Calendar No. 91

106TH CONGRESS

1ST SESSION S. 886

[Report No. 106–43]

A BILL

To authorize appropriations for the Department of

Nations; and for other purposes.measures; to provide for reform of the Unitedtrol, nonproliferation, and other national securitymatic facilities; to provide for certain arms confor enhanced security at United States diploState for fiscal years 2000 and 2001; to provide

APRIL 27, 1999

Read twice and placed on the calendar
II

Calendar No. 91

106TH CONGRESS

1ST SESSION S. 886

[Report No. 106–43]

To authorize appropriations for the Department of State for fiscal years

2000 and 2001; to provide for enhanced security at United States diplomatic facilities; to provide for certain arms control, nonproliferation,

and other national security measures; to provide for reform of the United

Nations; and for other purposes.

IN THE SENATE OF THE UNITED STATES

APRIL 27, 1999

Mr. HELMS, from the Committee on Foreign Relations, reported the following

original bill; which was read twice and placed on the calendar

A BILL

To authorize appropriations for the Department of State

for fiscal years 2000 and 2001; to provide for enhanced

security at United States diplomatic facilities; to provide

for certain arms control, nonproliferation, and other national security measures; to provide for reform of the

United Nations; 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; TABLE OF CONTENTS.

2 (a) SHORT TITLE.—This Act may be cited as the

3 ‘‘Foreign Relations Authorization Act, Fiscal Years 2000

4 and 2001’’.

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

6 this Act is as follows:

Sec. 1. Short title; table of contents.

Sec. 2. Appropriate congressional committees defined.

TITLE I—AUTHORIZATIONS OF APPROPRIATIONS FOR

DEPARTMENT OF STATE

Sec. 101. Administration of Foreign Affairs.

Sec. 102. International Commissions.

Sec. 103. Migration and Refugee Assistance.

Sec. 104. United States informational, educational, and cultural programs.

Sec. 105. Grants to The Asia Foundation.

TITLE II—DEPARTMENT OF STATE BASIC AUTHORITIES AND

ACTIVITIES

Subtitle A—Basic Authorities and Activities

Sec. 201. Office of Children’s Issues.

Sec. 202. Strengthening implementation of The Hague Convention on the Civil

Aspects of International Child Abduction.

Sec. 203. Human rights reporting on the treatment of children.

Sec. 204. Diplomatic Telecommunications Service Program Office; report on

cost allocation system.

Sec. 205. Study for establishment of Russian Democracy Foundation.

Sec. 206. Limitation on participation in international expositions.

Subtitle B—Consular Authorities

Sec. 211. Fees for machine readable visas.

Sec. 212. Fees relating to affidavits of support.

Sec. 213. Passport fees.

Sec. 214. Deaths and estates of United States citizens abroad.

Sec. 215. Major disasters and other incidents abroad affecting United States

citizens.

TITLE III—ORGANIZATION AND PERSONNEL OF THE

DEPARTMENT OF STATE

Subtitle A—Organization Matters

Sec. 301. Legislative liaison offices of the Department of State.

Subtitle B—Foreign Service Reform

Sec. 311. Findings.
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Sec. 312. United States citizens hired abroad.

Sec. 313. Limitation on percentage of Senior Foreign Service eligible for performance pay.

Sec. 314. Placement of Senior Foreign Service personnel.

Sec. 315. Report on management training.

Sec. 316. Workforce planning for Foreign Service personnel by Federal agencies.

Sec. 317. Records of disciplinary actions.

Sec. 318. Limitation on salary and benefits for members of the Foreign Service

recommended for separation for cause.

Sec. 319. Foreign language proficiency.

Sec. 320. Treatment of grievance records.

Sec. 321. Deadlines for filing grievances.

Sec. 322. Reports by the Foreign Service Grievance Board.

Subtitle C—Other Personnel Matters

Sec. 331. Border equalization pay adjustment.

Sec. 332. Treatment of certain persons reemployed after service with international organizations.

Sec. 333. Home service transfer allowance.

Sec. 334. Parental choice in education.

Sec. 335. Medical emergency assistance.

Sec. 336. Report concerning financial disadvantages for administrative and

technical personnel.

TITLE IV—EMBASSY SECURITY AND COUNTERTERRORISM

MEASURES

Sec. 401. Short title.

Sec. 402. Findings.

Sec. 403. United States diplomatic facility defined.

Sec. 404. Authorizations of appropriations.

Sec. 405. Obligations and expenditures.

Sec. 406. Security requirements for United States diplomatic facilities.

Sec. 407. Closure of vulnerable posts.

Sec. 408. Accountability Review Boards.

Sec. 409. Awards of Foreign Service stars.

TITLE V—UNITED STATES INTERNATIONAL BROADCASTING

ACTIVITIES

Sec. 501. Authorizations of appropriations.

Sec. 502. Reauthorization of Radio Free Asia.

Sec. 503. Nomination requirements for the Chairman of the Broadcasting

Board of Governors.

TITLE VI—ARMS CONTROL, NONPROLIFERATION, AND NATIONAL

SECURITY

Sec. 601. Short title.

Sec. 602. Definitions.

Subtitle A—Arms Control

CHAPTER 1—EFFECTIVE VERIFICATION OF COMPLIANCE WITH ARMS

CONTROL AGREEMENTS
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Sec. 611. Key Verification Assets Fund.

Sec. 612. Assistant Secretary of State for Verification and Compliance.

Sec. 613. Enhanced annual (‘‘Pell’’) report.

Sec. 614. Report on START and START II treaties monitoring issues.

Sec. 615. Standards for verification.

Sec. 616. Contribution to the advancement of seismology.

Sec. 617. Protection of United States companies.

CHAPTER 2—LANDMINE POLICY, DEMINING ACTIVITIES, AND RELATED

MATTERS

Sec. 621. Conforming amendment.

Sec. 622. Development of Advanced Humanitarian Demining Capabilities

Fund.

Subtitle B—Nuclear Nonproliferation, Safety, and Related Matters

Sec. 631. Reporting burden on United States nuclear industry.

Sec. 632. Authority to suspend nuclear cooperation for failure to ratify Convention on Nuclear Safety.

Sec. 633. Elimination of duplicative Government activities.

Sec. 634. Congressional notification of nonproliferation activities.

Sec. 635. Effective use of resources for nonproliferation programs.

Sec. 636. Disposition of weapons-grade material.

Sec. 637. Status of Hong Kong and Macao in United States export law.

Subtitle C—Miscellaneous Provisions

Sec. 641. Requirement for transmittal of summaries.

Sec. 642. Prohibition on withholding certain information from Congress.

TITLE VII—MISCELLANEOUS PROVISIONS

Subtitle A—People’s Republic of China

Sec. 701. Findings.

Sec. 702. Funding for additional personnel at diplomatic posts to report on political, economic, and human rights matters in the People’s Republic of China.

Sec. 703. Prisoner Information Registry for the People’s Republic of China.

Sec. 704. Report regarding establishment of Organization for Security and Cooperation in Asia.

Sec. 705. Sense of Congress regarding organ harvesting and transplanting in

the People’s Republic of China.

Subtitle B—Other Matters

Sec. 721. Denial of entry into United States of foreign nationals engaged in establishment or enforcement of forced abortion or sterilization

policy.

Sec. 722. Semiannual reports on United States support for membership or participation of Taiwan in international organizations.

Sec. 723. Congressional policy regarding United Nations General Assembly

Resolution ES–10/6.

Sec. 724. Waiver of certain prohibitions regarding the Palestine Liberation Organization.

Sec. 725. United States policy regarding Jerusalem as the capital of Israel.

Sec. 726. United States policy with respect to Nigeria.
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Sec. 727. Partial liquidation of blocked Libyan assets.

Sec. 728. Support for refugees from Russia who choose to resettle in Israel.

Sec. 729. Sense of Congress regarding extradition of Lt. General Igor

Giorgadze.

TITLE VIII—INTERNATIONAL ORGANIZATIONS AND COMMISSIONS

Subtitle A—Authorizations of Appropriations

Sec. 801. Contributions to international organizations.

Sec. 802. Contributions for international peacekeeping activities.

Subtitle B—United Nations Activities

Sec. 811. United Nations policy on Israel and the Palestinians.

Sec. 812. Data on costs incurred in support of United Nations peacekeeping

operations.

Sec. 813. Reimbursement for goods and services provided by the United States

to the United Nations.

Subtitle C—International Organizations Other Than the United Nations

Sec. 821. Restriction relating to United States accession to the International

Criminal Court.

Sec. 822. Prohibition on extradition or transfer of United States citizens to the

International Criminal Court.

Sec. 823. Permanent requirement for reports regarding foreign travel.

Sec. 824. Assistance to States and local governments by the International

Boundary and Water Commission.

TITLE IX—ARREARS PAYMENTS AND REFORM

Subtitle A—General Provisions

Sec. 901. Short title.

Sec. 902. Definitions.

Subtitle B—Arrearages to the United Nations

CHAPTER 1—AUTHORIZATION OF APPROPRIATIONS; OBLIGATION AND

EXPENDITURE OF FUNDS

Sec. 911. Authorization of appropriations.

Sec. 912. Obligation and expenditure of funds.

Sec. 913. Forgiveness of amounts owed by the United Nations to the United

States.

CHAPTER 2—UNITED STATES SOVEREIGNTY

Sec. 921. Certification requirements.

CHAPTER 3—REFORM OF ASSESSMENTS AND UNITED NATIONS

PEACEKEEPING OPERATIONS

Sec. 931. Certification requirements.

CHAPTER 4—BUDGET AND PERSONNEL REFORM

Sec. 941. Certification requirements.
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Subtitle C—Miscellaneous Provisions

Sec. 951. Statutory construction on relation to existing laws.

Sec. 952. Prohibition on payments relating to UNIDO and other international

organizations from which the United States has withdrawn or

rescinded funding.

1 SEC. 2. APPROPRIATE CONGRESSIONAL COMMITTEES DE2 FINED.

3 Except as otherwise provided in section 902(1), in

4 this Act the term ‘‘appropriate congressional committees’’

5 means the Committee on Foreign Relations of the Senate

6 and the Committee on International Relations of the

7 House of Representatives.

8 TITLE I—AUTHORIZATIONS OF

9 APPROPRIATIONS FOR DE10 PARTMENT OF STATE

11 SEC. 101. ADMINISTRATION OF FOREIGN AFFAIRS.

12 (a) AUTHORIZATIONS OF APPROPRIATIONS.—The

13 following amounts are authorized to be appropriated for

14 the Department of State under ‘‘Administration of For15 eign Affairs’’ to carry out the authorities, functions, du16 ties, and responsibilities in the conduct of the foreign af17 fairs of the United States and for other purposes author18 ized by law, including public diplomacy activities and the

19 diplomatic security program:

20 (1) DIPLOMATIC AND CONSULAR PROGRAMS.—

21 For ‘‘Diplomatic and Consular Programs’’ of the

22 Department of State, $2,837,772,000 for the fiscal
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1 year 2000 and $2,837,772,000 for the fiscal year

2 2001.

3 (2) CAPITAL INVESTMENT FUND.—For ‘‘Cap4 ital Investment Fund’’ of the Department of State,

5 $90,000,000 for the fiscal year 2000 and

6 $90,000,000 for the fiscal year 2001.

7 (3) SECURITY AND MAINTENANCE OF UNITED

8 STATES MISSIONS.—For ‘‘Security and Maintenance

9 of United States Missions’’, $434,066,000 for the

10 fiscal year 2000 and $434,066,000 for the fiscal

11 year 2001.

12 (4) REPRESENTATION ALLOWANCES.—For

13 ‘‘Representation Allowances’’, $5,850,000 for the

14 fiscal year 2000 and $5,850,000 for the fiscal year

15 2001.

16 (5) EMERGENCIES IN THE DIPLOMATIC AND

17 CONSULAR SERVICE.—For ‘‘Emergencies in the Dip18 lomatic and Consular Service’’, $17,000,000 for the

19 fiscal year 2000 and $17,000,000 for the fiscal year

20 2001.

21 (6) OFFICE OF THE INSPECTOR GENERAL.—

22 For ‘‘Office of the Inspector General’’, $30,054,000

23 for the fiscal year 2000 and $30,054,000 for the fis24 cal year 2001.
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1 (7) PAYMENT TO THE AMERICAN INSTITUTE IN

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

3 in Taiwan’’, $15,760,000 for the fiscal year 2000

4 and $15,760,000 for the fiscal year 2001.

5 (8) PROTECTION OF FOREIGN MISSIONS AND

6 OFFICIALS.—

7 (A) AMOUNTS AUTHORIZED TO BE APPRO8 PRIATED.—For ‘‘Protection of Foreign Missions

9 and Officials’’, $9,490,000 for the fiscal year

10 2000 and $9,490,000 for the fiscal year 2001.

11 (B) AVAILABILITY OF FUNDS.—Each

12 amount appropriated pursuant to this para13 graph is authorized to remain available through

14 September 30 of the fiscal year following the

15 fiscal year for which the amount was appro16 priated.

17 (9) REPATRIATION LOANS.—For ‘‘Repatriation

18 Loans’’, $1,200,000 for the fiscal year 2000 and

19 $1,200,000 for the fiscal year 2001, for administra20 tive expenses.

21 (b) ALLOCATION OF FUNDS FOR COMMERCIAL LI22 CENSES.—Of the funds made available to the Department

23 of State under subsection (a)(1), $8,000,000 shall be

24 made available only for the activities of the Office of De25 fense Trade Controls of the Department of State.
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1 SEC. 102. 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 $20,413,000 for the fiscal year 2000 and

14 $20,413,000 for the fiscal year 2001; and

15 (B) for ‘‘Construction’’, $8,435,000 for the

16 fiscal year 2000 and $8,435,000 for the fiscal

17 year 2001.

18 (2) INTERNATIONAL BOUNDARY COMMISSION,

19 UNITED STATES AND CANADA.—For ‘‘International

20 Boundary Commission, United States and Canada’’,

21 $859,000 for the fiscal year 2000 and $859,000 for

22 the fiscal year 2001.

23 (3) INTERNATIONAL JOINT COMMISSION.—For

24 ‘‘International Joint Commission’’, $3,819,000 for

25 the fiscal year 2000 and $3,819,000 for the fiscal

26 year 2001.
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1 (4) INTERNATIONAL FISHERIES COMMIS2 SIONS.—For ‘‘International Fisheries Commissions’’,

3 $16,702,000 for the fiscal year 2000 and

4 $16,702,000 for the fiscal year 2001.

5 SEC. 103. MIGRATION AND REFUGEE ASSISTANCE.

6 (a) MIGRATION AND REFUGEE ASSISTANCE.—There

7 are authorized to be appropriated for ‘‘Migration and Ref8 ugee Assistance’’ for authorized activities, $660,000,000

9 for the fiscal year 2000 and $660,000,000 for the fiscal

10 year 2001.

11 (b) AVAILABILITY OF FUNDS.—Funds appropriated

12 pursuant to this section are authorized to remain available

13 until expended.

14 SEC. 104. UNITED STATES INFORMATIONAL, EDUCATIONAL,

15 AND CULTURAL PROGRAMS.

16 (a) IN GENERAL.—The following amounts are au17 thorized to be appropriated to carry out educational and

18 cultural exchange programs under the United States In19 formation and Educational Exchange Act of 1948, the

20 Mutual Educational and Cultural Exchange Act of 1961,

21 Reorganization Plan Number 2 of 1977, the North/South

22 Center Act of 1991, and the National Endowment for De23 mocracy Act, and to carry out other authorities in law con24 sistent with such purposes:
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1 (1) EDUCATIONAL AND CULTURAL EXCHANGE

2 PROGRAMS.—

3 (A) FULBRIGHT ACADEMIC EXCHANGE

4 PROGRAMS.—For the ‘‘Fulbright Academic Ex5 change Programs’’ (other than programs de6 scribed in subparagraph (B)), $112,000,000 for

7 the fiscal year 2000 and $112,000,000 for the

8 fiscal year 2001.

9 (B) OTHER EDUCATIONAL AND CULTURAL

10 EXCHANGE PROGRAMS.—For other educational

11 and cultural exchange programs authorized by

12 law, $98,329,000 for the fiscal year 2000 and

13 $98,329,000 for the fiscal year 2001.

14 (2) CENTER FOR CULTURAL AND TECHNICAL

15 INTERCHANGE BETWEEN EAST AND WEST.—For the

16 ‘‘Center for Cultural and Technical Interchange be17 tween East and West’’, $12,500,000 for the fiscal

18 year 2000 and $12,500,000 for the fiscal year 2001.

19 (3) NATIONAL ENDOWMENT FOR DEMOC20 RACY.—For the ‘‘National Endowment for Democ21 racy’’, $31,000,000 for the fiscal year 2000 and

22 $31,000,000 for the fiscal year 2001.

23 (4) CENTER FOR CULTURAL AND TECHNICAL

24 INTERCHANGE BETWEEN NORTH AND SOUTH.—For

25 ‘‘Center for Cultural and Technical Interchange be-
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1 tween North and South’’ $1,750,000 for the fiscal

2 year 2000 and $1,750,000 for the fiscal year 2001.

3 (b) EXCHANGES WITH RUSSIA.—

4 (1) MUSKIE FELLOWSHIPS.—Of the amounts

5 authorized to be appropriated under subsection

6 (a)(1)(B), $7,000,000 for each of the fiscal years

7 2000 and 2001 shall be available only to carry out

8 the Edmund S. Muskie Fellowship Program under

9 section 227 of the Foreign Relations Authorization

10 Act, Fiscal Years 1992 and 1993 (22 U.S.C. 2452

11 note) with the Russian Federation.

12 (2) SENSE OF CONGRESS ON ALLOCATION OF

13 RESOURCES FOR EXCHANGES WITH RUSSIA.—It is

14 the sense of the Congress that educational and pro15 fessional exchanges with the Russian Federation

16 have proven to be an effective mechanism for en17 hancing democratization in that country and that,

18 therefore, Congress should significantly increase the

19 financial resources allocated for those programs.

20 (c) VIETNAM FULBRIGHT ACADEMIC EXCHANGE

21 PROGRAM.—Of the amounts authorized to be appro22 priated under subsection (a)(1)(A), $5,000,000 for the fis23 cal year 2000 and $5,000,000 for the fiscal year 2001

24 shall be available only to carry out the Vietnam scholar25 ship program established by section 229 of the Foreign
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1 Relations Authorization Act, Fiscal Years 1992 and 1993

2 (Public Law 102–138).

3 SEC. 105. GRANTS TO THE ASIA FOUNDATION.

4 Section 404 of The Asia Foundation Act (title IV of

5 Public Law 98–164; 22 U.S.C. 4403) is amended to read

6 as follows:

7 ‘‘SEC. 404. There are authorized to be appropriated

8 to the Secretary of State $15,000,000 for each of the fis9 cal years 2000 and 2001 for grants to The Asia Founda10 tion pursuant to this title.’’.

11 TITLE II—DEPARTMENT OF

12 STATE BASIC AUTHORITIES

13 AND ACTIVITIES

14 Subtitle A—Basic Authorities and

15 Activities

16 SEC. 201. OFFICE OF CHILDREN’S ISSUES.

17 (a) DIRECTOR REQUIREMENTS.—At the earliest date

18 practicable, the Secretary of State is requested to fill the

19 position of Director of the Office of Children’s Issues of

20 the Department of State (in this section referred to as

21 the ‘‘Office’’) with a career member of the Senior Execu22 tive Service. Effective January 1, 2001, only a career

23 member of the Senior Executive Service may occupy the

24 position of Director of the Office. In selecting an indi25 vidual to fill the position of Director, the Secretary of
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1 State shall seek an individual who can assure long-term

2 continuity in the management of the Office.

3 (b) CASE OFFICER STAFFING.—Effective April 1,

4 2000, there shall be assigned to the Office of Children’s

5 Issues of the Department of State a sufficient number of

6 case officers to ensure that the average caseload for each

7 officer does not exceed 75.

8 (c) EMBASSY CONTACT.—The Secretary of State

9 shall designate in each United States diplomatic mission

10 an employee who shall serve as the point of contact for

11 matters relating to international abductions of children by

12 parents. The Director of the Office shall regularly inform

13 the designated employee of children of United States citi14 zens abducted by parents to that country.

15 (d) COORDINATION.—

16 (1) PARTICULAR ABDUCTIONS.—Not later than

17 24 hours after notice of the possible abduction of a

18 child by a parent to a location abroad has been sub19 mitted to the Department of State, the Secretary of

20 State shall submit to the National Center for Miss21 ing and Exploited Children a report including the

22 following:

23 (A) The name of the abducted child.
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1 (B) The name and contact information of

2 the parent or guardian who is searching for the

3 child.

4 (C) The name and contact information for

5 the law enforcement officials, including the

6 agencies which employ the officials, assisting in

7 the effort to return the child.

8 (D) The country to which the child is be9 lieved to have been abducted.

10 (E) The name of the person believed to

11 have abducted the child.

12 (2) GENERAL CASE INFORMATION.—At least

13 once every six months, the Secretary shall submit to

14 the Center a report on the following:

15 (A) Any case of abduction of a child by a

16 parent previously submitted to the Secretary

17 that has been closed during the preceding six

18 months, including the reason for closing the

19 case.

20 (B) Any case for which the Department of

21 State has received a request during such

22 months for assistance from a parent concerned

23 about preventing the abduction of a child to a

24 location abroad.

25 (e) REPORTS TO PARENTS.—
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1 (1) IN GENERAL.—Except as provided in para2 graph (2), beginning 6 months after the date of en3 actment of this Act, and at least once every 6

4 months thereafter, the Secretary of State shall re5 port to each parent who has requested assistance re6 garding an abducted child. Each such report shall

7 include information on the current status of the ab8 ducted child’s case and the efforts by the Depart9 ment of State to resolve the case.

10 (2) EXCEPTION.—The requirement in para11 graph (1) shall not apply in a case of an abducted

12 child if—

13 (A) the case has been closed and the Sec14 retary of State has reported the reason the case

15 was closed to the parent who requested assist16 ance; or

17 (B) the parent seeking assistance requests

18 that such reports not be provided.

19 SEC. 202. STRENGTHENING IMPLEMENTATION OF THE

20 HAGUE CONVENTION ON THE CIVIL ASPECTS

21 OF INTERNATIONAL CHILD ABDUCTION.

22 (a) REPORTS ON COMPLIANCE WITH THE CONVEN23 TION.—Section 2803(a) of the Foreign Affairs Reform

24 and Restructuring Act of 1998 (as contained in division

25 G of Public Law 105–277) is amended—
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1 (1) in the first sentence, by striking ‘‘during

2 the period ending September 30, 1999’’;

3 (2) in paragraph (4), by inserting before the pe4 riod at the end the following: ‘‘, including the spe5 cific actions taken by the United States chief of mis6 sion in the country to which the child is alleged to

7 have been abducted’’; and

8 (3) by adding at the end the following new

9 paragraph:

10 ‘‘(6) a description of the efforts of the Sec11 retary of State to encourage the parties to the Con12 vention to facilitate the work of nongovernmental or13 ganizations within their countries that assist parents

14 seeking the return of children under the Conven15 tion.’’.

16 (b) COORDINATION IN THE UNITED STATES.—It is

17 the sense of Congress that the Secretary of State should

18 continue to work with the National Center for Missing and

19 Exploited Children in the United States to assist parents

20 seeking the return of, or access to, children brought to

21 the United States in violation of the Convention on the

22 Civil Aspects of International Child Abduction, done at

23 The Hague on October 25, 1980.
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1 SEC. 203. HUMAN RIGHTS REPORTING ON THE TREATMENT

2 OF CHILDREN.

3 (a) IN GENERAL.—It is the sense of Congress that

4 the annual human rights report by the Department of

5 State should include a section on each country regarding

6 the treatment of children in that country.

7 (b) CONTENTS OF REPORT SECTIONS.—Each report

8 section described in subsection (a) should include—

9 (1) a description of compliance by the country

10 with the Convention on the Civil Aspects of Inter11 national Child Abduction, done at The Hague on

12 October 25, 1980;

13 (2) a description of the cooperation, or lack

14 thereof, in resolving cases of abducted children by

15 each country that is not a party to the Convention

16 on the Civil Aspects of International Child Abduc17 tion, done at The Hague on October 25, 1980;

18 (3) the number of children who were abducted

19 and remain in the country, with special emphasis on

20 cases of more than one year in duration; and

21 (4) an identification of those cases that have re22 sulted in the successful return of children.
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1 SEC. 204. DIPLOMATIC TELECOMMUNICATIONS SERVICE

2 PROGRAM OFFICE; REPORT ON COST ALLO3 CATION SYSTEM.

4 Not later than December 31, 1999, the Director and

5 Deputy Director of the Diplomatic Telecommunications

6 Service Program Office (DTS-PO) shall jointly submit to

7 the Office’s congressional oversight committees a report

8 regarding the feasibility of fairly allocating the costs of

9 DTS-PO to customer agencies at United States diplomatic

10 missions overseas, which shall address—

11 (1) past and ongoing efforts to allocate those

12 costs;

13 (2) trends in diplomatic telecommunications re14 quirements and options for meeting those require15 ments;

16 (3) a strategy for best meeting those require17 ments and fairly allocating the costs; and

18 (4) an explanation of any legislation, the enact19 ment of which would be required for this purpose.

20 SEC. 205. STUDY FOR ESTABLISHMENT OF RUSSIAN DE21 MOCRACY FOUNDATION.

22 (a) IN GENERAL.—The Secretary of State shall con23 duct a study of the feasibility of establishing a Russia24 based foundation for the promotion of democratic institu25 tions in the Russian Federation.
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1 (b) ALLOCATION OF FUNDS.—Of the funds author2 ized to be appropriated for the Department of State for

3 fiscal year 2000, up to $50,000 shall be available to carry

4 out this section.

5 (c) REPORT.—Not later than 90 days after the date

6 of enactment of this Act, the Secretary of State shall sub7 mit a report to the appropriate congressional committees

8 setting forth the results of the study conducted under sub9 section (a).

10 SEC. 206. LIMITATION ON PARTICIPATION IN INTER11 NATIONAL EXPOSITIONS.

12 Section 230 of the Foreign Relations Authorization

13 Act, Fiscal Years 1994 and 1995 (22 U.S.C. 2452 note)

14 is amended—

15 (1) by striking ‘‘Notwithstanding’’ and insert16 ing ‘‘(a) LIMITATION.—Except as provided in sub17 section (b) and notwithstanding’’; and

18 (2) by adding at the end the following:

19 ‘‘(b) EXCEPTIONS.—Notwithstanding subsection (a),

20 the United States Information Agency may use funds to

21 carry out any of its responsibilities—

22 ‘‘(1) under section 102(a)(3) of the Mutual

23 Educational and Cultural Exchange Act of 1961 (22

24 U.S.C. 2452(a)(3)) to provide for United States par-
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1 ticipation in international fairs and expositions

2 abroad;

3 ‘‘(2) under section 105(f) of such Act (22

4 U.S.C. 2455(f)) with respect to encouraging foreign

5 governments, international organizations, and pri6 vate individuals, firms, associations, agencies, and

7 other groups to participate in international fairs and

8 expositions and to make contributions to be utilized

9 for United States participation in international fairs

10 and expositions; or

11 ‘‘(3) to facilitate support to the United States

12 Commissioner General for participation in inter13 national fairs and expositions.

14 ‘‘(c) STATUTORY CONSTRUCTION.—Nothing in sub15 section (b) authorizes the use of funds available to the

16 United States Information Agency to make any payment

17 for—

18 ‘‘(1) any contract, grant, or other agreement

19 with any other party to carry out any activity de20 scribed in subsection (b); or

21 ‘‘(2) the satisfaction of any legal judgment or

22 the cost of any litigation brought against the United

23 States Information Agency arising from any activity

24 described in subsection (b).’’.
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1 Subtitle B—Consular Authorities

2 SEC. 211. FEES FOR MACHINE READABLE VISAS.

3 Section 140(a) of the Foreign Relations Authoriza4 tion Act, Fiscal Years 1994 and 1995 (Public Law 103–

5 236; 8 U.S.C. 1351 note) is amended—

6 (1) by striking the first sentence of paragraph

7 (3), and inserting ‘‘For each of the fiscal years 2000

8 and 2001, any amount collected under paragraph

9 (1) that exceeds $300,000,000 may be made avail10 able for the purposes of paragraph (2) only if a noti11 fication is submitted to Congress in accordance with

12 the procedures applicable to reprogramming notifica13 tions under section 34 of the State Department

14 Basic Authorities Act of 1956 (22 U.S.C. 2706).’’;

15 and

16 (2) by striking paragraphs (4) and (5).

17 SEC. 212. FEES RELATING TO AFFIDAVITS OF SUPPORT.

18 (a) AUTHORITY TO CHARGE FEE.—The Secretary of

19 State may charge and retain a fee or surcharge for serv20 ices provided by the Department of State to any sponsor

21 who provides an affidavit of support under section 213A

22 of the Immigration and Nationality Act (8 U.S.C. 1183a)

23 to ensure that such affidavit is properly completed before

24 it is forwarded to a consular post for adjudication by a

25 consular officer in connection with the adjudication of an
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1 immigrant visa. Such fee or surcharge shall be in addition

2 to and separate from any fee imposed for immigrant visa

3 application processing and issuance, and shall recover only

4 the costs of such services not recovered by such fee.

5 (b) LIMITATION.—Any fee established under sub6 section (a) shall be charged only once to a sponsor who

7 files essentially duplicative affidavits of support in connec8 tion with separate immigrant visa applications from the

9 spouse and children of any petitioner required by the Im10 migration and Nationality Act to petition separately for

11 such persons.

12 (c) TREATMENT OF FEES.—Fees collected under the

13 authority of subsection (a) shall be deposited as an offset14 ting collection to any Department of State appropriation

15 to recover the cost of providing consular services.

16 (d) COMPLIANCE WITH BUDGET ACT.—Fees may be

17 collected under the authority of subsection (a) only to such

18 extent or in such amounts as are provided in advance in

19 an appropriation Act.

20 SEC. 213. PASSPORT FEES.

21 (a) APPLICATIONS.—Section 1 of the Passport Act

22 of June 4, 1920 (22 U.S.C. 214), is amended—

23 (1) in the first sentence—

24 (A) by striking ‘‘each passport issued’’ and

25 inserting ‘‘the filing of each application for a
24

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1 passport (including the cost of passport

2 issuance and use)’’; and

3 (B) by striking ‘‘each application for a

4 passport;’’ and inserting ‘‘each such applica5 tion’’; and

6 (2) by adding after the first sentence the fol7 lowing new sentence: ‘‘Such fees shall not be refund8 able, except as the Secretary may by regulation pre9 scribe.’’.

10 (b) REPEAL OF OUTDATED PROVISION ON PASSPORT

11 FEES.—Section 4 of the Passport Act of June 4, 1920

12 (22 U.S.C. 216) is repealed.

13 SEC. 214. DEATHS AND ESTATES OF UNITED STATES CITI14 ZENS ABROAD.

15 (a) REPEAL.—Section 1709 of the Revised Statutes

16 (22 U.S.C. 4195) is repealed.

17 (b) AMENDMENT TO STATE DEPARTMENT BASIC AU18 THORITIES ACT.—The State Department Basic Authori19 ties Act of 1956 is amended by inserting after section 43

20 (22 U.S.C. 2715) the following new sections:

21 ‘‘SEC. 43A. NOTIFICATION OF NEXT OF KIN; REPORTS OF

22 DEATH.

23 ‘‘(a) IN GENERAL.—Whenever a United States cit24 izen or national dies abroad, a consular officer shall en25 deavor to notify, or assist the Secretary of State in noti-
25

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1 fying, the next of kin or legal guardian as soon as possible,

2 except that, in the case of death of any Peace Corps volun3 teer (within the meaning of section 5(a) of the Peace

4 Corps Act (22 U.S.C. 2504(a)), any member of the Armed

5 Forces, any dependent of such a volunteer or member, or

6 any Department of Defense employee, the consular officer

7 shall assist the Peace Corps or the appropriate military

8 authorities, as the case may be, in making such notifica9 tions.

10 ‘‘(b) REPORTS OF DEATH OR PRESUMPTIVE

11 DEATH.—The consular officer may, for any United States

12 citizen who dies abroad—

13 ‘‘(1) in the case of a finding of death by the ap14 propriate local authorities, issue a report of death or

15 of presumptive death; or

16 ‘‘(2) in the absence of a finding of death by the

17 appropriate local authorities, issue a report of pre18 sumptive death.

19 ‘‘(c) IMPLEMENTING REGULATIONS.—The Secretary

20 of State shall prescribe such regulations as may be nec21 essary to carry out this section.

22 ‘‘SEC. 43B. CONSERVATION AND DISPOSITION OF ESTATES.

23 ‘‘(a) CONSERVATION OF ESTATES ABROAD.—

24 ‘‘(1) AUTHORITY TO ACT AS CONSERVATOR.—

25 Whenever a United States citizen or national dies
26

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1 abroad, a consular officer shall act as the provisional

2 conservator of the portion of the decedent’s estate

3 located abroad and, subject to paragraphs (3), (4),

4 and (5), shall—

5 ‘‘(A) take possession of the personal effects

6 of the decedent within his jurisdiction;

7 ‘‘(B) inventory and appraise the personal

8 effects of the decedent, sign the inventory, and

9 annex thereto a certificate as to the accuracy of

10 the inventory and appraised value of each arti11 cle;

12 ‘‘(C) when appropriate in the exercise of

13 prudent administration, collect the debts due to

14 the decedent in the officer’s jurisdiction and

15 pay from the estate the obligations owed by the

16 decedent;

17 ‘‘(D) sell or dispose of, as appropriate, in

18 the exercise of prudent administration, all per19 ishable items of property;

20 ‘‘(E) sell, after reasonable public notice

21 and notice to such next of kin as can be

22 ascertained with reasonable diligence, such ad23 ditional items of property as necessary to pro24 vide funds sufficient to pay the decedent’s debts

25 and property taxes in the country of death, fu-
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1 neral expenses, and other expenses incident to

2 the disposition of the estate;

3 ‘‘(F) upon the expiration of the one-year

4 period beginning on the date of death (or after

5 such additional period as may be required for

6 final settlement of the estate), if no claimant

7 shall have appeared, after reasonable public no8 tice and notice to such next of kin as can be

9 ascertained with reasonable diligence, sell or

10 dispose of the residue of the personal estate, ex11 cept as provided in subparagraph (G), in the

12 same manner as United States Government13 owned foreign excess property;

14 ‘‘(G) transmit to the custody of the Sec15 retary of State in Washington, D.C. the pro16 ceeds of any sales, together with all financial in17 struments (including bonds, shares of stock,

18 and notes of indebtedness), jewelry, heirlooms,

19 and other articles of obvious sentimental value,

20 to be held in trust for the legal claimant; and

21 ‘‘(H) in the event that the decedent’s es22 tate includes an interest in real property located

23 within the jurisdiction of the officer and such

24 interest does not devolve by the applicable laws

25 of intestate succession or otherwise, provide for
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1 title to the property to be conveyed to the Gov2 ernment of the United States unless the Sec3 retary declines to accept such conveyance.

4 ‘‘(2) AUTHORITY TO ACT AS ADMINISTRATOR.—

5 Subject to paragraphs (3) and (4), a consular officer

6 may act as administrator of an estate in exceptional

7 circumstances if expressly authorized to do so by the

8 Secretary of State.

9 ‘‘(3) EXCEPTIONS.—The responsibilities de10 scribed in paragraphs (1) and (2) may not be per11 formed to the extent that the decedent has left or

12 there is otherwise appointed, in the country where

13 the death occurred or where the decedent was domi14 ciled, a legal representative, partner in trade, or

15 trustee appointed to take care of his personal estate.

16 If the decedent’s legal representative shall appear at

17 any time prior to transmission of the estate to the

18 Secretary and demand the proceeds and effects

19 being held by the consular officer, the officer shall

20 deliver them to the representative after having col21 lected any prescribed fee for the services performed

22 under this section.

23 ‘‘(4) ADDITIONAL REQUIREMENT.—In addition

24 to being subject to the limitations in paragraph (3),
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1 the responsibilities described in paragraphs (1) and

2 (2) may not be performed unless—

3 ‘‘(A) authorized by treaty provisions or

4 permitted by the laws or authorities of the

5 country wherein the death occurs, or the dece6 dent is domiciled; or

7 ‘‘(B) permitted by established usage in

8 that country.

9 ‘‘(5) STATUTORY CONSTRUCTION.—Nothing in

10 this section supersedes or otherwise affects the au11 thority of any military commander under title 10 of

12 the United States Code with respect to the person

13 or property of any decedent who died while under a

14 military command or jurisdiction or the authority of

15 the Peace Corps with respect to a Peace Corps vol16 unteer or the volunteer’s property.

17 ‘‘(b) DISPOSITION OF ESTATES BY THE SECRETARY

18 OF STATE.—

19 ‘‘(1) PERSONAL ESTATES.—

20 ‘‘(A) IN GENERAL.—After receipt of a per21 sonal estate pursuant to subsection (a), the

22 Secretary may seek payment of all outstanding

23 debts to the estate as they become due, may re24 ceive any balances due on such estate, may en25 dorse all checks, bills of exchange, promissory
30

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1 notes, and other instruments of indebtedness

2 payable to the estate for the benefit thereof,

3 and may take such other action as is reasonably

4 necessary for the conservation of the estate.

5 ‘‘(B) DISPOSITION AS SURPLUS UNITED

6 STATES PROPERTY.—If, upon the expiration of

7 a period of 5 fiscal years beginning on October

8 1 after a consular officer takes possession of a

9 personal estate under subsection (a), no legal

10 claimant for such estate has appeared, title to

11 the estate shall be conveyed to the United

12 States, the property in the estate shall be under

13 the custody of the Department of State, and

14 the Secretary shall dispose of the estate in the

15 same manner as surplus United States Govern16 ment-owned property is disposed or by such

17 means as may be appropriate in light of the na18 ture and value of the property involved. The ex19 penses of sales shall be paid from the estate,

20 and any lawful claim received thereafter shall

21 be payable to the extent of the value of the net

22 proceeds of the estate as a refund from the ap23 propriate Treasury appropriations account.

24 ‘‘(C) TRANSFER OF PROCEEDS.—The net

25 cash estate after disposition as provided in sub-
31

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1 paragraph (B) shall be transferred to the mis2 cellaneous receipts account of the Treasury of

3 the United States.

4 ‘‘(2) REAL PROPERTY.—

5 ‘‘(A) DESIGNATION AS EXCESS PROP6 ERTY.—In the event that title to real property

7 is conveyed to the Government of the United

8 States pursuant to subsection (a)(1)(H) and is

9 not required by the Department of State, such

10 property shall be considered foreign excess

11 property under title IV of the Federal Property

12 and Administrative Services Act of 1949 (40

13 U.S.C. 511 et seq.).

14 ‘‘(B) TREATMENT AS GIFT.—In the event

15 that the Department requires such property,

16 the Secretary of State shall treat such property

17 as if it were an unconditional gift accepted on

18 behalf of the Department of State under section

19 25 of this Act and section 9(a)(3) of the For20 eign Service Buildings Act of 1926.

21 ‘‘(c) LOSSES IN CONNECTION WITH THE CONSERVA22 TION OF ESTATES.—

23 ‘‘(1) AUTHORITY TO COMPENSATE.—The Sec24 retary is authorized to compensate the estate of any
32

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1 United States citizen who has died overseas for

2 property—

3 ‘‘(A) the conservation of which has been

4 undertaken under section 43 or subsection (a)

5 of this section; and

6 ‘‘(B) that has been lost, stolen, or de7 stroyed while in the custody of officers or em8 ployees of the Department of State.

9 ‘‘(2) LIABILITY.—

10 ‘‘(A) EXCLUSION OF PERSONAL LIABILITY

11 AFTER PROVISION OF COMPENSATION.—Any

12 such compensation shall be in lieu of personal

13 liability of officers or employees of the Depart14 ment of State.

15 ‘‘(B) LIABILITY TO THE DEPARTMENT.—

16 An officer or employee of the Department of

17 State may be liable to the Department of State

18 to the extent of any compensation provided

19 under paragraph (1).

20 ‘‘(C) DETERMINATIONS OF LIABILITY.—

21 The liability of any officer or employee of the

22 Department of State to the Department for any

23 payment made under subsection (a) shall be de24 termined pursuant to the Department’s proce-
33

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1 dures for determining accountability for United

2 States Government property.

3 ‘‘(d) REGULATIONS.—The Secretary of State may

4 prescribe such regulations as may be necessary to carry

5 out this section.’’.

6 (c) EFFECTIVE DATE.—The repeal and amendment

7 made by this section shall take effect six months after the

8 date of enactment of this Act.

9 SEC. 215. MAJOR DISASTERS AND OTHER INCIDENTS

10 ABROAD AFFECTING UNITED STATES CITI11 ZENS.

12 Section 43 of the State Department Basic Authorities

13 Act of 1956 (22 U.S.C. 2715) is amended—

14 (1) by inserting ‘‘(a) AUTHORITY.—’’ before

15 ‘‘In’’;

16 (2) by striking ‘‘disposition of personal effects’’

17 in the last sentence and inserting ‘‘disposition of

18 personal estates pursuant to section 43B’’; and

19 (3) by adding at the end the following new sub20 section:

21 ‘‘(b) DEFINITIONS.—For purposes of this section and

22 sections 43A and 43B, the term ‘consular officer’ includes

23 any United States citizen employee of the Department of

24 State who is designated by the Secretary of State to per-
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1 form consular services pursuant to such regulations as the

2 Secretary may prescribe.’’.

3 TITLE III—ORGANIZATION AND

4 PERSONNEL OF THE DEPART5 MENT OF STATE

6 Subtitle A—Organization Matters

7 SEC. 301. LEGISLATIVE LIAISON OFFICES OF THE DEPART8 MENT OF STATE.

9 (a) DEVELOPMENT OF PLAN.—The Secretary of

10 State shall develop a plan for the establishment of legisla11 tive liaison offices for the Department of State within the

12 office buildings of the House of Representatives and the

13 Senate. In developing the plan, the Secretary should exam14 ine existing liaison offices of other executive departments

15 that are located in the congressional office buildings, in16 cluding the liaison offices of the military services.

17 (b) PLAN ELEMENTS.—The plan developed under

18 subsection (a) shall consider—

19 (1) space requirements;

20 (2) cost implications;

21 (3) personnel structure; and

22 (4) the feasibility of modifying the Pearson Fel23 lowship program in order to require members of the

24 Foreign Service who serve in such fellowships to

25 serve a second year in a legislative liaison office.
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1 (c) TRANSMITTAL OF PLAN.—Not later than October

2 1, 1999, the Secretary of State shall submit to the Com3 mittee on International Relations and the Committee on

4 House Administration of the House of Representatives

5 and the Committee on Foreign Relations and the Com6 mittee on Rules and Administration of the Senate the plan

7 developed under subsection (a).

8 Subtitle B—Foreign Service

9 Reform

10 SEC. 311. FINDINGS.

11 Congress makes the following findings:

12 (1) To carry out its international relations and

13 diplomacy, the United States has relied on a profes14 sional career Foreign Service that was established by

15 law in 1924.

16 (2) The Foreign Service Act of 1980 accurately

17 states that the United States career foreign service

18 is essential to the national interest in that it assists

19 the President and the Secretary of State in con20 ducting the foreign affairs of the United States.

21 (3) The career Foreign Service is premised on

22 a membership that is characterized by excellence, in23 telligence, professionalism, and integrity.

24 (4) Ethical, professional, financial, and moral

25 misconduct by career members of the Foreign Serv-
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1 ice, while uncommon, must be met with fair but

2 swift disciplinary action. A failure to adequately dis3 cipline, and in some cases remove from the Foreign

4 Service, those career members who violate laws or

5 regulations would erode the qualities of excellence

6 required of United States Foreign Service members.

7 (5) Retention of members of the Foreign Serv8 ice who do not meet these high standards of conduct

9 would in the long term harm important national in10 terests of the United States.

11 SEC. 312. UNITED STATES CITIZENS HIRED ABROAD.

12 Section 408(a)(1) of the Foreign Service Act of 1980

13 (22 U.S.C. 3968(a)(1)) is amended in the last sentence—

14 (1) by striking ‘‘(A)’’ and all that follows

15 through ‘‘(B)’’; and

16 (2) by striking ‘‘this total compensation pack17 age’’ and insert ‘‘the compensation plan’’.

18 SEC. 313. LIMITATION ON PERCENTAGE OF SENIOR FOR19 EIGN SERVICE ELIGIBLE FOR PERFORMANCE

20 PAY.

21 Section 405(b)(1) of the Foreign Service Act of 1980

22 (22 U.S.C. 3965(b)(1)) is amended by striking ‘‘50’’ and

23 inserting ‘‘33’’.
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1 SEC. 314. PLACEMENT OF SENIOR FOREIGN SERVICE PER2 SONNEL.

3 The Director General of the Foreign Service shall

4 submit a report on the first day of each fiscal quarter to

5 the appropriate congressional committees containing the

6 following:

7 (1) The number of members of the Senior For8 eign Service.

9 (2) The number of vacant positions designated

10 for members of the Senior Foreign Service.

11 (3) The number of members of the Senior For12 eign Service who are not assigned to positions.

13 SEC. 315. REPORT ON MANAGEMENT TRAINING.

14 Not later than February 1, 2000, the Department of

15 State shall report to the appropriate congressional com16 mittees on the feasibility of modifying current training

17 programs and curricula so that the Department can pro18 vide significant and comprehensive management training

19 at all career grades for Foreign Service personnel.

20 SEC. 316. WORKFORCE PLANNING FOR FOREIGN SERVICE

21 PERSONNEL BY FEDERAL AGENCIES.

22 Section 601(c) of the Foreign Service Act of 1980

23 (22 U.S.C. 4001(c)) is amended by striking paragraph (4)

24 and inserting the following:

25 ‘‘(4) Not later than March 1, 2001, and every four

26 years thereafter, the Secretary of State shall submit a re-
38

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1 port to the Speaker of the House of Representatives and

2 to the Committee on Foreign Relations of the Senate

3 which shall include the following:

4 ‘‘(A) A description of the steps taken and

5 planned in furtherance of—

6 ‘‘(i) maximum compatibility among agen7 cies utilizing the Foreign Service personnel sys8 tem, as provided for in section 203, and

9 ‘‘(ii) the development of uniform policies

10 and procedures and consolidated personnel

11 functions, as provided for in section 204.

12 ‘‘(B) A workforce plan for the subsequent five

13 years, including projected personnel needs, by grade

14 and by skill. Each such plan shall include for each

15 category the needs for foreign language proficiency,

16 geographic and functional expertise, and specialist

17 technical skills. Each workforce plan shall specifi18 cally account for the training needs of Foreign Serv19 ice personnel and shall delineate an intake program

20 of generalist and specialist Foreign Service per21 sonnel to meet projected future requirements.

22 ‘‘(5) If there are substantial modifications to any

23 workforce plan under paragraph (4)(B) during any year

24 in which a report under paragraph (4) is not required,

25 a supplemental annual notification shall be submitted in
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1 the same manner as reports are required to be submitted

2 under paragraph (4).’’.

3 SEC. 317. RECORDS OF DISCIPLINARY ACTIONS.

4 (a) IN GENERAL.—Section 604 of the Foreign Serv5 ice Act of 1980 (22 U.S.C. 4004) is amended—

6 (1) by striking ‘‘CONFIDENTIALITY OF

7 RECORDS.—’’ and inserting ‘‘RECORDS.—(a)’’; and

8 (2) by adding at the end the following new sub9 section:

10 ‘‘(b) Notwithstanding subsection (a), any record of

11 disciplinary action taken against a member of the Service,

12 including any correction of that record under section

13 1107(b)(1), shall remain a part of the personnel records

14 until the member is tenured as a career member of the

15 Service or next promoted.’’.

16 (b) EFFECTIVE DATE.—The amendments made by

17 this section apply to all disciplinary actions initiated on

18 or after the date of enactment of this Act.

19 SEC. 318. LIMITATION ON SALARY AND BENEFITS FOR

20 MEMBERS OF THE FOREIGN SERVICE REC21 OMMENDED FOR SEPARATION FOR CAUSE.

22 Section 610(a) of the Foreign Service Act (22 U.S.C.

23 4010(a)) is amended by adding at the end the following

24 new paragraph:
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1 ‘‘(6) Notwithstanding the hearing required by para2 graph (2), at the time the Secretary recommends that a

3 member of the Service be separated for cause, that mem4 ber shall be placed on leave without pay pending final reso5 lution of the underlying matter, subject to reinstatement

6 with back pay if cause for separation is not established

7 in a hearing before the Board.’’.

8 SEC. 319. FOREIGN LANGUAGE PROFICIENCY.

9 (a) REPORT ON LANGUAGE PROFICIENCY.—Section

10 702 of the Foreign Service Act of 1980 (22 U.S.C. 4022)

11 is amended by adding at the end the following new sub12 section:

13 ‘‘(c) Not later than March 31 of each year, the Direc14 tor General of the Foreign Service shall submit a report

15 to the Committee on Foreign Relations of the Senate and

16 the Committee on International Relations of the House

17 of Representatives summarizing the number of positions

18 in each overseas mission requiring foreign language com19 petence that—

20 ‘‘(1) became vacant during the previous cal21 endar year; and

22 ‘‘(2) were filled by individuals having the re23 quired foreign language competence.’’.

24 (b) REPEAL.—Section 304(c) of the Foreign Service

25 Act of 1980 (22 U.S.C. 3944(c)) is repealed.
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1 SEC. 320. TREATMENT OF GRIEVANCE RECORDS.

2 Section 1103(d)(1) of the Foreign Service Act of

3 1980 (22 U.S.C. 4133(d)(1)) is amended by adding at the

4 end the following new sentence: ‘‘Nothing in this sub5 section prevents a grievant from placing in the grievant’s

6 personnel records a rebuttal to accompany a record of dis7 ciplinary action, nor prevents the Department from plac8 ing in the file a statement that the disciplinary action has

9 been reviewed and upheld by the Foreign Service Griev10 ance Board.’’.

11 SEC. 321. DEADLINES FOR FILING GRIEVANCES.

12 (a) IN GENERAL.—Section 1104(a) of the Foreign

13 Service Act of 1980 (22 U.S.C. 4134(a)) is amended in

14 the first sentence by striking ‘‘within a period of 3 years’’

15 and all that follows through the period and inserting ‘‘not

16 later than one year after the occurrence giving rise to the

17 grievance or, if the grievance arises from an employee’s

18 performance evaluation, not later than one year after the

19 date on which the employee ceased to be supervised by

20 the person who was the employee’s rater or reviewer in

21 that evaluation. The limitation in the preceding sentence

22 may not be extended by regulation.’’.

23 (b) GRIEVANCES ALLEGING DISCRIMINATION.—Sec24 tion 1104 of that Act (22 U.S.C. 4134) is amended by

25 striking subsection (c).
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1 (c) EFFECTIVE DATE.—The amendments made by

2 this section shall take effect 180 days after the date of

3 enactment of this Act and shall apply to grievances which

4 arise on or after such effective date.

5 SEC. 322. REPORTS BY THE FOREIGN SERVICE GRIEVANCE

6 BOARD.

7 Section 1105 of the Foreign Service Act of 1980 (22

8 U.S.C. 4135) is amended by adding the following new sub9 section:

10 ‘‘(f)(1) Not later than March 1 of each year, the

11 Chairman of the Foreign Service Grievance Board shall

12 prepare a report summarizing the activities of the Board

13 during the previous calendar year. The report shall

14 include—

15 ‘‘(A) the number of cases filed;

16 ‘‘(B) the types of cases filed;

17 ‘‘(C) the number of cases on which a final deci18 sion was reached, as well as data on the outcome of

19 cases, whether affirmed, reversed, settled, with20 drawn, or dismissed;

21 ‘‘(D) the number of oral hearings conducted

22 and the length of each such hearing;

23 ‘‘(E) the number of instances in which interim

24 relief was granted by the Board; and
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1 ‘‘(F) data on the average time for consideration

2 of a grievance, from the time of filing to a decision

3 of the Board.

4 ‘‘(2) The report required under paragraph (1) shall

5 be submitted to the Director General of the Foreign Serv6 ice and the Committee on Foreign Relations of the Senate

7 and the Committee on International Relations of the

8 House of Representatives.’’.

9 Subtitle C—Other Personnel

10 Matters

11 SEC. 331. BORDER EQUALIZATION PAY ADJUSTMENT.

12 (a) IN GENERAL.—Chapter 4 of title I of the Foreign

13 Service Act of 1980 (22 U.S.C. 3961 et seq.) is amended

14 by adding at the end the following new section:

15 ‘‘SEC. 414. BORDER EQUALIZATION PAY ADJUSTMENT.

16 ‘‘(a) IN GENERAL.—An employee who regularly com17 mutes from the employee’s place of residence in the conti18 nental United States to an official duty station in Canada

19 or Mexico shall receive a border equalization pay adjust20 ment equal to the amount of comparability payments

21 under section 5304 of title 5, United States Code, that

22 the employee would receive if the employee were assigned

23 to an official duty station within the United States locality

24 pay area closest to the employee’s official duty station.
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1 ‘‘(b) EMPLOYEE DEFINED.—For purposes of this

2 section, the term ‘employee’ means a person who—

3 ‘‘(1) is an ‘employee’ as defined under section

4 2105 of title 5, United States Code; and

5 ‘‘(2) is employed by the Department of State,

6 the United States Agency for International Develop7 ment, or the International Joint Commission of the

8 United States and Canada (established under Article

9 VII of the treaty signed January 11, 1909) (36

10 Stat. 2448), except that the term shall not include

11 members of the Service (as specified in section 103).

12 ‘‘(c) TREATMENT AS BASIC PAY.—An equalization

13 pay adjustment paid under this section shall be considered

14 to be part of basic pay for the same purposes for which

15 comparability payments are considered to be part of basic

16 pay under section 5304 of title 5, United States Code.

17 ‘‘(d) REGULATIONS.—The heads of the agencies re18 ferred to in subsection (b)(2) may prescribe regulations

19 to carry out this section.’’.

20 (b) CONFORMING AMENDMENT.—The table of con21 tents for the Foreign Service Act of 1980 is amended by

22 inserting after the item relating to section 413 the fol23 lowing new item:

‘‘Sec. 414. Border equalization pay adjustment.’’.
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1 SEC. 332. TREATMENT OF CERTAIN PERSONS REEMPLOYED

2 AFTER SERVICE WITH INTERNATIONAL OR3 GANIZATIONS.

4 (a) IN GENERAL.—Title 5 of the United States Code

5 is amended by inserting after section 8432b the following

6 new section:

7 ‘‘§ 8432c. Contributions of certain persons reem8 ployed after service with international

9 organizations

10 ‘‘(a) In this section, the term ‘covered person’ means

11 any person who—

12 ‘‘(1) transfers from a position of employment

13 covered by chapter 83 or 84 or subchapter I or II

14 of chapter 8 of the Foreign Service Act of 1980 to

15 a position of employment with an international orga16 nization pursuant to section 3582;

17 ‘‘(2) pursuant to section 3582 elects to retain

18 coverage, rights, and benefits under any system es19 tablished by law for the retirement of persons during

20 the period of employment with the international or21 ganization and currently deposits the necessary de22 ductions in payment for such coverage, rights, and

23 benefits in the system’s fund; and

24 ‘‘(3) is reemployed pursuant to section 3582(b)

25 to a position covered by chapter 83 or 84 or sub26 chapter I or II of chapter 8 of the Foreign Service
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1 Act of 1980 after separation from the international

2 organization.

3 ‘‘(b)(1) Each covered person may contribute to the

4 Thrift Savings Fund, in accordance with this subsection,

5 an amount not to exceed the amount described in para6 graph (2).

7 ‘‘(2) The maximum amount which a covered person

8 may contribute under paragraph (1) is equal to—

9 ‘‘(A) the total amount of all contributions under

10 section 8351(b)(2) or 8432(a), as applicable, which

11 the person would have made over the period begin12 ning on the date of transfer of the person (as de13 scribed in subsection (a)(1)) and ending on the day

14 before the date of reemployment of the person (as

15 described in subsection (a)(3)), minus

16 ‘‘(B) the total amount of all contributions, if

17 any, under section 8351(b)(2) or 8432(a), as appli18 cable, actually made by the person over the period

19 described in subparagraph (A).

20 ‘‘(3) Contributions under paragraph (1)—

21 ‘‘(A) shall be made at the same time and in the

22 same manner as would any contributions under sec23 tion 8351(b)(2) or 8432(a), as applicable;

24 ‘‘(B) shall be made over the period of time

25 specified by the person under paragraph (4)(B); and
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1 ‘‘(C) shall be in addition to any contributions

2 actually being made by the person during that pe3 riod under section 8351(b)(2) or 8432(a), as appli4 cable.

5 ‘‘(4) The Executive Director shall prescribe the time,

6 form, and manner in which a covered person may

7 specify—

8 ‘‘(A) the total amount the person wishes to con9 tribute with respect to any period described in para10 graph (2)(A); and

11 ‘‘(B) the period of time over which the covered

12 person wishes to make contributions under this sub13 section.

14 ‘‘(c) If a covered person who makes contributions

15 under section 8432(a) makes contributions under sub16 section (b), the agency employing the person shall make

17 those contributions to the Thrift Savings Fund on the per18 son’s behalf in the same manner as contributions are made

19 for an employee described in section 8432b(a) under sec20 tions 8432b(c), 8432b(d), and 8432b(f). Amounts paid

21 under this subsection shall be paid in the same manner

22 as amounts are paid under section 8432b(g).

23 ‘‘(d) For purposes of any computation under this sec24 tion, a covered person shall, with respect to the period de25 scribed in subsection (b)(2)(A), be considered to have been
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1 paid at the rate which would have been payable over such

2 period had the person remained continuously employed in

3 the position that the person last held before transferring

4 to the international organization.

5 ‘‘(e) For purposes of section 8432(g), a covered per6 son shall be credited with a period of civilian service equal

7 to the period beginning on the date of transfer of the per8 son (as described in subsection (a)(1)) and ending on the

9 day before the date of reemployment of the person (as de10 scribed in subsection (a)(3)).

11 ‘‘(f) The Executive Director shall prescribe regula12 tions to carry out this section.’’.

13 (b) CONFORMING AMENDMENT.—The table of sec14 tions for chapter 84 of title 5, United States Code, is

15 amended by inserting after the item relating to section

16 8432b the following:

‘‘8432c. Contributions of certain persons reemployed after service with international organizations.’’.

17 (c) EFFECTIVE DATE.—The amendment made by

18 subsection (a) shall apply to persons reemployed on or

19 after the date of enactment of this Act.

20 SEC. 333. HOME SERVICE TRANSFER ALLOWANCE.

21 Section 5922 of title 5, United States Code is amend22 ed by adding at the end the following new subsection:

23 ‘‘(f) Upon the death of an employee, a transfer allow24 ance under section 5924(2)(B) may be furnished to any
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1 spouse or dependent of such employee for the purpose of

2 returning such spouse or dependent to the United

3 States.’’.

4 SEC. 334. PARENTAL CHOICE IN EDUCATION.

5 Section 5924(4) of title 5, United States Code, is

6 amended—

7 (1) in subparagraph (A), by striking ‘‘between

8 that post and the nearest locality where adequate

9 schools are available,’’ and inserting ‘‘between that

10 post and the school chosen by the employee, not to

11 exceed the total cost to the Government of the de12 pendent attending an adequate school in the nearest

13 locality where an adequate school is available,’’; and

14 (2) by adding at the end the following new sub15 paragraph:

16 ‘‘(C) In those cases in which an adequate

17 school is available at the post of the employee,

18 if the employee chooses to educate the depend19 ent at a school away from post, the education

20 allowance which includes board and room, and

21 periodic travel between the post and the school

22 chosen, shall not exceed the total cost to the

23 Government of the dependent attending an ade24 quate school at the post of the employee.’’.
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1 SEC. 335. MEDICAL EMERGENCY ASSISTANCE.

2 Section 5927 of title 5, United States Code, is

3 amended—

4 (1) by inserting ‘‘(a)’’ before ‘‘Up’’; and

5 (2) by adding at the end the following:

6 ‘‘(b)(1) Subject to paragraph (2), up to three months’

7 pay may be paid in advance to—

8 ‘‘(A) a United States citizen employee of an

9 agency (other than a United States citizen employed

10 under section 311(a) of the Foreign Service Act of

11 1980 (22 U.S.C. 3951(a))—

12 ‘‘(i) who is assigned or located outside of

13 the United States pursuant to Government au14 thorization; and

15 ‘‘(ii) who must, or has a family member

16 who must, undergo outside of the United States

17 medical treatment of the nature specified in

18 regulations promulgated by the Secretary of

19 State; and

20 ‘‘(B) each foreign national employee appointed

21 under section 303 of the Foreign Service Act of

22 1980 (22 U.S.C. 3943) and each United States cit23 izen employed under section 311(a) of that Act (22

24 U.S.C. 3951(a)) who is not a family member of a

25 government employee assigned abroad—
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1 ‘‘(i) who is located outside of the country

2 of employment pursuant to United States Gov3 ernment authorization; and

4 ‘‘(ii) who must undergo outside the coun5 try of employment medical treatment of the na6 ture specified in regulations promulgated by the

7 Secretary of State.

8 ‘‘(2) Not more than 3 months pay may be advanced

9 to an employee with respect to any single illness or injury,

10 without regard to the number of courses of medical treat11 ment required by the employee.

12 ‘‘(3)(A) Subject to the adjustment of the account of

13 an employee under subparagraph (B) and other applicable

14 provisions of law, the amount paid to an employee in ad15 vance shall be equal to the rate of pay authorized with

16 respect to the employee on the date the advance payment

17 is made under agency procedures governing other advance

18 payments permitted under this subchapter.

19 ‘‘(B) The head of each agency shall provide for—

20 ‘‘(i) the review of the account of each employee

21 of the agency who receives any advance payment

22 under this section; and

23 ‘‘(ii) the recovery of the amount of pay or waiv24 er thereof.
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1 ‘‘(4) For the purposes of this subsection, the term

2 ‘country of employment’ means the country outside the

3 United States where the employee was appointed for em4 ployment or employed by the United States Government.’’.

5 SEC. 336. REPORT CONCERNING FINANCIAL DISADVAN6 TAGES FOR ADMINISTRATIVE AND TECH7 NICAL PERSONNEL.

8 (a) FINDINGS.—Congress finds that administrative

9 and technical personnel posted to United States missions

10 abroad who do not have diplomatic status suffer financial

11 disadvantages from their lack of such status.

12 (b) REPORT.—Not later than 1 year after the date

13 of the enactment of this Act, the Secretary of State shall

14 submit a report to the appropriate congressional commit15 tees concerning the extent to which administrative and

16 technical personnel posted to United States missions

17 abroad who do not have diplomatic status suffer financial

18 disadvantages from their lack of such status, including

19 proposals to alleviate such disadvantages.

20 TITLE IV—EMBASSY SECURITY

21 AND COUNTERTERRORISM

22 MEASURES

23 SEC. 401. SHORT TITLE.

24 This title may be cited as the ‘‘Secure Embassy Con25 struction and Counterterrorism Act of 1999’’.
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1 SEC. 402. FINDINGS.

2 Congress makes the following findings:

3 (1) On August 7, 1998, the United States em4 bassies in Nairobi, Kenya, and in Dar es Salaam,

5 Tanzania, were destroyed by simultaneously explod6 ing bombs. The resulting explosions killed 220 per7 sons and injured more than 4,000 others. Twelve

8 Americans and 40 Kenyan and Tanzanian employees

9 of the United States Foreign Service were killed in

10 the attack.

11 (2) The United States personnel in both Dar es

12 Salaam and Nairobi showed leadership and personal

13 courage in their response to the attacks. Despite the

14 havoc wreaked upon the embassies, staff in both em15 bassies provided rapid response in locating and res16 cuing victims, providing emergency assistance, and

17 quickly restoring embassy operations during a crisis.

18 (3) The bombs are believed to have been set by

19 individuals associated with Osama bin Laden, leader

20 of a known transnational terrorist organization. In

21 February 1998, bin Laden issued a directive to his

22 followers that called for attacks against United

23 States interests anywhere in the world.

24 (4) Following the bombings, additional threats

25 have been made against United States diplomatic fa26 cilities.
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1 (5) Accountability Review Boards were con2 vened following the bombings, as required by Public

3 Law 99–399, chaired by Admiral William J. Crowe,

4 United States Navy (Ret.) (in this section referred

5 to as the ‘‘Crowe panels’’).

6 (6) The conclusions of the Crowe panels were

7 strikingly similar to those stated by the Inman Com8 mission, which issued an extensive embassy security

9 report more than 14 years ago.

10 (7) The Crowe panels issued a report setting

11 out many problems with security at United States

12 diplomatic facilities, in particular the following:

13 (A) The United States Government has de14 voted inadequate resources to security against

15 terrorist attacks.

16 (B) The United States Government places

17 too low a priority on security concerns. The re18 sult has been a failure to take adequate steps

19 to prevent tragedies such as the bombings in

20 Kenya and Tanzania.

21 (8) The Crowe panels found that there was an

22 institutional failure on the part of the Department

23 of State to recognize threats posed by transnational

24 terrorism and vehicular bombs.
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1 (9) Responsibility for ensuring adequate re2 sources for security programs is widely shared

3 throughout the United States Government, including

4 Congress. Unless the vulnerabilities identified by the

5 Crowe panels are addressed in a sustained and fi6 nancially realistic manner, the lives and safety of

7 United States employees in diplomatic facilities will

8 continue to be at risk from further terrorist attacks.

9 (10) Although service in the Foreign Service or

10 other United States Government positions abroad

11 can never be completely without risk, the United

12 States Government must take all reasonable steps to

13 minimize security risks.

14 SEC. 403. UNITED STATES DIPLOMATIC FACILITY DEFINED.

15 In this title, the terms ‘‘United States diplomatic fa16 cility’’ and ‘‘diplomatic facility’’ mean any chancery, lega17 tion, consulate, or other office building used by a United

18 States diplomatic mission or consular post or by personnel

19 of any agency of the United States abroad, except that

20 those terms do not include any facility under the command

21 of a United States area commander.

22 SEC. 404. AUTHORIZATIONS OF APPROPRIATIONS.

23 (a) ESTABLISHMENT OF ACCOUNT.—There is estab24 lished in the general fund of the Treasury of the United

25 States an appropriations account for the Department of
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1 State which shall be known as the ‘‘Embassy Construction

2 and Security’’ account.

3 (b) PURPOSES.—Funds made available under the

4 ‘‘Embassy Construction and Security’’ account may be

5 used only for the purposes of—

6 (1) the acquisition or construction of United

7 States diplomatic facilities and, if necessary, any

8 residences or other structures located in close phys9 ical proximity to such facilities, or

10 (2) the provision of major security enhance11 ments to United States diplomatic facilities,

12 necessary to bring the United States Government into

13 compliance with all requirements applicable to the security

14 of United States diplomatic facilities, including the rel15 evant requirements set forth in section 406.

16 (c) AUTHORIZATIONS OF APPROPRIATIONS.—

17 (1) IN GENERAL.—There are authorized to be

18 appropriated to the Department of State under

19 ‘‘Embassy Construction and Security’’—

20 (A) for fiscal year 2000, $600,000,000;

21 (B) for fiscal year 2001, $600,000,000;

22 (C) for fiscal year 2002, $600,000,000;

23 (D) for fiscal year 2003, $600,000,000;

24 and

25 (E) for fiscal year 2004, $600,000,000.
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1 (2) AVAILABILITY OF AUTHORIZATIONS.—Au2 thorizations of appropriations under paragraph (1)

3 shall remain available until the appropriations are

4 made.

5 (3) AVAILABILITY OF FUNDS.—Amounts appro6 priated pursuant to paragraph (1) are authorized to

7 remain available until expended.

8 SEC. 405. OBLIGATIONS AND EXPENDITURES.

9 (a) REPORT AND PRIORITY OF OBLIGATIONS.—

10 (1) REPORT.—Not later than 90 days after the

11 date of enactment of this Act, and on February 1

12 of each year for 5 years thereafter, the Secretary of

13 State shall submit a classified report to the appro14 priate congressional committees identifying each dip15 lomatic facility that is a priority for replacement or

16 for any major security enhancement because of its

17 vulnerability to terrorist attack (by reason of the

18 terrorist threat and the current condition of the fa19 cility). The report shall list such facilities in groups

20 of 20. The groups shall be ranked in order from

21 most vulnerable to least vulnerable to such an at22 tack.

23 (2) PRIORITY ON USE OF FUNDS.—

24 (A) IN GENERAL.—Except as provided in

25 subparagraph (B), funds made available in the
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1 ‘‘Embassy Construction and Security’’ account

2 for a particular project may be used only for

3 those facilities which are listed in the first four

4 groups described in paragraph (1).

5 (B) EXCEPTIONS.—Funds made available

6 in the ‘‘Embassy Construction and Security’’

7 account may be used for facilities which are not

8 in the first four groups, if the Secretary of

9 State certifies to the appropriate congressional

10 committees that such use of the funds is in the

11 national interest of the United States.

12 (b) CONGRESSIONAL NOTIFICATION REQUIRED

13 PRIOR TO TRANSFER OF FUNDS.—Prior to the transfer

14 of funds from the ‘‘Embassy Construction and Security’’

15 account to any other account, the Secretary of State shall

16 notify the appropriate congressional committees in accord17 ance with the procedures applicable to a reprogramming

18 of funds under section 34(a) of the State Department

19 Basic Authorities Act of 1956 (22 U.S.C. 2706(a)).

20 (c) SEMIANNUAL REPORTS ON CONSTRUCTION AND

21 MAJOR SECURITY UPGRADES.—On June 1 and December

22 1 of each year, the Secretary of State shall submit a report

23 to the appropriate congressional committees on the em24 bassy security and construction program authorized under

25 this title. The report shall include—
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1 (1) obligations and expenditures—

2 (A) during the previous six months; and

3 (B) since the establishment of the ‘‘Em4 bassy Construction and Security’’ account;

5 (2) projected obligations and expenditures dur6 ing the four fiscal quarters following the submission

7 of the report, and how these obligations and expend8 itures will improve security conditions of specific

9 diplomatic facilities; and

10 (3) the status of ongoing acquisition, construc11 tion, and major security enhancement projects, in12 cluding any significant changes in—

13 (A) the anticipated budgetary requirements

14 for such projects;

15 (B) the anticipated schedule of such

16 projects; and

17 (C) the anticipated scope of the projects.

18 SEC. 406. SECURITY REQUIREMENTS FOR UNITED STATES

19 DIPLOMATIC FACILITIES.

20 (a) IN GENERAL.—The following security require21 ments shall apply with respect to United States diplomatic

22 facilities:

23 (1) THREAT ASSESSMENTS.—

24 (A) EMERGENCY ACTION PLAN.—The

25 Emergency Action Plan (EAP) of each United
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1 States mission shall address the threat of large

2 explosive attacks from vehicles and the safety of

3 employees during such an explosive attack.

4 (B) SECURITY ENVIRONMENT THREAT

5 LIST.—The Security Environment Threat List

6 shall contain a section that addresses potential

7 acts of international terrorism against United

8 States diplomatic facilities based on threat

9 identification criteria that emphasize the threat

10 of transnational terrorism and include the local

11 security environment, host government support,

12 and other relevant factors such as cultural re13 alities.

14 (2) SITE SELECTION.—

15 (A) IN GENERAL.—In selecting sites for

16 new United States diplomatic facilities abroad,

17 all personnel of United States Government

18 agencies except those under the command of a

19 United States area military commander shall be

20 located on the same compound.

21 (B) WAIVER.—

22 (i) IN GENERAL.—The Secretary of

23 State may waive subparagraph (A) if—

24 (I) the Secretary determines and

25 certifies to the appropriate congres-
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1 sional committees that it is in the na2 tional interest of the United States to

3 do so; and

4 (II) the Secretary provides the

5 appropriate congressional committees

6 in writing the reasons justifying the

7 determination under subclause (I).

8 (ii) AUTHORITY NOT DELEGABLE.—

9 The Secretary may not delegate the au10 thority provided in clause (i).

11 (C) CONGRESSIONAL NOTIFICATION.—Any

12 waiver under this paragraph may be exercised

13 only on a date that is at least 15 days after no14 tification of the intention to waive this para15 graph has been provided to the appropriate con16 gressional committees.

17 (3) PERIMETER DISTANCE.—

18 (A) REQUIREMENT.—Each newly con19 structed or acquired United States diplomatic

20 facility shall be sited not less than 100 feet

21 from the perimeter of the property on which the

22 facility is to be situated.

23 (B) WAIVER.—

24 (i) IN GENERAL.—The Secretary of

25 State may waive subparagraph (A) if—
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1 (I) the Secretary determines and

2 certifies to the appropriate congres3 sional committees that it is in the na4 tional interest of the United States to

5 do so; and

6 (II) the Secretary provides the

7 appropriate congressional committees

8 in writing the reasons justifying the

9 determination under subclause (I).

10 (ii) AUTHORITY NOT DELEGABLE.—

11 The Secretary may not delegate the au12 thority provided in clause (i).

13 (4) CRISIS MANAGEMENT TRAINING.—

14 (A) TRAINING OF HEADQUARTERS

15 STAFF.—The appropriate personnel of the De16 partment of State headquarters staff shall un17 dertake crisis management training for mass

18 casualty and mass destruction incidents relating

19 to diplomatic facilities for the purpose of bring20 ing about a rapid response to such incidents

21 from Department of State headquarters in

22 Washington, D.C.

23 (B) TRAINING OF PERSONNEL ABROAD.—

24 A program of appropriate instruction in crisis
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1 management shall be provided to personnel at

2 United States diplomatic facilities abroad.

3 (5) STATE DEPARTMENT SUPPORT.—

4 (A) FOREIGN EMERGENCY SUPPORT

5 TEAM.—The Foreign Emergency Support Team

6 (FEST) of the Department of State shall re7 ceive sufficient support from the Department,

8 including—

9 (i) conducting routine training exer10 cises of the FEST;

11 (ii) providing personnel identified to

12 serve on the FEST as a collateral duty;

13 (iii) providing personnel to assist in

14 activities such as security, medical relief,

15 public affairs, engineering, and building

16 safety; and

17 (iv) providing such additional support

18 as may be necessary to enable the FEST

19 to provide support in a post-crisis environ20 ment involving mass casualties and phys21 ical damage.

22 (B) FEST AIRCRAFT.—

23 (i) REPLACEMENT AIRCRAFT.—The

24 President shall develop a plan to replace

25 on a priority basis the current FEST air-
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1 craft funded by the Department of Defense

2 with a dedicated, capable, and reliable re3 placement aircraft and backup aircraft, to

4 be operated and maintained by the Depart5 ment of Defense.

6 (ii) REPORT.—Not later than 60 days

7 after the date of enactment of this Act, the

8 President shall submit a report to the ap9 propriate congressional committees describ10 ing the aircraft selected pursuant to clause

11 (i) and the arrangements for the funding,

12 operation, and maintenance of that air13 craft.

14 (6) RAPID RESPONSE PROCEDURES.—The Sec15 retary of State shall enter into a memorandum of

16 understanding with the Secretary of Defense setting

17 out rapid response procedures for mobilization of

18 personnel and equipment of their respective depart19 ments to provide more effective assistance in times

20 of emergency with respect to United States diplo21 matic facilities.

22 (7) STORAGE OF EMERGENCY EQUIPMENT AND

23 RECORDS.—All United States diplomatic facilities

24 shall have emergency equipment and records re-
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1 quired in case of an emergency situation stored at

2 an off-site facility.

3 (b) STATUTORY CONSTRUCTION.—Nothing in this

4 section alters or amends existing security requirements

5 not addressed by this section.

6 SEC. 407. CLOSURE OF VULNERABLE POSTS.

7 (a) REVIEW.—The Secretary of State shall review the

8 findings of the Overseas Presence Advisory Panel.

9 (b) REPORT.—

10 (1) IN GENERAL.—Not later than 120 days

11 after submission of the Overseas Presence Panel Re12 port, the Secretary of State shall submit a report to

13 Congress setting forth the results of the review con14 ducted under subsection (a).

15 (2) ELEMENTS OF THE REPORT.—The report

16 shall—

17 (A) specify whether any United States dip18 lomatic facility should be closed because—

19 (i) the facility is highly vulnerable and

20 subject to threat of terrorist attack; and

21 (ii) adequate security enhancements

22 cannot be provided to the facility;

23 (B) in the event that closure of a diplo24 matic facility is required, identify plans to pro25 vide secure premises for permanent use by the
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1 United States diplomatic mission, whether in

2 country or in a regional United States diplo3 matic facility, or for temporary occupancy by

4 the mission in a facility pending acquisition or

5 construction of new buildings;

6 (C) outline the potential for reduction or

7 transfer of personnel or closure of missions if

8 technology is adequately exploited for maximum

9 efficiencies;

10 (D) examine the possibility of creating re11 gional missions in certain parts of the world;

12 and

13 (E) in the case of class 3 and 4 missions,

14 report on the foreign policy objectives served by

15 retaining such missions, balancing the impor16 tance of these objectives against the well-being

17 of United States personnel.

18 SEC. 408. ACCOUNTABILITY REVIEW BOARDS.

19 Section 301 of the Omnibus Diplomatic Security and

20 Antiterrorism Act of 1986 (22 U.S.C. 4831) is amended—

21 (1) in the first sentence, by inserting ‘‘(a)’’ be22 fore ‘‘In’’;

23 (2) by inserting after the first sentence of sub24 section (a) (as designated by paragraph (1)) the fol25 lowing new sentence: ‘‘The Secretary shall convene a
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1 Board not later than 60 days after the occurrence

2 of the injury, loss of life, destruction of property, or

3 breach of security described in the preceding sen4 tence, except that such 60-day period may be ex5 tended for two additional 30-day periods if the Sec6 retary determines that the additional period is nec7 essary for the convening of the Board.’’; and

8 (3) by adding at the end the following:

9 ‘‘(b) Whenever the Secretary convenes a Board, the

10 Secretary shall promptly inform the chairman of the Com11 mittee on Foreign Relations of the Senate and the Speaker

12 of the House of Representatives—

13 ‘‘(1) that a Board has been convened;

14 ‘‘(2) the membership of the Board; and

15 ‘‘(3) other appropriate information about the

16 Board.’’.

17 SEC. 409. AWARDS OF FOREIGN SERVICE STARS.

18 The State Department Basic Authorities Act of 1956

19 is amended by inserting after section 36 (22 U.S.C. 2708)

20 the following new section:

21 ‘‘SEC. 36A. AWARDS OF FOREIGN SERVICE STARS.

22 ‘‘(a) AUTHORITY TO AWARD.—The President, upon

23 the recommendation of the Secretary, may award a For24 eign Service star to any member of the Foreign Service

25 or any other civilian employee of the Government of the
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1 United States who, after August 1, 1998, while employed

2 at, or assigned permanently or temporarily to, an official

3 mission overseas or while traveling abroad on official busi4 ness, incurred a wound or other injury or an illness

5 (whether or not the wound, other injury, or illness resulted

6 in death) in a case described in subsection (b)—

7 ‘‘(1) as the person was performing official du8 ties;

9 ‘‘(2) as the person was on the premises of a

10 United States mission abroad; or

11 ‘‘(3) by reason of the person’s status as a

12 United States Government employee.

13 ‘‘(b) CASES RESULTING FROM UNLAWFUL CON14 DUCT.—Cases covered by subsection (a) include cases of

15 wounds or other injuries incurred as a result of terrorist

16 or military action, civil unrest, or criminal activities di17 rected at any facility of the Government of the United

18 States.

19 ‘‘(c) SELECTION CRITERIA.—The Secretary shall pre20 scribe the procedures for identifying and considering per21 sons eligible for award of a Foreign Service star and for

22 selecting the persons to be recommended for the award.

23 ‘‘(d) AWARD IN THE EVENT OF DEATH.—If a person

24 selected for award of a Foreign Service star dies before

25 being presented the award, the award may be made and
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1 the star presented to the person’s family or to the person’s

2 representative, as designated by the President.

3 ‘‘(e) FORM OF AWARD.—The Secretary shall pre4 scribe the design of the Foreign Service star. The award

5 may not include a stipend or any other cash payment.

6 ‘‘(f) FUNDING.—Any expenses incurred in awarding

7 a person a Foreign Service star may be paid out of appro8 priations available at the time of the award for personnel

9 of the department or agency of the United States Govern10 ment in which the person was employed when the person

11 incurred the wound, injury, or illness upon which the

12 award is based.’’.

13 TITLE V—UNITED STATES

14 INTERNATIONAL BROAD15 CASTING ACTIVITIES

16 SEC. 501. AUTHORIZATIONS OF APPROPRIATIONS.

17 (a) IN GENERAL.—The following amounts are au18 thorized to be appropriated to carry out the United States

19 International Broadcasting Act of 1994, the Radio Broad20 casting to Cuba Act, and the Television Broadcasting to

21 Cuba Act, and to carry out other authorities in law con22 sistent with such purposes:

23 (1) INTERNATIONAL BROADCASTING ACTIVI24 TIES.—For ‘‘International Broadcasting Activities’’,
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1 $408,979,000 for the fiscal year 2000, and

2 $408,979,000 for the fiscal year 2001.

3 (2) RADIO CONSTRUCTION.—For ‘‘Radio Con4 struction’’, $20,868,000 for the fiscal year 2000,

5 and $20,868,000 for the fiscal year 2001.

6 (3) BROADCASTING TO CUBA.—For ‘‘Broad7 casting to Cuba’’, $22,743,000 for the fiscal year

8 2000 and $22,743,000 for the fiscal year 2001.

9 SEC. 502. REAUTHORIZATION OF RADIO FREE ASIA.

10 Section 309 of the United States International

11 Broadcasting Act of 1994 (22 U.S.C. 6208) is amended—

12 (1) by striking subsection (c);

13 (2) by redesignating subsections (d), (e), (f),

14 (g), (h), and (i) as subsections (c), (d), (e), (f), (g),

15 and (h), respectively;

16 (3) in subsection (c) (as redesignated by para17 graph (2))—

18 (A) in paragraph (1)—

19 (i) by striking ‘‘(A)’’; and

20 (ii) by striking subparagraph (B);

21 (B) in paragraph (2), by striking ‘‘Sep22 tember 30, 1999’’ and inserting ‘‘September 30,

23 2005’’;

24 (C) in paragraph (4), by striking

25 ‘‘$22,000,000 in any fiscal year’’ and inserting
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1 ‘‘$28,000,000 in each of the fiscal years 2000

2 and 2001’’;

3 (D) by striking paragraph (5); and

4 (E) by redesignating paragraph (6) as

5 paragraph (5); and

6 (4) by amending subsection (f) (as redesignated

7 by paragraph (2)) to read as follows:

8 ‘‘(f) SUNSET PROVISION.—The Board may not make

9 any grant for the purpose of operating Radio Free Asia

10 after September 30, 2005.’’.

11 SEC. 503. NOMINATION REQUIREMENTS FOR THE CHAIR12 MAN OF THE BROADCASTING BOARD OF GOV13 ERNORS.

14 Section 304(b)(2) of the Foreign Relations Author15 ization Act, Fiscal Years 1994 and 1995 (22 U.S.C. 6203

16 (b)(2)), is amended—

17 (1) by striking ‘‘designate’’ and inserting ‘‘ap18 point’’; and

19 (2) by adding at the end the following: ‘‘, sub20 ject to the advice and consent of the Senate’’.
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1 TITLE VI—ARMS CONTROL, NON2 PROLIFERATION, AND NA3 TIONAL SECURITY

4 SEC. 601. SHORT TITLE.

5 This title may be cited as the ‘‘Arms Control, Non6 proliferation, and National Security Act of 1999’’.

7 SEC. 602. DEFINITIONS.

8 In this title:

9 (1) ASSISTANT SECRETARY.—The term ‘‘Assist10 ant Secretary’’ means the position of Assistant Sec11 retary of State for Verification and Compliance des12 ignated under section 612.

13 (2) CONVENTION ON NUCLEAR SAFETY.—The

14 term ‘‘Convention on Nuclear Safety’’ means the

15 Convention on Nuclear Safety, done at Vienna on

16 September 20, 1994 (Senate Treaty Document 104–

17 6).

18 (3) EXECUTIVE AGENCY.—The term ‘‘Executive

19 agency’’ has the meaning given the term in section

20 105 of title 5, United States Code.

21 (4) INTELLIGENCE COMMUNITY.—The term

22 ‘‘intelligence community’’ has the meaning given the

23 term in section 3(4) of the National Security Act of

24 1947 (50 U.S.C. 401a(4)).
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1 (5) START TREATY OR TREATY.—The term

2 ‘‘START Treaty’’ or ‘‘Treaty’’ means the Treaty

3 With the Union of Soviet Socialist Republics on the

4 Reduction and Limitation of Strategic Offensive

5 Arms, including all agreed statements, annexes, pro6 tocols, and memoranda, signed at Moscow on July

7 31, 1991.

8 (6) START II TREATY.—The term ‘‘START II

9 Treaty’’ means the Treaty Between the United

10 States of America and the Russian Federation on

11 Further Reduction and Limitation of Strategic Of12 fensive Arms, and related protocols and memo13 randum of understanding, signed at Moscow on Jan14 uary 3, 1993.

15 (7) APPROPRIATE COMMITTEES OF CON16 GRESS.—The term ‘‘appropriate committees of Con17 gress’’ means the Committee on International Rela18 tions and the Permanent Select Committee on Intel19 ligence of the House of Representatives and the

20 Committee on Foreign Relations and the Select

21 Committee on Intelligence of the Senate.
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1 Subtitle A—Arms Control

2 CHAPTER 1—EFFECTIVE VERIFICATION

3 OF COMPLIANCE WITH ARMS CON4 TROL AGREEMENTS

5 SEC. 611. KEY VERIFICATION ASSETS FUND.

6 (a) IN GENERAL.—The Secretary of State is author7 ized to transfer funds available to the Department of State

8 under this section to the Department of Defense, Depart9 ment of Energy, or any agency, entity, or other component

10 of the intelligence community, as needed, for retaining, re11 searching, developing, or acquiring technologies or pro12 grams relating to the verification of arms control, non13 proliferation and disarmament agreements or commit14 ments.

15 (b) PROHIBITION ON REPROGRAMMING.—Notwith16 standing any other provision of law, funds made available

17 to carry out this section may not be used for any purpose

18 other than the purposes specified in subsection (a).

19 (c) FUNDING.—Of the funds available to the Depart20 ment of State for the fiscal years 2000 and 2001, not to

21 exceed $5,000,000 for each such fiscal year shall be made

22 available to carry out subsection (a).

23 (d) DESIGNATION OF FUND.—Amounts made avail24 able under subsection (c) may be referred to as the ‘‘Key

25 Verification Assets Fund’’.
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1 SEC. 612. ASSISTANT SECRETARY OF STATE FOR

2 VERIFICATION AND COMPLIANCE.

3 (a) DESIGNATION OF POSITION.—The Secretary of

4 State shall designate one of the Assistant Secretaries of

5 State authorized by section 1(c)(1) of the State Depart6 ment Basic Authorities Act of 1956 (22 U.S.C.

7 2651a(c)(1)) as the Assistant Secretary of State for

8 Verification and Compliance. The Assistant Secretary

9 shall report to the Under Secretary of State for Arms Con10 trol and International Security.

11 (b) DIRECTIVE GOVERNING THE ASSISTANT SEC12 RETARY OF STATE.—

13 (1) IN GENERAL.—Not later than 30 days after

14 the date of enactment of this Act, the Secretary of

15 State shall issue a directive governing the position of

16 Assistant Secretary.

17 (2) ELEMENTS OF THE DIRECTIVE.—The direc18 tive issued under paragraph (1) shall set forth, con19 sistent with this section—

20 (A) the duties of the Assistant Secretary;

21 (B) the relationships between the Assistant

22 Secretary and other officials of the Department

23 of State;

24 (C) any delegation of authority from the

25 Secretary of State to the Assistant Secretary;

26 and
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1 (D) such other matters as the Secretary

2 considers appropriate.

3 (c) DUTIES.—

4 (1) IN GENERAL.—The Assistant Secretary

5 shall have as his principal responsibility the overall

6 supervision (including oversight of policy and re7 sources) within the Department of State of all mat8 ters relating to verification and compliance with

9 international arms control, nonproliferation, and dis10 armament agreements or commitments.

11 (2) PARTICIPATION OF THE ASSISTANT SEC12 RETARY.—

13 (A) PRIMARY ROLE.—Except as provided

14 in subparagraphs (B) and (C), the Assistant

15 Secretary, or his designee, shall participate in

16 all interagency groups or organizations within

17 the executive branch of Government that assess,

18 analyze, or review United States planned or on19 going policies, programs, or actions that have a

20 direct bearing on verification or compliance

21 matters, including interagency intelligence com22 mittees concerned with the development or ex23 ploitation of measurement or signals intel24 ligence or other national technical means of

25 verification.
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1 (B) REQUIREMENT FOR DESIGNATION.—

2 Subparagraph (A) shall not apply to groups or

3 organizations on which the Secretary of State

4 or the Undersecretary of State for Arms Con5 trol and International Security sits, unless such

6 official designates the Assistant Secretary to at7 tend in his stead.

8 (C) NATIONAL SECURITY LIMITATION.—

9 (i) The President may waive the pro10 visions of subparagraph (A) if inclusion of

11 the Assistant Secretary would not be in the

12 national security interests of the United

13 States.

14 (ii) With respect to an interagency

15 group or organization, or meeting thereof,

16 working with exceptionally sensitive infor17 mation contained in compartments under

18 the control of the Director of Central Intel19 ligence, the Secretary of Defense, or the

20 Secretary of Energy, such Director or Sec21 retary, as the case may be, may waive the

22 provision of subparagraph (A) if inclusion

23 of the Assistant Secretary would not be in

24 the national security interests of the

25 United States.
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1 (iii) Any waiver of participation under

2 clause (i) or (ii) shall be transmitted in

3 writing to the appropriate committees of

4 Congress.

5 (3) RELATIONSHIP TO THE INTELLIGENCE

6 COMMUNITY.—The Assistant Secretary shall be the

7 principal liaison between the policy community and

8 the intelligence community on verification and com9 pliance matters.

10 (4) REPORTING RESPONSIBILITIES.—The As11 sistant Secretary shall have responsibility within the

12 Department of State for—

13 (A) all reports required pursuant to section

14 37 of the Arms Control and Disarmament Act

15 (22 U.S.C. 2577);

16 (B) so much of the report required under

17 paragraphs (5) through (10) of section 51(a) of

18 the Arms Control and Disarmament Act (22

19 U.S.C. 2593a(a)) as relates to verification or

20 compliance matters; and

21 (C) other reports being prepared by the

22 Department of State as of the date of enact23 ment of this Act relating to arms control, non24 proliferation, or disarmament verification or

25 compliance matters.
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1 SEC. 613. ENHANCED ANNUAL (‘‘PELL’’) REPORT.

2 Section 51(a) of the Arms Control and Disarmament

3 Act (22 U.S.C. 2593a(a)) is amended—

4 (1) by striking ‘‘and’’ at the end of paragraph

5 (6);

6 (2) by striking the period at the end of para7 graph (7) and inserting a semicolon;

8 (3) in paragraph (6), by inserting:

9 (A) ‘‘or commitments, including the Missile

10 Technology Control Regime,’’ after ‘‘agree11 ments’’ the first time it appears;

12 (B) ‘‘or commitments’’ after ‘‘agreements’’

13 the second time it appears; and

14 (C) ‘‘or commitment’’ after ‘‘agreement’’;

15 (4) by adding at the end the following:

16 ‘‘(8) a specific identification, to the maximum

17 extent practicable in unclassified form, of each and

18 every question that exists with respect to compliance

19 by other countries with arms control, nonprolifera20 tion, and disarmament agreements with the United

21 States.’’; and

22 (5) by adding at the end the following new sub23 section:

24 ‘‘(d) Each report shall include a discussion of each

25 significant issue contained in a previous report issued dur26 ing 1995, or after December 31, 1995, pursuant to para-
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1 graph (6), until the question or concern has been resolved

2 and such resolution has been reported to the appropriate

3 committees of Congress (as defined in section 601(7) of

4 the Foreign Relations Authorization Act, Fiscal Years

5 2000 and 2001) in detail.’’.

6 SEC. 614. REPORT ON START AND START II TREATIES MONI7 TORING ISSUES.

8 (a) REPORT.—Not later than 180 days after the date

9 of enactment of this Act, the Director of Central Intel10 ligence shall submit a detailed classified report to the ap11 propriate committees of Congress including the following:

12 (1) A comprehensive identification of all moni13 toring activities associated with the START and

14 START II treaties.

15 (2) The specific intelligence community assets

16 and capabilities, including analytical capabilities,

17 that the Senate was informed, prior to the Senate

18 giving its advice and consent to ratification of the

19 treaties, would be necessary to accomplish those ac20 tivities.

21 (3) An identification of the extent to which

22 those assets and capabilities have, or have not, been

23 attained or retained, and the corresponding effect

24 this has had upon United States monitoring con25 fidence levels.
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1 (4) An assessment of any Russian activities re2 lating to the START Treaty which have had an im3 pact upon the ability of the United States to monitor

4 Russian adherence to the Treaty.

5 (b) COMPARTMENTED ANNEX.—Exceptionally sen6 sitive, compartmented information in the report required

7 by this section may be provided in a compartmented annex

8 submitted to the Select Committee on Intelligence of the

9 Senate and the Permanent Select Committee on Intel10 ligence of the House of Representatives.

11 SEC. 615. STANDARDS FOR VERIFICATION.

12 (a) DEFINITIONS.—It is the sense of the Senate that

13 the following terms when used in publications of the

14 United States Government, or in oral representations by

15 officials of the United States Government, should have the

16 following meanings:

17 (1) EFFECTIVELY VERIFIABLE.—The term ‘‘ef18 fectively verifiable’’ means that the requirements of

19 subparagraphs (A) and (B) are met, as follows:

20 (A) The Director of Central Intelligence

21 has certified to the President that the intel22 ligence community has a high degree of con23 fidence, with respect to a particular treaty or

24 other agreement, in its ability to detect any

25 militarily significant violation of the treaty or
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1 other agreement in a timely fashion, and to de2 tect patterns of marginal violation over time. In

3 determining the intelligence community’s con4 fidence, the Director should assume that all

5 measures of concealment could be employed and

6 that standard practices could be altered so as to

7 impede monitoring.

8 (B) The Secretaries of State and Defense

9 and the Chairman of the Joint Chiefs of Staff

10 have certified to the President that they have a

11 high degree of confidence, with respect to a par12 ticular treaty or other agreement, that the

13 United States will be able to reach a legal and

14 technical determination regarding any militarily

15 significant violation of the treaty or other

16 agreement in a timely fashion, and to reach

17 such a determination regarding patterns of

18 marginal violation, once detected. In deter19 mining the level of confidence under this sub20 paragraph, the Secretaries of State and Defense

21 and the Chairman of the Joint Chiefs of Staff

22 should assume that all measures of concealment

23 could be employed and that standard practices

24 could be altered so as to impede monitoring.
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1 (2) MILITARILY SIGNIFICANT VIOLATION.—The

2 Chairman of the Joint Chiefs of Staff, in consulta3 tion with the Secretary of Defense, shall have sole

4 responsibility for determining with specificity, for

5 purposes of any treaty or other international agree6 ment having implications for the national security of

7 the United States, what constitutes a militarily sig8 nificant violation. In making such a determination,

9 the Chairman should give great weight to his judg10 ment that the violation could pose a threat to the

11 national security interests of the United States.

12 (3) TIMELY FASHION DEFINED.—In this sec13 tion, the term ‘‘timely fashion’’ means in sufficient

14 time for the United States to take remedial action

15 to safeguard the national security.

16 (b) CONFORMING AMENDMENTS.—Section 37(a) of

17 the Arms Control and Disarmament Act (22 U.S.C.

18 2577(a)) is amended—

19 (1) by striking ‘‘adequately’’;

20 (2) by redesignating subsections (b), (c), and

21 (d) as subsections (c), (d), and (e); and

22 (3) by inserting after subsection (a) the fol23 lowing new subsection:

24 ‘‘(b) ASSESSMENTS UPON REQUEST.—Upon the re25 quest of the chairman or ranking minority member of the
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1 Committee on Foreign Relations of the Senate or the

2 Committee on International Relations of the House of

3 Representatives, in case of an arms control, nonprolifera4 tion, or disarmament proposal—

5 ‘‘(1) under consideration for presentation to a

6 foreign country by the United States;

7 ‘‘(2) presented to a foreign country by the

8 United States; or

9 ‘‘(3) presented to the United States by a for10 eign country;

11 the Secretary of State shall submit a report to the Com12 mittee on the degree to which elements of the proposal

13 are capable of being verified.’’.

14 SEC. 616. CONTRIBUTION TO THE ADVANCEMENT OF SEIS15 MOLOGY.

16 The United States Government shall make available

17 to the public in real time, or as quickly as possible, all

18 raw seismological data provided to the United States Gov19 ernment by any international organization that is directly

20 responsible for seismological monitoring.

21 SEC. 617. PROTECTION OF UNITED STATES COMPANIES.

22 The United States National Authority (as designated

23 pursuant to section 101 of the Chemical Weapons Conven24 tion Implementation Act of 1998 (as contained in division

25 I of Public Law 105–277)) shall reimburse the Federal
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1 Bureau of Investigation for all costs incurred by the Bu2 reau in connection with implementation of section

3 303(b)(2)(A) of that Act, except that such reimbursement

4 may not exceed $1,000,000 in any fiscal year.

5 CHAPTER 2—LANDMINE POLICY,

6 DEMINING ACTIVITIES, AND RELATED

7 MATTERS

8 SEC. 621. CONFORMING AMENDMENT.

9 Subsection (d) of section 248 of the Strom Thurmond

10 National Defense Authorization Act for Fiscal Year 1999

11 (Public Law 105–261; 112 Stat. 1958) is amended by in12 serting ‘‘, and to the Committee on Foreign Relations of

13 the Senate and the Committee on International Relations

14 of the House of Representatives,’’ after ‘‘congressional de15 fense committees’’.

16 SEC. 622. DEVELOPMENT OF ADVANCED HUMANITARIAN

17 DEMINING CAPABILITIES FUND.

18 (a) IN GENERAL.—The Secretary of State is author19 ized to transfer funds available to the Department of State

20 under this section to the Department of Defense, Depart21 ment of Energy, or any of the military departments, for

22 researching, developing, adapting, and deploying tech23 nologies to achieve the destruction or other removal of

24 antipersonnel landmines for humanitarian purposes.
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1 (b) PROHIBITION ON REPROGRAMMING.—Notwith2 standing any other provision of law, funds made available

3 to carry out this section may not be used for any purpose

4 other than the purposes specified in subsection (a).

5 (c) AUTHORIZATION OF APPROPRIATIONS.—

6 (1) IN GENERAL.—There is authorized to be

7 appropriated to the Department of State $5,000,000

8 for each of the fiscal years 2000 and 2001 to carry

9 out subsection (a).

10 (2) AVAILABILITY OF FUNDS.—Amounts appro11 priated pursuant to paragraph (1) are authorized to

12 remain available until expended.

13 (d) DESIGNATION OF FUND.—Amounts made avail14 able under subsection (c) may be referred to as the ‘‘De15 velopment of Advanced Humanitarian Demining Capabili16 ties Fund’’.

17 Subtitle B—Nuclear Nonprolifera18 tion, Safety, and Related Mat19 ters

20 SEC. 631. REPORTING BURDEN ON UNITED STATES NU21 CLEAR INDUSTRY.

22 In carrying out any United States obligation under

23 the Convention on Nuclear Safety, no Executive agency

24 may impose any new reporting obligation upon any United

25 States business concern.
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1 SEC. 632. AUTHORITY TO SUSPEND NUCLEAR COOPERA2 TION FOR FAILURE TO RATIFY CONVENTION

3 ON NUCLEAR SAFETY.

4 Section 132 of the Atomic Energy Act of 1954 (42

5 U.S.C. 2160b) is amended—

6 (1) in the section heading, by inserting before

7 the period the following: ‘‘OR THE CONVENTION ON

8 NUCLEAR SAFETY’’; and

9 (2) by inserting ‘‘or the Convention on Nuclear

10 Safety’’ after ‘‘Material’’.

11 SEC. 633. ELIMINATION OF DUPLICATIVE GOVERNMENT AC12 TIVITIES.

13 (a) PRIMARY RESPONSIBILITY OF THE SECRETARY

14 OF STATE.—Congress urges the Secretary of State, in

15 consultation with the Nuclear Regulatory Commission, to

16 ensure that the functions performed by the International

17 Nuclear Regulators Association are undertaken to the

18 maximum extent practicable in connection with implemen19 tation of the Convention on Nuclear Safety.

20 (b) REPORT.—Not later than one year after the date

21 of enactment of this Act, the President shall submit a re22 port to the Committees on Foreign Relations and Appro23 priations of the Senate and to the Speaker of the House

24 of Representatives—

25 (1) detailing all activities being undertaken by

26 the United States in the field of international nu-
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1 clear regulation and nuclear safety, and justifying

2 continuation of such activities if the activities in any

3 way duplicate an activity undertaken pursuant to

4 the Convention on Nuclear Safety; and

5 (2) identifying all activities terminated pursu6 ant to his certification made on April 9, 1999, in ac7 cordance with Condition (1) of the resolution of rati8 fication for the Convention on Nuclear Safety.

9 SEC. 634. CONGRESSIONAL NOTIFICATION OF NON10 PROLIFERATION ACTIVITIES.

11 Section 602(c) of the Nuclear Non-Proliferation Act

12 of 1978 (22 U.S.C. 3282(c)) is amended to read as fol13 lows:

14 ‘‘(c)(1) The Department of State, the Department of

15 Defense, the Department of Commerce, the Department

16 of Energy, the Commission, and, with regard to subpara17 graph (B), the Director of Central Intelligence, shall keep

18 the Committees on Foreign Relations and Governmental

19 Affairs of the Senate and the Committee on International

20 Relations of the House of Representatives fully and cur21 rently informed with respect to—

22 ‘‘(A) their activities to carry out the purposes

23 and policies of this Act and to otherwise prevent

24 proliferation, including the proliferation of nuclear,
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1 chemical, or biological weapons, or their means of

2 delivery; and

3 ‘‘(B) the current activities of foreign nations

4 which are of significance from the proliferation

5 standpoint.

6 ‘‘(2) For the purposes of this subsection with respect

7 to subparagraph (B), the phrase ‘fully and currently in8 formed’ means the transmittal of information not later

9 than 60 days after becoming aware of the activity con10 cerned.’’.

11 SEC. 635. EFFECTIVE USE OF RESOURCES FOR NON12 PROLIFERATION PROGRAMS.

13 (a) REQUIREMENT FOR REPORT.—Not later than

14 180 days after the date of enactment of this Act, the Sec15 retary of Energy shall submit a report to the Committees

16 on Foreign Relations, Armed Services, and Appropriations

17 of the Senate and to the Speaker of the House of Rep18 resentatives detailing, with respect to the Initiatives for

19 Proliferation Prevention (IPP) program, a plan of

20 action—

21 (1) to reduce the amount of funds expended on

22 administrative support fees at the national labora23 tories;

24 (2) to maximize the amount of money paid Rus25 sian scientists under the program;
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1 (3) to require program officials to obtain com2 plete and accurate information on the number of sci3 entists participating in program projects, and on

4 their backgrounds;

5 (4) to provide a comprehensive review of

6 projects in order to minimize or eliminate the trans7 fer of defense-related or militarily useful information

8 under the program;

9 (5) to formalize a process for review of pro10 posed chemical and biological projects under the pro11 gram;

12 (6) to set forth specific criteria and timeframes

13 for determining when an IPP project shall be termi14 nated if progress to the next level does not occur;

15 (7) to reevaluate all ‘‘Thrust 1’’ projects with

16 particular emphasis given to those having received

17 funds for three years or more; and

18 (8) to identify, with respect to the Nuclear Cit19 ies Initiative, the program’s goals, costs, timeframes,

20 measures of performance, and expected outcomes

21 such as the number of commercial jobs to be created

22 in each city covered by the program.

23 (b) PROHIBITION ON FUNDING RUSSIAN WMD MOD24 ERNIZATION.—No assistance may be provided under the

25 International Science and Technology Center program of
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1 the Department of State or the International Proliferation

2 Prevention (IPP) program of the Department of Energy

3 to any person who is involved in the research, develop4 ment, design, testing, or evaluation of chemical or biologi5 cal weapons for offensive purposes.

6 SEC. 636. DISPOSITION OF WEAPONS-GRADE MATERIAL.

7 (a) REPORT ON REDUCTION OF THE STOCKPILE.—

8 Not later than 120 days after signing an agreement be9 tween the United States and Russia for the disposition

10 of excess weapons plutonium, the Secretary of Energy,

11 with the concurrence of the Secretary of Defense, shall

12 submit a report to the Committee on Foreign Relations

13 and the Committee on Armed Services of the Senate and

14 to the Speaker of the House of Representatives—

15 (1) detailing plans for United States implemen16 tation of such agreement;

17 (2) identifying the number of United States

18 warhead ‘‘pits’’ of each type deemed ‘‘excess’’ for the

19 purpose of dismantlement or disposition; and

20 (3) describing any implications this may have

21 for the Stockpile Stewardship and Management Pro22 gram.

23 (b) NON-PROLIFERATION CERTIFICATION REGARD24 ING A MOX FUEL FABRICATION FACILITY IN RUSSIA.—

25 No funds available to the Department of State or the De-
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1 partment of Energy may be used to establish a mixed

2 oxide fuel fabrication or production facility in Russia un3 less and until the Secretary of State certifies that—

4 (1) arrangements for the establishment of that

5 facility will further United States nuclear non-pro6 liferation objectives and will outweigh the prolifera7 tion risks inherent in the use of mixed oxide fuel ele8 ments;

9 (2) a guaranty has been given by Russia that

10 no fuel elements produced, fabricated, reprocessed,

11 or assembled at such facility, and no sensitive nu12 clear technology related to such facility, will be ex13 ported or supplied by the Russian Federation to any

14 country in the event that the United States objects

15 to such export or supply; and

16 (3) a guaranty has been given by Russia that

17 the facility and all nuclear materials and equipment

18 therein, and any fuel elements or special nuclear ma19 terial produced, fabricated, reprocessed, or assem20 bled at that facility, including fuel elements exported

21 or supplied by Russia to a third party, will be sub22 ject to international monitoring and transparency

23 sufficient to ensure that special nuclear material is

24 not diverted.

25 (c) DEFINITIONS.—
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1 (1) PRODUCED.—The terms ‘‘produce’’ and

2 ‘‘produced’’ have the same meaning that such terms

3 are given under section 11 u. of the Atomic Energy

4 Act of 1954.

5 (2) PRODUCTION FACILITY.—The term ‘‘pro6 duction facility’’ has the same meaning that such

7 term is given under section 11 v. of the Atomic En8 ergy Act of 1954.

9 (3) SPECIAL NUCLEAR MATERIAL.—The term

10 ‘‘special nuclear material’’ has the meaning that

11 such term is given under section 11 aa. of the Atom12 ic Energy Act of 1954.

13 SEC. 637. STATUS OF HONG KONG AND MACAO IN UNITED

14 STATES EXPORT LAW.

15 (a) PRELICENSE VERIFICATION.—Notwithstanding

16 any other provision of law and except as provided in sub17 section (c), no license may be approved for the export to

18 Hong Kong or Macao, as the case may be, of any item

19 described in subsection (d) unless appropriate United

20 States officials are provided the right and ability to con21 duct prelicense verification, in such manner as the United

22 States considers appropriate, of the validity of the stated

23 end-user, and the validity of the stated end-use, as speci24 fied on the license application.
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1 (b) POST-SHIPMENT VERIFICATION.—Notwith2 standing any other provision of law and except as provided

3 in subsection (c), in the event that appropriate United

4 States officials, with respect to any item defined in sub5 section (d)(1), or the Secretary of Commerce, with respect

6 to any item defined in subsection (d)(2), are denied the

7 ability to conduct post-shipment verification, in such man8 ner as the United States considers appropriate, of the lo9 cation and end-use of any item under their jurisdiction

10 that has been exported from the United States to Hong

11 Kong or Macao, then Hong Kong or Macao, as the case

12 may be, shall thereafter be treated in the same manner

13 as the People’s Republic of China for the purpose of any

14 export of any item described in subsection (d).

15 (c) WAIVER AUTHORITY.—The Secretary of State

16 may waive or remove the imposition of the requirements

17 imposed by subsections (a) and (b) upon a written finding,

18 which shall be transmitted to the Committee on Foreign

19 Relations of the Senate and the Committee on Inter20 national Relations of the House of Representatives, that—

21 (1) the case that warranted the imposition of

22 such requirements has been settled to the satisfac23 tion of the United States; or
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1 (2) there are specific reasons why the waiver or

2 removal of such requirements is in the national in3 terest of the United States.

4 (d) ITEM DEFINED.—The term ‘‘item’’ as used in

5 this section means—

6 (1) any item controlled on the United States

7 Munitions List under section 38 of the Arms Export

8 Control Act (22 U.S.C. 2778); or

9 (2) any item for which export controls are ad10 ministered by the Department of Commerce for for11 eign policy or national security reasons.

12 (e) EFFECTIVE DATE.—Effective January 1, 2000,

13 this section shall apply to Macao.

14 Subtitle C—Miscellaneous

15 Provisions

16 SEC. 641. REQUIREMENT FOR TRANSMITTAL OF SUM17 MARIES.

18 Whenever a United States delegation engaging in ne19 gotiations on arms control, nonproliferation, or disar20 mament submits to the Secretary of State a summary of

21 the activities of the delegation or the status of those nego22 tiations, a copy of each such summary shall be further

23 transmitted by the Secretary of State to the Committee

24 on Foreign Relations of the Senate promptly.
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1 SEC. 642. PROHIBITION ON WITHHOLDING CERTAIN INFOR2 MATION FROM CONGRESS.

3 (a) PROHIBITION.—No officer or employee of the

4 United States may knowingly withhold information from

5 the chairman or ranking minority member of the Com6 mittee on Foreign Relations of the Senate or the Com7 mittee on International Relations of the House of Rep8 resentatives that is required to be transmitted pursuant

9 to subsection (c) or (d) of section 602 of the Nuclear Non10 Proliferation Act of 1978.

11 (b) ISSUANCE OF REGULATIONS.—Not later than

12 January 1, 2000, the Secretaries of State, Defense, Com13 merce, and Energy, the Director of Central Intelligence,

14 and the Chairman of the Nuclear Regulatory Commission

15 shall issue directives to implement their responsibilities

16 under subsections (c) and (d) of section 602 of the Nu17 clear Non-Proliferation Act of 1978. Copies of such direc18 tives shall be forwarded promptly to the Committee on

19 Foreign Relations of the Senate and the Committee on

20 International Relations of the House of Representatives

21 upon the issuance of the directives.
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1 TITLE VII—MISCELLANEOUS

2 PROVISIONS

3 Subtitle A—People’s Republic of

4 China

5 SEC. 701. FINDINGS.

6 Congress makes the following findings:

7 (1) Congress concurs in the conclusions of the

8 Department of State on human rights in the Peo9 ple’s Republic of China in 1998 as follows:

10 (A) ‘‘The People’s Republic of China

11 (PRC) is an authoritarian state in which the

12 Chinese Communist Party (CCP) is the para13 mount source of power. . . Citizens lack both

14 the freedom peacefully to express opposition to

15 the party-led political system and the right to

16 change their national leaders or form of govern17 ment.’’.

18 (B) ‘‘The Government continued to commit

19 widespread and well-documented human rights

20 abuses, in violation of internationally accepted

21 norms. These abuses stemmed from the au22 thorities’ very limited tolerance of public dissent

23 aimed at the Government, fear of unrest, and

24 the limited scope or inadequate implementation

25 of laws protecting basic freedoms.’’.
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1 (C) ‘‘Abuses included instances of

2 extrajudicial killings, torture and mistreatment

3 of prisoners, forced confessions, arbitrary arrest

4 and detention, lengthy incommunicado deten5 tion, and denial of due process.’’.

6 (D) ‘‘Prison conditions at most facilities

7 remained harsh. . . The Government infringed

8 on citizens’ privacy rights. The Government

9 continued restrictions on freedom of speech and

10 of the press, and tightened these toward the

11 end of the year. The Government severely re12 stricted freedom of assembly, and continued to

13 restrict freedom of association, religion, and

14 movement.’’.

15 (E) ‘‘Discrimination against women, mi16 norities, and the disabled; violence against

17 women, including coercive family planning prac18 tices—which sometimes include forced abortion

19 and forced sterilization; prostitution, trafficking

20 in women and children, and the abuse of chil21 dren all are problems.’’.

22 (F) ‘‘The Government continued to restrict

23 tightly worker rights, and forced labor remains

24 a problem.’’.
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1 (G) ‘‘Serious human rights abuses per2 sisted in minority areas, including Tibet and

3 Xinjiang, where restrictions on religion and

4 other fundamental freedoms intensified.’’.

5 (H) ‘‘Unapproved religious groups, includ6 ing Protestant and Catholic groups, continued

7 to experience varying degrees of official inter8 ference and repression.’’.

9 (I) ‘‘Although the Government denies that

10 it holds political or religious prisoners, and ar11 gues that all those in prison are legitimately

12 serving sentences for crimes under the law, an

13 unknown number of persons, estimated at sev14 eral thousand, are detained in violation of inter15 national human rights instruments for peace16 fully expressing their political, religious, or so17 cial views.’’.

18 (2) In addition to the State Department, cred19 ible press reports and human rights organizations

20 have documented an intense crackdown on political

21 activists by the Government of the People’s Republic

22 of China, involving the harassment, detainment, ar23 rest, and imprisonment of dozens of activists.

24 (3) The People’s Republic of China, as a mem25 ber of the United Nations, is expected to abide by
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1 the provisions of the Universal Declaration of

2 Human Rights.

3 (4) The People’s Republic of China is a party

4 to numerous international human rights conventions,

5 including the Convention Against Torture and Other

6 Cruel, Inhuman or Degrading Treatment or Punish7 ment, and is a signatory to the International Cov8 enant on Civil and Political Rights and the Covenant

9 on Economic, Social, and Cultural Rights.

10 SEC. 702. FUNDING FOR ADDITIONAL PERSONNEL AT DIP11 LOMATIC POSTS TO REPORT ON POLITICAL,

12 ECONOMIC, AND HUMAN RIGHTS MATTERS IN

13 THE PEOPLE’S REPUBLIC OF CHINA.

14 Of the amounts authorized to be appropriated for the

15 Department of State by this Act, $2,200,000 for fiscal

16 year 2000 and $2,200,000 for fiscal year 2001 shall be

17 made available only to support additional personnel in the

18 United States Embassies in Beijing and Kathmandu, as

19 well as the American consulates in Guangzhou, Shanghai,

20 Shenyang, Chengdu, and Hong Kong, in order to monitor

21 political and economic conditions, including in particular

22 respect for internationally recognized human rights, in the

23 People’s Republic of China.
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1 SEC. 703. PRISONER INFORMATION REGISTRY FOR THE

2 PEOPLE’S REPUBLIC OF CHINA.

3 (a) REQUIREMENT.—The Secretary of State shall es4 tablish and maintain a registry which shall, to the extent

5 practicable, provide information on all political prisoners,

6 prisoners of conscience, and prisoners of faith in the Peo7 ple’s Republic of China. The registry shall be known as

8 the ‘‘Prisoner Information Registry for the People’s Re9 public of China’’.

10 (b) INFORMATION IN REGISTRY.—The registry re11 quired by subsection (a) shall include information on the

12 charges, judicial processes, administrative actions, uses of

13 forced labor, incidents of torture, lengths of imprisonment,

14 physical and health conditions, and other matters associ15 ated with the incarceration of prisoners in the People’s

16 Republic of China referred to in that subsection.

17 (c) AVAILABILITY OF FUNDS.—The Secretary may

18 make funds available to nongovernmental organizations

19 currently engaged in monitoring activities regarding polit20 ical prisoners in the People’s Republic of China in order

21 to assist in the establishment and maintenance of the reg22 istry required by subsection (a).
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1 SEC. 704. REPORT REGARDING ESTABLISHMENT OF ORGA2 NIZATION FOR SECURITY AND COOPERATION

3 IN ASIA.

4 Not later than 180 days after the date of enactment

5 of this Act, the Secretary of State shall submit to the ap6 propriate congressional committees a report assessing the

7 feasibility and utility of establishing an Organization for

8 Security and Cooperation in Asia which would be modeled

9 after the Organization for Security and Cooperation in

10 Europe.

11 SEC. 705. SENSE OF CONGRESS REGARDING ORGAN HAR12 VESTING AND TRANSPLANTING IN THE PEO13 PLE’S REPUBLIC OF CHINA.

14 It is the sense of Congress that—

15 (1) the Government of the People’s Republic of

16 China should stop the practice of harvesting and

17 transplanting organs for profit from prisoners that

18 it executes;

19 (2) the Government of the People’s Republic of

20 China should be strongly condemned for such organ

21 harvesting and transplanting practice;

22 (3) the President should bar from entry into

23 the United States any and all officials of the Gov24 ernment of the People’s Republic of China known to

25 be directly involved in such organ harvesting and

26 transplanting practice;
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1 (4) individuals determined to be participating in

2 or otherwise facilitating the sale of organs harvested

3 through such practice in the United States should be

4 prosecuted to the fullest possible extent of the law;

5 and

6 (5) the appropriate officials in the United

7 States should interview individuals, including doc8 tors, who may have knowledge of such organ har9 vesting and transplanting practice.

10 Subtitle B—Other Matters

11 SEC. 721. DENIAL OF ENTRY INTO UNITED STATES OF FOR12 EIGN NATIONALS ENGAGED IN ESTABLISH13 MENT OR ENFORCEMENT OF FORCED ABOR14 TION OR STERILIZATION POLICY.

15 (a) DENIAL OF ENTRY.—Notwithstanding any other

16 provision of law, the Secretary of State may not issue any

17 visa to, and the Attorney General may not admit to the

18 United States, any foreign national whom the Secretary

19 finds, based on credible and specific information, to have

20 been directly involved in the establishment or enforcement

21 of population control policies forcing a woman to undergo

22 an abortion against her free choice or forcing a man or

23 woman to undergo sterilization against his or her free

24 choice.
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1 (b) EXCEPTIONS.—The prohibitions in subsection (a)

2 shall not apply in the case of a foreign national who is

3 a head of state, head of government, or cabinet level min4 ister.

5 (c) WAIVER.—The President may waive the prohibi6 tions in subsection (a) with respect to a foreign national

7 if the President—

8 (1) determines that it is vital to the national in9 terest of the United States to do so; and

10 (2) provides written notification to the appro11 priate congressional committees containing a jus12 tification for the waiver.

13 SEC. 722. SEMIANNUAL REPORTS ON UNITED STATES SUP14 PORT FOR MEMBERSHIP OR PARTICIPATION

15 OF TAIWAN IN INTERNATIONAL ORGANIZA16 TIONS.

17 (a) REPORTS REQUIRED.—Not later than 60 days

18 after the date of enactment of this Act, and every 6

19 months thereafter, the Secretary of State shall submit to

20 Congress a report on the status of efforts by the United

21 States Government to support—

22 (1) the membership of Taiwan in international

23 organizations that do not require statehood as a pre24 requisite to such membership; and
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1 (2) the appropriate level of participation by

2 Taiwan in international organizations that may re3 quire statehood as a prerequisite to full membership.

4 (b) REPORT ELEMENTS.—Each report under sub5 section (a) shall—

6 (1) set forth a comprehensive list of the inter7 national organizations in which the United States

8 Government supports the membership or participa9 tion of Taiwan;

10 (2) describe in detail the efforts of the United

11 States Government to achieve the membership or

12 participation of Taiwan in each organization listed;

13 and

14 (3) identify the obstacles to the membership or

15 participation of Taiwan in each organization listed,

16 including a list of any governments that do not sup17 port the membership or participation of Taiwan in

18 each such organization.

19 SEC. 723. CONGRESSIONAL POLICY REGARDING UNITED

20 NATIONS GENERAL ASSEMBLY RESOLUTION

21 ES–10/6.

22 (a) FINDINGS.—Congress makes the following find23 ings:

24 (1) In an emergency special session the United

25 Nations General Assembly voted on February 9,
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1 1999, to adopt Resolution ES–10/6, entitled ‘‘Illegal

2 Israeli Actions in Occupied East Jerusalem And The

3 Rest Of The Occupied Palestinian Territory’’, to

4 convene for the first time in 50 years the parties to

5 the Fourth Geneva Convention for the Protection of

6 Civilians in Time of War.

7 (2) That resolution unfairly places full blame

8 for the deterioration of the peace process in the Mid9 dle East on Israel and dangerously politicizes the

10 Geneva Convention, which was established to ad11 dress critical humanitarian crises.

12 (3) The adoption of that resolution is intended

13 to prejudge direct negotiations in the peace process

14 in the Middle East, put additional and undue pres15 sure on Israel to influence the results of such nego16 tiations, and single out Israel for unprecedented en17 forcement proceedings which have never been in18 voked, even against governments with records of

19 massive violations of the Geneva Convention.

20 (b) STATEMENT OF POLICY.—Congress—

21 (1) commends the Department of State for the

22 vote of the United States against United Nations

23 General Assembly Resolution ES–10/6, thereby af24 firming that the text of the resolution politicizes the
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1 Fourth Geneva Convention, which is primarily hu2 manitarian in nature; and

3 (2) urges the Department of State to continue

4 its efforts against convening the conference specified

5 in the resolution.

6 SEC. 724. WAIVER OF CERTAIN PROHIBITIONS REGARDING

7 THE PALESTINE LIBERATION ORGANIZATION.

8 (a) AUTHORITY TO WAIVE.—The President may

9 waive any prohibition set forth in section 1003 of the For10 eign Relations Authorization Act, Fiscal Years 1988 and

11 1989 (Public Law 100–204; 101 Stat. 1407; 22 U.S.C.

12 5202) if the President determines and so certifies to the

13 appropriate congressional committees that—

14 (1) it is in the national interest of the United

15 States to do so; and

16 (2) after the date of the enactment of this Act,

17 neither the Palestine Liberation Organization, the

18 Palestinian Authority, the Palestinian Legislative

19 Council, nor any Palestinian governing body with ju20 risdiction over territories controlled by the Pales21 tinian Authority has made a declaration of statehood

22 outside the framework of negotiations with the State

23 Israel.
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1 (b) PERIOD OF APPLICABILITY OF WAIVER.—Any

2 waiver under subsection (a) shall be effective for not more

3 than 6 months at a time.

4 SEC. 725. UNITED STATES POLICY REGARDING JERUSALEM

5 AS THE CAPITAL OF ISRAEL.

6 (a) CONSTRUCTION OF UNITED STATES EMBASSY IN

7 JERUSALEM.—Of the amounts authorized to be appro8 priated by section 101(a)(3) of this Act for ‘‘Security and

9 Maintenance of United States Missions’’, $50,000,000 for

10 the fiscal year 2000 and $50,000,000 for the fiscal year

11 2001 may be available for the construction of a United

12 States embassy in Jerusalem, Israel.

13 (b) LIMITATION ON USE OF FUNDS FOR CONSULATE

14 IN JERUSALEM.—None of the funds authorized to be ap15 propriated by this Act should be obligated or expended for

16 the operation of a United States consulate or diplomatic

17 facility in Jerusalem unless such consulate or diplomatic

18 facility is under the supervision of the United States Am19 bassador to Israel.

20 (c) LIMITATION ON USE OF FUNDS FOR CERTAIN

21 PUBLICATIONS.—None of the funds authorized to be ap22 propriated by this Act may be obligated or expended for

23 the publication of any official government document which

24 lists countries and their capital cities unless the document

25 identifies Jerusalem as the capital of Israel.
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1 (d) RECORD OF PLACE OF BIRTH AS ISRAEL FOR

2 PASSPORT PURPOSES.—For purposes of the registration

3 of birth, certification of nationality, or issuance of a pass4 port of a United States citizen born in the city of Jeru5 salem, the Secretary of State shall, upon the request of

6 the citizen, record the place of birth as Israel.

7 SEC. 726. UNITED STATES POLICY WITH RESPECT TO NIGE8 RIA.

9 (a) FINDINGS.—Congress makes the following find10 ings:

11 (1) A stable and democratic Nigeria is impor12 tant to the interests of the United States, the West

13 African region, and the international community.

14 (2) Millions of Nigerians participated in four

15 rounds of multiparty elections as part of a transition

16 program that will culminate in the inauguration of

17 a civilian president, members of the National Assem18 bly, governors, and local leaders on May 29, 1999.

19 Although turnout in each of the four rounds was

20 lower than expected, a clear majority of Nigerians

21 demonstrated their support for a swift and orderly

22 transition to democratic civilian rule through partici23 pation in the elections or through other means.

24 (3) Nevertheless, continued rule by successive

25 military regimes in Nigeria has harmed the lives of
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1 the people of Nigeria, undermined confidence in the

2 Nigerian economy, damaged relations between Nige3 ria and the United States, and threatened the polit4 ical and economic stability of West Africa.

5 (4) Although the current military regime, under

6 the leadership of General Abdusalami Abubakar, has

7 made significant progress in liberalizing the political

8 environment in Nigeria, including increased respect

9 for freedom of assembly, expression, and association,

10 numerous decrees are still in force that suspend the

11 constitutional protection of fundamental human

12 rights, allow indefinite detention without charge, and

13 revoke the jurisdiction of civilian courts over execu14 tive actions.

15 (5) Despite the optimism expressed by many

16 observers about the progress that has been made in

17 Nigeria, the country’s recent history raises serious

18 questions about the potential success of the transi19 tion program. In particular, events in the Niger

20 Delta in early 1999 underscore the critical need for

21 ongoing monitoring of the situation and indicate

22 that a return by the Government of Nigeria to re23 pressive methods remains a possibility.

24 (b) DECLARATION OF POLICY.—Congress declares

25 that the United States—
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1 (1) supports a timely, effective, and sustainable

2 transition to democratic, civilian government in Ni3 geria; and

4 (2) encourages the incoming civilian govern5 ment in Nigeria to make the political, economic, and

6 legal reforms necessary to ensure the rule of law and

7 respect for human rights in Nigeria, including estab8 lishing effective democratic institutions, integrating

9 the military into democratic society, and creating

10 mechanisms for transparency and accountability.

11 SEC. 727. PARTIAL LIQUIDATION OF BLOCKED LIBYAN AS12 SETS.

13 (a) LIQUIDATION OF CERTAIN BLOCKED LIBYAN AS14 SETS.—The President shall vest and liquidate so much of

15 blocked Libyan assets, ordered pursuant to Executive

16 Order No. 12544 (January 8, 1986), as is necessary to

17 pay for the reasonable costs of travel to and from The

18 Hague, Netherlands, by immediate family members of

19 United States citizens who were victims of the crash of

20 Pan American flight 103 in 1988 and wish to attend the

21 trial of those individuals suspected of terrorist acts caus22 ing the crash.

23 (b) DEFINITIONS.—In this section—

24 (1) BLOCKED LIBYAN ASSETS.—The term

25 ‘‘blocked Libyan assets’’ refers to property and in-
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1 terests of the Government of Libya, its agencies, in2 strumentalities, and controlled entities and the Bank

3 of Libya, blocked pursuant to Executive Order No.

4 12544 (January 8, 1986).

5 (2) IMMEDIATE FAMILY MEMBERS.—The term

6 ‘‘immediate family member’’ means parents, siblings,

7 children, spouse, or a person who stood in loco

8 parentis or to whom he or she stood in loco parentis,

9 of a crash victim.

10 SEC. 728. SUPPORT FOR REFUGEES FROM RUSSIA WHO

11 CHOOSE TO RESETTLE IN ISRAEL.

12 (a) FINDINGS.—Congress makes the following find13 ings:

14 (1) The Russian Jewish community is the third

15 largest Jewish community in the world.

16 (2) Anti-Semitic rhetoric from members of the

17 Duma of the Russian Federation has increased dur18 ing the past year.

19 (3) The Duma failed to pass a resolution con20 demning the anti-Semitic statements made by Rus21 sian lawmakers on March 19, 1999.

22 (b) SENSE OF CONGRESS.—It is the sense of Con23 gress that—

24 (1) the United States should support members

25 of Russia’s Jewish community; and
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1 (2) the United States should continue to pro2 vide assistance to Russian Jewish refugees resettling

3 in Israel.

4 SEC. 729. SENSE OF CONGRESS REGARDING EXTRADITION

5 OF LT. GENERAL IGOR GIORGADZE.

6 (a) FINDINGS.—Congress makes the following find7 ings:

8 (1) On Tuesday, August 29, 1995, President

9 Eduard Shevardnadze of Georgia was the victim of

10 an attempted assassination plot as he was departing

11 his offices in the Georgian Parliament building to

12 attend the signing ceremony for a new Georgian con13 stitution.

14 (2) Former Chief of the Georgian National Se15 curity Service, Lt. General Igor Giorgadze, has been

16 implicated in organizing the August 29, 1995 car

17 bomb attack on President Shevardnadze, and alleg18 edly fled from the Varziani air base, one of Russia’s

19 four military bases in Georgia at that time, and the

20 same Russian base on which three Georgia aircraft

21 SU 25’s were sabotaged, preventing them from per22 forming fighter escort duty for President

23 Shevardnadze’s aircraft.

24 (3) Lt. General Igor Giorgadze has subse25 quently been seen walking freely on the streets of
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1 Moscow as well as living and utilizing facilities of

2 the Government of Russia.

3 (4) Interpol is conducting a search for Lt. Gen4 eral Igor Giorgadze for his role in the assassination

5 attempt against President Shevardnadze.

6 (5) In the aftermath of the attack on President

7 Shevardnadze, and regularly since that time, the

8 Government of Georgia has made repeated requests

9 for the extradition of Lt. General Igor Giorgadze to

10 Tbilisi, Georgia.

11 (6) The Russian Interior Ministry has claimed

12 that it is unable to locate Giorgadze.

13 (7) The Georgian Security and Interior Min14 istries on repeated occasions have provided to the

15 Russian Interior Ministry—

16 (A) the exact locations in Russia where

17 Giorgadze could be found, including the exact

18 location in Moscow where Giorgadze’s family

19 lived;

20 (B) the exact location where Giorgadze

21 himself stayed outside of Moscow in a dacha of

22 the Russian Ministry of Defense;

23 (C) people he associates with;

24 (D) apartments he visits; and
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1 (E) the places, including restaurants, mar2 kets, and companies, he frequents.

3 (8) Russian newspapers regularly carry inter4 views with Giorgadze in which Giorgadze calls for a

5 change in regime in Tbilisi.

6 (9) Giorgadze is actively engaged in a propa7 ganda campaign against President Shevardnadze

8 and the democratic forces in Georgia, with the as9 sistance of his father who is the Communist Party

10 chief in Georgia.

11 (10) Giorgadze continues to organize and plan

12 attempts on the life of President Shevardnadze.

13 (b) SENSE OF CONGRESS.—It is the sense of Con14 gress that the President and other senior United States

15 Government officials should raise at each bilateral meeting

16 between officials of the United States Government and of17 ficials of the Russian Federation the issue of the extra18 dition of Lt. General Igor Giorgadze to Georgia.
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1 TITLE VIII—INTERNATIONAL OR2 GANIZATIONS AND COMMIS3 SIONS

4 Subtitle A—Authorizations of

5 Appropriations

6 SEC. 801. CONTRIBUTIONS TO INTERNATIONAL ORGANIZA7 TIONS.

8 (a) AUTHORIZATION OF APPROPRIATIONS.—

9 (1) IN GENERAL.—There are authorized to be

10 appropriated under the heading ‘‘Contributions to

11 International Organizations’’ $940,000,000 for the

12 fiscal year 2000 and $940,000,000 for the fiscal

13 year 2001 for the Department of State to carry out

14 the authorities, functions, duties, and responsibilities

15 in the conduct of the foreign affairs of the United

16 States with respect to international organizations

17 and to carry out other authorities in law consistent

18 with such purposes.

19 (2) AVAILABILITY OF FUNDS FOR CIVIL BUDG20 ET OF NATO.—Of the amounts authorized in para21 graph (1), $48,977,000 are authorized in fiscal year

22 2000 and $48,977,000 in fiscal year 2001 for the

23 United States assessment for the civil budget of the

24 North Atlantic Treaty Organization.
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1 (b) NO GROWTH BUDGET.—Of the funds made avail2 able under subsection (a), $80,000,000 may be made

3 available during each calendar year only after the Sec4 retary of State certifies that the United Nations has taken

5 no action during the preceding calendar year to increase

6 funding for any United Nations program without identi7 fying an offsetting decrease during that calendar year else8 where in the United Nations budget of $2,533,000,000,

9 and cause the United Nations to exceed the initial 1998–

10 99 United Nations biennium budget adopted in December

11 1997.

12 (c) INSPECTOR GENERAL OF THE UNITED NA13 TIONS.—

14 (1) WITHHOLDING OF FUNDS.—Twenty percent

15 of the funds made available in each fiscal year under

16 subsection (a) for the assessed contribution of the

17 United States to the United Nations shall be with18 held from obligation and expenditure until a certifi19 cation is made under paragraph (2).

20 (2) CERTIFICATION.—A certification under this

21 paragraph is a certification by the Secretary of State

22 in the fiscal year concerned that the following condi23 tions are satisfied:

24 (A) ACTION BY THE UNITED NATIONS.—

25 The United Nations—
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1 (i) has met the requirements of para2 graphs (1) through (6) of section 401(b) of

3 the Foreign Relations Authorization Act,

4 Fiscal Years 1994 and 1995 (22 U.S.C.

5 287e note), as amended by paragraph (3);

6 (ii) has established procedures that

7 require the Under Secretary General of the

8 Office of Internal Oversight Services to re9 port directly to the Secretary General on

10 the adequacy of the Office’s resources to

11 enable the Office to fulfill its mandate; and

12 (iii) has made available an adequate

13 amount of funds to the Office for carrying

14 out its functions.

15 (B) AUTHORITY BY OIOS.—The Office of

16 Internal Oversight Services has authority to

17 audit, inspect, or investigate each program,

18 project, or activity funded by the United Na19 tions, and each executive board created under

20 the United Nations has been notified, in writ21 ing, of that authority.

22 (3) AMENDMENT OF THE FOREIGN RELATIONS

23 AUTHORIZATION ACT, FISCAL YEARS 1994 AND

24 1995.—Section 401(b) of the Foreign Relations Au-
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1 thorization Act, Fiscal Years 1994 and 1995 is

2 amended—

3 (A) by amending paragraph (6) to read as

4 follows:

5 ‘‘(6) the United Nations has procedures in

6 place to ensure that all reports submitted by the Of7 fice of Internal Oversight Services are made avail8 able to the member states of the United Nations

9 without modification except to the extent necessary

10 to protect the privacy rights of individuals.’’; and

11 (B) by striking ‘‘Inspector General’’ each

12 place it appears and inserting ‘‘Office of Inter13 nal Oversight Services’’.

14 (d) PROHIBITION ON CERTAIN GLOBAL CON15 FERENCES.—None of the funds made available under sub16 section (a) shall be available for any United States con17 tribution to pay for any expense related to the holding of

18 any United Nations global conference, except for any con19 ference scheduled prior to October 1, 1998.

20 (e) PROHIBITION ON FUNDING OTHER FRAMEWORK

21 TREATY-BASED ORGANIZATIONS.—None of the funds

22 made available for the 1998–1999 biennium budget under

23 subsection (a) for United States contributions to the reg24 ular budget of the United Nations shall be available for

25 the United States proportionate share of any other frame-
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1 work treaty-based organization, including the Framework

2 Convention on Global Climate Change, the International

3 Seabed Authority, the Desertification Convention, and the

4 International Criminal Court.

5 (f) FOREIGN CURRENCY EXCHANGE RATES.—

6 (1) AUTHORIZATION OF APPROPRIATIONS.—In

7 addition to amounts authorized to be appropriated

8 by subsection (a), there are authorized to be appro9 priated such sums as may be necessary for each of

10 fiscal years 2000 and 2001 to offset adverse fluctua11 tions in foreign currency exchange rates.

12 (2) AVAILABILITY OF FUNDS.—Amounts appro13 priated under this subsection shall be available for

14 obligation and expenditure only to the extent that

15 the Director of the Office of Management and Budg16 et determines and certifies to Congress that such

17 amounts are necessary due to such fluctuations.

18 (g) REFUND OF EXCESS CONTRIBUTIONS.—The

19 United States shall continue to insist that the United Na20 tions and its specialized and affiliated agencies shall credit

21 or refund to each member of the agency concerned its pro22 portionate share of the amount by which the total con23 tributions to the agency exceed the expenditures of the

24 regular assessed budgets of these agencies.
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1 SEC. 802. CONTRIBUTIONS FOR INTERNATIONAL PEACE2 KEEPING ACTIVITIES.

3 (a) AUTHORIZATION OF APPROPRIATIONS.—There

4 are authorized to be appropriated under the heading

5 ‘‘Contributions for International Peacekeeping Activities’’

6 $215,000,000 for the fiscal year 2000 and $215,000,000

7 for the fiscal year 2001 for the Department of State to

8 carry out the authorities, functions, duties, and respon9 sibilities in the conduct of the foreign affairs of the United

10 States with respect to international peacekeeping activities

11 and to carry out other authorities in law consistent with

12 such purposes.

13 (b) CODIFICATION OF REQUIRED NOTICE OF PRO14 POSED UNITED NATIONS PEACEKEEPING OPERATIONS.—

15 (1) CODIFICATION.—Section 4 of the United

16 Nations Participation Act of 1945 (22 U.S.C. 287b)

17 is amended—

18 (A) in subsection (a), by striking the sec19 ond sentence; and

20 (B) by striking subsection (e) and insert21 ing the following:

22 ‘‘(e) CONSULTATIONS AND REPORTS ON UNITED NA23 TIONS PEACEKEEPING OPERATIONS.—

24 ‘‘(1) CONSULTATIONS.—Each month the Presi25 dent shall consult with Congress on the status of

26 United Nations peacekeeping operations.
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1 ‘‘(2) INFORMATION TO BE PROVIDED.—In con2 nection with such consultations, the following infor3 mation shall be provided each month to the des4 ignated congressional committees:

5 ‘‘(A) With respect to ongoing United Na6 tions peacekeeping operations, the following:

7 ‘‘(i) A list of all resolutions of the

8 United Nations Security Council antici9 pated to be voted on during such month

10 that would extend or change the mandate

11 of any United Nations peacekeeping oper12 ation.

13 ‘‘(ii) For each such operation, any

14 changes in the duration, mandate, and

15 command and control arrangements that

16 are anticipated as a result of the adoption

17 of the resolution.

18 ‘‘(iii) An estimate of the total cost to

19 the United Nations of each such operation

20 for the period covered by the resolution,

21 and an estimate of the amount of that cost

22 that will be assessed to the United States.

23 ‘‘(iv) Any anticipated significant

24 changes in United States participation in

25 or support for each such operation during
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1 the period covered by the resolution (in2 cluding the provision of facilities, training,

3 transportation, communication, and

4 logistical support, but not including intel5 ligence activities reportable under title V of

6 the National Security Act of 1947 (50

7 U.S.C. 413 et seq.)), and the estimated

8 costs to the United States of such changes.

9 ‘‘(B) With respect to each new United Na10 tions peacekeeping operation that is anticipated

11 to be authorized by a Security Council resolu12 tion during such month, the following informa13 tion for the period covered by the resolution:

14 ‘‘(i) The anticipated duration, man15 date, and command and control arrange16 ments of such operation, the planned exit

17 strategy, and the vital national interest to

18 be served.

19 ‘‘(ii) An estimate of the total cost to

20 the United Nations of the operation, and

21 an estimate of the amount of that cost

22 that will be assessed to the United States.

23 ‘‘(iii) A description of the functions

24 that would be performed by any United

25 States Armed Forces participating in or
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1 otherwise operating in support of the oper2 ation, an estimate of the number of mem3 bers of the Armed Forces that will partici4 pate in or otherwise operate in support of

5 the operation, and an estimate of the cost

6 to the United States of such participation

7 or support.

8 ‘‘(iv) A description of any other

9 United States assistance to or support for

10 the operation (including the provision of

11 facilities, training, transportation, commu12 nication, and logistical support, but not in13 cluding intelligence activities reportable

14 under title V of the National Security Act

15 of 1947 (50 U.S.C. 413 et seq.)), and an

16 estimate of the cost to the United States

17 of such assistance or support.

18 ‘‘(v) A reprogramming of funds pur19 suant to section 34 of the State Depart20 ment Basic Authorities Act of 1956, sub21 mitted in accordance with the procedures

22 set forth in such section, describing the

23 source of funds that will be used to pay for

24 the cost of the new United Nations peace25 keeping operation, provided that such noti-
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1 fication shall also be submitted to the

2 Committee on Appropriations of the House

3 of Representatives and the Committee on

4 Appropriations of the Senate.

5 ‘‘(3) FORM AND TIMING OF INFORMATION.—

6 ‘‘(A) FORM.—The President shall submit

7 information under clauses (i) and (iii) of para8 graph (2)(A) in writing.

9 ‘‘(B) TIMING.—

10 ‘‘(i) ONGOING OPERATIONS.—The in11 formation required under paragraph (2)(A)

12 for a month shall be submitted not later

13 than the 10th day of the month.

14 ‘‘(ii) NEW OPERATIONS.—The infor15 mation required under paragraph (2)(B)

16 shall be submitted in writing with respect

17 to each new United Nations peacekeeping

18 operation not less than 15 days before the

19 anticipated date of the vote on the resolu20 tion concerned unless the President deter21 mines that exceptional circumstances pre22 vent compliance with the requirement to

23 report 15 days in advance. If the President

24 makes such a determination, the informa25 tion required under paragraph (2)(B) shall
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1 be submitted as far in advance of the vote

2 as is practicable.

3 ‘‘(4) NEW UNITED NATIONS PEACEKEEPING OP4 ERATION DEFINED.—As used in paragraph (2), the

5 term ‘new United Nations peacekeeping operation’

6 includes any existing or otherwise ongoing United

7 Nations peacekeeping operation—

8 ‘‘(A) where the authorized force strength is

9 to be expanded;

10 ‘‘(B) that is to be authorized to operate in

11 a country in which it was not previously author12 ized to operate; or

13 ‘‘(C) the mandate of which is to be

14 changed so that the operation would be engaged

15 in significant additional or significantly dif16 ferent functions.

17 ‘‘(5) NOTIFICATION AND QUARTERLY REPORTS

18 REGARDING UNITED STATES ASSISTANCE.—

19 ‘‘(A) NOTIFICATION OF CERTAIN ASSIST20 ANCE.—

21 ‘‘(i) IN GENERAL.—The President

22 shall notify the designated congressional

23 committees at least 15 days before the

24 United States provides any assistance to
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1 the United Nations to support peace2 keeping operations.

3 ‘‘(ii) EXCEPTION.—This subpara4 graph does not apply to—

5 ‘‘(I) assistance having a value of

6 less than $3,000,000 in the case of

7 nonreimbursable assistance or less

8 than $14,000,000 in the case of reim9 bursable assistance; or

10 ‘‘(II) assistance provided under

11 the emergency drawdown authority of

12 sections 506(a)(1) and 552(c)(2) of

13 the Foreign Assistance Act of 1961

14 (22 U.S.C. 2318(a)(1) and

15 2348a(c)(2)).

16 ‘‘(B) QUARTERLY REPORTS.—

17 ‘‘(i) IN GENERAL.—The President

18 shall submit quarterly reports to the des19 ignated congressional committees on all as20 sistance provided by the United States

21 during the preceding calendar quarter to

22 the United Nations to support peace23 keeping operations.

24 ‘‘(ii) MATTERS INCLUDED.—Each re25 port under this subparagraph shall de-
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1 scribe the assistance provided for each

2 such operation, listed by category of assist3 ance.

4 ‘‘(iii) FOURTH QUARTER REPORT.—

5 The report under this subparagraph for

6 the fourth calendar quarter of each year

7 shall be submitted as part of the annual

8 report required by subsection (d) and shall

9 include cumulative information for the pre10 ceding calendar year.

11 ‘‘(f) DESIGNATED CONGRESSIONAL COMMITTEES.—

12 In this section, the term ‘designated congressional com13 mittees’ means the Committee on Foreign Relations and

14 the Committee on Appropriations of the Senate and the

15 Committee on International Relations and the Committee

16 on Appropriations of the House of Representatives.’’.

17 (2) CONFORMING REPEAL.—Subsection (a) of

18 section 407 of the Foreign Relations Authorization

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

20 236; 22 U.S.C. 287b note; 108 Stat. 448) is re21 pealed.

22 (c) RELATIONSHIP TO OTHER NOTICE REQUIRE23 MENTS.—Section 4 of the United Nations Participation

24 Act of 1945, as amended by subsection (b), is further

25 amended by adding at the end the following:
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1 ‘‘(g) RELATIONSHIP TO OTHER NOTIFICATION RE2 QUIREMENTS.—Nothing in this section is intended to alter

3 or supersede any notification requirement with respect to

4 peacekeeping operations that is established under any

5 other provision of law.’’.

6 Subtitle B—United Nations

7 Activities

8 SEC. 811. UNITED NATIONS POLICY ON ISRAEL AND THE

9 PALESTINIANS.

10 (a) CONGRESSIONAL STATEMENT.—It shall be the

11 policy of the United States to promote an end to the per12 sistent inequity experienced by Israel in the United Na13 tions whereby Israel is the only longstanding member of

14 the organization to be denied acceptance into any of the

15 United Nations regional blocs.

16 (b) POLICY ON ABOLITION OF CERTAIN UNITED NA17 TIONS GROUPS.—It shall be the policy of the United

18 States to seek the abolition of certain United Nations

19 groups the existence of which is inimical to the ongoing

20 Middle East peace process, those groups being the Special

21 Committee to Investigate Israeli Practices Affecting the

22 Human Rights of the Palestinian People and other Arabs

23 of the Occupied Territories; the Committee on the Exer24 cise of the Inalienable Rights of the Palestinian People;
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1 the Division for the Palestinian Rights; and the Division

2 on Public Information on the Question of Palestine.

3 (c) ANNUAL REPORTS.—On January 15 of each year,

4 the Secretary of State shall submit a report to the appro5 priate congressional committees (in classified or unclassi6 fied form as appropriate) on—

7 (1) actions taken by representatives of the

8 United States to encourage the nations of the West9 ern Europe and Others Group (WEOG) to accept

10 Israel into their regional bloc;

11 (2) other measures being undertaken, and

12 which will be undertaken, to ensure and promote

13 Israel’s full and equal participation in the United

14 Nations; and

15 (3) steps taken by the United States under sub16 section (b) to secure abolition by the United Nations

17 of groups described in that subsection.

18 (d) ANNUAL CONSULTATION.—At the time of the

19 submission of each annual report under subsection (c), the

20 Secretary of State shall consult with the appropriate con21 gressional committees on specific responses received by the

22 Secretary of State from each of the nations of the Western

23 Europe and Others Group (WEOG) on their position con24 cerning Israel’s acceptance into their organization.
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1 SEC. 812. DATA ON COSTS INCURRED IN SUPPORT OF

2 UNITED NATIONS PEACEKEEPING OPER3 ATIONS.

4 Chapter 6 of part II of the Foreign Assistance Act

5 of 1961 (22 U.S.C. 2348 et seq.) is amended by adding

6 at the end the following:

7 ‘‘SEC. 554. DATA ON COSTS INCURRED IN SUPPORT OF

8 UNITED NATIONS PEACEKEEPING OPER9 ATIONS.

10 ‘‘(a) UNITED STATES COSTS.—The President shall

11 annually provide to the Secretary General of the United

12 Nations data regarding all costs incurred by the United

13 States Department of Defense during the preceding year

14 in support of all United Nations Security Council resolu15 tions.

16 ‘‘(b) UNITED NATIONS MEMBER COSTS.—The Presi17 dent shall request that the United Nations compile and

18 publish information concerning costs incurred by United

19 Nations members in support of such resolutions.’’.

20 SEC. 813. REIMBURSEMENT FOR GOODS AND SERVICES

21 PROVIDED BY THE UNITED STATES TO THE

22 UNITED NATIONS.

23 The United Nations Participation Act of 1945 (22

24 U.S.C. 287 et seq.) is amended by adding at the end the

25 following new section:
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1 ‘‘SEC. 10. REIMBURSEMENT FOR GOODS AND SERVICES

2 PROVIDED BY THE UNITED STATES TO THE

3 UNITED NATIONS.

4 ‘‘(a) REQUIREMENT TO OBTAIN REIMBURSEMENT.—

5 ‘‘(1) IN GENERAL.—Except as provided in para6 graph (2), the President shall seek and obtain in a

7 timely fashion a commitment from the United Na8 tions to provide reimbursement to the United States

9 from the United Nations whenever the United States

10 Government furnishes assistance pursuant to the

11 provisions of law described in subsection (c)—

12 ‘‘(A) to the United Nations when the as13 sistance is designed to facilitate or assist in car14 rying out an assessed peacekeeping operation;

15 ‘‘(B) for any United Nations peacekeeping

16 operation that is authorized by the United Na17 tions Security Council under Chapter VI or

18 Chapter VII of the United Nations Charter and

19 paid for by peacekeeping or regular budget as20 sessment of the United Nations members; or

21 ‘‘(C) to any country participating in any

22 operation authorized by the United Nations Se23 curity Council under Chapter VI or Chapter

24 VII of the United Nations Charter and paid for

25 by peacekeeping assessments of United Nations

26 members when the assistance is designed to fa-
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1 cilitate or assist the participation of that coun2 try in the operation.

3 ‘‘(2) EXCEPTIONS.—

4 ‘‘(A) IN GENERAL.—The requirement in

5 paragraph (1) shall not apply to—

6 ‘‘(i) goods and services provided to the

7 United States Armed Forces;

8 ‘‘(ii) assistance having a value of less

9 than $3,000,000 per fiscal year per oper10 ation;

11 ‘‘(iii) assistance furnished before the

12 date of enactment of this section;

13 ‘‘(iv) salaries and expenses of civilian

14 police and other civilian and military mon15 itors where United Nations policy is to re16 quire payment by contributing members

17 for similar assistance to United Nations

18 peacekeeping operations; or

19 ‘‘(v) any assistance commitment made

20 before the date of enactment of this sec21 tion.

22 ‘‘(B) DEPLOYMENTS OF UNITED STATES

23 MILITARY FORCES.— The requirements of sub24 section (d)(1)(B) shall not apply to the deploy25 ment of United States military forces when the
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1 President determines that such deployment is

2 important to the security interests of the

3 United States. The cost of such deployment

4 shall be included in the data provided under

5 section 554 of the Foreign Assistance Act of

6 1961.

7 ‘‘(3) FORM AND AMOUNT.—

8 ‘‘(A) AMOUNT.—The amount of any reim9 bursement under this subsection shall be deter10 mined at the usual rate established by the

11 United Nations.

12 ‘‘(B) FORM.—Reimbursement under this

13 subsection may include credits against the

14 United States assessed contributions for United

15 States peacekeeping operations, if the expenses

16 incurred by any United States department or

17 agency providing the assistance have first been

18 reimbursed.

19 ‘‘(b) TREATMENT OF REIMBURSEMENTS.—

20 ‘‘(1) CREDIT.—The amount of any reimburse21 ment paid the United States under subsection (a)

22 shall be credited to the current applicable appropria23 tion, fund, or account of the United States depart24 ment or agency providing the assistance for which

25 the reimbursement is paid.
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1 ‘‘(2) AVAILABILITY.—Amounts credited under

2 paragraph (1) shall be merged with the appropria3 tions, or with appropriations in the fund or account,

4 to which credited and shall be available for the same

5 purposes, and subject to the same conditions and

6 limitations, as the appropriations with which

7 merged.

8 ‘‘(c) COVERED ASSISTANCE.—Subsection (a) applies

9 to assistance provided under the following provisions of

10 law:

11 ‘‘(1) Sections 6 and 7 of this Act.

12 ‘‘(2) Sections 451, 506(a)(1), 516, 552(c), and

13 607 of the Foreign Assistance Act of 1961.

14 ‘‘(3) Any other provisions of law pursuant to

15 which assistance is provided by the United States to

16 carry out the mandate of an assessed United Na17 tions peacekeeping operation.

18 ‘‘(d) WAIVER.—

19 ‘‘(1) AUTHORITY.—

20 ‘‘(A) IN GENERAL.—The President may

21 authorize the furnishing of assistance covered

22 by this section without regard to subsection (a)

23 if the President determines, and so notifies in

24 writing the Committee on Foreign Relations of

25 the Senate and the Speaker of the House of
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1 Representatives, that to do so is important to

2 the security interests of the United States.

3 ‘‘(B) CONGRESSIONAL NOTIFICATION.—

4 When exercising the authorities of subpara5 graph (A), the President shall notify the appro6 priate congressional committees in accordance

7 with the procedures applicable to reprogram8 ming notifications under section 634A of the

9 Foreign Assistance Act of 1961.

10 ‘‘(2) CONGRESSIONAL REVIEW.—Notwith11 standing a notice under paragraph (1) with respect

12 to assistance covered by this section, subsection (a)

13 shall apply to the furnishing of the assistance if, not

14 later than 15 calendar days after receipt of a notifi15 cation under that paragraph, the Congress enacts a

16 joint resolution disapproving the determination of

17 the President contained in the notification.

18 ‘‘(3) SENATE PROCEDURES.—Any joint resolu19 tion described in paragraph (2) shall be considered

20 in the Senate in accordance with the provisions of

21 section 601(b) of the International Security Assist22 ance and Arms Export Control Act of 1976.

23 ‘‘(e) RELATIONSHIP TO OTHER REIMBURSEMENT

24 AUTHORITY.—Nothing in this section shall preclude the

25 President from seeking reimbursement for assistance cov-
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1 ered by this section that is in addition to the reimburse2 ment sought for the assistance under subsection (a).

3 ‘‘(f) DEFINITION.—In this section, the term ‘assist4 ance’ includes personnel, services, supplies, equipment, fa5 cilities, and other assistance if such assistance is provided

6 by the Department of Defense or any other United States

7 Government agency.’’.

8 Subtitle C—International Organi9 zations Other than the United

10 Nations

11 SEC. 821. RESTRICTION RELATING TO UNITED STATES AC12 CESSION TO THE INTERNATIONAL CRIMINAL

13 COURT.

14 (a) PROHIBITION.—The United States shall not be15 come a party to the International Criminal Court except

16 pursuant to a treaty made under Article II, section 2,

17 clause 2 of the Constitution of the United States on or

18 after the date of enactment of this Act.

19 (b) PROHIBITION.—None of the funds authorized to

20 be appropriated by this or any other Act may be obligated

21 for use by, or for support of, the International Criminal

22 Court unless the United States has become a party to the

23 Court pursuant to a treaty made under Article II, section

24 2, clause 2 of the Constitution of the United States on

25 or after the date of enactment of this Act.
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1 (c) INTERNATIONAL CRIMINAL COURT DEFINED.—

2 In this section, the term ‘‘International Criminal Court’’

3 means the court established by the Rome Statute of the

4 International Criminal Court, adopted by the United Na5 tions Diplomatic Conference of Plenipotentiaries on the

6 Establishment of an International Criminal Court on July

7 17, 1998.

8 SEC. 822. PROHIBITION ON EXTRADITION OR TRANSFER OF

9 UNITED STATES CITIZENS TO THE INTER10 NATIONAL CRIMINAL COURT.

11 (a) PROHIBITION ON EXTRADITION.—None of the

12 funds authorized to be appropriated or otherwise made

13 available by this or any other Act may be used to extradite

14 a United States citizen to a foreign country that is under

15 an obligation to surrender persons to the International

16 Criminal Court unless that foreign country confirms to the

17 United States that applicable prohibitions on reextradition

18 apply to such surrender or gives other satisfactory assur19 ances to the United States that the country will not extra20 dite or otherwise transfer that citizen to the International

21 Criminal Court.

22 (b) PROHIBITION ON CONSENT TO EXTRADITION BY

23 THIRD COUNTRIES.—None of the funds authorized to be

24 appropriated or otherwise made available by this or any

25 other Act may be used to provide consent to the extra-
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1 dition or transfer of a United States citizen by a foreign

2 country that is under an obligation to surrender persons

3 to the International Criminal Court to a third country,

4 unless the third country confirms to the United States

5 that applicable prohibitions on reextradition apply to such

6 surrender or gives other satisfactory assurances to the

7 United States that the third country will not extradite or

8 otherwise transfer that citizen to the International Crimi9 nal Court.

10 (c) DEFINITION.—In this section, the term ‘‘Inter11 national Criminal Court’’ has the meaning given the term

12 in section 821(c) of this Act.

13 SEC. 823. PERMANENT REQUIREMENT FOR REPORTS RE14 GARDING FOREIGN TRAVEL.

15 Section 2505 of the Foreign Affairs Reform and Re16 structuring Act of 1998 (as contained in division G of

17 Public Law 105–277) is amended—

18 (1) in subsection (a), by striking ‘‘by this divi19 sion for fiscal year 1999’’ and inserting ‘‘for the De20 partment of State for any fiscal year’’; and

21 (2) in subsection (d), by striking ‘‘not later

22 than April 1, 1999,’’ and inserting ‘‘on April 1 and

23 October 1 of each year’’.
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1 SEC. 824. ASSISTANCE TO STATES AND LOCAL GOVERN2 MENTS BY THE INTERNATIONAL BOUNDARY

3 AND WATER COMMISSION.

4 (a) AUTHORITY.—Upon the request of a State or

5 local government, the Commissioner of the United States

6 Section of the International Boundary and Water Com7 mission may provide, on a reimbursable basis, technical

8 tests, evaluations, information, surveys, or other similar

9 services to that government.

10 (b) REIMBURSEMENTS.—

11 (1) AMOUNT OF REIMBURSEMENT.—Reim12 bursement for services under subsection (a) shall be

13 made before the services are provided and shall be

14 in an amount equal to the estimated or actual cost

15 of providing the goods or services, as determined by

16 the United States Section of the International

17 Boundary and Water Commission. Proper adjust18 ment of amounts paid in advance by the recipient of

19 the services shall be made as agreed to by the

20 United States Section of the International Boundary

21 and Water Commission on the basis of the actual

22 cost of goods or services provided.

23 (2) CREDITING APPLICABLE APPROPRIATION

24 ACCOUNT.—Reimbursements received by the United

25 States Section of the International Boundary and

26 Water Commission for providing services under this
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1 section shall be deposited as an offsetting collection

2 to the appropriation account from which the cost of

3 providing the services has been paid or will be

4 charged.

5 TITLE IX—ARREARS PAYMENTS

6 AND REFORM

7 Subtitle A—General Provisions

8 SEC. 901. SHORT TITLE.

9 This title may be cited as the ‘‘United Nations Re10 form Act of 1999’’.

11 SEC. 902. DEFINITIONS.

12 In this title:

13 (1) APPROPRIATE CONGRESSIONAL COMMIT14 TEES.—The term ‘‘appropriate congressional com15 mittees’’ means the Committee on Foreign Relations

16 and the Committee on Appropriations of the Senate

17 and the Committee on International Relations and

18 the Committee on Appropriations of the House of

19 Representatives.

20 (2) DESIGNATED SPECIALIZED AGENCY DE21 FINED.—The term ‘‘designated specialized agency’’

22 means the International Labor Organization, the

23 World Health Organization, and the Food and Agri24 culture Organization.
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1 (3) GENERAL ASSEMBLY.—The term ‘‘General

2 Assembly’’ means the General Assembly of the

3 United Nations.

4 (4) SECRETARY GENERAL.—The term ‘‘Sec5 retary General’’ means the Secretary General of the

6 United Nations.

7 (5) SECURITY COUNCIL.—The term ‘‘Security

8 Council’’ means the Security Council of the United

9 Nations.

10 (6) UNITED NATIONS MEMBER.—The term

11 ‘‘United Nations member’’ means any country that

12 is a member of the United Nations.

13 (7) UNITED NATIONS PEACEKEEPING OPER14 ATION.—The term ‘‘United Nations peacekeeping

15 operation’’ means any United Nations-led operation

16 to maintain or restore international peace or security

17 that—

18 (A) is authorized by the Security Council;

19 and

20 (B) is paid for from assessed contributions

21 of United Nations members that are made

22 available for peacekeeping activities.
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1 Subtitle B—Arrearages to the

2 United Nations

3 CHAPTER 1—AUTHORIZATION OF APPRO4 PRIATIONS; OBLIGATION AND EX5 PENDITURE OF FUNDS

6 SEC. 911. AUTHORIZATION OF APPROPRIATIONS.

7 (a) AUTHORIZATION.—

8 (1) FISCAL YEAR 1998.—

9 (A) REGULAR ASSESSMENTS.—In title IV

10 of the Departments of Commerce, Justice, and

11 State, the Judiciary, and Related Agencies Ap12 propriations Act, 1998 (Public Law 105-119),

13 under the heading ‘‘Contributions to Inter14 national Organizations’’, the first proviso shall

15 not apply.

16 (B) PEACEKEEPING ASSESSMENTS.—In

17 title IV of the Departments of Commerce, Jus18 tice, and State, the Judiciary, and Related

19 Agencies Appropriations Act, 1998 (Public Law

20 105-119), under the heading ‘‘Contributions for

21 International Peacekeeping Activities’’, the first

22 and second provisos shall not apply.

23 (2) FISCAL YEAR 1999.—Pursuant to the first

24 proviso under the heading ‘‘Arrearage Payments’’ in

25 title IV of the Commerce, Justice, and State, the
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1 Judiciary, and Related Agencies Appropriations Act,

2 1999 (as contained in section 101(b) of division A

3 of the Omnibus Consolidated and Emergency Sup4 plemental Appropriations Act, 1999; Public Law

5 105–277), the obligation and expenditure of funds

6 appropriated under such heading for payment of ar7 rearages to meet obligations of membership in the

8 United Nations, and to pay assessed expenses of

9 international peacekeeping activities are hereby au10 thorized, and the second proviso under such heading

11 shall not apply.

12 (3) FISCAL YEAR 2000.—There are authorized

13 to be appropriated to the Department of State for

14 payment of arrearages owed by the United States

15 described in subsection (b) as of September 30,

16 1997, $244,000,000 for fiscal year 2000.

17 (b) LIMITATION.—Amounts made available under

18 subsection (a) are authorized to be available only—

19 (1) to pay the United States share of assess20 ments for the regular budget of the United Nations;

21 (2) to pay the United States share of United

22 Nations peacekeeping operations;

23 (3) to pay the United States share of United

24 Nations specialized agencies; and
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1 (4) to pay the United States share of other

2 international organizations.

3 (c) AVAILABILITY OF FUNDS.—Amounts appro4 priated pursuant to subsection (a) are authorized to re5 main available until expended.

6 (d) STATUTORY CONSTRUCTION.—For purposes of

7 payments made using funds made available under sub8 section (a), section 404(b)(2) of the Foreign Relations Au9 thorization Act, Fiscal Years 1994 and 1995 (Public Law

10 103–236) shall not apply to United Nations peacekeeping

11 operation assessments received by the United States prior

12 to October 1, 1995.

13 SEC. 912. OBLIGATION AND EXPENDITURE OF FUNDS.

14 (a) IN GENERAL.—Funds made available pursuant to

15 section 911 may be obligated and expended only if the re16 quirements of subsections (b) and (c) of this section are

17 satisfied.

18 (b) OBLIGATION AND EXPENDITURE UPON SATIS19 FACTION OF CERTIFICATION REQUIREMENTS.—Subject to

20 subsections (e) and (f), funds made available pursuant to

21 section 911 may be obligated and expended only in the

22 following allotments and upon the following certifications:

23 (1) Amounts made available for fiscal year

24 1998, upon the certification described in section

25 921.
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1 (2) Amounts made available for fiscal year

2 1999, upon the certification described in section

3 931.

4 (3) Amounts authorized to be appropriated for

5 fiscal year 2000, upon the certification described in

6 section 941.

7 (c) ADVANCE CONGRESSIONAL NOTIFICATION.—

8 Funds made available pursuant to section 911 may be ob9 ligated and expended only if the appropriate certification

10 has been submitted to the appropriate congressional com11 mittees 30 days prior to the payment of the funds.

12 (d) TRANSMITTAL OF CERTIFICATIONS.—Certifi13 cations made under this chapter shall be transmitted by

14 the Secretary of State to the appropriate congressional

15 committees.

16 (e) WAIVER AUTHORITY WITH RESPECT TO FISCAL

17 YEAR 1999 FUNDS.—

18 (1) IN GENERAL.—Subject to paragraph (3)

19 and notwithstanding subsection (b), funds made

20 available under section 911 for fiscal year 1999 may

21 be obligated or expended pursuant to subsection

22 (b)(2) even if the Secretary of State cannot certify

23 that the condition described in section 931(b)(1) has

24 been satisfied.

25 (2) REQUIREMENTS.—
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1 (A) IN GENERAL.—The authority to waive

2 the condition described in paragraph (1) of this

3 subsection may be exercised only if the Sec4 retary of State—

5 (i) determines that substantial

6 progress towards satisfying the condition

7 has been made and that the expenditure of

8 funds pursuant to that paragraph is im9 portant to the interests of the United

10 States; and

11 (ii) has notified, and consulted with,

12 the appropriate congressional committees

13 prior to exercising the authority.

14 (B) EFFECT ON SUBSEQUENT CERTIFI15 CATION.—If the Secretary of State exercises the

16 authority of paragraph (1), the condition de17 scribed in that paragraph shall be deemed to

18 have been satisfied for purposes of making any

19 certification under section 941.

20 (3) ADDITIONAL REQUIREMENT.—If the au21 thority to waive a condition under paragraph (1)(A)

22 is exercised, the Secretary of State shall notify the

23 United Nations that the Congress does not consider

24 the United States obligated to pay, and does not in25 tend to pay, arrearages that have not been included
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1 in the contested arrearages account or other mecha2 nism described in section 931(b)(1).

3 (f) WAIVER AUTHORITY WITH RESPECT TO FISCAL

4 YEAR 2000 FUNDS.—

5 (1) IN GENERAL.—Subject to paragraph (2)

6 and notwithstanding subsection (b), funds made

7 available under section 911 for fiscal year 2000 may

8 be obligated or expended pursuant to subsection

9 (b)(3) even if the Secretary of State cannot certify

10 that the condition described in paragraph (1) of sec11 tion 941(b) has been satisfied.

12 (2) REQUIREMENTS.—

13 (A) IN GENERAL.—The authority to waive

14 a condition under paragraph (1) may be exer15 cised only if the Secretary of State has notified,

16 and consulted with, the appropriate congres17 sional committees prior to exercising the au18 thority.

19 (B) EFFECT ON SUBSEQUENT CERTIFI20 CATION.—If the Secretary of State exercises the

21 authority of paragraph (1) with respect to a

22 condition, such condition shall be deemed to

23 have been satisfied for purposes of making any

24 certification under section 941.
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1 SEC. 913. FORGIVENESS OF AMOUNTS OWED BY THE

2 UNITED NATIONS TO THE UNITED STATES.

3 (a) FORGIVENESS OF INDEBTEDNESS.—Subject to

4 subsection (b), the President is authorized to forgive or

5 reduce any amount owed by the United Nations to the

6 United States as a reimbursement, including any reim7 bursement payable under the Foreign Assistance Act of

8 1961 or the United Nations Participation Act of 1945.

9 (b) LIMITATIONS.—

10 (1) TOTAL AMOUNT.—The total of amounts for11 given or reduced under subsection (a) may not ex12 ceed $107,000,000.

13 (2) RELATION TO UNITED STATES ARREAR14 AGES.—Amounts shall be forgiven or reduced under

15 this section only to the same extent as the United

16 Nations forgives or reduces amounts owed by the

17 United States to the United Nations as of Sep18 tember 30, 1997.

19 (c) REQUIREMENTS.—The authority in subsection (a)

20 shall be available only to the extent and in the amounts

21 provided in advance in appropriations Acts.

22 (d) CONGRESSIONAL NOTIFICATION.—Before exer23 cising any authority in subsection (a), the President shall

24 notify the appropriate congressional committees in accord25 ance with the same procedures as are applicable to re-
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1 programming notifications under section 634A of the For2 eign Assistance Act of 1961 (22 U.S.C. 2394–1).

3 (e) EFFECTIVE DATE.—This section shall take effect

4 on the date a certification is transmitted to the appro5 priate congressional committees under section 931.

6 CHAPTER 2—UNITED STATES

7 SOVEREIGNTY

8 SEC. 921. CERTIFICATION REQUIREMENTS.

9 (a) CONTENTS OF CERTIFICATION.—A certification

10 described in this section is a certification by the Secretary

11 of State that the following conditions are satisfied:

12 (1) SUPREMACY OF THE UNITED STATES CON13 STITUTION.—No action has been taken by the

14 United Nations or any of its specialized or affiliated

15 agencies that requires the United States to violate

16 the United States Constitution or any law of the

17 United States.

18 (2) NO UNITED NATIONS SOVEREIGNTY.—Nei19 ther the United Nations nor any of its specialized or

20 affiliated agencies—

21 (A) has exercised sovereignty over the

22 United States; or

23 (B) has taken any steps that require the

24 United States to cede sovereignty.

25 (3) NO UNITED NATIONS TAXATION.—
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1 (A) NO LEGAL AUTHORITY.—Except as

2 provided in subparagraph (D), neither the

3 United Nations nor any of its specialized or af4 filiated agencies has the authority under United

5 States law to impose taxes or fees on United

6 States nationals.

7 (B) NO TAXES OR FEES.—Except as pro8 vided in subparagraph (D), a tax or fee has not

9 been imposed on any United States national by

10 the United Nations or any of its specialized or

11 affiliated agencies.

12 (C) NO TAXATION PROPOSALS.—Except as

13 provided in subparagraph (D), neither the

14 United Nations nor any of its specialized or af15 filiated agencies has, on or after October 1,

16 1996, officially approved any formal effort to

17 develop, advocate, or promote any proposal con18 cerning the imposition of a tax or fee on any

19 United States national in order to raise revenue

20 for the United Nations or any such agency.

21 (D) EXCEPTION.—This paragraph does

22 not apply to—

23 (i) fees for publications or other kinds

24 of fees that are not tantamount to a tax on

25 United States citizens;
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1 (ii) the World Intellectual Property

2 Organization; or

3 (iii) the staff assessment costs of the

4 United Nations and its specialized or affili5 ated agencies.

6 (4) NO STANDING ARMY.—The United Nations

7 has not, on or after October 1, 1996, budgeted any

8 funds for, nor taken any official steps to develop,

9 create, or establish any special agreement under Ar10 ticle 43 of the United Nations Charter to make

11 available to the United Nations, on its call, the

12 armed forces of any member of the United Nations.

13 (5) NO INTEREST FEES.—The United Nations

14 has not, on or after October 1, 1996, levied interest

15 penalties against the United States or any interest

16 on arrearages on the annual assessment of the

17 United States, and neither the United Nations nor

18 its specialized agencies have, on or after October 1,

19 1996, amended their financial regulations or taken

20 any other action that would permit interest penalties

21 to be levied against the United States or otherwise

22 charge the United States any interest on arrearages

23 on its annual assessment.

24 (6) UNITED STATES REAL PROPERTY

25 RIGHTS.—Neither the United Nations nor any of its
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1 specialized or affiliated agencies has exercised au2 thority or control over any United States national

3 park, wildlife preserve, monument, or real property,

4 nor has the United Nations nor any of its specialized

5 or affiliated agencies implemented plans, regulations,

6 programs, or agreements that exercise control or au7 thority over the private real property of United

8 States citizens located in the United States without

9 the approval of the property owner.

10 (7) TERMINATION OF BORROWING AUTHOR11 ITY.—

12 (A) PROHIBITION ON AUTHORIZATION OF

13 EXTERNAL BORROWING.—On or after the date

14 of enactment of this Act, neither the United

15 Nations nor any specialized agency of the

16 United Nations has amended its financial regu17 lations to permit external borrowing.

18 (B) PROHIBITION OF UNITED STATES PAY19 MENT OF INTEREST COSTS.—The United States

20 has not, on or after October 1, 1984, paid its

21 share of any interest costs made known to or

22 identified by the United States Government for

23 loans incurred, on or after October 1, 1984, by

24 the United Nations or any specialized agency of

25 the United Nations through external borrowing.
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1 (b) TRANSMITTAL.—The Secretary of State may

2 transmit a certification under subsection (a) at any time

3 during fiscal year 1998 or thereafter if the requirements

4 of the certification are satisfied.

5 CHAPTER 3—REFORM OF ASSESSMENTS

6 AND UNITED NATIONS PEACEKEEPING

7 OPERATIONS

8 SEC. 931. CERTIFICATION REQUIREMENTS.

9 (a) IN GENERAL.—A certification described in this

10 section is a certification by the Secretary of State that

11 the conditions in subsection (b) are satisfied. Such certifi12 cation shall not be made by the Secretary if the Secretary

13 determines that any of the conditions set forth in section

14 921 are no longer satisfied.

15 (b) CONDITIONS.—The conditions under this sub16 section are the following:

17 (1) CONTESTED ARREARAGES.—The United

18 Nations has established an account or other appro19 priate mechanism with respect to all United States

20 arrearages incurred before the date of enactment of

21 this Act with respect to which payments are not au22 thorized by this Act, and the failure to pay amounts

23 specified in the account does not affect the applica24 tion of Article 19 of the Charter of the United Na25 tions. The account established under this paragraph
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1 may be referred to as the ‘‘contested arrearages ac2 count’’.

3 (2) LIMITATION ON ASSESSED SHARE OF BUDG4 ET FOR UNITED NATIONS PEACEKEEPING OPER5 ATIONS.—The assessed share of the budget for each

6 assessed United Nations peacekeeping operation

7 does not exceed 25 percent for any single United

8 Nations member.

9 (3) LIMITATION ON ASSESSED SHARE OF REG10 ULAR BUDGET.—The share of the total of all as11 sessed contributions for the regular budget of the

12 United Nations does not exceed 22 percent for any

13 single United Nations member.

14 CHAPTER 4—BUDGET AND PERSONNEL

15 REFORM

16 SEC. 941. CERTIFICATION REQUIREMENTS.

17 (a) IN GENERAL.—

18 (1) IN GENERAL.—Except as provided in para19 graph (2), a certification described in this section is

20 a certification by the Secretary of State that the

21 conditions in subsection (b) are satisfied.

22 (2) SPECIFIED CERTIFICATION.—A certification

23 described in this section is also a certification that,

24 with respect to the United Nations or a particular

25 designated specialized agency, the conditions in sub-
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1 section (b)(4) applicable to that organization are

2 satisfied, regardless of whether the conditions in

3 subsection (b)(4) applicable to any other organiza4 tion are satisfied, if the other conditions in sub5 section (b) are satisfied.

6 (3) EFFECT OF SPECIFIED CERTIFICATION.—

7 Funds made available under section 912(b)(3) upon

8 a certification made under this section with respect

9 to the United Nations or a particular designated

10 specialized agency shall be limited to that portion of

11 the funds available under that section that is allo12 cated for the organization with respect to which the

13 certification is made and for any other organization

14 to which none of the conditions in subsection (b)

15 apply.

16 (4) LIMITATION.—A certification described in

17 this section shall not be made by the Secretary if the

18 Secretary determines that any of the conditions set

19 forth in sections 921 and 931 are no longer satis20 fied.

21 (b) CONDITIONS.—The conditions under this sub22 section are the following:

23 (1) LIMITATION ON ASSESSED SHARE OF REG24 ULAR BUDGET.—The share of the total of all as25 sessed contributions for the regular budget of the
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1 United Nations, or any designated specialized agen2 cy of the United Nations, does not exceed 20 percent

3 for any single United Nations member.

4 (2) INSPECTORS GENERAL FOR CERTAIN ORGA5 NIZATIONS.—

6 (A) ESTABLISHMENT OF OFFICES.—Each

7 designated specialized agency has established an

8 independent office of inspector general to con9 duct and supervise objective audits, inspections,

10 and investigations relating to the programs and

11 operations of the organization.

12 (B) APPOINTMENT OF INSPECTORS GEN13 ERAL.—The Director General of each des14 ignated specialized agency has appointed an in15 spector general, with the approval of the mem16 ber states, and that appointment was made

17 principally on the basis of the appointee’s integ18 rity and demonstrated ability in accounting, au19 diting, financial analysis, law, management

20 analysis, public administration, or investiga21 tions.

22 (C) ASSIGNED FUNCTIONS.—Each inspec23 tor general appointed under subparagraph (A)

24 is authorized to—
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1 (i) make investigations and reports re2 lating to the administration of the pro3 grams and operations of the agency con4 cerned;

5 (ii) have access to all records, docu6 ments, and other available materials relat7 ing to those programs and operations of

8 the agency concerned; and

9 (iii) have direct and prompt access to

10 any official of the agency concerned.

11 (D) COMPLAINTS.—Each designated spe12 cialized agency has procedures in place designed

13 to protect the identity of, and to prevent repris14 als against, any staff member making a com15 plaint or disclosing information to, or cooper16 ating in any investigation or inspection by, the

17 inspector general of the agency.

18 (E) COMPLIANCE WITH RECOMMENDA19 TIONS.—Each designated specialized agency has

20 in place procedures designed to ensure compli21 ance with the recommendations of the inspector

22 general of the agency.

23 (F) AVAILABILITY OF REPORTS.—Each

24 designated specialized agency has in place pro25 cedures to ensure that all annual and other rel-
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1 evant reports submitted by the inspector gen2 eral to the agency are made available to the

3 member states without modification except to

4 the extent necessary to protect the privacy

5 rights of individuals.

6 (3) NEW BUDGET PROCEDURES FOR THE

7 UNITED NATIONS.—The United Nations has estab8 lished and is implementing budget procedures that—

9 (A) require the maintenance of a budget

10 not in excess of the level agreed to by the Gen11 eral Assembly at the beginning of each United

12 Nations budgetary biennium, unless increases

13 are agreed to by consensus; and

14 (B) require the system-wide identification

15 of expenditures by functional categories such as

16 personnel, travel, and equipment.

17 (4) SUNSET POLICY FOR CERTAIN UNITED NA18 TIONS PROGRAMS.—

19 (A) EXISTING AUTHORITY.—The Secretary

20 General and the Director General of each des21 ignated specialized agency have used their exist22 ing authorities to require program managers

23 within the United Nations Secretariat and the

24 Secretariats of the designated specialized agen25 cies to conduct evaluations of United Nations
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1 programs approved by the General Assembly,

2 and of programs of the designated specialized

3 agencies, in accordance with the standardized

4 methodology referred to in subparagraph (B).

5 (B) DEVELOPMENT OF EVALUATION CRI6 TERIA.—

7 (i) UNITED NATIONS.—The Office of

8 Internal Oversight Services has developed

9 a standardized methodology for the evalua10 tion of United Nations programs approved

11 by the General Assembly, including specific

12 criteria for determining the continuing rel13 evance and effectiveness of the programs.

14 (ii) DESIGNATED SPECIALIZED AGEN15 CIES.—Patterned on the work of the Office

16 of Internal Oversight Services of the

17 United Nations, each designated special18 ized agency has developed a standardized

19 methodology for the evaluation of the pro20 grams of the agency, including specific cri21 teria for determining the continuing rel22 evance and effectiveness of the programs.

23 (C) PROCEDURES.—Consistent with the

24 July 16, 1997, recommendations of the Sec25 retary General regarding a sunset policy and re-
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1 sults-based budgeting for United Nations pro2 grams, the United Nations and each designated

3 specialized agency has established and is imple4 menting procedures—

5 (i) requiring the Secretary General or

6 the Director General of the agency, as the

7 case may be, to report on the results of

8 evaluations referred to in this paragraph,

9 including the identification of programs

10 that have met criteria for continuing rel11 evance and effectiveness and proposals to

12 terminate or modify programs that have

13 not met such criteria; and

14 (ii) authorizing an appropriate body

15 within the United Nations or the agency,

16 as the case may be, to review each evalua17 tion referred to in this paragraph and re18 port to the General Assembly on means of

19 improving the program concerned or on

20 terminating the program.

21 (D) UNITED STATES POLICY.—It shall be

22 the policy of the United States to seek adoption

23 by the United Nations of a resolution requiring

24 that each United Nations program approved by

25 the General Assembly, and to seek adoption by
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1 each designated specialized agency of a resolu2 tion requiring that each program of the agency,

3 be subject to an evaluation referred to in this

4 paragraph and have a specific termination date

5 so that the program will not be renewed unless

6 the evaluation demonstrates the continuing rel7 evance and effectiveness of the program.

8 (E) DEFINITION.—For purposes of this

9 paragraph, the term ‘‘United Nations program

10 approved by the General Assembly’’ means a

11 program approved by the General Assembly of

12 the United Nations which is administered or

13 funded by the United Nations.

14 (5) UNITED NATIONS ADVISORY COMMITTEE ON

15 ADMINISTRATIVE AND BUDGETARY QUESTIONS.—

16 (A) IN GENERAL.—The United States has

17 a seat on the United Nations Advisory Com18 mittee on Administrative and Budgetary Ques19 tions or the five largest member contributors

20 each have a seat on the Advisory Committee.

21 (B) DEFINITION.—As used in this para22 graph, the term ‘‘5 largest member contribu23 tors’’ means the 5 United Nations member

24 states that, during a United Nations budgetary

25 biennium, have more total assessed contribu-
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1 tions than any other United Nations member

2 state to the aggregate of the United Nations

3 regular budget and the budget (or budgets) for

4 United Nations peacekeeping operations.

5 (6) ACCESS BY THE GENERAL ACCOUNTING OF6 FICE.—The United Nations has in effect procedures

7 providing access by the United States General Ac8 counting Office to United Nations financial data to

9 assist the Office in performing nationally mandated

10 reviews of United Nations operations.

11 (7) PERSONNEL.—

12 (A) APPOINTMENT AND SERVICE OF PER13 SONNEL.—The Secretary General—

14 (i) has established and is imple15 menting procedures that ensure that staff

16 employed by the United Nations is ap17 pointed on the basis of merit consistent

18 with Article 101 of the United Nations

19 Charter; and

20 (ii) is enforcing those contractual obli21 gations requiring worldwide availability of

22 all professional staff of the United Nations

23 to serve and be relocated based on the

24 needs of the United Nations.
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1 (B) CODE OF CONDUCT.—The General As2 sembly has adopted, and the Secretary General

3 has the authority to enforce and is effectively

4 enforcing, a code of conduct binding on all

5 United Nations personnel, including the re6 quirement of financial disclosure statements

7 binding on senior United Nations personnel and

8 the establishment of rules against nepotism that

9 are binding on all United Nations personnel.

10 (C) PERSONNEL EVALUATION SYSTEM.—

11 The United Nations has adopted and is enforc12 ing a personnel evaluation system.

13 (D) PERIODIC ASSESSMENTS.—The United

14 Nations has established and is implementing a

15 mechanism to conduct periodic assessments of

16 the United Nations payroll to determine total

17 staffing, and the results of such assessments

18 are reported in an unabridged form to the Gen19 eral Assembly.

20 (E) REVIEW OF UNITED NATIONS ALLOW21 ANCE SYSTEM.—The United States has com22 pleted a thorough review of the United Nations

23 personnel allowance system. The review shall in24 clude a comparison of that system with the

25 United States civil service system, and shall
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1 make recommendations to reduce entitlements

2 to allowances and allowance funding levels from

3 the levels in effect on January 1, 1998.

4 (8) REDUCTION IN BUDGET AUTHORITIES.—

5 The designated specialized agencies have achieved

6 zero nominal growth in their biennium budgets for

7 2000–01 from the 1998–99 biennium budget levels

8 of the respective agencies.

9 (9) NEW BUDGET PROCEDURES AND FINANCIAL

10 REGULATIONS.—Each designated specialized agency

11 has established procedures to—

12 (A) require the maintenance of a budget

13 that does not exceed the level agreed to by the

14 member states of the organization at the begin15 ning of each budgetary biennium, unless in16 creases are agreed to by consensus;

17 (B) require the identification of expendi18 tures by functional categories such as per19 sonnel, travel, and equipment; and

20 (C) require approval by the member states

21 of the agency’s supplemental budget requests to

22 the Secretariat in advance of expenditures

23 under those requests.

24 (10) LIMITATION ON ASSESSED SHARE OF REG25 ULAR BUDGET FOR THE DESIGNATED SPECIALIZED
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1 AGENCIES.—The share of the total of all assessed

2 contributions for any designated specialized agency

3 does not exceed 22 percent for any single member of

4 the agency.

5 Subtitle C—Miscellaneous

6 Provisions

7 SEC. 951. STATUTORY CONSTRUCTION ON RELATION TO EX8 ISTING LAWS.

9 Except as otherwise specifically provided, nothing in

10 this title may be construed to make available funds in vio11 lation of any provision of law containing a specific prohibi12 tion or restriction on the use of the funds, including sec13 tion 114 of the Department of State Authorization Act,

14 Fiscal Years 1984 and 1985 (22 U.S.C. 287e note), sec15 tion 151 of the Foreign Relations Authorization Act, Fis16 cal Years 1986 and 1987 (22 U.S.C. 287e note), and sec17 tion 404 of the Foreign Relations Authorization Act, Fis18 cal Years 1994 and 1995 (22 U.S.C. 287e note).

19 SEC. 952. PROHIBITION ON PAYMENTS RELATING TO

20 UNIDO AND OTHER INTERNATIONAL ORGANI21 ZATIONS FROM WHICH THE UNITED STATES

22 HAS WITHDRAWN OR RESCINDED FUNDING.

23 None of the funds authorized to be appropriated by

24 this title shall be used to pay any arrearage for—
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1 (1) the United Nations Industrial Development

2 Organization;

3 (2) any costs to merge that organization into

4 the United Nations;

5 (3) the costs associated with any other organi6 zation of the United Nations from which the United

7 States has withdrawn including the costs of the

8 merger of such organization into the United Na9 tions; or

10 (4) the World Tourism Organization, or any

11 other international organization with respect to

12 which Congress has rescinded funding.