A) by striking ‘‘Assistant Administrators,

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

21 and

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

3 SEC. 445. PUBLIC LAW 480 PROGRAM.

4 The Agricultural Trade Development and Assistance

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

6 is amended by striking ‘‘Administrator’’ each place it ap7 pears and inserting ‘‘Under Secretary of State for Devel8 opment and Economic Affairs’’.

9 TITLE V—TRANSITION

10 SEC. 501. REORGANIZATION AUTHORITY.

11 (a) IN GENERAL.—The Secretary is authorized, sub12 ject to the requirements of this division, to allocate or re13 allocate any function transferred to the Department under

14 any title of this division among the officers of the Depart15 ment, and to establish, consolidate, alter, or discontinue

16 such organizational entities within the Department as may

17 be necessary or appropriate to carry out any reorganiza18 tion under this division, but the authority of the Secretary

19 under this section does not extend to—

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

22 (2) the alteration of the delegation of functions

23 to any specific organizational entity or officer re24 quired by this Act or any other Act.
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1 (b) REQUIREMENTS AND LIMITATIONS ON REORGA2 NIZATION PLANS.—A reorganization plan pursuant to any

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

4 (1) creating a new executive department;

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

7 when it would have terminated if the reorganization

8 had not been made;

9 (3) authorizing an agency to exercise a function

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

11 is transmitted to Congress;

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

14 or independent agency; or

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

16 provided by law for the office.

17 (c) REDUCTION IN EXPENDITURES.—A reorganiza18 tion plan pursuant to any title of this division shall provide

19 for a twenty-percent reduction to apply to each of the first

20 two fiscal years after implementation of such plan in the

21 total level of expenditures for the functions transferred to

22 the Department of State from amounts appropriated for

23 such transferred functions for fiscal year 1995.
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1 SEC. 502. TRANSFER AND ALLOCATION OF APPROPRIA2 TIONS AND PERSONNEL.

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

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

5 the assets, liabilities, contracts, property, records, and un6 expended balance of appropriations, authorizations, alloca7 tions, and other funds employed, held, used, arising from,

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

9 the functions and offices, or portions thereof transferred

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

11 31, United States Code, shall be transferred to the Sec12 retary for appropriate allocation.

13 (b) LIMITATION ON USE OF TRANSFERRED

14 FUNDS.—Unexpended and unobligated funds transferred

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

16 for the purposes for which the funds were originally au17 thorized and appropriated.

18 (c) AUTHORIZED STRENGTH OF THE FOREIGN SERV19 ICE.—When an agency is abolished under this division, the

20 limitations for fiscal years 1996 and 1997 under section

21 2351 of this Act on the members of the Foreign Service

22 authorized to be employed by such agency shall be added

23 to the limitations under such section which apply to the

24 Department of State.
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1 SEC. 503. INCIDENTAL TRANSFERS.

2 The Director of the Office of Management and Budg3 et, in consultation with the Secretary of State, is author4 ized to make such incidental dispositions of personnel, as5 sets, liabilities, grants, contracts, property, records, and

6 unexpended balances of appropriations, authorizations, al7 locations, and other funds held, used, arising from, avail8 able to, or to be made available in connection with such

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

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

11 Management and Budget, in consultation with the Sec12 retary of State, shall provide for the termination of the

13 affairs of all entities terminated by this division and for

14 such further measures and dispositions as may be nec15 essary to effectuate the purposes of any title of this divi16 sion.

17 SEC. 504. EFFECT ON PERSONNEL.

18 (a) EXECUTIVE SCHEDULE POSITIONS.—Except as

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

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

21 functions of which are transferred under any title of this

22 division, held a position compensated in accordance with

23 the Executive Schedule prescribed in chapter 53 of title

24 5, United States Code, and who, without a break in serv25 ice, is appointed in the Department to a position having

26 duties comparable to the duties performed immediately
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1 preceding such appointment shall continue to be com2 pensated in such new position at not less than the rate

3 provided for such previous position, for the duration of

4 the service of such person in such new position.

5 (b) TERMINATION OF CERTAIN POSITIONS.—Posi6 tions whose incumbents are appointed by the President,

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

8 functions of which are transferred by any title of this divi9 sion, shall terminate on the effective date of that title.

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

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

12 excepted service or the Senior Executive Service, any ap13 pointment authority established pursuant to law or regula14 tions of the Office of Personnel Management for filling

15 such positions shall be transferred.

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

17 of authority under paragraph (1) (and the employees ap18 pointed pursuant thereto) to the extent that such author19 ity relates to positions excepted from the competitive serv20 ice because of their confidential, policy-making, policy-de21 termining, or policy-advocating character, and noncareer

22 positions in the Senior Executive Service (within the

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

24 Code).
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1 (d) EMPLOYEE BENEFIT PROGRAMS.—(1) Any em2 ployee accepting employment with the Department of

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

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

5 transfer occurs membership in any employee benefit pro6 gram of the former agency, including insurance, to which

7 such employee belongs on the date of the enactment of

8 this Act if—

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

10 benefit or membership in the program; and

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

12 Secretary of State.

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

14 which would have been provided by such agency or entity

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

16 Secretary of State. If any employee elects to give up mem17 bership in a health insurance program or the health insur18 ance program is not continued by the Secretary of State,

19 the employee shall be permitted to select an alternate Fed20 eral health insurance program within 30 days of such elec21 tion or notice, without regard to any other regularly sched22 uled open season.

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

24 the career Senior Executive Service who is transferred

25 pursuant to any title of this division shall be placed in
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1 a position at the Department of State which is comparable

2 to the position the employee held in the agency.

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

4 be provided reasonable notice of new positions and assign5 ments prior to their transfer pursuant to any title of this

6 division.

7 (2) Foreign Service personnel transferred to the De8 partment of State pursuant to any title of this division

9 shall be eligible for any assignment open to Foreign Serv10 ice personnel within the Department for which such trans11 ferred personnel are qualified.

12 (g) TREATMENT OF PERSONNEL EMPLOYED IN TER13 MINATED FUNCTIONS.—The provisions of this subsection

14 shall apply with respect to officers and employees of the

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

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

17 the reorganization and consolidation of functions of the

18 Department of State under any title of this division:

19 (1) Under such regulations as the Office of Per20 sonnel Management may prescribe, the head of any

21 agency in the executive branch may appoint in the

22 competitive service any person who is certified by

23 the head of the former agency as having served sat24 isfactorily in the former agency and who passes such

25 examination as the Office of Personnel Management
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1 may prescribe. Any person so appointed shall, upon

2 completion of the prescribed probationary period, ac3 quire a competitive status.

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

5 branch having an established merit system in the ex6 cepted service may appoint in such service any per7 son who is certified by the head of the former agen8 cy as having served satisfactorily in the former agen9 cy and who passes such examination as the head of

10 such agency in the executive branch may prescribe.

11 (3) Any appointment under this subsection

12 shall be made within a period of one year after com13 pletion of the appointee’s service in the former agen14 cy.

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

16 which would disqualify an applicant for appointment

17 in the competitive service or in the excepted service

18 concerned shall also disqualify an applicant for ap19 pointment under this subsection.

20 SEC. 505. SAVINGS PROVISIONS.

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

22 orders, determinations, rules, regulations, permits, agree23 ments, grants, contracts, certificates, licenses, registra24 tions, privileges, and other administrative actions—
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1 (1) that have been issued, made, granted, or al2 lowed to become effective by the President, any Fed3 eral agency or official thereof, or by a court of com4 petent jurisdiction, in the performance of functions

5 that are transferred under any title of this division;

6 and

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

8 takes effect, or were final before the effective date

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

10 the effective date of such title,

11 shall continue in effect according to their terms until

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

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

14 other authorized official, a court of competent jurisdiction,

15 or by operation of law.

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

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

18 including notices of proposed rulemaking, or any applica19 tion for any license, permit, certificate, or financial assist20 ance pending on the effective date of any title of this divi21 sion before any department, agency, commission, or com22 ponent thereof, functions of which are transferred by any

23 title of this division. Such proceedings and applications,

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

25 shall be continued.
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1 (2) Orders shall be issued in such proceedings, ap2 peals shall be taken therefrom, and payments shall be

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

4 enacted. Orders issued in any such proceedings shall con5 tinue in effect until modified, terminated, superseded, or

6 revoked by the Secretary, by a court of competent jurisdic7 tion, or by operation of law.

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

9 the discontinuance or modification of any such proceeding

10 under the same terms and conditions and to the same ex11 tent that such proceeding could have been discontinued

12 or modified if this Act had not been enacted.

13 (4) The Secretary is authorized to promulgate regula14 tions providing for the orderly transfer of proceedings con15 tinued under this subsection to the Department.

16 (c) NO EFFECT ON JUDICIAL PROCEEDINGS.—Ex17 cept as provided in subsection (e)—

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

19 suits commenced prior to the effective date of this

20 Act, and

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

22 appeals taken, and judgments rendered in the same

23 manner and effect as if this Act had not been en24 acted.
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1 (d) NON-ABATEMENT OF PROCEEDINGS.—No suit,

2 action, or other proceeding commenced by or against any

3 officer in the official capacity of such individual as an offi4 cer of any department or agency, functions of which are

5 transferred by any title of this division, shall abate by rea6 son of the enactment of this Act. No cause of action by

7 or against any department or agency, functions of which

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

9 against any officer thereof in the official capacity of such

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

11 (e) CONTINUATION OF PROCEEDING WITH SUBSTI12 TUTION OF PARTIES.—If, before the date on which any

13 title of this division takes effect, any department or agen14 cy, or officer thereof in the official capacity of such officer,

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

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

17 Secretary or any other official of the Department, then

18 such suit shall be continued with the Secretary or other

19 appropriate official of the Department substituted or

20 added as a party.

21 (f) REVIEWABILITY OF ORDERS AND ACTIONS

22 UNDER TRANSFERRED FUNCTIONS.—Orders and actions

23 of the Secretary in the exercise of functions transferred

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

25 review to the same extent and in the same manner as if
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1 such orders and actions had been by the agency or office,

2 or part thereof, exercising such functions immediately pre3 ceding their transfer. Any statutory requirements relating

4 to notice, hearings, action upon the record, or administra5 tive review that apply to any function transferred by any

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

7 function by the Secretary.

8 SEC. 506. PROPERTY AND FACILITIES.

9 The Secretary of State shall review the property and

10 facilities transferred to the Department under this division

11 to determine whether such property and facilities are re12 quired by the Department.

13 SEC. 507. AUTHORITY OF SECRETARY TO FACILITATE

14 TRANSITION.

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

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

17 utilize—

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

19 other personnel of an agency with respect to func20 tions that will be or have been transferred to the De21 partment by any title of this division; and

22 (2) funds appropriated to such functions for

23 such period of time as may reasonably be needed to

24 facilitate the orderly implementation of any title of

25 this division.
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1 SEC. 508. RECOMMENDATIONS FOR ADDITIONAL CON2 FORMING AMENDMENTS.

3 The Congress urges the President, in consultation

4 with the Secretary of State and the heads of other appro5 priate agencies, to develop and submit to the Congress rec6 ommendations for such additional technical and conform7 ing amendments to the laws of the United States as may

8 be appropriate to reflect the changes made by this divi9 sion.

10 SEC. 509. FINAL REPORT.

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

12 consultation with the Secretary of the Treasury and the

13 Director of the Office of Management and Budget shall

14 submit to the appropriate congressional committees a re15 port which provides a final accounting of the finances and

16 operations of the United States Arms Control and Disar17 mament Agency, the United States Information Agency,

18 and the Agency for International Development.

19 SEC. 510. TRANSFER OF FUNCTION.

20 Any determination as to whether a transfer of func21 tion, carried out under this Act, constitutes a transfer of

22 function for purposes of subchapter I of chapter 35 of title

23 5, United States Code, shall be made without regard to

24 whether or not the function involved is identical to func25 tions already being performed by the receiving agency.
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1 SEC. 511. SEVERABILITY.

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

3 person or circumstance is held invalid, neither the remain4 der of this division nor the application of the provision

5 to other persons or circumstances shall be affected.

6 TITLE VI—REORGANIZATION OF

7 UNITED STATES EXPORT PRO8 MOTION AND TRADE ACTIVI9 TIES

10 SEC. 601. PLAN FOR REORGANIZATION OF UNITED STATES

11 EXPORT PROMOTION AND TRADE ACTIVI12 TIES.

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

14 findings:

15 (1) Supporting American businesses overseas

16 and assisting United States exporters to identify

17 market opportunities is of increasing importance to

18 America’s economic health and competitiveness, and

19 to the well-being of American workers.

20 (2) At least 18 different government-sponsored

21 organizations or agencies, including the Department

22 of State, spend over $3,300,000,000 to provide sup23 port to American exporters and international busi24 nesses. In the past, poor coordination among these

25 organizations and a lack of accessibility often hin-
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1 dered the effectiveness of the Government’s trade

2 promotion activities.

3 (3) Recent efforts to improve coordination be4 tween many of these organizations and to increase

5 their availability to exporters around the country

6 were begun through the Trade Promotion Coordina7 tion Council. These efforts appear to have generated

8 some improvement in the Government’s trade pro9 motion capabilities.

10 (4) Broader governmentwide reform efforts,

11 such as the reorganization of the Department of

12 State, and future funding questions currently being

13 addressed in Congress may affect different trade

14 promotion organizations to varying degrees.

15 (b) REPORT REQUIRED.—In order to fully assess the

16 organizational structure, capability, and spending levels of

17 United States Government trade promotion organizations,

18 the Trade Promotion Coordinating Committee, not later

19 than March 1, 1996, shall submit to the Committee on

20 International Relations of the House of Representatives,

21 the Committee on Foreign Relations of the Senate, and

22 to other appropriate committees of jurisdiction, a report

23 detailing what steps are being taken to improve accessibil24 ity and coordination among all trade promotion organiza25 tions and agencies, the relationship between such agencies
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1 and the Department of State, what additional measures

2 should be taken to further improve the efficiency of and

3 reduce duplication among these organizations and agen4 cies, and any suggested legislative actions that would fur5 ther improve the Department of State and other agencies

6 export and trade promotion activities.

7 (c) CONTENT OF REPORT.—The report required by

8 subsection (b) shall—

9 (1) identify the name, number, function, and

10 budget of all Government organizations or agencies

11 with some responsibility for supporting, advancing,

12 or promoting international trade or United States

13 exports;

14 (2) assess the amount of exports directly gen15 erated by the activities of each organization or agen16 cy;

17 (3) describe the overall impact of the Govern18 ment’s trade and export promotion programs on in19 creasing exports and overseas market share;

20 (4) identify areas where increased cooperation

21 and interoperability would improve United States ex22 port promotion efforts;

23 (5) identify areas where greater efficiencies can

24 be achieved through the elimination of duplication
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1 among the organizations and agencies included in

2 paragraph (1);

3 (6) identify ways to improve the audit and ac4 countability mechanisms for each organization or

5 agency, with particular emphasis on ensuring inde6 pendent oversight capabilities for each organization;

7 (7) assess the trade and export promotion ac8 tivities of the major trade partners and competitors

9 of the United States, including amounts of tied aid

10 and export subsidization provided by the govern11 ments of those trade partners and competitors; and

12 (8) provide a plan to reorganize the United

13 States trade and export promotion organizations and

14 agencies, with legislative requirements if necessary,

15 in order to more efficiently promote trade, increase

16 organizational assessability, organize bureaucratic

17 effort, and expend public resources in support of

18 American exporters and international business.

19 DIVISION B—FOREIGN

20 RELATIONS AUTHORIZATIONS

21 TITLE XX—GENERAL

22 PROVISIONS

23 SEC. 2001. SHORT TITLE.

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

25 Authorization Act, Fiscal Years 1996 and 1997’’.
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1 SEC. 2002. DEFINITIONS.

2 The following terms have the following meaning for

3 the purposes of this division:

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

5 International Development.

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

7 States Arms Control and Disarmament Agency.

8 (3) The term ‘‘appropriate congressional com9 mittees’’ means the Committee on International Re10 lations of the House of Representatives and the

11 Committee of Foreign Relations of the Senate.

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

14 (5) The term ‘‘Federal agency’’ has the mean15 ing given to the term ‘‘agency’’ by section 551(1) of

16 title 5, United States Code.

17 (6) The term ‘‘function’’ means any duty, obli18 gation, power, authority, responsibility, right, privi19 lege, activity, or program.

20 (7) The term ‘‘office’’ includes any office, ad21 ministration, agency, institute, unit, organizational

22 entity, or component thereof.

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

24 of State.

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

26 Information Agency.
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1 TITLE XXI—AUTHORIZATION OF

2 APPROPRIATIONS FOR DE3 PARTMENT OF STATE AND

4 CERTAIN INTERNATIONAL AF5 FAIRS FUNCTIONS AND AC6 TIVITIES

7 CHAPTER 1—AUTHORIZATIONS OF

8 APPROPRIATIONS

9 SEC. 2101. ADMINISTRATION OF FOREIGN AFFAIRS.

10 The following amounts are authorized to be appro11 priated for the Department of State under ‘‘Administra12 tion of Foreign Affairs’’ to carry out the authorities, func13 tions, duties, and responsibilities in the conduct of the for14 eign affairs of the United States and for other purposes

15 authorized by law, including the diplomatic security pro16 gram:

17 (1) DIPLOMATIC AND CONSULAR PROGRAMS.—

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

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

22 $1,656,903,000 for the fiscal year 1997.

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

25 $5,000,000 for fiscal year 1996 and $5,000,000
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1 for fiscal year 1997 are authorized to be appro2 priated for the purpose of processing immigrant

3 visas for persons who are outside their coun4 tries of nationality, have asserted a fear of re5 turning to their countries of nationality and a

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

8 (2) SALARIES AND EXPENSES.—

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

11 Department of State $366,276,000 for the fis12 cal year 1996 and $335,287,000 for the fiscal

13 year 1997.

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

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

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

18 to be appropriated for salaries and expenses of

19 the Bureau of Refugee and Migration Assist20 ance.

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

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

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

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

4 year 1996 and $376,760,000 for the fiscal year

5 1997.

6 (5) REPRESENTATION ALLOWANCES.—For

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

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

9 1997.

10 (6) EMERGENCIES IN THE DIPLOMATIC AND

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

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

14 (7) OFFICE OF THE INSPECTOR GENERAL.—

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

16 for the fiscal year 1996 and $21,469,000 for the fis17 cal year 1997.

18 (8) PAYMENT TO THE AMERICAN INSTITUTE IN

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

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

21 and $13,710,000 for the fiscal year 1997.

22 (9) PROTECTION OF FOREIGN MISSIONS AND

23 OFFICIALS.—For ‘‘Protection of Foreign Missions

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

25 and $9,579,000 for the fiscal year 1997.
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1 (10) REPATRIATION LOANS.—For ‘‘Repatri2 ation Loans’’, $776,000 for the fiscal year 1996 and

3 $776,000 for the fiscal year 1997, for administrative

4 expenses.

5 SEC. 2102. INTERNATIONAL ORGANIZATIONS, PROGRAMS,

6 AND CONFERENCES.

7 (a) ASSESSED CONTRIBUTIONS TO INTERNATIONAL

8 ORGANIZATIONS.—There are authorized to be appro9 priated for ‘‘Contributions to International Organiza10 tions’’, $873,505,000 for the fiscal year 1996 and

11 $828,388,000 for the fiscal year 1997 for the Department

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

13 responsibilities in the conduct of the foreign affairs of the

14 United States with respect to international organizations

15 and to carry out other authorities in law consistent with

16 such purposes.

17 (b) VOLUNTARY CONTRIBUTIONS TO INTER18 NATIONAL ORGANIZATIONS.—

19 (1) AUTHORIZATION OF APPROPRIATIONS.—

20 There are authorized to be appropriated for ‘‘Vol21 untary Contributions to International Organiza22 tions’’, $309,375,000 for the fiscal year 1996 and

23 $290,680,000 for the fiscal year 1997.

24 (2) LIMITATIONS.—

25 (A) UNICEF.—
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1 (i) Of the amounts authorized to be

2 appropriated under paragraph (1),

3 $103,000,000 for fiscal year 1996 and

4 $103,000,000 for fiscal year 1997 is au5 thorized to be appropriated for the United

6 Nations Children’s Fund (UNICEF).

7 (ii) For fiscal year 1996, not more

8 than 25 percent of the amount under

9 clause (i) may be made available to the

10 United Nations Children’s Fund

11 (UNICEF) until 30 days after the submis12 sion to Congress of the report required by

13 section 2523.

14 (B) INTERNATIONAL ATOMIC ENERGY

15 AGENCY.—

16 (i) Of the amounts authorized to be

17 appropriated under paragraph (1),

18 $43,000,000 for each of fiscal years 1996

19 and 1997 is authorized to be appropriated

20 for the International Atomic Energy Agen21 cy (IAEA).

22 (ii) Amounts under clause (i) are au23 thorized to be made available to the Inter24 national Atomic Energy Agency only if the

25 Secretary determines and reports to the
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1 appropriate congressional committees that

2 Israel is not being denied its right to par3 ticipate in the activities of the Inter4 national Atomic Energy Agency.

5 (C) WAR CRIMES TRIBUNALS.—Of the

6 amounts authorized to be appropriated under

7 paragraph (1), $15,000,000 for fiscal year

8 1996 and $15,000,000 for fiscal year 1997, or

9 25 percent of the combined budgets for the tri10 bunals for each such fiscal year, whichever

11 amount is less, are authorized for the United

12 Nations Voluntary Fund for the United Nations

13 International Criminal Tribunal for the Former

14 Yugoslavia and the United Nations Inter15 national Criminal Tribunal for Rwanda, located

16 at The Hague, Netherlands.

17 (D) WORLD FOOD PROGRAM.—Of the

18 amounts authorized to be appropriated under

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

20 and $5,000,000 for fiscal year 1997 are author21 ized to be appropriated for the World Food

22 Program.

23 (E) UNITED NATIONS VOLUNTARY FUND

24 FOR VICTIMS OF TORTURE.—Of the amounts

25 authorized to be appropriated under paragraph
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1 (1) $1,500,000 for fiscal year 1996 and

2 $3,000,000 for fiscal year 1997 are authorized

3 to be appropriated for the United Nations Vol4 untary Fund for Victims of Torture.

5 (F) UNITED NATIONS POPULATION

6 FUND.—

7 (i) Of the amounts authorized to be

8 appropriated under paragraph (1) not

9 more than $25,000,000 for each of the fis10 cal years 1996 and 1997 shall be available

11 for the United Nations Population Fund

12 (UNFPA).

13 (ii) Of the amount made available for

14 the United Nations Population Fund under

15 clause (i)—

16 (I) for fiscal year 1996, not more

17 than 50 percent of such amount may

18 be disbursed to the Fund before

19 March 1, 1996; and

20 (II) for fiscal year 1997, not

21 more than 50 percent of such amount

22 may be disbursed to the Fund before

23 March 1, 1997.

24 (G) ORGANIZATION FOR AMERICAN

25 STATES.—Of the amounts authorized to be ap-
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1 propriated under paragraph (1), $15,000,000

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

3 year 1997 are authorized to be appropriated for

4 the Organization for American States.

5 (H) LIMITATION CONCERNING USE OF

6 FUNDS UNDER SECTION 307 OF THE FOREIGN

7 ASSISTANCE ACT OF 1961.—Notwithstanding

8 any other provision of law or of this Act, none

9 of the funds authorized to be appropriated

10 under paragraph (1) are authorized to be ap11 propriated for the United States proportionate

12 share, in accordance with section 307(c) of the

13 Foreign Assistance Act of 1961, for any pro14 grams identified in section 307, or for Libya,

15 Iran, or any Communist country listed in sec16 tion 620(f) of the Foreign Assistance Act of

17 1961.

18 (I) UNITED NATIONS DEVELOPMENT PRO19 GRAM.—

20 (i) TOTAL LIMITATION.—Of the

21 amounts authorized to be appropriated

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

23 years 1996 and 1997 not to exceed

24 $70,000,000 shall be available for the

25 United Nations Development Program.
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1 (ii) BURMA.—

2 (I) Subject to subclauses (II) and

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

4 and 1997 none of the funds made

5 available for United Nations Develop6 ment Program (or United Nations

7 Development Program—Administered

8 Funds) shall be available for pro9 grams and activities in or for Burma.

10 (II) Of the amount made avail11 able for United Nations Development

12 Program (and United Nations Devel13 opment Program—Administered

14 Funds) for fiscal year 1996,

15 $18,200,000 of such amount shall be

16 disbursed only if the President cer17 tifies to the Congress that the United

18 Nations Development Program has

19 terminated its activities in and for

20 Burma.

21 (III) Of the amount made avail22 able for United Nations Development

23 Program (and United Nations Devel24 opment Program—Administered

25 Funds) for fiscal year 1997,
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1 $25,480,000 shall be disbursed only

2 if the President certifies to the

3 Congress that the United Nations

4 Development Program has terminated

5 its activities in and for Burma.

6 (3) AVAILABILITY OF FUNDS.—Amounts au7 thorized to be appropriated under paragraph (1) are

8 authorized to remain available until expended.

9 (c) ASSESSED CONTRIBUTIONS FOR INTERNATIONAL

10 PEACEKEEPING ACTIVITIES.—

11 (1) AUTHORIZATION OF APPROPRIATIONS.—

12 There are authorized to be appropriated for ‘‘Con13 tributions for International Peacekeeping Activities’’,

14 $445,000,000 for the fiscal year 1996 and

15 $300,000,000 for the fiscal year 1997 for the De16 partment of State to carry out the authorities, func17 tions, duties, and responsibilities in the conduct of

18 the foreign affairs of the United States with respect

19 to international peacekeeping activities and to carry

20 out other authorities in law consistent with such

21 purposes.

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

23 to be appropriated under paragraph (1) may be

24 made available for contributions to the United Na25 tions Protection Force unless the President deter-
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1 mines and reports to the Congress during the cal2 endar year in which the funds are to be provided

3 that—

4 (A) the Government of Bosnia and

5 Herzegovina supports the continued presence of

6 the United Nations Protection Force within its

7 territory;

8 (B) the United Nations Protection Force is

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

11 776, 781, 786, and 836, and is effectively en12 couraging compliance with United Nations Se13 curity Council resolutions 752, 757, 770, 771,

14 787, 820, and 824;

15 (C) the United Nations Protection Force is

16 providing full cooperation and support consist17 ent with its mandate to the efforts of the Unit18 ed Nations War Crimes Tribunal for the former

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

21 (D) the United Nations Protection Force

22 is providing full cooperation and support con23 sistent with its mandate to United States diplo24 matic, military, and relief personnel in Bosnia;

25 and
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1 (E) the United Nations Protection Force

2 has investigated and taken appropriate action

3 against any United Nations Protection Force

4 personnel or units suspected of participating in

5 illegal or improper activities, such as black

6 marketeering, embezzlement, expropriation of

7 property, and assaults on civilians.

8 (d) PEACEKEEPING OPERATIONS.—There are au9 thorized to be appropriated for ‘‘Peacekeeping Oper10 ations’’, $68,260,000 for the fiscal year 1996 and

11 $62,260,000 for the fiscal year 1997 for the Department

12 of State to carry out section 551 of Public Law 87–195.

13 (e) INTERNATIONAL CONFERENCES AND CONTIN14 GENCIES.—

15 (1) GENERAL PROVISION.—There are author16 ized to be appropriated for ‘‘International Con17 ferences and Contingencies’’, $5,000,000 for the fis18 cal year 1996 and $5,000,000 for the fiscal year

19 1997 for the Department of State to carry out the

20 authorities, functions, duties, and responsibilities in

21 the conduct of the foreign affairs of the United

22 States with respect to international conferences and

23 contingencies and to carry out other authorities in

24 law consistent with such purposes.

25 (2) CONDITIONAL AUTHORITY.—
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1 (A) Subject to subparagraph (B), in addi2 tion to such amounts as are authorized to be

3 appropriated under paragraph (1), there is au4 thorized to be appropriated for ‘‘International

5 Conferences and Contingencies’’, $1,000,000

6 for the fiscal year 1996 for the Department of

7 State to carry out the authorities, functions,

8 duties, and responsibilities in the conduct of the

9 foreign affairs of the United States with respect

10 to international conferences and contingencies

11 and to carry out other authorities in law con12 sistent with such purposes.

13 (B) The authorization of appropriations

14 under subparagraph (A) shall take effect only

15 after the Secretary of State certifies to the ap16 propriate congressional committees with respect

17 to any United Nations Fourth Conference on

18 Women that is held in Beijing that—

19 (i) no funds of the Department of

20 State were expended for travel by any

21 United States official or delegate to the

22 Fourth World Conference on Women, to be

23 held in Beijing, August and September

24 1995, or
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1 (ii)(I) that the United States vigor2 ously urged the United Nations to grant

3 accreditation to a wide range of nongovern4 mental organizations, including United

5 States-based groups representing Taiwan6 ese and Tibetan women, in accordance

7 with relevant international standards and

8 precedents;

9 (II) that the United States pressed

10 the Government of China to issue visas eq11 uitably to representatives of accredited

12 nongovernmental organizations;

13 (III) that the United States encour14 aged the Government of China and the

15 United Nations to provide the accredited

16 nongovernmental organizations with access

17 to the main conference site that is substan18 tially equivalent in manner and degree to

19 access afforded at previous major United

20 Nations conferences;

21 (IV) that the United States delegation

22 to the Fourth World Conference on

23 Women vigorously and publicly supported

24 access by representatives of accredited

25 nongovernmental organizations to the con-
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1 ference, especially with respect to United

2 States nongovernmental organizations;

3 (V) that the United States delegation

4 to the Fourth World Conference on

5 Women vigorously promoted universal re6 spect for internationally recognized human

7 rights, including the rights of women; and

8 (VI) that, if the goals of subpara9 graphs (I), (II), or (III) were not fully ac10 complished, the United States issued a for11 mal, public, protest to the United Nations

12 for such a departure from accepted inter13 national standards.

14 (f) FOREIGN CURRENCY EXCHANGE RATES.—In ad15 dition to amounts otherwise authorized to be appropriated

16 by subsections (a) and (b) of this section, there are au17 thorized to be appropriated such sums as may be nec18 essary for each of the fiscal years 1996 and 1997 to offset

19 adverse fluctuations in foreign currency exchange rates.

20 Amounts appropriated under this subsection shall be avail21 able for obligation and expenditure only to the extent that

22 the Director of the Office of Management and Budget de23 termines and certifies to Congress that such amounts are

24 necessary due to such fluctuations.
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1 SEC. 2103. INTERNATIONAL COMMISSIONS.

2 The following amounts are authorized to be appro3 priated under ‘‘International Commissions’’ for the De4 partment of State to carry out the authorities, functions,

5 duties, and responsibilities in the conduct of the foreign

6 affairs of the United States and for other purposes author7 ized by law:

8 (1) INTERNATIONAL BOUNDARY AND WATER

9 COMMISSION, UNITED STATES AND MEXICO.—For

10 ‘‘International Boundary and Water Commission,

11 United States and Mexico’’—

12 (A) for ‘‘Salaries and Expenses’’

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

14 $19,372,000 for the fiscal year 1997; and

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

16 the fiscal year 1996 and $9,353,000 for the fis17 cal year 1997.

18 (2) INTERNATIONAL BOUNDARY COMMISSION,

19 UNITED STATES AND CANADA.—For ‘‘International

20 Boundary Commission, United States and Canada’’,

21 $740,000 for the fiscal year 1996 and $666,000 for

22 the fiscal year 1997.

23 (3) INTERNATIONAL JOINT COMMISSION.—For

24 ‘‘International Joint Commission’’, $3,500,000 for

25 the fiscal year 1996 and $3,195,000 for the fiscal

26 year 1997.
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1 (4) INTERNATIONAL FISHERIES COMMIS2 SIONS.—For ‘‘International Fisheries Commissions’’,

3 $14,669,000 for the fiscal year 1996 and

4 $13,202,000 for the fiscal year 1997.

5 SEC. 2104. MIGRATION AND REFUGEE ASSISTANCE.

6 (a) AUTHORIZATION OF APPROPRIATIONS.—

7 (1) MIGRATION AND REFUGEE ASSISTANCE.—

8 (A) AUTHORIZATION OF APPROPRIA9 TIONS.—There are authorized to be appro10 priated for ‘‘Migration and Refugee Assistance’’

11 for authorized activities, $590,000,000 for the

12 fiscal year 1996 and $590,000,000 for the fis13 cal year 1997.

14 (B) LIMITATION.—None of the funds au15 thorized to be appropriated by this section are

16 authorized to be appropriated for salaries and

17 administrative expenses of the Bureau of Mi18 gration and Refugee Assistance.

19 (2) REFUGEES RESETTLING IN ISRAEL.—There

20 are authorized to be appropriated $80,000,000 for

21 the fiscal year 1996 and $80,000,000 for the fiscal

22 year 1997 for assistance for refugees resettling in

23 Israel from other countries.

24 (3) HUMANITARIAN ASSISTANCE FOR DIS25 PLACED BURMESE.—There are authorized to be ap-
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1 propriated $1,500,000 for the fiscal year 1996 and

2 $1,500,000 for the fiscal year 1997 for humani3 tarian assistance, including but not limited to food,

4 medicine, clothing, and medical and vocational train5 ing to persons displaced as a result of civil conflict

6 in Burma, including persons still within Burma.

7 (4) RESETTLEMENT OF VIETNAMESE, LAO8 TIANS, AND CAMBODIANS.—Of the amounts author9 ized to be appropriated for fiscal year 1996 under

10 paragraph (1) there are authorized to be appro11 priated such amounts as are necessary for the ad12 mission and resettlement, within numerical limita13 tions provided by law for refugee admissions, of per14 sons who—

15 (A) are or were nationals and residents of

16 Vietnam, Laos, or Cambodia;

17 (B) are within a category of aliens referred

18 to in section 599D(b)(2)(C) of the Foreign Op19 erations, Export Financing, and Related Pro20 grams Appropriations Act, 1990 (Public Law

21 101–167); and

22 (C) are or were at any time after January

23 1, 1989, residents of refugee camps in Hong

24 Kong, Thailand, Indonesia, Malaysia, or the

25 Philippines.
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1 (b) GENERAL LIMITATIONS.—None of the funds au2 thorized to be appropriated by subsection (a) are author3 ized to be available for any program or activity that pro4 vides for, promotes, or assists in the repatriation of any

5 person to Vietnam, Laos, or Cambodia, unless the Presi6 dent has certified that—

7 (1) all persons described in subsection (a)(4)

8 who were residents of refugee camps as of July 1,

9 1995, have been offered resettlement outside their

10 countries of nationality;

11 (2) all nationals of Vietnam, Laos, or Cambodia

12 who were residents of refugee camps as of July 1,

13 1995, who are not persons described in subsection

14 (a)(4) have, at any time after such date, either had

15 access to a process for the determination of whether

16 they are refugees, or been offered resettlement out17 side their countries of nationality; and

18 (3) the process referred to in paragraph (2) is

19 genuinely calculated to determine whether each ap20 plicant is a refugee, and that the procedures, stand21 ards, and personnel employed in such process ensure

22 that the risk of return to persecution is no greater

23 than in the process available under United States

24 law to persons physically present in the United

25 States.
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1 (c) AVAILABILITY OF FUNDS.—Funds appropriated

2 pursuant to subsection (a) are authorized to be available

3 until expended.

4 (d) REFUGEE CAMP DEFINED.—For the purposes of

5 this section, the term ‘‘refugee camp’’ means any place

6 in which people who left Vietnam, Cambodia, or Laos are

7 housed or held by a government or international organiza8 tion, regardless of the designation of such place by such

9 government or organization.

10 (e) STATUTORY CONSTRUCTION.—Nothing in this

11 section may be construed to require or permit an increase

12 in the number of refugee admissions for fiscal year 1996

13 from the numerical limitation for refugee admissions for

14 fiscal year 1995.

15 SEC. 2105. CERTAIN OTHER INTERNATIONAL AFFAIRS PRO16 GRAMS.

17 The following amounts are authorized to be appro18 priated for the Department of State to carry out the au19 thorities, functions, duties, and responsibilities in the con20 duct of the foreign affairs of the United States and for

21 other purposes authorized by law:

22 (1) ASIA FOUNDATION.—For ‘‘Asia Founda23 tion’’, $10,000,000 for the fiscal year 1996 and

24 $9,000,000 for the fiscal year 1997.
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1 SEC. 2106. UNITED STATES INFORMATIONAL, EDU2 CATIONAL, AND CULTURAL PROGRAMS.

3 The following amounts are authorized to be appro4 priated to carry out international information activities

5 and educational and cultural exchange programs under

6 the United States Information and Educational Exchange

7 Act of 1948, the Mutual Educational and Cultural Ex8 change Act of 1961, Reorganization Plan Number 2 of

9 1977, the United States International Broadcasting Act

10 of 1994, the Radio Broadcasting to Cuba Act, the Tele11 vision Broadcasting to Cuba Act, the Board for Inter12 national Broadcasting Act, the Inspector General Act of

13 1978, the North/South Center Act of 1991, the National

14 Endowment for Democracy Act, and to carry out other

15 authorities in law consistent with such purposes:

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

17 and Expenses’’, $450,645,000 for the fiscal year

18 1996 and $407,080,000 for the fiscal year 1997.

19 (2) TECHNOLOGY FUND.—For ‘‘Technology

20 Fund’’ for the United States Information Agency,

21 $5,050,000 for the fiscal year 1996 and $5,050,000

22 for the fiscal year 1997.

23 (3) EDUCATIONAL AND CULTURAL EXCHANGE

24 PROGRAMS.—

25 (A) FULBRIGHT ACADEMIC EXCHANGE

26 PROGRAMS.—For the ‘‘Fulbright Academic Ex-
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1 change Programs’’, $117,484,200 for the fiscal

2 year 1996 and $93,680,800 for the fiscal year

3 1997.

4 (B) SOUTH PACIFIC EXCHANGES.—For the

5 ‘‘South Pacific Exchanges’’, $900,000 for the

6 fiscal year 1996 and $900,000 for the fiscal

7 year 1997.

8 (C) EAST TIMORESE SCHOLARSHIPS.—For

9 the ‘‘East Timorese Scholarships’’, $800,000

10 for the fiscal year 1996 and $800,000 for the

11 fiscal year 1997.

12 (D) CAMBODIAN SCHOLARSHIPS.—For the

13 ‘‘Cambodian Scholarships’’, $141,000 for the

14 fiscal year 1996 and $141,000 for the fiscal

15 year 1997.

16 (E) TIBETAN EXCHANGES.—For the

17 ‘‘Educational and Cultural Exchanges with

18 Tibet’’ under section 236 of the Foreign Rela19 tions Authorization Act, Fiscal Years 1994 and

20 1995 (Public Law 103–236), $500,000 for the

21 fiscal year 1996 and $500,000 for the fiscal

22 year 1997.

23 (F) OTHER PROGRAMS.—For ‘‘Hubert H.

24 Humphrey Fellowship Program’’, ‘‘Edmund S.

25 Muskie Fellowship Program’’, ‘‘International
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1 Visitors Program’’, ‘‘Mike Mansfield Fellowship

2 Program’’, ‘‘Claude and Mildred Pepper Schol3 arship Program of the Washington Workshops

4 Foundation’’, ‘‘Citizen Exchange Programs’’,

5 ‘‘Congress-Bundestag Exchange Program’’,

6 ‘‘Newly Independent States and Eastern Eu7 rope Training’’, ‘‘Institute for Representative

8 Government’’, and ‘‘Arts America’’,

9 $87,265,800 for the fiscal year 1996 and

10 $67,341,400 for the fiscal year 1997.

11 (4) INTERNATIONAL BROADCASTING ACTIVI12 TIES.—

13 (A) AUTHORIZATION OF APPROPRIA14 TIONS.—For ‘‘International Broadcasting Ac15 tivities’’, $321,191,000 for the fiscal year 1996,

16 and $256,191,000 for the fiscal year 1997.

17 (B) LIMITATION.—Of the amounts author18 ized to be appropriated under subparagraph (A)

19 $3,000,000 for fiscal year 1996 and $3,000,000

20 for fiscal year 1997 are authorized to be appro21 priated to carry out the Pilot Project for Free22 dom Broadcasting to Asia authorized by section

23 2443.

24 (C) VOICE OF AMERICA FARSI SERVICE.—

25 Of the amounts authorized to be appropriated
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1 under subparagraph (A) $1,873,521 for the fis2 cal year 1996 and $1,873,521 for the fiscal

3 year 1997 are authorized to be appropriated to

4 carry out the Voice of America Farsi Service.

5 (5) RADIO CONSTRUCTION.—For ‘‘Radio Con6 struction’’, $75,164,000 for the fiscal year 1996,

7 and $57,647,000 for the fiscal year 1997.

8 (6) RADIO FREE ASIA.—For ‘‘Radio Free

9 Asia’’, $10,000,000 for the fiscal year 1996 and

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

11 (7) BROADCASTING TO CUBA.—For ‘‘Broad12 casting to Cuba’’, $24,809,000 for the fiscal year

13 1996 and $24,809,000 for the fiscal year 1997.

14 (8) OFFICE OF THE INSPECTOR GENERAL.—

15 For ‘‘Office of the Inspector General’’, $4,300,000

16 for the fiscal year 1996 and $3,870,000 for the fis17 cal year 1997.

18 (9) CENTER FOR CULTURAL AND TECHNICAL

19 INTERCHANGE BETWEEN EAST AND WEST.—For

20 ‘‘Center for Cultural and Technical Interchange be21 tween East and West’’, $15,000,000 for the fiscal

22 year 1996 and $8,000,000 for the fiscal year 1997.

23 (10) NATIONAL ENDOWMENT FOR DEMOC24 RACY.—For ‘‘National Endowment for Democracy’’,
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1 $34,000,000 for the fiscal year 1996 and

2 $32,000,000 for the fiscal year 1997.

3 (11) CENTER FOR CULTURAL AND TECHNICAL

4 INTERCHANGE BETWEEN NORTH AND SOUTH.—For

5 ‘‘Center for Cultural and Technical Interchange be6 tween North and South’’ $4,000,000 for the fiscal

7 year 1996 and $3,000,000 for the fiscal year 1997.

8 SEC. 2107. UNITED STATES ARMS CONTROL AND DISAR9 MAMENT.

10 There are authorized to be appropriated to carry out

11 the purposes of the Arms Control and Disarmament Act—

12 (1) $44,000,000 for the fiscal year 1996 and

13 $39,500,000 for the fiscal year 1997; and

14 (2) such sums as may be necessary for each of

15 the fiscal years 1996 and 1997 for increases in sal16 ary, pay, retirement, other employee benefits author17 ized by law, and to offset adverse fluctuations in for18 eign currency exchange rates.

19 CHAPTER 2—GENERAL LIMITATIONS

20 SEC. 2121. PROHIBITION ON FUNDING FOR ABORTION.

21 (a) IN GENERAL.—

22 (1) Notwithstanding any other provision of law

23 or of this Act, none of the funds authorized to be

24 appropriated by this Act for population assistance

25 activities are authorized to be available for any pri-
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1 vate, nongovernmental, or multilateral organization

2 that, directly or through a subcontractor or sub3 grantee, performs abortions in any foreign country,

4 except where the life of the mother would be endan5 gered if the fetus were carried to term or in cases

6 of forcible rape or incest.

7 (2) Paragraph (1) may not be construed to

8 apply to the treatment of injuries or illnesses caused

9 by legal or illegal abortions or to assistance provided

10 directly to the government of a country.

11 (b) LIMITATION ON LOBBYING ACTIVITIES.—

12 (1) Notwithstanding any other provision of law

13 or of this Act, none of the funds authorized to be

14 appropriated by this Act for population assistance

15 activities are authorized to be available for any pri16 vate, nongovernmental, or multilateral organization

17 that violates the laws of any foreign country con18 cerning the circumstances under which abortion is

19 permitted, regulated, or prohibited, or that engages

20 in any activity or effort to alter the laws or govern21 mental policies of any foreign country concerning the

22 circumstances under which abortion is permitted,

23 regulated, or prohibited.
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1 (2) Paragraph (1) shall not apply to activities

2 in opposition to coercive abortion or involuntary

3 sterilization.

4 SEC. 2122. PROHIBITION ON FUNDING FOR COERCIVE POP5 ULATION CONTROL METHODS.

6 Notwithstanding any other provision of law or of this

7 Act, none of the funds authorized to be appropriated by

8 this Act are authorized to be available for the United Na9 tions Population Fund (UNFPA), unless the President

10 certifies to the appropriate congressional committees that

11 (a) the United Nations Population Fund has terminated

12 all activities in the People’s Republic of China; or (b) dur13 ing the 12 months preceding such certification there have

14 been no abortions as the result of coercion associated with

15 the family planning policies of the national government or

16 other governmental entities within the People’s Republic

17 of China. As used in this section the term ‘‘coercion’’ in18 cludes physical duress or abuse, destruction or

19 confiscation of property, loss of means of livelihood, or se20 vere psychological pressure.
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1 TITLE XXII—DEPARTMENT OF

2 STATE AUTHORITIES AND AC3 TIVITIES

4 CHAPTER 1—AUTHORITIES AND

5 ACTIVITIES

6 SEC. 2201. REVISION OF DEPARTMENT OF STATE REWARDS

7 PROGRAM.

8 (a) IN GENERAL.—Section 36 of the State Depart9 ment Basic Authorities Act of 1956 (22 U.S.C. 2708) is

10 amended to read as follows:

11 ‘‘SEC. 36. DEPARTMENT OF STATE REWARDS PROGRAM.

12 ‘‘(a) ESTABLISHMENT.—(1) There is established a

13 program for the payment of rewards to carry out the pur14 poses of this section.

15 ‘‘(2) The rewards program established by this section

16 shall be administered by the Secretary of State, in con17 sultation, where appropriate, with the Attorney General.

18 ‘‘(b) PURPOSE.—(1) The rewards program estab19 lished by this section shall be designed to assist in the

20 prevention of acts of international terrorism, international

21 narcotics trafficking, and other related criminal acts.

22 ‘‘(2) The Secretary of State may pay a reward to any

23 individual who furnishes information leading to—

24 ‘‘(A) the arrest or conviction in any country of

25 any individual for the commission of an act of inter-
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1 national terrorism against a United States person or

2 United States property;

3 ‘‘(B) the arrest or conviction in any country of

4 any individual conspiring or attempting to commit

5 an act of international terrorism against a United

6 States person or United States property;

7 ‘‘(C) the arrest or conviction in any country of

8 any individual for committing, primarily outside the

9 territorial jurisdiction of the United States, any nar10 cotics-related offense if that offense involves or is a

11 significant part of conduct that involves—

12 ‘‘(i) a violation of United States narcotics

13 laws and which is such that the individual

14 would be a major violator of such laws; or

15 ‘‘(ii) the killing or kidnapping of—

16 ‘‘(I) any officer, employee, or contract

17 employee of the United States Government

18 while such individual is engaged in official

19 duties, or on account of that individual’s

20 official duties, in connection with the en21 forcement of United States narcotics laws

22 or the implementing of United States nar23 cotics control objectives; or

24 ‘‘(II) a member of the immediate fam25 ily of any such individual on account of
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1 that individual’s official duties, in connec2 tion with the enforcement of United States

3 narcotics laws or the implementing of

4 United States narcotics control objectives;

5 or

6 ‘‘(iii) an attempt or conspiracy to commit

7 any of the acts described in clause (i) or (ii);

8 or

9 ‘‘(D) the arrest or conviction in any country of

10 any individual aiding or abetting in the commission

11 of an act described in subparagraphs (A) through

12 (C); or

13 ‘‘(E) the prevention, frustration, or favorable

14 resolution of an act described in subparagraphs (A)

15 through (C).

16 ‘‘(c) COORDINATION.—(1) To ensure that the pay17 ment of rewards pursuant to this section does not dupli18 cate or interfere with the payment of informants or the

19 obtaining of evidence or information, as authorized to the

20 Department of Justice, the offering, administration, and

21 payment of rewards under this section, including proce22 dures for—

23 ‘‘(A) identifying individuals, organizations, and

24 offenses with respect to which rewards will be of25 fered;
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1 ‘‘(B) the publication of rewards;

2 ‘‘(C) offering of joint rewards with foreign gov3 ernments;

4 ‘‘(D) the receipt and analysis of data; and

5 ‘‘(E) the payment and approval of payment,

6 shall be governed by procedures developed by the Sec7 retary of State, in consultation with the Attorney General.

8 ‘‘(2) Before making a reward under this section in

9 a matter over which there is Federal criminal jurisdiction,

10 the Secretary of State shall advise and consult with the

11 Attorney General.

12 ‘‘(d) FUNDING.—(1) There is authorized to be appro13 priated to the Department of State from time to time such

14 amounts as may be necessary to carry out the purposes

15 of this section, notwithstanding section 102 of the Foreign

16 Relations Authorization Act, Fiscal Years 1986 and 1987

17 (Public Law 99–93).

18 ‘‘(2) No amount of funds may be appropriated which,

19 when added to the amounts previously appropriated but

20 not yet obligated, would cause such amounts to exceed

21 $15,000,000.

22 ‘‘(3) To the maximum extent practicable, funds made

23 available to carry out this section should be distributed

24 equally for the purpose of preventing acts of international
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1 terrorism and for the purpose of preventing international

2 narcotics trafficking.

3 ‘‘(4) Amounts appropriated to carry out the purposes

4 of this section shall remain available until expended.

5 ‘‘(e) ADDITIONAL FUNDING.—(1) In extraordinary

6 circumstances and when it is important to the national

7 security of the United States, the Secretary of State may

8 use fees collected for processing machine readable non9 immigrant visas and machine readable combined border

10 crossing identification cards and nonimmigrant visas pur11 suant to section 140 of the Foreign Relations Authoriza12 tion Act, Fiscal Years 1994 and 1995 (Public Law 103–

13 236; 8 U.S.C. 1351 note) to carry out the purposes of

14 this section, subject to the limitation contained in sub15 section (d)(2).

16 ‘‘(2) The authority contained in paragraph (1) may

17 be used only if the Secretary notifies the appropriate con18 gressional committees 15 days in advance in accordance

19 with regular reprogramming procedures. Such notification

20 shall contain a detailed justification of the circumstances

21 necessitating the use of such fees for the purposes of this

22 section.

23 ‘‘(f) LIMITATION AND CERTIFICATION.—(1) A re24 ward under this section may not exceed $2,000,000.
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1 ‘‘(2) A reward under this section of more than

2 $100,000 may not be made without the approval of the

3 President or the Secretary of State.

4 ‘‘(3) Any reward granted under this section shall be

5 approved and certified for payment by the Secretary of

6 State.

7 ‘‘(4) The authority of paragraph (2) may not be dele8 gated to any other officer or employee of the United States

9 Government.

10 ‘‘(5) If the Secretary determines that the identity of

11 the recipient of a reward or of the members of the recipi12 ent’s immediate family must be protected, the Secretary

13 may take such measures in connection with the payment

14 of the reward as he considers necessary to effect such pro15 tection.

16 ‘‘(g) INELIGIBILITY.—An officer or employee of any

17 governmental entity who, while in the performance of his

18 or her official duties, furnishes information described in

19 subsection (b) shall not be eligible for a reward under this

20 section.

21 ‘‘(h) REPORTS.—(1) Not later than 30 days after

22 paying any reward under this section, the Secretary of

23 State shall submit a report to the appropriate congres24 sional committees with respect to such reward. The report,

25 which may be submitted on a classified basis if necessary,
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1 shall specify the amount of the reward paid, to whom the

2 reward was paid, and the acts with respect to which the

3 reward was paid. The report shall also discuss the signifi4 cance of the information for which the reward was paid

5 in dealing with those acts.

6 ‘‘(2) Not later than 60 days after the end of each

7 fiscal year, the Secretary of State shall submit an annual

8 report to the appropriate congressional committees with

9 respect to the operation of the rewards program author10 ized by this section. Such report shall provide information

11 on the total amounts expended during such fiscal year to

12 carry out the purposes of this section, including amounts

13 spent to publicize the availability of rewards. Such report

14 shall also include information on all requests for the pay15 ment of rewards under this section, including the reasons

16 for the denial of any such requests.

17 ‘‘(i) DEFINITIONS.—As used in this section—

18 ‘‘(1) the term ‘appropriate congressional com19 mittees’ means the Committee on International Re20 lations of the House of Representatives and the

21 Committee on Foreign Relations of the Senate;

22 ‘‘(2) the term ‘act of international terrorism’ in23 cludes, but is not limited to—

24 ‘‘(A) any act substantially contributing to

25 the acquisition of unsafeguarded special nuclear
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1 material (as defined in section 830(8) of the

2 Nuclear Proliferation Prevention Act of 1994)

3 or any nuclear explosive device (as defined in

4 section 830(4) of that Act) by an individual,

5 group, or non-nuclear weapon state (as defined

6 in section 830(5) of that Act); and

7 ‘‘(B) any act, as determined by the Sec8 retary of State, which materially supports the

9 conduct of international terrorism, including the

10 counterfeiting of United States currency or the

11 illegal use of other monetary instruments by an

12 individual, group, or country supporting inter13 national terrorism as determined for purposes

14 of section 6(j) of the Export Administration Act

15 of 1979;

16 ‘‘(3) the term ‘United States narcotics laws’

17 means the laws of the United States for the preven18 tion and control of illicit traffic in controlled sub19 stances (as such term is defined for purposes of the

20 Controlled Substances Act); and

21 ‘‘(4) the term ‘member of the immediate family’

22 includes—

23 ‘‘(A) a spouse, parent, brother, sister, or

24 child of the individual;
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1 ‘‘(B) a person to whom the individual

2 stands in loco parentis; and

3 ‘‘(C) any other person living in the individ4 ual’s household and related to the individual by

5 blood or marriage.’’.

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

7 Congress that the Secretary of State should pursue addi8 tional means of funding the program established by sec9 tion 36 of the State Department Basic Authorities Act

10 of 1956 (22 U.S.C. 2708), including the authority to seize

11 and dispose of assets used in the commission of any of12 fense under sections 1028, 1541 through 1544, and 1546

13 of title 18, United States Code, and to retain the proceeds

14 derived from the disposition of such assets, or to partici15 pate in asset sharing programs conducted by the Depart16 ment of Justice, to carry out the purposes of section 36

17 of that Act.

18 (c) USE OF EARNINGS FROM FROZEN ASSETS FOR

19 PROGRAM.—

20 (1) AMOUNTS TO BE MADE AVAILABLE.—Up to

21 2 percent of the earnings accruing, during periods

22 beginning October 1, 1995, on all assets of foreign

23 countries blocked by the President pursuant to the

24 International Emergency Powers Act (50 U.S.C.

25 1701 and following) shall be available, subject to ap-
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1 propriations Acts, to carry out section 36 of the

2 State Department Basic Authorities Act, as amend3 ed by this section, except that the limitation con4 tained in subsection (d)(2) of such section shall not

5 apply to amounts made available under this para6 graph.

7 (2) CONTROL OF FUNDS BY THE PRESIDENT.—

8 The President is authorized and directed to take

9 possession and exercise full control of so much of the

10 earnings described in paragraph (1) as are made

11 available under such paragraph.

12 SEC. 2202. AUTHORITIES OF SECRETARY OF STATE.

13 Section 203(4) of the State Department Basic Au14 thorities Act of 1956 (22 U.S.C. 4303(4)) is amended in

15 the third sentence by striking ‘‘should’’ both places it ap16 pears and inserting ‘‘shall’’.

17 SEC. 2203. BUYING POWER MAINTENANCE ACCOUNT.

18 Section 24(b)(7) of the State Department Basic Au19 thorities Act of 1956 (22 U.S.C. 2696(b)(7)) is amended

20 by striking subparagraph (D).

21 SEC. 2204. EXPENSES RELATING TO CERTAIN INTER22 NATIONAL CLAIMS AND PROCEEDINGS.

23 (a) RECOVERY OF CERTAIN EXPENSES.—The De24 partment of State Appropriation Act, 1937 (49 Stat.

25 1321, 22 U.S.C. 2661, as amended by section 142(b) of
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1 the Foreign Relations Authorization Act, Fiscal Years

2 1988 and 1989 (Public Law 100–204)) is amended in the

3 fifth undesignated paragraph under the heading entitled

4 ‘‘INTERNATIONAL FISHERIES COMMISSION’’ by striking

5 ‘‘extraordinary’’.

6 (b) PROCUREMENT OF SERVICES.—Section 38(c) of

7 the State Department Basic Authorities Act of 1956 (22

8 U.S.C. 2710(c)) is amended in the first sentence by insert9 ing ‘‘personal and’’ before ‘‘other support services’’.

10 SEC. 2205. CONSOLIDATION OF UNITED STATES DIPLO11 MATIC MISSIONS AND CONSULAR POSTS.

12 (a) CONSOLIDATION PLAN.—The Secretary of State

13 shall develop a worldwide plan for the consolidation, wher14 ever practicable, on a regional or areawide basis, of United

15 States missions and consular posts abroad.

16 (b) CONTENTS OF PLAN.—The plan shall—

17 (1) identify specific United States diplomatic

18 missions and consular posts for consolidation;

19 (2) identify those missions and posts at which

20 the resident ambassador would also be accredited to

21 other specified states in which the United States ei22 ther maintained no resident official presence or

23 maintained such a presence only at staff level; and

24 (3) provide an estimate of—
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1 (A) the amount by which expenditures

2 would be reduced through the reduction in the

3 number of United States Government personnel

4 assigned abroad;

5 (B) the reduction in the costs of maintain6 ing United States properties abroad; and

7 (C) the amount of revenues generated to

8 the United States through the sale or other dis9 position of United States properties associated

10 with the posts to be consolidated abroad.

11 (c) TRANSMITTAL.—Not later than 180 days after

12 the date of the enactment of this Act, the Secretary of

13 State shall transmit a copy of the plan to the appropriate

14 congressional committees.

15 SEC. 2206. DENIAL OF PASSPORTS TO NONCUSTODIAL PAR16 ENTS SUBJECT TO STATE ARREST WARRANTS

17 IN CASES OF NONPAYMENT OF CHILD SUP18 PORT.

19 The Secretary of State is authorized to refuse to issue

20 a passport or to revoke, restrict, or limit a passport in

21 any case in which the Secretary of State determines or

22 is informed by competent authority that the applicant or

23 passport holder is a noncustodial parent who is the subject

24 of an outstanding State warrant of arrest for nonpayment
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1 of child support, where the amount in controversy is not

2 less than $10,000.

3 SEC. 2207. CAPITAL INVESTMENT FUND.

4 Section 135 of the Foreign Relations Authorization

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

6 amended—

7 (1) in subsection (a) by inserting ‘‘and enhance8 ment’’ after ‘‘procurement’’;

9 (2) in subsection (c) by striking ‘‘are authorized

10 to’’ and inserting ‘‘shall’’;

11 (3) in subsection (d) by striking ‘‘for expendi12 ture to procure capital equipment and information

13 technology’’ and inserting in lieu thereof ‘‘for pur14 poses of subsection (a)’’; and

15 (4) by amending subsection (e) to read as fol16 lows:

17 ‘‘(e) REPROGRAMMING PROCEDURES.—Funds cred18 ited to the Capital Investment Fund shall not be available

19 for obligation or expenditure except in compliance with the

20 procedures applicable to reprogrammings under section 34

21 of the State Department Basic Authorities Act of 1956

22 (22 U.S.C. 2710).’’.

23 SEC. 2208. EFFICIENCY IN PROCUREMENT.

24 (a) IN GENERAL.—To the maximum extent prac25 ticable, United States Government agencies performing
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1 functions at diplomatic and consular posts abroad shall

2 avoid duplicative acquisition actions.

3 (b) AUTHORITY.—Notwithstanding any other provi4 sion of law, a contract awarded in accordance with the

5 Competition in Contracting Act by an agency of the Unit6 ed States Government performing functions at diplomatic

7 and consular posts abroad may be amended without com8 petition to permit other such United States Government

9 agencies to obtain goods or services under such contract,

10 if unit prices are not increased as a result of any such

11 amendment.

12 SEC. 2209. TRAINING.

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

14 U.S.C. 4021) is amended—

15 (1) by redesignating subsection (d)(4) as sub16 section (g); and

17 (2) by inserting after subsection (d) the follow18 ing new subsections:

19 ‘‘(e)(1) The Secretary of State is authorized to pro20 vide appropriate training through the institution to em21 ployees of any United States company engaged in business

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

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

24 ‘‘(2) In the case of any company under contract to

25 provide services to the Department of State, the Secretary
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1 of State is authorized to provide job-related training to

2 any company employee who is performing such services.

3 ‘‘(3) Training under this subsection shall be on a re4 imbursable or advance-of-funds basis. Such reimburse5 ments or advances shall be credited to the currently appli6 cable appropriation account.

7 ‘‘(4) Training under this subsection is authorized

8 only to the extent that it will not interfere with the institu9 tion’s primary mission of training employees of the De10 partment and of other agencies in the field of foreign rela11 tions.

12 ‘‘(f)(1) The Secretary of State is authorized to pro13 vide on a reimbursable basis foreign language training

14 programs to Members of Congress and officers and em15 ployees of Congress.

16 ‘‘(2) Reimbursements under this subsection, to the

17 extent practicable, should be equivalent to the rate of re18 imbursement charged other agencies of the United States

19 Government for comparable training.

20 ‘‘(3) Reimbursements collected under this subsection

21 shall be credited to the currently available applicable ap22 propriation account.

23 ‘‘(4) Training under this subsection is authorized

24 only to the extent that it will not interfere with the institu25 tion’s primary mission of training employees of the De-
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1 partment and of other agencies in the field of foreign rela2 tions.’’.

3 CHAPTER 2—CONSULAR AUTHORITIES OF

4 THE DEPARTMENT OF STATE

5 SEC. 2231. SURCHARGE FOR PROCESSING CERTAIN MA6 CHINE READABLE VISAS.

7 Section 140(a) of the Foreign Relations Authoriza8 tion Act, Fiscal Years 1994 and 1995 (Public Law 103–

9 236) is amended—

10 (1) by striking paragraphs (2) and (3) and in11 serting the following:

12 ‘‘(2) For fiscal years 1996 and 1997, not more

13 than $250,000,000 in fees collected under the au14 thority of paragraph (1) shall be deposited as an off15 setting collection to any Department of State appro16 priation to recover the costs of the Department of

17 State’s border security program, including the costs

18 of—

19 ‘‘(A) installation and operation of the ma20 chine readable visa and automated name-check

21 process;

22 ‘‘(B) improving the quality and security of

23 the United States passport;

24 ‘‘(C) passport and visa fraud investiga25 tions; and
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1 ‘‘(D) the technological infrastructure to

2 support and operate the programs referred to in

3 paragraphs (A) through (C).

4 Such fees shall remain available for obligation until

5 expended.

6 ‘‘(3) For any fiscal year, fees collected under

7 the authority of paragraph (1) in excess of the

8 amount specified for such fiscal year under para9 graph (2) shall be deposited in the general fund of

10 the Treasury as miscellaneous receipts.’’; and

11 (2) by striking paragraph (5).

12 SEC. 2232. FINGERPRINT CHECK REQUIREMENT.

13 Section 140 of the Foreign Relations Authorization

14 Act, Fiscal Years 1994 and 1995 (Public Law 103–236;

15 8 U.S.C. 1182 note) as amended by section 505 of the

16 Department of State and Related Agencies Appropriation

17 Act, Fiscal Year 1995 (Public Law 103–317) is amended

18 by adding at the end the following:

19 ‘‘(h) FINGERPRINT CHECK REQUIREMENT.—If a visa

20 applicant is determined to have a criminal history record

21 under subsection (d)(1), has been physically present in the

22 United States, and is more than 16 years of age, the appli23 cant shall provide a fingerprint record for submission with

24 the application, at no cost to the Department of State.

25 The Department of State shall submit such fingerprint
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1 record to the Federal Bureau of Investigation for analysis

2 to determine whether the applicant has been convicted of

3 a felony under State or Federal law in the United

4 States.’’.

5 SEC. 2233. USE OF CERTAIN PASSPORT PROCESSING FEES

6 FOR ENHANCED PASSPORT SERVICES.

7 For each of the fiscal years 1996 and 1997, of the

8 fees collected for expedited passport processing and depos9 ited to an offsetting collection pursuant to the Department

10 of State and Related Agencies Appropriations Act for Fis11 cal Year 1995 (Public Law 103–317; 22 U.S.C. 214), 10

12 percent shall be available only for enhancing passport

13 services for United States citizens, improving the integrity

14 and efficiency of the passport issuance process, improving

15 the secure nature of the United States passport, inves16 tigating passport fraud, and deterring entry into the Unit17 ed States by terrorists, drug traffickers, or other crimi18 nals.

19 SEC. 2234. CONSULAR OFFICERS.

20 (a) PERSONS AUTHORIZED TO ISSUE REPORTS OF

21 BIRTH ABROAD.—Section 33 of the State Department

22 Basic Authorities Act of 1956 (22 U.S.C. 2705) is amend23 ed in paragraph (2) by inserting ‘‘(or any United States

24 citizen employee of the Department of State designated

25 by the Secretary of State to adjudicate nationality abroad
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1 pursuant to such regulations as the Secretary may pre2 scribe)’’ after ‘‘consular officer’’.

3 (b) PROVISIONS APPLICABLE TO CONSULAR OFFI4 CERS.—Section 31 of the Act of August 18, 1856 (Rev.

5 Stat. 1689, 22 U.S.C. 4191), is amended by inserting

6 ‘‘and to such other United States citizen employees of the

7 Department of State as may be designated by the Sec8 retary of State pursuant to such regulations as the Sec9 retary may prescribe’’ after ‘‘such officers’’.

10 CHAPTER 3—REFUGEES AND MIGRATION

11 SEC. 2251. UNITED STATES EMERGENCY REFUGEE AND MI12 GRATION ASSISTANCE FUND.

13 (a) LIMITATION ON TRANSFERS FROM EMERGENCY

14 FUND.—Section 2(c) of the Migration and Refugee Assist15 ance Act of 1962 (22 U.S.C. 2601(c)) is amended by add16 ing after paragraph (3) the following:

17 ‘‘(4) Notwithstanding any other provision of this Act,

18 the President shall notify the appropriate congressional

19 committees not less than 15 days before transferring or

20 otherwise making available amounts from the United

21 States Emergency Refugee and Migration Assistance

22 Fund under paragraph (1).’’.

23 (b) NOTIFICATION OF EXPENDITURES FROM

24 FUND.—Section 2(d) of the Migration and Refugee As-
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1 sistance Act of 1962 (22 U.S.C. 2601(c)) is amended to

2 read as follows:

3 ‘‘(d)(1) Except as provided in paragraph (2), and

4 notwithstanding any other provision of this Act, the Presi5 dent shall notify the appropriate congressional committees

6 at least 15 days in advance of the obligation or expendi7 ture of sums from the United States Emergency Refugee

8 and Migration Assistance Fund under subsection (c).

9 ‘‘(2) Notwithstanding the notification requirement of

10 paragraph (1), the President may obligate and expend

11 sums from the United States Emergency Refugee and Mi12 gration Assistance Fund if the President determines, and

13 promptly certifies to the appropriate congressional com14 mittees, that unforseen emergency circumstances require

15 the immediate obligation of sums from such fund. Any

16 such certification shall fully inform such committees of the

17 amount and use of such sums from the Fund.

18 ‘‘(3) For purposes of this section, the term ‘appro19 priate congressional committees’ means the Committee on

20 International Relations and the Committee on Appropria21 tions of the House of Representatives and the Committee

22 on Foreign Relations and the Committee on Appropria23 tions of the Senate.’’.
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1 SEC. 2252. PERSECUTION FOR RESISTANCE TO COERCIVE

2 POPULATION CONTROL METHODS.

3 Section 101(a)(42) of the Immigration and National4 ity Act (8 U.S.C. 1101(a)(42)) is amended by adding at

5 the end the following: ‘‘For purposes of determinations

6 under this Act, a person who has been forced to abort

7 a pregnancy or to undergo involuntary sterilization, or

8 who has been persecuted for failure or refusal to undergo

9 such a procedure or for other resistance to a coercive pop10 ulation control program, shall be deemed to have been per11 secuted on account of political opinion, and a person who

12 has a well founded fear that he or she will be forced to

13 undergo such a procedure or subjected to persecution for

14 such failure, refusal, or resistance shall be deemed to have

15 a well founded fear of persecution on account of political

16 opinion.’’.

17 SEC. 2253. REPORT TO CONGRESS CONCERNING CUBAN

18 EMIGRATION POLICIES.

19 Beginning 3 months after the date of the enactment

20 of this Act and every subsequent 6 months, the President

21 shall transmit a report to the appropriate congressional

22 committees concerning the methods employed by the Gov23 ernment of Cuba to enforce the United States-Cuba agree24 ment of September 1994 to restrict the emigration of the

25 Cuban people from Cuba to the United States, and the

26 treatment by the Government of Cuba of persons who have
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1 been returned to Cuba pursuant to the United States2 Cuba agreement of May 1995. Each report transmitted

3 pursuant to this section shall include a detailed account

4 of United States efforts to monitor such enforcement and

5 treatment.

6 SEC. 2254. UNITED STATES POLICY REGARDING THE INVOL7 UNTARY RETURN OF REFUGEES.

8 (a) IN GENERAL.—No funds authorized to be appro9 priated by this Act shall be available to involuntarily re10 turn any person to a country in which the person has a

11 well founded fear of persecution on account of race, reli12 gion, nationality, membership in a particular social group,

13 or political opinion, or promote or assist such involuntary

14 return.

15 (b) INVOLUNTARILY RETURN DEFINED.—As used in

16 this section, the term ‘‘involuntarily return’’ means to take

17 action by which it is reasonably foreseeable that a person

18 will be required to return to a country against the person’s

19 will, regardless of whether such return is induced by phys20 ical force and regardless of whether the person is phys21 ically present in the United States.
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1 SEC. 2255. EXTENSION OF CERTAIN ADJUDICATION PROVI2 SIONS.

3 The Foreign Operations, Export Financing, and Re4 lated Programs Appropriations Act, 1990 (Public Law

5 101–167) is amended—

6 (1) in section 599D (8 U.S.C. 1157 note)—

7 (A) in subsection (b)(3), by striking ‘‘and

8 1996’’ and inserting ‘‘1996, and 1997’’; and

9 (B) in subsection (e), by striking out ‘‘Oc10 tober 1, 1996’’ each place it appears and insert11 ing ‘‘October 1, 1997’’; and

12 (2) in section 599E (8 U.S.C. 1255 note) in

13 subsection (b)(2), by striking out ‘‘September 30,

14 1996’’ and inserting ‘‘September 30, 1997’’.

15 SEC. 2256. VIETNAM POW/MIA ASYLUM PROGRAM.

16 (a) ASYLUM FOR ELIGIBLE ALIENS.—The Attorney

17 General shall grant asylum in the United States to any

18 alien described in subsection (b), upon the application of

19 that alien.

20 (b) ELIGIBILITY.—Asylum shall be granted under

21 subsection (a) to any alien (1) who is a national of Laos,

22 Vietnam, Cambodia, or Burma, and (2) who, while acting

23 other than in an official or unofficial capacity on behalf

24 of any government or agency, personally delivers into the

25 custody of the United States Government a living Vietnam

26 POW/MIA (or participates in such a delivery).
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1 (c) VIETNAM POW/MIA DEFINED.—

2 (1) For purposes of this section, the term

3 ‘‘Vietnam POW/MIA’’ means an individual—

4 (A) who is a member of a uniformed serv5 ice (within the meaning of section 101(3) of

6 title 37, United States Code) in a missing sta7 tus (as defined in section 551(2) of such title)

8 as a result of the Vietnam conflict, unless it is

9 official determined under section 552(c) of such

10 title that such individual is officially absent

11 from such individual’s post of duty without au12 thority; or

13 (B) who is an employee (as defined in sec14 tion 5561(2) of title 5, United States Code) in

15 a missing status (as defined in section 5561(5)

16 of such title) as a result of the Vietnam con17 flict.

18 Such term does not include an individual who the

19 Secretary of Defense determines remained in Viet20 nam, Laos, or Cambodia voluntarily.

21 (2) For purposes of paragraph (1)—

22 (A) the Vietnam conflict began on Feb23 ruary 28, 1961, and ended on May 7, 1975;

24 and
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1 (B) an individual in a missing status shall

2 be considered to be in a missing status as a re3 sult of the Vietnam conflict if immediately be4 fore that status began the individual—

5 (i) was performing service in Vietnam;

6 or

7 (ii) was performing service in South8 east Asia in direct support of military op9 erations in Vietnam.

10 SEC. 2257. KOREA POW/MIA ASYLUM PROGRAM.

11 (a) ASYLUM FOR ELIGIBLE ALIENS.—The Attorney

12 General shall grant asylum in the United States to any

13 alien described in subsection (b), upon the application of

14 that alien.

15 (b) ELIGIBILITY.—Asylum shall be granted under

16 subsection (a) to any alien (1) who is a national of North

17 Korea, South Korea, or China and (2) who, while acting

18 other than in an official or unofficial capacity on behalf

19 of any government or agency, personally delivers into the

20 custody of the United States Government a living Korea

21 POW/MIA (or participates in such a delivery).

22 (c) KOREA POW/MIA DEFINED.—

23 (1) For purposes of this section, the term

24 ‘‘Korea POW/MIA’’ means an individual—
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1 (A) who is a member of a uniformed serv2 ice (within the meaning of section 101(3) of

3 title 37, United States Code) in a missing sta4 tus (as defined in section 551(2) of such title)

5 as a result of the Korean conflict, unless it is

6 official determined under section 552(c) of such

7 title that such individual is officially absent

8 from such individual’s post of duty without au9 thority; or

10 (B) who is an employee (as defined in sec11 tion 5561(2) of title 5, United States Code) in

12 a missing status (as defined in section 5561(5)

13 of such title) as a result of the Korean conflict.

14 Such term does not include an individual who the

15 Secretary of Defense determines remained in North

16 Korea, South Korea, or China voluntarily.

17 (2) For purposes of paragraph (1)—

18 (A) the Korean conflict began on June 27,

19 1950, and ended on January 31, 1955; and

20 (B) an individual in a missing status shall

21 be considered to be in a missing status as a re22 sult of the Korean conflict if immediately before

23 that status began the individual—

24 (i) was performing service in the Ko25 rean peninsula ; or
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1 (ii) was performing service in Asia in

2 direct support of military operations in the

3 Korean peninsula.

4 TITLE XXIII—ORGANIZATION OF

5 THE DEPARTMENT OF STATE;

6 DEPARTMENT OF STATE PER7 SONNEL; THE FOREIGN SERV8 ICE

9 CHAPTER 1—ORGANIZATION OF THE

10 DEPARTMENT OF STATE

11 SEC. 2301. COORDINATOR FOR COUNTERTERRORISM.

12 (a) ESTABLISHMENT.—Section 1(e) of the State De13 partment Basic Authorities Act of 1956 (22 U.S.C.

14 2651a(e)) is amended—

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

16 ‘‘(1) In’’; and

17 (2) by inserting at the end the following:

18 ‘‘(2) COORDINATOR FOR

19 COUNTERTERRORISM.—

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

21 Secretary of State a Coordinator for

22 Counterterrorism (hereafter in this paragraph

23 referred to as the ‘Coordinator’) who shall be

24 appointed by the President, by and with the ad25 vice and consent of the Senate.
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1 ‘‘(B)(i) The Coordinator shall perform

2 such duties and exercise such power as the Sec3 retary of State shall prescribe.

4 ‘‘(ii) The principal duty of the Coordinator

5 shall be the overall supervision (including policy

6 oversight of resources) of international

7 counterterrorism activities. The Coordinator

8 shall be the principal advisor to the Secretary

9 of State on international counterterrorism mat10 ters. The Coordinator shall be the principal

11 counterterrorism official within the senior man12 agement of the Department of State and shall

13 report directly to the Secretary of State.

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

15 and status of Ambassador-at-Large. The Coor16 dinator shall be compensated at the annual rate

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

18 of the Executive Schedule under section 5314

19 of title 5, United States Code, or, if the Coordi20 nator is appointed from the Foreign Service,

21 the annual rate of pay which the individual last

22 received under the Foreign Service Schedule,

23 whichever is greater.

24 ‘‘(D) For purposes of diplomatic protocol

25 among officers of the Department of State, the
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1 Coordinator shall take precedence after the Sec2 retary of State, the Deputy Secretary of State,

3 and the Under Secretaries of State and shall

4 take precedence among the Assistant Secretar5 ies of State in the order prescribed by the Sec6 retary of State.’’.

7 (b) TECHNICAL AND CONFORMING AMENDMENTS.—

8 Section 161 of the Foreign Relations Authorization Act,

9 Fiscal Years 1994 and 1995 (Public Law 103–236) is

10 amended by striking subsection (e).

11 (c) TRANSITION PROVISION.—The individual serving

12 as Coordinator for Counterterrorism of the Department

13 of State on the day before the effective date of this division

14 may continue to serve in that position.

15 SEC. 2302. SPECIAL ENVOY FOR TIBET.

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

17 findings:

18 (1) The Government of the People’s Republic of

19 China withholds meaningful participation in the gov20 ernance of Tibet from Tibetans and has failed to

21 abide by its own constitutional guarantee of auton22 omy for Tibetans.

23 (2) The Government of the People’s Republic of

24 China is responsible for the destruction of much of

25 Tibet’s cultural and religious heritage since 1959
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1 and continues to threaten the survival of Tibetan

2 culture and religion.

3 (3) The Government of the People’s Republic of

4 China, through direct and indirect incentives, has es5 tablished discriminatory development programs

6 which have resulted in an overwhelming flow of Chi7 nese immigrants into Tibet, including those areas in8 corporated into the Chinese provinces of Sichuan,

9 Yunnan, Gansu, and Quinghai in recent years, and

10 have excluded Tibetans from participation in impor11 tant policy decisions, further threatening traditional

12 Tibetan life.

13 (4) The Government of the People’s Republic of

14 China denies Tibetans their fundamental human

15 rights, as reported in the Department of State’s

16 Country Reports on Human Rights Practices for

17 1995.

18 (5) The President and the Congress have deter19 mined that the promotion of human rights in Tibet

20 and the protection of Tibet’s religion and culture are

21 important elements in United States-China relations

22 and have urged senior members of the Government

23 of the People’s Republic of China to enter into sub24 stantive negotiations on these matters with the Dalai

25 Lama or his representative.
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1 (6) The Dalai Lama has repeatedly stated his

2 willingness to begin substantive negotiations without

3 preconditions.

4 (7) The Government of the People’s Republic of

5 China has failed to respond in a good faith manner

6 by reciprocating a willingness to begin negotiations

7 without preconditions, and no substantive negotia8 tions have begun.

9 (b) UNITED STATES SPECIAL ENVOY FOR TIBET.—

10 Section 1(e) of the State Department Basic Authorities

11 Act (U.S.C. 2651a(e)) is amended by adding after para12 graph (2) the following new paragraph:

13 ‘‘(3) UNITED STATES SPECIAL ENVOY FOR

14 TIBET.—

15 ‘‘(A) There shall be within the Department

16 of State a United States Special Envoy for

17 Tibet, who shall be appointed by the President,

18 by and with the advice and consent of the Sen19 ate. The United States Special Envoy for Tibet

20 shall hold office at the pleasure of the Presi21 dent.

22 ‘‘(B) The United States Special Envoy for

23 Tibet shall have the personal rank of ambas24 sador.
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1 ‘‘(C) The United States Special Envoy for

2 Tibet is authorized and encouraged—

3 ‘‘(i) to promote substantive negotia4 tions between the Dalai Lama or his rep5 resentatives and senior members of the

6 Government of the People’s Republic of

7 China;

8 ‘‘(ii) to promote good relations be9 tween the Dalai Lama and his representa10 tives and the United States Government,

11 including meeting with members or rep12 resentatives of the Tibetan government-in13 exile; and

14 ‘‘(iii) to travel regularly throughout

15 Tibet and Tibetan refugee settlements.

16 ‘‘(D) The United States Special Envoy for

17 Tibet shall—

18 ‘‘(i) consult with the Congress on poli19 cies relevant to Tibet and the future and

20 welfare of all Tibetan people;

21 ‘‘(ii) coordinate United States Govern22 ment policies, programs, and projects con23 cerning Tibet; and

24 ‘‘(iii) report to the Secretary of State

25 regarding the matters described in section
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1 536(a)(2) of the Foreign Relations Author2 ization Act, Fiscal Years 1994 and 1995

3 (Public Law 103–236).’’.

4 SEC. 2303. ESTABLISHMENT OF COORDINATOR FOR HUMAN

5 RIGHTS AND REFUGEES, BUREAU OF REFU6 GEE AND MIGRATION ASSISTANCE, AND BU7 REAU OF DEMOCRACY, HUMAN RIGHTS, AND

8 LABOR.

9 (a) ESTABLISHMENT OF COORDINATOR FOR HUMAN

10 RIGHTS AND REFUGEES.—Section 1(e) of the State De11 partment Basic Authorities Act (22 U.S.C. 2651a(e)) is

12 amended by adding after paragraph (3) the following new

13 paragraph:

14 ‘‘(4) COORDINATOR FOR HUMAN RIGHTS AND

15 REFUGEES.—

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

17 Secretary of State a Coordinator for Human

18 Rights and Refugees (hereafter in this para19 graph referred to as the ‘Coordinator’) who

20 shall be appointed by the President, by and

21 with the advice and consent of the Senate. The

22 Coordinator shall report directly to the Sec23 retary of State.

24 ‘‘(B) The Coordinator shall be responsible

25 for matters pertaining to human rights, refu-
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1 gees, and humanitarian affairs (including mat2 ters relating to prisoners of war and members

3 of the United States Armed Forces missing in

4 action) in the conduct of foreign policy. The Co5 ordinator shall head the Bureau of Refugee and

6 Migration Assistance and the Bureau of De7 mocracy, Human Rights, and Labor.

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

9 and status of Ambassador-at-Large. The Coor10 dinator shall be compensated at the annual rate

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

12 of the Executive Schedule under section 5314

13 of title 5, United States Code, or, if the Coordi14 nator is appointed from the Foreign Service,

15 the annual rate of pay which the individual last

16 received under the Foreign Service Schedule,

17 whichever is greater.

18 ‘‘(D) For purposes of diplomatic protocol

19 among officers of the Department of State, the

20 Coordinator shall take precedence after the Sec21 retary of State, the Deputy Secretary of State,

22 and the Under Secretaries of State and shall

23 take precedence among the Assistant Secretar24 ies of State in the order prescribed by the Sec25 retary of State.’’.
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1 (b) TERMINATION OF ASSISTANT SECRETARY OF

2 STATE FOR DEMOCRACY, HUMAN RIGHTS, AND LABOR.—

3 (1) IN GENERAL.—Section 1(c) of the State

4 Department Basic Authorities Act of 1956 (22

5 U.S.C. 2651a(c)) is amended by striking paragraph

6 (2).

7 (2) CONFORMING AMENDMENTS.—The Foreign

8 Assistance Act of 1961 is amended—

9 (A) in section 116(c) (22 U.S.C. 2151n),

10 by striking ‘‘Assistant Secretary of State for

11 Democracy, Human Rights, and Labor’’ and in12 serting ‘‘Secretary’’;

13 (B) in sections 502B and 505(g)(4)(A) by

14 striking ‘‘, prepared with the assistance of the

15 Assistant Secretary of State for Democracy,

16 Human Rights, and Labor,’’ each place it ap17 pears; and

18 (C) in section 573(c) by striking ‘‘Assist19 ant Secretary of State for Democracy, Human

20 Rights, and Labor’’ and inserting ‘‘Secretary of

21 State’’.

22 (c) ESTABLISHMENT OF BUREAU OF REFUGEE AND

23 MIGRATION ASSISTANCE AND BUREAU OF DEMOCRACY,

24 HUMAN RIGHTS, AND LABOR.—Section 1 of the State De25 partment Basic Authorities Act of 1956 (22 U.S.C.
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1 2651a) is amended by adding after subsection (e) the fol2 lowing new subsection:

3 ‘‘(f) ESTABLISHMENT OF CERTAIN BUREAUS, OF4 FICES, AND OTHER ORGANIZATIONAL ENTITIES WITHIN

5 THE DEPARTMENT OF STATE.—

6 ‘‘(1) BUREAU OF REFUGEE AND MIGRATION AS7 SISTANCE.—There is established within the Depart8 ment of State the Bureau of Refugee and Migration

9 Assistance which shall assist the Secretary of State

10 in carrying out the Migration and Refugee Assist11 ance Act of 1962. The Bureau shall be headed by

12 the Coordinator for Human Rights and Refugees.

13 ‘‘(2) BUREAU OF DEMOCRACY, HUMAN RIGHTS,

14 AND LABOR.—There is established within the De15 partment of State the Bureau of Democracy,

16 Human Rights, and Labor. The Bureau shall be

17 headed by the Coordinator for Human Rights and

18 Refugees. The Bureau shall continuously observe

19 and review all matters pertaining to human rights

20 and humanitarian affairs (including matters relating

21 to prisoners of war and members of the United

22 States Armed Forces missing in action) in the con23 duct of foreign policy including the following:

24 ‘‘(A) Gathering detailed information re25 garding humanitarian affairs and the observ-
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1 ance of and respect for internationally recog2 nized human rights in each country to which

3 the requirements of section 116 and 502B of

4 the Foreign Assistance Act of 1961 are rel5 evant.

6 ‘‘(B) Preparing the statements and reports

7 to Congress required under section 502B of the

8 Foreign Assistance Act of 1961.

9 ‘‘(C) Making recommendations to the Sec10 retary of State regarding compliance with sec11 tions 116 and 502B of the Foreign Assistance

12 Act of 1961, and as part of the Bureau’s over13 all policy responsibility for the creation of Unit14 ed States Government human rights policy, ad15 vising the Secretary on the policy framework

16 under which section 116(e) projects are devel17 oped and consulting with the Secretary on the

18 selection and implementation of such projects.

19 ‘‘(D) Performing other responsibilities

20 which serve to promote increased observance of

21 internationally recognized human rights by all

22 countries.’’.
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1 SEC. 2304. ELIMINATION OF STATUTORY ESTABLISHMENT

2 OF CERTAIN POSITIONS OF THE DEPART3 MENT OF STATE.

4 (a) ASSISTANT SECRETARY OF STATE FOR SOUTH

5 ASIAN AFFAIRS.—Section 122 of the Foreign Relations

6 Authorization Act, Fiscal Years 1992 and 1993 (22

7 U.S.C. 2652b) is repealed.

8 (b) DEPUTY ASSISTANT SECRETARY OF STATE FOR

9 BURDENSHARING.—Section 161 of the Foreign Relations

10 Authorization Act, Fiscal Years 1994 and 1995 (22

11 U.S.C. 2651a note) is amended by striking subsection (f).

12 (c) ASSISTANT SECRETARY FOR OCEANS AND INTER13 NATIONAL ENVIRONMENTAL AND SCIENTIFIC AFFAIRS.—

14 Section 9 of the Department of State Appropriations Au15 thorization Act of 1973 (22 U.S.C. 2655a) is repealed.

16 SEC. 2305. ESTABLISHMENT OF ASSISTANT SECRETARY OF

17 STATE FOR HUMAN RESOURCES.

18 Section 1(c) of the State Department Basic Authori19 ties Act of 1956 (22 U.S.C. 2651a(c)) is amended by add20 ing after paragraph (1) the following new paragraph:

21 ‘‘(2) ASSISTANT SECRETARY FOR HUMAN RE22 SOURCES.—There shall be in the Department of

23 State an Assistant Secretary for Human Resources

24 who shall be responsible to the Secretary of State

25 for matters relating to human resources including

26 the implementation of personnel policies and pro-
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1 grams within the Department of State and inter2 national affairs functions and activities carried out

3 through the Department of State. The Assistant

4 Secretary shall have substantial professional quali5 fications in the field of human resource policy and

6 management.’’.

7 SEC. 2306. AUTHORITY OF UNITED STATES PERMANENT

8 REPRESENTATIVE TO THE UNITED NATIONS.

9 Section 2(a) of the United Nations Participation Act

10 of 1945 (22 U.S.C. 287(a)) is amended by striking ‘‘hold

11 office at the pleasure of the President’’ and inserting

12 ‘‘serve at the pleasure of the President and subject to the

13 direction of the Secretary of State’’.

14 CHAPTER 2—PERSONNEL OF THE DE15 PARTMENT OF STATE; THE FOREIGN

16 SERVICE

17 SEC. 2351. AUTHORIZED STRENGTH OF THE FOREIGN SERV18 ICE.

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

20 of members of the Foreign Service authorized to be em21 ployed as of September 30, 1996—

22 (1) for the Department of State, shall not ex23 ceed 9,000, of whom not more than 720 shall be

24 members of the Senior Foreign Service;
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1 (2) for the United States Information Agency,

2 shall not exceed 1,150, of whom not more than 165

3 shall be members of the Senior Foreign Service; and

4 (3) for the Agency for International Develop5 ment, not to exceed 1,800, of whom not more than

6 240 shall be members of the Senior Foreign Service.

7 (b) END FISCAL YEAR 1997 LEVELS.—The number

8 of members of the Foreign Service authorized to be em9 ployed as of September 30, 1997—

10 (1) for the Department of State, shall not ex11 ceed 8,800, of whom not more than 680 shall be

12 members of the Senior Foreign Service;

13 (2) for the United States Information Agency,

14 not to exceed 1,100 of whom not more than 160

15 shall be members of the Senior Foreign Service; and

16 (3) for the Agency for International Develop17 ment, not to exceed 1,775 of whom not more than

18 230 shall be members of the Senior Foreign Service.

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

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

21 the meaning of such term under section 103 of the For22 eign Service Act of 1980 (22 U.S.C 3903), except that

23 such term does not include—

24 (1) members of the Service under paragraphs

25 (6) and (7) of such section;
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1 (2) members of the Service serving under tem2 porary resident appointments abroad;

3 (3) members of the Service employed on less

4 than a full-time basis;

5 (4) members of the Service subject to involun6 tary separation in cases in which such separation

7 has been suspended pursuant to section 1106(8) of

8 the Foreign Service Act of 1980; and

9 (5) members of the Service serving under non10 career limited appointments.

11 (d) WAIVER AUTHORITY.—(1) Subject to paragraph

12 (2), the President may waive any limitation under sub13 section (a) or (b) to the extent that such waiver is nec14 essary to carry on the foreign affairs functions of the

15 United States.

16 (2) Not less than 15 days before the President exer17 cises a waiver under paragraph (1), such agency head

18 shall notify the Chairman of the Committee on Foreign

19 Relations of the Senate and the Chairman of the Commit20 tee on International Relations of the House of Representa21 tives. Such notice shall include an explanation of the cir22 cumstances and necessity for such waiver.
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1 SEC. 2352. REPEAL OF AUTHORITY FOR SENIOR FOREIGN

2 SERVICE PERFORMANCE PAY.

3 (a) REPEAL.—Section 405 of the Foreign Service Act

4 of 1980 (22 U.S.C. 3965) is repealed.

5 (b) CONFORMING AMENDMENT.—Section 2 of the

6 Foreign Service Act of 1980 is amended in the table of

7 contents by striking the item related to section 405.

8 SEC. 2353. RECOVERY OF COSTS OF HEALTH CARE SERV9 ICES.

10 (a) AUTHORITIES.—Section 904 of the Foreign Serv11 ice Act of 1980 (22 U.S.C. 4084) is amended—

12 (1) in subsection (a) by—

13 (A) striking ‘‘and’’ before ‘‘members of the

14 families of such members and employees’’; and

15 (B) by inserting immediately before the pe16 riod ‘‘, and for care provided abroad) such

17 other persons as are designated by the Sec18 retary of State, except that such persons shall

19 be considered persons other than covered bene20 ficiaries for purposes of subsections (g) and

21 (h)’’;

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

23 the provisions of subsections (g) and (h)’’ after

24 ‘‘treatment’’; and

25 (3) by adding the following new subsections:
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1 ‘‘(g)(1) In the case of a person who is a covered bene2 ficiary, the Secretary of State is authorized to collect from

3 a third-party payer the reasonable costs incurred by the

4 Department of State on behalf of such person for health

5 care services to the same extent that the covered bene6 ficiary would be eligible to receive reimbursement or in7 demnification from the third-party payer for such costs.

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

9 agreement of that third-party payer includes a require10 ment for a deductible or copayment by the beneficiary of

11 the plan, then the Secretary of State may collect from the

12 third-party payer only the reasonable costs of the care pro13 vided less the deductible or copayment amount.

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

15 pay any deductible or copayment for health care services

16 under this subsection.

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

18 or health plan contract or agreement having the effect of

19 excluding from coverage or limiting payment of charges

20 for care in the following circumstances shall operate to

21 prevent collection by the Secretary of State under para22 graph (1)—

23 ‘‘(A) care provided directly or indirectly by a

24 governmental entity;
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1 ‘‘(B) care provided to an individual who has not

2 paid a required deductible or copayment; or

3 ‘‘(C) care provided by a provider with which the

4 third-party payer has no participation agreement.

5 ‘‘(5) No law of any State, or of any political subdivi6 sion of a State, and no provision of any contract or agree7 ment shall operate to prevent or hinder recovery or collec8 tion by the United States under this section.

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

10 of this subsection—

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

12 any right or claim that the covered beneficiary may

13 have against a third-party payer;

14 ‘‘(B) the United States may institute and pros15 ecute legal proceedings against a third-party payer

16 to enforce a right of the United States under this

17 subsection; and

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

19 waive a claim of the United States under this sub20 section.

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

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

23 regulations shall provide for computation of the reasonable

24 cost of health care services.
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1 ‘‘(8) Regulations prescribed under this subsection

2 shall provide that medical records of a covered beneficiary

3 receiving health care under this subsection shall be made

4 available for inspection and review by representatives of

5 the payer from which collection by the United States is

6 sought for the sole purpose of permitting the third party

7 to verify—

8 ‘‘(A) that the care or services for which recov9 ery or collection is sought were furnished to the cov10 ered beneficiary; and

11 ‘‘(B) that the provisions of such care or services

12 to the covered beneficiary meets criteria generally

13 applicable under the health plan contract involved,

14 except that this paragraph shall be subject to the

15 provisions of paragraphs (2) and (4).

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

17 under subsection (h) from a third-party payer or from any

18 other payer shall be deposited as an offsetting collection

19 to any Department of State appropriation and shall re20 main available until expended.

21 ‘‘(10) For purposes of this section—

22 ‘‘(A) the term ‘covered beneficiary’ means an

23 individual eligible to receive health care under this

24 section whose health care costs are to be paid by a
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1 third-party payer under a contractual agreement

2 with such payer;

3 ‘‘(B) the term ‘services’, as used in ‘health care

4 services’ includes products; and

5 ‘‘(C) the term ‘third-party payer’ means an en6 tity that provides a fee-for-service insurance policy,

7 contract, or similar agreement through the Federal

8 Employees Health Benefit program, under which the

9 expenses of health care services for individuals are

10 paid.

11 ‘‘(h) In the case of a person, other than a covered

12 beneficiary, who receives health care services pursuant to

13 this section, the Secretary of State is authorized to collect

14 from such person the reasonable costs of health care serv15 ices incurred by the Department of State on behalf of such

16 person. The United States shall have the same rights

17 against persons subject to the provisions of this subsection

18 as against third-party payers covered by subsection (g).’’.

19 (b) EFFECTIVE DATE.—Subsection (a) shall take ef20 fect October 1, 1996.
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1 TITLE XXIV—UNITED STATES

2 PUBLIC DIPLOMACY: AU3 THORITIES AND ACTIVITIES

4 FOR UNITED STATES INFOR5 MATIONAL, EDUCATIONAL,

6 AND CULTURAL PROGRAMS

7 CHAPTER 1—GENERAL PROVISIONS

8 SEC. 2401. ELIMINATION OF PERMANENT AUTHORIZATION.

9 Section 208 of the Foreign Relations Authorization

10 Act, Fiscal Years 1992 and 1993 is amended by striking

11 subsection (e).

12 SEC. 2402. EXTENSION OF AU PAIR PROGRAMS.

13 Section 8 of the Eisenhower Exchange Fellowship

14 Act of 1990 (Public Law 101–454) is amended in the last

15 sentence by striking ‘‘fiscal year 1995’’ and inserting ‘‘fis16 cal year 1997’’.

17 SEC. 2403. EDUCATIONAL AND CULTURAL EXCHANGES

18 WITH HONG KONG.

19 The Director of the United States Information Agen20 cy shall conduct programs of educational and cultural ex21 change between the United States and the people of Hong

22 Kong.
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1 SEC. 2404. CONDUCT OF CERTAIN EDUCATIONAL AND CUL2 TURAL EXCHANGE PROGRAMS IN ASIA.

3 In carrying out programs of educational and cultural

4 exchange in Hong Kong, China, Vietnam, Cambodia,

5 Tibet, Burma, and East Timor, the Director of the United

6 States Information Agency shall take appropriate steps to

7 provide opportunities for participation in such programs

8 to human rights and democracy leaders of such countries

9 and persons who are nationals but not residents of such

10 countries.

11 SEC. 2405. EDUCATIONAL AND CULTURAL EXCHANGES AND

12 SCHOLARSHIPS FOR TIBETANS AND BUR13 MESE.

14 (a) ESTABLISHMENT OF EDUCATIONAL AND CUL15 TURAL EXCHANGE FOR TIBETANS.—The Director of the

16 United States Information Agency shall establish pro17 grams of educational and cultural exchange between the

18 United States and the people of Tibet. Such programs

19 shall include opportunities for training and, as the Direc20 tor considers appropriate, may include the assignment of

21 personnel and resources abroad.

22 (b) SCHOLARSHIPS FOR TIBETANS AND BURMESE.—

23 (1) For each of the fiscal years 1996 and 1997,

24 at least 30 scholarships shall be made available to

25 Tibetan students and professionals who are outside

26 Tibet, and at least 15 scholarships shall be made
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1 available to Burmese students and professionals who

2 are outside Burma.

3 (2) WAIVER.—Paragraph (1) shall not apply to

4 the extent that the Director of the United States In5 formation Agency determines that there are not

6 enough qualified students to fulfill such allocation

7 requirement.

8 (3) SCHOLARSHIP DEFINED.—For the purposes

9 of this section, the term ‘‘scholarship’’ means an

10 amount to be used for full or partial support of tui11 tion and fees to attend an educational institution,

12 and may include fees, books, and supplies, equip13 ment required for courses at an educational institu14 tion, living expenses at a United States educational

15 institution, and travel expenses to and from, and

16 within, the United States.

17 SEC. 2406. AVAILABILITY OF VOICE OF AMERICA AND

18 RADIO MARTI MULTILINGUAL COMPUTER

19 READABLE TEXT AND VOICE RECORDINGS.

20 (a) IN GENERAL.—Notwithstanding section 208 of

21 the Foreign Relations Authorization Act, Fiscal Years

22 1986 and 1987 (22 U.S.C. 1461–1a) and the second sen23 tence of section 501 of the United States Information and

24 Educational Exchange Act of 1948 (22 U.S.C. 1461), the

25 Director of the United States Information Agency is au-
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1 thorized to make available, upon request, to the Linguistic

2 Data Consortium of the University of Pennsylvania com3 puter readable multilingual text and recorded speech in

4 various languages. The Consortium shall, directly or indi5 rectly as appropriate, reimburse the Director for any ex6 penses involved in making such materials available.

7 (b) TERMINATION.—Subsection (a) shall cease to

8 have effect 5 years after the date of the enactment of this

9 Act.

10 SEC. 2407. RETENTION OF INTEREST.

11 Notwithstanding any other provision of law, with the

12 approval of the National Endowment for Democracy,

13 grant funds made available by the National Endowment

14 for Democracy may be deposited in interest-bearing ac15 counts pending disbursement and any interest which ac16 crues may be retained by the grantee and used for the

17 purposes for which the grant was made.

18 SEC. 2408. USIA OFFICE IN PRISTINA, KOSOVA.

19 (a) ESTABLISHMENT OF OFFICE.—The Director of

20 the United States Information Agency shall seek to estab21 lish an office in Pristina, Kosova, for the following pur22 poses:

23 (1) Disseminating information about the United

24 States.
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1 (2) Promoting discussions on human rights, de2 mocracy, rule of law, and conflict resolution.

3 (3) Facilitating United States private sector in4 volvement in educational and cultural activities in

5 Kosova.

6 (4) Advising the United States Government

7 with respect to public opinion in Kosova.

8 (b) REPORT TO CONGRESS.—Not later than April 1

9 of each year until subsection (a) has been fully imple10 mented, the Director of the United States Information

11 Agency shall submit a detailed report on developments re12 lating to the implementation of subsection (a) to the ap13 propriate congressional committees.

14 CHAPTER 2—INTERNATIONAL

15 BROADCASTING

16 SEC. 2431. EXPANSION OF BROADCASTING BOARD OF GOV17 ERNORS.

18 Section 304(b) of the United States International

19 Broadcasting Act of 1994 (22 U.S.C. 6203) is amended—

20 (1) in paragraph (1) by striking ‘‘9’’ and insert21 ing ‘‘11’’;

22 (2) in paragraph (1)(A) by striking ‘‘8’’ and in23 serting ‘‘10’’; and

24 (3) in paragraph (3) by striking ‘‘4’’ and insert25 ing ‘‘5’’.
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1 SEC. 2432. PLAN FOR RADIO FREE ASIA.

2 Section 309(c) of the United States International

3 Broadcasting Act of 1994 (22 U.S.C. 6208(c)) is amended

4 to read as follows:

5 ‘‘(c) SUBMISSION OF PLAN.—Not later than 90 days

6 after the date of the enactment of the Foreign Relations

7 Authorization Act, Fiscal Years 1996 and 1997, the Di8 rector of the United States Information Agency shall sub9 mit to the Congress a detailed plan for the establishment

10 and operation of Radio Free Asia in accordance with this

11 section. Such plan shall include the following:

12 ‘‘(1) A description of the manner in which

13 Radio Free Asia would meet the funding limitations

14 provided in subsection (d)(4).

15 ‘‘(2) A description of the numbers and quali16 fications of employees it proposes to hire.

17 ‘‘(3) How it proposes to meet the technical re18 quirements for carrying out its responsibilities under

19 this section.’’.

20 SEC. 2433. PILOT PROJECT FOR FREEDOM BROADCASTING

21 TO ASIA.

22 (a) AUTHORITY.—The Director of the United States

23 Information Agency shall make grants for broadcasting to

24 the People’s Republic of China, Burma, Cambodia, Laos,

25 North Korea, Tibet, and Vietnam. Such broadcasting shall

26 provide accurate and timely information, news, and com-
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1 mentary about events in the respective countries of Asia

2 and elsewhere, and shall be a forum for a variety of opin3 ions and voices from within Asian nations whose people

4 do not fully enjoy freedom of expression.

5 (b) PURPOSE.—The purpose of such grants shall be

6 to provide such broadcasting on an interim basis during

7 the period before Radio Free Asia becomes fully oper8 ational.

9 (c) APPLICATIONS.—In considering applications for

10 grants, the Director of the United States Information

11 Agency shall give strong preference to entities which (1)

12 take advantage of the expertise of political and religious

13 dissidents and pro-democracy and human rights activists

14 from within the countries to whom broadcasting is di15 rected, including exiles from these countries; and (2) take

16 advantage of contracts or similar arrangements with exist17 ing broadcast facilities so as to provide immediate broad18 cast coverage with low overhead.

19 (d) PLAN.—Not later than 30 days after the date of

20 the enactment of this Act, the Director of the United

21 States Information Agency shall submit to the appropriate

22 congressional committees a plan for implementing this sec23 tion which shall include details concerning timetable for

24 implementation, grant criteria, and grant application pro25 cedures. The procedures and timetable should be designed
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1 to ensure that grantees will begin broadcasting not later

2 than 120 days after the date of the enactment of this Act.

3 TITLE XXV—INTERNATIONAL

4 ORGANIZATIONS AND COM5 MISSIONS

6 CHAPTER 1—GENERAL PROVISIONS

7 SEC. 2501. INTERNATIONAL BOUNDARY AND WATER COM8 MISSION.

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

10 277–277f), is amended in section 3 (22 U.S.C. 277b) by

11 adding at the end the following new subsection:

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

13 in order to facilitate further compliance with the terms

14 of the Convention for Equitable Distribution of the Waters

15 of the Rio Grande, May 21, 1906, United States-Mexico,

16 the Secretary of State, acting through the United States

17 Commissioner of the International Boundary and Water

18 Commission, may make improvements to the Rio Grande

19 Canalization Project, originally authorized by the Act of

20 August 29, 1935 (49 Stat. 961). Such improvements may

21 include all such works as may be needed to stabilize the

22 Rio Grande in the reach between the Percha Diversion

23 Dam in New Mexico and the American Diversion Dam in

24 El Paso.’’.
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1 SEC. 2502. REPEAL OF AUTHORITY FOR PARTICIPATION BY

2 THE UNITED STATES IN THE

3 INTERPARLIAMENTARY UNION.

4 The Act entitled ‘‘An Act to authorize participation

5 by the United States in the Interparliamentary Union’’,

6 approved June 28, 1935 (22 U.S.C. 276–276a–4) is re7 pealed.

8 CHAPTER 2—UNITED NATIONS AND AF9 FILIATED AGENCIES AND ORGANIZA10 TIONS

11 SEC. 2521. REFORM IN BUDGET DECISIONMAKING PROCE12 DURES OF THE UNITED NATIONS AND ITS

13 SPECIALIZED AGENCIES.

14 (a) ASSESSED CONTRIBUTIONS.—Of amounts au15 thorized to be appropriated for ‘‘Assessed Contributions

16 to International Organizations’’ by this Act, the President

17 may withhold 20 percent of the funds appropriated for the

18 United States assessed contribution to the United Nations

19 or to any of its specialized agencies for any calendar year

20 if the United Nations or any such agency has failed to

21 implement or to continue to implement consensus-based

22 decisionmaking procedures on budgetary matters which

23 assure that sufficient attention is paid to the views of the

24 United States and other member states that are the major

25 financial contributors to such assessed budgets.
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1 (b) NOTICE TO CONGRESS.—The President shall no2 tify the Congress when a decision is made to withhold any

3 share of the United States assessed contribution to the

4 United Nations or its specialized agencies pursuant to

5 subsection (a) and shall notify the Congress when the deci6 sion is made to pay any previously withheld assessed con7 tribution. A notification under this subsection shall include

8 appropriate consultation between the President (or the

9 President’s representative) and the Committee on Inter10 national Relations of the House of Representatives and

11 the Committee on Foreign Relations of the Senate.

12 (c) CONTRIBUTIONS FOR PRIOR YEARS.—Subject to

13 the availability of appropriations, payment of assessed

14 contributions for prior years may be made to the United

15 Nations or any of its specialized agencies notwithstanding

16 subsection (a) if such payment would further United

17 States interests in that organization.

18 (d) REPORT TO CONGRESS.—Not later than Feb19 ruary 1 of each year, the President shall submit to the

20 appropriate congressional committees a report concerning

21 the amount of United States assessed contributions paid

22 to the United Nations and each of its specialized agencies

23 during the preceding calendar year.
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1 SEC. 2522. LIMITATION ON CONTRIBUTIONS TO THE UNIT2 ED NATIONS OR UNITED NATIONS AFFILI3 ATED ORGANIZATIONS.

4 The United States shall not make any voluntary or

5 assessed contribution—

6 (1) to any affiliated organization of the United

7 Nations which grants full membership as a state to

8 any organization or group that does not have the

9 internationally recognized attributes of statehood, or

10 (2) to the United Nations, if the United Na11 tions grants full membership as a state in the Unit12 ed Nations to any organization or group that does

13 not have the internationally recognized attributes of

14 statehood,

15 during any period in which such membership is effective.

16 SEC. 2523. REPORT ON UNICEF.

17 Not later than December 31, 1995, the Secretary of

18 State shall transmit to the appropriate congressional com19 mittees a report on (1) the progress of UNICEF toward

20 effective financial, program, and personnel management;

21 (2) the progress of UNICEF in shifting its health, child

22 survival, and maternal survival programs toward efficient

23 and low-overhead contractors, with particular emphasis on

24 nongovernmental organizations; and (3) the extent to

25 which UNICEF has demonstrated its commitment to its

26 traditional mission of child health and welfare and resisted
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1 pressure to become involved in functions performed by

2 other United Nations agencies.

3 SEC. 2524. UNITED NATIONS BUDGETARY AND MANAGE4 MENT REFORM.

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

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

7 at the end the following new section:

8 ‘‘SEC. 10. (a) WITHHOLDING OF CONTRIBUTIONS

9 RELATED TO THE ROLE OF THE INSPECTOR GENERAL

10 OF THE UNITED NATIONS.—

11 ‘‘(1) ASSESSED CONTRIBUTIONS FOR REGULAR

12 UNITED NATIONS BUDGET.—For fiscal year 1996

13 and for each subsequent fiscal year, 20 percent of

14 the amount of funds made available for that fiscal

15 year for United States assessed contributions for the

16 regular United Nations budget shall be withheld

17 from obligation and expenditure unless a certifi18 cation for that fiscal year has been made under sub19 section (b).

20 ‘‘(2) ASSESSED CONTRIBUTIONS FOR UNITED

21 NATIONS PEACEKEEPING.—For fiscal year 1996 and

22 for each subsequent fiscal year, 50 percent of the

23 amount of funds made available for that fiscal year

24 for United States assessed contributions for United

25 Nations peacekeeping activities shall be withheld
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1 from obligation and expenditure unless a certifi2 cation for that fiscal year has been made under sub3 section (b).

4 ‘‘(3) VOLUNTARY CONTRIBUTIONS FOR UNITED

5 NATIONS PEACEKEEPING.—For fiscal year 1996 and

6 for each subsequent fiscal year, the United States

7 may not pay any voluntary contribution to the Unit8 ed Nations for international peacekeeping activities

9 unless a certification for that fiscal year has been

10 made under subsection (b).

11 ‘‘(b) CERTIFICATION.—The certification referred to

12 in subsection (a) for any fiscal year is a certification by

13 the President to the Congress, submitted on or after the

14 beginning of that fiscal year, of each of the following:

15 ‘‘(1) The United Nations has an independent

16 office of Inspector General to conduct and supervise

17 objective audits, inspections, and investigations re18 lating to programs and operations of the United Na19 tions.

20 ‘‘(2) The United Nations has an Inspector Gen21 eral who was appointed by the Secretary General

22 with the approval of the General Assembly and

23 whose appointment was made principally on the

24 basis of the appointee’s integrity and demonstrated

25 ability in accounting, auditing, financial analysis,
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1 law, management analysis, public administration, or

2 investigation.

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

4 ‘‘(A) make investigations and reports relat5 ing to the administration of the programs and

6 operations of the United Nations;

7 ‘‘(B) have access to all records, documents,

8 and other available materials relating to those

9 programs and operations;

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

11 official of the United Nations; and

12 ‘‘(D) have access to all records and offi13 cials of the specialized agencies of the United

14 Nations.

15 ‘‘(4) The United Nations has fully imple16 mented, and made available to all member states,

17 procedures that effectively protect the identity of,

18 and prevent reprisals against, any staff member of

19 the United Nations making a complaint or disclosing

20 information to, or cooperating in any investigation

21 or inspection by, the United Nations Inspector Gen22 eral.

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

24 procedures that ensure compliance with rec-
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1 ommendations of the United Nations Inspector Gen2 eral.

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

4 United Nations Inspector General to issue an annual

5 report and has ensured that the annual report and

6 all other reports of the Inspector General are made

7 available to the General Assembly without modifica8 tion.

9 ‘‘(7) The United Nations has provided, and is

10 committed to providing, sufficient budgetary re11 sources to ensure the effective operation of the Unit12 ed Nations Inspector General.’’.

13 (b) WITHHOLDING OF CONTRIBUTIONS RELATED TO

14 CONTRACTING OF THE UNITED NATIONS.—The United

15 Nations Participation Act of 1945 (22 U.S.C. 287 et seq.)

16 is further amended by adding at the end the following new

17 section:

18 ‘‘SEC. 11. (a) WITHHOLDING OF CONTRIBUTIONS

19 RELATED TO TIMELY NOTICE OF CONTRACT OPPORTUNI20 TIES AND CONTRACT AWARDS.—

21 ‘‘(1) WITHHOLDING OF ASSESSED CONTRIBU22 TIONS FOR REGULAR UNITED NATIONS BUDGET.—

23 For fiscal year 1997 and for each subsequent fiscal

24 year, 10 percent of the amount of funds made avail25 able for that fiscal year for United States assessed
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1 contributions for the regular United Nations budget

2 shall be withheld from obligation and expenditure

3 unless a certification for that fiscal year has been

4 made under paragraph (2).

5 ‘‘(2) CERTIFICATION.—The certification re6 ferred to in paragraph (1) for any fiscal year is a

7 certification by the President to the Congress, sub8 mitted on or after the beginning of that fiscal year,

9 that the United Nations has implemented a system

10 requiring (A) prior notification for the submission of

11 all qualified bid proposals on all United Nations pro12 curement opportunities over $100,000 and (B) a

13 public announcement of the award of any contract

14 over $100,000. To the extent practicable, notifica15 tions shall be made in the Commerce Business

16 Daily.

17 ‘‘(b) WITHHOLDING OF CONTRIBUTIONS RELATED

18 TO DISCRIMINATION AGAINST COMPANIES WHICH CHAL19 LENGE CONTRACT AWARDS.—

20 ‘‘(1) WITHHOLDING OF ASSESSED CONTRIBU21 TIONS FOR REGULAR UNITED NATIONS BUDGET.—

22 For fiscal year 1997 and for each subsequent fiscal

23 year, 10 percent of the amount of funds made avail24 able for that fiscal year for United States assessed

25 contributions for the regular United Nations budget
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1 shall be withheld from obligation and expenditure

2 unless a certification for that fiscal year has been

3 made under paragraph (2).

4 ‘‘(2) CERTIFICATION.—The certification re5 ferred to in paragraph (1) for any fiscal year is a

6 certification by the President to the Congress, sub7 mitted on or after the beginning of that fiscal year,

8 that the procurement regulations of the United Na9 tions prohibit punitive actions such as the suspen10 sion of contract eligibility for contractors who chal11 lenge contract awards or complain about delayed

12 payments.

13 ‘‘(c) WITHHOLDING OF CONTRIBUTIONS RELATED

14 TO ESTABLISHMENT OF A UNITED NATIONS CONTRACT

15 REVIEW PROCESS.—

16 ‘‘(1) WITHHOLDING OF ASSESSED CONTRIBU17 TIONS FOR REGULAR UNITED NATIONS BUDGET.—

18 For fiscal year 1998 and for each subsequent fiscal

19 year, 10 percent of the amount of funds made avail20 able for that fiscal year for United States assessed

21 contributions for the regular United Nations budget

22 shall be withheld from obligation and expenditure

23 unless a certification for that fiscal year has been

24 made under paragraph (2).
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1 ‘‘(2) CERTIFICATION.—The certification re2 ferred to in paragraph (1) for any fiscal year is a

3 certification by the President to the Congress, sub4 mitted on or after the beginning of that fiscal year,

5 that the United Nations has established a contract

6 review process for contracts over $100,000 and a

7 process to assure unsuccessful bidders a timely op8 portunity to challenge awards for contracts over

9 $100,000 such bidders consider to have been made

10 improperly.’’.

11 (c) PROCUREMENT INFORMATION.—Section 4(d) of

12 the United Nations Participation Act of 1945 (22 U.S.C.

13 287b(d)), as amended by section 407 of the Foreign Rela14 tions Authorization Act, Fiscal Years 1994 and 1995

15 (Public Law 103–236) is amended in paragraph (2)(B)

16 by inserting before the period ‘‘, including local procure17 ment contracts’’.

18 TITLE XXVI—FOREIGN POLICY

19 PROVISIONS

20 CHAPTER 1—MISCELLANEOUS FOREIGN

21 POLICY PROVISIONS

22 SEC. 2601. TAIWAN RELATIONS ACT.

23 Section 3 of the Taiwan Relations Act (22 U.S.C.

24 3302) is amended by adding at the end the following new

25 subsection:
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1 ‘‘(d) The provisions of subsections (a) and (b) super2 sede any provision of the Joint Communique of the United

3 States and China of August 17, 1982.’’.

4 SEC. 2602. BOSNIA GENOCIDE JUSTICE ACT.

5 (a) SHORT TITLE.—This section may be cited as the

6 ‘‘Bosnia Genocide Justice Act’’.

7 (b) POLICY.—

8 (1) IN GENERAL.—Consistent with inter9 national law, it is the policy of the United States to

10 bring to justice persons responsible for genocide, war

11 crimes, crimes against humanity and other serious

12 violations of international humanitarian law commit13 ted in the territory of the former Yugoslavia since

14 1991.

15 (2) SENSE OF CONGRESS.—The Congress urges

16 the President—

17 (A) to collect or assist appropriate organi18 zations and individuals to collect relevant data

19 on these crimes committed in the former Yugo20 slavia;

21 (B) to share such data with the War

22 Crimes Tribunal for the former Yugoslavia es23 tablished by the Security Council of the United

24 Nations;
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1 (C) to assist United Nations efforts to in2 vestigate, prosecute, and try those responsible

3 for genocide, war crimes, crimes against hu4 manity and other serious violations of inter5 national humanitarian law committed in the

6 territory of the former Yugoslavia since 1991;

7 (D) to submit to the Congress implement8 ing legislation to enable compliance with re9 quests and orders of the tribunal; and

10 (E) to support the ongoing work of the

11 Tribunal through adequate financial contribu12 tions to the United Nations Voluntary Fund for

13 the War Crimes Tribunal for the former Yugo14 slavia for 1996 and 1997.

15 (c) REPORTING REQUIREMENT.—Beginning 6

16 months after the date of enactment of this Act, and every

17 6 months thereafter during fiscal years 1996 and 1997,

18 the President shall submit a report describing the steps

19 taken to implement the provisions of this section to the

20 appropriate congressional committees.

21 SEC. 2603. EXPANSION OF COMMISSION ON SECURITY AND

22 COOPERATION IN EUROPE.

23 Section 3(a) of the Act entitled ‘‘An Act to establish

24 a Commission on Security and Cooperation in Europe’’,

25 approved June 3, 1976 (22 U.S.C. 3003) is amended—
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1 (1) by striking ‘‘twenty-one’’ and inserting

2 ‘‘twenty-nine’’; and

3 (2) by striking paragraphs (1) and (2) and in4 serting the following:

5 ‘‘(1) Thirteen Members of the House of Rep6 resentatives appointed by the Speaker of the House

7 of Representatives. Seven Members shall be selected

8 from the majority party and six Members shall be

9 selected, after consultation with the minority leader

10 of the House, from the minority party.

11 ‘‘(2) Thirteen Members of the Senate appointed

12 by the President of the Senate. Seven Members shall

13 be selected from the majority party of the Senate,

14 after consultation with the majority leader, and six

15 Members shall be selected, after consultation with

16 the minority leader of the Senate, from the minority

17 party.’’.

18 SEC. 2604. REPEAL OF TERMINATION OF PROVISIONS OF

19 THE NUCLEAR PROLIFERATION PREVENTION

20 ACT OF 1994.

21 Part D of the Nuclear Proliferation Prevention Act

22 of 1994 (part D of title VIII of the Foreign Relations Au23 thorization Act, Fiscal Years 1994 and 1995; Public Law

24 103–236; 108 Stat. 525) is hereby repealed.
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1 SEC. 2605. ANNUAL ASSESSMENT.

2 The Secretary of State shall assess the impact of the

3 foreign policy of the United States on the ability of United

4 States entities engaged in the manufacture, sale, distribu5 tion, or provision of goods or services to compete in foreign

6 markets. The Secretary shall provide such assessments an7 nually to the Committee on International Relations of the

8 House of Representatives and the Committee on Foreign

9 Relations of the Senate and shall publish such assess10 ments in the Federal Register.

11 SEC. 2606. VERIFICATION OF MISSILE TECHNOLOGY CON12 TROL REGIME.

13 Not later than February 1, 1996, the Director of the

14 Arms Control and Disarmament Agency shall transmit to

15 the Congress a report on the capability of the United

16 States to verify the Missile Technology Control Regime,

17 to include any applicable United States policy statements,

18 pursuant to section 37 of the Arms Control and Disar19 mament Act.

20 SEC. 2607. BOSNIA AND HERZEGOVINA SELF-DEFENSE ACT.

21 (a) SHORT TITLE.—This section may be cited as the

22 ‘‘Bosnia and Herzegovina Self-Defense Act’’.

23 (b) FINDINGS.—The Congress makes the following

24 findings:

25 (1) The Serbian aggression against Bosnia and

26 Herzegovina continues into its third year, the vio-
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1 lence has escalated and become widespread, and eth2 nic cleansing by Serbs has been renewed.

3 (2) It has been almost one year since the

4 Bosnian Government unconditionally, and on time,

5 accepted the ‘‘Contact Group’’ plan, which the Serb

6 forces have rejected.

7 (3) The United Nations has failed to protect its

8 declared safe havens from continuing and relentless

9 Serbian aggression, and has failed to order North

10 Atlantic Treaty Organization (NATO) air strikes

11 against Serb forces in retaliation for their attacks on

12 Sarajevo, despite calls from its own field commander

13 to do so.

14 (4) The United Nations Security Council has

15 not considered a resolution providing for the multi16 lateral termination of the arms embargo against

17 Bosnia and Herzegovina, which would be the pre18 ferred course of action to allow that country to de19 fend itself.

20 (5) The United Nations Security Council has

21 not taken measures necessary to maintain inter22 national peace and security in Bosnia and

23 Herzegovina since the aggression against that coun24 try begin in April 1992.
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1 (6) For the reasons stated in section 520 of the

2 Foreign Relations Authorization Act, Fiscal Years

3 1994 and 1995 (Public Law 103–236), the Congress

4 has found that continued application of an inter5 national arms embargo to the Government of Bosnia

6 and Herzegovina contravenes that Government’s in7 herent right of individual or collective self-defense

8 under Article 51 of the United Nations Charter, and

9 therefore is inconsistent with international law.

10 (c) STATEMENT OF PURPOSE.—The Congress sup11 ports the efforts of the Government of the Republic of

12 Bosnia and Herzegovina—

13 (1) to defend its people and the territory of the

14 Republic;

15 (2) to preserve the sovereignty, independence,

16 and territorial integrity of the Republic; and

17 (3) to bring about a peaceful, just, fair, viable,

18 and sustainable settlement of the conflict in Bosnia

19 and Herzegovina.

20 (d) TERMINATION OF ARMS EMBARGO.—

21 (1) TERMINATION.—The President shall termi22 nate the United States arms embargo of the Govern23 ment of Bosnia and Herzegovina upon receipt from

24 that Government of a request for assistance in exer-
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1 cising its right of self-defense under Article 51 of

2 the United States Charter.

3 (2) DEFINITION.—As used in this section, the

4 term ‘‘United States arms embargo of the Govern5 ment of Bosnia and Herzegovina’’ means the appli6 cation to the Government of Bosnia and

7 Herzegovina of—

8 (A) the policy adopted July 10, 1991, and

9 published in the Federal Register of July 19,

10 1991 (58 F.R. 33322) under the heading ‘‘Sus11 pension of Munitions Export Licensees to Yugo12 slavia’’; and

13 (B) any similar policy applied by the Unit14 ed States Government as of the date of receipt

15 of the request described in paragraph (1) pur16 suant to which approval is denied for transfers

17 of defense articles and defense services to the

18 former Yugoslavia.

19 (3) RULE OF CONSTRUCTION.—Nothing in this

20 section shall be interpreted as authorization for de21 ployment of United States forces in the territory of

22 Bosnia and Herzegovina for any purpose, including

23 training, support, or delivery of military equipment.
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1 CHAPTER 2—RELATING TO THE UNITED

2 STATES-NORTH KOREA AGREED

3 FRAMEWORK AND THE OBLIGATIONS

4 OF NORTH KOREA UNDER THAT AND

5 PREVIOUS AGREEMENTS WITH RE6 SPECT TO THE DENUCLEARIZATION

7 OF THE KOREAN PENINSULA AND DIA8 LOGUE WITH THE REPUBLIC OF

9 KOREA

10 SEC. 2641. FINDINGS.

11 The Congress makes the following findings:

12 (1) The United States-Democratic People’s Re13 public of Korea Agreed Framework (hereafter in this

14 chapter referred to as the ‘‘Agreed Framework’’),

15 entered into on October 21, 1994, between the Unit16 ed States and North Korea, requires North Korea to

17 stop and eventually dismantle its graphite-moderated

18 nuclear reactor program and related facilities, and

19 comply fully with its obligations under the Treaty on

20 the Non-Proliferation of Nuclear Weapons, in ex21 change for alternative energy sources, including in22 terim supplies of heavy fuel oil for electric genera23 tors and more proliferation-resistant light water re24 actor technology.
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1 (2) The Agreed Framework also commits North

2 Korea to ‘‘consistently take steps to implement the

3 North-South Joint Declaration on the

4 Denuclearization of the Korean Peninsula’’ and ‘‘en5 gage in North-South’’ dialogue with the Republic of

6 Korea.

7 (3) The Agreed Framework does not indicate

8 specific criteria for full normalization of relations be9 tween the United States and North Korea, and does

10 not link the sequencing of actions in the Agreed

11 Framework with any time-frame for carrying out the

12 provisions of the North-South Joint Declaration on

13 the Denuclearization of the Korean Peninsula and

14 carrying out the dialogue between North Korea and

15 the Republic of Korea.

16 (4) The commitment by North Korea to carry

17 out the letter and spirit of the Agreed Framework

18 has been put into doubt by actions of North Korea

19 since October 21, 1994, including the suspected di20 version of United States heavy fuel oil in apparent

21 contravention of the agreed purpose of the interim

22 fuel deliveries, the refusal to accept light water reac23 tors from the Republic of Korea, the harsh denun24 ciations of the Government of the Republic of Korea,

25 and other actions contrary to the commitment by
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1 North Korea to engage in a dialogue with such Gov2 ernment, and the continued conduct of provocative,

3 offensive oriented military exercises.

4 (5) The nuclear threat posed by North Korea is

5 just one of a number of security concerns of the

6 United States arising out of the policies of North

7 Korea.

8 SEC. 2642. CLARIFICATION OF NUCLEAR NONPROLIFERA9 TION OBLIGATIONS OF NORTH KOREA

10 UNDER THE AGREED FRAMEWORK.

11 It is the sense of the Congress that in discussions

12 or negotiations with the Government of North Korea pur13 suant to the implementation of the United States-Demo14 cratic People’s Republic of Korea Agreed Framework en15 tered into on October 21, 1994, the President should up16 hold the following minimum conditions relating to nuclear

17 nonproliferation:

18 (1) All spent fuel from the graphite-moderated

19 nuclear reactors and related facilities of North

20 Korea should be removed from the territory of North

21 Korea as is consistent with the Agreed Framework.

22 (2) The International Atomic Energy Agency

23 should have the freedom to conduct any and all in24 spections that it deems necessary to fully account for

25 the stocks of plutonium and other nuclear materials
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1 in North Korea, including special inspections of sus2 pected nuclear waste sites, before any nuclear com3 ponents controlled by the Nuclear Supplier Group

4 Guidelines are delivered for a light water reactor for

5 North Korea.

6 (3) The dismantlement of all declared graphite7 based nuclear reactors and related facilities in North

8 Korea, including reprocessing units, should be com9 pleted in accordance with the Agreed Framework

10 and in a manner that effectively bars in perpetuity

11 any reactivation of such reactors and facilities.

12 (4) The United States should suspend actions

13 described in the Agreed Framework if North Korea

14 reloads its existing 5 megawatt nuclear reactor or

15 resumes construction of nuclear facilities other than

16 those permitted to be built under the Agreed Frame17 work.

18 SEC. 2643. ROLE OF THE REPUBLIC OF KOREA UNDER THE

19 AGREED FRAMEWORK.

20 It is further the sense of the Congress that the Re21 public of Korea should play the central role in the project

22 to provide light water reactors to North Korea under the

23 Agreed Framework.
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1 SEC. 2644. FURTHER STEPS TO PROMOTE UNITED STATES

2 SECURITY AND POLITICAL INTERESTS WITH

3 RESPECT TO NORTH KOREA.

4 It is further the sense of the Congress that, after the

5 date of the enactment of this Act, the President should

6 not take further steps toward upgrading diplomatic rela7 tions with North Korea beyond opening liaison offices or

8 relaxing trade and investment barriers imposed against

9 North Korea without—

10 (1) action by the Government of North Korea

11 to engage in a North-South dialogue with the Gov12 ernment of the Republic of Korea to facilitate

13 progress toward:

14 (A) holding a North Korea-South Korea

15 Summit;

16 (B) resuming North-South joint military

17 discussions regarding steps to reduce tensions

18 between North and South Korea;

19 (C) expanding trade relations between

20 North and South Korea;

21 (D) promoting freedom of travel between

22 North and South Korea by citizens of both

23 North and South Korea;

24 (E) cooperating in science and technology,

25 education, the arts, health, sports, the environ-
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1 ment, publishing, journalism, and other fields of

2 mutual interest;

3 (F) establishing postal and telecommuni4 cations services between North and South

5 Korea; and

6 (G) reconnecting railroads and roadways

7 between North and South Korea;

8 (2) significant progress toward implementation

9 of the North-South Joint Declaration on the

10 Denuclearization of the Korean Peninsula; and

11 (3) progress toward the achievement of several

12 long-standing United States policy objectives regard13 ing North Korea and the Korean Peninsula, includ14 ing—

15 (A) reducing the number of military forces

16 of North Korea along the Demilitarized Zone

17 and relocating such military forces away from

18 the Demilitarized Zone;

19 (B) prohibiting any movement by North

20 Korea toward the deployment of an intermedi21 ate range ballistic missile system; and

22 (C) prohibiting the export by North Korea

23 of missiles and other weapons of mass destruc24 tion, including related technology and compo25 nents.
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1 SEC. 2645. RESTRICTIONS ON ASSISTANCE TO NORTH

2 KOREA AND THE KOREAN PENINSULA EN3 ERGY DEVELOPMENT ORGANIZATION.

4 (a) IN GENERAL.—Chapter 1 of part III of the For5 eign Assistance Act of 1961 (22 U.S.C. 2370 et seq.) is

6 amended by adding at the end the following new section:

7 ‘‘SEC. 620G. ASSISTANCE TO NORTH KOREA AND THE KO8 REAN PENINSULA ENERGY DEVELOPMENT

9 ORGANIZATION.

10 ‘‘No assistance may be provided under this Act or

11 any other provision of law to North Korea or the Korean

12 Peninsula Energy Development Organization unless—

13 ‘‘(1) such assistance is provided in accordance

14 with all requirements, limitations, and procedures

15 otherwise applicable to the provision of such assist16 ance for such purposes; and

17 ‘‘(2) the President—

18 ‘‘(A) notifies the congressional committees

19 specified in section 634A(a) of this Act prior to

20 the obligation of such assistance in accordance

21 with the procedures applicable to

22 reprogramming notifications under that section,

23 irrespective of the amount of the proposed obli24 gation of such assistance; and

25 ‘‘(B) determines and reports to such com26 mittees that the provision of such assistance is
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1 vital to the national interests of the United

2 States.’’.

3 (b) EFFECTIVE DATE.—Section 620G of the Foreign

4 Assistance Act of 1961, as added by subsection (a), ap5 plies with respect to assistance provided to North Korea

6 or the Korean Peninsula Energy Development Organiza7 tion on or after the date of the enactment of this Act.

8 CHAPTER 3—BURMA

9 SEC. 2651. UNITED STATES POLICY CONCERNING THE DIC10 TATORSHIP IN BURMA.

11 (a) SENSE OF THE CONGRESS.—It is the sense of the

12 Congress that the President should take steps to encour13 age the United Nations Security Council to—

14 (1) impose an international arms embargo on

15 Burma;

16 (2) affirm support for human rights and the

17 protection of all Karen, Karenni, and other minori18 ties in Burma;

19 (3) condemn Burmese officials responsible for

20 crimes against humanity;

21 (4) take steps to encourage multilateral assist22 ance programs for refugees from Burma in Thailand

23 and India; and

24 (5) reduce United Nations activities in Burma,

25 including UNDP (United Nations Development Pro-
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1 gram), UNICEF (United Nations Childrens Fund),

2 UNFPA (United Nations Family Planning Agency),

3 World Health Organization (WHO), Food and Agri4 culture Organization (FAO), and UNIDCP (United

5 Nations International Drug Control Program) activi6 ties.

7 (b) REDUCTION IN DIPLOMATIC PRESENCE.—It is

8 the sense of the Congress that the President should reduce

9 the diplomatic presence of the United States in Burma

10 by reducing the total number of the members of the For11 eign Service stationed in Burma on the date of enactment

12 of this Act.

13 CHAPTER 4—TORTURE

14 SEC. 2661. DEFINITIONS.

15 (a) TORTURE.—As used in this chapter, the term

16 ‘‘torture’’ means any act by which severe pain or suffering,

17 whether physical or mental, is intentionally inflicted on a

18 person for such purposes as obtaining from the person or

19 a third person information or a confession, punishing the

20 person for an act the person or a third person has commit21 ted or is suspected of having committed, or intimidating

22 or coercing the person or a third person, or for any reason

23 based on discrimination of any kind, when such pain or

24 suffering is inflicted by, at the instigation of, or with the

25 consent or acquiescence of a public official or other person
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1 acting in an official capacity. It does not include pain or

2 suffering arising only from, inherent in, or incidental to

3 lawful sanctions.

4 (b) SUBSTANTIAL GROUNDS FOR BELIEVING.—As

5 used in this chapter, the term ‘‘substantial grounds for

6 believing’’ means substantial evidence.

7 (c) IN DANGER OF BEING SUBJECTED TO TOR8 TURE.—As used in this chapter, the term ‘‘in danger of

9 being subjected to torture’’ means circumstances in which

10 a reasonable person would fear subjection to torture.

11 (d) INVOLUNTARILY RETURN.—As used in this chap12 ter, the term ‘‘involuntarily return’’ means to take action

13 by which it is reasonably foreseeable that a person will

14 be required to return to a country against the person’s

15 will, regardless of whether such return is induced by phys16 ical force and regardless of whether the person is phys17 ically present in the United States.

18 SEC. 2662. UNITED STATES POLICY WITH RESPECT TO THE

19 INVOLUNTARY RETURN OF PERSONS SUB20 JECTED TO TORTURE.

21 No funds authorized to be appropriated by this Act

22 are authorized to be available to expel, extradite, or other23 wise involuntarily return a person to a country in which

24 there are substantial grounds for believing the person
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1 would be in danger of being subjected to torture, or to

2 support, promote, or assist such involuntary return.

3 TITLE XXVII—CONGRESSIONAL

4 STATEMENTS

5 SEC. 2701. INTER-AMERICAN ORGANIZATIONS.

6 Taking into consideration the long-term commitment

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

8 the need to build further upon the linkages between the

9 United States and its neighbors, the Secretary of State,

10 in allocating the level of resources for international organi11 zations, should pay particular attention to funding levels

12 of the Inter-American organizations.

13 SEC. 2702. TERRITORIAL INTEGRITY OF BOSNIA AND

14 HERZEGOVINA.

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

16 findings:

17 (1) The sovereign and independent state of

18 Bosnia-Herzegovina was formally recognized by the

19 United States of America on April 7, 1992.

20 (2) The sovereign and independent state of

21 Bosnia-Herzegovina was admitted as a full partici22 pating State of the Conference on Security and Co23 operation in Europe on April 30, 1992.
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1 (3) The sovereign and independent state of

2 Bosnia-Herzegovina was admitted as a Member

3 state of the United Nations on May 22, 1992.

4 (4) The United States has declared its deter5 mination to respect and put into practice the Dec6 laration on Principles Guiding Relations between

7 Participating States contained in the Final Act of

8 the Conference on Security and Cooperation in Eu9 rope.

10 (5) Each of the principles has been violated

11 during the course of war in Bosnia-Herzegovina:

12 sovereign equality and respect for the rights inherent

13 in sovereignty, refraining from the threat or use of

14 force; inviolability of frontiers; territorial integrity of

15 States; peaceful settlement of disputes; noninterven16 tion in internal affairs; respect for human rights and

17 fundamental freedoms, including the freedom of

18 thought, conscience, religion or belief; equal rights

19 and self-determination of peoples; cooperation among

20 States; and fulfillment in good faith of obligations

21 under international law.

22 (6) Principle II of the Final Act commits the

23 participating States to ‘‘refrain from any manifesta24 tion of force for the purpose of inducing another
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1 participating State to renounce the full exercise of

2 its sovereign rights’’.

3 (7) Principle III of the Final Act commits the

4 participating States to ‘‘refrain from any demand

5 for, or act of, seizure and usurpation of part or all

6 of the territory of any participating State’’.

7 (8) Principle IV of the Final Act commits the

8 participating States to ‘‘respect the territorial integ9 rity of each of the participating States’’ and ‘‘refrain

10 from any action inconsistent with the purposes and

11 principles of the Charter of the United Nations

12 against the territorial integrity, political independ13 ence or the unity of any participating State’’.

14 (9) The Charter of Paris for a New Europe

15 commits the participating States ‘‘to cooperate in

16 defending democratic institutions against activities

17 which violate the independence, sovereign equality,

18 or territorial integrity of the participating States’’.

19 (10) The Helsinki Document 1992 reaffirms

20 ‘‘the validity of the guiding principles and common

21 values of the Helsinki Final Act and the Charter of

22 Paris, embodying responsibilities of States towards

23 each other and of governments towards their own

24 people’’ which serve as the ‘‘collective conscience of

25 our community’’.
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1 (11) The Charter of the United Nations calls

2 upon Member states to respect the territorial integ3 rity and political independence of any state in keep4 ing with the Purposes of the United Nations.

5 (12) The sovereign and independent state of

6 Bosnia-Herzegovina has been and continues to be

7 subjected to armed aggression Bosnian Serb forces,

8 Croatian Serb forces, and others in violation of

9 Final Act and the Charter.

10 (13) Unchecked armed aggression and genocide

11 threatens the lives of innocent civilians as well as the

12 very existence of the sovereign and independent state

13 of Bosnia-Herzegovina.

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

15 Congress that the United States should refuse to recognize

16 the incorporation of any of the territory of Bosnia17 Herzegovina into the territory of any neighboring state or

18 the creation of any new state or states within the borders

19 of Bosnia-Herzegovina resulting from the threat or use of

20 force, coercion, or any other means inconsistent with inter21 national law.

22 SEC. 2703. THE LAOGAI SYSTEM OF POLITICAL PRISONS.

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

24 findings:
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1 (1) The Chinese gulag, known as the Laogai,

2 was created as a primary means of political repres3 sion and control when the Communists assumed

4 power in China in 1949.

5 (2) The Laogai has caused millions of people to

6 suffer grave human rights abuses over the past 46

7 years, including countless deaths.

8 (3) The Laogai continues to be used to incar9 cerate unknown numbers of ordinary citizens for po10 litical reasons, including workers, students, intellec11 tuals, religious believers, and Tibetans.

12 (4) So-called ‘‘thought reform’’ is a standard

13 practice of Laogai officials, and reports of torture

14 are routinely received by human rights organizations

15 from Laogai prisoners and survivors.

16 (5) Negotiations about unfettered access to

17 Laogai prisoners between the Chinese Government

18 and the International Red Cross have ceased.

19 (6) The Laogai is in reality a huge system of

20 forced labor camps in which political and penal

21 criminals are slave laborers producing an array of

22 products for export throughout the world, including

23 the United States.

24 (7) The Chinese Government continues to main25 tain, as part of its official propaganda and in defi-
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1 ance of significant evidence to the contrary gathered

2 by many human rights organizations, that the

3 Laogai is a prison system like any other in the

4 world.

5 (8) Testimony delivered before the Subcommit6 tee on International Operations and Human Rights

7 of the Committee on International Relations of the

8 House of Representatives has documented human

9 rights abuses in the Laogai which continue to this

10 day.

11 (9) The American people have repeatedly ex12 pressed their abhorrence of forced labor camps sys13 tems, whether they be operated by the Nazis, Soviet

14 Communists, or any other political ideology.

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

16 Congress that the President should—

17 (1) publicly condemn the continued existence of

18 the Laogai, and call upon the Government of the

19 People’s Republic of China to dismantle it, and re20 lease all of its political prisoners; and

21 (2) instruct the appropriate diplomatic rep22 resentatives of the United States to cause a resolu23 tion condemning the Laogai to be put before the

24 United Nations Human Rights Commission and

25 work for its passage.
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1 SEC. 2704. CONCERNING THE USE OF FUNDS TO FURTHER

2 NORMALIZE RELATIONS WITH VIETNAM.

3 It is the sense of the Congress that none of the funds

4 authorized to be appropriated or otherwise made available

5 by this Act may be obligated or expended to further nor6 malize diplomatic relations between the United States and

7 Vietnam, until Vietnam—

8 (1) releases all of its political and religious pris9 oners;

10 (2) accounts for American POWs and MIAs

11 from the Vietnam War;

12 (3) holds democratic elections; and

13 (4) institutes policies which protect human

14 rights.

15 SEC. 2705. DECLARATION OF CONGRESS REGARDING UNIT16 ED STATES GOVERNMENT HUMAN RIGHTS

17 POLICY TOWARD CHINA.

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

19 findings:

20 (1) According to the 1994 State Department

21 Country Reports on Human Rights Practices there

22 continue to be ‘‘widespread and well-documented

23 human rights abuses in China, in violation of inter24 nationally accepted norms . . . (including) arbitrary

25 and lengthy incommunicado detention, torture, and

26 mistreatment of prisoners. The regime continued se-
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1 vere restrictions on freedoms of speech, press assem2 bly and association, and tightened controls on the

3 exercise of these rights during 1994. Serious human

4 rights abuses persisted in Tibet and other areas pop5 ulated by ethnic minorities’’.

6 (2) The President, in announcing his decision

7 on Most Favored Nation trading status for China in

8 May 1994 stated that, ‘‘China continues to commit

9 very serious human rights abuses. Even as we en10 gage the Chinese on military, political, and economic

11 issues, we intend to stay engaged with those in

12 China who suffer from human rights abuses. The

13 United States must remain a champion of their lib14 erties’’.

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

16 Congress that the President should take the following ac17 tions:

18 (1) Decline the invitation to visit China until

19 and unless there is dramatic overall progress on

20 human rights in China and Tibet and communicate

21 to the Government of China that such a visit cannot

22 take place without such progress. Indications of

23 overall progress would include the release of hun24 dreds of political, religious, and labor activists; an

25 agreement to allow unhindered confidential access to
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1 prisoners by international humanitarian agencies;

2 enactment of major legal reforms such as an end to

3 all restrictions on the exercise of freedom of religion,

4 revocation of the 1993 state security law, and the

5 abolition of all so-called ‘‘counter-revolutionary’’

6 crimes; an end to forced abortion, forced steriliza7 tion, and the provision by government facilities of

8 human fetal remains for consumption as food; and

9 a decision to allow unrestricted access to Tibet by

10 foreign media and international human rights mon11 itors.

12 (2) Seek to develop an agreement on a multilat13 eral strategy to promote human rights in China with

14 other members of the G–7, beginning with the meet15 ing of the G–7 industrial partners scheduled for

16 June 1995 in Halifax, Nova Scotia. Such an agree17 ment should include efforts to encourage greater co18 operation by the Government of China with the

19 human rights rapporteurs and working groups of the

20 United Nations Human Rights Commission, as well

21 as bilateral and multilateral initiatives to secure the

22 unconditional release of imprisoned peaceful pro-de23 mocracy advocates such as Wei Jingsheng.

24 (3) Instruct the United States delegates to the

25 United Nations Fourth World Conference on Women
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1 in September 1995 to vigorously and publicly sup2 port nongovernmental organizations that may be

3 subjected to harassment or to restrictions or limita4 tions on their activities, access to the media, or to

5 channels of communication during the conference by

6 the Government of China and to protest publicly and

7 privately any actions by the Government of China

8 aimed at punishing or repressing Chinese citizens

9 who seek to peacefully express their views or com10 municate with foreign citizens or media during or

11 following the United Nations Conference.

12 (4) Extend an invitation to the Dalai Lama to

13 visit Washington, District of Columbia, in 1995.

14 (c) UNITED STATES GOVERNMENT HUMAN RIGHTS

15 POLICY TOWARD CHINA.—It shall be the policy of the

16 United States Government to continue to promote inter17 nationally recognized human rights and worker rights in

18 China and Tibet. The President shall submit the following

19 reports on the formulation and implementation of United

20 States human rights policy toward China and the results

21 of that policy to the International Relations Committee of

22 the House of Representatives :

23 (1) Not later than 90 days after the date of en24 actment of this Act, the President shall report on

25 the status of the ‘‘new United States Human Rights
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1 Policy for China’’ announced by the President on

2 May 26, 1994, including an assessment of the imple3 mentation and effectiveness of the policy in bringing

4 about human rights improvements in China and

5 Tibet, with reference to the following specific initia6 tives announced on that date:

7 (A) High-level dialogue on human rights.

8 (B) Voluntary principles in the area of

9 human rights for United States businesses op10 erating in China.

11 (C) Increased contact with and support for

12 groups and individuals in China promoting law

13 reform and human rights.

14 (D) Increased exchanges to support human

15 rights law reform in China.

16 (E) The practice of all United States offi17 cials who visit China to meet with the broadest

18 possible spectrum of Chinese citizens.

19 (F) Increased efforts to press United

20 States views on human rights in China at the

21 United Nations, the United Nations Human

22 Rights Commission, and other international or23 ganizations.

24 (G) A plan of international actions to ad25 dress Tibet’s human rights problems and to
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1 promote substantive discussions between the

2 Dalai Lama and the Chinese Government.

3 (H) Efforts to use the 1995 United Na4 tions Women’s Conference in Beijing to expand

5 freedoms of speech, association, and assembly,

6 as well as the rights of women, in China.

7 (I) An information strategy for promoting

8 human rights by expanding Chinese and Ti9 betan language broadcasts on the Voice of

10 America and establishing Radio Free Asia.

11 (J) Encouraging the Chinese Government

12 to permit international human rights groups to

13 operate in and visit China.

14 The report required by this paragraph shall also as15 sess the progress, if any, of the People’s Republic of

16 China toward ending forced abortion, forced steri17 lization, and other coercive population control prac18 tices.

19 (2) Not later than 120 days after the date of

20 enactment of this Act, the President shall report on

21 the status of Chinese Government compliance with

22 United States laws prohibiting the importation into

23 the United States of forced labor products, including

24 (but not limited to) a complete assessment and re25 port on the implementation of the Memorandum of
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1 Understanding signed by the United States and

2 China in 1992. The report shall include (but not be

3 limited to) the following:

4 (A) All efforts made by the United States

5 Customs Service from 1992 until the date of

6 the report to investigate forced labor exports

7 and to conduct unannounced unrestricted in8 spections of suspected forced labor sites in

9 China, and the extent to which Chinese authori10 ties cooperated with such investigations.

11 (B) Recommendations of what further

12 steps might be taken to enhance United States

13 effectiveness in prohibiting forced labor exports

14 to the United States from China.

15 SEC. 2706. CONCERNING THE UNITED NATIONS VOL16 UNTARY FUND FOR VICTIMS OF TORTURE.

17 It is the sense of the Congress that the President,

18 acting through the United States Permanent Representa19 tive to the United Nations, should—

20 (1) request the United Nations Voluntary Fund

21 for Victims of Torture—

22 (A) to find new ways to support and pro23 tect treatment centers that are carrying out re24 habilitative services for victims of torture; and
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1 (B) to encourage the development of new

2 such centers;

3 (2) use the voice and vote of the United States

4 to support the work of the Special Rapporteur on

5 Torture and the Committee Against Torture estab6 lished under the Convention Against Torture and

7 Other Cruel, Inhuman or Degrading Treatment or

8 Punishment; and

9 (3) use the voice and vote of the United States

10 to establish a country rapporteur or similar proce11 dural mechanism to investigate human rights viola12 tions in a country if either the Special Rapporteur

13 or the Committee Against Torture indicates that a

14 systematic practice of torture is prevalent in that

15 country.

16 SEC. 2707. RECOMMENDATIONS OF THE PRESIDENT FOR

17 REFORM OF WAR POWERS RESOLUTION.

18 It is the sense of the Congress that the President

19 should transmit to the Congress recommendations for re20 form of the War Powers Resolution (50 U.S.C. 1541 et

21 seq.) in order to permit the Congress and the President

22 to more effectively fulfill their constitutional responsibil23 ities with respect to the deployment of United States

24 Armed Forces abroad.
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1 SEC. 2708. CONFLICT IN KASHMIR.

2 It is the sense of the Congress that the United States

3 reiterates the need for all parties to the conflict in Kash4 mir to enter into negotiations and resolve the conflict

5 peacefully. The Congress urges the executive branch to

6 work with all parties to facilitate a peaceful negotiated set7 tlement of the Kashmir conflict.

8 SEC. 2709. UNITED STATES RELATIONS WITH THE FORMER

9 YUGOSLAV REPUBLIC OF MACEDONIA

10 (FYROM).

11 It is the sense of the Congress that the Former Yugo12 slav Republic of Macedonia (FYROM) should be eligible

13 for all United States foreign assistance programs, includ14 ing programs of the Export-Import Bank and the Over15 seas Private Investment Corporation, if the government

16 continues to respect the rights of all ethnic minorities.

17 SEC. 2710. SENSE OF THE CONGRESS RELATING TO INDO18 NESIA.

19 It is the sense of the Congress that—

20 (1) the United States should continue to urge

21 progress in promotion and protection of internation22 ally recognized human rights by the Government of

23 Indonesia;

24 (2) in its bilateral relations with the Govern25 ment of Indonesia, the United States should place a

26 high priority on public and private efforts to urge
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1 the Government of Indonesia to take specific steps

2 to remove restrictions of freedom of expression and

3 association, to allow freedom of the press, to allow

4 freedom of religion, to end arbitrary arrests and tor5 ture and ill-treatment, to cease official attacks on

6 nongovernmental organizations, to end the wide7 spread denial of worker rights, and to hold members

8 of the military accountable for human rights abuses;

9 (3) with respect to the situation in East Timor,

10 the United States should call on the Government of

11 Indonesia to make public the complete findings of

12 the investigations into the killings of unarmed civil13 ians in Liquica on January 12, 1995, including the

14 reports of the Army Council of Military Honor and

15 the findings of the National Human Rights Commis16 sion, and that those responsible for the killings be

17 identified and brought to justice;

18 (4) the United States should continue to press

19 the Government of Indonesia to fully comply with

20 the 1994 and 1995 recommendations of the United

21 Nations Human Rights Commission regarding the

22 need for a full accounting of the Dili incident of No23 vember 1991;

24 (5) the United States should urge the Govern25 ment of Indonesia to allow independent human
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1 rights monitoring organizations and foreign journal2 ists unhindered access to East Timor;

3 (6) the United States should urge the Govern4 ment of Indonesia to respect free practice of reli5 gion, including Christianity, in Indonesia, including

6 East Timor; and

7 (7) the President should instruct the United

8 States delegates to the annual Indonesia aid consor9 tium donor meeting in July 1995 to again raise con10 cerns about human rights violations in Indonesia, in11 cluding restrictions of freedom of the press, attacks

12 on nongovernmental organizations, and widespread

13 violations of human rights in East Timor.

14 SEC. 2711. DISPLACED PERSONS.

15 It is the sense of the Congress that of the amounts

16 made available to the United Nations Development Pro17 gram (and United Nations Development Program-Admin18 istered Funds), at least $20,000,000 for fiscal year 1996

19 and $20,000,000 for fiscal year 1997 should be available

20 for programs and services conducted in cooperation with

21 the International Organization for Migration, the Inter22 national Committee for the Red Cross, and nongovern23 mental organizations, for persons who are displaced within

24 their countries of nationality.
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1 SEC. 2712. POLICY TOWARD IRAN.

2 (a) IRAN’S ACTS OF INTERNATIONAL TERRORISM.—

3 The Congress makes the following findings with respect

4 to Iran’s acts of international terrorism:

5 (1) As cited by the Department of State, the

6 Government of Iran was the greatest supporter of

7 state terrorism in 1992, supporting over 20 terrorist

8 acts, including the bombing of the Israeli Embassy

9 in Buenos Aires that killed 29 people.

10 (2) As cited by the Department of State, the

11 Government of Iran is a sponsor of radical religious

12 groups that have used terrorism as a tool. These in13 clude such groups as Hezballah, HAMAS, the Turk14 ish Islamic Jihad, and the Popular Front for the

15 Liberation of Palestine-General Command (PFLP–

16 GC).

17 (3) As cited by the Department of State, the

18 Government of Iran has resorted to international

19 terrorism as a means of obtaining political gain.

20 These actions have included not only the assassina21 tion of former Prime Minister Bakhitiar, but the

22 death sentence imposed on Salman Rushdie, and the

23 assassination of the leader of the Kurdish Demo24 cratic Party of Iran.

25 (4) As cited by the Department of State and

26 the Vice President’s Task Force on Combating Ter-
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1 rorism, the Government of Iran has long been a pro2 ponent of terrorist actions against the United

3 States, beginning with the takeover of the United

4 States Embassy in Tehran in 1979. Iranian support

5 of extremist groups has led to the following attacks

6 upon the United States as well:

7 (A) The car bomb attack on the United

8 States Embassy in Beirut killing 49 in 1983 by

9 the Hezballah.

10 (B) The car bomb attack on the United

11 States Marine Barracks in Beirut killing 241 in

12 1983 by the Hezballah.

13 (C) The assassination of American Univer14 sity President in 1984 by the Hezballah.

15 (D) The kidnapping of all American hos16 tages in Lebanon from 1984–86 by the

17 Hezballah.

18 (5) The Government of Iran provides several

19 hundred million dollars annually in financial and

20 logistical support to organizations that use terrorism

21 and violence as a tool to undermine the Middle East

22 peace process.

23 (6) The Government of Iran provides financial,

24 political, and logistical support and safe haven to
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1 groups that seek the violent overthrow of secular

2 governments in the Middle East and North Africa.

3 (b) IRAN’S PROGRAM TO ACQUIRE WEAPONS OF

4 MASS DESTRUCTION AND THE MEANS BY WHICH TO DE5 LIVER THEM.—The Congress makes the following findings

6 with respect to Iran’s program to acquire weapons of mass

7 destruction and the means by which to deliver them—

8 (1) the Government of Iran has intensified its

9 efforts to develop weapons of mass destruction and

10 the means by which to deliver them;

11 (2) given Iran’s petroleum reserves, the desire

12 of the Government of Iran to obtain gas centrifuge

13 equipment and light water nuclear power reactors

14 clearly demonstrates what had already been appar15 ent, that Iran seeks to develop its nuclear weapons

16 capability; and

17 (3) Iran has been relentless in its attempt to

18 acquire the missiles needed to deliver nuclear and

19 chemical weapons.

20 (c) IRAN’S VIOLATIONS OF HUMAN RIGHTS.—The

21 Congress makes the following findings with respect to

22 Iran’s violations of human rights:

23 (1) As cited by the 1991 United Nations Spe24 cial Representative on Human Rights, Amnesty

25 International, and the United States Department of
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1 State, the Government of Iran has conducted assas2 sinations outside of Iran, such as that of former

3 Prime Minister Shahpour Bakhitiar for which the

4 Government of France issued arrest warrants for

5 several Iranian governmental officials.

6 (2) As cited by the 1991 United Nations Spe7 cial Representative on Human Rights and by Am8 nesty International, the Government of Iran has

9 conducted revolutionary trials which do not meet

10 internationally recognized standards of fairness or

11 justice. These trials have included such violations as

12 a lack of procedural safeguards, trial times of 5 min13 utes or less, limited access to defense counsel, forced

14 confessions, and summary executions.

15 (3) As cited by the 1991 United Nations Spe16 cial Representative on Human Rights, the Govern17 ment of Iran systematically represses its Baha’i

18 population. Persecutions of this small religious com19 munity include assassinations, arbitrary arrests,

20 electoral prohibitions, and denial of applications for

21 documents such as passports.

22 (4) As cited by the 1991 United Nations Spe23 cial Representative on Human Rights, the Govern24 ment of Iran suppresses opposition to its govern25 ment. Political organizations such as the Freedom
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1 Movement are banned from parliamentary elections,

2 have their telephones tapped and their mail opened,

3 and are systematically harassed and intimidated.

4 (5) As cited by the 1991 United Nations Spe5 cial Representative on Human Rights and Amnesty

6 International, the Government of Iran has failed to

7 recognize the importance of international human

8 rights. This includes suppression of Iranian human

9 rights movements such as the Freedom Movement,

10 lack of cooperation with international human rights

11 organizations such as the International Red Cross,

12 and an overall apathy toward human rights in gen13 eral. This lack of concern prompted the Special Rep14 resentative to state in his report that Iran had made

15 ‘‘no appreciable progress towards improved compli16 ance with human rights in accordance with the cur17 rent international instruments’’.

18 (6) As cited by Amnesty International, the Gov19 ernment of Iran continues to torture its political

20 prisoners. Torture methods include burns, arbitrary

21 blows, severe beatings, and positions inducing pain.

22 (d) UNITED STATES POLICY AND RESPONSE.—The

23 Congress makes the following findings with respect to

24 United States policy and response to Iran:
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1 (1) The actions by the Government of Iran

2 identified in subsections (a), (b), and (c) threaten

3 the national security and offend the democratic val4 ues of the United States and many other nations in

5 the Middle East and elsewhere.

6 (2) In response to this record of violent, desta7 bilizing, and antidemocratic conduct, it has been the

8 policy of the United States to seek to isolate the

9 Government of Iran diplomatically and economically,

10 thereby making the continuation of such conduct in11 creasingly costly.

12 (3) The policies the United States has pursued

13 in an effort to pressure the Government of Iran dip14 lomatically and economically have included refusing

15 to conduct normal diplomatic relations with Iran;

16 barring the importation of Iranian oil and other

17 products into the United States; prohibiting the ex18 port or reexport to Iran of weapons or of goods or

19 technology with potential military uses; voting

20 against all loans to Iran by international financial

21 institutions; and, most recently, imposing a total

22 economic embargo on Iran.

23 (4) To further increase the cost to the Govern24 ment of Iran of its objectionable conduct the United

25 States has urged other countries with economic ties
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1 to Iran to take equivalent steps to isolate Iran eco2 nomically and diplomatically.

3 (e) CONGRESSIONAL DECLARATIONS.—The Congress

4 makes the following declarations:

5 (1) The imposition of an economic embargo on

6 Iran by President Clinton was an important and

7 necessary measure to increase economic and political

8 pressure on Iran.

9 (2) The President should, as a matter of the

10 highest priority, intensify efforts to persuade Iran’s

11 leading trade partners and creditors to join with the

12 United States in ceasing all trade with Iran and

13 ending any rescheduling or other relaxation of debts

14 owed to them.

15 (3) The President should take whatever steps

16 are appropriate to dissuade those who are aiding

17 Iran’s efforts to develop nuclear weapons and the

18 means by which to deliver them from continuing

19 such assistance.

20 (4) The United States should convene a special

21 summit of the world’s leading heads of state to ad22 dress the issue of international terrorism and the

23 means for improving the efforts to combat inter24 national terrorism.
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1 (5) The Secretary of State should promptly

2 take steps to strengthen each of the existing multi3 lateral nonproliferation regimes to make them more

4 effective in counteracting rogue regimes such as

5 Iran.

6 (6) The President should make the development

7 of a multilateral economic embargo on Iran a top

8 priority on the agenda at the meeting of the G—7

9 industrial partners scheduled for June 1995 in Hali10 fax, Nova Scotia.

11 SEC. 2713. CONFLICT IN CHECHNYA.

12 (a) FINDINGS.—The Congress finds the following:

13 (1) Russian troops advanced into Chechnya on

14 December 10, 1994, and were met with strong re15 sistance from Chechen rebels who have now moved

16 to the Caucasus mountains where they are engaging

17 in what even the most optimistic Russian military

18 officers predict will be a drawn-out guerrilla war.

19 (2) The cost of the Chechen battle is estimated

20 to cost the Government of Russia at least

21 $2,000,000,000 and could exacerbate the budget

22 deficit of the Government of Russia.

23 (3) The United States has approved over

24 $2,400,000,000 in loan guarantees through the Ex-
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1 port-Import Bank of the United States and the

2 Overseas Private Investment Corporation.

3 (4) The United States has provided Russia with

4 significant direct assistance to promote a free mar5 ket economy, support democracy, meet humanitarian

6 needs, and dismantle nuclear weapons.

7 (b) DECLARATION OF POLICY.—The Congress de8 clares the following:

9 (1) United States investment in Russia has

10 been significant in promoting democracy and sta11 bilizing the economy of Russia and this progress

12 could be imperiled by Russia’s continued war in

13 Chechnya.

14 (2) The inability to negotiate an end to this cri15 sis and the resulting economic implications could ad16 versely affect the ability of Russia to fulfill its com17 mitments to the International Monetary Fund, the

18 Export-Import Bank of the United States, and the

19 Overseas Private Investment Corporation.

20 (3) In further contacts with President Yeltsin,

21 it is imperative that President Clinton repeat his call

22 for an immediate end to the war in Chechnya.
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1 SEC. 2714. UNITED STATES DELEGATION TO THE FOURTH

2 WORLD CONFERENCE ON WOMEN IN

3 BEIJING.

4 It is the sense of the Congress that the United States

5 delegation to the Fourth World Conference on Women

6 should include at least one representative of a United

7 States-based nongovernmental organization representing

8 Tibetan women.

9 SEC. 2715. FEMALE GENITAL MUTILATION.

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

11 (1) female genital mutilation is a violation of

12 women’s basic human rights;

13 (2) female genital mutilation constitutes a

14 major health risk to women, with lifelong physical

15 and psychological consequences; and

16 (3) female genital mutilation should not be con17 doned by any government.

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

19 Congress that—

20 (1) the President should seek to end the prac21 tice of female genital mutilation worldwide through

22 the active cooperation and participation of govern23 ments in countries where female genital mutilation

24 takes place; and

25 (2) steps to end the practice of female genital

26 mutilation should include—
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1 (A) encouraging nations to establish clear

2 policies against female genital mutilation and

3 enforcing existing laws which prohibit it;

4 (B) assisting nations in creating culturally

5 appropriate outreach programs that include

6 education and counseling about the dangers of

7 female genital mutilation for women and men of

8 all ages; and

9 (C) ensuring that all appropriate programs

10 in which the United States participates include

11 a component pertaining to female genital muti12 lation, so as to ensure consistency across the

13 spectrum of health and child related programs

14 conducted in any country in which female geni15 tal mutilation is known to be a problem.

16 SEC. 2716. SENSE OF THE CONGRESS REGARDING SYRIAN

17 OCCUPATION OF LEBANON.

18 It is the sense of the Congress that—

19 (1) the Government of Syria should comply

20 with the Taif Agreement and withdraw all of its

21 troops from Lebanon;

22 (2) the United States should use its contacts at

23 the highest level of the Syrian Government to en24 courage the Government of Syria to withdraw all of

25 its troops from Lebanon within a timeframe to be
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1 negotiated between the Syrian and Lebanese Gov2 ernments; and

3 (3) the Secretary of State should inform the

4 Congress as to the actions the United States has

5 taken to encourage withdrawal of all Syrian troops

6 from Lebanon.

7 DIVISION C—FOREIGN

8 ASSISTANCE AUTHORIZATIONS

9 SEC. 3001. SHORT TITLE.

10 This division may be cited as the ‘‘Foreign Aid Re11 duction Act of 1995’’.

12 SEC. 3002. DECLARATION OF POLICY.

13 The Congress declares the following:

14 (1) United States leadership overseas must be

15 maintained to support our vital national security,

16 economic, and humanitarian interests.

17 (2) As part of this leadership, United States

18 foreign assistance programs are essential to support

19 these national interests.

20 (3) However, United States foreign assistance

21 programs can be responsibly reduced while maintain22 ing United States leadership overseas.
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1 TITLE XXXI—DEFENSE AND

2 SECURITY ASSISTANCE

3 CHAPTER 1—MILITARY AND RELATED

4 ASSISTANCE

5 Subchapter A—Foreign Military Financing

6 Program

7 SEC. 3101. AUTHORIZATION OF APPROPRIATIONS.

8 There are authorized to be appropriated for grant as9 sistance under section 23 of the Arms Export Control Act

10 (22 U.S.C. 2763) and for the subsidy cost, as defined in

11 section 502(5) of the Federal Credit Reform Act of 1990,

12 of direct loans under such section—

13 (1) $3,284,440,000 for fiscal year 1996; and

14 (2) $3,226,020,000 for fiscal year 1997.

15 SEC. 3102. ADMINISTRATIVE EXPENSES.

16 Of the amounts made available for fiscal years 1996

17 and 1997 for assistance under the ‘‘Foreign Military Fi18 nancing Program’’ account under section 23 of the Arms

19 Export Control Act (22 U.S.C. 2763), not more than

20 $24,020,000 for each such fiscal year may be made avail21 able for necessary expenses for the general costs of admin22 istration of military assistance and sales, including ex23 penses incurred in purchasing passenger motor vehicles

24 for replacement for use outside the United States.
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1 SEC. 3103. ASSISTANCE FOR ISRAEL.

2 (a) MINIMUM ALLOCATION.—Of the amounts made

3 available for fiscal years 1996 and 1997 for assistance

4 under the ‘‘Foreign Military Financing Program’’ account

5 under section 23 of the Arms Export Control Act (22

6 U.S.C. 2763), not less than $1,800,000,000 for each such

7 fiscal year shall be available only for Israel.

8 (b) TERMS OF ASSISTANCE.—

9 (1) GRANT BASIS.—The assistance provided for

10 Israel for each fiscal year under subsection (a) shall

11 be provided on a grant basis.

12 (2) EXPEDITED DISBURSEMENT.—Such assist13 ance shall be disbursed—

14 (A) with respect to fiscal year 1996, not

15 later than 30 days after the date of the enact16 ment of the Foreign Operations, Export Fi17 nancing, and Related Programs Appropriations

18 Act, 1996, or by October 31, 1995, whichever

19 is later; and

20 (B) with respect to fiscal year 1997, not

21 later than 30 days after the date of the enact22 ment of the Foreign Operations, Export Fi23 nancing, and Related Programs Appropriations

24 Act, 1997, or by October 31, 1996, whichever

25 is later.
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1 (3) ADVANCED WEAPONS SYSTEMS.—To the ex2 tent that the Government of Israel requests that

3 funds be used for such purposes, funds described in

4 subsection (a) shall, as agreed by the Government of

5 Israel and the Government of the United States, be

6 available for advanced weapons systems, of which

7 not less than $475,000,000 for each fiscal year shall

8 be available only for procurement in Israel of de9 fense articles and defense services, including re10 search and development.

11 (c) FOREIGN MILITARY SALES.—Section 21(h) of the

12 Arms Export Control Act (22 U.S.C. 2761(h)) is amend13 ed—

14 (1) in paragraph (1)(A), by inserting ‘‘or the

15 Government of Israel’’ after ‘‘North Atlantic Treaty

16 Organization’’; and

17 (2) in paragraph (2), by striking ‘‘or to any

18 member government of that Organization if that Or19 ganization or member government’’ and inserting ‘‘,

20 any member government of that Organization, or the

21 Government of Israel, if the Organization, member

22 government, or Government of Israel, as the case

23 may be,’’.
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1 SEC. 3104. ASSISTANCE FOR EGYPT.

2 (a) MINIMUM ALLOCATION.—Of the amounts made

3 available for fiscal years 1996 and 1997 for assistance

4 under the ‘‘Foreign Military Financing Program’’ account

5 under section 23 of the Arms Export Control Act (22

6 U.S.C. 2763), not less than $1,300,000,000 for each such

7 fiscal year shall be available only for Egypt.

8 (b) TERMS OF ASSISTANCE.—The assistance pro9 vided for Egypt for each fiscal year under subsection (a)

10 shall be provided on a grant basis.

11 SEC. 3105. LOANS FOR GREECE AND TURKEY.

12 Of the amounts made available for fiscal year 1996

13 under section 23 of the Arms Export Control Act (22

14 U.S.C. 2763)—

15 (1) not more than $26,620,000 shall be made

16 available for the subsidy cost, as defined in section

17 502(5) of the Federal Credit Reform Act of 1990,

18 of direct loans for Greece; and

19 (2) not more than $37,800,000 shall be made

20 available for such subsidy cost of direct loans for

21 Turkey.

22 SEC. 3106. TERMS OF LOANS.

23 Section 31(c) of the Arms Export Control Act (22

24 U.S.C. 2771(c)) is amended to read as follows:

25 ‘‘(c) Loans available under section 23 shall be pro26 vided at rates of interest that are not less than the current
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1 average market yield on outstanding marketable obliga2 tions of the United States of comparable maturities.’’.

3 SEC. 3107. NONREPAYMENT OF GRANT ASSISTANCE.

4 Section 23 of the Arms Export Control Act (22

5 U.S.C. 2763) is amended by adding at the end the follow6 ing new subsection:

7 ‘‘(f) Notwithstanding any other provision of this sec8 tion, the President shall not require repayment of any as9 sistance provided on a grant basis under this section to

10 a foreign country or international organization.’’.

11 SEC. 3108. ADDITIONAL REQUIREMENTS.

12 (a) AVAILABILITY OF FUNDS FOR PROCUREMENT OF

13 DEFENSE ARTICLES, SERVICES, AND DESIGN AND CON14 STRUCTION SERVICES NOT SOLD BY UNITED STATES

15 GOVERNMENT.—Section 23 of the Arms Export Control

16 Act (22 U.S.C. 2763), as amended by this Act, is further

17 amended by adding at the end the following new sub18 section:

19 ‘‘(g) Funds made available to carry out this section

20 for a fiscal year may be made available to a foreign coun21 try or international organization for the purpose of financ22 ing the procurement of defense articles, defense services,

23 and design and construction services that are not sold by

24 the United States Government under this Act only—
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1 ‘‘(1) with respect to a country that is a member

2 country of the North Atlantic Treaty Organization,

3 a major non-NATO ally, or Jordan for which assist4 ance was justified under this section in the annual

5 congressional presentation documents under section

6 634 of the Foreign Assistance Act of 1961 for that

7 fiscal year; and

8 ‘‘(2) if such country or international organiza9 tion enters into an agreement with the United States

10 Government that specifies the terms and conditions

11 under which such procurements shall be financed

12 with such funds.’’.

13 (b) AUDIT OF CERTAIN PRIVATE FIRMS.—Section 23

14 of such Act (22 U.S.C. 2763), as amended by this Act,

15 is further amended by adding at the end the following new

16 subsection:

17 ‘‘(h) For each fiscal year, the Secretary of Defense,

18 as requested by the Director of the Defense Security As19 sistance Agency, shall conduct audits on a

20 nonreimbursable basis of private firms that have entered

21 into contracts with foreign governments under which de22 fense articles, defense services, or design and construction

23 services are to be procured by such firms for such govern24 ments from financing under this section.’’.
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1 (c) PROHIBITION ON USE OF FUNDS FOR THE

2 TRANSPORT OF AIRCRAFT TO COMMERCIAL ARMS SALES

3 SHOWS.—Section 23 of such Act (22 U.S.C. 2763), as

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

5 end the following new subsection:

6 ‘‘(i) Funds made available to carry out this section

7 may not be used to facilitate the transport of aircraft to

8 commercial arms sales shows.’’.

9 (d) NOTIFICATION REQUIREMENT WITH RESPECT

10 TO CASH FLOW FINANCING.—Section 23 of such Act (22

11 U.S.C. 2763), as amended by this Act, is further amended

12 by adding at the end the following new subsection:

13 ‘‘(j)(1) For each country and international organiza14 tion that has been approved for cash flow financing under

15 this section, any letter of offer and acceptance or other

16 purchase agreement, or any amendment thereto, for a pro17 curement of defense articles, defense services, or design

18 and construction services in excess of $100,000,000 that

19 is to be financed in whole or in part with funds made avail20 able under this Act or the Foreign Assistance Act of 1961

21 shall be submitted to the congressional committees speci22 fied in section 634A(a) of the Foreign Assistance Act of

23 1961 in accordance with the procedures applicable to

24 reprogramming notifications under that section.
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1 ‘‘(2) For purposes of this subsection, the term ‘cash

2 flow financing’ has the meaning given such term in the

3 second subsection (d) of section 25.’’.

4 (e) LIMITATIONS ON USE OF FUNDS FOR DIRECT

5 COMMERCIAL CONTRACTS.—Section 23 of such Act (22

6 U.S.C. 2763), as amended by this Act, is further amended

7 by adding at the end the following new subsection:

8 ‘‘(k) Of the amounts made available for a fiscal year

9 to carry out this section, not more than $100,000,000 for

10 such fiscal year may be made available for countries other

11 than Israel and Egypt for the purpose of financing the

12 procurement of defense articles, defense services, and de13 sign and construction services that are not sold by the

14 United States Government under this Act.’’.

15 (f) USE OF FUNDS FOR DEMINING ACTIVITIES.—

16 Section 23 of such Act (22 U.S.C. 2763), as amended by

17 this Act, is further amended by adding at the end the fol18 lowing new subsection:

19 ‘‘(l) Notwithstanding any other provision of law,

20 funds made available to carry out this section may be used

21 for demining activities, and may include activities imple22 mented through nongovernmental and international orga23 nizations.’’.
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1 Subchapter B—Other Assistance

2 SEC. 3121. DEFENSE DRAWDOWN SPECIAL AUTHORITIES.

3 (a) UNFORESEEN EMERGENCY DRAWDOWN.—Sec4 tion 506(a)(1) of the Foreign Assistance Act of 1961 (22

5 U.S.C. 2318(a)(1)) is amended by striking ‘‘$75,000,000’’

6 and inserting ‘‘$100,000,000’’.

7 (b) ADDITIONAL DRAWDOWN.—Section 506 of such

8 Act (22 U.S.C. 2318) is amended—

9 (1) in subsection (a)(2)(A), by striking ‘‘defense

10 articles from the stocks’’ and all that follows and in11 serting the following: ‘‘articles and services from the

12 inventory and resources of any agency of the United

13 States Government and military education and

14 training from the Department of Defense, the Presi15 dent may direct the drawdown of such articles, serv16 ices, and military education and training—

17 ‘‘(i) for the purposes and under the au18 thorities of—

19 ‘‘(I) chapter 8 of part I (relating to

20 international narcotics control assistance);

21 ‘‘(II) chapter 9 of part I (relating to

22 international disaster assistance); or

23 ‘‘(III) the Migration and Refugee As24 sistance Act of 1962; or
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1 ‘‘(ii) for the purpose of providing such arti2 cles, services, and military education and train3 ing to Vietnam, Cambodia, and Laos as the

4 President determines are necessary—

5 ‘‘(I) to support efforts to locate and

6 repatriate members of the United States

7 Armed Forces and civilians employed di8 rectly or indirectly by the United States

9 Government who remain unaccounted for

10 from the Vietnam War; and

11 ‘‘(II) to ensure the safety of United

12 States Government personnel engaged in

13 such cooperative efforts and to support De14 partment of Defense-sponsored humani15 tarian projects associated with such ef16 forts.’’;

17 (2) in subsection (a)(2)(B), by striking

18 ‘‘$75,000,000’’ and all that follows and inserting

19 ‘‘$150,000,000 in any fiscal year of such articles,

20 services, and military education and training may be

21 provided pursuant to subparagraph (A) of this para22 graph—

23 ‘‘(i) not more than $75,000,000 of which

24 may be provided from the drawdown from the
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1 inventory and resources of the Department of

2 Defense;

3 ‘‘(ii) not more than $75,000,000 of which

4 may be provided pursuant to clause (i)(I) of

5 such subparagraph; and

6 ‘‘(iii) not more than $15,000,000 of which

7 may be provided to Vietnam, Cambodia, and

8 Laos pursuant to clause (ii) of such subpara9 graph.’’; and

10 (3) in subsection (b)(1), by adding at the end

11 the following: ‘‘In the case of drawdowns authorized

12 by subclauses (I) and (III) of subsection

13 (a)(2)(A)(i), notifications shall be provided to those

14 committees at least 15 days in advance in accord15 ance with the procedures applicable to

16 reprogramming notifications under section 634A.’’.

17 (c) NOTICE TO CONGRESS OF EXERCISE OF SPECIAL

18 AUTHORITIES.—Section 652 of such Act (22 U.S.C.

19 2411) is amended by striking ‘‘prior to the date’’ and in20 serting ‘‘before’’.

21 SEC. 3122. STOCKPILES OF DEFENSE ARTICLES.

22 (a) LIMITATION ON VALUE OF ADDITIONS.—Section

23 514(b)(1) of the Foreign Assistance Act of 1961 (22

24 U.S.C. 2321h(b)(1)) is amended by inserting ‘‘or in the
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1 implementation of agreements with Israel’’ after ‘‘North

2 Atlantic Treaty Organization’’.

3 (b) ADDITIONS IN FISCAL YEARS 1996 AND 1997.—

4 Section 514(b)(2) of such Act (22 U.S.C. 2321h(b)(2))

5 is amended to read as follows:

6 ‘‘(2)(A) The value of such additions to stockpiles of

7 defense articles in foreign countries shall not exceed

8 $50,000,000 for each of the fiscal years 1996 and 1997.

9 ‘‘(B) Of the amount specified in subparagraph (A)

10 for each of the fiscal years 1996 and 1997, not more than

11 $40,000,000 may be made available for stockpiles in the

12 Republic of Korea and not more than $10,000,000 may

13 be made available for stockpiles in Thailand.’’.

14 (c) LOCATION OF STOCKPILES OF DEFENSE ARTI15 CLES.—Section 514(c) of such Act (22 U.S.C. 2321h(c))

16 is amended to read as follows:

17 ‘‘(c) LOCATION OF STOCKPILES OF DEFENSE ARTI18 CLES.—

19 ‘‘(1) LIMITATION.—Except as provided in para20 graph (2), no stockpile of defense articles may be lo21 cated outside the boundaries of a United States mili22 tary base or a military base used primarily by the

23 United States.

24 ‘‘(2) EXCEPTIONS.—Paragraph (1) shall not

25 apply with respect to stockpiles of defense articles
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1 located in the Republic of Korea, Thailand, any

2 country that is a member of the North Atlantic

3 Treaty Organization, any country that is a major

4 non-NATO ally, or any other country the President

5 may designate. At least 15 days before designating

6 a country pursuant to the last clause of the preced7 ing sentence, the President shall notify the congres8 sional committees specified in section 634A(a) in ac9 cordance with the procedures applicable to

10 reprogramming notifications under that section.’’.

11 SEC. 3123. TRANSFER OF EXCESS DEFENSE ARTICLES.

12 (a) IN GENERAL.—Section 516 of the Foreign Assist13 ance Act of 1961 (22 U.S.C. 2321j) is amended to read

14 as follows:

15 ‘‘SEC. 516. AUTHORITY TO TRANSFER EXCESS DEFENSE AR16 TICLES.

17 ‘‘(a) AUTHORIZATION.—The President is authorized

18 to transfer excess defense articles under this section to

19 countries for which receipt of such articles was justified

20 pursuant to the annual congressional presentation docu21 ments for military assistance programs, or for programs

22 under chapter 8 of part I of this Act, submitted under

23 section 634 of this Act, or for which receipt of such arti24 cles was separately justified, for the fiscal year in which

25 the transfer is authorized.
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1 ‘‘(b) LIMITATIONS ON TRANSFERS.—The President

2 may transfer excess defense articles under this section

3 only if—

4 ‘‘(1) such articles are drawn from existing

5 stocks of the Department of Defense;

6 ‘‘(2) funds available to the Department of De7 fense for the procurement of defense equipment are

8 not expended in connection with the transfer;

9 ‘‘(3) the transfer of such articles will not have

10 an adverse impact on the military readiness of the

11 United States;

12 ‘‘(4) with respect to a proposed transfer of such

13 articles on a grant basis, such a transfer is pref14 erable to a transfer on a sales basis, after taking

15 into account the potential proceeds from, and likeli16 hood of, such sales, and the comparative foreign pol17 icy benefits that may accrue to the United States as

18 the result of a transfer on either a grant or sales

19 basis;

20 ‘‘(5) the President determines that the transfer

21 of such articles will not have an adverse impact on

22 the national technology and industrial base, and par23 ticularly, will not reduce the opportunities of entities

24 in the national technology and industrial base to sell
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1 new or used equipment to the countries to which

2 such articles are transferred; and

3 ‘‘(6) the transfer of such articles is consistent

4 with the policy framework for the Eastern Medi5 terranean established under section 620C of this

6 Act.

7 ‘‘(c) TERMS OF TRANSFERS.—

8 ‘‘(1) NO COST TO RECIPIENT COUNTRY.—Ex9 cess defense articles may be transferred under this

10 section without cost to the recipient country.

11 ‘‘(2) PRIORITY.—Notwithstanding any other

12 provision of law, the delivery of excess defense arti13 cles under this section to member countries of the

14 North Atlantic Treaty Organization (NATO) on the

15 southern and southeastern flank of NATO and to

16 major non-NATO allies on such southern and south17 eastern flank shall be given priority to the maximum

18 extent feasible over the delivery of such excess de19 fense articles to other countries.

20 ‘‘(d) WAIVER OF REQUIREMENT FOR REIMBURSE21 MENT OF DEPARTMENT OF DEFENSE EXPENSES.—Sec22 tion 632(d) shall not apply with respect to transfers of

23 excess defense articles (including transportation and relat24 ed costs) under this section.

25 ‘‘(e) TRANSPORTATION AND RELATED COSTS.—
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1 ‘‘(1) IN GENERAL.—Except as provided in para2 graph (2), funds available to the Department of De3 fense may not be expended for crating, packing,

4 handling, and transportation of excess defense arti5 cles transferred under the authority of this section.

6 ‘‘(2) EXCEPTION.—The President may provide

7 for the transportation of excess defense articles with8 out charge to a country for the costs of such trans9 portation if—

10 ‘‘(A) it is determined that it is in the na11 tional interest of the United States to do so;

12 ‘‘(B) the recipient is a developing country

13 receiving less than $10,000,000 of assistance

14 under chapter 5 of part II of this Act (relating

15 to international military education and train16 ing) or section 23 of the Arms Export Control

17 Act (22 U.S.C. 2763; relating to the Foreign

18 Military Financing program) in the fiscal year

19 in which the transportation is provided;

20 ‘‘(C) the total weight of the transfer does

21 not exceed 25,000 pounds; and

22 ‘‘(D) such transportation is accomplished

23 on a space available basis.

24 ‘‘(f) ADVANCE NOTIFICATION TO CONGRESS FOR

25 TRANSFER OF CERTAIN EXCESS DEFENSE ARTICLES.—
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1 ‘‘(1) IN GENERAL.—The President may not

2 transfer excess defense articles that are significant

3 military equipment (as defined in section 47(9) of

4 the Arms Export Control Act) or excess defense arti5 cles valued (in terms of original acquisition cost) at

6 $7,000,000 or more, under this section or under the

7 Arms Export Control Act (22 U.S.C. 2751 et seq.)

8 until 15 days after the date on which the President

9 has provided notice of the proposed transfer to the

10 congressional committees specified in section

11 634A(a) in accordance with procedures applicable to

12 reprogramming notifications under that section.

13 ‘‘(2) CONTENTS.—Such notification shall in14 clude—

15 ‘‘(A) a statement outlining the purposes

16 for which the article is being provided to the

17 country, including whether such article has

18 been previously provided to such country;

19 ‘‘(B) an assessment of the impact of the

20 transfer on the military readiness of the United

21 States;

22 ‘‘(C) an assessment of the impact of the

23 transfer on the national technology and indus24 trial base, and particularly, the impact on op25 portunities of entities in the national technology
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•HR 1561 RFS

1 and industrial base to sell new or used equip2 ment to the countries to which such articles are

3 to be transferred; and

4 ‘‘(D) a statement describing the current

5 value of such article and the value of such arti6 cle at acquisition.

7 ‘‘(g) AGGREGATE ANNUAL LIMITATION.—The aggre8 gate value of excess defense articles transferred to coun9 tries under this section in any fiscal year may not exceed

10 $350,000,000.

11 ‘‘(h) CONGRESSIONAL PRESENTATION DOCU12 MENTS.—Documents described in subsection (a) justifying

13 the transfer of excess defense articles shall include an ex14 planation of the general purposes of providing excess de15 fense articles as well as a table which provides an aggre16 gate annual total of transfers of excess defense articles

17 in the preceding year by country in terms of offers and

18 actual deliveries and in terms of acquisition cost and cur19 rent value. Such table shall indicate whether such excess

20 defense articles were provided on a grant or sale basis.

21 ‘‘(i) EXCESS COAST GUARD PROPERTY.—For pur22 poses of this section, the term ‘excess defense articles’

23 shall be deemed to include excess property of the Coast

24 Guard, and the term ‘Department of Defense’ shall be
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1 deemed, with respect to such excess property, to include

2 the Coast Guard.’’.

3 (b) CONFORMING AMENDMENTS.—

4 (1) ARMS EXPORT CONTROL ACT.—Section

5 21(k) of the Arms Export Control Act (22 U.S.C.

6 2761(k)) is amended by striking ‘‘the President

7 shall’’ and all that follows and inserting the follow8 ing: ‘‘the President shall determine that the sale of

9 such articles will not have an adverse impact on the

10 national technology and industrial base, and particu11 larly, will not reduce the opportunities of entities in

12 the national technology and industrial base to sell

13 new or used equipment to the countries to which

14 such articles are transferred.’’.

15 (2) REPEALS.—The following provisions of law

16 are hereby repealed:

17 (A) Section 502A of the Foreign Assist18 ance Act of 1961 (22 U.S.C. 2303).

19 (B) Sections 517 through 520 of the For20 eign Assistance Act of 1961 (22 U.S.C. 2321k

21 through 2321n).

22 (C) Section 31(d) of the Arms Export Con23 trol Act (22 U.S.C. 2771(d)).
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1 SEC. 3124. NONLETHAL EXCESS DEFENSE ARTICLES FOR

2 ALBANIA.

3 Notwithstanding section 516(e) of the Foreign As4 sistance Act of 1961, during each of the fiscal years 1996

5 and 1997, funds available to the Department of Defense

6 may be expended for crating, packing, handling, and

7 transportation of nonlethal excess defense articles trans8 ferred under the authority of section 516 of such Act to

9 Albania.

10 CHAPTER 2—INTERNATIONAL MILITARY

11 EDUCATION AND TRAINING

12 SEC. 3141. AUTHORIZATION OF APPROPRIATIONS.

13 There are authorized to be appropriated $39,781,000

14 for each of the fiscal years 1996 and 1997 to carry out

15 chapter 5 of part II of the Foreign Assistance Act of 1961

16 (22 U.S.C. 2347 et seq.).

17 SEC. 3142. ASSISTANCE FOR INDONESIA.

18 Funds made available for fiscal years 1996 and 1997

19 to carry out chapter 5 of part II of the Foreign Assistance

20 Act of 1961 (22 U.S.C. 2347 et seq.) may be obligated

21 for Indonesia only for expanded military and education

22 training that meets the requirements of clauses (i)

23 through (iv) of the second sentence of section 541 of such

24 Act (22 U.S.C. 2347).
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1 SEC. 3143. ADDITIONAL REQUIREMENTS.

2 (a) GENERAL AUTHORITY.—Section 541 of the For3 eign Assistance Act of 1961 (22 U.S.C. 2347) is amended

4 in the second sentence in the matter preceding clause (i)

5 by inserting ‘‘and individuals who are not members of the

6 government’’ after ‘‘legislators’’.

7 (b) TEST PILOT EXCHANGE TRAINING.—Section 544

8 of such Act (22 U.S.C. 2347c) is amended—

9 (1) by striking ‘‘In carrying out this chapter’’

10 and inserting ‘‘(a) In carrying out this chapter’’; and

11 (2) by adding at the end the following new sub12 section:

13 ‘‘(b) The President may provide for the attendance

14 of foreign military and civilian defense personnel at test

15 pilot flight schools in the United States without charge,

16 and without charge to funds available to carry out this

17 chapter (notwithstanding section 632(d) of this Act), if

18 such attendance is pursuant to an agreement providing

19 for the exchange of students on a one-for-one basis each

20 fiscal year between those United States test pilot flight

21 schools and comparable flight test pilot schools of foreign

22 countries.’’.

23 (c) ASSISTANCE FOR CERTAIN FOREIGN COUN24 TRIES.—Chapter 5 of part II of such Act (22 U.S.C. 2347

25 et seq.) is amended by adding at the end the following

26 new section:
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1 ‘‘SEC. 546. ASSISTANCE FOR CERTAIN FOREIGN COUN2 TRIES.

3 ‘‘Of the amounts made available for a fiscal year for

4 assistance under this chapter, not more than $300,000 for

5 such fiscal year may be made available for assistance on

6 a grant basis for any high-income foreign country for mili7 tary education and training of military and related civilian

8 personnel of such country if such country agrees to pro9 vide for the transportation and living allowances of such

10 military and related civilian personnel.’’.

11 CHAPTER 3—ANTITERRORISM

12 ASSISTANCE

13 SEC. 3151. AUTHORIZATION OF APPROPRIATIONS.

14 (a) IN GENERAL.—There are authorized to be appro15 priated $20,000,000 for fiscal year 1996 and $25,000,000

16 for fiscal year 1997 to carry out chapter 8 of part II of

17 the Foreign Assistance Act of 1961 (22 U.S.C. 2349aa

18 et seq.).

19 (b) AVAILABILITY OF AMOUNTS.—Amounts author20 ized to be appropriated under subsection (a) are author21 ized to remain available until expended.

22 SEC. 3152. ANTITERRORISM TRAINING ASSISTANCE.

23 (a) IN GENERAL.—Section 571 of the Foreign Assist24 ance Act of 1961 (22 U.S.C. 2349aa) is amended by strik25 ing ‘‘Subject to the provisions of this chapter’’ and insert26 ing ‘‘Notwithstanding any other provision of law that re-
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1 stricts assistance to foreign countries (other than sections

2 502B and 620A of this Act)’’.

3 (b) LIMITATIONS.—Section 573 of such Act (22

4 U.S.C. 2349aa–2) is amended—

5 (1) in the heading, by striking ‘‘SPECIFIC AU6 THORITIES AND’’;

7 (2) by striking subsection (a);

8 (3) by redesignating subsections (b) through (f)

9 as subsections (a) through (e), respectively; and

10 (4) in subsection (c) (as redesignated)—

11 (A) by striking paragraphs (1) and (2);

12 (B) by redesignating paragraphs (3)

13 through (5) as paragraphs (1) through (3), re14 spectively; and

15 (C) by amending paragraph (2) (as redes16 ignated) to read as follows:

17 ‘‘(2)(A) Except as provided in subparagraph (B),

18 funds made available to carry out this chapter shall not

19 be made available for the procurement of weapons and am20 munition.

21 ‘‘(B) Subparagraph (A) shall not apply to small arms

22 and ammunition in categories I and III of the United

23 States Munitions List that are integrally and directly re24 lated to antiterrorism training provided under this chapter

25 if, at least 15 days before obligating those funds, the
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1 President notifies the appropriate congressional commit2 tees specified in section 634A of this Act in accordance

3 with the procedures applicable to reprogramming notifica4 tions under such section.

5 ‘‘(C) The value (in terms of original acquisition cost)

6 of all equipment and commodities provided under this

7 chapter in any fiscal year may not exceed 25 percent of

8 the funds made available to carry out this chapter for that

9 fiscal year.’’.

10 (c) ANNUAL REPORT.—Section 574 of such Act (22

11 U.S.C. 2349aa–3) is hereby repealed.

12 (d) TECHNICAL CORRECTIONS.—Section 575 (22

13 U.S.C. 2349aa–4) and section 576 (22 U.S.C. 2349aa–

14 5) of such Act are redesignated as sections 574 and 575,

15 respectively.

16 SEC. 3153. RESEARCH AND DEVELOPMENT EXPENSES.

17 Funds made available for fiscal years 1996 and 1997

18 to carry out chapter 8 of part II of the Foreign Assistance

19 Act of 1961 (22 U.S.C. 2349aa et seq.; relating to

20 antiterrorism assistance) may be made available to the

21 Technical Support Working Group of the Department of

22 State for research and development expenses related to

23 contraband detection technologies or for field demonstra24 tions of such technologies (whether such field demonstra-
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1 tions take place in the United States or outside the United

2 States).

3 CHAPTER 4—NARCOTICS CONTROL

4 ASSISTANCE

5 SEC. 3161. AUTHORIZATION OF APPROPRIATIONS.

6 (a) IN GENERAL.—There are authorized to be appro7 priated $213,000,000 for each of the fiscal years 1996

8 and 1997 to carry out chapter 8 of part I of the Foreign

9 Assistance Act of 1961 (22 U.S.C. 2291 et seq.).

10 (b) AVAILABILITY OF AMOUNTS.—Amounts author11 ized to be appropriated under subsection (a) are author12 ized to remain available until expended.

13 SEC. 3162. ADDITIONAL REQUIREMENTS.

14 (a) POLICY AND GENERAL AUTHORITIES.—Section

15 481(a) of the Foreign Assistance Act (22 U.S.C. 2291(a))

16 is amended—

17 (1) in paragraph (1)—

18 (A) by redesignating subparagraphs (D)

19 through (F) as subparagraphs (E) through (G),

20 respectively; and

21 (B) by inserting after subparagraph (C)

22 the following new subparagraph:

23 ‘‘(D) International criminal activities, particu24 larly international narcotics trafficking, money laun25 dering, and corruption, endanger political and eco-
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1 nomic stability and democratic development, and as2 sistance for the prevention and suppression of inter3 national criminal activities should be a priority for

4 the United States.’’; and

5 (2) in paragraph (4), by adding before the pe6 riod at the end the following: ‘‘, or for other related

7 anticrime purposes’’.

8 (b) CONTRIBUTIONS AND REIMBURSEMENT.—Sec9 tion 482(c) of that Act (22 U.S.C. 2291a(c)) is amend10 ed—

11 (1) by striking ‘‘CONTRIBUTION BY RECIPIENT

12 COUNTRY.—To’’ and inserting ‘‘CONTRIBUTIONS

13 AND REIMBURSEMENT.—(1) To’’; and

14 (2) by adding at the end the following new

15 paragraphs:

16 ‘‘(2)(A) The President is authorized to accept con17 tributions from other foreign governments to carry out the

18 purposes of this chapter. Such contributions shall be de19 posited as an offsetting collection to the applicable appro20 priation account and may be used under the same terms

21 and conditions as funds appropriated pursuant to this

22 chapter.

23 ‘‘(B) At the time of submission of the annual congres24 sional presentation documents required by section 634(a),

25 the President shall provide a detailed report on any con-
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1 tributions received in the preceding fiscal year, the amount

2 of such contributions, and the purposes for which such

3 contributions were used.

4 ‘‘(3) The President is authorized to provide assist5 ance under this chapter on a reimbursable basis. Such re6 imbursements shall be deposited as an offsetting collection

7 to the applicable appropriation and may be used under the

8 same terms and conditions as funds appropriated pursu9 ant to this chapter.’’.

10 (c) IMPLEMENTATION OF LAW ENFORCEMENT AS11 SISTANCE.—Section 482 of such Act (22 U.S.C. 2291a)

12 is amended by adding at the end the following new sub13 sections:

14 ‘‘(f) TREATMENT OF FUNDS.—Funds transferred to

15 and consolidated with funds appropriated pursuant to this

16 chapter may be made available on such terms and condi17 tions as are applicable to funds appropriated pursuant to

18 this chapter. Funds so transferred or consolidated shall

19 be apportioned directly to the bureau within the Depart20 ment of State responsible for administering this chapter.

21 ‘‘(g) EXCESS PROPERTY.—For purposes of this chap22 ter, the Secretary of State may use the authority of section

23 608, without regard to the restrictions of such section, to

24 receive nonlethal excess property from any agency of the

25 United States Government for the purpose of providing
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1 such property to a foreign government under the same

2 terms and conditions as funds authorized to be appro3 priated for the purposes of this chapter.’’.

4 (d) REPORTING REQUIREMENTS.—(1) Section 489 of

5 such Act (22 U.S.C. 2291h) is amended—

6 (A) in the section heading, by striking ‘‘FOR

7 FISCAL YEAR 1995’’;

8 (B) by striking ‘‘(a) INTERNATIONAL NARCOT9 ICS CONTROL STRATEGY REPORT.—’’; and

10 (C) by striking subsections (b) and (c).

11 (2) Section 489A of such Act (22 U.S.C. 2291i) is

12 hereby repealed.

13 (e) CERTIFICATION REQUIREMENTS.—(1) Section

14 490 of such Act (22 U.S.C. 2291j) is amended—

15 (A) in the section heading by striking ‘‘FOR

16 FISCAL YEAR 1995’’; and

17 (B) by striking subsection (i).

18 (2) Section 490A of such Act (22 U.S.C. 2291k) is

19 hereby repealed.

20 SEC. 3163. NOTIFICATION REQUIREMENT.

21 (a) IN GENERAL.—The authority of section 1003(d)

22 of the National Narcotics Control Leadership Act of 1988

23 (21 U.S.C. 1502(d)) may be exercised with respect to

24 funds authorized to be appropriated pursuant to the For25 eign Assistance Act of 1961 (22 U.S.C. 2151 et seq.) and
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1 with respect to the personnel of the Department of State

2 only to the extent that the appropriate congressional com3 mittees have been notified 15 days in advance in accord4 ance with the reprogramming procedures applicable under

5 section 634A of that Act (22 U.S.C. 2394).

6 (b) DEFINITION.—For purposes of this section, the

7 term ‘‘appropriate congressional committees’’ means the

8 Committee on International Relations and the Committee

9 on Appropriations of the House of Representatives and the

10 Committee on Foreign Relations and the Committee on

11 Appropriations of the Senate.

12 SEC. 3164. WAIVER OF RESTRICTIONS FOR NARCOTICS-RE13 LATED ECONOMIC ASSISTANCE.

14 For each of the fiscal years 1996 and 1997, narcot15 ics-related assistance under part I of the Foreign Assist16 ance Act of 1961 (22 U.S.C. 2151 et seq.) may be pro17 vided notwithstanding any other provision of law that re18 stricts assistance to foreign countries (other than section

19 490(e) or section 502B of that Act (22 U.S.C. 2291j(e)

20 and 2304)) if, at least 15 days before obligating funds

21 for such assistance, the President notifies the appropriate

22 congressional committees (as defined in section 481(e) of

23 that Act (22 U.S.C. 2291(e))) in accordance with the pro24 cedures applicable to reprogramming notifications under

25 section 634A of that Act (22 U.S.C. 2394).
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1 CHAPTER 5—NONPROLIFERATION AND

2 DISARMAMENT FUND

3 SEC. 3171. NONPROLIFERATION AND DISARMAMENT FUND.

4 (a) IN GENERAL.—There are authorized to be appro5 priated $25,000,000 for each of the fiscal years 1996 and

6 1997 to carry out bilateral and multilateral nonprolifera7 tion and disarmament activities for the independent states

8 of the former Soviet Union, countries other than the inde9 pendent states of the former Soviet Union, and inter10 national organizations under section 504 of the Freedom

11 for Russia and Emerging Eurasian Democracies and Open

12 Markets Support Act of 1992 (22 U.S.C. 5854).

13 (b) SUPERSEDES OTHER LAWS.—Funds made avail14 able for fiscal years 1996 and 1997 under the authority

15 of section 504 of the Freedom for Russia and Emerging

16 Eurasian Democracies and Open Markets Support Act of

17 1992 (22 U.S.C. 5854) may be used notwithstanding any

18 other provision of law.

19 (c) AVAILABILITY OF AMOUNTS.—Amounts author20 ized to be appropriated under subsection (a) are author21 ized to remain available until expended.
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1 CHAPTER 6—OTHER PROVISIONS

2 SEC. 3181. STANDARDIZATION OF CONGRESSIONAL REVIEW

3 PROCEDURES FOR ARMS TRANSFERS.

4 (a) THIRD COUNTRY TRANSFERS UNDER FMS

5 SALES.—Section 3(d)(2) of the Arms Export Control Act

6 (22 U.S.C. 2753(d)(2)) is amended—

7 (1) in subparagraph (A), by striking ‘‘, as pro8 vided for in sections 36(b)(2) and 36(b)(3) of this

9 Act’’;

10 (2) in subparagraph (B), by striking ‘‘law’’ and

11 inserting ‘‘joint resolution’’; and

12 (3) by adding at the end the following:

13 ‘‘(C) If the President states in his certification under

14 subparagraph (A) or (B) that an emergency exists which

15 requires that consent to the proposed transfer become ef16 fective immediately in the national security interests of the

17 United States, thus waiving the requirements of that sub18 paragraph, the President shall set forth in the certification

19 a detailed justification for his determination, including a

20 description of the emergency circumstances which neces21 sitate immediate consent to the transfer and a discussion

22 of the national security interests involved.

23 ‘‘(D)(i) Any joint resolution under this paragraph

24 shall be considered in the Senate in accordance with the
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1 provisions of section 601(b) of the International Security

2 Assistance and Arms Export Control Act of 1976.

3 ‘‘(ii) For the purpose of expediting the consideration

4 and enactment of joint resolutions under this paragraph,

5 a motion to proceed to the consideration of any such joint

6 resolution after it has been reported by the appropriate

7 committee shall be treated as highly privileged in the

8 House of Representatives.’’.

9 (b) THIRD COUNTRY TRANSFERS UNDER COMMER10 CIAL SALES.—Section 3(d)(3) of such Act (22 U.S.C.

11 2753(d)(3)) is amended—

12 (1) by inserting ‘‘(A)’’ after ‘‘(3)’’;

13 (2) in the first sentence—

14 (A) by striking ‘‘at least 30 calendar

15 days’’; and

16 (B) by striking ‘‘report’’ and inserting

17 ‘‘certification’’; and

18 (3) by striking the last sentence and inserting

19 the following: ‘‘Such certification shall be submit20 ted—

21 ‘‘(i) at least 15 calendar days before such con22 sent is given in the case of a transfer to a country

23 which is a member of the North Atlantic Treaty Or24 ganization or Australia, Japan, or New Zealand; and
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1 ‘‘(ii) at least 30 calendar days before such con2 sent is given in the case of a transfer to any other

3 country,

4 unless the President states in his certification that an

5 emergency exists which requires that consent to the pro6 posed transfer become effective immediately in the na7 tional security interests of the United States. If the Presi8 dent states in his certification that such an emergency ex9 ists (thus waiving the requirements of clause (i) or (ii),

10 as the case may be, and of subparagraph (B)) the Presi11 dent shall set forth in the certification a detailed justifica12 tion for his determination, including a description of the

13 emergency circumstances which necessitate that consent

14 to the proposed transfer become effective immediately and

15 a discussion of the national security interests involved.

16 ‘‘(B) Consent to a transfer subject to subparagraph

17 (A) shall become effective after the end of the 15-day or

18 30-day period specified in subparagraph (A)(i) or (ii), as

19 the case may be, only if the Congress does not enact, with20 in that period, a joint resolution prohibiting the proposed

21 transfer.

22 ‘‘(C)(i) Any joint resolution under this paragraph

23 shall be considered in the Senate in accordance with the

24 provisions of section 601(b) of the International Security

25 Assistance and Arms Export Control Act of 1976.
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1 ‘‘(ii) For the purpose of expediting the consideration

2 and enactment of joint resolutions under this paragraph,

3 a motion to proceed to the consideration of any such joint

4 resolution after it has been reported by the appropriate

5 committee shall be treated as highly privileged in the

6 House of Representatives.’’.

7 (c) COMMERCIAL SALES.—Section 36(c)(2) of such

8 Act (22 U.S.C. 2753(c)(2)) is amended by amending sub9 paragraphs (A) and (B) to read as follows:

10 ‘‘(A) in the case of a license for an export to

11 the North Atlantic Treaty Organization, any mem12 ber country of that Organization or Australia,

13 Japan, or New Zealand, shall not be issued until at

14 least 15 calendar days after the Congress receives

15 such certification, and shall not be issued then if the

16 Congress, within that 15-day period, enacts a joint

17 resolution prohibiting the proposed export; and

18 ‘‘(B) in the case of any other license, shall not

19 be issued until at least 30 calendar days after the

20 Congress receives such certification, and shall not be

21 issued then if the Congress, within that 30-day pe22 riod, enacts a joint resolution prohibiting the pro23 posed export.’’.
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1 (d) COMMERCIAL MANUFACTURING AGREEMENTS.—

2 Section 36(d) of such Act (22 U.S.C. 2753(d)) is amend3 ed—

4 (1) by inserting ‘‘(1)’’ after ‘‘(d)’’;

5 (2) by striking ‘‘for or in a country not a mem6 ber of the North Atlantic Treaty Organization’’; and

7 (3) by adding at the end the following:

8 ‘‘(2) A certification under this subsection shall be

9 submitted—

10 ‘‘(A) at least 15 days before approval is given

11 in the case of an agreement for or in a country

12 which is a member of the North Atlantic Treaty Or13 ganization or Australia, Japan, or New Zealand; and

14 ‘‘(B) at least 30 days before approval is given

15 in the case of an agreement for or in any other

16 country;

17 unless the President states in his certification that an

18 emergency exists which requires the immediate approval

19 of the agreement in the national security interests of the

20 United States.

21 ‘‘(3) If the President states in his certification that

22 an emergency exists which requires the immediate ap23 proval of the agreement in the national security interests

24 of the United States, thus waiving the requirements of

25 paragraph (4), he shall set forth in the certification a de-
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1 tailed justification for his determination, including a de2 scription of the emergency circumstances which neces3 sitate the immediate approval of the agreement and a dis4 cussion of the national security interests involved.

5 ‘‘(4) Approval for an agreement subject to paragraph

6 (1) may not be given under section 38 if the Congress,

7 within the 15-day or 30-day period specified in paragraph

8 (2)(A) or (B), as the case may be, enacts a joint resolution

9 prohibiting such approval.

10 ‘‘(5)(A) Any joint resolution under paragraph (4)

11 shall be considered in the Senate in accordance with the

12 provisions of section 601(b) of the International Security

13 Assistance and Arms Export Control Act of 1976.

14 ‘‘(B) For the purpose of expediting the consideration

15 and enactment of joint resolutions under paragraph (4),

16 a motion to proceed to the consideration of any such joint

17 resolution after it has been reported by the appropriate

18 committee shall be treated as highly privileged in the

19 House of Representatives.’’.

20 (e) GOVERNMENT-TO-GOVERNMENT LEASES.—

21 (1) CONGRESSIONAL REVIEW PERIOD.—Section

22 62 of such Act (22 U.S.C. 2796a) is amended—

23 (A) in subsection (a), by striking ‘‘Not less

24 than 30 days before’’ and inserting ‘‘Before’’;

25 (B) in subsection (b)—
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1 (i) by striking ‘‘determines, and im2 mediately reports to the Congress’’ and in3 serting ‘‘states in his certification’’; and

4 (ii) by adding at the end of the sub5 section the following: ‘‘If the President

6 states in his certification that such an

7 emergency exists, he shall set forth in the

8 certification a detailed justification for his

9 determination, including a description of

10 the emergency circumstances which neces11 sitate that the lease be entered into imme12 diately and a discussion of the national se13 curity interests involved.’’; and

14 (C) by adding at the end of the section the

15 following:

16 ‘‘(c) The certification required by subsection (a) shall

17 be transmitted—

18 ‘‘(1) not less than 15 calendar days before the

19 agreement is entered into or renewed in the case of

20 an agreement with the North Atlantic Treaty Orga21 nization, any member country of that Organization

22 or Australia, Japan, or New Zealand; and

23 ‘‘(2) not less than 30 calendar days before the

24 agreement is entered into or renewed in the case of
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1 an agreement with any other organization or coun2 try.’’.

3 (2) CONGRESSIONAL DISAPPROVAL.—Section

4 63(a) of such Act (22 U.S.C. 2796b(a)) is amend5 ed—

6 (A) by striking ‘‘(a)(1)’’ and inserting

7 ‘‘(a)’’;

8 (B) by striking out the ‘‘30 calendar days

9 after receiving the certification with respect to

10 that proposed agreement pursuant to section

11 62(a),’’ and inserting in lieu thereof ‘‘the 15-

12 day or 30-day period specified in section 62(c)

13 (1) or (2), as the case may be,’’; and

14 (C) by striking paragraph (2).

15 (f) EFFECTIVE DATE.—The amendments made by

16 this section apply with respect to certifications required

17 to be submitted on or after the date of the enactment of

18 this Act.

19 SEC. 3182. STANDARDIZATION OF THIRD COUNTRY TRANS20 FERS OF DEFENSE ARTICLES.

21 Section 3 of the Arms Export Control Act (22 U.S.C.

22 2753) is amended by inserting after subsection (a) the fol23 lowing new subsection:

24 ‘‘(b) The consent of the President under paragraph

25 (2) of subsection (a) or under paragraph (1) of section
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1 505(a) of the Foreign Assistance Act of 1961 (as it relates

2 to subparagraph (B) of such paragraph) shall not be re3 quired for the transfer by a foreign country or inter4 national organization of defense articles sold by the United

5 States under this Act if—

6 ‘‘(1) such articles constitute components incor7 porated into foreign defense articles;

8 ‘‘(2) the recipient is the government of a mem9 ber country of the North Atlantic Treaty Organiza10 tion, the Government of Australia, the Government

11 of Japan, or the Government of New Zealand;

12 ‘‘(3) the United States-origin components are

13 not—

14 ‘‘(A) significant military equipment (as de15 fined in section 47(9));

16 ‘‘(B) defense articles for which notification

17 to Congress is required under section 36(b);

18 and

19 ‘‘(C) identified by regulation as Missile

20 Technology Control Regime items; and

21 ‘‘(4) the foreign country or international orga22 nization provides notification of the transfer of the

23 defense articles to the United States Government

24 not later than 30 days after the date of such trans25 fer.’’.
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1 SEC. 3183. INCREASED STANDARDIZATION, RATIONALIZA2 TION, AND INTEROPERABILITY OF ASSIST3 ANCE AND SALES PROGRAMS.

4 Paragraph (6) of section 515(a) of the Foreign As5 sistance Act of 1961 (22 U.S.C. 2321i(a)(6)) is amended

6 by striking ‘‘among members of the North Atlantic Treaty

7 Organization and with the Armed Forces of Japan, Aus8 tralia, and New Zealand’’.

9 SEC. 3184. REPEAL OF PRICE AND AVAILABILITY REPORT10 ING REQUIREMENT RELATING TO PROPOSED

11 SALE OF DEFENSE ARTICLES AND SERVICES.

12 (a) IN GENERAL.—Section 28 of the Arms Export

13 Control Act (22 U.S.C. 2768) is hereby repealed.

14 (b) CONFORMING AMENDMENT.—Section 36(b) of

15 such Act (22 U.S.C. 2776(b)) is amended by striking

16 paragraph (4) of such section.

17 SEC. 3185. DEFINITION OF SIGNIFICANT MILITARY EQUIP18 MENT.

19 Section 47 of the Arms Export Control Act (22

20 U.S.C. 2794) is amended—

21 (1) in paragraph (7), by striking ‘‘and’’ at the

22 end;

23 (2) in paragraph (8), by striking the period at

24 the end and inserting ‘‘; and’’; and

25 (3) by adding at the end the following new

26 paragraph:
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1 ‘‘(9) ‘significant military equipment’ means articles—

2 ‘‘(A) for which special export controls are war3 ranted because of the capacity of such articles for

4 substantial military utility or capability; and

5 ‘‘(B) identified on the United States Munitions

6 List.’’.

7 SEC. 3186. REQUIREMENTS RELATING TO THE SPECIAL DE8 FENSE ACQUISITION FUND.

9 (a) ELIMINATION OF ANNUAL REPORT.—

10 (1) IN GENERAL.—Section 53 of the Arms Ex11 port Control Act (22 U.S.C. 2795b) is hereby re12 pealed.

13 (2) CONFORMING AMENDMENT.—Section

14 51(a)(4) of such Act (22 U.S.C. 2795(a)(4)) is

15 amended—

16 (A) by striking ‘‘(a)’’; and

17 (B) by striking subparagraph (B).

18 (b) RETURN OF CERTAIN AMOUNTS IN FUND TO THE

19 TREASURY.—During fiscal year 1996 the President shall

20 return $6,281,000 to the miscellaneous receipts account

21 of the Treasury from collections into the Special Defense

22 Acquisition Fund pursuant to section 51(b) of the Arms

23 Export Control Act in addition to the amount of such col24 lections to be returned for such fiscal year as indicated
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1 in the President’s budget of the United States Govern2 ment for fiscal year 1996.

3 SEC. 3187. COST OF LEASED DEFENSE ARTICLES THAT

4 HAVE BEEN LOST OR DESTROYED.

5 Section 61(a)(4) of the Arms Export Control Act (22

6 U.S.C. 2796(a)(4)) is amended by striking ‘‘and the re7 placement cost’’ and all that follows and inserting the fol8 lowing: ‘‘and, if the articles are lost or destroyed while

9 leased—

10 ‘‘(A) in the event the United States in11 tends to replace the articles lost or destroyed,

12 the replacement cost (less any depreciation in

13 the value) of the articles; or

14 ‘‘(B) in the event the United States does

15 not intend to replace the articles lost or de16 stroyed, an amount not less than the actual

17 value (less any depreciation in the value) speci18 fied in the lease agreement.’’.

19 SEC. 3188. DESIGNATION OF MAJOR NON-NATO ALLIES.

20 (a) DESIGNATION.—

21 (1) NOTICE TO CONGRESS.—Chapter 2 of part

22 II of the Foreign Assistance Act of 1961 (22 U.S.C.

23 2311 et seq.), as amended by this Act, is further

24 amended by adding at the end the following new sec25 tion:
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1 ‘‘SEC. 517. DESIGNATION OF MAJOR NON-NATO ALLIES.

2 ‘‘(a) NOTICE TO CONGRESS.—The President shall no3 tify the Congress in writing at least 30 days before—

4 ‘‘(1) designating a country as a major non5 NATO ally for purposes of this Act and the Arms

6 Export Control Act (22 U.S.C. 2751 et seq.); or

7 ‘‘(2) terminating such a designation.

8 ‘‘(b) INITIAL DESIGNATIONS.—Australia, Egypt, Is9 rael, Japan, the Republic of Korea, and New Zealand shall

10 be deemed to have been so designated by the President

11 as of the effective date of this section, and the President

12 is not required to notify the Congress of such designation

13 of those countries.’’.

14 (2) DEFINITION.—Section 644 of such Act (22

15 U.S.C. 2403) is amended by adding at the end the

16 following:

17 ‘‘(q) ‘Major non-NATO ally’ means a country which

18 is designated in accordance with section 517 as a major

19 non-NATO ally for purposes of this Act and the Arms Ex20 port Control Act (22 U.S.C. 2751 et seq.).’’.

21 (3) EXISTING DEFINITIONS.—(A) The last sen22 tence of section 21(g) of the Arms Export Control

23 Act (22 U.S.C. 2761(g)) is repealed.

24 (B) Section 65(d) of such Act is amended—

25 (i) by striking ‘‘or major non-NATO’’; and
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1 (ii) by striking out ‘‘or a’’ and all that fol2 lows through ‘‘Code’’.

3 (b) COOPERATIVE TRAINING AGREEMENTS.—Section

4 21(g) of the Arms Export Control Act (22 U.S.C.

5 2761(g)) is amended in the first sentence by striking

6 ‘‘similar agreements’’ and all that follows through ‘‘other

7 countries’’ and inserting ‘‘similar agreements with coun8 tries’’.

9 SEC. 3189. CERTIFICATION THRESHOLDS.

10 (a) INCREASE IN DOLLAR THRESHOLDS.—The Arms

11 Export Control Act (22 U.S.C. 2751 et seq.) is amended—

12 (1) in section 3(d) (22 U.S.C. 2753(d))—

13 (A) in paragraphs (1) and (3), by striking

14 ‘‘$14,000,000’’ each place it appears and in15 serting ‘‘$25,000,000’’; and

16 (B) in paragraphs (1) and (3), by striking

17 ‘‘$50,000,000’’ each place it appears and in18 serting ‘‘$75,000,000’’;

19 (2) in section 36 (22 U.S.C. 2776)—

20 (A) in subsections (b)(1), (b)(5)(C), and

21 (c)(1), by striking ‘‘$14,000,000’’ each place it

22 appears and inserting ‘‘$25,000,000’’;

23 (B) in subsections (b)(1), (b)(5)(C), and

24 (c)(1), by striking ‘‘$50,000,000’’ each place it

25 appears and inserting ‘‘$75,000,000’’; and
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1 (C) in subsections (b)(1) and (b)(5)(C), by

2 striking ‘‘$200,000,000’’ each place it appears

3 and inserting ‘‘$300,000,000’’; and

4 (3) in section 63(a) (22 U.S.C. 2796b(a))—

5 (A) by striking ‘‘$14,000,000’’ and insert6 ing ‘‘$25,000,000’’; and

7 (B) by striking ‘‘$50,000,000’’ and insert8 ing ‘‘$75,000,000’’.

9 (b) EFFECTIVE DATE.—The amendments made by

10 subsection (a) apply with respect to certifications submit11 ted on or after the date of the enactment of this Act.

12 SEC. 3190. COMPETITIVE PRICING FOR SALES OF DEFENSE

13 ARTICLES AND SERVICES.

14 (a) COSTING BASIS.—Section 22 of the Arms Export

15 Control Act (22 U.S.C. 2762) is amended by adding at

16 the end the following:

17 ‘‘(d) COMPETITIVE PRICING.—Procurement con18 tracts made in implementation of sales under this section

19 for defense articles and defense services wholly paid from

20 funds made available on a nonrepayable basis shall be

21 priced on the same costing basis with regard to profit,

22 overhead, independent research and development, bid and

23 proposal, and other costing elements, as is applicable to

24 procurements of like items purchased by the Department

25 of Defense for its own use.’’.
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1 (b) EFFECTIVE DATE AND IMPLEMENTING REGULA2 TIONS.—Section 22(d) of the Arms Export Control Act,

3 as added by subsection (a)—

4 (1) shall take effect on the 60th day following

5 the date of the enactment of this Act;

6 (2) shall be applicable only to contracts made in

7 implementation of sales made after such effective

8 date; and

9 (3) shall be implemented by revised procure10 ment regulations, which shall be issued prior to such

11 effective date.

12 SEC. 3191. DEPLETED URANIUM AMMUNITION.

13 Chapter 1 of part III of the Foreign Assistance Act

14 of 1961 (22 U.S.C. 2370 et seq.), as amended by this Act,

15 is further amended by adding at the end the following new

16 section:

17 ‘‘SEC. 620H. DEPLETED URANIUM AMMUNITION.

18 ‘‘(a) PROHIBITION.—Except as provided in sub19 section (b), none of the funds made available to carry out

20 this Act or any other Act may be made available to facili21 tate in any way the sale of M–833 antitank shells or any

22 comparable antitank shells containing a depleted uranium

23 penetrating component to any country other than—

24 ‘‘(1) a country that is a member of the North

25 Atlantic Treaty Organization;
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1 ‘‘(2) a country that has been designated as a

2 major non-NATO ally (as defined in section 644(q));

3 or

4 ‘‘(3) Taiwan.

5 ‘‘(b) EXCEPTION.—The prohibition contained in sub6 section (a) shall not apply with respect to the use of funds

7 to facilitate the sale of antitank shells to a country if the

8 President determines that to do so is in the national secu9 rity interest of the United States.’’.

10 SEC. 3192. END-USE MONITORING OF DEFENSE ARTICLES

11 AND DEFENSE SERVICES.

12 (a) IN GENERAL.—The Arms Export Control Act (22

13 U.S.C.2751 et seq.) is amended by inserting after chapter

14 3 the following new chapter:

15 ‘‘CHAPTER 3A—END-USE MONITORING OF

16 DEFENSE ARTICLES AND DEFENSE

17 SERVICES

18 ‘‘SEC. 40A. END-USE MONITORING OF DEFENSE ARTICLES

19 AND DEFENSE SERVICES.

20 ‘‘(a) ESTABLISHMENT OF MONITORING PROGRAM.—

21 ‘‘(1) IN GENERAL.—In order to improve ac22 countability with respect to defense articles and de23 fense services sold, leased, or exported under this

24 Act or the Foreign Assistance Act of 1961 (22

25 U.S.C. 2151 et seq.), the Secretary of State shall es-
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1 tablish a program which provides for the end-use

2 monitoring of such articles and services.

3 ‘‘(2) REQUIREMENTS OF PROGRAM.—To the ex4 tent practicable, such program—

5 ‘‘(A) shall provide for the end-use monitor6 ing of defense articles and defense services in

7 accordance with the standards that apply for

8 identifying high-risk exports for regular end-use

9 verification developed under section 38(g)(7) of

10 this Act (commonly referred to as the ‘Blue

11 Lantern’ program); and

12 ‘‘(B) shall be designed to provide reason13 able assurance that—

14 ‘‘(i) the recipient is complying with

15 the requirements imposed by the United

16 States Government with respect to use,

17 transfers, and security of defense articles

18 and defense services; and

19 ‘‘(ii) such articles and services are

20 being used for the purposes for which they

21 are provided.

22 ‘‘(b) CONDUCT OF PROGRAM.—In carrying out the

23 program established under subsection (a), the Secretary

24 shall ensure that the program—
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1 ‘‘(1) provides for the end-use verification of de2 fense articles and defense services that incorporate

3 sensitive technology, defense articles and defense

4 services that are particularly vulnerable to diversion

5 or other misuse, or defense articles or defense serv6 ices whose diversion or other misuse could have sig7 nificant consequences; and

8 ‘‘(2) prevents the diversion (through reverse en9 gineering or other means) of technology incorporated

10 in defense articles.

11 ‘‘(c) MONITORING RESPONSIBILITIES.—

12 ‘‘(1) IN GENERAL.—Pursuant to subsection (a),

13 sections 3 and 38 of this Act, and sections 505, 622,

14 and 623 of the Foreign Assistance Act of 1961, the

15 Secretary of State, in consultation with the Sec16 retary of Defense and officials of appropriate other

17 Federal agencies, shall provide for the monitoring of

18 defense articles and defense services described in

19 subsection (a).

20 ‘‘(2) ADDITIONAL PERSONNEL.—Upon the re21 quest of the Secretary of State, the Secretary of De22 fense or the Secretary of the Treasury, as the case

23 may be, shall provide to the agency primarily re24 sponsible for the licensing of exports under this sec25 tion, on a nonreimbursable basis, personnel with ap-
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1 propriate expertise to assist in the end-use monitor2 ing and enforcement functions under this section

3 and section 38 of this Act.

4 ‘‘(d) REPORT TO CONGRESS.—Not later than 6

5 months after the date of the enactment of the Foreign

6 Aid Reduction Act of 1995, and annually thereafter as a

7 part of the annual congressional presentation documents

8 submitted under section 634 of the Foreign Assistance Act

9 of 1961, the President shall transmit to the Congress a

10 report describing the actions taken to implement this sec11 tion.

12 ‘‘(e) THIRD COUNTRY TRANSFERS.—For purposes of

13 this section, defense articles and defense services sold,

14 leased, or exported under this Act or the Foreign Assist15 ance Act of 1961 (22 U.S.C. 2151 et seq.) includes de16 fense articles and defense services that are transferred to

17 a third country or other third party.’’.

18 (b) EFFECTIVE DATES.—Section 40A of the Arms

19 Export Control Act, as added by subsection (a), applies

20 with respect to defense articles and defense services pro21 vided before or after the date of the enactment of this

22 Act.
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1 SEC. 3193. BROKERING ACTIVITIES RELATING TO COMMER2 CIAL SALES OF DEFENSE ARTICLES AND

3 SERVICES.

4 (a) IN GENERAL.—Section 38(b)(1)(A) of the Arms

5 Export Control Act (22 U.S.C. 2778(b)(1)(A)) is amend6 ed—

7 (1) in the first sentence, by striking ‘‘As pre8 scribed in regulations’’ and inserting ‘‘(i) As pre9 scribed in regulations’’; and

10 (2) by adding at the end the following new

11 clause:

12 ‘‘(ii)(I) As prescribed in regulations issued under this

13 section, every person (other than an officer or employee

14 of the United States Government acting in official capac15 ity) who engages in the business of brokering activities

16 with respect to the manufacture, export, import, or trans17 fer of any defense article or defense service designated by

18 the President under subsection (a)(1), or in the business

19 of brokering activities with respect to the manufacture, ex20 port, import, or transfer of any foreign defense article or

21 defense service (as defined in subclause (IV)), shall reg22 ister with the United States Government agency charged

23 with the administration of this section, and shall pay a

24 registration fee which shall be prescribed by such regula25 tions.
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1 ‘‘(II) Such brokering activities shall include the fi2 nancing, transportation, freight forwarding, or the taking

3 of any other action that facilitates the manufacture, ex4 port, or import of a defense article or defense service.

5 ‘‘(III) No person may engage in the business of

6 brokering activities without a license, issued in accordance

7 with this Act, except that no license shall be required for

8 such activities undertaken by or for an agency of the Unit9 ed States Government—

10 ‘‘(aa) for official use by an agency of the Unit11 ed States Government; or

12 ‘‘(bb) for carrying out any foreign assistance or

13 sales program authorized by law and subject to the

14 control of the President by other means.

15 ‘‘(IV) For purposes of this clause, the term ‘foreign

16 defense article or defense service’ includes any non-United

17 States defense article or defense service of a nature de18 scribed on the United States Munitions List regardless of

19 whether such article or service is of United States origin

20 or whether such article or service contains United States

21 origin components.’’.

22 (b) EFFECTIVE DATE.—Section 38(b)(1)(A)(ii) of

23 the Arms Export Control Act, as added by subsection (a),

24 shall apply with respect to brokering activities engaged in

25 on or after the date of the enactment of this Act.
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1 SEC. 3194. RETURN AND EXCHANGES OF DEFENSE ARTI2 CLES PREVIOUSLY TRANSFERRED PURSUANT

3 TO THE ARMS EXPORT CONTROL ACT.

4 (a) REPAIR OF DEFENSE ARTICLES.—Section 21 of

5 the Arms Export Control Act (22 U.S.C. 2761) is amend6 ed by adding at the end the following new subsection:

7 ‘‘(l) AUTHORITY.—

8 ‘‘(1) IN GENERAL.—The President may acquire

9 a repairable defense article from a foreign country

10 or international organization, if such defense arti11 cle—

12 ‘‘(A) previously was transferred to such

13 country or organization under this Act;

14 ‘‘(B) is not an end item; and

15 ‘‘(C) will be exchanged for a defense article

16 of the same type that is in the stocks of the De17 partment of Defense.

18 ‘‘(2) LIMITATION.—The President may exercise

19 the authority provided in paragraph (1) only to the

20 extent that the Department of Defense—

21 ‘‘(A)(i) has a requirement for the defense

22 article being returned; and

23 ‘‘(ii) has available sufficient funds author24 ized and appropriated for such purpose; or

25 ‘‘(B)(i) is accepting the return of the de26 fense article for subsequent transfer to another
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1 foreign government or international organiza2 tion pursuant to a letter of offer and acceptance

3 implemented in accordance with this Act; and

4 ‘‘(ii) has available sufficient funds provided

5 by or on behalf of such other foreign govern6 ment or international organization pursuant to

7 a letter of offer and acceptance implemented in

8 accordance with this Act.

9 ‘‘(3) REQUIREMENT.—(A) The foreign govern10 ment or international organization receiving a new

11 or repaired defense article in exchange for a repair12 able defense article pursuant to paragraph (1) shall,

13 upon the acceptance by the United States Govern14 ment of the repairable defense article being re15 turned, be charged the total cost associated with the

16 repair and replacement transaction.

17 ‘‘(B) The total cost charged pursuant to sub18 paragraph (A) shall be the same as that charged the

19 United States Armed Forces for a similar repair and

20 replacement transaction, plus an administrative sur21 charge in accordance with subsection (e)(1)(A) of

22 this section.

23 ‘‘(4) RELATIONSHIP TO CERTAIN OTHER PROVI24 SIONS OF LAW.—The authority of the President to

25 accept the return of a repairable defense article as
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1 provided in subsection (a) shall not be subject to

2 chapter 137 of title 10, United States Code, or any

3 other provision of law relating to the conclusion of

4 contracts.’’.

5 (b) RETURN OF DEFENSE ARTICLES.—Section 21 of

6 such Act (22 U.S.C. 2761), as amended by this Act, is

7 further amended by adding at the end the following new

8 subsection:

9 ‘‘(m) AUTHORITY.—

10 ‘‘(1) IN GENERAL.—The President may accept

11 the return of a defense article from a foreign coun12 try or international organization, if such defense ar13 ticle—

14 ‘‘(A) previously was transferred to such

15 country or organization under this Act;

16 ‘‘(B) is not significant military equipment

17 (as defined in section 47(9) of this Act); and

18 ‘‘(C) is in fully functioning condition with19 out need of repair or rehabilitation.

20 ‘‘(2) LIMITATION.—The President may exercise

21 the authority provided in paragraph (1) only to the

22 extent that the Department of Defense—

23 ‘‘(A)(i) has a requirement for the defense

24 article being returned; and
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1 ‘‘(ii) has available sufficient funds author2 ized and appropriated for such purpose; or

3 ‘‘(B)(i) is accepting the return of the de4 fense article for subsequent transfer to another

5 foreign government or international organiza6 tion pursuant to a letter of offer and acceptance

7 implemented in accordance with this Act; and

8 ‘‘(ii) has available sufficient funds provided

9 by or on behalf of such other foreign govern10 ment or international organization pursuant to

11 a letter of offer and acceptance implemented in

12 accordance with this Act.

13 ‘‘(3) CONDITION.—Upon acquisition and ac14 ceptance by the United States Government of a de15 fense article under paragraph (1), the appropriate

16 Foreign Military Sales account of the provider shall

17 be credited to reflect the transaction.

18 ‘‘(4) RELATIONSHIP TO CERTAIN OTHER PROVI19 SIONS OF LAW.—The authority of the President to

20 accept the return of a defense article as provided in

21 paragraph (1) shall not be subject to chapter 137 of

22 title 10, United States Code, or any other provision

23 of law relating to the conclusion of contracts.’’.

24 (c) REGULATIONS.—Under the direction of the Presi25 dent, the Secretary of Defense shall promulgate regula-
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1 tions to implement subsections (l) and (m) of section 21

2 of the Arms Export Control Act, as added by this section.

3 SEC. 3195. ANNUAL MILITARY ASSISTANCE REPORT.

4 The Foreign Assistance Act of 1961 is amended by

5 inserting after section 654 (22 U.S.C. 2414) the following

6 new section:

7 ‘‘SEC. 657. ANNUAL REPORT ON MILITARY ASSISTANCE AND

8 MILITARY EXPORTS.

9 ‘‘Not later than February 1 of each year, the Presi10 dent shall transmit to the Congress an annual report for

11 the fiscal year ending the previous September 30, showing

12 the aggregate dollar value and quantity of defense articles

13 (including excess defense articles) and defense services,

14 and of military education and training, furnished by the

15 United States to each foreign country and international

16 organization, by category, specifying whether they were

17 furnished by grant under chapter 2 or chapter 5 of part

18 II of this Act, by sale under chapter 2 of the Arms Export

19 Control Act, by commercial sale licensed under section 38

20 of that Act, or by any other authority.’’.
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1 TITLE XXXII—ECONOMIC

2 ASSISTANCE

3 CHAPTER 1—ECONOMIC SUPPORT

4 ASSISTANCE

5 SEC. 3201. ECONOMIC SUPPORT FUND.

6 Section 532(a) of the Foreign Assistance Act of 1961

7 (22 U.S.C. 2346a(a)) is amended to read as follows:

8 ‘‘(a) There are authorized to be appropriated to the

9 President to carry out the purposes of this chapter

10 $2,356,378,000 for fiscal year 1996 and $2,248,478,000

11 for fiscal year 1997.’’.

12 SEC. 3202. ASSISTANCE FOR ISRAEL.

13 (a) MINIMUM ALLOCATION.—Of the amounts made

14 available for fiscal years 1996 and 1997 for assistance

15 under chapter 4 of part II of the Foreign Assistance Act

16 of 1961 (22 U.S.C. 2346 et seq.; relating to the economic

17 support fund), not less than $1,200,000,000 for each such

18 fiscal year shall be available only for Israel.

19 (b) TERMS OF ASSISTANCE.—

20 (1) CASH TRANSFER.—The total amount of

21 funds allocated for Israel for each fiscal year under

22 subsection (a) shall be made available on a grant

23 basis as a cash transfer.

24 (2) EXPEDITED DISBURSEMENT.—Such funds

25 shall be disbursed—
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1 (A) with respect to fiscal year 1996, not

2 later than 30 days after the date of the enact3 ment of the Foreign Operations, Export Fi4 nancing, and Related Programs Appropriations

5 Act, 1996, or by October 31, 1995, whichever

6 is later; and

7 (B) with respect to fiscal year 1997, not

8 later than 30 days after the date of the enact9 ment of the Foreign Operations, Export Fi10 nancing, and Related Programs Appropriations

11 Act, 1997, or by October 31, 1996, whichever

12 is later.

13 (3) ADDITIONAL REQUIREMENT.—In exercising

14 the authority of this subsection, the President shall

15 ensure that the amount of funds provided as a cash

16 transfer to Israel does not cause an adverse impact

17 on the total level of nonmilitary exports from the

18 United States to Israel.

19 SEC. 3203. ASSISTANCE FOR EGYPT.

20 (a) MINIMUM ALLOCATION.—Of the amounts made

21 available for fiscal years 1996 and 1997 for assistance

22 under chapter 4 of part II of the Foreign Assistance Act

23 of 1961 (22 U.S.C. 2346 et seq.; relating to the economic

24 support fund), not less than $815,000,000 for each such

25 fiscal year shall be available only for Egypt.
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1 (b) ADDITIONAL REQUIREMENT.—In exercising the

2 authority of this section, the President shall ensure that

3 the amount of funds provided as a cash transfer to Egypt

4 does not cause an adverse impact on the total level of non5 military exports from the United States to Egypt.

6 SEC. 3204. INTERNATIONAL FUND FOR IRELAND.

7 (a) FUNDING.—

8 (1) IN GENERAL.—Of the amounts made avail9 able for fiscal years 1996 and 1997 for assistance

10 under chapter 4 of part II of the Foreign Assistance

11 Act of 1961 (22 U.S.C. 2346 et seq.; relating to the

12 economic support fund), not more than $29,600,000

13 for fiscal year 1996 and not more than $19,600,000

14 for fiscal year 1997 shall be available for the United

15 States contribution to the International Fund for

16 Ireland in accordance with the Anglo-Irish Agree17 ment Support Act of 1986 (Public Law 99–415).

18 (2) AVAILABILITY.—Amounts made available

19 under paragraph (1) are authorized to remain avail20 able until expended.

21 (b) ADDITIONAL REQUIREMENTS.—

22 (1) PURPOSES.—Section 2(b) of the Anglo-Irish

23 Agreement Support Act of 1986 (Public Law 99–

24 415; 100 Stat. 947) is amended by adding at the

25 end the following new sentences: ‘‘United States con-
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1 tributions shall be used in a manner that effectively

2 increases employment opportunities in communities

3 with rates of unemployment significantly higher than

4 the local or urban average of unemployment in

5 Northern Ireland. In addition, such contributions

6 shall be used to benefit individuals residing in such

7 communities.’’.

8 (2) CONDITIONS AND UNDERSTANDINGS.—Sec9 tion 5(a) of such Act is amended—

10 (A) in the first sentence—

11 (i) by striking ‘‘The United States’’

12 and inserting the following:

13 ‘‘(1) IN GENERAL.—The United States’’;

14 (ii) by striking ‘‘in this Act may be

15 used’’ and inserting the following: ‘‘in this

16 Act—

17 ‘‘(A) may be used’’;

18 (iii) by striking the period and insert19 ing ‘‘; and’’; and

20 (iv) by adding at the end the follow21 ing:

22 ‘‘(B) may be provided to an individual or

23 entity in Northern Ireland only if such individ24 ual or entity is in compliance with the prin25 ciples of economic justice.’’; and
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1 (B) in the second sentence, by striking

2 ‘‘The restrictions’’ and inserting the following:

3 ‘‘(2) ADDITIONAL REQUIREMENTS.—The re4 strictions’’.

5 (3) PRIOR CERTIFICATIONS.—Section 5(c)(2) of

6 such Act is amended—

7 (A) in subparagraph (A), by striking

8 ‘‘principle of equality’’ and all that follows and

9 inserting ‘‘principles of economic justice; and’’;

10 and

11 (B) in subparagraph (B), by inserting be12 fore the period at the end the following: ‘‘and

13 will create employment opportunities in regions

14 and communities of Northern Ireland suffering

15 the highest rates of unemployment’’.

16 (4) ANNUAL REPORTS.—Section 6 of such Act

17 is amended—

18 (A) in paragraph (2), by striking ‘‘and’’ at

19 the end;

20 (B) in paragraph (3), by striking the pe21 riod and inserting ‘‘; and’’; and

22 (C) by adding at the end the following new

23 paragraph:

24 ‘‘(4) each individual or entity receiving assist25 ance from United States contributions to the Inter-
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1 national Fund has agreed in writing to comply with

2 the principles of economic justice.’’.

3 (5) DEFINITIONS.—Section 8 of such Act is

4 amended—

5 (A) in paragraph (1), by striking ‘‘and’’ at

6 the end;

7 (B) in paragraph (2), by striking the pe8 riod at the end and inserting a semicolon; and

9 (C) by adding at the end the following new

10 paragraphs:

11 ‘‘(3) the term ‘Northern Ireland’ includes the

12 counties of Antrim, Armagh, Derry, Down, Tyrone,

13 and Fermanagh; and

14 ‘‘(4) the term ‘principles of economic justice’

15 means the following principles:

16 ‘‘(A) Increasing the representation of indi17 viduals from underrepresented religious groups

18 in the workforce, including managerial, super19 visory, administrative, clerical, and technical

20 jobs.

21 ‘‘(B) Providing adequate security for the

22 protection of minority employees at the work23 place.

24 ‘‘(C) Banning provocative sectarian or po25 litical emblems from the workplace.
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1 ‘‘(D) Providing that all job openings be ad2 vertised publicly and providing that special re3 cruitment efforts be made to attract applicants

4 from underrepresented religious groups.

5 ‘‘(E) Providing that layoff, recall, and ter6 mination procedures do not favor a particular

7 religious group.

8 ‘‘(F) Abolishing job reservations, appren9 ticeship restrictions, and differential employ10 ment criteria which discriminate on the basis of

11 religion.

12 ‘‘(G) Providing for the development of

13 training programs that will prepare substantial

14 numbers of minority employees for skilled jobs,

15 including the expansion of existing programs

16 and the creation of new programs to train, up17 grade, and improve the skills of minority em18 ployees.

19 ‘‘(H) Establishing procedures to assess,

20 identify, and actively recruit minority employees

21 with the potential for further advancement.

22 ‘‘(I) Providing for the appointment of a

23 senior management staff member to be respon24 sible for the employment efforts of the entity

25 and, within a reasonable period of time, the im-
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1 plementation of the principles described in sub2 paragraphs (A) through (H).’’.

3 (6) EFFECTIVE DATE.—The amendments made

4 by this subsection shall take effect 180 days after

5 the date of the enactment of this Act.

6 SEC. 3205. LAW ENFORCEMENT ASSISTANCE.

7 (a) IN GENERAL.—Of the amounts made available

8 for fiscal years 1996 and 1997 for assistance under chap9 ter 4 of part II of the Foreign Assistance Act of 1961

10 (22 U.S.C. 2346 et seq.; relating to the economic support

11 fund), not more than $12,000,000 for each such fiscal

12 year shall be available for law enforcement assistance

13 under chapter 8 of part I of such Act (22 U.S.C. 2291

14 et seq.).

15 (b) AVAILABILITY.—Amounts made available under

16 subsection (a) are authorized to remain available until

17 expended.

18 CHAPTER 2—ASSISTANCE FOR PRIVATE

19 SECTOR PROGRAMS AND ACTIVITIES

20 SEC. 3211. PRIVATE SECTOR ENTERPRISE FUNDS.

21 The Foreign Assistance Act of 1961 (22 U.S.C. 2151

22 et seq.) is amended by inserting after section 601 the fol23 lowing new section:
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1 ‘‘SEC. 601A. PRIVATE SECTOR ENTERPRISE FUNDS.

2 ‘‘(a) AUTHORITY.—(1) The President may provide

3 funds and support to Enterprise Funds designated in ac4 cordance with subsection (b) that are or have been estab5 lished for the purposes of promoting—

6 ‘‘(A) development of the private sectors of eligi7 ble countries, including small businesses, the agricul8 tural sector, and joint ventures with United States

9 and host country participants; and

10 ‘‘(B) policies and practices conducive to private

11 sector development in eligible countries;

12 on the same basis as funds and support may be provided

13 with respect to Enterprise Funds for Poland and Hungary

14 under the Support for East European Democracy (SEED)

15 Act of 1989 (22 U.S.C. 5401 et seq.).

16 ‘‘(2) Funds may be made available under this section

17 notwithstanding any other provision of law.

18 ‘‘(b) COUNTRIES ELIGIBLE FOR ENTERPRISE

19 FUNDS.—(1) Except as provided in paragraph (2), the

20 President is authorized to designate a private, nonprofit

21 organization as eligible to receive funds and support pur22 suant to this section with respect to any country eligible

23 to receive assistance under part I of this Act in the same

24 manner and with the same limitations as set forth in sec25 tion 201(d) of the Support for East European Democracy

26 (SEED) Act of 1989 (22 U.S.C. 5421(d)).
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1 ‘‘(2) The authority of paragraph (1) shall not apply

2 to any country with respect to which the President is au3 thorized to designate an enterprise fund under section

4 498B(c) or section 498C of this Act or section 201 of the

5 Support for East European Democracy (SEED) Act of

6 1989 (22 U.S.C. 5421).

7 ‘‘(c) TREATMENT EQUIVALENT TO ENTERPRISE

8 FUNDS FOR POLAND AND HUNGARY.—Except as other9 wise specifically provided in this section, the provisions

10 contained in section 201 of the Support for East Euro11 pean Democracy (SEED) Act of 1989 (22 U.S.C. 5421)

12 (excluding the authorizations of appropriations provided

13 in subsection (b) of that section) shall apply to any Enter14 prise Fund that receives funds and support under this sec15 tion. The officers, members, or employees of an Enterprise

16 Fund that receive funds and support under this section

17 shall enjoy the same status under law that is applicable

18 to officers, members, or employees of the Enterprise

19 Funds for Poland and Hungary under section 201 of the

20 Support for East European Democracy (SEED) Act of

21 1989 (22 U.S.C. 5421).

22 ‘‘(d) REPORTING REQUIREMENT.—Notwithstanding

23 any other provision of this section, the requirement of sec24 tion 201(p) of the Support for East European Democracy

25 (SEED) Act of 1989 (22 U.S.C. 5421(p)), that an Enter-
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1 prise Fund shall be required to publish an annual report

2 not later than January 31 each year, shall not apply with

3 respect to an Enterprise Fund that receives funds and

4 support under this section for the first twelve months after

5 it is designated as eligible to receive such funds and sup6 port.

7 ‘‘(e) FUNDING.—

8 ‘‘(1) IN GENERAL.—Amounts made available

9 for a fiscal year to carry out chapter 1 of part I of

10 this Act (relating to development assistance) and to

11 carry out chapter 4 of part II of this Act (relating

12 to the economic support fund) shall be available for

13 such fiscal year to carry out this section, in addition

14 to amounts otherwise available for such purposes.

15 ‘‘(2) AFRICAN DEVELOPMENT.—In addition to

16 amounts available under paragraph (1) for a fiscal

17 year, amounts made available for such fiscal year to

18 carry out chapter 10 of part I of this Act (relating

19 to the Development Fund for Africa) shall be avail20 able for such fiscal year to carry out this section

21 with respect to countries in Africa.’’.

22 SEC. 3212. CENTRAL ASIAN ENTERPRISE FUND.

23 Notwithstanding section 201(D)(3)(A) of the Sup24 port for East European Democracy (SEED) Act of 1989

25 (22 U.S.C. 5421(d)(3)(A)), the Central Asian-American
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1 Enterprise Fund may, in lieu of the appointment of citi2 zens of the host countries to its Board of Directors, estab3 lish an advisory council for the host region comprised of

4 citizens of each of the host countries or establish separate

5 advisory councils for each of the host countries, with which

6 such Fund shall periodically consult with respect to the

7 Fund’s policies and proposed activities. Such host country

8 citizens shall satisfy the experience and expertise require9 ments set forth in section 201 (d)(3)(A) and (d)(3)(C) of

10 that Act.

11 SEC. 3213. MICRO- AND SMALL ENTERPRISE DEVELOPMENT

12 CREDITS.

13 (a) IN GENERAL.—Section 108 of the Foreign Assist14 ance Act of 1961 (22 U.S.C. 2151f) is amended to read

15 as follows:

16 ‘‘SEC. 108. MICRO- AND SMALL ENTERPRISE DEVELOPMENT

17 CREDITS.

18 ‘‘(a) FINDINGS AND POLICY.—The Congress finds

19 and declares that—

20 ‘‘(1) the development of micro- and small enter21 prise, including cooperatives, is a vital factor in the

22 stable growth of developing countries and in the de23 velopment and stability of a free, open, and equi24 table international economic system;
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1 ‘‘(2) it is, therefore, in the best interests of the

2 United States to assist the development of the pri3 vate sector in developing countries and to engage the

4 United States private sector in that process;

5 ‘‘(3) the support of private enterprise can be

6 served by programs providing credit, training, and

7 technical assistance for the benefit of micro- and

8 small enterprises; and

9 ‘‘(4) programs that provide credit, training, and

10 technical assistance to private institutions can serve

11 as a valuable complement to grant assistance pro12 vided for the purpose of benefiting micro- and small

13 private enterprise.

14 ‘‘(b) PROGRAM.—To carry out the policy set forth in

15 subsection (a), the President is authorized to provide as16 sistance to increase the availability of credit to micro- and

17 small enterprises lacking full access to credit, including

18 through—

19 ‘‘(1) loans and guarantees to credit institutions

20 for the purpose of expanding the availability of cred21 it to micro- and small enterprises;

22 ‘‘(2) training programs for lenders in order to

23 enable them to better meet the credit needs of

24 micro- and small entrepreneurs; and
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1 ‘‘(3) training programs for micro- and small en2 trepreneurs in order to enable them to make better

3 use of credit and to better manage their enter4 prises.’’.

5 (b) AUTHORIZATION OF APPROPRIATIONS.—

6 (1) IN GENERAL.—(A) There is authorized to

7 be appropriated to carry out section 108 of the For8 eign Assistance Act of 1961, in addition to funds

9 otherwise available for such purposes, $2,000,000

10 for each of the fiscal years 1996 and 1997. Funds

11 authorized to be appropriated under this subsection

12 shall be made available for the subsidy cost, as de13 fined in section 502(5) of the Federal Credit Reform

14 Act of 1990, for activities under section 108 of the

15 Foreign Assistance Act of 1961.

16 (B) In addition, there are authorized to be ap17 propriated $500,000 for each of the fiscal years

18 1996 and 1997 for the cost of training programs

19 and administrative expenses to carry out such sec20 tion.

21 (2) AVAILABILITY OF AMOUNTS.—Amounts au22 thorized to be appropriated under paragraph (1) are

23 authorized to remain available until expended.
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1 SEC. 3214. MICROENTERPRISE DEVELOPMENT GRANT AS2 SISTANCE.

3 Chapter 1 of part I of the Foreign Assistance Act

4 of 1961 (22 U.S.C. 2151 et seq.) is amended by adding

5 at the end the following new section:

6 ‘‘SEC. 129. MICROENTERPRISE DEVELOPMENT GRANT AS7 SISTANCE.

8 ‘‘(a) AUTHORIZATION.—(1) In carrying out this part,

9 the administrator of the agency primarily responsible for

10 administering this part is authorized to provide grant as11 sistance for programs of credit and other assistance for

12 microenterprises in developing countries.

13 ‘‘(2) Assistance authorized under paragraph (1) shall

14 be provided through the following organizations that have

15 a capacity to develop and implement microenterprise pro16 grams:

17 ‘‘(A) United States and indigenous private and

18 voluntary organizations.

19 ‘‘(B) United States and indigenous credit

20 unions and cooperative organizations.

21 ‘‘(C) Other indigenous governmental and non22 governmental organizations.

23 ‘‘(3) Approximately 50 percent of assistance author24 ized under paragraph (1) shall be used for poverty lending

25 programs which—
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1 ‘‘(A) meet the needs of the very poor members

2 of society, particularly poor women; and

3 ‘‘(B) provide loans of $300 or less in 1995

4 United States dollars to such poor members of soci5 ety.

6 ‘‘(4) The administrator of the agency primarily re7 sponsible for administering this part shall strengthen ap8 propriate mechanisms, including mechanisms for central

9 microenterprise programs, for the purpose of—

10 ‘‘(A) providing technical support for field mis11 sions;

12 ‘‘(B) strengthening the institutional develop13 ment of the intermediary organizations described in

14 paragraph (2); and

15 ‘‘(C) sharing information relating to the provi16 sion of assistance authorized under paragraph (1)

17 between such field missions and intermediary organi18 zations.

19 ‘‘(b) MONITORING SYSTEM.—In order to maximize

20 the sustainable development impact of the assistance au21 thorized under subsection (a)(1), the administrator of the

22 agency primarily responsible for administering this part

23 shall establish a monitoring system that—
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1 ‘‘(1) establishes performance goals for such as2 sistance and expresses such goals in an objective and

3 quantifiable form, to the extent feasible;

4 ‘‘(2) establishes performance indicators to be

5 used in measuring or assessing the achievement of

6 the goals and objectives of such assistance; and

7 ‘‘(3) provides a basis for recommendations for

8 adjustments to such assistance to enhance the sus9 tainable development impact of such assistance, par10 ticularly the impact of such assistance on the very

11 poor, particularly poor women.’’.

12 CHAPTER 3—DEVELOPMENT ASSISTANCE

13 Subchapter A—Development Assistance

14 Authorities

15 SEC. 3221. AUTHORIZATIONS OF APPROPRIATIONS.

16 (a) IN GENERAL.—There are authorized to be appro17 priated the following amounts for the following purposes

18 (in addition to amounts otherwise available for such pur19 poses):

20 (1) DEVELOPMENT ASSISTANCE FUND.—

21 $858,000,000 for fiscal year 1996 and

22 $745,000,000 for fiscal year 1997 to carry out sec23 tions 103 through 106 of the Foreign Assistance Act

24 of 1961 (22 U.S.C. 2151a through 2151d).
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1 (2) DEVELOPMENT FUND FOR AFRICA.—

2 $629,214,000 for fiscal year 1996 and

3 $614,214,000 for fiscal year 1997 to carry out chap4 ter 10 of part I of the Foreign Assistance Act of

5 1961 (22 U.S.C. 2293 et seq.).

6 (3) ASSISTANCE FOR THE INDEPENDENT

7 STATES OF THE FORMER SOVIET UNION.—

8 $643,000,000 for fiscal year 1996 and

9 $625,000,000 for fiscal year 1997 to carry out pro10 grams under chapter 11 of part I of the Foreign As11 sistance Act of 1961 (22 U.S.C. 2295 et seq.) and

12 other related programs.

13 (4) ASSISTANCE FOR EAST EUROPEAN COUN14 TRIES.—$325,000,000 for fiscal year 1996 and

15 $275,000,000 for fiscal year 1997 for economic as16 sistance for Eastern Europe and the Baltic states

17 under the Foreign Assistance Act of 1961 (22

18 U.S.C. 2151 et seq.) and the Support for East Eu19 ropean Democracy (SEED) Act of 1989 (22 U.S.C.

20 5401 et seq.).

21 (5) INTER-AMERICAN FOUNDATION.—

22 $20,000,000 for fiscal year 1996 and $7,000,000 for

23 fiscal year 1997 to carry out section 401 of the For24 eign Assistance Act of 1969 (22 U.S.C. 290f).
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1 (6) AFRICAN DEVELOPMENT FOUNDATION.—

2 $10,000,000 for fiscal year 1996 and $4,000,000 for

3 fiscal year 1997 to carry out the African Develop4 ment Foundation Act (22 U.S.C. 290h et seq.).

5 (b) AVAILABILITY OF AMOUNTS.—Amounts author6 ized to be appropriated under subsection (a) are author7 ized to remain available until expended.

8 SEC. 3222. CHILD SURVIVAL ACTIVITIES, VITAMIN A DEFI9 CIENCY PROGRAM, AND RELATED ACTIVI10 TIES.

11 (a) CHILD SURVIVAL ACTIVITIES.—

12 (1) IN GENERAL.—(A) Of the amounts made

13 available to carry out the provisions of law described

14 in paragraph (2) for fiscal years 1996 and 1997, not

15 less than $280,000,000 for each such fiscal year

16 should be made available only for activities which

17 have a direct measurable impact on rates of child

18 morbidity and mortality, with a particular emphasis

19 on delivery of community-based primary health care

20 and health education services which benefit the poor21 est of the poor.

22 (B) Of the amounts made available under sub23 paragraph (A) for a fiscal year, not less than

24 $30,000,000 for such fiscal year should be provided

25 to private and voluntary organizations under the
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1 PVO Child Survival grants program carried out by

2 the agency primarily responsible for administering

3 part I of the Foreign Assistance Act of 1961.

4 (2) PROVISIONS OF LAW.—The provisions of

5 law described in this paragraph are the following:

6 (A) Sections 103 through 106 of the For7 eign Assistance Act of 1961 (22 U.S.C. 2151a

8 through 2151d; relating to the development as9 sistance fund).

10 (B) Chapter 10 of part I of the Foreign

11 Assistance Act of 1961 (22 U.S.C. 2293 et seq.;

12 relating to the Development Fund for Africa).

13 (C) Chapter 4 of part II of the Foreign

14 Assistance Act of 1961 (22 U.S.C. 2346 et seq.;

15 relating to the economic support fund).

16 (D) The ‘‘Multilateral Assistance Initiative

17 for the Philippines’’ program.

18 (3) SPECIAL RULE.—Amounts made available

19 under sections 103 through 106 of the Foreign As20 sistance Act of 1961 for the Vitamin A Deficiency

21 Program, part I of such Act for iodine and iron for22 tification programs and for iron supplementation

23 programs for pregnant women, chapter 9 of part I

24 of such Act for international disaster assistance, sec25 tion 104(c) of such Act for international AIDS pre-
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1 vention and control, and any other provision of law

2 for migration and refugee assistance, shall not be in3 cluded in the aggregate amounts described in para4 graph (1) for purposes of the requirements con5 tained in such paragraph.

6 (b) VITAMIN A DEFICIENCY PROGRAM AND RELATED

7 ACTIVITIES.—Of the amounts made available to carry out

8 sections 103 through 106 of the Foreign Assistance Act

9 of 1961 (22 U.S.C. 2151a through 2151d) for fiscal years

10 1996 and 1997, not less than $25,000,000 for each such

11 fiscal year should be made available for the Vitamin A

12 Deficiency Program and for activities relating to iodine

13 deficiency and other micronutrients.

14 (c) UNDP/WHO TROPICAL DISEASE PROGRAM.—Of

15 the amounts made available to carry out section 103

16 through 106 of the Foreign Assistance Act of 1961 (22

17 U.S.C. 2151a through 2151d) for fiscal years 1996 and

18 1997, not less than $15,000,000 for each such fiscal year

19 should be made available for the United Nations Develop20 ment Program/World Health Organization Special Pro21 gram for Research and Training in Tropical Diseases.

22 SEC. 3223. ASSISTANCE FOR FAMILY PLANNING.

23 (a) RESTRICTION ON USE OF FUNDS FOR VOL24 UNTARY POPULATION PLANNING.—Section 104(b) of the

25 Foreign Assistance Act of 1961 (22 U.S.C. 2151b(b)) is
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1 amended by inserting after the first sentence the following

2 new sentence: ‘‘Such assistance shall be available only for

3 voluntary family planning projects which offer, either di4 rectly or through referral to, or information about access

5 to, a broad range of family planning methods and

6 services.’’.

7 (b) PROHIBITION ON USE OF FUNDS FOR VOL8 UNTARY POPULATION PLANNING TO ORGANIZATIONS OR

9 PROGRAMS SUPPORTING OR PARTICIPATING IN THE MAN10 AGEMENT OF ABORTION OR INVOLUNTARY STERILIZA11 TION PROGRAMS.—Section 104(b) of such Act (22 U.S.C.

12 2151b(b)), as amended by subsection (a), is further

13 amended—

14 (1) in the first sentence, by striking ‘‘In order

15 to’’ and inserting ‘‘(1) In order to’’; and

16 (2) by adding at the end the following new

17 paragraph:

18 ‘‘(2) None of the funds made available to carry out

19 this subsection may be made available to any organization

20 or program which, as determined by the President, sup21 ports or participates in the management of a program of

22 coercive abortion or involuntary sterilization.’’.

23 (c) PROHIBITION ON DISCRIMINATION WITH RE24 SPECT TO GRANTS FOR NATURAL FAMILY PLANNING.—

25 Section 104(b) of such Act (22 U.S.C. 2151b(b)), as
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1 amended by subsections (a) and (b), is further amended

2 by adding at the end the following new paragraph:

3 ‘‘(3) In providing grants for natural family planning

4 under this subsection, the administrator of the agency pri5 marily responsible for administering this part shall not

6 discriminate against applicants because of any religious or

7 conscientious commitment by such applicants to offer only

8 natural family planning services.’’.

9 (d) CLARIFICATION WITH RESPECT TO PROHIBITION

10 ON USE OF FUNDS FOR ABORTIONS.—Section 104(f)(1)

11 of such Act (22 U.S.C. 2151b(f)(1)) is amended—

12 (1) by striking ‘‘None of the funds’’ and insert13 ing ‘‘(A) None of the funds’’; and

14 (2) by adding at the end the following new sub15 paragraph:

16 ‘‘(B) For purposes of this paragraph, the term ‘moti17 vate’ shall not be construed to prohibit the provision, con18 sistent with local law, of information and counseling con19 cerning all pregnancy options, including abortion.’’.

20 SEC. 3224. ASSISTANCE FOR THE INDEPENDENT STATES OF

21 THE FORMER SOVIET UNION.

22 (a) CONDITIONS ON ASSISTANCE.—Section 498A(b)

23 of the Foreign Assistance Act of 1961 (22 U.S.C.

24 2295a(b)) is amended—
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1 (1) in paragraph (4), by striking ‘‘or’’ at the

2 end;

3 (2) by redesignating paragraph (5) as para4 graph (10); and

5 (3) by inserting after paragraph (4) the follow6 ing new paragraphs:

7 ‘‘(5) for the Government of Russia, unless the

8 President certifies to the Congress that such Gov9 ernment—

10 ‘‘(A) is pursuing, without preconditions, an

11 immediate and permanent ceasefire, and is pur12 suing a negotiated settlement to the conflict in

13 the Russian Federation Republic of Chechnya;

14 ‘‘(B) is taking steps to provide unhindered

15 access to the region of Chechnya and surround16 ing areas of the Russian Federation by elected

17 officials of the Russian Federation and by inde18 pendent Russian media;

19 ‘‘(C) is cooperating with the Organization

20 for Security and Cooperation in Europe and

21 other appropriate international organizations in

22 undertaking steps to investigate and prosecute

23 any and all individuals, including members of

24 the Russian armed forces and internal security

25 agencies, who may be responsible for atrocities,
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1 war crimes, or crimes against humanity in the

2 region of Chechnya;

3 ‘‘(D) is cooperating with the Assistance

4 Group of the Organization on Security and Co5 operation in Europe established in Chechnya in

6 fulfilling that mission’s mandate;

7 ‘‘(E) is cooperating in assuring the

8 unhindered delivery of humanitarian assistance

9 to the civilian population in Chechnya;

10 ‘‘(F) has made the fullest possible account11 ing of all persons currently detained by Russian

12 military or security forces as a result of the

13 conflict in Chechnya and has allowed access to

14 those individuals by the International Commit15 tee of the Red Cross;

16 ‘‘(G) is taking steps to repatriate refugees

17 and displaced persons wishing to return to

18 Chechnya; and

19 ‘‘(H) is taking steps to hold free and fair

20 elections in Chechnya, based on the principles

21 of the Organization on Security and Coopera22 tion in Europe and conducted in the presence

23 of foreign and domestic observers;

24 except that this paragraph shall not apply to the

25 provision of such assistance for purposes of humani-
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1 tarian, disaster, and refugee relief or assisting demo2 cratic political reform and rule of law activities, pro3 vision of technical assistance for safety upgrade of

4 civilian nuclear power plants, and assisting in the

5 creation of private sector and nongovernmental orga6 nizations that are independent of government owner7 ship and control;

8 ‘‘(6) for the government of any independent

9 state that has agreed to provide nuclear reactor

10 components to Iran, unless the President determines

11 that the sale of such components to Iran includes

12 safeguards that are consistent with the national se13 curity objectives of the United States and the con14 cerns of the United States with respect to non15 proliferation of nuclear weapons technology, except

16 that this paragraph shall not apply to the provision

17 of such of assistance for purposes of—

18 ‘‘(A) humanitarian, disaster, and refugee

19 relief; or

20 ‘‘(B) assisting democratic political reform,

21 rule of law activities, and the creation of private

22 sector and nongovernmental organizations that

23 are independent of government ownership and

24 control;
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1 ‘‘(7) for the government of any independent

2 state that the President determines directs any ac3 tion in violation of the territorial integrity or na4 tional sovereignty of any other new independent

5 state, except that this paragraph shall not apply to

6 the provision of such assistance for purposes of—

7 ‘‘(A) humanitarian, disaster, and refugee

8 relief; or

9 ‘‘(B) assisting democratic political reform,

10 rule of law activities, and the creation of private

11 sector and nongovernmental organizations that

12 are independent of government ownership and

13 control;

14 ‘‘(8) for the purpose of enhancing the military

15 capability of any independent state, except that this

16 paragraph shall not apply to demilitarization, de17 fense conversion or nonproliferation programs, or

18 programs to support troop withdrawal including

19 through the support of an officer resettlement pro20 gram, and technical assistance for the housing sec21 tor;

22 ‘‘(9) for the Government of Russia if the Presi23 dent determines that Government—

24 ‘‘(A) is not making progress in implement25 ing comprehensive economic reforms based on
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1 market principles, including fostering private

2 ownership, the repayment of commercial debt,

3 the respect of commercial contracts, the equi4 table treatment of foreign private investment;

5 or

6 ‘‘(B) applies or transfers assistance pro7 vided under this chapter to any entity for the

8 purpose of expropriating or seizing ownership

9 or control of assets, investments, or ventures;

10 or’’.

11 (b) ASSISTANCE THROUGH THE PRIVATE SECTOR.—

12 Section 498B(a) of such Act (22 U.S.C. 2295b(a)) is

13 amended to read as follows:

14 ‘‘(a) ASSISTANCE THROUGH THE PRIVATE SEC15 TOR.—Assistance under this chapter shall be provided, to

16 the maximum extent feasible, through the private sector,

17 including private and voluntary organizations and other

18 nongovernmental organizations functioning in the inde19 pendent states of the former Soviet Union.’’.

20 (c) WAIVER OF CERTAIN PROVISIONS.—Section

21 498B(j)(1) of such Act (22 U.S.C. 2295b(j)(1)) is amend22 ed in the matter preceding subparagraph (A)—

23 (1) by striking ‘‘for fiscal year 1993 by this

24 chapter’’ and inserting ‘‘to carry out this chapter’’;

25 and
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1 (2) by striking ‘‘appropriated for fiscal year

2 1993’’.

3 SEC. 3225. DEVELOPMENT FUND FOR LATIN AMERICA AND

4 THE CARIBBEAN.

5 Part I of the Foreign Assistance Act of 1961 (22

6 U.S.C. 2151 et seq.) is amended by adding at the end

7 the following new chapter:

8 ‘‘CHAPTER 12—DEVELOPMENT FUND FOR

9 LATIN AMERICA AND THE CARIBBEAN

10 ‘‘SEC. 499. STATEMENT OF POLICY.

11 ‘‘The Congress declares the following:

12 ‘‘(1) The historic, economic, political, and geo13 graphic relationships among the countries of the

14 Western Hemisphere are unique and of continuing

15 special significance.

16 ‘‘(2) Following the historic Summit of the

17 Americas and the passage of the North American

18 Free Trade Agreement, the countries of the Western

19 Hemisphere have moved steadfastly toward economic

20 and political integration.

21 ‘‘(3) The interests of the countries of the West22 ern Hemisphere are more interrelated than ever, and

23 sound economic, social, and democratic progress in

24 each of the countries continues to be of importance
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1 to all countries, and lack of it in any country may

2 have serious repercussions in others.

3 ‘‘(4) For the peoples of Latin America and the

4 Caribbean to progress within the framework of social

5 justice, respect for human rights, political democ6 racy, and market-oriented economies, there is a com7 pelling need for the achievement of social and eco8 nomic advancement and the consolidation of political

9 democracy and the rule of law adequate to meet the

10 legitimate aspirations of the individual citizens of

11 the countries of Latin America and the Caribbean

12 for a better way of life.

13 ‘‘(5) The prosperity, security, and well-being of

14 the United States is linked directly to peace, pros15 perity, and democracy in Latin America and the

16 Caribbean.

17 ‘‘(6) Democratic values are dominant through18 out Latin America and the Caribbean region and

19 nearly all governments in such region have come to

20 power through democratic elections.

21 ‘‘(7) Nonetheless, existing democratic govern22 ments and their supporting institutions remain frag23 ile and face critical challenges, including, in particu24 lar, the consolidation of civilian control of such gov25 ernments and institutions, including control of the
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1 military, the consolidation or establishment of inde2 pendent judicial institutions and of the rule of law,

3 and where appropriate, the decentralization of gov4 ernment.

5 ‘‘(8) In adherence to free market principles, it

6 is essential to promote economic growth with eq7 uity—enlarging employment and decisionmaking op8 portunities and the provision of basic social services

9 for traditionally marginalized groups, such as indige10 nous minorities, women, and the poor—and to pro11 tect and promote workers rights.

12 ‘‘(9) By supporting the purposes and objectives

13 of sustainable development and applying such pur14 poses and objectives to Latin America and the Car15 ibbean, the Development Fund for Latin America

16 and the Caribbean can advance the national inter17 ests of the United States and can directly improve

18 the lives of the poor, encourage broad-based eco19 nomic growth while protecting the environment,

20 build human capital and knowledge, support partici21 pation in democracy, and promote peace and justice

22 in Latin America and the Caribbean.

23 ‘‘SEC. 499A. AUTHORIZATION OF ASSISTANCE.

24 ‘‘(a) IN GENERAL.—The President is authorized to

25 provide assistance for Latin America and the Caribbean
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1 to promote democracy, sustainable development, and eco2 nomic growth in Latin America and the Caribbean.

3 ‘‘(b) TERMS AND CONDITIONS.—Assistance under

4 this chapter shall be provided on such terms and condi5 tions as the President may determine.

6 ‘‘SEC. 499B. AVAILABILITY OF AMOUNTS.

7 ‘‘(a) IN GENERAL.—Of the amounts made available

8 to carry out the provisions of law described in subsection

9 (b) for fiscal year 1996 and for each succeeding fiscal

10 year, not less than an amount requested by the President

11 and approved by the Congress in appropriations Acts shall

12 be made available to carry out this chapter.

13 ‘‘(b) PROVISIONS OF LAW.—The provisions of law de14 scribed in this subsection are the following:

15 ‘‘(1) Sections 103 through 106 of this Act (re16 lating to the development assistance fund).

17 ‘‘(2) Chapter 8 of this part (relating to inter18 national narcotics control).

19 ‘‘(3) Chapter 4 of part II of this Act (relating

20 to the economic support fund).

21 ‘‘(4) Chapter 5 of part II of this Act (relating

22 to international military education and training).

23 ‘‘(5) Titles II and III of the Agricultural Trade

24 Development and Assistance Act of 1954.
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1 ‘‘(6) The ‘Foreign Military Financing Program’

2 under section 23 of the Arms Export Control Act

3 (22 U.S.C. 2763).

4 ‘‘(c) AVAILABILITY.—Amounts made available under

5 this section are authorized to remain available until ex6 pended.’’.

7 SEC. 3226. EFFECTIVENESS OF UNITED STATES DEVELOP8 MENT ASSISTANCE.

9 Chapter 1 of part I of the Foreign Assistance Act

10 of 1961 (22 U.S.C. 2251 et seq.), as amended by this Act,

11 is further amended by adding at the end the following new

12 section:

13 ‘‘SEC. 130. EFFECTIVENESS OF UNITED STATES DEVELOP14 MENT ASSISTANCE.

15 ‘‘(a) REPORTS.—Not later than December 31, 1996,

16 and December 31 of each third year thereafter, the Presi17 dent shall transmit to the Congress a report which ana18 lyzes, on a country-by-country basis, the impact and effec19 tiveness of the United States development assistance pro20 vided during the preceding three fiscal years. Each report

21 shall include the following for each recipient country:

22 ‘‘(1) An analysis of the impact of United States

23 development assistance during the preceding three

24 fiscal years on development in that country, with a

25 discussion of the United States interests that were
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1 served by the assistance. Such analysis shall be done

2 on a sector-by-sector basis to the extent possible and

3 shall identify any economic policy reforms which

4 were promoted by the assistance. Such analysis

5 shall—

6 ‘‘(A) include a description, quantified to

7 the extent practicable, of the specific objectives

8 the United States sought to achieve in provid9 ing development assistance for that country;

10 and

11 ‘‘(B) specify the extent to which those ob12 jectives were not achieved, with an explanation

13 of why they were not achieved.

14 ‘‘(2) A description of the amount and nature of

15 development assistance provided by other donors

16 during the preceding three fiscal years, set forth by

17 development sector to the extent possible.

18 ‘‘(3) A discussion of the commitment of the

19 host government to addressing the country’s needs

20 in each development sector, including a description

21 of the resources devoted by that government to each

22 development sector during the preceding three fiscal

23 years.

24 ‘‘(4) A description of the trends, both favorable

25 and unfavorable, in each development sector.
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1 ‘‘(5) Statistical and other information necessary

2 to evaluate the impact and effectiveness of United

3 States development assistance on development in the

4 country.

5 ‘‘(b) LISTING OF MOST AND LEAST SUCCESSFUL AS6 SISTANCE PROGRAMS.—Each report required by this sec7 tion shall identify—

8 ‘‘(1) those five countries in which United States

9 development assistance has been most successful;

10 and

11 ‘‘(2) those five countries in which United States

12 development assistance has been least successful.

13 For each country listed pursuant to paragraph (2), the

14 report shall explain why the assistance was not more suc15 cessful and shall specify what the United States has done

16 as a result.

17 ‘‘(c) REPORT TO BE A SEPARATE DOCUMENT.—

18 Each report required by this section shall be submitted

19 to the Congress as a separate document.

20 ‘‘(d) DEFINITION.—As used in this section, the terms

21 ‘United States development assistance’ and ‘development

22 assistance’ means assistance under this chapter.’’.
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1 SEC. 3227. FUNDING FOR PRIVATE AND VOLUNTARY ORGA2 NIZATIONS AND COOPERATIVES.

3 (a) IN GENERAL.—For each of the fiscal years 1996

4 and 1997, the President should allocate an aggregate

5 amount to private and voluntary organizations and co6 operatives under the Foreign Assistance Act of 1961 (22

7 U.S.C. 2151 et seq.) and the Support for East European

8 Democracy (SEED) Act of 1989 which, at a minimum,

9 is equal to the aggregate amount allocated to such organi10 zations and cooperatives under such Acts for fiscal year

11 1994.

12 (b) DEFINITION.—For purposes of this section, the

13 term ‘‘private and voluntary organization’’ means a pri14 vate nongovernmental organization which—

15 (1) is organized under the laws of a country;

16 (2) receives funds from private sources;

17 (3) operates on a not-for-profit basis with ap18 propriate tax-exempt status if the laws of the coun19 try grant such status to not-for-profit organizations;

20 (4) is voluntary in that it receives voluntary

21 contributions of money, time, or in-kind support

22 from the public; and

23 (5) is engaged or intends to be engaged in vol24 untary, charitable, development, or humanitarian as25 sistance activities.
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1 SEC. 3228. SENSE OF THE CONGRESS RELATING TO UNITED

2 STATES COOPERATIVES AND CREDIT UNIONS.

3 It is the sense of the Congress that—

4 (1) United States cooperatives and credit

5 unions can provide an opportunity for people in de6 veloping countries to participate directly in demo7 cratic decisionmaking for their economic and social

8 benefit through ownership and control of business

9 enterprises and through the mobilization of local

10 capital and savings; and

11 (2) such organizations should be utilized in fos12 tering democracy, free markets, community-based

13 development, and self-help projects.

14 Subchapter B—Operating Expenses

15 SEC. 3231. OPERATING EXPENSES GENERALLY.

16 Section 667(a)(1) of the Foreign Assistance Act of

17 1961 (22 U.S.C. 2427(a)(1)) is amended to read as fol18 lows:

19 ‘‘(1) $465,774,000 for fiscal year 1996 and

20 $419,196,000 for fiscal year 1997 for necessary op21 erating expenses of the agency primarily responsible

22 for administering part I of this Act (other than the

23 office of the inspector general of such agency); and’’.
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1 SEC. 3232. OPERATING EXPENSES OF THE OFFICE OF THE

2 INSPECTOR GENERAL.

3 Section 667(a) of the Foreign Assistance Act of 1961

4 (22 U.S.C. 2427(a)), as amended by this Act, is further

5 amended—

6 (1) by redesignating paragraph (2) as para7 graph (3);

8 (2) by striking ‘‘and’’ at the end of paragraph

9 (1); and

10 (3) by inserting after paragraph (1) the follow11 ing:

12 ‘‘(2) $35,206,000 for fiscal year 1996 and

13 $30,685,000 for fiscal year 1997 for necessary oper14 ating expenses of the office of the inspector general

15 of such agency; and’’.

16 CHAPTER 4—PUBLIC LAW 480

17 SEC. 3241. LEVELS OF ASSISTANCE FOR TITLE II.

18 Section 204(a) of the Agricultural Trade Develop19 ment and Assistance Act of 1954 (7 U.S.C. 1724(a)) is

20 amended—

21 (1) in paragraph (1)(E), by striking ‘‘for fiscal

22 year 1995’’ and inserting ‘‘for each of the fiscal

23 years 1995 through 1997’’; and

24 (2) in paragraph (2)(E), by striking ‘‘for fiscal

25 year 1995’’ and inserting ‘‘for each of the fiscal

26 years 1995 through 1997’’.
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1 SEC. 3242. AUTHORIZATION OF APPROPRIATIONS FOR

2 TITLE III.

3 No funds are authorized to be appropriated for either

4 of the fiscal years 1996 and 1997 for the provision of agri5 cultural commodities under title III of the Agricultural

6 Trade Development and Assistance Act of 1954 (7 U.S.C.

7 1727 et seq.).

8 CHAPTER 5—HOUSING GUARANTEE

9 PROGRAM

10 SEC. 3251. AUTHORIZATION OF APPROPRIATIONS FOR AD11 MINISTRATIVE EXPENSES.

12 (a) IN GENERAL.—(1) Subject to paragraph (2),

13 there are authorized to be appropriated $7,000,000 for fis14 cal year 1996 and $6,000,000 for fiscal year 1997 for ad15 ministrative expenses to carry out guaranteed loan pro16 grams under sections 221 and 222 of the Foreign Assist17 ance Act of 1961 (22 U.S.C. 2181 and 2182).

18 (2) Amounts authorized to be appropriated under

19 paragraph (1) may be made available only for—

20 (A) administrative expenses incurred with re21 spect to guaranties issued before the date of the en22 actment of this Act; or

23 (B) expenses incurred with respect to activities

24 related to the collection of amounts paid by the

25 United States in the discharge of liabilities under
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1 guaranties issued under section 222 of the Foreign

2 Assistance Act of 1961 (22 U.S.C. 2182).

3 (b) AVAILABILITY.—Amounts authorized to be appro4 priated under subsection (a) are authorized to remain

5 available until expended.

6 SEC. 3252. ADDITIONAL REQUIREMENTS.

7 (a) EXPIRATION OF AUTHORITY.—Section 222(a) of

8 the Foreign Assistance Act of 1961 (22 U.S.C. 2182(a))

9 is amended by striking the third sentence and inserting

10 the following: ‘‘No guaranties may be issued under this

11 section on or after the date of the enactment of the For12 eign Aid Reduction Act of 1995.’’.

13 (b) CANCELLATION OF CERTAIN EXISTING GUARAN14 TIES.—Section 222 of such Act (22 U.S.C. 2182) is

15 amended—

16 (1) by redesignating subsection (k) as sub17 section (d); and

18 (2) by adding at the end the following new sub19 section:

20 ‘‘(e) The President shall cancel all guaranties issued

21 under this section with respect to which eligible investors

22 have not (before the date of the enactment of the Foreign

23 Aid Reduction Act of 1995) applied such guaranties to

24 loans for projects under this title. The provisions of this
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1 subsection shall not apply to guaranties which have been

2 issued for the benefit of the Republic of South Africa.’’.

3 (c) PROHIBITION ON ASSISTANCE FOR ENTITIES IN

4 DEFAULT AND CERTAIN OTHER ENTITIES.—Section 620

5 of such Act (22 U.S.C. 2370) is amended by inserting

6 after subsection (u) the following new subsection:

7 ‘‘(v)(1) Subject to paragraph (2), no assistance shall

8 be furnished under this Act to any entity that—

9 ‘‘(A) fails to make timely payments on loans

10 with respect to which guaranties have been issued

11 under title III of chapter 2 of part I of this Act (re12 lating to housing and other credit guaranty pro13 grams); or

14 ‘‘(B) causes amounts (including amounts for

15 administrative expenses) to be paid by the United

16 States in the discharge of liabilities under guaranties

17 issued under such title, unless such entity has reim18 bursed the United States for such amounts.

19 ‘‘(2) The President may waive the prohibition in

20 paragraph (1) with respect to an entity if the President

21 determines that it is in the national interest of the United

22 States to furnish assistance under this Act to such en23 tity.’’.
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1 CHAPTER 6—PEACE CORPS

2 SEC. 3261. PEACE CORPS.

3 Section 3(b) of the Peace Corps Act (22 U.S.C.

4 2502(b)) is amended to read as follows:

5 ‘‘(b)(1) There are authorized to be appropriated to

6 carry out the purposes of this Act $219,745,000 for fiscal

7 year 1996 and $215,000,000 for fiscal year 1997.

8 ‘‘(2) Amounts authorized to be appropriated under

9 paragraph (1)—

10 ‘‘(A) with respect to fiscal year 1996 are au11 thorized to remain available until September 30,

12 1997; and

13 ‘‘(B) with respect to fiscal year 1997 are au14 thorized to remain available until September 30,

15 1998.’’.

16 SEC. 3262. ACTIVITIES OF THE PEACE CORPS IN THE

17 FORMER SOVIET UNION.

18 (a) IN GENERAL.—Of the amounts made available

19 for fiscal years 1996 and 1997 to carry out chapter 11

20 of part I of the Foreign Assistance Act of 1961 (22 U.S.C.

21 2295 et seq.; relating to assistance for the independent

22 states of the former Soviet Union), not more than

23 $11,600,000 for each such fiscal year shall be available

24 for activities of the Peace Corps in the independent states

25 of the former Soviet Union (as defined in section 3 of the
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1 Freedom for Russia and Emerging Eurasian Democracies

2 and Open Markets Support Act of 1992).

3 (b) AVAILABILITY.—Amounts made available under

4 subsection (a)—

5 (1) with respect to fiscal year 1996 are author6 ized to remain available until September 30, 1997;

7 and

8 (2) with respect to fiscal year 1997 are author9 ized to remain available until September 30, 1998.

10 SEC. 3263. PROHIBITION ON USE OF FUNDS FOR ABOR11 TIONS.

12 Section 15 of the Peace Corps Act (22 U.S.C. 2514)

13 is amended by adding at the end the following new sub14 section:

15 ‘‘(e) Funds made available for the purposes of this

16 Act may not be used to pay for abortions.’’.

17 CHAPTER 7—INTERNATIONAL DISASTER

18 ASSISTANCE

19 SEC. 3271. AUTHORITY TO PROVIDE RECONSTRUCTION AS20 SISTANCE.

21 Section 491 of the Foreign Assistance Act of 1961

22 (22 U.S.C. 2292) is amended—

23 (1) in subsection (b), by striking ‘‘and rehabili24 tation’’ and inserting ‘‘, rehabilitation, and recon25 struction’’; and
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1 (2) in subsection (c), by striking ‘‘and rehabili2 tation’’ and inserting ‘‘, rehabilitation, and recon3 struction’’.

4 SEC. 3272. AUTHORIZATIONS OF APPROPRIATIONS.

5 Section 492(a) of such Act (22 U.S.C. 2292a(a)) is

6 amended to read as follows:

7 ‘‘(a) There are authorized to be appropriated to the

8 President to carry out section 491, in addition to funds

9 otherwise available for such purposes, $200,000,000 for

10 each of the fiscal years 1996 and 1997.’’.

11 CHAPTER 8—OVERSEAS PRIVATE

12 INVESTMENT CORPORATION

13 SEC. 3275. STUDY ON OPIC PRIVATIZATION.

14 The President or his designee shall conduct and, not

15 later than 180 days after the date of the enactment of

16 this Act, report to the Congress on the feasibility of trans17 ferring the activities of the Overseas Private Investment

18 Corporation to the private sector.

19 SEC. 3276. PRIVATIZATION OF OPIC ACTIVITIES.

20 Upon completion of the report required under section

21 3275, the President is authorized to sell the stock of the

22 Overseas Private Investment Corporation and to take

23 other necessary steps so that all the evidences of owner24 ship of the Corporation are transferred to the private sec-
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1 tor, whether through the sale of the Corporation’s con2 tracts, leases, or other agreements or rights, or otherwise.

3 CHAPTER 9—OTHER PROVISIONS

4 SEC. 3281. EXEMPTION FROM RESTRICTIONS ON ASSIST5 ANCE THROUGH NONGOVERNMENTAL ORGA6 NIZATIONS.

7 Section 123(e) of the Foreign Assistance Act of 1961

8 (22 U.S.C. 2151u(e)) is amended to read as follows:

9 ‘‘(e)(1) Subject to paragraph (3), restrictions con10 tained in this Act or any other provision of law with re11 spect to assistance for a country shall not be construed

12 to restrict assistance under this chapter, chapter 10, or

13 chapter 11 of this part in support of programs of non14 governmental organizations.

15 ‘‘(2) The President shall take into consideration, in

16 any case in which a restriction on assistance for a country

17 would be applicable but for this subsection, whether assist18 ance for programs of nongovernmental organizations is in

19 the national interest of the United States.

20 ‘‘(3) Whenever the authority of this subsection is

21 used to furnish assistance for a program of a nongovern22 mental organization, the President shall notify the con23 gressional committees specified in section 634A(a) of this

24 Act in accordance with procedures applicable to

25 reprogramming notifications under that section. Such no-
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1 tification shall describe the program assisted, the assist2 ance provided, and the reasons for furnishing such assist3 ance.’’.

4 SEC. 3282. FUNDING REQUIREMENTS RELATING TO UNITED

5 STATES PRIVATE AND VOLUNTARY ORGANI6 ZATIONS.

7 (a) IN GENERAL.—Section 123(g) of the Foreign As8 sistance Act of 1961 (22 U.S.C. 2151u(g)) is amended

9 to read as follows:

10 ‘‘(g) Funds made available to carry out this chapter

11 or chapter 10 of this part may not be made available to

12 any United States private and voluntary organization, ex13 cept any cooperative development organization, that ob14 tains less than 20 percent of its total annual financial sup15 port for its international activities from sources other than

16 the United States Government.’’.

17 (b) EFFECTIVE DATE.—The amendment made by

18 subsection (a) applies with respect to funds made available

19 for programs of any United States private and voluntary

20 organization on or after the date of the enactment of this

21 Act.

22 SEC. 3283. DOCUMENTATION REQUESTED OF PRIVATE AND

23 VOLUNTARY ORGANIZATIONS.

24 Section 620 of the Foreign Assistance Act of 1961

25 (22 U.S.C. 2370), as amended by this Act, is further
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1 amended by inserting after subsection (v) (as added by

2 this Act) the following new subsection:

3 ‘‘(w) None of the funds made available to carry out

4 this Act shall be available to any private and voluntary

5 organization which—

6 ‘‘(1) fails to provide upon timely request any

7 document, file, or record necessary to the auditing

8 requirements of the agency primarily responsible for

9 administering part I of this Act; or

10 ‘‘(2) is not registered with the agency primarily

11 responsible for administering part I of this Act.’’.

12 SEC. 3284. FOREIGN GOVERNMENT PARKING FINES.

13 (a) IN GENERAL.—Chapter 1 of part III of the For14 eign Assistance Act of 1961 (22 U.S.C. 2351 et seq.), as

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

16 end the following new section:

17 ‘‘SEC. 620I. FOREIGN GOVERNMENT PARKING FINES.

18 ‘‘(a) IN GENERAL.—An amount equivalent to 110

19 percent of the total unpaid fully adjudicated parking fines

20 and penalties owed to the District of Columbia, Virginia,

21 Maryland, and New York by the government of a foreign

22 country as of the end of a fiscal year, as certified to the

23 President by the chief executive officer of each State or

24 District, shall be withheld from obligation for such country

25 out of funds available in the next fiscal year to carry out
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1 part I of this Act, until the requirement of subsection (b)

2 is satisfied.

3 ‘‘(b) REQUIREMENT.—The requirement of this sub4 section is satisfied when the Secretary of State determines

5 and certifies to the appropriate congressional committees

6 that such fines and penalties are fully paid to the govern7 ments of the District of Columbia, Virginia, Maryland,

8 and New York.

9 ‘‘(c) APPROPRIATE CONGRESSIONAL COMMITTEES

10 DEFINED.—For purposes of this section, the term ‘appro11 priate congressional committees’ means the Committee on

12 International Relations and the Committee on Appropria13 tions of the House of Representatives and the Committee

14 on Foreign Relations and the Committee on Appropria15 tions of the Senate.’’.

16 (b) EFFECTIVE DATE.—The amendment made by

17 subsection (a) shall apply with respect to fines certified

18 as of the end of fiscal year 1995 or any fiscal year there19 after.

20 SEC. 3285. HUMAN RIGHTS REPORTS.

21 (a) SECTION 116 REPORT.—Section 116(d) of the

22 Foreign Assistance Act of 1961 (22 U.S.C. 2151n) is

23 amended—

24 (1) in paragraph (2), by striking ‘‘and’’ at the

25 end;
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1 (2) by redesignating paragraph (3) as para2 graph (5); and

3 (3) by inserting after paragraph (2) the follow4 ing new paragraphs:

5 ‘‘(3) the votes of each member of the United

6 Nations Commission on Human Rights on all coun7 try-specific and thematic resolutions voted on at the

8 Commission’s annual session during the period cov9 ered during the preceding year;

10 ‘‘(4) the extent to which each country has ex11 tended protection to refugees, including the provision

12 of first asylum and resettlement; and’’.

13 (b) SECTION 502B REPORT.—Section 502B(b) of

14 such Act (22 U.S.C. 2304(b)) is amended by adding after

15 the second sentence the following new sentence: ‘‘Each re16 port under this section shall list the votes of each member

17 of the United Nations Commission on Human Rights on

18 all country-specific and thematic resolutions voted on at

19 the Commission’s annual session during the period covered

20 during the preceding year.’’.

21 SEC. 3286. DEOBLIGATION OF CERTAIN UNEXPENDED ECO22 NOMIC ASSISTANCE FUNDS.

23 Chapter 3 of part III of the Foreign Assistance Act

24 of 1961 (22 U.S.C. 2401 et seq.) is amended by adding

25 at the end the following:
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1 ‘‘SEC. 668. DEOBLIGATION OF CERTAIN UNEXPENDED ECO2 NOMIC ASSISTANCE FUNDS.

3 ‘‘(a) REQUIREMENT TO DEOBLIGATE.—

4 ‘‘(1) IN GENERAL.—Except as provided in sub5 section (b) of this section and in paragraphs (1) and

6 (3) of section 617(a) of this Act, at the beginning

7 of each fiscal year the President shall deobligate and

8 return to the Treasury, any funds described in para9 graph (2) that, as of the end of the preceding fiscal

10 year, have been obligated for a project or activity for

11 a period of more than 3 years but have not been ex12 pended.

13 ‘‘(2) FUNDS.—Paragraph (1) applies to funds

14 made available for—

15 ‘‘(A) assistance under chapter 1 of part I

16 of this Act (relating to development assistance),

17 chapter 10 of part I of this Act (relating to the

18 Development Fund for Africa), or chapter 4 of

19 part II of this Act (relating to the economic

20 support fund);

21 ‘‘(B) assistance under the ‘Multilateral As22 sistance Initiative for the Philippines’;

23 ‘‘(C) assistance under the Support for

24 East European Democracy (SEED) Act of

25 1989; and
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1 ‘‘(D) economic assistance for the independ2 ent states of the former Soviet Union under

3 this Act or under any other Act authorizing

4 economic assistance for such independent

5 states.

6 ‘‘(b) EXCEPTIONS.—The President, on a case-by-case

7 basis, may waive the requirement of subsection (a)(1) if

8 the President determines, and reports to the appropriate

9 congressional committees, that—

10 ‘‘(1) the funds are being used for a construction

11 project that requires more than 3 years to complete;

12 or

13 ‘‘(2) the funds have not been expended because

14 of unforeseen circumstances, and those cir15 cumstances could not have been reasonably foreseen.

16 ‘‘(c) COMMENTS BY INSPECTOR GENERAL.—As soon

17 as possible after the submission of a report pursuant to

18 subsection (b), the Inspector General of the agency pri19 marily responsible for administering part I of this Act

20 shall submit to the appropriate congressional committees

21 such comments as the Inspector General considers appro22 priate with regard to the determination described in that

23 report.

24 ‘‘(d) APPROPRIATE CONGRESSIONAL COMMITTEES.—

25 As used in this section, the term ‘appropriate congres-
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1 sional committees’ means the Committee on International

2 Relations and the Committee on Appropriations of the

3 House of Representatives and the Committee on Foreign

4 Relations and the Committee on Appropriations of the

5 Senate.’’.

6 TITLE XXXIII—REGIONAL

7 PROVISIONS

8 SEC. 3301. PROHIBITION ON ASSISTANCE TO FOREIGN GOV9 ERNMENTS PROVIDING ASSISTANCE TO

10 CUBA.

11 (a) IN GENERAL.—Section 620 of the Foreign Assist12 ance Act of 1961 (22 U.S.C. 2370), as amended by this

13 Act, is further amended by adding at the end the following

14 new subsection:

15 ‘‘(y)(1) No assistance may be provided under this Act

16 (other than humanitarian assistance and assistance for

17 refugees) for a fiscal year to any foreign government that

18 the President determines has provided economic assistance

19 to or engaged in nonmarket-based trade with the Govern20 ment of Cuba or any entity controlled by such Government

21 in the preceding fiscal year.

22 ‘‘(2) The President may waive the requirements of

23 paragraph (1) if—

24 ‘‘(A) the President certifies to the congressional

25 committees specified in section 634A of this Act (in
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1 accordance with procedures applicable to

2 reprogramming of funds under that section) that the

3 provision of such assistance is vital to the national

4 security of the United States; or

5 ‘‘(B) the President determines and reports to

6 the Congress that the Government of Cuba has met

7 the requirements contained in section 1708 of the

8 Cuban Democracy Act of 1992 (22 U.S.C. 6001 et

9 seq.).

10 ‘‘(3) Not later than February 1st each year, the

11 President shall prepare and transmit to the appropriate

12 congressional committees a report containing a list of all

13 foreign governments that the President has determined

14 have provided economic assistance to or engaged in

15 nonmarket-based trade with the Government of Cuba in

16 the preceding fiscal year.

17 ‘‘(4) For purposes of this subsection—

18 ‘‘(A) the term ‘appropriate congressional com19 mittees’ means the Committee on International Re20 lations and the Committee on Appropriations of the

21 House of Representatives and the Committee on

22 Foreign Relations and the Committee on Appropria23 tions of the Senate;
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1 ‘‘(B) the term ‘humanitarian assistance’ means

2 food (including the monetization of food), clothing,

3 medicine, and medical supplies; and

4 ‘‘(C) the term ‘nonmarket-based trade’ includes

5 exports, imports, exchanges, or other trade arrange6 ments under which goods or services are provided on

7 terms more favorable than those generally available

8 in applicable markets or for comparable commod9 ities, including—

10 ‘‘(i) exports to the Government of Cuba on

11 terms that involve a grant, concessional price,

12 guaranty, insurance, or subsidy;

13 ‘‘(ii) imports from the Government of Cuba

14 at preferential tariff rates; and

15 ‘‘(iii) exchange arrangements that include

16 advance delivery of commodities, arrangements

17 in which the Government of Cuba is not held

18 accountable for unfulfilled exchange contracts,

19 and arrangements under which such Govern20 ment does not pay appropriate transportation,

21 insurance, or finance costs.’’.

22 (b) EFFECTIVE DATE.—

23 (1) IN GENERAL.—Except as provided in para24 graph (2), the prohibition on assistance to a foreign

25 government contained in section 620(y) of the For-
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1 eign Assistance Act of 1961, as added by subsection

2 (a), shall apply only with respect to assistance pro3 vided in fiscal years beginning on or after the date

4 of the enactment of this Act.

5 (2) EXCEPTION.—In the case of the fiscal year

6 in which this Act is enacted, such prohibition shall

7 apply with respect to the obligation or expenditure

8 of assistance on or after the date of the enactment

9 of this Act.

10 SEC. 3302. ASSISTANCE FOR NICARAGUA.

11 (a) RESTRICTIONS.—Amounts made available for fis12 cal years 1996 and 1997 for assistance under chapter 1

13 of part I of the Foreign Assistance Act of 1961 (22 U.S.C.

14 2151 et seq.; relating to development assistance) or chap15 ter 4 of part II of such Act (22 U.S.C. 2346 et seq.; relat16 ing to the economic support fund), including any unobli17 gated balances of prior appropriations, may only be made

18 available to the Government of Nicaragua if the Secretary

19 of State determines and certifies to the appropriate con20 gressional committees that—

21 (1) a full and independent investigation has

22 been completed of the weapons caches discovered

23 after the May 23, 1993, Santa Rosa arms cache ex24 plosion, including an investigation of passports, iden25 tity papers, and other documents found at weapons
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1 sites indicating the existence of a terrorist or kid2 napping ring and whether the terrorist network was

3 involved in the February 1993 World Trade Center

4 bombing;

5 (2) prosecutions have been initiated against all

6 individuals, including government officials and mem7 bers of the armed forces or security forces of Nica8 ragua, identified in the investigation described in

9 paragraph (1);

10 (3) Nicaragua has made substantial progress in

11 meeting the requirements set forth in section 527 of

12 the Foreign Relations Authorization Act, Fiscal

13 Years 1994 and 1995 (relating to expropriation of

14 United States property);

15 (4) substantial progress has been made in the

16 timely implementation of all recommendations made

17 by the Tripartite Commission with respect to indi18 viduals responsible for assassinations, including the

19 immediate suspension of all individuals from the

20 Sandinista Army and security forces who were

21 named in such recommendations, and the expedi22 tious prosecution of such individuals;

23 (5) all individuals responsible for the murders

24 of Jean Paul Genie, Arges Sequeira, and Enrique

25 Bermudez have been removed from the military and
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1 security forces of Nicaragua, and judicial proceed2 ings against these individuals have been initiated;

3 (6) specific changes have been implemented

4 which have resulted in verifiable civilian control over

5 the Sandinista military, security forces, and police;

6 and

7 (7) genuine, effective, and concrete reforms in

8 the Nicaraguan judicial system have been initiated.

9 (b) CONTENTS OF CERTIFICATION.—

10 (1) IN GENERAL.—A certification made pursu11 ant to subsection (a) shall include a detailed ac12 counting of all evidence in support of the determina13 tions listed in paragraphs (1) through (7) of such

14 subsection.

15 (2) FORM.—A certification made pursuant to

16 subsection (a) shall be submitted in unclassified

17 form, and, to the extent necessary, classified form.

18 (c) EXCEPTION TO RESTRICTIONS.—The restrictions

19 on the availability of funds in subsection (a) shall not

20 apply to support for—

21 (1) programs facilitating the resolution of

22 United States citizen property claims;

23 (2) the International Commission for Support

24 and Verification of the Organization of American
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1 States for human rights monitoring, related assist2 ance programs or election observation;

3 (3) independent human rights groups in Nica4 ragua;

5 (4) programs intended to ensure free and fair

6 elections in Nicaragua;

7 (5) democracy-building programs administered

8 through the National Endowment for Democracy

9 and related nongovernmental groups; or

10 (6) programs to promote civilian control of the

11 military.

12 (d) APPROPRIATE CONGRESSIONAL COMMITTEES

13 DEFINED.—For purposes of this section, the term ‘‘appro14 priate congressional committees’’ means the Committee on

15 International Relations and the Committee on Appropria16 tions of the House of Representatives and the Committee

17 on Foreign Relations and the Committee on Appropria18 tions of the Senate.

19 SEC. 3303. SENSE OF THE CONGRESS REGARDING RELA20 TIONS WITH BURMA.

21 It is the sense of the Congress that—

22 (1) official United States trade delegations to

23 Burma should be indefinitely suspended;
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1 (2) visits to Burma by senior officials of the

2 United States Government should be minimized until

3 Aung San Suu Kyi is released from house arrest;

4 (3) the Secretary of Labor should submit to the

5 Congress a report on labor practices in Burma so

6 that Members of Congress can better inform con7 stituents, including stockholders and business lead8 ers of the United States companies which transact

9 commerce with Burma, on labor conditions in that

10 country;

11 (4) the Secretary of State should submit to the

12 Congress a report on resource exploitation and envi13 ronmental degradation in Burma;

14 (5) no assistance should be used for cooperative

15 counternarcotics efforts between the United States

16 and members of the State Law and Order Restora17 tion Committee (SLORC) regime;

18 (6) the United States should discourage the As19 sociation of Southeast Asian Nations (ASEAN) from

20 including the SLORC regime in ASEAN activities;

21 (7) the Secretary of State should submit to the

22 Congress a report which outlines a strategy for en23 couraging democratic transition in Burma; and
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1 (8) the United States should encourage its al2 lies to restrict the relations of such allies with

3 Burma in accordance with this section.

4 SEC. 3304. DEBT RESTRUCTURING FOR EGYPT.

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

6 findings:

7 (1) The Government of Egypt owes the United

8 States Government over $6,000,000,000 from prior

9 economic assistance credit programs.

10 (2) Current annual debt service payments by

11 Egypt to the United States are approximately

12 $270,000,000, will climb in the near future to

13 $350,000,000, and will continue until the year 2021.

14 (3) Egypt’s debt service to the United States

15 results in reduced investment capital and slower eco16 nomic growth in Egypt.

17 (4) Restructuring Egypt’s debt burden, and

18 buying down Egypt’s debt, could substantially re19 duce over time Egypt’s requirement for economic as20 sistance.

21 (5) Addressing Egypt’s debt burden is in the

22 mutual interest of Egypt and the United States.

23 (b) REPORT.—(1) Not later than January 31, 1996,

24 the Secretary of State and the Secretary of the Treasury

25 shall develop and submit to the appropriate congressional
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1 committee options to restructure Egypt’s debt, and buy

2 down, over a period of time through the use of funds au3 thorized to be appropriated under chapter 4 of part II of

4 the Foreign Assistance Act of 1961 (22 U.S.C. 2346 et

5 seq.; relating to the economic support fund), all outstand6 ing debt owed by the Government of Egypt to the United

7 States Government, including debt owed under develop8 ment assistance, agriculture, Export-Import Bank, and

9 Commodity Credit Corporation credit programs.

10 (2) The Secretary of State and the Secretary of the

11 Treasury shall develop the options required by paragraph

12 (1) in such a way as to enable the United States to reduce

13 assistance to Egypt in the future under chapter 4 of part

14 II of the Foreign Assistance Act of 1961 (22 U.S.C. 2346

15 et seq.; relating to the economic support fund). In the de16 velopment of such options, the Secretaries shall consult

17 with the Secretary of Commerce for the purpose of deter18 mining the impact of the options required under para19 graph (1) on the level of United States exports to Egypt.

20 (3) For purposes of this subsection, the term ‘‘appro21 priate congressional committees’’ means the Committee on

22 International Relations and the Committee on Appropria23 tions of the House of Representatives and the Committee

24 on Foreign Relations and the Committee on Appropria25 tions of the Senate.
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1 SEC. 3305. PROHIBITION ON ASSISTANCE TO FOREIGN GOV2 ERNMENTS PROVIDING ASSISTANCE TO IRAN.

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

4 findings:

5 (1) Iran is engaged in an intensive effort to de6 velop nuclear weapons and some nations have indi7 cated that they are prepared to cooperate with Iran

8 in the nuclear field.

9 (2) The possession of nuclear weapons by Iran

10 would represent a serious threat to the peace and se11 curity of the entire Middle East region and an ex12 tremely serious challenge to United States interests

13 in that region.

14 (3) The United States places the highest prior15 ity on denying to Iran the capability to produce nu16 clear weapons and systems for the delivery of nu17 clear weapons and other weapons of mass destruc18 tion.

19 (4) The sale or transfer to Iran by any other

20 government or with the permission of any other gov21 ernment of technology that may be critical for Iran

22 to develop or deploy nuclear weapons is a serious

23 threat to United States interests.

24 (b) ADMISSION TO NATO.—It is the sense of the

25 Congress that the United States should vigorously oppose

26 the accession to the North Atlantic Treaty and the admis-
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1 sion to the North Atlantic Treaty Organization of any

2 country which sells or licenses for sale any nuclear or dual3 use technology or any military weapons, equipment, am4 munition or munitions of any kind, including any item in5 cluded on any lists covered by the Missile Technology Con6 trol Regime, to Iran or to any country which the Secretary

7 of State has determined repeatedly provides support for

8 acts of international terrorism pursuant to section 6(j) of

9 the Export Administration Act of 1979.

10 (c) PROHIBITION ON UNITED STATES ASSIST11 ANCE.—No assistance authorized to be appropriated by

12 this Act or any other Act may be provided by any agency

13 of the United States Government to the government of

14 any country which sells or licenses for sale any nuclear

15 or dual-use technology or any military weapons, equip16 ment, ammunition or munitions of any kind, including any

17 item included on any lists covered by the Missile Tech18 nology Control Regime, to Iran or to any other country

19 which the Secretary of State has determined repeatedly

20 provides support for acts of international terrorism pursu21 ant to section 6(j) of the Export Administration Act of

22 1979.

23 (d) EXCEPTIONS.—The prohibition in subsection (c)

24 shall not apply to—
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1 (1) assistance provided to Russia, Belarus,

2 Ukraine, or Kazakhstan under the authorities of the

3 Soviet Nuclear Threat Reduction Act of 1991 (title

4 II of Public Law 102–228; 105 Stat. 1691); and

5 (2) assistance provided under chapter 11 of

6 part I of the Foreign Assistance Act of 1961 (22

7 U.S.C. 2295 et seq.; relating to assistance for the

8 independent states of the former Soviet Union) for

9 the purposes of—

10 (A) humanitarian, disaster, or refugee re11 lief; or

12 (B) assisting democratic political reform

13 and rule of law activities, and assisting in the

14 creation of private sector and nongovernmental

15 organizations that are independent of govern16 ment ownership and control.

17 SEC. 3306. ASSISTANCE FOR PAKISTAN.

18 Section 620E(e) of the Foreign Assistance Act of

19 1961 (22 U.S.C. 2375(e)) is amended—

20 (1) by striking ‘‘No assistance shall’’ and in21 serting ‘‘(1) Except as provided in paragraph (2), no

22 assistance shall’’; and

23 (2) by adding at the end the following new

24 paragraph:
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1 ‘‘(2)(A) Assistance in support of nongovernmental or2 ganizations or microenterprises under chapter 1 of part

3 I of this Act (relating to development assistance) and as4 sistance under the provisions of law described in subpara5 graph (B) may be made available for Pakistan.

6 ‘‘(B) The provisions of law described in this subpara7 graph are the following:

8 ‘‘(i) Title IV of chapter 2 of part I of this Act

9 (relating to the Overseas Private Investment Cor10 poration).

11 ‘‘(ii) Chapter 8 of part I of this Act (relating

12 to international narcotics control).

13 ‘‘(iii) Chapter 5 of part II of this Act (relating

14 to international military education and training).

15 ‘‘(iv) Chapter 8 of part II of this Act (relating

16 to antiterrorism assistance).

17 ‘‘(v) Any provision of law under which assist18 ance is available to carry out the following activities:

19 ‘‘(I) Aviation safety.

20 ‘‘(II) Immigration and customs procedures.

21 ‘‘(III) Peacekeeping.

22 ‘‘(IV) Promotion of trade and investment

23 interests of the United States.

24 ‘‘(C) Assistance described in subparagraph (B)(iii)

25 may be made available for Pakistan under this paragraph
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1 for fiscal year 1997 and each subsequent fiscal year only

2 if the President certifies to the Congress for such fiscal

3 year that the Government of Pakistan is fully cooperating

4 with United States counter-narcotics assistance programs

5 and policies.’’.

6 SEC. 3307. RETURN OF MILITARY EQUIPMENT OF PAKI7 STAN.

8 It is the sense of the Congress that—

9 (1) the inability of the President since October

10 1, 1990, to make the necessary certification under

11 section 620E(e) of the Foreign Assistance Act of

12 1961 (relating to the nuclear activities of Pakistan)

13 has prevented the delivery of military aircraft for

14 which Pakistan made nonrefundable cash payments

15 to contractors and unnecessarily complicated the

16 achievement of United States foreign policy and non17 proliferation objectives in South Asia;

18 (2) in the absence of a Presidential certification

19 for Pakistan under section 620E(e) of such Act, the

20 United States should make a determined effort to

21 find a third party buyer for the such military air22 craft and should reimburse Pakistan with any pro23 ceeds derived from a sale to such third party, up to

24 the amount paid by Pakistan for such military air25 craft; and
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1 (3) with respect to other military equipment im2 ported into the United States from Pakistan prior to

3 May 1, 1991, for repair or modification by the De4 partment of Defense, the return of such military

5 equipment, including spare parts thereof, or equiva6 lent equipment or spare parts originally owned by

7 another country, does not constitute a transfer of

8 military equipment under the terms of section

9 620E(e) of such Act, provided such military equip10 ment or spare parts are returned in an unrepaired

11 state or without modifications for which they were

12 originally imported into the United States.

13 SEC. 3308. ELIGIBILITY OF PANAMA UNDER ARMS EXPORT

14 CONTROL ACT.

15 The Government of the Republic of Panama shall be

16 eligible to purchase defense articles and defense services

17 under the Arms Export Control Act (22 U.S.C. 2751 et

18 seq.), except as otherwise specifically provided by law.

19 SEC. 3309. FUTURE OF THE UNITED STATES MILITARY

20 PRESENCE IN PANAMA.

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

22 findings:

23 (1) The Panama Canal is a vital strategic asset

24 to the United States, its allies, and the world.
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1 (2) The Treaty on the Permanent Neutrality

2 and Operation of the Panama Canal signed on Sep3 tember 7, 1977, provides that Panama and the

4 United States have the responsibility to assure that

5 the Panama Canal will remain open and secure.

6 (3) Such Treaty also provides that each of the

7 two countries shall, in accordance with their respec8 tive constitutional processes, defend the Canal

9 against any threat to the regime of neutrality, and

10 consequently shall have the right to act against any

11 aggression or threat directed against the Canal or

12 against the peaceful transit of vessels through the

13 Canal.

14 (4) The United States instrument of ratifica15 tion of such Treaty includes specific language that

16 the two countries should consider negotiating future

17 arrangements or agreements to maintain military

18 forces necessary to fulfill the responsibility of the

19 two countries of maintaining the neutrality of the

20 Canal after 1999.

21 (5) The Government of Panama, in the bilateral

22 Protocol of Exchange of instruments of ratification,

23 expressly ‘‘agreed upon’’ such arrangements or

24 agreements.
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1 (6) The United States Navy depends upon the

2 Panama Canal for rapid transit in times of emer3 gency, as demonstrated during World War II, the

4 Korean War, the Vietnam conflict, the Cuban Mis5 sile Crisis, and the Persian Gulf conflict.

6 (7) Drug trafficking and money laundering

7 have proliferated in the Western Hemisphere since

8 the Treaty on the Permanent Neutrality and Oper9 ation of the Panama Canal was signed on September

10 7, 1977, and such trafficking and laundering poses

11 a grave threat to peace and security in the region.

12 (8) Certain facilities now utilized by the United

13 States Armed Forces in Panama are critical to com14 bat the trade in illegal drugs.

15 (9) The United States and Panama share com16 mon policy goals such as strengthening democracy,

17 expanding economic trade, and combating illegal

18 narcotics throughout Latin America.

19 (10) The Government of Panama has dissolved

20 its military forces and has maintained only a civilian

21 police organization to defend the Panama Canal

22 against aggression.

23 (11) Certain public opinion polls in Panama

24 suggest that many Panamanians desire a continued

25 United States military presence in Panama.
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1 (b) SENSE OF THE CONGRESS.—It is the sense of

2 the Congress that—

3 (1) the President should negotiate an agree4 ment with the Government of Panama—

5 (A) to allow the stationing of United

6 States Armed Forces in Panama beyond De7 cember 31, 1999; and

8 (B) to ensure that the United States will

9 be able to act after December 31, 1999, to

10 maintain the security of the Panama Canal and

11 guarantee its regular operation, consistent with

12 the Panama Canal Treaty, the Treaty concern13 ing the Permanent Neutrality and Operation of

14 the Panama Canal, and the resolutions of ratifi15 cation thereto; and

16 (2) the President should consult with the Con17 gress throughout the negotiations described in para18 graph (1).

19 SEC. 3310. PEACE AND STABILITY IN THE SOUTH CHINA

20 SEA.

21 (a) FINDINGS.—The Congress finds the following:

22 (1) The South China Sea is a critically impor23 tant waterway through which 25 percent of the

24 world’s ocean freight and 70 percent of Japan’s en25 ergy supplies transit.
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1 (2) The South China Sea serves as a crucial sea

2 lane for United States Navy ships moving between

3 the Pacific and Indian Oceans, particularly in time

4 of emergency.

5 (3) There are a number of competing claims to

6 territory in the South China Sea.

7 (4) The 1992 Manila Declaration adhered to by

8 the Association of South East Asian Nations, the

9 Socialist Republic of Vietnam, and the People’s Re10 public of China calls for all claimants to territory in

11 the South China Sea to resolve questions of bound12 aries through peaceful negotiations.

13 (5) The legislature of the People’s Republic of

14 China has declared the entire South China Sea to be

15 Chinese territorial waters.

16 (6) The armed forces of the People’s Republic

17 of China have asserted China’s claim to the South

18 China Sea through the kidnapping of citizens of the

19 Republic of the Philippines and the construction of

20 military bases on territory claimed by the Phil21 ippines.

22 (7) These acts of aggression committed by the

23 armed forces of the People’s Republic of China

24 against citizens of the Philippines are contrary to
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1 both international law and to peace and stability in

2 East Asia.

3 (b) POLICY DECLARATIONS.—The Congress—

4 (1) declares the right of free passage through

5 the South China Sea to be vital to the national secu6 rity interests of the United States, its friends, and

7 allies;

8 (2) declares that any attempt by a

9 nondemocratic power to assert, through the use of

10 force or intimidation, its claims to territory in the

11 South China Sea to be a matter of grave concern to

12 the United States;

13 (3) calls upon the Government of the People’s

14 Republic of China to adhere faithfully to its commit15 ment under the Manila Declaration of 1992; and

16 (4) calls upon the President to review the de17 fense needs of democratic countries with claims to

18 territory in the South China Sea.

19 SEC. 3311. SENSE OF THE CONGRESS REGARDING NARCOT20 ICS CONTROL EFFORTS OF COLOMBIA.

21 It is the sense of the Congress that—

22 (1) relations between the United States and Co23 lombia are at a critical stage, particularly following

24 the President’s March 1, 1995, decision to grant the
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1 Government of Colombia a national interest waiver

2 in the 1994 narcotics certification determination;

3 (2) the Government of Colombia has under4 taken efforts toward the elimination of drug traffick5 ing organizations, especially the powerful ‘‘kingpins’’

6 based in Cali;

7 (3) important advances need to be taken to dis8 mantle the operations of criminal enterprises in Co9 lombia which seek to corrupt government institu10 tions;

11 (4) the Government of Colombia should be en12 couraged to complete specific, attainable objectives

13 in its overall narcotics control strategy, including—

14 (A) the arrest and prosecution of the ac15 knowledged leaders of the Cali drug organiza16 tion;

17 (B) the imposition of tougher sentencing of

18 drug traffickers to ensure that such traffickers

19 serve sentences commensurate with their

20 crimes;

21 (C) the expeditious passage of legislation

22 to criminalize money laundering;

23 (D) the aggressive eradication of illicit

24 crops, including coca opium, and marijuana;
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1 (E) the elimination of the industrial infra2 structure of the narcotics trade, including lab3 oratories, precursor chemicals, and aircraft;

4 (F) the destruction of the internal narcot5 ics distribution export system, including the use

6 of airports, rivers, and ports for such system;

7 (G) the elimination of the island of San

8 Andres as a illegal narcotics transshipment

9 point; and

10 (H) the end of the current policy of the

11 Government of Colombia under which key drug

12 traffickers are given lenient sentences in return

13 for their surrender;

14 (5) the Secretary of State should make the

15 issue of illicit narcotics the highest foreign policy

16 priority of the United States with respect to rela17 tions with key illicit drug transit and producing na18 tions, such as Colombia; and

19 (6) the Secretary of State should request our

20 European allies to join the United States in sending

21 a clear message to Colombia on the importance of

22 attaining these counternarcotics goals and objectives

23 in the shortest possible time so that reductions in

24 United States foreign assistance will not be nec25 essary in the future.
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1 SEC. 3312. NOTIFICATION OF ARMS SALES TO SAUDI

2 ARABIA.

3 (a) NOTIFICATION.—Until the certification under

4 subsection (b) is submitted to the Congress, section

5 36(b)(1) of the Arms Export Control Act shall be applied

6 to sales of Saudi Arabia by substituting in the first sen7 tence ‘‘0’’ for $50,000,000, ‘‘0’’ for $200,000,000, and

8 ‘‘0’’ for $14,000,000.

9 (b) CERTIFICATION.—Subsection (a) shall cease to

10 apply if and when the Secretary of State certifies and re11 ports in writing to the Congress that the unpaid claims

12 of American firms against the Government of Saudi Ara13 bia that are described in the June 30, 1993, report by

14 the Secretary of Defense pursuant to section 9140(c) of

15 the Department of Defense Appropriations Act, 1993

16 (Public Law 102–396; 106 Stat. 1939), including the ad17 ditional claims noticed by the Department of Commerce

18 on page 2 of that report, have been resolved satisfactorily.

19 SEC. 3313. ASSISTANCE FOR ZAIRE.

20 (a) SECURITY ASSISTANCE.—Assistance may not be

21 transferred to the Government of Zaire for each of the

22 fiscal years 1996 and 1997—

23 (1) under chapter 4 of part II of the Foreign

24 Assistance Act of 1961 (22 U.S.C. 2346 et seq.; re25 lating to the economic support fund);
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1 (2) under chapter 5 of part II of that Act (22

2 U.S.C. 2347 et seq.; relating to international mili3 tary education and training); or

4 (3) from the ‘‘Foreign Military Financing Pro5 gram’’ account under section 23 of the Arms Export

6 Control Act (22 U.S.C. 2763).

7 (b) DEVELOPMENT ASSISTANCE.—Assistance under

8 chapter 1 of part I of the Foreign Assistance Act of 1961

9 (22 U.S.C. 2151 et seq.; relating to development assist10 ance) or chapter 10 of such part (22 U.S.C. 2293 et seq.;

11 relating to the Development Fund for Africa) for each of

12 the fiscal years 1996 and 1997 shall not be transferred

13 to the Government of Zaire.

14 SEC. 3314. ASSISTANCE FOR LAOS.

15 (a) SENSE OF CONGRESS.—It is the sense of Con16 gress that—

17 (1) a permanent waiver on the prohibition of

18 foreign assistance for Laos should be granted follow19 ing the fullest possible accounting of all outstanding

20 POW/MIA cases involving Laos;

21 (2) the United States should continue to im22 prove its relationship with Laos as the mutual co23 operation between the two countries on POW/MIA

24 issues improves;
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1 (3) no Lao citizen or government official should

2 be held accountable by the United States for activi3 ties involved in holding American POW/MIAs if

4 those citizens or officials cooperate with efforts to

5 return such POW/MIAs alive or to otherwise ac6 count for such POW/MIAs;

7 (4) the future relationship of the United States

8 with Laos should be characterized by economic co9 operation and friendly diplomatic ties;

10 (5) such bilateral relationship will improve as

11 respect for human rights in Laos improves, includ12 ing human rights for Hmong people; and

13 (6) in the event an American POW/MIA is re14 turned alive from Laos, the United States should

15 view this action as a positive development and as

16 strong incentive for the United States to rapidly im17 prove our economic and diplomatic relationship with

18 Laos.

19 (b) LIMITATION.—Notwithstanding section 620 of

20 the Foreign Assistance Act of 1961, foreign assistance

21 may be provided for Laos for fiscal years 1996 and 1997

22 only if the President determines and certifies to the Con23 gress that the Government of Laos is cooperating with the

24 United States on outstanding POW/MIA cases involving

25 Laos.
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1 SEC. 3315. RESTRICTIONS ON ASSISTANCE FOR GUATE2 MALA.

3 (a) RESTRICTION.—None of the funds authorized to

4 be appropriated for grant assistance under section 23 of

5 the Arms Export Control Act (22 U.S.C. 2763; relating

6 to foreign military financing) or for assistance under chap7 ter 5 of part II of the Foreign Assistance Act of 1961

8 (22 U.S.C. 2347 et seq.; relating to international military

9 education and training) may be made available to the Gov10 ernment of Guatemala unless the Secretary of State deter11 mines and certifies to the appropriate congressional com12 mittees that—

13 (1) substantial progress has been made in the

14 prosecution of all those responsible for the human

15 rights abuses against Michael DeVine, Nicholas

16 Blake, Griffin Davis, Dianna Ortiz, Myrna Mack,

17 and Efrain Bamaca Velasquez;

18 (2) former Guatemalan Lieutenant Colonel Car19 los Rene Ochoa Ruiz, who is under indictment in the

20 State of Florida for narcotics trafficking, has been

21 extradited to the United States; and

22 (3) substantial progress has been made in the

23 dismantling of the Voluntary Civil Self-Defense

24 Committees, curbing their patrols, and returning

25 their weapons to the Guatemalan military.
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1 (b) APPROPRIATE CONGRESSIONAL COMMITTEES

2 DEFINED.—For purposes of this section, the term ‘‘appro3 priate congressional committees’’ means the Committee on

4 International Relations and the Committee on Appropria5 tions of the House of Representatives and the Committee

6 on Foreign Relations and the Committee on Appropria7 tions of the Senate.

8 SEC. 3316. PROHIBITION ON ECONOMIC ASSISTANCE, MILI9 TARY ASSISTANCE OR ARMS TRANSFERS TO

10 THE GOVERNMENT OF MAURITANIA UNLESS

11 APPROPRIATE ACTION IS TAKEN TO ELIMI12 NATE CHATTEL SLAVERY.

13 (a) PROHIBITION.—The President may not provide

14 economic assistance, military assistance or arms transfers

15 to the Government of Mauritania unless the President cer16 tifies to the Congress that such Government has taken ap17 propriate action to eliminate chattel slavery in Mauritania,

18 including—

19 (1) the enactment of anti-slavery laws that pro20 vide appropriate punishment for violators of such

21 laws; and

22 (2) the rigorous enforcement of such laws.

23 (b) DEFINITIONS.—For purposes of this section, the

24 following definitions apply:
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1 (1) ECONOMIC ASSISTANCE.—The term ‘‘eco2 nomic assistance’’ means any assistance under part

3 I of the Foreign Assistance Act of 1961 (22 U.S.C.

4 2151 et seq.) and any assistance under chapter 4 of

5 part II of such Act (22 U.S.C. 2346 et seq.) (relat6 ing to the economic support fund), except that such

7 term does not include humanitarian assistance.

8 (2) MILITARY ASSISTANCE OR ARMS TRANS9 FERS.—The term ‘‘military assistance or arms

10 transfers’’ means—

11 (A) assistance under chapter 2 of part II

12 of the Foreign Assistance Act of 1961 (22

13 U.S.C. 2311 et seq.) (relating to military assist14 ance), including the transfer of excess defense

15 articles under sections 516 through 519 of that

16 Act (22 U.S.C. 2321j through 2321m);

17 (B) assistance under chapter 5 of part II

18 of the Foreign Assistance Act of 1961 (22

19 U.S.C. 2347 et seq.) (relating to international

20 military education and training);

21 (C) assistance under the ‘‘Foreign Military

22 Financing Program’’ under section 23 of the

23 Arms Export Control Act (22 U.S.C. 2763); or

24 (D) the transfer of defense articles, de25 fense services, or design and construction serv-
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1 ices under the Arms Export Control Act (22

2 U.S.C. 2751 et seq.), including defense articles

3 and defense services licensed or approved for

4 export under section 38 of that Act (22 U.S.C.

5 2778).

6 TITLE XXXIV—SPECIAL AU7 THORITIES AND OTHER PRO8 VISIONS

9 CHAPTER 1—SPECIAL AUTHORITIES

10 SEC. 3401. ENHANCED TRANSFER AUTHORITY.

11 Section 610 of the Foreign Assistance Act of 1961

12 (22 U.S.C. 2360) is amended to read as follows:

13 ‘‘SEC. 610. TRANSFER BETWEEN ACCOUNTS.

14 ‘‘(a) GENERAL AUTHORITY.—Whenever the Presi15 dent determines it to be necessary for the purposes of this

16 Act or the Arms Export Control Act (22 U.S.C. 2751 et

17 seq.), not to exceed 20 percent of the funds made available

18 to carry out any provision of this Act (except funds made

19 available pursuant to title IV of chapter 2 of part I) or

20 section 23 of the Arms Export Control Act (22 U.S.C.

21 2763)—

22 ‘‘(1) may be transferred to, and consolidated

23 with, the funds in any other account or fund avail24 able to carry out any provision of this Act or the

25 Arms Export Control Act; and
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1 ‘‘(2) may be used for any purpose for which

2 funds in that account or fund may be used.

3 ‘‘(b) LIMITATION ON AMOUNT OF INCREASE.—The

4 total amount in the account or fund for the benefit of

5 which transfer is made under subsection (a) during any

6 fiscal year may not be increased by more than 20 percent

7 of the amount of funds otherwise made available.

8 ‘‘(c) NOTIFICATION.—The President shall notify in

9 writing the congressional committees specified in section

10 634A at least fifteen days in advance of each such transfer

11 between accounts in accordance with procedures applicable

12 to reprogramming notifications under such section.’’.

13 SEC. 3402. AUTHORITY TO MEET UNANTICIPATED CONTIN14 GENCIES.

15 Paragraph (1) of section 451(a) of the Foreign As16 sistance Act of 1961 (22 U.S.C. 2261(a)(1)) is amended

17 by striking ‘‘$25,000,000’’ and inserting ‘‘$50,000,000’’.

18 SEC. 3403. SPECIAL WAIVER AUTHORITY.

19 (a) LAWS AFFECTED.—Section 614 of the Foreign

20 Assistance Act of 1961 is amended by striking subsections

21 (a)(1) and (a)(2) and inserting the following:

22 ‘‘(a) AUTHORITY TO AUTHORIZE ASSISTANCE,

23 SALES, AND OTHER ACTIONS; LIMITATIONS.—(1) The

24 President may authorize assistance, sales, or other action

25 under this Act, the Arms Export Control Act, or any an-
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1 nual (or periodic) foreign assistance authorization or ap2 propriations legislation, without regard to any of the pro3 visions described in subsection (b), if the President deter4 mines, and notifies in writing the Speaker of the House

5 of Representatives and the chairman of the Committee on

6 Foreign Relations of the Senate—

7 ‘‘(A) with respect to assistance or other actions

8 under chapter 2 or 5 of part II of this Act, or sales

9 or other actions under the Arms Export Control Act,

10 that to do so is vital to the national security inter11 ests of the United States; and

12 ‘‘(B) with respect to other assistance or actions

13 that to do so is important to the national interests

14 of the United States.

15 ‘‘(2) The President may waive any provision de16 scribed in paragraph (1), (2), or (3) of subsection (b) that

17 would otherwise prohibit or restrict assistance or other ac18 tion under any provision of law not described in those

19 paragraphs if the President determines, and notifies in

20 writing the Speaker of the House of Representatives and

21 the chairman of the Committee on Foreign Relations of

22 the Senate, that to do so is important to the national in23 terests of the United States.’’.
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1 (b) ANNUAL CEILING.—Section 614(a)(4)(C) of that

2 Act is amended by striking ‘‘$50,000,000’’ and inserting

3 ‘‘$75,000,000’.

4 (c) LAWS WHICH MAY BE WAIVED.—Section 614 of

5 that Act is amended by striking subsections (b) and (c)

6 and inserting the following:

7 ‘‘(b) LAWS WHICH MAY BE WAIVED.—The provi8 sions referred to in subsections (a)(1) and (a)(2) are—

9 ‘‘(1) the provisions of this Act;

10 ‘‘(2) the provisions of the Arms Export Control

11 Act;

12 ‘‘(3) the provisions of any annual (or periodic)

13 foreign assistance authorization or appropriations

14 legislation, including any amendment made by any

15 such Act;

16 ‘‘(4) any other provision of law that restricts

17 assistance, sales or leases, or other action under the

18 Acts referred to in paragraph (1), (2), or (3); and

19 ‘‘(5) any law relating to receipts and credits ac20 cruing to the United States.’’.

21 (d) CONFORMING AMENDMENTS.—Section 614(a)(4)

22 of that Act is amended—

23 (1) in subparagraph (A)(ii), by striking ‘‘or the

24 Arms Export Control Act’’; and
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1 (2) in subparagraph (B), by striking ‘‘the Arms

2 Export Control Act or under’’.

3 SEC. 3404. TERMINATION OF ASSISTANCE.

4 Section 617 of the Foreign Assistance Act of 1961

5 (22 U.S.C. 2367) is amended to read as follows:

6 ‘‘SEC. 617. TERMINATION OF ASSISTANCE.

7 ‘‘(a) IN GENERAL.—(1) In order to ensure the effec8 tiveness of assistance provided under this Act or the Arms

9 Export Control Act, funds made available under this Act

10 to carry out any program, project, or activity of assistance

11 shall remain available for obligation for a period not to

12 exceed 8 months after the date of termination of such as13 sistance for the necessary expenses of winding up such

14 programs, projects, or activities and, notwithstanding any

15 other provision of law, funds so obligated may remain

16 available until expended.

17 ‘‘(2) Funds obligated to carry out any program,

18 project, or activity of assistance before the effective date

19 of the termination of such assistance are authorized to be

20 available for expenditure for the necessary expenses of

21 winding up such programs, projects, and activities, not22 withstanding any provision of law restricting the expendi23 ture of funds, and may be reobligated to meet any other

24 necessary expenses arising from the termination of such

25 assistance.
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1 ‘‘(3) The necessary expenses of winding up programs,

2 projects, and activities of assistance include the obligation

3 and expenditure of funds to complete the training or stud4 ies outside their countries of origin of students whose

5 course of study or training program began before assist6 ance was terminated.

7 ‘‘(b) LIABILITY TO CONTRACTORS.—For the purpose

8 of making an equitable settlement of termination claims

9 under extraordinary contractual relief standards, the

10 President is authorized to adopt as a contract or other

11 obligation of the United States Government, and assume

12 (in whole or in part) any liabilities arising thereunder, any

13 contract with a United States or third-country contractor

14 to carry out any program, project, or activity of assistance

15 under this Act that was subsequently terminated pursuant

16 to law.

17 ‘‘(c) GUARANTEE PROGRAMS.—Provisions of this or

18 any other Act requiring the termination of assistance

19 under this Act or the Arms Export Control Act shall not

20 be construed to require the termination of guarantee com21 mitments that were entered into before the effective date

22 of the termination of assistance.’’.
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1 CHAPTER 2—OTHER PROVISIONS

2 SEC. 3411. CONGRESSIONAL PRESENTATION DOCUMENTS.

3 Section 634 of the Foreign Assistance Act of 1961

4 (22 U.S.C. 2394) is amended to read as follows:

5 ‘‘SEC. 634. CONGRESSIONAL PRESENTATION DOCUMENTS.

6 ‘‘(a) REQUIREMENT FOR SUBMISSION.—As part of

7 the annual requests for enactment of authorizations and

8 appropriations for foreign assistance programs for each

9 fiscal year, the President shall prepare and transmit to

10 the Congress annual congressional presentation docu11 ments for the programs authorized under this Act and the

12 Arms Export Control Act (22 U.S.C. 2751 et seq.).

13 ‘‘(b) MATERIALS TO BE INCLUDED.—The documents

14 submitted pursuant to subsection (a) shall include—

15 ‘‘(1) the rationale for the allocation of assist16 ance or contributions to each country, regional, or

17 centrally funded program, or organization, as the

18 case may be;

19 ‘‘(2) a description of how each such program or

20 contribution supports the objectives of this Act or

21 the Arms Export Control Act, as the case may be;

22 ‘‘(3) a description of planned country, regional,

23 or centrally funded programs or contributions to

24 international organizations and programs for the

25 coming fiscal year; and
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1 ‘‘(4) for each country for which assistance is re2 quested under this Act or the Arms Export Control

3 Act—

4 ‘‘(A) the total number of years since 1946

5 that the United States has provided assistance;

6 ‘‘(B) the total amount of bilateral assist7 ance provided by the United States since 1946,

8 including the principal amount of all loans,

9 credits, and guarantees; and

10 ‘‘(C) the total amount of assistance pro11 vided to such country from all multilateral or12 ganizations to which the United States is a

13 member, including all international financial in14 stitutions, the United Nations, and other inter15 national organizations.

16 ‘‘(c) GRADUATION FROM DEVELOPMENT ASSIST17 ANCE.—

18 ‘‘(1) DETERMINATION.—As part of the congres19 sional presentation documents transmitted to the

20 Congress under this section, the Secretary of State

21 shall make a separate determination for each coun22 try identified in such documents for which bilateral

23 development assistance is requested, estimating the

24 year in which each such country will no longer be re25 ceiving bilateral development assistance.
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1 ‘‘(2) DEVELOPMENT ASSISTANCE DEFINED.—

2 For purposes of this section, the term ‘development

3 assistance’ means assistance under—

4 ‘‘(A) chapter 1 of part I of this Act;

5 ‘‘(B) chapter 10 of part I of this Act;

6 ‘‘(C) chapter 11 of part I of this Act; and

7 ‘‘(D) the Support for East European De8 mocracy (SEED) Act of 1989 (22 U.S.C. 5401

9 et seq.).’’.

10 SEC. 3412. DEBT RESTRUCTURING FOR FOREIGN ASSIST11 ANCE.

12 Chapter 1 of part III of the Foreign Assistance Act

13 of 1961 (22 U.S.C. 2370 et seq.), as amended by this Act,

14 is further amended by adding at the end the following new

15 section:

16 ‘‘SEC. 620K. SPECIAL DEBT RELIEF FOR POOR COUNTRIES.

17 ‘‘(a) AUTHORITY TO REDUCE DEBT.—The President

18 may reduce amounts owed to the United States Govern19 ment by a country described in subsection (b) as a result

20 of—

21 ‘‘(1) loans or guarantees issued under this Act;

22 or

23 ‘‘(2) credits extended or guarantees issued

24 under the Arms Export Control Act (22 U.S.C.

25 2751 et seq.).
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1 ‘‘(b) COUNTRY DESCRIBED.—A country described in

2 this subsection is a country—

3 ‘‘(1) with a heavy debt burden that is eligible

4 to borrow from the International Development Asso5 ciation but not from the International Bank for Re6 construction and Development (commonly referred

7 to as an ‘IDA-only’ country); and

8 ‘‘(2) the government of which—

9 ‘‘(A) does not have an excessive level of

10 military expenditures;

11 ‘‘(B) has not repeatedly provided support

12 for acts of international terrorism; and

13 ‘‘(C) is cooperating with the United States

14 on international narcotics control matters;

15 ‘‘(3) (including the military or other security

16 forces of such government) does not engage in a

17 consistent pattern of gross violations of internation18 ally recognized human rights; and

19 ‘‘(4) is not prohibited from receiving assistance

20 described in section 527(a) of the Foreign Relations

21 Authorization Act, Fiscal Years 1994 and 1995 by

22 reason of such section.

23 ‘‘(c) LIMITATIONS.—The authority under subsection

24 (a) may be exercised—
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1 ‘‘(1) only to implement multilateral official debt

2 relief ad referendum agreements (commonly referred

3 to as ‘Paris Club Agreed Minutes’); and

4 ‘‘(2) only to the extent that appropriations for

5 the cost of the modification, as defined in section

6 502 of the Congressional Budget Act of 1974, are

7 made in advance.

8 ‘‘(d) CERTAIN PROHIBITIONS INAPPLICABLE.—A re9 duction of debt pursuant to the exercise of authority under

10 subsection (a)—

11 ‘‘(1) shall not be considered assistance for pur12 poses of any provision of law limiting assistance to

13 a country; and

14 ‘‘(2) may be exercised notwithstanding section

15 620(r) of this Act or any comparable provision of

16 law.

17 ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—

18 ‘‘(1) IN GENERAL.—There are authorized to be

19 appropriated to the President for the purpose of car20 rying out this section $7,000,000 for each of the fis21 cal years 1996 and 1997.

22 ‘‘(2) AVAILABILITY.—Amounts authorized to be

23 appropriated under paragraph (1) are authorized to

24 remain available until expended.’’.
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1 SEC. 3413. DEBT BUYBACKS OR SALES FOR DEBT SWAPS.

2 Part IV of the Foreign Assistance Act of 1961 (22

3 U.S.C. 2430 et seq.) is amended by adding at the end

4 the following new section:

5 ‘‘SEC. 711. AUTHORITY TO ENGAGE IN DEBT BUYBACKS OR

6 SALES.

7 ‘‘(a) LOANS ELIGIBLE FOR SALE, REDUCTION, OR

8 CANCELLATION.—

9 ‘‘(1) AUTHORITY TO SELL, REDUCE, OR CANCEL

10 CERTAIN LOANS.—Notwithstanding any other provi11 sion of law, the President may, in accordance with

12 this section, sell to any eligible purchaser any

13 concessional loan or portion thereof made before

14 January 1, 1995, to the government of any eligible

15 country pursuant to this Act, or on receipt of pay16 ment from an eligible purchaser, reduce or cancel

17 such loan or portion thereof, only for the purpose

18 of facilitating—

19 ‘‘(A) debt-for-equity swaps, debt-for-devel20 opment swaps, or debt-for-nature swaps; or

21 ‘‘(B) a debt buyback by an eligible country

22 of its own qualified debt, only if the eligible

23 country uses an additional amount of the local

24 currency of the eligible country, equal to not

25 less than 40 percent of the price paid for such

26 debt by such eligible country, or the difference
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1 between the price paid for such debt and the

2 face value of such debt, to support activities

3 that link conservation and sustainable use of

4 natural resources with local community develop5 ment, and child survival and other child devel6 opment, in a manner consistent with sections

7 707 through 710, if the sale, reduction, or can8 cellation would not contravene any term or con9 dition of any prior agreement relating to such

10 loan.

11 ‘‘(2) TERMS AND CONDITIONS.—Notwithstand12 ing any other provision of law, the President shall,

13 in accordance with this section, establish the terms

14 and conditions under which loans may be sold, re15 duced, or canceled pursuant to this section.

16 ‘‘(3) ADMINISTRATION.—The Facility shall no17 tify the administrator of the agency primarily re18 sponsible for administering part I of this Act of pur19 chasers that the President has determined to be eli20 gible, and shall direct such agency to carry out the

21 sale, reduction, or cancellation of a loan pursuant to

22 this section. Such agency shall make an adjustment

23 in its accounts to reflect the sale, reduction, or can24 cellation.
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1 ‘‘(4) LIMITATION.—The authorities of this sub2 section shall be available only to the extent that ap3 propriations for the cost of the modification, as de4 fined in section 502 of the Congressional Budget Act

5 of 1974, are made in advance.

6 ‘‘(b) DEPOSIT OF PROCEEDS.—The proceeds from

7 the sale, reduction, or cancellation of any loan sold, re8 duced, or canceled pursuant to this section shall be depos9 ited in an account or accounts established in the Treasury

10 for the repayment of such loan.

11 ‘‘(c) ELIGIBLE PURCHASERS.—A loan may be sold

12 pursuant to subsection (a)(1)(A) only to a purchaser who

13 presents plans satisfactory to the President for using the

14 loan for the purpose of engaging in debt-for-equity swaps,

15 debt-for-development swaps, or debt-for-nature swaps.

16 ‘‘(d) DEBTOR CONSULTATIONS.—Before the sale to

17 any eligible purchaser, or any reduction or cancellation

18 pursuant to this section, of any loan made to an eligible

19 country, the President shall consult with the country con20 cerning the amount of loans to be sold, reduced, or can21 celed and their uses for debt-for-equity swaps, debt-for22 development swaps, or debt-for-nature swaps.

23 ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—

24 ‘‘(1) IN GENERAL.—For the sale, reduction,

25 and cancellation of loans or portions thereof pursu-
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1 ant to this section, there are authorized to be appro2 priated to the President $3,000,000 for each of the

3 fiscal years 1996 and 1997.

4 ‘‘(2) AVAILABILITY.—Amounts authorized to be

5 appropriated under paragraph (1) are authorized to

6 remain available until expended.’’.

7 SEC. 3414. IMPACT ON JOBS IN THE UNITED STATES.

8 Section 636 of the Foreign Assistance Act of 1961

9 (22 U.S.C. 2396) is amended by adding at the end the

10 following new subsection:

11 ‘‘(j)(1) Funds made available to carry out the provi12 sions of this Act may not be made available to provide—

13 ‘‘(A) any financial incentive to a business enter14 prise located in the United States for the purpose of

15 inducing that enterprise to relocate outside the Unit16 ed States if such incentive or inducement is likely to

17 reduce the number of individuals employed in the

18 United States by that enterprise because that enter19 prise would replace production in the United States

20 with production outside the United States;

21 ‘‘(B) assistance for the purpose of establishing

22 or developing in a foreign country any export proc23 essing zone or designated area in which the tax, tar24 iff, labor, environment, and safety laws of that coun25 try do not apply, in part or in whole, to activities
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1 carried out within that zone or area, unless the

2 President determines and certifies that such assist3 ance is not likely to cause a loss of jobs within the

4 United States; or

5 ‘‘(C) subject to paragraph (2), assistance for

6 any project or activity that contributes to the viola7 tion of internationally recognized workers rights (as

8 defined in section 502(a)(4) of the Trade Act of

9 1974) of workers in the foreign country, including in

10 any designated zone or area in that country.

11 ‘‘(2) Paragraph (1)(C) shall not apply with respect

12 to the provision of assistance for the informal sector,

13 microenterprises and small-scale enterprises, and small14 holder agriculture of the foreign country.’’.

15 SEC. 3415. PROHIBITION ON ASSISTANCE TO FOREIGN GOV16 ERNMENTS THAT EXPORT LETHAL MILITARY

17 EQUIPMENT TO COUNTRIES SUPPORTING

18 INTERNATIONAL TERRORISM.

19 (a) IN GENERAL.—Section 620 of the Foreign Assist20 ance Act of 1961 (22 U.S.C. 2370), as amended by this

21 Act, is further amended by adding at the end the following

22 new subsection:

23 ‘‘(z)(1) No assistance may be provided under this Act

24 or the Arms Export Control Act to any foreign govern25 ment that provides lethal military equipment to a country,
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1 the government of which the Secretary of State has deter2 mined pursuant to section 40(d) of the Arms Export Con3 trol Act is a government that has repeatedly provided sup4 port for acts of international terrorism.

5 ‘‘(2) The prohibition under paragraph (1) with re6 spect to a foreign government shall terminate 12 months

7 after the date on which that government ceases to provide

8 such lethal military equipment.

9 ‘‘(3) The President may waive the requirements of

10 paragraph (1) if the President determines that the provi11 sion of such assistance is important to the national secu12 rity interests of the United States.

13 ‘‘(4) Whenever the waiver of paragraph (3) is exer14 cised, the President shall prepare and transmit to the ap15 propriate congressional committees a report with respect

16 to the furnishing of such assistance. Such report shall in17 clude a detailed explanation of the assistance to be pro18 vided, including the estimated dollar amount of such as19 sistance, and an explanation of how the assistance fur20 thers the national interests of the United States.

21 ‘‘(5) For purposes of this subsection, the term ‘appro22 priate congressional committees’ means the Committee on

23 International Relations and the Committee on Appropria24 tions of the House of Representatives and the Committee
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1 on Foreign Relations and the Committee on Appropria2 tions of the Senate.’’.

3 (b) EFFECTIVE DATE.—Section 620(z) of the For4 eign Assistance Act of 1961, as added by subsection (a),

5 applies with respect to lethal military equipment provided

6 pursuant to a contract entered into on or after the date

7 of enactment of this Act.

8 SEC. 3416. PROHIBITION ON ASSISTANCE TO COUNTRIES

9 THAT CONSISTENTLY OPPOSE THE UNITED

10 STATES POSITION IN THE UNITED NATIONS

11 GENERAL ASSEMBLY.

12 (a) PROHIBITION.—United States assistance may not

13 be provided to a country that consistently opposed the

14 United States position in the United Nations General As15 sembly during the most recent session of the General As16 sembly.

17 (b) CHANGE IN GOVERNMENT.—If—

18 (1) the Secretary of State determines that,

19 since the beginning of the most recent session of the

20 General Assembly, there has been a fundamental

21 change in the leadership and policies of the govern22 ment of a country to which the prohibition in sub23 section (a) applies, and

24 (2) the Secretary believes that because of that

25 change the government of that country will no
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1 longer consistently oppose the United States position

2 in the General Assembly,

3 the Secretary may exempt that country from that prohibi4 tion. Any such exemption shall be effective only until sub5 mission of the next report under section 406 of the For6 eign Relations Authorization Act, Fiscal Years 1990 and

7 1991. The Secretary shall submit to the Congress a certifi8 cation of each exemption made under this subsection.

9 Such certification shall be accompanied by a discussion of

10 the basis for the Secretary’s determination and belief with

11 respect to such exemption.

12 (c) WAIVER AUTHORITY.—The Secretary of State

13 may waive the requirement of subsection (a) if the Sec14 retary determines and reports to the Congress that despite

15 the United Nations voting pattern of a particular country,

16 the provision of United States assistance to that country

17 is necessary to promote United States foreign policy objec18 tives.

19 (d) DEFINITIONS.—As used in this section—

20 (1) the term ‘‘consistently opposed the United

21 States position’’ means that the country’s votes in

22 the United Nations General Assembly coincided with

23 the United States position less than 25 percent of

24 the time, using for this purpose the overall percent25 age-of-voting coincidences set forth in the annual re-
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1 port submitted to the Congress pursuant to section

2 406 of the Foreign Relations Authorization Act, Fis3 cal Years 1990 and 1991;

4 (2) the term ‘‘most recent session of the Gen5 eral Assembly’’ means the most recently completed

6 plenary session of the General Assembly for which

7 overall percentage-of-voting coincidences is set forth

8 in the most recent report submitted to the Congress

9 pursuant to section 406 of the Foreign Relations

10 Authorization Act, Fiscal Years 1990 and 1991; and

11 (3) the term ‘‘United States assistance’’ means

12 assistance under—

13 (A) chapter 4 of part II of the Foreign As14 sistance Act of 1961 (relating to the economic

15 support fund),

16 (B) chapter 5 of part II of that Act (relat17 ing to international military education and

18 training), or

19 (C) the ‘‘Foreign Military Financing Pro20 gram’’ account under section 23 of the Arms

21 Export Control Act,

22 (D) chapter 1 of part I of the Foreign As23 sistance Act of 1961 (relating to development

24 assistance), except that such term shall not in25 clude assistance under chapter 1 of part I of
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1 the Foreign Assistance Act of 1961 in the case

2 of countries that voted in the United Nations

3 General Assembly on less than 50 percent of

4 the recorded plenary votes,

5 except that such term does not include assistance

6 under chapter 8 of part I of the Foreign Assistance

7 Act of 1961 (relating to international narcotics con8 trol) or assistance under chapter 8 of part II of such

9 Act (relating to antiterrorism assistance).

10 (e) EFFECTIVE DATE.—This section takes effect

11 upon the date of the submission to the Congress of the

12 report pursuant to section 406 of the Foreign Relations

13 Authorization Act, Fiscal Years 1990 and 1991, that is

14 required to be submitted by March 31, 1996.

15 SEC. 3417. LIMITATION ON ASSISTANCE TO COUNTRIES

16 THAT RESTRICT THE TRANSPORT OR DELIV17 ERY OF UNITED STATES HUMANITARIAN AS18 SISTANCE.

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

20 findings:

21 (1) The United States Federal budget deficit

22 and spending constraints require the maximum effi23 ciency in the usage of United States foreign assist24 ance.
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1 (2) The delivery of humanitarian assistance to

2 people in need is consistent with the fundamental

3 values of our Nation and is an important component

4 of United States foreign policy.

5 (3) As a matter of principle and in furtherance

6 of fiscal prudence, the United States should seek to

7 promote the delivery of humanitarian assistance to

8 people in need in a manner that is both timely and

9 cost effective.

10 (4) Recipients of United States assistance

11 should not hinder or delay the transport or delivery

12 of United States humanitarian assistance to other

13 countries.

14 (b) PROHIBITION ON ASSISTANCE.—Section 620 of

15 the Foreign Assistance Act of 1961 (22 U.S.C. 2370), as

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

17 end the following new subsection:

18 ‘‘(aa)(1) Notwithstanding any other provision of law,

19 United States assistance may not be made available for

20 any country whose government prohibits or otherwise re21 stricts, directly or indirectly, the transport or delivery of

22 United States humanitarian assistance.

23 ‘‘(2) The prohibition on United States assistance con24 tained in paragraph (1) shall not apply if the President

25 determines and notifies the Congress in writing that pro-
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1 viding such assistance to a country is in the national secu2 rity interest of the United States.

3 ‘‘(3) A suspension or termination of United States

4 assistance for any country under paragraph (1) shall cease

5 to be effective when the President certifies in writing to

6 the Speaker of the House of Representatives and the Com7 mittee on Foreign Relations of the Senate that such coun8 try is no longer prohibiting or otherwise restricting, either

9 directly or indirectly, the transport or delivery of United

10 States humanitarian assistance.

11 ‘‘(4)(A) At the time of the annual budget submission

12 to Congress, the President shall submit a report to the

13 Congress describing any information available to the

14 President concerning prohibitions or restrictions, direct or

15 indirect, on the transport or delivery of United States hu16 manitarian assistance by the government of any country

17 receiving or eligible to receive United States foreign assist18 ance during the current or preceding fiscal year.

19 ‘‘(B) The President shall include in the report re20 quired by subparagraph (A) a statement as to whether the

21 prohibition in paragraph (1) is being applied to each coun22 try for which the President has information available to

23 him concerning prohibitions or restrictions, direct or indi24 rect, on the transport or delivery of United States humani25 tarian assistance.
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1 ‘‘(5) As used in this subsection, the term ‘United

2 States assistance’ has the same meaning given that term

3 in section 481(e)(4) of this Act.’’.

4 SEC. 3418. PROHIBITION ON ASSISTANCE TO FOREIGN GOV5 ERNMENTS, PRIVATE AND VOLUNTARY ORGA6 NIZATIONS, AND OTHER ENTITIES THAT IN7 HIBIT UNITED STATES-SUPPORTED

8 DEMINING OPERATIONS AND ACTIVITIES.

9 (a) PROHIBITION.—None of the funds authorized to

10 be appropriated by this Act may be made available to any

11 foreign government, private and voluntary organization, or

12 any other entity which the Secretary of State determines

13 inhibits United States-supported demining operations and

14 activities through the imposition of discriminatory cus15 toms duties, tariffs, or any other barrier to the entry of

16 equipment or personnel designated for use or participation

17 in such operations and activities.

18 (b) EXCEPTION.—(1) The prohibition contained in

19 subsection (a) shall not apply with respect to a foreign

20 government, private and voluntary organization, or any

21 other entity if the President determines and reports to the

22 congressional committees specified in section 634A of the

23 Foreign Assistance Act of 1961 (in accordance with proce24 dures applicable to reprogramming notifications under

25 that section) that the provision of assistance to such gov-
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1 ernment, organization, or other entity, as the case may

2 be, is important to the national interest of the United

3 States.

4 (2) Any determination under paragraph (1) shall in5 clude a detailed justification of how the provision of assist6 ance furthers United States national interests.

7 SEC. 3419. PROHIBITION ON FOREIGN ASSISTANCE TO FOR8 EIGN GOVERNMENTS NOT IMPLEMENTING

9 EXTRADITION TREATIES.

10 (a) PROHIBITION.—Except as provided in subsection

11 (b), the President may not provide foreign assistance to

12 the government of any country determined by the Presi13 dent to have refused to implement an extradition treaty

14 between such country and the United States with respect

15 to one or more individuals of significant concern to the

16 United States who have been charged with or who have

17 committed felony offenses.

18 (b) EXCEPTION.—The President may provide foreign

19 assistance to the government of a country that would oth20 erwise be prohibited from receiving such assistance under

21 subsection (a) if the President—

22 (1) determines that the provision of such assist23 ance is in the national interest of the United States;

24 and
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1 (2) notifies the Committee on International Re2 lations of the House of Representatives and the

3 Committee on Foreign Relations of the Senate of

4 such determination.

5 (c) DEFINITIONS.—As used in this section:

6 (1) FELONY OFFENSE.—The term ‘‘felony of7 fense’’ means an offense punishable by death or im8 prisonment for a term exceeding one year.

9 (2) FOREIGN ASSISTANCE.—The term ‘‘foreign

10 assistance’’ means any funds made available to carry

11 out any program, project, or activity under the For12 eign Assistance Act of 1961 or the Arms Export

13 Control Act, except such term does not include funds

14 used to provide humanitarian assistance.

15 (d) EFFECTIVE DATE.—The prohibition contained in

16 subsection (a) applies with respect to the provision of for17 eign assistance on or after the date of the enactment of

18 this Act.

19 SEC. 3420. LIMITATION ON PROCUREMENT OUTSIDE THE

20 UNITED STATES.

21 (a) LIMITATION.—Funds made available for assist22 ance for fiscal years 1996 and 1997 under the Foreign

23 Assistance Act of 1961, for which amounts are authorized

24 to be appropriated for such fiscal years, may be used for
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1 procurement outside the United States or less developed

2 countries only if—

3 (1) such funds are used for the procurement of

4 commodities or services, or defense articles or de5 fense services, in the country in which the assistance

6 is to be provided, except that this paragraph only

7 applies if the total of such procurement for a project

8 or activity in that country would cost less than pro9 curement from the United States;

10 (2) the provision of such assistance requires

11 commodities or services, or defense articles or de12 fense services, of a type that are not produced in,

13 and available for purchase from, the United States,

14 less developed countries, or the country in which the

15 assistance is to be provided;

16 (3) the Congress has specifically authorized

17 procurement outside the United States or less devel18 oped countries; or

19 (4) the President determines on a case-by-case

20 basis that the procurement outside the United

21 States or less developed countries would result in the

22 more efficient use of United States foreign assist23 ance resources, including to meet unforeseen cir24 cumstances such as emergency situations.
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1 (b) DEFINITION.—For purposes of this section, the

2 term ‘‘less developed countries’’ includes the recipient

3 country if that country is not a developed country.

4 CHAPTER 3—FOREIGN AID REPORTING

5 REFORM ACT OF 1995

6 SEC. 3421. SHORT TITLE.

7 This chapter may be cited as the ‘‘Foreign Aid Re8 porting Reform Act of 1995’’.

9 SEC. 3422. ANNUAL FOREIGN ASSISTANCE JUSTIFICATION

10 REPORT.

11 (a) IN GENERAL.—In conjunction with the submis12 sion of the annual requests for enactment of authoriza13 tions and appropriations for foreign assistance programs

14 for each fiscal year, the President shall submit to the Con15 gress a single report containing—

16 (1) an integrated justification for all foreign as17 sistance programs proposed by the President for the

18 coming fiscal year; and

19 (2) an assessment of when the objectives of

20 those programs will be achieved so that the assist21 ance can be terminated.

22 (b) SPECIFIC INFORMATION TO BE PROVIDED.—

23 Each such report shall include the following:
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1 (1) INFORMATION REGARDING A FOREIGN AS2 SISTANCE PROGRAM GENERALLY.—For each foreign

3 assistance program taken as a whole—

4 (A) the total amount of assistance pro5 posed to be provided under that program;

6 (B) the justification for that amount;

7 (C) the objectives that assistance under

8 that program is intended to achieve;

9 (D) an explanation of the relationship of

10 assistance under that program to assistance

11 under other foreign assistance programs; and

12 (E) the President’s estimation of the date

13 by which the objectives of that program will be

14 achieved and the program terminated.

15 (2) INFORMATION REGARDING SPECIFIC ASSIST16 ANCE RECIPIENTS.—For each country or organiza17 tion which is a proposed recipient of assistance

18 under any foreign assistance program—

19 (A) the amount of each type of assistance

20 proposed;

21 (B) the justification for providing each

22 such type of assistance;

23 (C) the objectives that each such type of

24 assistance is intended to achieve;
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1 (D) an explanation of the relationship of

2 each type of assistance proposed to other types

3 of assistance proposed for that recipient; and

4 (E) the President’s estimation of the date

5 by which the objectives of assistance for such

6 recipient under each foreign assistance program

7 will be achieved and assistance under that pro8 gram to that recipient terminated.

9 The information required by subparagraphs (A)

10 through (E) shall be provided on a recipient-by11 recipient basis.

12 (3) INFORMATION REGARDING CENTRALLY13 FUNDED PROGRAMS.—For each centrally-funded

14 program under a foreign assistance program—

15 (A) the amount proposed for such pro16 gram;

17 (B) the justification for such program;

18 (C) the objectives each such program is in19 tended to achieve;

20 (D) an explanation of the relationship of

21 such program to other types of assistance pro22 posed under that foreign assistance program

23 and under other foreign assistance programs;

24 and
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1 (E) the President’s estimation of the date

2 by which the objectives of such program will be

3 achieved and such program terminated.

4 SEC. 3423. DEFINITION OF FOREIGN ASSISTANCE PRO5 GRAMS.

6 As used in this chapter, the term ‘‘foreign assistance

7 program’’ includes—

8 (1) any program of assistance authorized by the

9 Foreign Assistance Act of 1961 (such as the devel10 opment assistance program, the economic support

11 fund program, and the international military edu12 cation and training program) or authorized by the

13 African Development Foundation Act, section 401 of

14 the Foreign Assistance Act of 1969 (relating to the

15 Inter-American Development Foundation), or any

16 other foreign assistance legislation;

17 (2) any program of grant, credit, or guaranty

18 assistance under the Arms Export Control Act;

19 (3) assistance under the Migration and Refugee

20 Assistance Act of 1962;

21 (4) assistance under any title of the Agricul22 tural Trade Development and Assistance Act of

23 1954;

24 (5) contributions to the International Monetary

25 Fund;
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1 (6) contributions to the International Bank for

2 Reconstruction and Development, the International

3 Development Association, or any other institution

4 within the World Bank group; and

5 (7) contributions to any regional multilateral

6 development bank.

7 CHAPTER 4—REPEALS

8 SEC. 3431. REPEAL OF OBSOLETE PROVISIONS.

9 (a) 1987 FOREIGN ASSISTANCE APPROPRIATIONS

10 ACT.—Section 539(g)(2) of the Foreign Assistance and

11 Related Programs Appropriations Act, 1987, as included

12 in Public Law 99–591, is hereby repealed.

13 (b) 1986 ASSISTANCE ACT.—The Special Foreign

14 Assistance Act of 1986 is hereby repealed except for sec15 tion 1, section 204, and title III of such Act.

16 (c) 1985 ASSISTANCE ACT.—The International Secu17 rity and Development Cooperation Act of 1985 is hereby

18 repealed except for section 1, section 131, section 132, sec19 tion 504, section 505, part B of title V (other than section

20 558 and section 559), section 1302, section 1303, and sec21 tion 1304.

22 (d) 1985 JORDAN SUPPLEMENTAL ACT.—The Jor23 dan Supplemental Economic Assistance Authorization Act

24 of 1985 is hereby repealed.
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1 (e) 1985 AFRICAN FAMINE ACT.—The African Fam2 ine Relief and Recovery Act of 1985 is hereby repealed.

3 (f) 1983 ASSISTANCE ACT.—The International Secu4 rity and Development Assistance Authorization Act of

5 1983 is hereby repealed.

6 (g) 1983 LEBANON ASSISTANCE ACT.—The Lebanon

7 Emergency Assistance Act of 1983 is hereby repealed.

8 (h) 1981 ASSISTANCE ACT.—The International Secu9 rity and Development Cooperation Act of 1981 is hereby

10 repealed except for section 1, section 709, and section 714.

11 (i) 1980 ASSISTANCE ACT.—The International Secu12 rity and Development Cooperation Act of 1980 is hereby

13 repealed except for section 1, section 110, section 316, and

14 title V.

15 (j) 1979 DEVELOPMENT ASSISTANCE ACT.—The

16 International Development Cooperation Act of 1979 is

17 hereby repealed.

18 (k) 1979 SECURITY ASSISTANCE ACT.—The Inter19 national Security Assistance Act of 1979 is hereby re20 pealed.

21 (l) 1979 SPECIAL SECURITY ASSISTANCE ACT.—The

22 Special International Security Assistance Act of 1979 is

23 hereby repealed.

24 (m) 1978 DEVELOPMENT ASSISTANCE ACT.—The

25 International Development and Food Assistance Act of
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1 1978 is hereby repealed, except for section 1, title IV, and

2 section 603(a)(2).

3 (n) 1978 SECURITY ASSISTANCE ACT.—The Inter4 national Security Assistance Act of 1978 is hereby re5 pealed.

6 (o) 1977 DEVELOPMENT ASSISTANCE ACT.—The

7 International Development and Food Assistance Act of

8 1977 is hereby repealed except for section 1, section

9 132(b), and section 133.

10 (p) 1977 SECURITY ASSISTANCE ACT.—The Inter11 national Security Assistance Act of 1977 is hereby re12 pealed.

13 (q) 1976 SECURITY ASSISTANCE ACT.—The Inter14 national Security Assistance and Arms Export Control Act

15 of 1976 is hereby repealed except for section 1, section

16 201(b), section 212(b), section 601, and section 608.

17 (r) 1975 DEVELOPMENT ASSISTANCE ACT.—The

18 International Development and Food Assistance Act of

19 1975 is hereby repealed.

20 (s) 1975 BIB ACT.—Public Law 94–104 is hereby

21 repealed.

22 (t) 1974 ASSISTANCE ACT.—The Foreign Assistance

23 Act of 1974 is hereby repealed.
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1 (u) 1973 EMERGENCY ASSISTANCE ACT.—The

2 Emergency Security Assistance Act of 1973 is hereby re3 pealed.

4 (v) 1973 ASSISTANCE ACT.—The Foreign Assistance

5 Act of 1973 is hereby repealed.

6 (w) 1971 ASSISTANCE ACT.—The Foreign Assistance

7 Act of 1971 is hereby repealed.

8 (x) 1971 SPECIAL ASSISTANCE ACT.—The Special

9 Foreign Assistance Act of 1971 is hereby repealed.

10 (y) 1969 ASSISTANCE ACT.—The Foreign Assistance

11 Act of 1969 is hereby repealed except for the first section

12 and part IV.

13 (z) 1968 ASSISTANCE ACT.—The Foreign Assistance

14 Act of 1968 is hereby repealed.

15 (aa) 1964 ASSISTANCE ACT.—The Foreign Assist16 ance Act of 1964 is hereby repealed.

17 (bb) LATIN AMERICAN DEVELOPMENT ACT.—The

18 Latin American Development Act is hereby repealed.

19 (cc) 1959 MUTUAL SECURITY ACT.—The Mutual Se20 curity Act of 1959 is hereby repealed.

21 (dd) 1954 MUTUAL SECURITY ACT.—Sections 402

22 and 417 of the Mutual Security Act of 1954 are hereby

23 repealed.

24 (ee) DEPARTMENT OF STATE AUTHORIZATION ACT,

25 FISCAL YEARS 1982 and 1983.—Section 109 of the De-
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1 partment of State Authorization Act, Fiscal Years 1982

2 and 1983, is hereby repealed.

3 (ff) DEPARTMENT OF STATE AUTHORIZATION ACT,

4 FISCAL YEARS 1984 AND 1985.—Sections 1004 and

5 1005(a) of the Department of State Authorization Act,

6 Fiscal Years 1984 and 1985, are hereby repealed.

7 (gg) SAVINGS PROVISION.—Except as otherwise pro8 vided in this Act, the repeal by this Act of any provision

9 of law that amended or repealed another provision of law

10 does not affect in any way that amendment or repeal.

11 TITLE XXXV—EFFECTIVE DATE

12 SEC. 3501. EFFECTIVE DATE.

13 Except as otherwise provided in this Act, this divi14 sion, and the amendments made by this division, shall take

15 effect on the date of the enactment of this Act or October

16 1, 1995, whichever occurs later.

17 DIVISION D—ADDITIONAL

18 PROVISIONS

19 TITLE XLI—PUBLIC LAW 480

20 SEC. 4101. AUTHORIZATION OF APPROPRIATIONS FOR

21 TITLE III.

22 (a) IN GENERAL.—Notwithstanding section 3242 of

23 this Act, there are authorized to be appropriated

24 $25,000,000 for each of the fiscal years 1996 and 1997

25 for the provision of agricultural commodities under title
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1 III of the Agricultural Trade Development and Assistance

2 Act of 1954 (7 U.S.C. 1727 et seq.).

3 (b) AUTHORITY TO TRANSFER AMOUNTS.—Notwith4 standing any other provision of law, amounts authorized

5 to be appropriated by subsection (a) may be used to carry

6 out title II of the Agricultural Trade Development and As7 sistance Act of 1954 (7 U.S.C. 1721 et seq.).

8 TITLE XLII—UNITED STATES IN9 FORMATIONAL, EDU10 CATIONAL, AND CULTURAL

11 PROGRAMS

12 SEC. 4201. AUTHORIZATION OF APPROPRIATIONS.

13 Notwithstanding paragraphs (1), (3)(F), (4)(A), and

14 (5) of section 2106 of this Act, the following amounts are

15 authorized to be appropriated to carry out international

16 information activities and educational and cultural ex17 change programs under the United States Information

18 and Educational Exchange Act of 1948, the Mutual Edu19 cational and Cultural Exchange Act of 1961, Reorganiza20 tion Plan Number 2 of 1977, the United States Inter21 national Broadcasting Act of 1994, the Radio Broadcast22 ing to Cuba Act, the Television Broadcasting to Cuba Act,

23 the Board for International Broadcasting Act, the Inspec24 tor General Act of 1978, the North/South Center Act of

25 1991, the National Endowment for Democracy Act, and
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1 to carry out other authorities in law consistent with such

2 purposes:

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

4 and Expenses’’, $445,645,000 for the fiscal year

5 1996 and $402,080,000 for the fiscal year 1997.

6 (2) EDUCATIONAL AND CULTURAL EXCHANGE

7 PROGRAMS.—For ‘‘Hubert H. Humphrey Fellowship

8 Program’’, ‘‘Edmund S. Muskie Fellowship Pro9 gram’’, ‘‘International Visitors Program’’, ‘‘Mike

10 Mansfield Fellowship Program’’, ‘‘Claude and Mil11 dred Pepper Scholarship Program of the Washing12 ton Workshops Foundation’’, ‘‘Citizen Exchange

13 Programs’’, ‘‘Congress-Bundestag Exchange Pro14 gram’’, ‘‘Newly Independent States and Eastern Eu15 rope Training’’, ‘‘Institute for Representative Gov16 ernment’’, and ‘‘Arts America’’, $82,265,800 for the

17 fiscal year 1996 and $62,341,400 for the fiscal year

18 1997.

19 (3) RADIO CONSTRUCTION.—For ‘‘Radio Con20 struction’’, $70,164,000 for the fiscal year 1996 and

21 $52,647,000 for the fiscal year 1997.

22 (4) INTERNATIONAL BROADCASTING ACTIVI23 TIES.—For ‘‘International Broadcasting Activities’’,

24 $311,191,000 for the fiscal year 1996 and

25 $246,191,000 for the fiscal year 1997.
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1 TITLE XLIII—FOREIGN

2 BUILDINGS

3 SEC. 4301. AUTHORIZATION OF APPROPRIATIONS.

4 Notwithstanding section 2101(a)(4), there are au5 thorized to be appropriated for ‘‘Acquisition and Mainte6 nance of Buildings Abroad’’, $369,860,000 for the fiscal

7 year 1997.

8 TITLE XLIV—FOREIGN

9 ASSISTANCE

10 SEC. 4401. AUTHORIZATION OF APPROPRIATIONS.

11 (a) FOREIGN MILITARY FINANCING PROGRAM.—

12 Notwithstanding section 3101 of this Act, there are au13 thorized to be appropriated for grant assistance under sec14 tion 23 of the Arms Export Control Act (22 U.S.C. 2763)

15 and for the subsidy cost, as defined in section 502(5) of

16 the Federal Credit Reform Act of 1990, of direct loans

17 under such section—

18 (1) $3,274,440,000 for fiscal year 1996; and

19 (2) $3,216,020,000 for fiscal year 1997.

20 (b) ECONOMIC SUPPORT ASSISTANCE.—Notwith21 standing section 3201 of this Act, section 532(a) of the

22 Foreign Assistance Act of 1961 (22 U.S.C. 2346a(a)) is

23 amended to read as follows:

24 ‘‘(a) There are authorized to be appropriated to the

25 President to carry out the purposes of this chapter
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1 $2,346,378,000 for fiscal year 1996 and $2,238,478,000

2 for fiscal year 1997.’’.

3 (c) DEVELOPMENT FUND FOR AFRICA.—Notwith4 standing paragraph (2) of section 3221(a) of this Act,

5 there are authorized to be appropriated $649,214,000 for

6 fiscal year 1996 and $634,214,000 for fiscal year 1997

7 to carry out chapter 10 of part I of the Foreign Assistance

8 Act of 1961 (22 U.S.C. 2293 et seq.).

9 TITLE XLV—UNITED STATES

10 EDUCATIONAL AND CUL11 TURAL EXCHANGE PRO12 GRAMS

13 SEC. 4501. AUTHORIZATION OF APPROPRIATIONS.

14 (a) FULBRIGHT ACADEMIC EXCHANGE PROGRAMS.—

15 Notwithstanding section 2106(3)(A), there are authorized

16 to be appropriated for ‘‘Fulbright Academic Exchange

17 Programs’’, $112,484,200 for the fiscal year 1996 and

18 $88,680,800 for the fiscal year 1997.

19 (b) OTHER PROGRAMS.—Notwithstanding section

20 2106(3)(F), there are authorized to be appropriated for

21 ‘‘Other Programs’’, $77,265,800 for the fiscal year 1996

22 and $57,341,400 for the fiscal year 1997.

Passed the House of Representatives June 8, 1995.

Attest: ROBIN H. CARLE,

Clerk.

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104TH CONGRESS

1ST SESSION H. R. 1561

AN ACT

To consolidate the foreign affairs agencies of the

years 1996 and 1997, and for other purposes.States foreign assistance programs for fiscalthe authorizations of appropriations for Unitedfiscal years 1996 and 1997; to responsibly reducethe Department of State and related agencies forUnited States; to authorize appropriations for