106TH CONGRESS

1ST SESSION S. 886

AN ACT

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,

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

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

5 ‘‘Admiral James W. Nance Foreign Relations Authoriza6 tion Act, Fiscal Years 2000 and 2001’’.
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1 (b) TABLE OF CONTENTS.—The table of contents of

2 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. Study for establishment of Russian Democracy Foundation.

Sec. 205. Limitation on participation in international expositions.

Sec. 206. Inspector General for the Inter-American Foundation and the African

Development Foundation.

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.

Sec. 216. Mikey Kale Passport Notification Act of 1999.

TITLE III—ORGANIZATION AND PERSONNEL OF THE

DEPARTMENT OF STATE

Subtitle A—Organization Matters

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

Sec. 302. State Department official for Northeastern Europe.

Sec. 303. Science and Technology Adviser to Secretary of State.

Subtitle B—Foreign Service Reform

Sec. 311. Findings.

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.
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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.

Sec. 323. Extension of use of foreign service personnel system.

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.

Sec. 337. State Department Inspector General and personnel investigations.

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

Sec. 611. Key Verification Assets Fund.

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

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

Sec. 618. Preservation of the START Treaty verification regime.

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.

Sec. 643. Reform of the Diplomatic Telecommunications Service Program Office.

Sec. 644. Sense of Congress on factors for consideration in negotiations with

the Russian Federation on reductions in strategic nuclear

forces.

Sec. 645. Clarification of exception to national security controls on satellite export licensing.

Sec. 646. Study on licensing process under the Arms Export Control Act.

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.
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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.

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.

Sec. 730. Sense of Congress on the use of children as soldiers or other combatants in foreign armed forces.

Sec. 731. Technical corrections.

Sec. 732. Reports with respect to a referendum on Western Sahara.

Sec. 733. Self-determination in East Timor.

Sec. 734. Prohibition on the return of veterans memorial objects to foreign nations without specific authorization in law.

Sec. 735. Support for the peace process in Sudan.

Sec. 736. Expressing the sense of the Congress regarding the treatment of religious minorities in the Islamic Republic of Iran, and particularly the recent arrests of members of that country’s Jewish

community.

Sec. 737. Reporting requirements under PLO Commitments Compliance Act of

1989.

Sec. 738. Report on terrorist activity in which United States citizens were

killed and related matters.

Sec. 739. Sense of Senate regarding child labor.

Sec. 740. Reporting requirement on worldwide circulation of small arms and

light weapons.

Subtitle C—United States Entry-Exit Controls

Sec. 751. Amendment of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996.

Sec. 752. Report on automated entry-exit control system.

Sec. 753. Annual reports on entry-exit control and use of entry-exit control

data.

TITLE VIII—INTERNATIONAL ORGANIZATIONS AND COMMISSIONS

Subtitle A—Authorizations of Appropriations

Sec. 801. Contributions to international organizations.

Sec. 802. Contributions for international peacekeeping activities.

Sec. 803. Authorization of appropriations for contributions to the United Nations Voluntary Fund for Victims of Torture.

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
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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.

Sec. 825. United States representation at the International Atomic Energy

Agency.

Sec. 826. Annual financial audits of United States section of the International

Boundary and Water Commission.

Sec. 827. Sense of Congress concerning ICTR.

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.

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.

TITLE IX—RUSSIAN BUSINESS MANAGEMENT EDUCATION

Sec. 1001. Purpose.

Sec. 1002. Definitions.

Sec. 1003. Authorization for training program and internships.

Sec. 1004. Applications for technical assistance.

Sec. 1005. United States-Russian business management training board.

Sec. 1006. Restrictions not applicable.
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Sec. 1007. Authorization of appropriations.

Sec. 1008. Effective date.

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

23 year 2000 and $2,837,772,000 for the fiscal year

24 2001.
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1 (2) CAPITAL INVESTMENT FUND.—For ‘‘Cap2 ital Investment Fund’’ of the Department of State,

3 $90,000,000 for the fiscal year 2000 and

4 $90,000,000 for the fiscal year 2001.

5 (3) SECURITY AND MAINTENANCE OF UNITED

6 STATES MISSIONS.—For ‘‘Security and Maintenance

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

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

9 year 2001.

10 (4) REPRESENTATION ALLOWANCES.—For

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

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

13 2001.

14 (5) EMERGENCIES IN THE DIPLOMATIC AND

15 CONSULAR SERVICE.—For ‘‘Emergencies in the Dip16 lomatic and Consular Service’’, $17,000,000 for the

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

18 2001.

19 (6) OFFICE OF THE INSPECTOR GENERAL.—

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

21 for the fiscal year 2000 and $30,054,000 for the fis22 cal year 2001.

23 (7) PAYMENT TO THE AMERICAN INSTITUTE IN

24 TAIWAN.—For ‘‘Payment to the American Institute
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1 in Taiwan’’, $15,760,000 for the fiscal year 2000

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

3 (8) PROTECTION OF FOREIGN MISSIONS AND

4 OFFICIALS.—

5 (A) AMOUNTS AUTHORIZED TO BE APPRO6 PRIATED.—For ‘‘Protection of Foreign Missions

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

8 2000 and $9,490,000 for the fiscal year 2001.

9 (B) AVAILABILITY OF FUNDS.—Each

10 amount appropriated pursuant to this para11 graph is authorized to remain available through

12 September 30 of the fiscal year following the

13 fiscal year for which the amount was appro14 priated.

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

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

17 $1,200,000 for the fiscal year 2001, for administra18 tive expenses.

19 (b) ALLOCATION OF FUNDS FOR COMMERCIAL LI20 CENSES.—Of the funds made available to the Department

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

22 made available only for the activities of the Office of De23 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), $5,000,000 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) MUSKIE FELLOWSHIP DOCTORAL GRADUATE

21 STUDIES FOR NATIONALS OF THE INDEPENDENT STATES

22 OF THE FORMER SOVIET UNION.—

23 (1) ALLOCATION OF FUNDS.—Of the amounts

24 authorized to be appropriated under subsection

25 (a)(1)(B), not less than $2,000,000 for fiscal year
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1 2000, and not less than $2,000,000 for fiscal year

2 2001, shall be made available to provide scholarships

3 for doctoral graduate study in the social sciences to

4 nationals of the independent states of the former So5 viet Union under the Edmund S. Muskie Fellowship

6 Program authorized by section 227 of the Foreign

7 Relations Authorization Act, Fiscal Years 1992 and

8 1993 (22 U.S.C. 2452 note).

9 (2) REQUIREMENTS.—

10 (A) NON-FEDERAL SUPPORT.—Not less

11 than 20 percent of the costs of each student’s

12 doctoral study supported under paragraph (1)

13 shall be provided from non-Federal sources.

14 (B) HOME COUNTRY RESIDENCE REQUIRE15 MENT.—

16 (i) AGREEMENT FOR SERVICE IN

17 HOME COUNTRY.—Before an individual

18 may receive scholarship assistance under

19 paragraph (1), the individual shall enter

20 into a written agreement with the Depart21 ment of State under which the individual

22 agrees that after completing all degree re23 quirements, or terminating his or her stud24 ies, whichever occurs first, the individual

25 will return to the country of the individ-
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1 ual’s nationality, or country of last habit2 ual residence, within the independent

3 states of the former Soviet Union (as de4 fined in section 3 of the FREEDOM Sup5 port Act (22 U.S.C. 5801)), to reside and

6 remain physically present there for an ag7 gregate of at least one year for each year

8 of study supported under paragraph (1).

9 (ii) DENIAL OF ENTRY INTO THE

10 UNITED STATES FOR NONCOMPLIANCE.—

11 Any individual who has entered into an

12 agreement under clause (i) and who has

13 not completed the period of home country

14 residence and presence required by that

15 agreement shall be ineligible for a visa and

16 inadmissible to the United States.

17 (d) VIETNAM FULBRIGHT ACADEMIC EXCHANGE

18 PROGRAM.—Of the amounts authorized to be appro19 priated under subsection (a)(1)(A), $5,000,000 for the fis20 cal year 2000 and $5,000,000 for the fiscal year 2001

21 shall be available only to carry out the Vietnam scholar22 ship program established by section 229 of the Foreign

23 Relations Authorization Act, Fiscal Years 1992 and 1993

24 (Public Law 102–138).
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1 SEC. 105. GRANTS TO THE ASIA FOUNDATION.

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

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

4 as follows:

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

6 to the Secretary of State $15,000,000 for each of the fis7 cal years 2000 and 2001 for grants to The Asia Founda8 tion pursuant to this title.’’.

9 TITLE II—DEPARTMENT OF

10 STATE BASIC AUTHORITIES

11 AND ACTIVITIES

12 Subtitle A—Basic Authorities and

13 Activities

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

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

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

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

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

19 the ‘‘Office’’) with a career member of the Senior Execu20 tive Service. Effective January 1, 2001, only a career

21 member of the Senior Executive Service may occupy the

22 position of Director of the Office. In selecting an indi23 vidual to fill the position of Director, the Secretary of

24 State shall seek an individual who can assure long-term

25 continuity in the management of the Office.
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1 (b) CASE OFFICER STAFFING.—Effective April 1,

2 2000, there shall be assigned to the Office of Children’s

3 Issues of the Department of State a sufficient number of

4 case officers to ensure that the average caseload for each

5 officer does not exceed 75.

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

7 shall designate in each United States diplomatic mission

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

9 matters relating to international abductions of children by

10 parents. The Director of the Office shall regularly inform

11 the designated employee of children of United States citi12 zens abducted by parents to that country.

13 (d) COORDINATION.—

14 (1) PARTICULAR ABDUCTIONS.—Not later than

15 24 hours after notice of the possible abduction of a

16 child by a parent to a location abroad has been sub17 mitted to the Department of State, the Secretary of

18 State shall submit to the National Center for Miss19 ing and Exploited Children a report including the

20 following:

21 (A) The name of the abducted child.

22 (B) The name and contact information of

23 the parent or guardian who is searching for the

24 child.
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1 (C) The name and contact information for

2 the law enforcement officials, including the

3 agencies which employ the officials, assisting in

4 the effort to return the child.

5 (D) The country to which the child is be6 lieved to have been abducted.

7 (E) The name of the person believed to

8 have abducted the child.

9 (2) GENERAL CASE INFORMATION.—At least

10 once every six months, the Secretary shall submit to

11 the Center a report on the following:

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

13 parent previously submitted to the Secretary

14 that has been closed during the preceding six

15 months, including the reason for closing the

16 case.

17 (B) Any case for which the Department of

18 State has received a request during such

19 months for assistance from a parent concerned

20 about preventing the abduction of a child to a

21 location abroad.

22 (e) REPORTS TO PARENTS.—

23 (1) IN GENERAL.—Except as provided in para24 graph (2), beginning 6 months after the date of en25 actment of this Act, and at least once every 6
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1 months thereafter, the Secretary of State shall re2 port to each parent who has requested assistance re3 garding an abducted child. Each such report shall

4 include information on the current status of the ab5 ducted child’s case and the efforts by the Depart6 ment of State to resolve the case.

7 (2) EXCEPTION.—The requirement in para8 graph (1) shall not apply in a case of an abducted

9 child if—

10 (A) the case has been closed and the Sec11 retary of State has reported the reason the case

12 was closed to the parent who requested assist13 ance; or

14 (B) the parent seeking assistance requests

15 that such reports not be provided.

16 SEC. 202. STRENGTHENING IMPLEMENTATION OF THE

17 HAGUE CONVENTION ON THE CIVIL ASPECTS

18 OF INTERNATIONAL CHILD ABDUCTION.

19 (a) REPORTS ON COMPLIANCE WITH THE CONVEN20 TION.—Section 2803(a) of the Foreign Affairs Reform

21 and Restructuring Act of 1998 (as contained in division

22 G of Public Law 105–277) is amended—

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

24 the period ending September 30, 1999’’;
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1 (2) in paragraph (4), by inserting before the pe2 riod at the end the following: ‘‘, including the spe3 cific actions taken by the United States chief of mis4 sion in the country to which the child is alleged to

5 have been abducted’’; and

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

7 paragraph:

8 ‘‘(6) a description of the efforts of the Sec9 retary of State to encourage the parties to the Con10 vention to facilitate the work of nongovernmental or11 ganizations within their countries that assist parents

12 seeking the return of children under the Conven13 tion.’’.

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

15 the sense of Congress that the Secretary of State should

16 continue to work with the National Center for Missing and

17 Exploited Children in the United States to assist parents

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

19 the United States in violation of the Convention on the

20 Civil Aspects of International Child Abduction, done at

21 The Hague on October 25, 1980.

22 SEC. 203. HUMAN RIGHTS REPORTING ON THE TREATMENT

23 OF CHILDREN.

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

25 the annual human rights report by the Department of
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1 State should include a section on each country regarding

2 the treatment of children in that country.

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

4 section described in subsection (a) should include—

5 (1) a description of compliance by the country

6 with the Convention on the Civil Aspects of Inter7 national Child Abduction, done at The Hague on

8 October 25, 1980;

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

10 thereof, in resolving cases of abducted children by

11 each country that is not a party to the Convention

12 on the Civil Aspects of International Child Abduc13 tion, done at The Hague on October 25, 1980;

14 (3) the number of children who were abducted

15 and remain in the country, with special emphasis on

16 cases of more than one year in duration; and

17 (4) an identification of those cases that have re18 sulted in the successful return of children.

19 SEC. 204. STUDY FOR ESTABLISHMENT OF RUSSIAN DE20 MOCRACY FOUNDATION.

21 (a) IN GENERAL.—The Secretary of State shall con22 duct a study of the feasibility of establishing a Russia23 based foundation for the promotion of democratic institu24 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. 205. 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 SEC. 206. INSPECTOR GENERAL FOR THE INTER-AMERICAN

2 FOUNDATION AND THE AFRICAN DEVELOP3 MENT FOUNDATION.

4 Notwithstanding any other provision of law, the In5 spector General of the Agency for International Develop6 ment shall serve as the Inspector General of the Inter7 American Foundation and the African Development Foun8 dation and shall have all the authorities and responsibil9 ities with respect to the Inter-American Foundation and

10 the African Development Foundation as the Inspector

11 General has with respect to the Agency for International

12 Development.

13 Subtitle B—Consular Authorities

14 SEC. 211. FEES FOR MACHINE READABLE VISAS.

15 Section 140(a) of the Foreign Relations Authoriza16 tion Act, Fiscal Years 1994 and 1995 (Public Law 103–

17 236; 8 U.S.C. 1351 note) is amended—

18 (1) by striking the first sentence of paragraph

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

20 and 2001, any amount collected under paragraph

21 (1) that exceeds $300,000,000 may be made avail22 able for the purposes of paragraph (2) only if a noti23 fication is submitted to Congress in accordance with

24 the procedures applicable to reprogramming notifica25 tions under section 34 of the State Department
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1 Basic Authorities Act of 1956 (22 U.S.C. 2706).’’;

2 and

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

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

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

6 State may charge and retain a fee or surcharge for serv7 ices provided by the Department of State to any sponsor

8 who provides an affidavit of support under section 213A

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

10 to ensure that such affidavit is properly completed before

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

12 consular officer in connection with the adjudication of an

13 immigrant visa. Such fee or surcharge shall be in addition

14 to and separate from any fee imposed for immigrant visa

15 application processing and issuance, and shall recover only

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

17 (b) LIMITATION.—Any fee established under sub18 section (a) shall be charged only once to a sponsor who

19 files essentially duplicative affidavits of support in connec20 tion with separate immigrant visa applications from the

21 spouse and children of any petitioner required by the Im22 migration and Nationality Act to petition separately for

23 such persons.

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

25 authority of subsection (a) shall be deposited as an offset-
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1 ting collection to any Department of State appropriation

2 to recover the cost of providing consular services.

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

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

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

6 an appropriation Act.

7 SEC. 213. PASSPORT FEES.

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

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

10 (1) in the first sentence—

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

12 inserting ‘‘the filing of each application for a

13 passport (including the cost of passport

14 issuance and use)’’; and

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

16 passport;’’ and inserting ‘‘each such applica17 tion’’; and

18 (2) by adding after the first sentence the fol19 lowing new sentence: ‘‘Such fees shall not be refund20 able, except as the Secretary may by regulation pre21 scribe.’’.

22 (b) REPEAL OF OUTDATED PROVISION ON PASSPORT

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

24 (22 U.S.C. 216) is repealed.
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1 SEC. 214. DEATHS AND ESTATES OF UNITED STATES CITI2 ZENS ABROAD.

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

4 (22 U.S.C. 4195) is repealed.

5 (b) AMENDMENT TO STATE DEPARTMENT BASIC AU6 THORITIES ACT.—The State Department Basic Authori7 ties Act of 1956 is amended by inserting after section 43

8 (22 U.S.C. 2715) the following new sections:

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

10 DEATH.

11 ‘‘(a) IN GENERAL.—Whenever a United States cit12 izen or national dies abroad, a consular officer shall en13 deavor to notify, or assist the Secretary of State in noti14 fying, the next of kin or legal guardian as soon as possible,

15 except that, in the case of death of any Peace Corps volun16 teer (within the meaning of section 5(a) of the Peace

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

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

19 any Department of Defense employee, the consular officer

20 shall assist the Peace Corps or the appropriate military

21 authorities, as the case may be, in making such notifica22 tions.

23 ‘‘(b) REPORTS OF DEATH OR PRESUMPTIVE

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

25 citizen who dies abroad—
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1 ‘‘(1) in the case of a finding of death by the ap2 propriate local authorities, issue a report of death or

3 of presumptive death; or

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

5 appropriate local authorities, issue a report of pre6 sumptive death.

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

8 of State shall prescribe such regulations as may be nec9 essary to carry out this section.

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

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

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

13 Whenever a United States citizen or national dies

14 abroad, a consular officer shall act as the provisional

15 conservator of the portion of the decedent’s estate

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

17 and (5), shall—

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

19 of the decedent within his jurisdiction;

20 ‘‘(B) inventory and appraise the personal

21 effects of the decedent, sign the inventory, and

22 annex thereto a certificate as to the accuracy of

23 the inventory and appraised value of each arti24 cle;
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1 ‘‘(C) when appropriate in the exercise of

2 prudent administration, collect the debts due to

3 the decedent in the officer’s jurisdiction and

4 pay from the estate the obligations owed by the

5 decedent;

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

7 the exercise of prudent administration, all per8 ishable items of property;

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

10 and notice to such next of kin as can be

11 ascertained with reasonable diligence, such ad12 ditional items of property as necessary to pro13 vide funds sufficient to pay the decedent’s debts

14 and property taxes in the country of death, fu15 neral expenses, and other expenses incident to

16 the disposition of the estate;

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

18 period beginning on the date of death (or after

19 such additional period as may be required for

20 final settlement of the estate), if no claimant

21 shall have appeared, after reasonable public no22 tice and notice to such next of kin as can be

23 ascertained with reasonable diligence, sell or

24 dispose of the residue of the personal estate, ex25 cept as provided in subparagraph (G), in the
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1 same manner as United States Government2 owned foreign excess property;

3 ‘‘(G) transmit to the custody of the Sec4 retary of State in Washington, D.C. the pro5 ceeds of any sales, together with all financial in6 struments (including bonds, shares of stock,

7 and notes of indebtedness), jewelry, heirlooms,

8 and other articles of obvious sentimental value,

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

10 ‘‘(H) in the event that the decedent’s es11 tate includes an interest in real property located

12 within the jurisdiction of the officer and such

13 interest does not devolve by the applicable laws

14 of intestate succession or otherwise, provide for

15 title to the property to be conveyed to the Gov16 ernment of the United States unless the Sec17 retary declines to accept such conveyance.

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

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

20 may act as administrator of an estate in exceptional

21 circumstances if expressly authorized to do so by the

22 Secretary of State.

23 ‘‘(3) EXCEPTIONS.—The responsibilities de24 scribed in paragraphs (1) and (2) may not be per25 formed to the extent that the decedent has left or
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1 there is otherwise appointed, in the country where

2 the death occurred or where the decedent was domi3 ciled, a legal representative, partner in trade, or

4 trustee appointed to take care of his personal estate.

5 If the decedent’s legal representative shall appear at

6 any time prior to transmission of the estate to the

7 Secretary and demand the proceeds and effects

8 being held by the consular officer, the officer shall

9 deliver them to the representative after having col10 lected any prescribed fee for the services performed

11 under this section.

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

13 to being subject to the limitations in paragraph (3),

14 the responsibilities described in paragraphs (1) and

15 (2) may not be performed unless—

16 ‘‘(A) authorized by treaty provisions or

17 permitted by the laws or authorities of the

18 country wherein the death occurs, or the dece19 dent is domiciled; or

20 ‘‘(B) permitted by established usage in

21 that country.

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

23 this section supersedes or otherwise affects the au24 thority of any military commander under title 10 of

25 the United States Code with respect to the person
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1 or property of any decedent who died while under a

2 military command or jurisdiction or the authority of

3 the Peace Corps with respect to a Peace Corps vol4 unteer or the volunteer’s property.

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

6 OF STATE.—

7 ‘‘(1) PERSONAL ESTATES.—

8 ‘‘(A) IN GENERAL.—After receipt of a per9 sonal estate pursuant to subsection (a), the

10 Secretary may seek payment of all outstanding

11 debts to the estate as they become due, may re12 ceive any balances due on such estate, may en13 dorse all checks, bills of exchange, promissory

14 notes, and other instruments of indebtedness

15 payable to the estate for the benefit thereof,

16 and may take such other action as is reasonably

17 necessary for the conservation of the estate.

18 ‘‘(B) DISPOSITION AS SURPLUS UNITED

19 STATES PROPERTY.—If, upon the expiration of

20 a period of 5 fiscal years beginning on October

21 1 after a consular officer takes possession of a

22 personal estate under subsection (a), no legal

23 claimant for such estate has appeared, title to

24 the estate shall be conveyed to the United

25 States, the property in the estate shall be under
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1 the custody of the Department of State, and

2 the Secretary shall dispose of the estate in the

3 same manner as surplus United States Govern4 ment-owned property is disposed or by such

5 means as may be appropriate in light of the na6 ture and value of the property involved. The ex7 penses of sales shall be paid from the estate,

8 and any lawful claim received thereafter shall

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

10 proceeds of the estate as a refund from the ap11 propriate Treasury appropriations account.

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

13 cash estate after disposition as provided in sub14 paragraph (B) shall be transferred to the mis15 cellaneous receipts account of the Treasury of

16 the United States.

17 ‘‘(2) REAL PROPERTY.—

18 ‘‘(A) DESIGNATION AS EXCESS PROP19 ERTY.—In the event that title to real property

20 is conveyed to the Government of the United

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

22 not required by the Department of State, such

23 property shall be considered foreign excess

24 property under title IV of the Federal Property
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1 and Administrative Services Act of 1949 (40

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

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

4 that the Department requires such property,

5 the Secretary of State shall treat such property

6 as if it were an unconditional gift accepted on

7 behalf of the Department of State under section

8 25 of this Act and section 9(a)(3) of the For9 eign Service Buildings Act of 1926.

10 ‘‘(c) LOSSES IN CONNECTION WITH THE CONSERVA11 TION OF ESTATES.—

12 ‘‘(1) AUTHORITY TO COMPENSATE.—The Sec13 retary is authorized to compensate the estate of any

14 United States citizen who has died overseas for

15 property—

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

17 undertaken under section 43 or subsection (a)

18 of this section; and

19 ‘‘(B) that has been lost, stolen, or de20 stroyed while in the custody of officers or em21 ployees of the Department of State.

22 ‘‘(2) LIABILITY.—

23 ‘‘(A) EXCLUSION OF PERSONAL LIABILITY

24 AFTER PROVISION OF COMPENSATION.—Any

25 such compensation shall be in lieu of personal
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1 liability of officers or employees of the Depart2 ment of State.

3 ‘‘(B) LIABILITY TO THE DEPARTMENT.—

4 An officer or employee of the Department of

5 State may be liable to the Department of State

6 to the extent of any compensation provided

7 under paragraph (1).

8 ‘‘(C) DETERMINATIONS OF LIABILITY.—

9 The liability of any officer or employee of the

10 Department of State to the Department for any

11 payment made under subsection (a) shall be de12 termined pursuant to the Department’s proce13 dures for determining accountability for United

14 States Government property.

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

16 prescribe such regulations as may be necessary to carry

17 out this section.’’.

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

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

20 date of enactment of this Act.

21 SEC. 215. MAJOR DISASTERS AND OTHER INCIDENTS

22 ABROAD AFFECTING UNITED STATES CITI23 ZENS.

24 Section 43 of the State Department Basic Authorities

25 Act of 1956 (22 U.S.C. 2715) is amended—
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1 (1) by inserting ‘‘(a) AUTHORITY.—’’ before

2 ‘‘In’’;

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

4 in the last sentence and inserting ‘‘disposition of

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

6 (3) by adding at the end the following new sub7 section:

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

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

10 any United States citizen employee of the Department of

11 State who is designated by the Secretary of State to per12 form consular services pursuant to such regulations as the

13 Secretary may prescribe.’’.

14 SEC. 216. MIKEY KALE PASSPORT NOTIFICATION ACT OF

15 1999.

16 (a) Not later than 180 days after the enactment of

17 this Act, the Secretary of State shall issue regulations

18 that—

19 (1) provide that, in the issuance of a passport

20 to minors under the age of 18 years, both parents,

21 a guardian, or a person in loco parentis have—

22 (A) executed the application; and

23 (B) provided documentary evidence dem24 onstrating that they are the parents, guardian,

25 or person in loco parentis; and
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1 (2) provide that, in the issuance of a passport

2 to minors under the age of 18 years, in those cases

3 where both parents have not executed the passport

4 application, the person executing the application has

5 provided documentary evidence that such person—

6 (A) has sole custody of the child; or

7 (B) the other parent has provided consent

8 to the issuance of the passport.

9 The requirement of this paragraph shall not apply to

10 guardians or persons in loco parentis.

11 (b) The regulations required to be issued by this sec12 tion may provide for exceptions in exigent circumstances

13 involving the health or welfare of the child.

14 TITLE III—ORGANIZATION AND

15 PERSONNEL OF THE DEPART16 MENT OF STATE

17 Subtitle A—Organization Matters

18 SEC. 301. LEGISLATIVE LIAISON OFFICES OF THE DEPART19 MENT OF STATE.

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

21 State shall develop a plan for the establishment of legisla22 tive liaison offices for the Department of State within the

23 office buildings of the House of Representatives and the

24 Senate. In developing the plan, the Secretary should exam25 ine existing liaison offices of other executive departments
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1 that are located in the congressional office buildings, in2 cluding the liaison offices of the military services.

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

4 subsection (a) shall consider—

5 (1) space requirements;

6 (2) cost implications;

7 (3) personnel structure; and

8 (4) the feasibility of modifying the Pearson Fel9 lowship program in order to require members of the

10 Foreign Service who serve in such fellowships to

11 serve a second year in a legislative liaison office.

12 (c) TRANSMITTAL OF PLAN.—Not later than October

13 1, 1999, the Secretary of State shall submit to the Com14 mittee on International Relations and the Committee on

15 House Administration of the House of Representatives

16 and the Committee on Foreign Relations and the Com17 mittee on Rules and Administration of the Senate the plan

18 developed under subsection (a).

19 SEC. 302. STATE DEPARTMENT OFFICIAL FOR NORTH20 EASTERN EUROPE.

21 The Secretary of State shall designate an existing

22 senior-level official of the Department of State with re23 sponsibility for promoting regional cooperation in and co24 ordinating United States policy toward Northeastern Eu25 rope.
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1 SEC. 303. SCIENCE AND TECHNOLOGY ADVISER TO SEC2 RETARY OF STATE.

3 (a) ESTABLISHMENT OF POSITION.—Section 1 of the

4 State Department Basic Authorities Act of 1956 (22

5 U.S.C. 2651a) is amended by adding at the end the fol6 lowing new subsection:

7 ‘‘(g) SCIENCE AND TECHNOLOGY ADVISER.—

8 ‘‘(1) IN GENERAL.—There shall be within the

9 Department of State a Science and Technology Ad10 viser (in this paragraph referred to as the ‘Adviser’).

11 The Adviser shall report to the Secretary of State

12 through the Under Secretary of State for Global Af13 fairs.

14 ‘‘(2) DUTIES.—The Adviser shall—

15 ‘‘(A) advise the Secretary of State, through

16 the Under Secretary of State for Global Affairs,

17 on international science and technology matters

18 affecting the foreign policy of the United

19 States; and

20 ‘‘(B) perform such duties, exercise such

21 powers, and have such rank and status as the

22 Secretary of State shall prescribe.’’.

23 (b) REPORT.—Not later than six months after receipt

24 by the Secretary of State of the report by the National

25 Research Council of the National Academy of Sciences

26 with respect to the contributions that science, technology,
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1 and health matters can make to the foreign policy of the

2 United States, the Secretary of State, acting through the

3 Under Secretary of State for Global Affairs, shall submit

4 a report to Congress setting forth the Secretary of State’s

5 plans for implementation, as appropriate, of the rec6 ommendations of the report.

7 Subtitle B—Foreign Service

8 Reform

9 SEC. 311. FINDINGS.

10 Congress makes the following findings:

11 (1) To carry out its international relations and

12 diplomacy, the United States has relied on a profes13 sional career Foreign Service that was established by

14 law in 1924.

15 (2) The Foreign Service Act of 1980 accurately

16 states that the United States career foreign service

17 is essential to the national interest in that it assists

18 the President and the Secretary of State in con19 ducting the foreign affairs of the United States.

20 (3) The career Foreign Service is premised on

21 a membership that is characterized by excellence, in22 telligence, professionalism, and integrity.

23 (4) Ethical, professional, and financial mis24 conduct by career members of the Foreign Service,

25 while uncommon, must be met with fair but swift
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1 disciplinary action. A failure to adequately discipline,

2 and in some cases remove from the Foreign Service,

3 those career members who violate laws or regula4 tions would erode the qualities of excellence required

5 of United States Foreign Service members.

6 (5) Retention of members of the Foreign Serv7 ice who do not meet high standards of conduct

8 would in the long term harm important national in9 terests of the United States.

10 SEC. 312. UNITED STATES CITIZENS HIRED ABROAD.

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

12 (22 U.S.C. 3968(a)(1)) is amended in the last sentence—

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

14 through ‘‘(B)’’; and

15 (2) by striking ‘‘this total compensation pack16 age’’ and insert ‘‘the compensation plan’’.

17 SEC. 313. LIMITATION ON PERCENTAGE OF SENIOR FOR18 EIGN SERVICE ELIGIBLE FOR PERFORMANCE

19 PAY.

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

21 (22 U.S.C. 3965(b)(1)) is amended by striking ‘‘50’’ and

22 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-
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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 that includes a suspension of more than

12 five days taken against a member of the Service, including

13 any correction of that record under section 1107(b)(1),

14 shall remain a part of the personnel records until the

15 member is tenured as a career member of the Service or

16 next promoted.’’.

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

18 this section apply to all disciplinary actions initiated on

19 or after the date of enactment of this Act.

20 SEC. 318. LIMITATION ON SALARY AND BENEFITS FOR

21 MEMBERS OF THE FOREIGN SERVICE REC22 OMMENDED FOR SEPARATION FOR CAUSE.

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

24 4010(a)) is amended by adding at the end the following

25 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 two years after the occurrence giving rise to

17 the grievance or, in the case of a grievance with respect

18 to the grievant’s rater or reviewer, one year after the date

19 on which the grievant ceased to be subject to rating or

20 review by that person, but in no case less than two years

21 after the occurrence giving rise to the grievance.’’.

22 (b) GRIEVANCES ALLEGING DISCRIMINATION.—Sec23 tion 1104 of that Act (22 U.S.C. 4134) is amended by

24 striking subsection (c).

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

26 this section shall take effect 180 days after the date of
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1 enactment of this Act and shall apply to grievances which

2 arise on or after such effective date.

3 SEC. 322. REPORTS BY THE FOREIGN SERVICE GRIEVANCE

4 BOARD.

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

6 U.S.C. 4135) is amended by adding the following new sub7 section:

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

9 Chairman of the Foreign Service Grievance Board shall

10 prepare a report summarizing the activities of the Board

11 during the previous calendar year. The report shall

12 include—

13 ‘‘(A) the number of cases filed;

14 ‘‘(B) the types of cases filed;

15 ‘‘(C) the number of cases on which a final deci16 sion was reached, as well as data on the outcome of

17 cases, whether affirmed, reversed, settled, with18 drawn, or dismissed;

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

20 and the length of each such hearing;

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

22 relief was granted by the Board; and

23 ‘‘(F) data on the average time for consideration

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

25 of the Board.
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1 ‘‘(2) The report required under paragraph (1) shall

2 be submitted to the Director General of the Foreign Serv3 ice and the Committee on Foreign Relations of the Senate

4 and the Committee on International Relations of the

5 House of Representatives.’’.

6 SEC. 323. EXTENSION OF USE OF FOREIGN SERVICE PER7 SONNEL SYSTEM.

8 Section 202(a) of the Foreign Service Act of 1980

9 (22 U.S.C. 3922(a)) is amended by adding at the end the

10 following new paragraph:

11 ‘‘(4)(A) Whenever (and to the extent) the Sec12 retary of State considers it in the best interests of

13 the United States Government, the Secretary of

14 State may authorize the head of any agency or other

15 Government establishment (including any establish16 ment in the legislative or judicial branch) to appoint

17 under section 303 individuals described in subpara18 graph (B) as members of the Service and to utilize

19 the Foreign Service personnel system with respect to

20 such individuals under such regulations as the Sec21 retary of State may prescribe.

22 ‘‘(B) The individuals referred to in subpara23 graph (A) are individuals hired for employment

24 abroad under section 311(a).’’.
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1 Subtitle C—Other Personnel

2 Matters

3 SEC. 331. BORDER EQUALIZATION PAY ADJUSTMENT.

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

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

6 by adding at the end the following new section:

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

8 ‘‘(a) IN GENERAL.—An employee who regularly com9 mutes from the employee’s place of residence in the conti10 nental United States to an official duty station in Canada

11 or Mexico shall receive a border equalization pay adjust12 ment equal to the amount of comparability payments

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

14 the employee would receive if the employee were assigned

15 to an official duty station within the United States locality

16 pay area closest to the employee’s official duty station.

17 ‘‘(b) EMPLOYEE DEFINED.—For purposes of this

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

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

20 2105 of title 5, United States Code; and

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

22 the United States Agency for International Develop23 ment, or the International Joint Commission of the

24 United States and Canada (established under Article

25 VII of the treaty signed January 11, 1909) (36
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1 Stat. 2448), except that the term shall not include

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

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

4 pay adjustment paid under this section shall be considered

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

6 comparability payments are considered to be part of basic

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

8 ‘‘(d) REGULATIONS.—The heads of the agencies re9 ferred to in subsection (b)(2) may prescribe regulations

10 to carry out this section.’’.

11 (b) CONFORMING AMENDMENT.—The table of con12 tents for the Foreign Service Act of 1980 is amended by

13 inserting after the item relating to section 413 the fol14 lowing new item:

‘‘Sec. 414. Border equalization pay adjustment.’’.

15 SEC. 332. TREATMENT OF CERTAIN PERSONS REEMPLOYED

16 AFTER SERVICE WITH INTERNATIONAL OR17 GANIZATIONS.

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

19 is amended by inserting after section 8432b the following

20 new section:

21 ‘‘§ 8432c. Contributions of certain persons reem22 ployed after service with international

23 organizations

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

25 any person who—
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1 ‘‘(1) transfers from a position of employment

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

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

4 a position of employment with an international orga5 nization pursuant to section 3582;

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

7 coverage, rights, and benefits under any system es8 tablished by law for the retirement of persons during

9 the period of employment with the international or10 ganization and currently deposits the necessary de11 ductions in payment for such coverage, rights, and

12 benefits in the system’s fund; and

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

14 to a position covered by chapter 83 or 84 or sub15 chapter I or II of chapter 8 of the Foreign Service

16 Act of 1980 after separation from the international

17 organization.

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

19 Thrift Savings Fund, in accordance with this subsection,

20 an amount not to exceed the amount described in para21 graph (2).

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

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

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

25 section 8351(b)(2) or 8432(a), as applicable, which
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1 the person would have made over the period begin2 ning on the date of transfer of the person (as de3 scribed in subsection (a)(1)) and ending on the day

4 before the date of reemployment of the person (as

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

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

7 any, under section 8351(b)(2) or 8432(a), as appli8 cable, actually made by the person over the period

9 described in subparagraph (A).

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

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

12 same manner as would any contributions under sec13 tion 8351(b)(2) or 8432(a), as applicable;

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

15 specified by the person under paragraph (4)(B); and

16 ‘‘(C) shall be in addition to any contributions

17 actually being made by the person during that pe18 riod under section 8351(b)(2) or 8432(a), as appli19 cable.

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

21 form, and manner in which a covered person may

22 specify—

23 ‘‘(A) the total amount the person wishes to con24 tribute with respect to any period described in para25 graph (2)(A); and
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1 ‘‘(B) the period of time over which the covered

2 person wishes to make contributions under this sub3 section.

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

5 under section 8432(a) makes contributions under sub6 section (b), the agency employing the person shall make

7 those contributions to the Thrift Savings Fund on the per8 son’s behalf in the same manner as contributions are made

9 for an employee described in section 8432b(a) under sec10 tions 8432b(c), 8432b(d), and 8432b(f). Amounts paid

11 under this subsection shall be paid in the same manner

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

13 ‘‘(d) For purposes of any computation under this sec14 tion, a covered person shall, with respect to the period de15 scribed in subsection (b)(2)(A), be considered to have been

16 paid at the rate which would have been payable over such

17 period had the person remained continuously employed in

18 the position that the person last held before transferring

19 to the international organization.

20 ‘‘(e) For purposes of section 8432(g), a covered per21 son shall be credited with a period of civilian service equal

22 to the period beginning on the date of transfer of the per23 son (as described in subsection (a)(1)) and ending on the

24 day before the date of reemployment of the person (as de25 scribed in subsection (a)(3)).
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1 ‘‘(f) The Executive Director shall prescribe regula2 tions to carry out this section.’’.

3 (b) CONFORMING AMENDMENT.—The table of sec4 tions for chapter 84 of title 5, United States Code, is

5 amended by inserting after the item relating to section

6 8432b the following:

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

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

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

9 after the date of enactment of this Act.

10 SEC. 333. HOME SERVICE TRANSFER ALLOWANCE.

11 Section 5922 of title 5, United States Code is amend12 ed by adding at the end the following new subsection:

13 ‘‘(f) Upon the death of an employee, a transfer allow14 ance under section 5924(2)(B) may be furnished to any

15 spouse or dependent of such employee for the purpose of

16 returning such spouse or dependent to the United

17 States.’’.

18 SEC. 334. PARENTAL CHOICE IN EDUCATION.

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

20 amended—

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

22 that post and the nearest locality where adequate

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

24 post and the school chosen by the employee, not to
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1 exceed the total cost to the Government of the de2 pendent attending an adequate school in the nearest

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

4 (2) by adding at the end the following new sub5 paragraph:

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

7 school is available at the post of the employee,

8 if the employee chooses to educate the depend9 ent at a school away from post, the education

10 allowance which includes board and room, and

11 periodic travel between the post and the school

12 chosen, shall not exceed the total cost to the

13 Government of the dependent attending an ade14 quate school at the post of the employee.’’.

15 SEC. 335. MEDICAL EMERGENCY ASSISTANCE.

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

17 amended—

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

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

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

21 pay may be paid in advance to—

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

23 agency (other than a United States citizen employed

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

25 1980 (22 U.S.C. 3951(a))—
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1 ‘‘(i) who is assigned or located outside of

2 the United States pursuant to Government au3 thorization; and

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

5 who must, undergo outside of the United States

6 medical treatment of the nature specified in

7 regulations promulgated by the Secretary of

8 State; and

9 ‘‘(B) each foreign national employee appointed

10 under section 303 of the Foreign Service Act of

11 1980 (22 U.S.C. 3943) and each United States cit12 izen employed under section 311(a) of that Act (22

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

14 government employee assigned abroad—

15 ‘‘(i) who is located outside of the country

16 of employment pursuant to United States Gov17 ernment authorization; and

18 ‘‘(ii) who must undergo outside the coun19 try of employment medical treatment of the na20 ture specified in regulations promulgated by the

21 Secretary of State.

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

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

24 without regard to the number of courses of medical treat25 ment required by the employee.
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1 ‘‘(3)(A) Subject to the adjustment of the account of

2 an employee under subparagraph (B) and other applicable

3 provisions of law, the amount paid to an employee in ad4 vance shall be equal to the rate of pay authorized with

5 respect to the employee on the date the advance payment

6 is made under agency procedures governing other advance

7 payments permitted under this subchapter.

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

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

10 of the agency who receives any advance payment

11 under this section; and

12 ‘‘(ii) the recovery of the amount of pay or waiv13 er thereof.

14 ‘‘(4) For the purposes of this subsection, the term

15 ‘country of employment’ means the country outside the

16 United States where the employee was appointed for em17 ployment or employed by the United States Government.’’.

18 SEC. 336. REPORT CONCERNING FINANCIAL DISADVAN19 TAGES FOR ADMINISTRATIVE AND TECH20 NICAL PERSONNEL.

21 (a) FINDINGS.—Congress finds that administrative

22 and technical personnel posted to United States missions

23 abroad who do not have diplomatic status suffer financial

24 disadvantages from their lack of such status.
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1 (b) REPORT.—Not later than 1 year after the date

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

3 submit a report to the appropriate congressional commit4 tees concerning the extent to which administrative and

5 technical personnel posted to United States missions

6 abroad who do not have diplomatic status suffer financial

7 disadvantages from their lack of such status, including

8 proposals to alleviate such disadvantages.

9 SEC. 337. STATE DEPARTMENT INSPECTOR GENERAL AND

10 PERSONNEL INVESTIGATIONS.

11 (a) AMENDMENT OF THE FOREIGN SERVICE ACT of

12 1980.—Section 209(c) of the Foreign Service Act of 1980

13 (22 U.S.C. 3929(c)) is amended by adding at the end the

14 following:

15 ‘‘(5) INVESTIGATIONS.—

16 ‘‘(A) CONDUCT OF INVESTIGATIONS.—In

17 conducting investigations of potential violations

18 of Federal criminal law or Federal regulations,

19 the Inspector General shall—

20 ‘‘(i) abide by professional standards

21 applicable to Federal law enforcement

22 agencies; and

23 ‘‘(ii) permit each subject of an inves24 tigation an opportunity to provide excul25 patory information.
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1 ‘‘(B) REPORTS OF INVESTIGATIONS.—In

2 order to ensure that reports of investigations

3 are thorough and accurate, the Inspector Gen4 eral shall—

5 ‘‘(i) make every reasonable effort to

6 ensure that any person named in a report

7 of investigation has been afforded an op8 portunity to refute any allegation or asser9 tion made regarding that person’s actions;

10 ‘‘(ii) include in every report of inves11 tigation any exculpatory information, as

12 well as any inculpatory information, that

13 has been discovered in the course of the in14 vestigation.’’.

15 (b) ANNUAL REPORT.—Section 209(d)(2) of the For16 eign Service Act of 1980 (22 U.S.C. 3929(d)(2)) is

17 amended—

18 (1) by striking ‘‘and’’ at the end of subpara19 graph (D);

20 (2) by striking the period at the end of sub21 paragraph (E) and inserting ‘‘; and’’; and

22 (3) by inserting after subparagraph (E) the fol23 lowing new subparagraph:

24 ‘‘(F) a description, which may be included,

25 if necessary, in the classified portion of the re-
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1 port, of any instance in a case that was closed

2 during the period covered by the report when

3 the Inspector General decided not to afford an

4 individual the opportunity described in sub5 section (c)(5)(B)(i) to refute any allegation or

6 assertion, and the rationale for denying such in7 dividual that opportunity.’’.

8 (c) STATUTORY CONSTRUCTION.—Nothing in the

9 amendments made by this section may be construed to

10 modify—

11 (1) section 209(d)(4) of the Foreign Service Act

12 of 1980 (22 U.S.C. 3929(d)(4));

13 (2) section 7(b) of the Inspector General Act of

14 1978 (5 U.S.C. app.);

15 (3) the Privacy Act of 1974 (5 U.S.C. 552a);

16 or

17 (4) the provisions of section 2302(b)(8) of title

18 5 (relating to whistleblower protection).

19 (d) EFFECTIVE DATE.—The amendments made by

20 this section shall apply to cases opened on or after the

21 date of the enactment of this Act.
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1 TITLE IV—EMBASSY SECURITY

2 AND COUNTERTERRORISM

3 MEASURES

4 SEC. 401. SHORT TITLE.

5 This title may be cited as the ‘‘Secure Embassy Con6 struction and Counterterrorism Act of 1999’’.

7 SEC. 402. FINDINGS.

8 Congress makes the following findings:

9 (1) On August 7, 1998, the United States em10 bassies in Nairobi, Kenya, and in Dar es Salaam,

11 Tanzania, were destroyed by simultaneously explod12 ing bombs. The resulting explosions killed 220 per13 sons and injured more than 4,000 others. Twelve

14 Americans and 40 Kenyan and Tanzanian employees

15 of the United States Foreign Service were killed in

16 the attack.

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

18 Salaam and Nairobi showed leadership and personal

19 courage in their response to the attacks. Despite the

20 havoc wreaked upon the embassies, staff in both em21 bassies provided rapid response in locating and res22 cuing victims, providing emergency assistance, and

23 quickly restoring embassy operations during a crisis.

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

25 individuals associated with Osama bin Laden, leader
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1 of a known transnational terrorist organization. In

2 February 1998, bin Laden issued a directive to his

3 followers that called for attacks against United

4 States interests anywhere in the world.

5 (4) Following the bombings, additional threats

6 have been made against United States diplomatic fa7 cilities.

8 (5) Accountability Review Boards were con9 vened following the bombings, as required by Public

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

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

12 to as the ‘‘Crowe panels’’).

13 (6) The conclusions of the Crowe panels were

14 strikingly similar to those stated by the Commission

15 chaired by Admiral Bobby Ray Inman, which issued

16 an extensive embassy security report more than 14

17 years ago.

18 (7) The Crowe panels issued a report setting

19 out many problems with security at United States

20 diplomatic facilities, in particular the following:

21 (A) The United States Government has de22 voted inadequate resources to security against

23 terrorist attacks.

24 (B) The United States Government places

25 too low a priority on security concerns.
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1 (8) The result has been a failure to take ade2 quate steps to prevent tragedies such as the bomb3 ings in Kenya and Tanzania.

4 (9) The Crowe panels found that there was an

5 institutional failure on the part of the Department

6 of State to recognize threats posed by transnational

7 terrorism and vehicular bombs.

8 (10) Responsibility for ensuring adequate re9 sources for security programs is widely shared

10 throughout the United States Government, including

11 Congress. Unless the vulnerabilities identified by the

12 Crowe panels are addressed in a sustained and fi13 nancially realistic manner, the lives and safety of

14 United States employees in diplomatic facilities will

15 continue to be at risk from further terrorist attacks.

16 (11) Although service in the Foreign Service or

17 other United States Government positions abroad

18 can never be completely without risk, the United

19 States Government must take all reasonable steps to

20 minimize security risks.

21 SEC. 403. UNITED STATES DIPLOMATIC FACILITY DEFINED.

22 In this title, the terms ‘‘United States diplomatic fa23 cility’’ and ‘‘diplomatic facility’’ mean any chancery, con24 sulate, or other office building used by a United States

25 diplomatic mission or consular post or by personnel of any
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1 agency of the United States abroad, except that those

2 terms do not include any facility under the command of

3 a United States area military commander.

4 SEC. 404. AUTHORIZATIONS OF APPROPRIATIONS.

5 (a) ESTABLISHMENT OF ACCOUNT.—There is estab6 lished in the general fund of the Treasury of the United

7 States an appropriations account for the Department of

8 State which shall be known as the ‘‘Embassy Construction

9 and Security’’ account.

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

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

12 used only for the purposes of—

13 (1) the acquisition of United States diplomatic

14 facilities and, if necessary, any residences or other

15 structures located in close physical proximity to such

16 facilities, or

17 (2) the provision of major security enhance18 ments to United States diplomatic facilities,

19 necessary to bring the United States Government into

20 compliance with all requirements applicable to the security

21 of United States diplomatic facilities, including the rel22 evant requirements set forth in section 406.

23 (c) AUTHORIZATIONS OF APPROPRIATIONS.—
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1 (1) IN GENERAL.—There are authorized to be

2 appropriated to the Department of State under

3 ‘‘Embassy Construction and Security’’—

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

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

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

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

8 and

9 (E) for fiscal year 2004, $600,000,000.

10 (2) AVAILABILITY OF AUTHORIZATIONS.—Au11 thorizations of appropriations under paragraph (1)

12 shall remain available until the appropriations are

13 made.

14 (3) AVAILABILITY OF FUNDS.—Amounts appro15 priated pursuant to paragraph (1) are authorized to

16 remain available until expended.

17 SEC. 405. OBLIGATIONS AND EXPENDITURES.

18 (a) REPORT AND PRIORITY OF OBLIGATIONS.—

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

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

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

22 State shall submit a classified report to the appro23 priate congressional committees identifying each dip24 lomatic facility that is a priority for replacement or

25 for any major security enhancement because of its
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1 vulnerability to terrorist attack (by reason of the

2 terrorist threat and the current condition of the fa3 cility). The report shall list such facilities in groups

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

5 most vulnerable to least vulnerable to such an at6 tack.

7 (2) PRIORITY ON USE OF FUNDS.—

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

9 subparagraph (B), funds made available in the

10 ‘‘Embassy Construction and Security’’ account

11 for a particular project may be used only for

12 those facilities which are listed in the first four

13 groups described in paragraph (1).

14 (B) EXCEPTIONS.—Funds made available

15 in the ‘‘Embassy Construction and Security’’

16 account may be used for facilities which are not

17 in the first four groups, if the Secretary of

18 State certifies to the appropriate congressional

19 committees that such use of the funds is in the

20 national interest of the United States.

21 (b) CONGRESSIONAL NOTIFICATION REQUIRED

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

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

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

25 notify the appropriate congressional committees in accord-
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1 ance with the procedures applicable to a reprogramming

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

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

4 (c) SEMIANNUAL REPORTS ON ACQUISITION AND

5 MAJOR SECURITY UPGRADES.—On June 1 and December

6 1 of each year, the Secretary of State shall submit a report

7 to the appropriate congressional committees on the em8 bassy construction and security program authorized under

9 this title. The report shall include—

10 (1) obligations and expenditures—

11 (A) during the previous six months; and

12 (B) since the establishment of the ‘‘Em13 bassy Construction and Security’’ account;

14 (2) projected obligations and expenditures dur15 ing the four fiscal quarters following the submission

16 of the report, and how these obligations and expend17 itures will improve security conditions of specific

18 diplomatic facilities; and

19 (3) the status of ongoing acquisition and major

20 security enhancement projects, including any signifi21 cant changes in—

22 (A) the anticipated budgetary requirements

23 for such projects;

24 (B) the anticipated schedule of such

25 projects; and
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1 (C) the anticipated scope of the projects.

2 SEC. 406. SECURITY REQUIREMENTS FOR UNITED STATES

3 DIPLOMATIC FACILITIES.

4 (a) IN GENERAL.—The following security require5 ments shall apply with respect to United States diplomatic

6 facilities:

7 (1) THREAT ASSESSMENTS.—

8 (A) EMERGENCY ACTION PLAN.—The

9 Emergency Action Plan (EAP) of each United

10 States mission shall address the threat of large

11 explosive attacks from vehicles and the safety of

12 employees during such an explosive attack.

13 (B) SECURITY ENVIRONMENT THREAT

14 LIST.—The Security Environment Threat List

15 shall contain a section that addresses potential

16 acts of international terrorism against United

17 States diplomatic facilities based on threat

18 identification criteria that emphasize the threat

19 of transnational terrorism and include the local

20 security environment, host government support,

21 and other relevant factors such as cultural re22 alities.

23 (2) SITE SELECTION.—

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

25 new United States diplomatic facilities abroad,
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1 all personnel of United States Government

2 agencies except those under the command of a

3 United States area military commander shall be

4 located on the same compound.

5 (B) WAIVER.—

6 (i) IN GENERAL.—The Secretary of

7 State may waive subparagraph (A) if—

8 (I) the Secretary and the head of

9 each agency employing affected per10 sonnel determine and certify to the

11 appropriate congressional committees

12 that security so permits, and it is in

13 the national interest of the United

14 States to do so; and

15 (II) the Secretary provides the

16 appropriate congressional committees

17 in writing the reasons justifying the

18 determination under subclause (I).

19 (ii) AUTHORITY NOT DELEGABLE.—

20 The Secretary may not delegate the au21 thority provided in clause (i).

22 (C) CONGRESSIONAL NOTIFICATION.—Any

23 waiver under this paragraph may be exercised

24 only on a date that is at least 15 days after no25 tification of the intention to waive this para-
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1 graph has been provided to the appropriate con2 gressional committees.

3 (3) PERIMETER DISTANCE.—

4 (A) REQUIREMENT.—Each newly acquired

5 United States diplomatic facility shall be sited

6 not less than 100 feet from the perimeter of the

7 property on which the facility is to be situated.

8 (B) WAIVER.—

9 (i) IN GENERAL.—The Secretary of

10 State may waive subparagraph (A) if—

11 (I) the Secretary determines and

12 certifies to the appropriate congres13 sional committees that security so per14 mits, and it is in the national interest

15 of the United States to do so; and

16 (II) the Secretary provides the

17 appropriate congressional committees

18 in writing the reasons justifying the

19 determination under subclause (I).

20 (ii) AUTHORITY NOT DELEGABLE.—

21 The Secretary may not delegate the au22 thority provided in clause (i).

23 (4) CRISIS MANAGEMENT TRAINING.—

24 (A) TRAINING OF HEADQUARTERS

25 STAFF.—The appropriate personnel of the De-
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1 partment of State headquarters staff shall un2 dertake crisis management training for mass

3 casualty and mass destruction incidents relating

4 to diplomatic facilities for the purpose of bring5 ing about a rapid response to such incidents

6 from Department of State headquarters in

7 Washington, D.C.

8 (B) TRAINING OF PERSONNEL ABROAD.—

9 A program of appropriate instruction in crisis

10 management shall be provided to personnel at

11 United States diplomatic facilities abroad.

12 (5) STATE DEPARTMENT SUPPORT.—

13 (A) FOREIGN EMERGENCY SUPPORT

14 TEAM.—The Foreign Emergency Support Team

15 (FEST) of the Department of State shall re16 ceive sufficient support from the Department,

17 including—

18 (i) conducting routine training exer19 cises of the FEST;

20 (ii) providing personnel identified to

21 serve on the FEST as a collateral duty;

22 (iii) providing personnel to assist in

23 activities such as security, medical relief,

24 public affairs, engineering, and building

25 safety; and
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1 (iv) providing such additional support

2 as may be necessary to enable the FEST

3 to provide support in a post-crisis environ4 ment involving mass casualties and phys5 ical damage.

6 (B) FEST AIRCRAFT.—

7 (i) REPLACEMENT AIRCRAFT.—The

8 President shall develop a plan to replace

9 on a priority basis the current FEST air10 craft funded by the Department of Defense

11 with a dedicated, capable, and reliable re12 placement aircraft and backup aircraft, to

13 be operated and maintained by the Depart14 ment of Defense.

15 (ii) REPORT.—Not later than 60 days

16 after the date of enactment of this Act, the

17 President shall submit a report to the ap18 propriate congressional committees describ19 ing the aircraft selected pursuant to clause

20 (i) and the arrangements for the funding,

21 operation, and maintenance of that air22 craft.

23 (6) RAPID RESPONSE PROCEDURES.—The Sec24 retary of State shall enter into a memorandum of

25 understanding with the Secretary of Defense setting
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1 out rapid response procedures for mobilization of

2 personnel and equipment of their respective depart3 ments to provide more effective assistance in times

4 of emergency with respect to United States diplo5 matic facilities.

6 (7) STORAGE OF EMERGENCY EQUIPMENT AND

7 RECORDS.—All United States diplomatic facilities

8 shall have emergency equipment and records re9 quired in case of an emergency situation stored at

10 an off-site facility.

11 (b) NATIONAL SECURITY WAIVER.—

12 (1) IN GENERAL.—The President may waive

13 the application of paragraph (2) or (3) of subsection

14 (a) with respect to a diplomatic facility, other than

15 a United States diplomatic mission or consular post

16 or a United States Agency for International Devel17 opment mission, if the President determines that—

18 (A) it is important to the national security

19 of the United States to so exempt that facility;

20 and

21 (B) all feasible steps are being taken, con22 sistent with the national security requirements

23 that require the waiver, to minimize the risk

24 and the possible consequences of a terrorist at25 tack involving that facility or its personnel.
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1 (2) PERIODIC REPORTS.—

2 (A) IN GENERAL.—Not later than January

3 1, 2000, and every six months thereafter, the

4 President shall submit to the appropriate con5 gressional committees a classified report

6 describing—

7 (i) the waivers that have been exer8 cised under this subsection during the pre9 ceding six-month period or, in the case of

10 the initial report, during the period since

11 the date of enactment of this Act; and

12 (ii) the steps taken to maintain max13 imum feasible security at the facilities in14 volved.

15 (B) SPECIAL RULE.—Any waiver that, for

16 national security reasons, may not be described

17 in a report required by subparagraph (A) shall

18 be noted in that report and described in an ap19 pendix submitted to the congressional commit20 tees with direct oversight responsibility for the

21 facility.

22 (c) STATUTORY CONSTRUCTION.—Nothing in this

23 section alters or amends existing security requirements

24 not addressed by this section.
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1 SEC. 407. CLOSURE OF VULNERABLE POSTS.

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

3 findings of the Overseas Presence Advisory Panel.

4 (b) REPORT.—

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

6 after submission of the Overseas Presence Panel Re7 port, the Secretary of State shall submit a report to

8 Congress setting forth the results of the review con9 ducted under subsection (a).

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

11 shall—

12 (A) specify whether any United States dip13 lomatic facility should be closed because—

14 (i) the facility is highly vulnerable and

15 subject to threat of terrorist attack; and

16 (ii) adequate security enhancements

17 cannot be provided to the facility;

18 (B) in the event that closure of a diplo19 matic facility is required, identify plans to pro20 vide secure premises for permanent use by the

21 United States diplomatic mission, whether in

22 country or in a regional United States diplo23 matic facility, or for temporary occupancy by

24 the mission in a facility pending acquisition of

25 new buildings;
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1 (C) outline the potential for reduction or

2 transfer of personnel or closure of missions if

3 technology is adequately exploited for maximum

4 efficiencies;

5 (D) examine the possibility of creating re6 gional missions in certain parts of the world;

7 (E) in the case of diplomatic facilities that

8 are part of the Special Embassy Program, re9 port on the foreign policy objectives served by

10 retaining such missions, balancing the impor11 tance of these objectives against the well-being

12 of United States personnel; and

13 (F) examine the feasibility of opening new

14 regional outreach centers, modeled on the sys15 tem used by the United States Embassy in

16 Paris, France, with each center designed to

17 operate—

18 (i) at no additional cost to the United

19 States Government;

20 (ii) with staff consisting of one or two

21 Foreign Service officers currently assigned

22 to the United States diplomatic mission in

23 the country in which the center is located;

24 and
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1 (iii) in a region of the country with

2 high gross domestic product (GDP), a high

3 density population, and a media market

4 that not only includes but extends beyond

5 the region.

6 SEC. 408. ACCOUNTABILITY REVIEW BOARDS.

7 Section 301 of the Omnibus Diplomatic Security and

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

9 to read as follows:

10 ‘‘SEC. 301. ACCOUNTABILITY REVIEW BOARDS.

11 ‘‘(a) IN GENERAL.

12 ‘‘(1) CONVENING A BOARD.—Except as pro13 vided in paragraph (2), in any case of serious injury,

14 loss of life, or significant destruction of property at

15 or related to a United States Government mission

16 abroad, and in any case of a serious breach of secu17 rity involving intelligence activities of a foreign gov18 ernment directed at a United States Government

19 mission abroad, which is covered by the provisions of

20 titles I through IV (other than a facility or installa21 tion subject to the control of a United States area

22 military commander), the Secretary of State shall

23 convene an Accountability Review Board (in this

24 title referred to as the ‘Board’). The Secretary shall

25 not convene a Board where the Secretary determines
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1 that a case clearly involves only causes unrelated to

2 security.

3 ‘‘(2) DEPARTMENT OF DEFENSE FACILITIES

4 AND PERSONNEL.—The Secretary of State is not re5 quired to convene a Board in the case of an incident

6 described in paragraph (1) that involves any facility,

7 installation, or personnel of the Department of De8 fense with respect to which the Secretary has dele9 gated operational control of overseas security func10 tions to the Secretary of Defense pursuant to section

11 106 of this Act. In any such case, the Secretary of

12 Defense shall conduct an appropriate inquiry. The

13 Secretary of Defense shall report the findings and

14 recommendations of such inquiry, and the action

15 taken with respect to such recommendations, to the

16 Secretary of State and Congress.

17 ‘‘(b) DEADLINES FOR CONVENING BOARDS.—

18 ‘‘(1) IN GENERAL.—Except as provided in para19 graph (2), the Secretary of State shall convene a

20 Board not later than 60 days after the occurrence

21 of an incident described in subsection (a)(1), except

22 that such 60-day period may be extended for two ad23 ditional 30-day periods if the Secretary determines

24 that the additional period or periods are necessary

25 for the convening of the Board.
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1 ‘‘(2) DELAY IN CASES INVOLVING INTEL2 LIGENCE ACTIVITIES.—With respect to breaches of

3 security involving intelligence activities, the Sec4 retary of State may delay the establishment of a

5 Board if, after consultation with the chairman of the

6 Select Committee on Intelligence of the Senate and

7 the chairman of the Permanent Select Committee on

8 Intelligence of the House of Representatives, the

9 Secretary determines that doing so would com10 promise intelligence sources and methods. The Sec11 retary shall promptly advise the chairmen of such

12 committees of each determination pursuant to this

13 paragraph to delay the establishment of a Board.

14 ‘‘(c) NOTIFICATION TO CONGRESS.—Whenever the

15 Secretary of State convenes a Board, the Secretary shall

16 promptly inform the chairman of the Committee on For17 eign Relations of the Senate and the Speaker of the House

18 of Representatives—

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

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

21 ‘‘(3) of other appropriate information about the

22 Board.’’.
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1 SEC. 409. AWARDS OF FOREIGN SERVICE STARS.

2 The State Department Basic Authorities Act of 1956

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

4 the following new section:

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

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

7 the recommendation of the Secretary, may award a For8 eign Service star to any member of the Foreign Service

9 or any other civilian employee of the Government of the

10 United States who, after August 1, 1998, while employed

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

12 mission overseas or while traveling abroad on official busi13 ness, incurred a wound or other injury or an illness

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

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

16 ‘‘(1) as the person was performing official du17 ties;

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

19 United States mission abroad; or

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

21 United States Government employee.

22 ‘‘(b) CASES RESULTING FROM UNLAWFUL CON23 DUCT.—Cases covered by subsection (a) include cases of

24 wounds or other injuries incurred as a result of terrorist

25 or military action, civil unrest, or criminal activities di-
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1 rected at any facility of the Government of the United

2 States.

3 ‘‘(c) SELECTION CRITERIA.—The Secretary shall pre4 scribe the procedures for identifying and considering per5 sons eligible for award of a Foreign Service star and for

6 selecting the persons to be recommended for the award.

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

8 selected for award of a Foreign Service star dies before

9 being presented the award, the award may be made and

10 the star presented to the person’s family or to the person’s

11 representative, as designated by the President.

12 ‘‘(e) FORM OF AWARD.—The Secretary shall pre13 scribe the design of the Foreign Service star. The award

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

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

16 a person a Foreign Service star may be paid out of appro17 priations available at the time of the award for personnel

18 of the department or agency of the United States Govern19 ment in which the person was employed when the person

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

21 award is based.’’.
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1 TITLE V—UNITED STATES

2 INTERNATIONAL BROAD3 CASTING ACTIVITIES

4 SEC. 501. AUTHORIZATIONS OF APPROPRIATIONS.

5 (a) IN GENERAL.—The following amounts are au6 thorized to be appropriated to carry out the United States

7 International Broadcasting Act of 1994, the Radio Broad8 casting to Cuba Act, and the Television Broadcasting to

9 Cuba Act, and to carry out other authorities in law con10 sistent with such purposes:

11 (1) INTERNATIONAL BROADCASTING ACTIVI12 TIES.—For ‘‘International Broadcasting Activities’’,

13 $408,979,000 for the fiscal year 2000, and

14 $408,979,000 for the fiscal year 2001.

15 (2) RADIO CONSTRUCTION.—For ‘‘Radio Con16 struction’’, $20,868,000 for the fiscal year 2000,

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

18 (3) BROADCASTING TO CUBA.—For ‘‘Broad19 casting to Cuba’’, $22,743,000 for the fiscal year

20 2000 and $22,743,000 for the fiscal year 2001.

21 SEC. 502. REAUTHORIZATION OF RADIO FREE ASIA.

22 Section 309 of the United States International

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

24 (1) by striking subsection (c);
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1 (2) by redesignating subsections (d), (e), (f),

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

3 and (h), respectively;

4 (3) in subsection (c) (as redesignated by para5 graph (2))—

6 (A) in paragraph (1)—

7 (i) by striking ‘‘(A)’’; and

8 (ii) by striking subparagraph (B);

9 (B) in paragraph (2), by striking ‘‘Sep10 tember 30, 1999’’ and inserting ‘‘September 30,

11 2005’’;

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

13 ‘‘$22,000,000 in any fiscal year’’ and inserting

14 ‘‘$28,000,000 in each of the fiscal years 2000

15 and 2001’’;

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

17 (E) by redesignating paragraph (6) as

18 paragraph (5); and

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

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

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

22 any grant for the purpose of operating Radio Free Asia

23 after September 30, 2005.’’.
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1 SEC. 503. NOMINATION REQUIREMENTS FOR THE CHAIR2 MAN OF THE BROADCASTING BOARD OF GOV3 ERNORS.

4 Section 304(b)(2) of the Foreign Relations Author5 ization Act, Fiscal Years 1994 and 1995 (22 U.S.C. 6203

6 (b)(2)), is amended—

7 (1) by striking ‘‘designate’’ and inserting ‘‘ap8 point’’; and

9 (2) by adding at the end the following: ‘‘, sub10 ject to the advice and consent of the Senate’’.

11 TITLE VI—ARMS CONTROL, NON12 PROLIFERATION, AND NA13 TIONAL SECURITY

14 SEC. 601. SHORT TITLE.

15 This title may be cited as the ‘‘Arms Control, Non16 proliferation, and National Security Act of 1999’’.

17 SEC. 602. DEFINITIONS.

18 In this title:

19 (1) ASSISTANT SECRETARY.—The term ‘‘Assist20 ant Secretary’’ means the position of Assistant Sec21 retary of State for Verification and Compliance des22 ignated under section 612.

23 (2) CONVENTION ON NUCLEAR SAFETY.—The

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

25 Convention on Nuclear Safety, done at Vienna on
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1 September 20, 1994 (Senate Treaty Document 104–

2 6).

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

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

5 105 of title 5, United States Code.

6 (4) INTELLIGENCE COMMUNITY.—The term

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

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

9 1947 (50 U.S.C. 401a(4)).

10 (5) START TREATY OR TREATY.—The term

11 ‘‘START Treaty’’ or ‘‘Treaty’’ means the Treaty

12 With the Union of Soviet Socialist Republics on the

13 Reduction and Limitation of Strategic Offensive

14 Arms, including all agreed statements, annexes, pro15 tocols, and memoranda, signed at Moscow on July

16 31, 1991.

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

18 Treaty’’ means the Treaty Between the United

19 States of America and the Russian Federation on

20 Further Reduction and Limitation of Strategic Of21 fensive Arms, and related protocols and memo22 randum of understanding, signed at Moscow on Jan23 uary 3, 1993.

24 (7) APPROPRIATE COMMITTEES OF CON25 GRESS.—The term ‘‘appropriate committees of Con-
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1 gress’’ means the Committee on International Rela2 tions and the Permanent Select Committee on Intel3 ligence of the House of Representatives and the

4 Committee on Foreign Relations and the Select

5 Committee on Intelligence of the Senate.

6 Subtitle A—Arms Control

7 CHAPTER 1—EFFECTIVE VERIFICATION

8 OF COMPLIANCE WITH ARMS CON9 TROL AGREEMENTS

10 SEC. 611. KEY VERIFICATION ASSETS FUND.

11 (a) IN GENERAL.—The Secretary of State is author12 ized to transfer funds available to the Department of State

13 under this section to the Department of Defense, Depart14 ment of Energy, or any agency, entity, or other component

15 of the intelligence community, as needed, for retaining, re16 searching, developing, or acquiring technologies or pro17 grams relating to the verification of arms control, non18 proliferation and disarmament agreements or commit19 ments.

20 (b) PROHIBITION ON REPROGRAMMING.—Notwith21 standing any other provision of law, funds made available

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

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

24 (c) FUNDING.—Of the total amount of funds author25 ized to be appropriated to the Department of State by this
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1 Act for the fiscal years 2000 and 2001, $5,000,000 is au2 thorized to be available for each such fiscal year to carry

3 out subsection (a).

4 (d) DESIGNATION OF FUND.—Amounts made avail5 able under subsection (c) may be referred to as the ‘‘Key

6 Verification Assets Fund’’.

7 SEC. 612. ASSISTANT SECRETARY OF STATE FOR

8 VERIFICATION AND COMPLIANCE.

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

10 State shall designate one of the Assistant Secretaries of

11 State authorized by section 1(c)(1) of the State Depart12 ment Basic Authorities Act of 1956 (22 U.S.C.

13 2651a(c)(1)) as the Assistant Secretary of State for

14 Verification and Compliance. The Assistant Secretary

15 shall report to the Under Secretary of State for Arms Con16 trol and International Security.

17 (b) DIRECTIVE GOVERNING THE ASSISTANT SEC18 RETARY OF STATE.—

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

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

21 State shall issue a directive governing the position of

22 Assistant Secretary.

23 (2) ELEMENTS OF THE DIRECTIVE.—The direc24 tive issued under paragraph (1) shall set forth, con25 sistent with this section—
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1 (A) the duties of the Assistant Secretary;

2 (B) the relationships between the Assistant

3 Secretary and other officials of the Department

4 of State;

5 (C) any delegation of authority from the

6 Secretary of State to the Assistant Secretary;

7 and

8 (D) such other matters as the Secretary

9 considers appropriate.

10 (c) DUTIES.—

11 (1) IN GENERAL.—The Assistant Secretary

12 shall have as his principal responsibility the overall

13 supervision (including oversight of policy and re14 sources) within the Department of State of all mat15 ters relating to verification and compliance with

16 international arms control, nonproliferation, and dis17 armament agreements or commitments.

18 (2) PARTICIPATION OF THE ASSISTANT SEC19 RETARY.—

20 (A) PRIMARY ROLE.—Except as provided

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

22 Secretary, or his designee, shall participate in

23 all interagency groups or organizations within

24 the executive branch of Government that assess,

25 analyze, or review United States planned or on-
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1 going policies, programs, or actions that have a

2 direct bearing on verification or compliance

3 matters, including interagency intelligence com4 mittees concerned with the development or ex5 ploitation of measurement or signals intel6 ligence or other national technical means of

7 verification.

8 (B) REQUIREMENT FOR DESIGNATION.—

9 Subparagraph (A) shall not apply to groups or

10 organizations on which the Secretary of State

11 or the Undersecretary of State for Arms Con12 trol and International Security sits, unless such

13 official designates the Assistant Secretary to at14 tend in his stead.

15 (C) NATIONAL SECURITY LIMITATION.—

16 (i) The President may waive the pro17 visions of subparagraph (A) if inclusion of

18 the Assistant Secretary would not be in the

19 national security interests of the United

20 States.

21 (ii) With respect to an interagency

22 group or organization, or meeting thereof,

23 working with exceptionally sensitive infor24 mation contained in compartments under

25 the control of the Director of Central Intel-
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1 ligence, the Secretary of Defense, or the

2 Secretary of Energy, such Director or Sec3 retary, as the case may be, may waive the

4 provision of subparagraph (A) if inclusion

5 of the Assistant Secretary would not be in

6 the national security interests of the

7 United States.

8 (iii) Any waiver of participation under

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

10 writing to the appropriate committees of

11 Congress.

12 (3) RELATIONSHIP TO THE INTELLIGENCE

13 COMMUNITY.—The Assistant Secretary shall be the

14 principal policy community representative to the in15 telligence community on verification and compliance

16 matters.

17 (4) REPORTING RESPONSIBILITIES.—The As18 sistant Secretary shall have responsibility within the

19 Department of State for—

20 (A) all reports required pursuant to section

21 37 of the Arms Control and Disarmament Act

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

23 (B) so much of the report required under

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

25 the Arms Control and Disarmament Act (22
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1 U.S.C. 2593a(a)) as relates to verification or

2 compliance matters; and

3 (C) other reports being prepared by the

4 Department of State as of the date of enact5 ment of this Act relating to arms control, non6 proliferation, or disarmament verification or

7 compliance matters.

8 SEC. 613. ENHANCED ANNUAL (‘‘PELL’’) REPORT.

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

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

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

12 (6);

13 (2) by striking the period at the end of para14 graph (7) and inserting a semicolon;

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

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

17 Technology Control Regime,’’ after ‘‘agree18 ments’’ the first time it appears;

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

20 the second time it appears; and

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

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

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

24 extent practicable in unclassified form, of each and

25 every question that exists with respect to compliance
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1 by other countries with arms control, nonprolifera2 tion, and disarmament agreements with the United

3 States.’’; and

4 (5) by adding at the end the following new sub5 section:

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

7 significant issue contained in a previous report issued dur8 ing 1995, or after December 31, 1995, pursuant to para9 graph (6), until the question or concern has been resolved

10 and such resolution has been reported to the appropriate

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

12 the Foreign Relations Authorization Act, Fiscal Years

13 2000 and 2001) in detail.’’.

14 SEC. 614. REPORT ON START AND START II TREATIES MONI15 TORING ISSUES.

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

17 of enactment of this Act, the Director of Central Intel18 ligence shall submit a detailed classified report to the ap19 propriate committees of Congress including the following:

20 (1) A comprehensive identification of all moni21 toring activities associated with the START and

22 START II treaties.

23 (2) The specific intelligence community assets

24 and capabilities, including analytical capabilities,

25 that the Senate was informed, prior to the Senate
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1 giving its advice and consent to ratification of the

2 treaties, would be necessary to accomplish those ac3 tivities.

4 (3) An identification of the extent to which

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

6 attained or retained, and the corresponding effect

7 this has had upon United States monitoring con8 fidence levels.

9 (4) An assessment of any Russian activities re10 lating to the START Treaty which have had an im11 pact upon the ability of the United States to monitor

12 Russian adherence to the Treaty.

13 (b) COMPARTMENTED ANNEX.—Exceptionally sen14 sitive, compartmented information in the report required

15 by this section may be provided in a compartmented annex

16 submitted to the Select Committee on Intelligence of the

17 Senate and the Permanent Select Committee on Intel18 ligence of the House of Representatives.

19 SEC. 615. STANDARDS FOR VERIFICATION.

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

21 the following terms when used in publications of the

22 United States Government, or in oral representations by

23 officials of the United States Government, should have the

24 following meanings:
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1 (1) EFFECTIVELY VERIFIABLE.—The term ‘‘ef2 fectively verifiable’’ means that the requirements of

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

4 (A) The Director of Central Intelligence

5 has certified to the President that the intel6 ligence community has a high degree of con7 fidence, with respect to a particular treaty or

8 other agreement, in its ability to detect any

9 militarily significant violation of the treaty or

10 other agreement in a timely fashion, and to de11 tect patterns of marginal violation over time. In

12 determining the intelligence community’s con13 fidence, the Director should assume that all

14 measures of concealment could be employed and

15 that standard practices could be altered so as to

16 impede monitoring.

17 (B) The Secretaries of State and Defense

18 and the Chairman of the Joint Chiefs of Staff

19 have certified to the President that they have a

20 high degree of confidence, with respect to a par21 ticular treaty or other agreement, that the

22 United States will be able to reach a legal and

23 technical determination regarding any militarily

24 significant violation of the treaty or other

25 agreement in a timely fashion, and to reach
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1 such a determination regarding patterns of

2 marginal violation, once detected. In deter3 mining the level of confidence under this sub4 paragraph, the Secretaries of State and Defense

5 and the Chairman of the Joint Chiefs of Staff

6 should assume that all measures of concealment

7 could be employed and that standard practices

8 could be altered so as to impede monitoring.

9 (2) MILITARILY SIGNIFICANT VIOLATION.—The

10 Chairman of the Joint Chiefs of Staff, in consulta11 tion with the Secretary of Defense, has sole respon12 sibility for determining with specificity, for purposes

13 of any treaty or other international agreement hav14 ing implications for the national security of the

15 United States, what constitutes a militarily signifi16 cant violation. In making such a determination, the

17 Chairman should give great weight to his judgment

18 that the violation could pose a threat to the national

19 security interests of the United States.

20 (3) TIMELY FASHION DEFINED.—In this sec21 tion, the term ‘‘timely fashion’’ means in sufficient

22 time for the United States to take remedial action

23 to safeguard the national security.
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1 (b) CONFORMING AMENDMENTS.—Section 37(a) of

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

3 2577(a)) is amended—

4 (1) by striking ‘‘adequately’’;

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

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

7 (3) by inserting after subsection (a) the fol8 lowing new subsection:

9 ‘‘(b) ASSESSMENTS UPON REQUEST.—Upon the re10 quest of the chairman or ranking minority member of the

11 Committee on Foreign Relations of the Senate or the

12 Committee on International Relations of the House of

13 Representatives, in case of an arms control, nonprolifera14 tion, or disarmament proposal—

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

16 foreign country by the United States;

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

18 United States; or

19 ‘‘(3) presented to the United States by a for20 eign country;

21 the Secretary of State shall submit a report to the Com22 mittee on the degree to which elements of the proposal

23 are capable of being verified.’’.
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1 SEC. 616. CONTRIBUTION TO THE ADVANCEMENT OF SEIS2 MOLOGY.

3 The United States Government shall make available

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

5 raw seismological data provided to the United States Gov6 ernment by any international organization that is directly

7 responsible for seismological monitoring.

8 SEC. 617. PROTECTION OF UNITED STATES COMPANIES.

9 The United States National Authority (as designated

10 pursuant to section 101 of the Chemical Weapons Conven11 tion Implementation Act of 1998 (as contained in division

12 I of Public Law 105–277)) shall reimburse the Federal

13 Bureau of Investigation for all costs incurred by the Bu14 reau in connection with implementation of section

15 303(b)(2)(A) of that Act, except that such reimbursement

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

17 SEC. 618. PRESERVATION OF THE START TREATY

18 VERIFICATION REGIME.

19 (a) FINDINGS.—The Senate makes the following

20 findings:

21 (1) Paragraph 6 of Article XI of the START

22 Treaty states the following: ‘‘Each Party shall have

23 the right to conduct reentry vehicle inspections of

24 deployed ICBMs and SLBMs to confirm that such

25 ballistic missiles contain no more reentry vehicles

26 than the number of warheads attributed to them.’’.
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1 (2) Paragraph 1 of Section IX of the Inspec2 tions Protocol to the START Treaty states that

3 each Party ‘‘shall have the right to conduct a total

4 of ten reentry vehicle inspections each year’’.

5 (3) Paragraph 4 of Section XVIII of the In6 spections Protocol to the START Treaty states that

7 the Parties ‘‘shall, when possible, clarify ambiguities

8 regarding factual information contained in the in9 spection report’’ that each inspection team must pro10 vide at the end of an inspection, pursuant to para11 graph 1 of Section XVIII of that Protocol.

12 (4) Paragraph 12 of Annex 3 to the Inspections

13 Protocol to the START Treaty states that, once a

14 missile has been selected and prepared for reentry

15 vehicle inspection, the inspectors shall be given ‘‘a

16 clear, unobstructed view of the front section [of the

17 missile], to ascertain that the front section contains

18 no more reentry vehicles than the number of war19 heads attributed to missiles of that type’’.

20 (5) Paragraph 13 of Annex 3 to the Inspections

21 Protocol to the START Treaty states the following:

22 ‘‘If a member of the in-country escort declares that

23 an object contained in the front section is not a re24 entry vehicle, the inspected Party shall demonstrate
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1 to the satisfaction of the inspectors that this object

2 is not a reentry vehicle.’’.

3 (6) Section II of Annex 8 to the Inspections

4 Protocol to the START Treaty provides that radi5 ation detection equipment may be used during re6 entry vehicle inspections.

7 (7) Paragraph F.1 of Section VI of Annex 8 to

8 the Inspections Protocol to the START Treaty

9 states the following: ‘‘Radiation detection equipment

10 shall be used to measure nuclear radiation levels in

11 order to demonstrate that objects declared to be

12 non-nuclear are non-nuclear.’’.

13 (8) While the use of radiation detection equip14 ment may help to determine whether an object that

15 ‘‘a member of the in-country escort declares..is not

16 a reentry vehicle’’ is a reentry vehicle with a nuclear

17 warhead, it cannot help to determine whether that

18 object is a reentry vehicle with a non-nuclear war19 head.

20 (9) Article XV of the START Treaty provides

21 for a Joint Compliance and Inspection Commission

22 that shall meet to ‘‘resolve questions relating to com23 pliance with the obligations assumed’’.

24 (b) SENSE OF THE SENATE.—It is the sense of the

25 Senate that—
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1 (1) the United States should assert and, to the

2 maximum extent possible, exercise the right for re3 entry vehicle inspectors to obtain a clear, unob4 structed view of the front section of a deployed SS5 18 ICBM selected for reentry vehicle inspection pur6 suant to paragraph 6 of Article XI of the START

7 Treaty;

8 (2) the United States should assert and, to the

9 maximum extent possible, obtain Russian compliance

10 with the obligation of the host Party, pursuant to

11 paragraph 13 of Annex 3 to the Inspections Protocol

12 to the START Treaty, to demonstrate to the satis13 faction of the inspectors that an object which is de14 clared not to be a reentry vehicle is not a reentry ve15 hicle;

16 (3) if a member of the in-country escort de17 clares that an object contained in the front section

18 of a deployed SS-18 ICBM selected for reentry vehi19 cle inspection pursuant to paragraph 6 of Article XI

20 of the START Treaty is not a reentry vehicle, but

21 the inspected Party does not demonstrate to the sat22 isfaction of the inspectors that this object is not a

23 reentry vehicle, the United States inspection team

24 should record this fact in the official inspection re25 port as an ambiguity and the United States should
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1 raise this matter in the Joint Compliance and In2 spection Commission as a concern relating to compli3 ance of Russia with the obligations assumed under

4 the Treaty;

5 (4) the United States should not agree to any

6 arrangement whereby the use of radiation detection

7 equipment in a reentry vehicle inspection, or a com8 bination of the use of such equipment and Russian

9 assurances regarding SS-18 ICBMs, would suffice to

10 demonstrate to the satisfaction of the inspectors that

11 an object which is declared not to be a reentry vehi12 cle is not a reentry vehicle; and

13 (5) the United States should not agree to any

14 arrangement whereby the use of technical equipment

15 in a reentry vehicle inspection would suffice to dem16 onstrate to the satisfaction of the inspectors that an

17 object which is declared not to be a reentry vehicle

18 is not a reentry vehicle, unless the Director of Cen19 tral Intelligence, in consultation with the Secretaries

20 of State, Defense, and Energy, has determined that

21 such equipment can demonstrate to the satisfaction

22 of the inspectors that an object which is declared not

23 to be a reentry vehicle is not a reentry vehicle.

24 (c) START TREATY DEFINED.—In this section, the

25 term ‘‘START Treaty’’ means the Treaty With the Union
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1 of Soviet Socialist Republics on the Reduction and Limita2 tion of Strategic Offensive Arms, including all agreed

3 statements, annexes, protocols, and memoranda, signed at

4 Moscow on July 31, 1991.

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) FUNDING.—Of the total amount of funds author6 ized to be appropriated to the Department of State by this

7 Act for the fiscal years 2000 and 2001, $5,000,000 is au8 thorized to be available for each such fiscal year to carry

9 out subsection (a).

10 (d) DESIGNATION OF FUND.—Amounts made avail11 able under subsection (c) may be referred to as the ‘‘De12 velopment of Advanced Humanitarian Demining Capabili13 ties Fund’’.

14 Subtitle B—Nuclear Nonprolifera15 tion, Safety, and Related Mat16 ters

17 SEC. 631. REPORTING BURDEN ON UNITED STATES NU18 CLEAR INDUSTRY.

19 In carrying out any United States obligation under

20 the Convention on Nuclear Safety, no Executive agency

21 may impose any new reporting obligation upon any United

22 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) PROHIBITION.—Except as provided in subsection

14 (b), no assistance may be provided by the United States

15 Government to any person who is involved in the research,

16 development, design, testing, or evaluation of chemical or

17 biological weapons for offensive purposes.

18 (b) EXCEPTION.—The prohibition contained in sub19 section (a) shall not apply to any activity conducted to

20 title V of the National Security Act of 1947 (50 U.S.C.

21 413 et seq.).

22 SEC. 636. DISPOSITION OF WEAPONS-GRADE MATERIAL.

23 (a) REPORT ON REDUCTION OF THE STOCKPILE.—

24 Not later than 120 days after signing an agreement be25 tween the United States and Russia for the disposition
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1 of excess weapons plutonium, the Secretary of Energy,

2 with the concurrence of the Secretary of Defense, shall

3 submit a report to the Committee on Foreign Relations

4 and the Committee on Armed Services of the Senate and

5 to the Speaker of the House of Representatives—

6 (1) detailing plans for United States implemen7 tation of such agreement;

8 (2) identifying the number of United States

9 warhead ‘‘pits’’ of each type deemed ‘‘excess’’ for the

10 purpose of dismantlement or disposition; and

11 (3) describing any implications this may have

12 for the Stockpile Stewardship and Management Pro13 gram.

14 (b) SUBMISSION OF THE FABRICATION FACILITY

15 AGREEMENT PURSUANT TO LAW.—Whenever the Presi16 dent submits to Congress the agreement to establish a

17 mixed oxide fuel fabrication or production facility in Rus18 sia pursuant to section 123 of the Atomic Energy Act of

19 1954 (42 U.S.C. 2153), it is the sense of Congress that

20 the Secretary of State should be prepared to certify to the

21 Committee on Foreign Relations of the Senate and the

22 Committee on International Relations of the House Rep23 resentatives that—

24 (1) arrangements for the establishment of that

25 facility will further United States nuclear non-pro-
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1 liferation objectives and will outweigh the prolifera2 tion risks inherent in the use of mixed oxide fuel ele3 ments;

4 (2) a guaranty has been given by Russia that

5 no fuel elements produced, fabricated, reprocessed,

6 or assembled at such facility, and no sensitive nu7 clear technology related to such facility, will be ex8 ported or supplied by the Russian Federation to any

9 country in the event that the United States objects

10 to such export or supply; and

11 (3) a guaranty has been given by Russia that

12 the facility and all nuclear materials and equipment

13 therein, and any fuel elements or special nuclear ma14 terial produced, fabricated, reprocessed, or assem15 bled at that facility, including fuel elements exported

16 or supplied by Russia to a third party, will be sub17 ject to international monitoring and transparency

18 sufficient to ensure that special nuclear material is

19 not diverted.

20 (c) DEFINITIONS.—

21 (1) PRODUCED.—The terms ‘‘produce’’ and

22 ‘‘produced’’ have the same meaning that such terms

23 are given under section 11 u. of the Atomic Energy

24 Act of 1954.
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1 (2) PRODUCTION FACILITY.—The term ‘‘pro2 duction facility’’ has the same meaning that such

3 term is given under section 11 v. of the Atomic En4 ergy Act of 1954.

5 (3) SPECIAL NUCLEAR MATERIAL.—The term

6 ‘‘special nuclear material’’ has the meaning that

7 such term is given under section 11 aa. of the Atom8 ic Energy Act of 1954.

9 SEC. 637. STATUS OF HONG KONG AND MACAO IN UNITED

10 STATES EXPORT LAW.

11 (a) PRELICENSE VERIFICATION.—Notwithstanding

12 any other provision of law and except as provided in sub13 sections (c) and (f), no license may be approved for the

14 export to Hong Kong or Macao, as the case may be, of

15 any item described in subsection (d) unless appropriate

16 United States officials are provided the right and ability

17 to conduct prelicense verification, in such manner as the

18 United States considers appropriate, of the validity of the

19 stated end-user, and the validity of the stated end-use, as

20 specified on the license application.

21 (b) POST-SHIPMENT VERIFICATION.—Notwith22 standing any other provision of law and except as provided

23 in subsections (c) and (f), in the event that appropriate

24 United States officials are denied the ability to conduct

25 post-shipment verification, in such manner as the United
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1 States considers appropriate, of the location and end-use

2 of any item under their jurisdiction that has been exported

3 from the United States to Hong Kong or Macao, then

4 Hong Kong or Macao, as the case may be, shall thereafter

5 be treated in the same manner as the People’s Republic

6 of China for the purpose of any export of any item de7 scribed in subsection (d).

8 (c) WAIVER AUTHORITY.—The Secretary of State,

9 with respect to any item defined in subsection (d)(1), or

10 the Secretary of Commerce, with respect to any item de11 fined in subsection (d)(2), may waive or remove the impo12 sition of the requirements imposed by subsections (a) and

13 (b) upon a written finding, which shall be transmitted to

14 the Committee on Foreign Relations of the Senate and

15 the Committee on International Relations of the House

16 of Representatives, that—

17 (1) the case that warranted the imposition of

18 such requirements has been settled to the satisfac19 tion of the United States; or

20 (2) there are specific reasons why the waiver or

21 removal of such requirements is in the national in22 terest of the United States.

23 (d) ITEM DEFINED.—The term ‘‘item’’ as used in

24 this section means—
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1 (1) any item controlled on the United States

2 Munitions List under section 38 of the Arms Export

3 Control Act (22 U.S.C. 2778); or

4 (2) any item for which export controls are ad5 ministered by the Department of Commerce for for6 eign policy or national security reasons.

7 (e) EFFECTIVE DATE.—Effective January 1, 2000,

8 this section shall apply to Macao.

9 (f) EXCEPTION.—The provisions of this section do

10 not apply to any activity subject to reporting under title

11 V of the National Security Act of 1947 (50 U.S.C. 413

12 et seq.).

13 Subtitle C—Miscellaneous

14 Provisions

15 SEC. 641. REQUIREMENT FOR TRANSMITTAL OF SUM16 MARIES.

17 Whenever a United States delegation engaging in ne18 gotiations on arms control, nonproliferation, or disar19 mament submits to the Secretary of State a summary of

20 the activities of the delegation or the status of those nego21 tiations, a copy of each such summary shall be further

22 transmitted by the Secretary of State to the Committee

23 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.

22 SEC. 643. REFORM OF THE DIPLOMATIC TELECOMMUNI23 CATIONS SERVICE PROGRAM OFFICE.

24 (a) ADDITIONAL RESOURCES.—In addition to other

25 amounts authorized to be appropriated for the purposes

26 of the Diplomatic Telecommunications Service Program
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1 Office (DTS-PO), of the amounts made available to the

2 Department of State under section 101(a)(2),

3 $18,000,000 shall be made available only to the DTS-PO

4 for enhancement of Diplomatic Telecommunications Serv5 ice capabilities.

6 (b) IMPROVEMENT OF DTS-PO.—In order for the

7 DTS-PO to better manage a fully integrated telecommuni8 cations network to service all agencies at diplomatic mis9 sions and consular posts, the DTS-PO shall—

10 (1) ensure that those enhancements of, and the

11 provision of service for, telecommunication capabili12 ties that involve the national security interests of the

13 United States receive the highest prioritization;

14 (2) not later than December 31, 1999, termi15 nate all leases for satellite systems located at posts

16 in criteria countries, unless all maintenance and

17 servicing of the satellite system is undertaken by

18 United States citizens who have received appropriate

19 security clearances;

20 (3) institute a system of charges for utilization

21 of bandwidth by each agency beginning October 1,

22 2000, and institute a comprehensive chargeback sys23 tem to recover all, or substantially all, of the other

24 costs of telecommunications services provided
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1 through the Diplomatic Telecommunications Service

2 to each agency beginning October 1, 2001;

3 (4) ensure that all DTS-PO policies and proce4 dures comply with applicable policies established by

5 the Overseas Security Policy Board; and

6 (5) maintain the allocation of the positions of

7 Director and Deputy Director of DTS-PO as those

8 positions were assigned as of June 1, 1999, which

9 assignments shall pertain through fiscal year 2001,

10 at which time such assigments shall be adjusted in

11 the customary manner.

12 (c) REPORT ON IMPROVING MANAGEMENT.—Not

13 later than March 31, 2000, the Director and Deputy Di14 rector of DTS-PO shall jointly submit to the appropriate

15 committees of Congress the Director’s plan for improving

16 network architecture, engineering, operations monitoring

17 and control, service metrics reporting, and service provi18 sioning, so as to achieve highly secure, reliable, and robust

19 communications capabilities that meet the needs of both

20 national security agencies and other United States agen21 cies with overseas personnel.

22 (d) FUNDING OF DTS-PO.—Funds appropriated for

23 allocation to DTS-PO shall be made available only for

24 DTS-PO until a comprehensive chargeback system is in

25 place.
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1 SEC. 644. SENSE OF CONGRESS ON FACTORS FOR CONSID2 ERATION IN NEGOTIATIONS WITH THE RUS3 SIAN FEDERATION ON REDUCTIONS IN STRA4 TEGIC NUCLEAR FORCES.

5 It is the sense of Congress that, in negotiating a

6 START III Treaty with the Russian Federation, or any

7 other arms control treaty with the Russian Federation

8 making comparable amounts of reductions in United

9 States strategic nuclear forces—

10 (1) the strategic nuclear forces and nuclear

11 modernization programs of the People’s Republic of

12 China and every other nation possessing nuclear

13 weapons should be taken into full consideration in

14 the negotiation of such treaty; and

15 (2) such programs should not undermine the

16 limitations set forth in the treaty.

17 SEC. 645. CLARIFICATION OF EXCEPTION TO NATIONAL SE18 CURITY CONTROLS ON SATELLITE EXPORT

19 LICENSING.

20 Section 1514(b) of Public Law 105–261 is amended

21 by striking all that follows after ‘‘EXCEPTION.—’’ and in22 serting the following: ‘‘Subsections (a)(2), (a)(4), and

23 (a)(8) shall not apply to the export of a satellite or sat24 ellite-related items for launch in, or by nationals of, a

25 country that is a member of the North Atlantic Treaty

26 Organization (NATO) or that is a major non-NATO ally
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1 (as defined in section 644(q) of the Foreign Assistance

2 Act of 1961 (22 U.S.C. 2403(q)) of the United States un3 less, in each instance of a proposed export of such item,

4 the Secretary of State, in consultation with the Secretary

5 of Defense, first provides a written determination to the

6 Committee on Foreign Relations of the Senate and the

7 Committee on International Relations of the House of

8 Representatives that it is in the national security or for9 eign policy interests of the United States to apply the ex10 port controls required under such subsections.’’.

11 SEC. 646. STUDY ON LICENSING PROCESS UNDER THE

12 ARMS EXPORT CONTROL ACT.

13 Not later than 120 days after the date of enactment

14 of this Act, the Secretary of State shall submit to the

15 chairman of the Committee on Foreign Relations of the

16 Senate and the chairman of the Committee on Inter17 national Relations of the House of Representatives a study

18 on the performance of the licensing process pursuant to

19 the Arms Export Control Act, with recommendations on

20 how to improve that performance. The study shall include:

21 (1) An analysis of the typology of licenses on

22 which action was completed in 1999. The analysis

23 should provide information on major categories of li24 cense requests, including—
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1 (A) the number for nonautomatic small

2 arms, automatic small arms, technical data,

3 parts and components, and other weapons;

4 (B) the percentage of each category staffed

5 to other agencies;

6 (C) the average and median time taken for

7 the processing cycle for each category when

8 staffed and not staffed;

9 (D) the average time taken by White

10 House or National Security Council review or

11 scrutiny; and

12 (E) the average time each spent at the De13 partment of State after a decision had been

14 taken on the license but before a contractor was

15 notified of the decision. For each category the

16 study should provide a breakdown of licenses by

17 country. The analysis also should identify each

18 country that has been identified in the past

19 three years pursuant to section 3(e) of the

20 Arms Export Control Act (22 U.S.C. 2753(e)).

21 (2) A review of the current computer capabili22 ties of the Department of State relevant to the proc23 essing of licenses and its ability to communicate

24 electronically with other agencies and contractors,

25 and what improvements could be made that would
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1 speed the process, including the cost for such im2 provements.

3 (3) An analysis of the work load and salary

4 structure for export licensing officers of the Office of

5 Defense Trade Control of the Department of State

6 as compared to comparable jobs at the Department

7 of Commerce and the Department of Defense.

8 (4) Any suggestions of the Department of State

9 relating to resources and regulations, and any rel10 evant statutory changes that might expedite the li11 censing process while furthering the objectives of the

12 Arms Export Control Act.

13 TITLE VII—MISCELLANEOUS

14 PROVISIONS

15 Subtitle A—People’s Republic of

16 China

17 SEC. 701. FINDINGS.

18 Congress makes the following findings:

19 (1) Congress concurs in the conclusions of the

20 Department of State, as set forth in the Country

21 Reports on Human Rights Practices for 1998, on

22 human rights in the People’s Republic of China in

23 1998 as follows:

24 (A) ‘‘The People’s Republic of China

25 (PRC) is an authoritarian state in which the
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1 Chinese Communist Party (CCP) is the para2 mount source of power. . . . Citizens lack both

3 the freedom peacefully to express opposition to

4 the party-led political system and the right to

5 change their national leaders or form of govern6 ment.’’.

7 (B) ‘‘The Government continued to commit

8 widespread and well-documented human rights

9 abuses, in violation of internationally accepted

10 norms. These abuses stemmed from the au11 thorities’ very limited tolerance of public dissent

12 aimed at the Government, fear of unrest, and

13 the limited scope or inadequate implementation

14 of laws protecting basic freedoms.’’.

15 (C) ‘‘Abuses included instances of

16 extrajudicial killings, torture and mistreatment

17 of prisoners, forced confessions, arbitrary arrest

18 and detention, lengthy incommunicado deten19 tion, and denial of due process.’’.

20 (D) ‘‘Prison conditions at most facilities

21 remained harsh. . . . The Government in22 fringed on citizens’ privacy rights. The Govern23 ment continued restrictions on freedom of

24 speech and of the press, and tightened these to25 ward the end of the year. The Government se-
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1 verely restricted freedom of assembly, and con2 tinued to restrict freedom of association, reli3 gion, and movement.’’.

4 (E) ‘‘Discrimination against women, mi5 norities, and the disabled; violence against

6 women, including coercive family planning prac7 tices—which sometimes include forced abortion

8 and forced sterilization; prostitution, trafficking

9 in women and children, and the abuse of chil10 dren all are problems.’’.

11 (F) ‘‘The Government continued to restrict

12 tightly worker rights, and forced labor remains

13 a problem.’’.

14 (G) ‘‘Serious human rights abuses per15 sisted in minority areas, including Tibet and

16 Xinjiang, where restrictions on religion and

17 other fundamental freedoms intensified.’’.

18 (H) ‘‘Unapproved religious groups, includ19 ing Protestant and Catholic groups, continued

20 to experience varying degrees of official inter21 ference and repression.’’.

22 (I) ‘‘Although the Government denies that

23 it holds political or religious prisoners, and ar24 gues that all those in prison are legitimately

25 serving sentences for crimes under the law, an
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1 unknown number of persons, estimated at sev2 eral thousand, are detained in violation of inter3 national human rights instruments for peace4 fully expressing their political, religious, or so5 cial views.’’.

6 (2) In addition to the State Department, cred7 ible press reports and human rights organizations

8 have documented an intense crackdown on political

9 activists by the Government of the People’s Republic

10 of China, involving the harassment, detainment, ar11 rest, and imprisonment of dozens of activists.

12 (3) The People’s Republic of China, as a mem13 ber of the United Nations, is expected to abide by

14 the provisions of the Universal Declaration of

15 Human Rights.

16 (4) The People’s Republic of China is a party

17 to numerous international human rights conventions,

18 including the Convention Against Torture and Other

19 Cruel, Inhuman or Degrading Treatment or Punish20 ment, and is a signatory to the International Cov21 enant on Civil and Political Rights and the Covenant

22 on Economic, Social, and Cultural Rights.
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1 SEC. 702. FUNDING FOR ADDITIONAL PERSONNEL AT DIP2 LOMATIC POSTS TO REPORT ON POLITICAL,

3 ECONOMIC, AND HUMAN RIGHTS MATTERS IN

4 THE PEOPLE’S REPUBLIC OF CHINA.

5 Of the amounts authorized to be appropriated for the

6 Department of State by this Act, $2,200,000 for fiscal

7 year 2000 and $2,200,000 for fiscal year 2001 shall be

8 made available only to support additional personnel in the

9 United States Embassies in Beijing and Kathmandu, as

10 well as the American consulates in Guangzhou, Shanghai,

11 Shenyang, Chengdu, and Hong Kong, in order to monitor

12 political and economic conditions, including in particular

13 respect for internationally recognized human rights, in the

14 People’s Republic of China.

15 SEC. 703. PRISONER INFORMATION REGISTRY FOR THE

16 PEOPLE’S REPUBLIC OF CHINA.

17 (a) REQUIREMENT.—The Secretary of State shall es18 tablish and maintain a registry which shall, to the extent

19 practicable, provide information on all political prisoners,

20 prisoners of conscience, and prisoners of faith in the Peo21 ple’s Republic of China. The registry shall be known as

22 the ‘‘Prisoner Information Registry for the People’s Re23 public of China’’.

24 (b) INFORMATION IN REGISTRY.—The registry re25 quired by subsection (a) shall include information on the

26 charges, judicial processes, administrative actions, uses of
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1 forced labor, incidents of torture, lengths of imprisonment,

2 physical and health conditions, and other matters associ3 ated with the incarceration of prisoners in the People’s

4 Republic of China referred to in that subsection.

5 (c) AVAILABILITY OF FUNDS.—The Secretary may

6 make funds available to nongovernmental organizations

7 currently engaged in monitoring activities regarding polit8 ical prisoners in the People’s Republic of China in order

9 to assist in the establishment and maintenance of the reg10 istry required by subsection (a).

11 SEC. 704. REPORT REGARDING ESTABLISHMENT OF ORGA12 NIZATION FOR SECURITY AND COOPERATION

13 IN ASIA.

14 Not later than 180 days after the date of enactment

15 of this Act, the Secretary of State shall submit to the ap16 propriate congressional committees a report assessing the

17 feasibility and utility of establishing an Organization for

18 Security and Cooperation in Asia which would be modeled

19 after the Organization for Security and Cooperation in

20 Europe.

21 SEC. 705. SENSE OF CONGRESS REGARDING ORGAN HAR22 VESTING AND TRANSPLANTING IN THE PEO23 PLE’S REPUBLIC OF CHINA.

24 It is the sense of Congress that—
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1 (1) the Government of the People’s Republic of

2 China should stop the practice of harvesting and

3 transplanting organs for profit from prisoners that

4 it executes;

5 (2) the Government of the People’s Republic of

6 China should be strongly condemned for such organ

7 harvesting and transplanting practice;

8 (3) the President should bar from entry into

9 the United States any and all officials of the Gov10 ernment of the People’s Republic of China known to

11 be directly involved in such organ harvesting and

12 transplanting practice;

13 (4) individuals subject to the jurisdiction of the

14 United States who are determined to be partici15 pating in or otherwise facilitating the sale of organs

16 harvested should be prosecuted to the fullest possible

17 extent of the law; and

18 (5) the appropriate officials in the United

19 States should interview individuals, including doc20 tors, who may have knowledge of such organ har21 vesting and transplanting practice.
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1 Subtitle B—Other Matters

2 SEC. 721. DENIAL OF ENTRY INTO UNITED STATES OF FOR3 EIGN NATIONALS ENGAGED IN ESTABLISH4 MENT OR ENFORCEMENT OF FORCED ABOR5 TION OR STERILIZATION POLICY.

6 (a) DENIAL OF ENTRY.—Notwithstanding any other

7 provision of law, the Secretary of State may not issue any

8 visa to, and the Attorney General may not admit to the

9 United States, any foreign national whom the Secretary

10 finds, based on credible and specific information, to have

11 been directly involved in the establishment or enforcement

12 of population control policies forcing a woman to undergo

13 an abortion against her free choice or forcing a man or

14 woman to undergo sterilization against his or her free

15 choice.

16 (b) EXCEPTIONS.—The prohibitions in subsection (a)

17 shall not apply in the case of a foreign national who is

18 a head of state, head of government, or cabinet level min19 ister.

20 (c) WAIVER.—The President may waive the prohibi21 tions in subsection (a) with respect to a foreign national

22 if the President—

23 (1) determines that it is important to the na24 tional interest of the United States to do so; and
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1 (2) provides written notification to the appro2 priate congressional committees containing a jus3 tification for the waiver.

4 SEC. 722. SEMIANNUAL REPORTS ON UNITED STATES SUP5 PORT FOR MEMBERSHIP OR PARTICIPATION

6 OF TAIWAN IN INTERNATIONAL ORGANIZA7 TIONS.

8 (a) REPORTS REQUIRED.—Not later than 60 days

9 after the date of enactment of this Act, and every 6

10 months thereafter, the Secretary of State shall submit to

11 Congress a report on the status of efforts by the United

12 States Government to support—

13 (1) the membership of Taiwan in international

14 organizations that do not require statehood as a pre15 requisite to such membership; and

16 (2) the appropriate level of participation by

17 Taiwan in international organizations that may re18 quire statehood as a prerequisite to full membership.

19 (b) REPORT ELEMENTS.—Each report under sub20 section (a) shall—

21 (1) set forth a comprehensive list of the inter22 national organizations in which the United States

23 Government supports the membership or participa24 tion of Taiwan;
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1 (2) describe in detail the efforts of the United

2 States Government to achieve the membership or

3 participation of Taiwan in each organization listed;

4 and

5 (3) identify the obstacles to the membership or

6 participation of Taiwan in each organization listed,

7 including a list of any governments that do not sup8 port the membership or participation of Taiwan in

9 each such organization.

10 SEC. 723. CONGRESSIONAL POLICY REGARDING UNITED

11 NATIONS GENERAL ASSEMBLY RESOLUTION

12 ES–10/6.

13 (a) FINDINGS.—Congress makes the following find14 ings:

15 (1) In an emergency special session the United

16 Nations General Assembly voted on February 9,

17 1999, to adopt Resolution ES–10/6, entitled ‘‘Illegal

18 Israeli Actions in Occupied East Jerusalem And The

19 Rest Of The Occupied Palestinian Territory’’, to

20 convene for the first time in 50 years the parties to

21 the Fourth Geneva Convention for the Protection of

22 Civilians in Time of War.

23 (2) That resolution unfairly places full blame

24 for the deterioration of the peace process in the Mid25 dle East on Israel and dangerously politicizes the
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1 Geneva Convention, which was established to ad2 dress critical humanitarian crises.

3 (3) The adoption of that resolution is intended

4 to prejudge direct negotiations in the peace process

5 in the Middle East, put additional and undue pres6 sure on Israel to influence the results of such nego7 tiations, and single out Israel for unprecedented en8 forcement proceedings which have never been in9 voked, even against governments with records of

10 massive violations of the Geneva Convention.

11 (b) STATEMENT OF POLICY.—Congress—

12 (1) commends the Department of State for the

13 vote of the United States against United Nations

14 General Assembly Resolution ES–10/6, thereby af15 firming that the text of the resolution politicizes the

16 Fourth Geneva Convention, which is primarily hu17 manitarian in nature; and

18 (2) urges the Department of State to continue

19 its efforts against convening the conference specified

20 in the resolution.

21 SEC. 724. WAIVER OF CERTAIN PROHIBITIONS REGARDING

22 THE PALESTINE LIBERATION ORGANIZATION.

23 (a) AUTHORITY TO WAIVE.—The President may

24 waive any prohibition set forth in section 1003 of the For25 eign Relations Authorization Act, Fiscal Years 1988 and
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1 1989 (Public Law 100–204; 101 Stat. 1407; 22 U.S.C.

2 5202) if the President determines and so certifies to the

3 appropriate congressional committees that—

4 (1) it is in the national interest of the United

5 States to do so; and

6 (2) after the date of the enactment of this Act,

7 neither the Palestine Liberation Organization, the

8 Palestinian Authority, the Palestinian Legislative

9 Council, nor any Palestinian governing body with ju10 risdiction over territories controlled by the Pales11 tinian Authority has made a declaration of statehood

12 outside the framework of negotiations with the State

13 Israel.

14 (b) PERIOD OF APPLICABILITY OF WAIVER.—Any

15 waiver under subsection (a) shall be effective for not more

16 than 6 months at a time.

17 SEC. 725. UNITED STATES POLICY REGARDING JERUSALEM

18 AS THE CAPITAL OF ISRAEL.

19 (a) CONSTRUCTION OF UNITED STATES EMBASSY IN

20 JERUSALEM.—Of the amounts authorized to be appro21 priated by section 101(a)(3) of this Act for ‘‘Security and

22 Maintenance of United States Missions’’, $50,000,000 for

23 the fiscal year 2000 and $50,000,000 for the fiscal year

24 2001 may be available for the construction of a United

25 States embassy in Jerusalem, Israel.
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1 (b) LIMITATION ON USE OF FUNDS FOR CONSULATE

2 IN JERUSALEM.—None of the funds authorized to be ap3 propriated by this Act should be obligated or expended for

4 the operation of a United States consulate or diplomatic

5 facility in Jerusalem unless such consulate or diplomatic

6 facility is under the supervision of the United States Am7 bassador to Israel.

8 (c) LIMITATION ON USE OF FUNDS FOR CERTAIN

9 PUBLICATIONS.—None of the funds authorized to be ap10 propriated by this Act may be obligated or expended for

11 the publication of any official government document which

12 lists countries and their capital cities unless the document

13 identifies Jerusalem as the capital of Israel.

14 (d) RECORD OF PLACE OF BIRTH AS ISRAEL FOR

15 PASSPORT PURPOSES.—For purposes of the registration

16 of birth, certification of nationality, or issuance of a pass17 port of a United States citizen born in the city of Jeru18 salem, the Secretary of State shall, upon the request of

19 the citizen, record the place of birth as Israel.

20 SEC. 726. UNITED STATES POLICY WITH RESPECT TO NIGE21 RIA.

22 (a) FINDINGS.—Congress makes the following find23 ings:
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1 (1) A stable and democratic Nigeria is impor2 tant to the interests of the United States, the West

3 African region, and the international community.

4 (2) Millions of Nigerians participated in four

5 rounds of multiparty elections as part of a transition

6 program that will culminate in the inauguration of

7 a civilian president, members of the National Assem8 bly, governors, and local leaders on May 29, 1999.

9 Although turnout in each of the four rounds was

10 lower than expected, a clear majority of Nigerians

11 demonstrated their support for a swift and orderly

12 transition to democratic civilian rule through partici13 pation in the elections or through other means.

14 (3) Nevertheless, continued rule by successive

15 military regimes in Nigeria has harmed the lives of

16 the people of Nigeria, undermined confidence in the

17 Nigerian economy, damaged relations between Nige18 ria and the United States, and threatened the polit19 ical and economic stability of West Africa.

20 (4) Although the current military regime, under

21 the leadership of General Abdusalami Abubakar, has

22 made significant progress in liberalizing the political

23 environment in Nigeria, including increased respect

24 for freedom of assembly, expression, and association,

25 numerous decrees are still in force that suspend the
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1 constitutional protection of fundamental human

2 rights, allow indefinite detention without charge, and

3 revoke the jurisdiction of civilian courts over execu4 tive actions.

5 (5) Despite the optimism expressed by many

6 observers about the progress that has been made in

7 Nigeria, the country’s recent history raises serious

8 questions about the potential success of the transi9 tion program. In particular, events in the Niger

10 Delta in early 1999 underscore the critical need for

11 ongoing monitoring of the situation and indicate

12 that a return by the Government of Nigeria to re13 pressive methods remains a possibility.

14 (b) DECLARATION OF POLICY.—Congress declares

15 that the United States—

16 (1) supports a timely, effective, and sustainable

17 transition to democratic, civilian government in Ni18 geria; and

19 (2) encourages the incoming civilian govern20 ment in Nigeria to make the political, economic, and

21 legal reforms necessary to ensure the rule of law and

22 respect for human rights in Nigeria, including estab23 lishing effective democratic institutions, integrating

24 the military into democratic society, and creating

25 mechanisms for transparency and accountability.
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1 SEC. 727. PARTIAL LIQUIDATION OF BLOCKED LIBYAN AS2 SETS.

3 (a) LIQUIDATION OF CERTAIN BLOCKED LIBYAN AS4 SETS.—The President shall vest and liquidate so much of

5 blocked Libyan assets, ordered pursuant to Executive

6 Order No. 12544 (January 8, 1986), as is necessary to

7 pay for the reasonable costs of travel to and from The

8 Hague, Netherlands, by immediate family members of

9 United States citizens who were victims of the crash of

10 Pan American flight 103 in 1988 and wish to attend the

11 trial of those individuals suspected of terrorist acts caus12 ing the crash.

13 (b) DEFINITIONS.—In this section—

14 (1) BLOCKED LIBYAN ASSETS.—The term

15 ‘‘blocked Libyan assets’’ refers to property and in16 terests of the Government of Libya, its agencies, in17 strumentalities, and controlled entities and the Bank

18 of Libya, blocked pursuant to Executive Order No.

19 12544 (January 8, 1986).

20 (2) IMMEDIATE FAMILY MEMBERS.—The term

21 ‘‘immediate family member’’ means parents, siblings,

22 children, spouse, or a person who stood in loco

23 parentis or to whom he or she stood in loco parentis,

24 of a crash victim.
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1 SEC. 728. SUPPORT FOR REFUGEES FROM RUSSIA WHO

2 CHOOSE TO RESETTLE IN ISRAEL.

3 (a) FINDINGS.—Congress makes the following find4 ings:

5 (1) The Russian Jewish community is the third

6 largest Jewish community in the world.

7 (2) Anti-Semitic rhetoric from members of the

8 Duma of the Russian Federation has increased dur9 ing the past year.

10 (3) The Duma failed to pass a resolution con11 demning the anti-Semitic statements made by Rus12 sian lawmakers on March 19, 1999.

13 (b) SENSE OF CONGRESS.—It is the sense of Con14 gress that—

15 (1) the United States should support members

16 of Russia’s Jewish community; and

17 (2) the United States should continue to pro18 vide assistance to Russian Jewish refugees resettling

19 in Israel.

20 SEC. 729. SENSE OF CONGRESS REGARDING EXTRADITION

21 OF LT. GENERAL IGOR GIORGADZE.

22 (a) FINDINGS.—Congress makes the following find23 ings:

24 (1) On Tuesday, August 29, 1995, President

25 Eduard Shevardnadze of Georgia was the victim of

26 an attempted assassination plot as he was departing
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1 his offices in the Georgian Parliament building to

2 attend the signing ceremony for a new Georgian con3 stitution.

4 (2) Former Chief of the Georgian National Se5 curity Service, Lt. General Igor Giorgadze, has been

6 implicated in organizing the August 29, 1995 car

7 bomb attack on President Shevardnadze, and alleg8 edly fled from the Varziani air base, one of Russia’s

9 four military bases in Georgia at that time, and the

10 same Russian base on which three Georgia aircraft

11 SU 25’s were sabotaged, preventing them from per12 forming fighter escort duty for President

13 Shevardnadze’s aircraft.

14 (3) Lt. General Igor Giorgadze has subse15 quently been seen walking freely on the streets of

16 Moscow as well as living and utilizing facilities of

17 the Government of Russia.

18 (4) Interpol is conducting a search for Lt. Gen19 eral Igor Giorgadze for his role in the assassination

20 attempt against President Shevardnadze.

21 (5) In the aftermath of the attack on President

22 Shevardnadze, and regularly since that time, the

23 Government of Georgia has made repeated requests

24 for the extradition of Lt. General Igor Giorgadze to

25 Tbilisi, Georgia.
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1 (6) The Russian Interior Ministry has claimed

2 that it is unable to locate Giorgadze.

3 (7) The Georgian Security and Interior Min4 istries on repeated occasions have provided to the

5 Russian Interior Ministry—

6 (A) the exact locations in Russia where

7 Giorgadze could be found, including the exact

8 location in Moscow where Giorgadze’s family

9 lived;

10 (B) the exact location where Giorgadze

11 himself stayed outside of Moscow in a dacha of

12 the Russian Ministry of Defense;

13 (C) people he associates with;

14 (D) apartments he visits; and

15 (E) the places, including restaurants, mar16 kets, and companies, he frequents.

17 (8) Russian newspapers regularly carry inter18 views with Giorgadze in which Giorgadze calls for a

19 change in regime in Tbilisi.

20 (9) Giorgadze is actively engaged in a propa21 ganda campaign against President Shevardnadze

22 and the democratic forces in Georgia, with the as23 sistance of his father who is the Communist Party

24 chief in Georgia.
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1 (10) Giorgadze continues to organize and plan

2 attempts on the life of President Shevardnadze.

3 (b) SENSE OF CONGRESS.—It is the sense of Con4 gress that the President and other senior United States

5 Government officials should raise at each bilateral meeting

6 between officials of the United States Government and of7 ficials of the Russian Federation the issue of the extra8 dition of Lt. General Igor Giorgadze to Georgia.

9 SEC. 730. SENSE OF CONGRESS ON THE USE OF CHILDREN

10 AS SOLDIERS OR OTHER COMBATANTS IN

11 FOREIGN ARMED FORCES.

12 (a) FINDINGS.—Congress makes the following find13 ings:

14 (1) There are at least 300,000 children who are

15 involved in armed conflict in at least 25 countries

16 around the world. This is an escalating international

17 humanitarian crisis which must be addressed

18 promptly.

19 (2) Children are uniquely vulnerable to military

20 recruitment because of their emotional and physical

21 immaturity, are easily manipulated, and can be

22 drawn into violence that they are too young to resist

23 or understand.

24 (3) Children are most likely to become child sol25 diers if they are orphans, refugees, poor, separated
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1 from their families, displaced from their homes, liv2 ing in a combat zone, or have limited access to edu3 cation.

4 (4) Child soldiers, besides being exposed to the

5 normal hazards of combat, are also afflicted with

6 other injuries due to their lives in the military.

7 Young children may have sexually related illnesses,

8 suffer from malnutrition, have deformed backs and

9 shoulders which are the result of carrying loads too

10 heavy for them, as well as respiratory and skin in11 fections.

12 (5) One of the most egregious examples of the

13 use of child soldiers is the abduction thousands of

14 children, some as young as 8 years of age, by the

15 Lord’s Resistance Army (in this section referred to

16 as the ‘‘LRA′′) in northern Uganda.

17 (6) The Department of State’s Country Reports

18 on Human Rights Practices For 1999 reports that

19 in Uganda the LRA abducted children ‘‘to be gue20 rillas and tortured them by beating them, raping

21 them, forcing them to march until collapse, and de22 nying them adequate food, water, or shelter’’.

23 (7) Children who manage to escape from LRA

24 captivity have little access to trauma care and reha25 bilitation programs, and many find their families
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1 displaced, missing, dead, or fearful of having their

2 children return home.

3 (8) A large number of children have partici4 pated and been killed in the armed conflict in Sri

5 Lanka, and the use of children as soldiers has led

6 to a breakdown in law and order in Sierra Leone.

7 (b) SENSE OF CONGRESS.—

8 (1) CONDEMNATION.—Congress hereby joins

9 the international community in condemning the use

10 of children as soldiers and other combatants by gov11 ernmental and non-governmental armed forces.

12 (2) FURTHER SENSE OF CONGRESS.—It is the

13 sense of Congress that the Secretary of State

14 should—

15 (A) study the issue of the rehabilitation of

16 former child soldiers, the manner in which their

17 suffering can be alleviated, and the positive role

18 that the United States can play in such an ef19 fort; and

20 (B) submit a report to Congress on the

21 issue of rehabilitation of child soldiers and their

22 families.

23 SEC. 731. TECHNICAL CORRECTIONS.

24 (a) Section 1422(b)(3)(B) of the Foreign Affairs Re25 form and Restructuring Act (as contained in division G
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1 of Public Law 105–277; 112 Stat. 2681–792) is amended

2 by striking ‘‘divisionAct’’ and inserting ‘‘division’’.

3 (b) Section 1002(a) of the Foreign Affairs Reform

4 and Restructuring Act (as contained in division G of Pub5 lic Law 105–277; 112 Stat. 2681–762) is amended by

6 striking paragraph (3).

7 (c) The table of contents of division G of Public Law

8 105–277 (112 Stat. 2681–762) is amended by striking

9 ‘‘DIVISIONl’’ and inserting ‘‘DIVISION G’’.

10 SEC. 732. REPORTS WITH RESPECT TO A REFERENDUM ON

11 WESTERN SAHARA.

12 (a) REPORTS REQUIRED.—

13 (1) IN GENERAL.—Not later than each of the

14 dates specified in paragraph (2), the Secretary of

15 State shall submit a report to the appropriate con16 gressional committees describing specific steps being

17 taken by the Government of Morocco and by the

18 Popular Front for the Liberation of Saguia el19 Hamra and Rio de Oro (POLISARIO) to ensure

20 that a free, fair, and transparent referendum in

21 which the people of the Western Sahara will choose

22 between independence and integration with Morocco

23 will be held by July 2000.
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1 (2) DEADLINES FOR SUBMISSION OF RE2 PORTS.—The dates referred to in paragraph (1) are

3 January 1, 2000, and June 1, 2000.

4 (b) REPORT ELEMENTS.—The report shall include—

5 (1) a description of preparations for the ref6 erendum, including the extent to which free access

7 to the territory for independent international organi8 zations, including election observers and inter9 national media, will be guaranteed;

10 (2) a description of current efforts by the De11 partment of State to ensure that a referendum will

12 be held by July 2000;

13 (3) an assessment of the likelihood that the

14 July 2000 date will be met;

15 (4) a description of obstacles, if any, to the

16 voter-registration process and other preparations for

17 the referendum, and efforts being made by the par18 ties and the United States Government to overcome

19 those obstacles; and

20 (5) an assessment of progress being made in

21 the repatriation process.

22 SEC. 733. SELF-DETERMINATION IN EAST TIMOR

23 (a) FINDINGS.—The Congress finds as follows:

24 (1) On May 5, 1999, the Governments of Indo25 nesia and Portugal signed an agreement that pro-
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1 vides for an August 8, 1999 ballot organized by the

2 United Nations on East Timor’s political status.

3 (2) On June 22, 1999, the ballot was resched4 uled for August 21 or August 22 due to concerns

5 that the conditions necessary for a free and fair vote

6 could not be established prior to August 8.

7 (3) On January 27, 1999, President Habibie

8 expressed a willingness to consider independence for

9 East Timor if a majority of the East Timorese reject

10 autonomy in the August ballot.

11 (4) Under the May 5th agreement the Govern12 ment of Indonesia is responsible for ensuring that

13 the August ballot is carried out in a fair and peace14 ful way in an atmosphere free of intimidation, vio15 lence or interference.

16 (5) The inclusion of anti-independence militia

17 members in Indonesian forces responsible for estab18 lishing security in East Timor violates the May 5th

19 agreement which states that the absolute neutrality

20 of the military and police is essential for holding a

21 free and fair ballot.

22 (6) The arming of anti-independence militias by

23 members of the Indonesian military for the purpose

24 of sabotaging the August ballot has resulted in hun25 dreds of civilians killed, injured or disappeared in
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1 separate attacks by these militias who continue to

2 act without restraint.

3 (7) The United Nations Secretary General has

4 received credible reports of political violence, includ5 ing intimidation and killings, by armed anti-inde6 pendence militias against unarmed pro-independence

7 civilians.

8 (8) There have been killings of opponents of

9 independence, including civilians and militia mem10 bers.

11 (9) The killings in East Timor should be fully

12 investigated and the individuals responsible brought

13 to justice.

14 (10) Access to East Timor by international

15 human rights monitors and humanitarian organiza16 tions is limited, and members of the press have been

17 threatened.

18 (11) The presence of members of the United

19 Nations Assistance Mission in East Timor has al20 ready resulted in an improved security environment

21 in the East Timorese capital of Dili.

22 (12) A robust international observer mission

23 and police force throughout East Timor is critical to

24 creating a stable and secure environment necessary

25 for a free and fair ballot.
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1 (13) The Administration should be commended

2 for its support for the United Nations Assistance

3 Mission in East Timor which will provide monitoring

4 and support for the ballot and include international

5 civilian police, military liaison officers and election

6 monitors.

7 (b) POLICY.—(1) The President, Secretary of State,

8 Secretary of Defense, and the Secretary of the Treasury

9 (acting through the United States executive directors to

10 international financial institutions) should immediately in11 tensify their efforts to prevail upon the Indonesian Gov12 ernment and military to—

13 (A) disarm and disband anti-independence mili14 tias;

15 (B) grant full access to East Timor by inter16 national human rights monitors, humanitarian orga17 nizations, and the press;

18 (C) allow Timorese who have been living in exile

19 to return to East Timor to participate in the ballot.

20 (2) The President should submit a report to the Con21 gress not later than 21 days after passage of this Act,

22 containing a description of the Administration’s efforts

23 and his assessment of steps taken by the Indonesian Gov24 ernment and military to ensure a stable and secure envi-
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1 ronment in East Timor, including those steps described

2 in paragraph (1).

3 SEC. 734. PROHIBITION ON THE RETURN OF VETERANS ME4 MORIAL OBJECTS TO FOREIGN NATIONS

5 WITHOUT SPECIFIC AUTHORIZATION IN LAW.

6 (a) PROHIBITION.—Notwithstanding section 2572 of

7 title 10, United States Code, or any other provision of law,

8 the President may not transfer a veterans memorial object

9 to a foreign country or entity controlled by a foreign gov10 ernment, or otherwise transfer or convey such object to

11 any person or entity for purposes of the ultimate transfer

12 or conveyance of such object to a foreign country or entity

13 controlled by a foreign government, unless specifically au14 thorized by law.

15 (b) DEFINITIONS.—In this section:

16 (1) ENTITY CONTROLLED BY A FOREIGN GOV17 ERNMENT.—The term ‘‘entity controlled by a for18 eign government’’ has the meaning given that term

19 in section 2536(c)(1) of title 10, United States

20 Code.

21 (2) VETERANS MEMORIAL OBJECT.—The term

22 ‘‘veterans memorial object’’ means any object, in23 cluding a physical structure or portion thereof,

24 that—
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1 (A) is located at a cemetery of the Na2 tional Cemetery System, war memorial, or mili3 tary installation in the United States;

4 (B) is dedicated to, or otherwise memorial5 izes, the death in combat or combat-related du6 ties of members of the United States Armed

7 Forces; and

8 (C) was brought to the United States from

9 abroad as a memorial of combat abroad.

10 SEC. 735. SUPPORT FOR THE PEACE PROCESS IN SUDAN.

11 (a) FINDINGS.—Congress finds that—

12 (1) the civil war in Sudan has continued

13 unabated for 16 years and raged intermittently for

14 40 years;

15 (2) an estimated 1,900,000 Sudanese people

16 have died as a result of war-related causes and fam17 ine;

18 (3) an estimated 4,000,000 people are currently

19 in need of emergency food assistance in different

20 areas of Sudan;

21 (4) approximately 4,000,000 people are inter22 nally displaced in Sudan;

23 (5) the continuation of war has led to human

24 rights abuses by all parties to the conflict, including

25 the killing of civilians, slavery, rape, and torture on
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1 the part of government forces and paramilitary

2 forces; and

3 (6) it is in the interest of all the people of

4 Sudan for the parties to the conflict to seek a nego5 tiated settlement of hostilities and the establishment

6 of a lasting peace in Sudan.

7 (b) SENSE OF CONGRESS.—(1) Congress—

8 (A) acknowledges the renewed vigor in facili9 tating and assisting the Inter-Governmental Author10 ity for Development (IGAD) peace process in Sudan;

11 and

12 (B) urges continued and sustained engagement

13 by the Department of State in the IGAD peace proc14 ess and the IGAD Partners’ Forum.

15 (2) It is the sense of Congress that the President

16 should—

17 (A) appoint a special envoy—

18 (i) to serve as a point of contact for the

19 Inter-Governmental Authority for Development

20 peace process;

21 (ii) to coordinate with the Inter-Govern22 mental Authority for Development Partners

23 Forum as the Forum works to support the

24 peace process in Sudan; and
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1 (iii) to coordinate United States humani2 tarian assistance to southern Sudan.

3 (B) provide increased financial and technical

4 support for the IGAD Peace Process and especially

5 the IGAD Secretariat in Nairobi, Kenya; and

6 (C) instruct the United States Permanent Rep7 resentative to the United Nations to call on the

8 United Nations Secretary General to consider the

9 appointment of a special envoy for Sudan.

10 SEC. 736. EXPRESSING THE SENSE OF THE CONGRESS RE11 GARDING THE TREATMENT OF RELIGIOUS

12 MINORITIES IN THE ISLAMIC REPUBLIC OF

13 IRAN, AND PARTICULARLY THE RECENT AR14 RESTS OF MEMBERS OF THAT COUNTRY’S

15 JEWISH COMMUNITY.

16 (a) FINDINGS.—The Senate finds that—

17 (1) ten percent of the citizens of the Islamic

18 Republic of Iran are members of religious minority

19 groups;

20 (2) according to the State Department and

21 internationally recognized human rights organiza22 tions, such as Human Rights Watch and Amnesty

23 International, religious minorities in the Islamic Re24 public of Iran—including Sunni Muslims, Baha’is,

25 Christians, and Jews—have been the victims of
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1 human rights violations solely because of their status

2 as religious minorities;

3 (3) the 55th session of the United Nations

4 Commission on Human Rights passed Resolution

5 1999/13, which expresses the concern of the inter6 national community over ‘‘continued discrimination

7 against religious minorities’’ in the Islamic Republic

8 of Iran, and calls on that country to moderate its

9 policy on religious minorities until they are ‘‘com10 pletely emancipated’’;

11 (4) more than half the Jews in Iran have been

12 forced to flee that country since the Islamic Revolu13 tion of 1979 because of religious persecution, and

14 many of them now reside in the United States;

15 (5) the Iranian Jewish community, with a

16 2,500-year history and currently numbering some

17 30,000 people, is the oldest Jewish community living

18 in the Diaspora;

19 (6) five Jews have been executed by the Iranian

20 government in the past five years without having

21 been tried;

22 (7) there has been a noticeable increase recently

23 in anti-Semitic propaganda in the government-con24 trolled Iranian press;
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1 (8) on the eve of the Jewish holiday of Passover

2 1999, thirteen or more Jews, including community

3 and religious leaders in the city of Shiraz, were ar4 rested by the authorities of the Islamic Republic of

5 Iran; and

6 (9) in keeping with its dismal record on pro7 viding accused prisoners with due process and fair

8 treatment, the Islamic Republic of Iran failed to

9 charge the detained Jews with any specific crime or

10 allow visitation by relatives of the detained for more

11 than two months.

12 (b) SENSE OF CONGRESS.—It is the sense of the

13 Congress that the United States should—

14 (1) continue to work through the United Na15 tions to assure that the Islamic Republic of Iran im16 plements the recommendations of Resolution 1999/

17 13;

18 (2) condemn, in the strongest possible terms,

19 the recent arrest of members of Iran’s Jewish mi20 nority and urge their immediate release;

21 (3) urge all nations having relations with the

22 Islamic Republic of Iran to condemn the treatment

23 of religious minorities in Iran and call for the re24 lease of all prisoners held on the basis of their reli25 gious beliefs; and
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1 (4) maintain the current United States policy

2 toward the Islamic Republic of Iran unless and until

3 that country moderates its treatment of religious mi4 norities.

5 SEC. 737. REPORTING REQUIREMENTS UNDER PLO COM6 MITMENTS COMPLIANCE ACT OF 1989.

7 (a) FINDINGS.—Congress makes the following find8 ings:

9 (1) The PLO Commitments Compliance Act of

10 1989 (title VIII of Public Law 101–246) requires

11 the President to submit reports to the Speaker of

12 the House of Representatives and the chairman of

13 the Committee on Foreign Relations of the Senate

14 every 180 days, on Palestinian compliance with the

15 Geneva commitments of 1988, the commitments con16 tained in the letter of September 9, 1993 to the

17 Prime Minister of Israel, and the letter of Sep18 tember 9, 1993 to the Foreign Minister of Norway.

19 (2) The reporting requirements of the PLO

20 Commitments Compliance Act of 1989 have re21 mained in force from enactment until the present.

22 (3) Modification and amendment to the PLO

23 Commitments Compliance Act of 1989, and the ex24 piration of the Middle East Peace Facilitation Act
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1 (Public Law 104–107) did not alter the reporting

2 requirements.

3 (4) According to the official records of the

4 Committee on Foreign Relations of the Senate, the

5 last report under the PLO Commitments Compli6 ance Act of 1989 was submitted and received on De7 cember 27, 1997.

8 (b) REPORTING REQUIREMENTS.—The PLO Com9 mitments Compliance Act of 1989 is amended —

10 (1) in section 804(b), by striking ‘‘In conjunc11 tion with each written policy justification required

12 under section 604(b)(1) of the Middle East Peace

13 Facilitation Act of 1995 or every’’ and inserting

14 ‘‘Every’’;

15 (2) in section 804(b)—

16 (A) by striking ‘‘and’’ at the end of para17 graph (9);

18 (B) by striking the period at the end of

19 paragraph (10); and

20 (C) by adding at the end the following new

21 paragraphs:

22 ‘‘(11) a statement on the effectiveness of end23 use monitoring of international or United States aid

24 being provided to the Palestinian Authority, Pales25 tinian Liberation Organization, or the Palestinian
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1 Legislative Council, or to any other agent or instru2 mentality of the Palestinian Authority, on Pales3 tinian efforts to comply with international account4 ing standards and on enforcement of anti-corruption

5 measures; and

6 ‘‘(12) a statement on compliance by the Pales7 tinian Authority with the democratic reforms, with

8 specific details regarding the separation of powers

9 called for between the executive and Legislative

10 Council, the status of legislation passed by the Leg11 islative Council and sent to the executive, the sup12 port of the executive for local and municipal elec13 tions, the status of freedom of the press, and of the

14 ability of the press to broadcast debate from within

15 the Legislative Council and about the activities of

16 the Legislative Council.’’.

17 SEC. 738. REPORT ON TERRORIST ACTIVITY IN WHICH

18 UNITED STATES CITIZENS WERE KILLED AND

19 RELATED MATTERS.

20 (a) IN GENERAL.—Not later than 6 months after the

21 date of enactment of this legislation and every 6 months

22 thereafter, the Secretary of State shall prepare and submit

23 a report, with a classified annex as necessary, to the ap24 propriate congressional committees regarding terrorist at25 tacks in Israel, in territory administered by Israel, and
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1 in territory administered by the Palestinian Authority.

2 The report shall contain the following information:

3 (1) A list of formal commitments the Pales4 tinian Authority has made to combat terrorism.

5 (2) A list of terrorist attacks, occurring between

6 September 13, 1993 and the date of the report,

7 against United States citizens in Israel, in territory

8 administered by Israel, or in territory administered

9 by the Palestinian Authority, including—

10 (A) a list of all citizens of the United

11 States killed or injured in such attacks;

12 (B) the date of each attack, the total num13 ber of people killed or injured in each attack;

14 (C) the person or group claiming responsi15 bility for the attack and where such person or

16 group has found refuge or support;

17 (D) a list of suspects implicated in each at18 tack and the nationality of each suspect, includ19 ing information on—

20 (i) which suspects are in the custody

21 of the Palestinian Authority and which

22 suspects are in the custody of Israel;

23 (ii) which suspects are still at large in

24 areas controlled by the Palestinian Author25 ity or Israel; and
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1 (iii) the whereabouts (or suspected

2 whereabouts) of suspects implicated in

3 each attack.

4 (3) Of the suspects implicated in the attacks

5 described in paragraph (2) and detained by Pales6 tinian or Israeli authorities, information on—

7 (A) the date each suspect was incarcer8 ated;

9 (B) whether any suspects have been re10 leased, the date of such release, and whether

11 any released suspect was implicated in subse12 quent acts of terrorism; and

13 (C) the status of each case pending against

14 a suspect, including information on whether the

15 suspect has been indicted, prosecuted, or con16 victed by the Palestinian Authority or Israel.

17 (4) The policy of the Department of State with

18 respect to offering rewards for information on ter19 rorist suspects, including any information on wheth20 er a reward has been posted for suspects involved in

21 terrorist attacks listed in the report.

22 (5) A list of each request by the United States

23 for assistance in investigating terrorist attacks listed

24 in the report, a list of each request by the United

25 States for the transfer of terrorist suspects from the
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1 Palestinian Authority and Israel since September

2 13, 1993 and the response to each request from the

3 Palestinian Authority and Israel.

4 (6) A description of efforts made by United

5 States officials since September 13, 1993 to bring to

6 justice perpetrators of terrorist acts against United

7 States citizens as listed in the report.

8 (7) A list of any terrorist suspects in these

9 cases who are members of Palestinian police or secu10 rity forces, the Palestine Liberation Organization, or

11 any Palestinian governing body.

12 (8) A list of all United States citizens killed or

13 injured in terrorist attacks in Israel or in territory

14 administered by Israel between 1950 and September

15 13, 1993, to include in each case, where such infor16 mation is available, any stated claim of responsibility

17 and the resolution or disposition of each case, in18 cluding information as to the whereabouts of the

19 perpetrators of the acts: Provided, That this list

20 shall be submitted only once with the initial report

21 required under this section, unless additional rel22 evant information on these cases becomes available.

23 (9) The amount of compensation the United

24 States has requested for United States citizens, or

25 their families, injured or killed in attacks by terror-
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1 ists in Israel, in territory administered by Israel, or

2 in territory administered by the Palestinian Author3 ity since September 13, 1993, and, if no compensa4 tion has been requested, an explanation of why such

5 requests have not been made.

6 (b) CONSULTATION WITH OTHER DEPARTMENTS.—

7 The Secretary of State shall, in preparing the report re8 quired by this section, consult and coordinate with all

9 other Government officials who have information nec10 essary to complete the report. Nothing contained in this

11 section shall require the disclosure, on a classified or un12 classified basis, of information that would jeopardize sen13 sitive sources and methods or other vital national security

14 interests or jeopardize ongoing criminal investigations or

15 proceedings.

16 (c) INITIAL REPORT.—Except as provided in sub17 section (a)(8), the initial report filed under this section

18 shall cover the period between September 13, 1993 and

19 the date of the report.

20 (d) APPROPRIATE CONGRESSIONAL COMMITTEES.—

21 For purposes of this section, the term ‘‘appropriate con22 gressional committees’’ means the Committee on Foreign

23 Relations of the Senate and the Committee on Inter24 national Relations of the House of Representatives.
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1 SEC. 739. SENSE OF SENATE REGARDING CHILD LABOR.

2 (a) FINDINGS.—The Senate makes the following

3 findings:

4 (1) The International Labor Organization (in

5 this resolution referred to as the ‘‘ILO’’) estimates

6 that at least 250,000,000 children under the age of

7 15 are working around the world, many of them in

8 dangerous jobs that prevent them from pursuing an

9 education and damage their physical and moral well10 being.

11 (2) Children are the most vulnerable element of

12 society and are often abused physically and mentally

13 in the work place.

14 (3) Making children work endangers their edu15 cation, health, and normal development.

16 (4) UNICEF estimates that by the year 2000,

17 over 1,000,000,000 adults will be unable to read or

18 write on even a basic level because they had to work

19 as children and were not educated.

20 (5) Nearly 41 percent of the children in Africa,

21 22 percent in Asia, and 17 percent in Latin America

22 go to work without ever having seen the inside of a

23 classroom.

24 (6) The President, in his State of the Union ad25 dress, called abusive child labor ‘‘the most intoler26 able labor practice of all,’’ and called upon other
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1 countries to join in the fight against abusive and ex2 ploitative child labor.

3 (7) The Department of Labor has conducted 5

4 detailed studies that document the growing trend of

5 child labor in the global economy, including a study

6 that shows children as young as 4 are making as7 sorted products that are traded in the global mar8 ketplace.

9 (8) The prevalence of child labor in many devel10 oping countries is rooted in widespread poverty that

11 is attributable to unemployment and underemploy12 ment among adults, low living standards, and insuf13 ficient education and training opportunities among

14 adult workers and children.

15 (9) The ILO has unanimously reported a new

16 Convention on the Worst Forms of Child Labor.

17 (10) The United States negotiators played a

18 leading role in the negotiations leading up to the

19 successful conclusion of the new ILO Convention on

20 the Worst Forms of Child Labor.

21 (11) On September 23, 1993, the United States

22 Senate unanimously adopted a resolution stating its

23 opposition to the importation of products made by

24 abusive and exploitative child labor and the exploi25 tation of children for commercial gain.
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1 (b) SENSE OF THE SENATE.—It is the sense of the

2 Senate that—

3 (1) abusive and exploitative child labor should

4 not be tolerated anywhere it occurs;

5 (2) ILO member States should be commended

6 for their efforts in negotiating this historic conven7 tion;

8 (3) it should be the policy of the United States

9 to continue to work with all foreign nations and

10 international organizations to promote an end to

11 abusive and exploitative child labor; and

12 (4) the Senate looks forward to the prompt sub13 mission by the President of the new ILO Convention

14 on the Worst Forms of Child Labor.

15 SEC. 740. REPORTING REQUIREMENT ON WORLDWIDE CIR16 CULATION OF SMALL ARMS AND LIGHT

17 WEAPONS.

18 (a) FINDINGS.—Congress makes the following find19 ings:

20 (1) In numerous regional conflicts, the presence

21 of vast numbers of small arms and light weapons

22 has prolonged and exacerbated conflict and frus23 trated attempts by the international community to

24 secure lasting peace. The sheer volume of available

25 weaponry has been a major factor in the devastation
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1 witnessed in recent conflicts in Angola, Cambodia,

2 Liberia, Mozambique, Rwanda, Sierra Leone, Soma3 lia, Sri Lanka, and Afghanistan, among others, and

4 has contributed to the violence endemic to

5 narcotrafficking in Colombia and Mexico.

6 (2) Increased access by terrorists, guerrilla

7 groups, criminals, and others to small arms and

8 light weapons poses a real threat to United States

9 participants in peacekeeping operations and United

10 States forces based overseas, as well as to United

11 States citizens traveling overseas.

12 (3) In accordance with the reorganization of the

13 Department of State made by the Foreign Affairs

14 Reform and Restructuring Act of 1998, effective

15 March 28, 1999, all functions and authorities of the

16 Arms Control and Disarmament Agency were trans17 ferred to the Secretary of State. One of the stated

18 goals of that Act is to integrate the Arms Control

19 and Disarmament Agency into the Department of

20 State ‘‘to give new emphasis to a broad range of ef21 forts to curb proliferation of dangerous weapons and

22 delivery systems’’.

23 (b) REPORT.—Not later than 180 days after the date

24 of enactment of this Act, the Secretary of State shall sub-
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1 mit to the appropriate congressional committees a report

2 containing—

3 (1) an assessment of whether the export of

4 small arms poses any proliferation problems

5 including—

6 (A) estimates of the numbers and sources

7 of licit and illicit small arms and light arms in

8 circulation and their origins;

9 (B) the challenges associated with moni10 toring small arms; and

11 (C) the political, economic, and security di12 mensions of this issue, and the threats posed,

13 if any, by these weapons to United States inter14 ests, including national security interests;

15 (2) an assessment of whether the export of

16 small arms of the type sold commercially in the

17 United States should be considered a foreign policy

18 or proliferation issue;

19 (3) a description of current Department of

20 State activities to monitor and, to the extent possible

21 ensure adequate control of, both the licit and illicit

22 manufacture, transfer, and proliferation of small

23 arms and light weapons, including efforts to survey

24 and assess this matter with respect to Africa and to

25 survey and assess the scope and scale of the issue,
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1 including stockpile security and destruction of excess

2 inventory, in NATO and Partnership for Peace

3 countries;

4 (4) a description of the impact of the reorga5 nization of the Department of State made by the

6 Foreign Affairs Reform and Restructuring Act of

7 1998 on the transfer of functions relating to moni8 toring, licensing, analysis, and policy on small arms

9 and light weapons, including—

10 (A) the integration of and the functions re11 lating to small arms and light weapons of the

12 United States Arms Control and Disarmament

13 Agency with those of the Department of State;

14 (B) the functions of the Bureau of Arms

15 Control, the Bureau of Nonproliferation, the

16 Bureau of Political-Military Affairs, the Bureau

17 of International Narcotics and Law Enforce18 ment, regional bureaus, and any other relevant

19 bureau or office of the Department of State, in20 cluding the allocation of personnel and funds,

21 as they pertain to small arms and light weap22 ons;

23 (C) the functions of the regional bureaus

24 of the Department of State in providing infor25 mation and policy coordination in bilateral and
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1 multilateral settings on small arms and light

2 weapons;

3 (D) the functions of the Under Secretary

4 of State for Arms Control and International Se5 curity pertaining to small arms and light weap6 ons; and

7 (E) the functions of the scientific and pol8 icy advisory board on arms control, non9 proliferation, and disarmament pertaining to

10 small arms and light weapons; and

11 (5) an assessment of whether foreign govern12 ments are enforcing their own laws concerning small

13 arms and light weapons import and sale, including

14 commitments under the Inter-American Convention

15 Against the Illicit Manufacturing of and Trafficking

16 in Firearms, Ammunition, Explosives, and Other

17 Related Materials or other relevant international

18 agreements.
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1 Subtitle C—United States Entry2 Exit Controls

3 SEC. 751. AMENDMENT OF THE ILLEGAL IMMIGRATION RE4 FORM AND IMMIGRANT RESPONSIBILITY ACT

5 OF 1996.

6 (a) IN GENERAL.—Section 110(a) of the Illegal Im7 migration Reform and Immigrant Responsibility Act of

8 1996 (8 U.S.C. 1221 note) is amended to read as follows:

9 ‘‘(a) SYSTEM.—

10 ‘‘(1) IN GENERAL.—Subject to paragraph (2),

11 not later than 2 years after the date of enactment

12 of this Act, the Attorney General shall develop an

13 automated entry and exit control system that will—

14 ‘‘(A) collect a record of departure for every

15 alien departing the United States and match

16 the record of departure with the record of the

17 alien’s arrival in the United States; and

18 ‘‘(B) enable the Attorney General to iden19 tify, through online searching procedures, law20 fully admitted nonimmigrants who remain in

21 the United States beyond the period authorized

22 by the Attorney General.

23 ‘‘(2) EXCEPTION.—The system under para24 graph (1) shall not collect a record of arrival or

25 departure—
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1 ‘‘(A) at a land border or seaport of the

2 United States for any alien; or

3 ‘‘(B) for any alien for whom the documen4 tary requirements in section 212(a)(7)(B) of

5 the Immigration and Nationality Act have been

6 waived by the Attorney General and the Sec7 retary of State under section 212(d)(4)(B) of

8 the Immigration and Nationality Act.’’.

9 (b) EFFECTIVE DATE.—The amendment made by

10 subsection (a) shall take effect as if included in the enact11 ment of the Illegal Immigration Reform and Immigrant

12 Responsibility Act of 1996 (division C of Public Law 104–

13 208; 110 Stat. 3009–546).

14 SEC. 752. REPORT ON AUTOMATED ENTRY-EXIT CONTROL

15 SYSTEM.

16 (a) REQUIREMENT.—Not later than 1 year after the

17 date of enactment of this Act, the Attorney General shall

18 submit a report to the Committees on the Judiciary of

19 the Senate and the House of Representatives on the feasi20 bility of developing and implementing an automated entry21 exit control system that would collect a record of depar22 ture for every alien departing the United States and match

23 the record of departure with the record of the alien’s ar24 rival in the United States, including departures and arriv25 als at the land borders and seaports of the United States.
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1 (b) CONTENTS OF REPORT.—Such report shall—

2 (1) assess the costs and feasibility of various

3 means of operating such an automated entry-exit

4 control system, including exploring—

5 (A) how, if the automated entry-exit con6 trol system were limited to certain aliens arriv7 ing at airports, departure records of those

8 aliens could be collected when they depart

9 through a land border or seaport; and

10 (B) the feasibility of the Attorney General,

11 in consultation with the Secretary of State, ne12 gotiating reciprocal agreements with the gov13 ernments of contiguous countries to collect such

14 information on behalf of the United States and

15 share it in an acceptable automated format;

16 (2) consider the various means of developing

17 such a system, including the use of pilot projects if

18 appropriate, and assess which means would be most

19 appropriate in which geographical regions;

20 (3) evaluate how such a system could be imple21 mented without increasing border traffic congestion

22 and border crossing delays and, if any such system

23 would increase border crossing delays, evaluate to

24 what extent such congestion or delays would in25 crease; and
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1 (4) estimate the length of time that would be

2 required for any such system to be developed and

3 implemented.

4 SEC. 753. ANNUAL REPORTS ON ENTRY-EXIT CONTROL AND

5 USE OF ENTRY-EXIT CONTROL DATA.

6 (a) ANNUAL REPORTS ON IMPLEMENTATION OF

7 ENTRY-EXIT CONTROL AT AIRPORTS.—Not later than 30

8 days after the end of each fiscal year until the fiscal year

9 in which the Attorney General certifies to Congress that

10 the entry-exit control system required by section 110(a)

11 of the Illegal Immigration Reform and Immigrant Respon12 sibility Act of 1996, as amended by section 751 of this

13 Act, has been developed, the Attorney General shall sub14 mit to the Committees on the Judiciary of the Senate and

15 the House of Representatives a report that—

16 (1) provides an accurate assessment of the sta17 tus of the development of the entry-exit control sys18 tem;

19 (2) includes a specific schedule for the develop20 ment of the entry-exit control system that the Attor21 ney General anticipates will be met; and

22 (3) includes a detailed estimate of the funding,

23 if any, needed for the development of the entry-exit

24 control system.
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1 (b) ANNUAL REPORTS ON VISA OVERSTAYS IDENTI2 FIED THROUGH THE ENTRY-EXIT CONTROL SYSTEM.—

3 Not later than June 30 of each year, the Attorney General

4 shall submit to the Committees on the Judiciary of the

5 Senate and the House of Representatives a report that

6 sets forth—

7 (1) the number of arrival records of aliens and

8 the number of departure records of aliens that were

9 collected during the preceding fiscal year under the

10 entry-exit control system under section 110(a) of the

11 Illegal Immigration Reform and Immigrant Respon12 sibility Act of 1996, as so amended, with a separate

13 accounting of such numbers by country of nation14 ality;

15 (2) the number of departure records of aliens

16 that were successfully matched to records of such

17 aliens’ prior arrival in the United States, with a sep18 arate accounting of such numbers by country of na19 tionality and by classification as immigrant or non20 immigrant; and

21 (3) the number of aliens who arrived as non22 immigrants, or as visitors under the visa waiver pro23 gram under section 217 of the Immigration and Na24 tionality Act, for whom no matching departure

25 record has been obtained through the system, or
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1 through other means, as of the end of such aliens’

2 authorized period of stay, with an accounting by

3 country of nationality and approximate date of ar4 rival in the United States.

5 (c) INCORPORATION INTO OTHER DATABASES.—In6 formation regarding aliens who have remained in the

7 United States beyond their authorized period of stay that

8 is identified through the system referred to in subsection

9 (a) shall be integrated into appropriate databases of the

10 Immigration and Naturalization Service and the Depart11 ment of State, including those used at ports-of-entry and

12 at consular offices.

13 TITLE VIII—INTERNATIONAL OR14 GANIZATIONS AND COMMIS15 SIONS

16 Subtitle A—Authorizations of

17 Appropriations

18 SEC. 801. CONTRIBUTIONS TO INTERNATIONAL ORGANIZA19 TIONS.

20 (a) AUTHORIZATION OF APPROPRIATIONS.—

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

22 appropriated under the heading ‘‘Contributions to

23 International Organizations’’ $940,000,000 for the

24 fiscal year 2000 and $940,000,000 for the fiscal

25 year 2001 for the Department of State to carry out
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1 the authorities, functions, duties, and responsibilities

2 in the conduct of the foreign affairs of the United

3 States with respect to international organizations

4 and to carry out other authorities in law consistent

5 with such purposes.

6 (2) AVAILABILITY OF FUNDS FOR CIVIL BUDG7 ET OF NATO.—Of the amounts authorized in para8 graph (1), $48,977,000 are authorized in fiscal year

9 2000 and $48,977,000 in fiscal year 2001 for the

10 United States assessment for the civil budget of the

11 North Atlantic Treaty Organization.

12 (b) NO GROWTH BUDGET.—Of the funds made avail13 able under subsection (a), $80,000,000 may be made

14 available during each calendar year only after the Sec15 retary of State certifies that the United Nations has taken

16 no action during the preceding calendar year to increase

17 funding for any United Nations program without identi18 fying an offsetting decrease during that calendar year else19 where in the United Nations budget of $2,533,000,000,

20 and cause the United Nations to exceed the initial 1998–

21 99 United Nations biennium budget adopted in December

22 1997.

23 (c) INSPECTOR GENERAL OF THE UNITED NA24 TIONS.—
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1 (1) WITHHOLDING OF FUNDS.—Twenty percent

2 of the funds made available in each fiscal year under

3 subsection (a) for the assessed contribution of the

4 United States to the United Nations shall be with5 held from obligation and expenditure until a certifi6 cation is made under paragraph (2).

7 (2) CERTIFICATION.—A certification under this

8 paragraph is a certification by the Secretary of State

9 in the fiscal year concerned that the following condi10 tions are satisfied:

11 (A) ACTION BY THE UNITED NATIONS.—

12 The United Nations—

13 (i) has met the requirements of para14 graphs (1) through (6) of section 401(b) of

15 the Foreign Relations Authorization Act,

16 Fiscal Years 1994 and 1995 (22 U.S.C.

17 287e note), as amended by paragraph (3);

18 (ii) has established procedures that

19 require the Under Secretary General of the

20 Office of Internal Oversight Services to re21 port directly to the Secretary General on

22 the adequacy of the Office’s resources to

23 enable the Office to fulfill its mandate; and
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1 (iii) has made available an adequate

2 amount of funds to the Office for carrying

3 out its functions.

4 (B) AUTHORITY BY OIOS.—The Office of

5 Internal Oversight Services has authority to

6 audit, inspect, or investigate each program,

7 project, or activity funded by the United Na8 tions, and each executive board created under

9 the United Nations has been notified, in writ10 ing, of that authority.

11 (3) AMENDMENT OF THE FOREIGN RELATIONS

12 AUTHORIZATION ACT, FISCAL YEARS 1994 AND

13 1995.—Section 401(b) of the Foreign Relations Au14 thorization Act, Fiscal Years 1994 and 1995 is

15 amended—

16 (A) by amending paragraph (6) to read as

17 follows:

18 ‘‘(6) the United Nations has procedures in

19 place to ensure that all reports submitted by the Of20 fice of Internal Oversight Services are made avail21 able to the member states of the United Nations

22 without modification except to the extent necessary

23 to protect the privacy rights of individuals.’’; and
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1 (B) by striking ‘‘Inspector General’’ each

2 place it appears and inserting ‘‘Office of Inter3 nal Oversight Services’’.

4 (d) PROHIBITION ON CERTAIN GLOBAL CON5 FERENCES.—None of the funds made available under sub6 section (a) shall be available for any United States con7 tribution to pay for any expense related to the holding of

8 any United Nations global conference, except for any con9 ference scheduled prior to October 1, 1998.

10 (e) PROHIBITION ON FUNDING OTHER FRAMEWORK

11 TREATY-BASED ORGANIZATIONS.—None of the funds

12 made available for the 1998–1999 biennium budget under

13 subsection (a) for United States contributions to the reg14 ular budget of the United Nations shall be available for

15 the United States proportionate share of any other frame16 work treaty-based organization, including the Framework

17 Convention on Global Climate Change, the International

18 Seabed Authority, the Desertification Convention, and the

19 International Criminal Court.

20 (f) FOREIGN CURRENCY EXCHANGE RATES.—

21 (1) AUTHORIZATION OF APPROPRIATIONS.—In

22 addition to amounts authorized to be appropriated

23 by subsection (a), there are authorized to be appro24 priated such sums as may be necessary for each of
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1 fiscal years 2000 and 2001 to offset adverse fluctua2 tions in foreign currency exchange rates.

3 (2) AVAILABILITY OF FUNDS.—Amounts appro4 priated under this subsection shall be available for

5 obligation and expenditure only to the extent that

6 the Director of the Office of Management and Budg7 et determines and certifies to Congress that such

8 amounts are necessary due to such fluctuations.

9 (g) REFUND OF EXCESS CONTRIBUTIONS.—The

10 United States shall continue to insist that the United Na11 tions and its specialized and affiliated agencies shall credit

12 or refund to each member of the agency concerned its pro13 portionate share of the amount by which the total con14 tributions to the agency exceed the expenditures of the

15 regular assessed budgets of these agencies.

16 SEC. 802. CONTRIBUTIONS FOR INTERNATIONAL PEACE17 KEEPING ACTIVITIES.

18 (a) AUTHORIZATION OF APPROPRIATIONS.—There

19 are authorized to be appropriated under the heading

20 ‘‘Contributions for International Peacekeeping Activities’’

21 $235,000,000 for the fiscal year 2000 and $235,000,000

22 for the fiscal year 2001 for the Department of State to

23 carry out the authorities, functions, duties, and respon24 sibilities in the conduct of the foreign affairs of the United

25 States with respect to international peacekeeping activities
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1 and to carry out other authorities in law consistent with

2 such purposes.

3 (b) CODIFICATION OF REQUIRED NOTICE OF PRO4 POSED UNITED NATIONS PEACEKEEPING OPERATIONS.—

5 (1) CODIFICATION.—Section 4 of the United

6 Nations Participation Act of 1945 (22 U.S.C. 287b)

7 is amended—

8 (A) in subsection (a), by striking the sec9 ond sentence; and

10 (B) by striking subsection (e) and insert11 ing the following:

12 ‘‘(e) CONSULTATIONS AND REPORTS ON UNITED NA13 TIONS PEACEKEEPING OPERATIONS.—

14 ‘‘(1) CONSULTATIONS.—Each month the Presi15 dent shall consult with Congress on the status of

16 United Nations peacekeeping operations.

17 ‘‘(2) INFORMATION TO BE PROVIDED.—In con18 nection with such consultations, the following infor19 mation shall be provided each month to the des20 ignated congressional committees:

21 ‘‘(A) With respect to ongoing United Na22 tions peacekeeping operations, the following:

23 ‘‘(i) A list of all resolutions of the

24 United Nations Security Council antici25 pated to be voted on during such month
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1 that would extend or change the mandate

2 of any United Nations peacekeeping oper3 ation.

4 ‘‘(ii) For each such operation, any

5 changes in the duration, mandate, and

6 command and control arrangements that

7 are anticipated as a result of the adoption

8 of the resolution.

9 ‘‘(iii) An estimate of the total cost to

10 the United Nations of each such operation

11 for the period covered by the resolution,

12 and an estimate of the amount of that cost

13 that will be assessed to the United States.

14 ‘‘(iv) Any anticipated significant

15 changes in United States participation in

16 or support for each such operation during

17 the period covered by the resolution (in18 cluding the provision of facilities, training,

19 transportation, communication, and

20 logistical support, but not including intel21 ligence activities reportable under title V of

22 the National Security Act of 1947 (50

23 U.S.C. 413 et seq.)), and the estimated

24 costs to the United States of such changes.
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1 ‘‘(B) With respect to each new United Na2 tions peacekeeping operation that is anticipated

3 to be authorized by a Security Council resolu4 tion during such month, the following informa5 tion for the period covered by the resolution:

6 ‘‘(i) The anticipated duration, man7 date, and command and control arrange8 ments of such operation, the planned exit

9 strategy, and the vital national interest to

10 be served.

11 ‘‘(ii) An estimate of the total cost to

12 the United Nations of the operation, and

13 an estimate of the amount of that cost

14 that will be assessed to the United States.

15 ‘‘(iii) A description of the functions

16 that would be performed by any United

17 States Armed Forces participating in or

18 otherwise operating in support of the oper19 ation, an estimate of the number of mem20 bers of the Armed Forces that will partici21 pate in or otherwise operate in support of

22 the operation, and an estimate of the cost

23 to the United States of such participation

24 or support.
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1 ‘‘(iv) A description of any other

2 United States assistance to or support for

3 the operation (including the provision of

4 facilities, training, transportation, commu5 nication, and logistical support, but not in6 cluding intelligence activities reportable

7 under title V of the National Security Act

8 of 1947 (50 U.S.C. 413 et seq.)), and an

9 estimate of the cost to the United States

10 of such assistance or support.

11 ‘‘(v) A reprogramming of funds pur12 suant to section 34 of the State Depart13 ment Basic Authorities Act of 1956, sub14 mitted in accordance with the procedures

15 set forth in such section, describing the

16 source of funds that will be used to pay for

17 the cost of the new United Nations peace18 keeping operation, provided that such noti19 fication shall also be submitted to the

20 Committee on Appropriations of the House

21 of Representatives and the Committee on

22 Appropriations of the Senate.

23 ‘‘(3) FORM AND TIMING OF INFORMATION.—
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1 ‘‘(A) FORM.—The President shall submit

2 information under clauses (i) and (iii) of para3 graph (2)(A) in writing.

4 ‘‘(B) TIMING.—

5 ‘‘(i) ONGOING OPERATIONS.—The in6 formation required under paragraph (2)(A)

7 for a month shall be submitted not later

8 than the 10th day of the month.

9 ‘‘(ii) NEW OPERATIONS.—The infor10 mation required under paragraph (2)(B)

11 shall be submitted in writing with respect

12 to each new United Nations peacekeeping

13 operation not less than 15 days before the

14 anticipated date of the vote on the resolu15 tion concerned unless the President deter16 mines that exceptional circumstances pre17 vent compliance with the requirement to

18 report 15 days in advance. If the President

19 makes such a determination, the informa20 tion required under paragraph (2)(B) shall

21 be submitted as far in advance of the vote

22 as is practicable.

23 ‘‘(4) NEW UNITED NATIONS PEACEKEEPING OP24 ERATION DEFINED.—As used in paragraph (2), the

25 term ‘new United Nations peacekeeping operation’
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1 includes any existing or otherwise ongoing United

2 Nations peacekeeping operation—

3 ‘‘(A) where the authorized force strength is

4 to be expanded;

5 ‘‘(B) that is to be authorized to operate in

6 a country in which it was not previously author7 ized to operate; or

8 ‘‘(C) the mandate of which is to be

9 changed so that the operation would be engaged

10 in significant additional or significantly dif11 ferent functions.

12 ‘‘(5) NOTIFICATION AND QUARTERLY REPORTS

13 REGARDING UNITED STATES ASSISTANCE.—

14 ‘‘(A) NOTIFICATION OF CERTAIN ASSIST15 ANCE.—

16 ‘‘(i) IN GENERAL.—The President

17 shall notify the designated congressional

18 committees at least 15 days before the

19 United States provides any assistance to

20 the United Nations to support peace21 keeping operations.

22 ‘‘(ii) EXCEPTION.—This subpara23 graph does not apply to—

24 ‘‘(I) assistance having a value of

25 less than $3,000,000 in the case of
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1 nonreimbursable assistance or less

2 than $14,000,000 in the case of reim3 bursable assistance; or

4 ‘‘(II) assistance provided under

5 the emergency drawdown authority of

6 sections 506(a)(1) and 552(c)(2) of

7 the Foreign Assistance Act of 1961

8 (22 U.S.C. 2318(a)(1) and

9 2348a(c)(2)).

10 ‘‘(B) QUARTERLY REPORTS.—

11 ‘‘(i) IN GENERAL.—The President

12 shall submit quarterly reports to the des13 ignated congressional committees on all as14 sistance provided by the United States

15 during the preceding calendar quarter to

16 the United Nations to support peace17 keeping operations.

18 ‘‘(ii) MATTERS INCLUDED.—Each re19 port under this subparagraph shall de20 scribe the assistance provided for each

21 such operation, listed by category of assist22 ance.

23 ‘‘(iii) FOURTH QUARTER REPORT.—

24 The report under this subparagraph for

25 the fourth calendar quarter of each year
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1 shall be submitted as part of the annual

2 report required by subsection (d) and shall

3 include cumulative information for the pre4 ceding calendar year.

5 ‘‘(f) DESIGNATED CONGRESSIONAL COMMITTEES.—

6 In this section, the term ‘designated congressional com7 mittees’ means the Committee on Foreign Relations and

8 the Committee on Appropriations of the Senate and the

9 Committee on International Relations and the Committee

10 on Appropriations of the House of Representatives.’’.

11 (2) CONFORMING REPEAL.—Subsection (a) of

12 section 407 of the Foreign Relations Authorization

13 Act, Fiscal Years 1994 and 1995 (Public Law 103–

14 236; 22 U.S.C. 287b note; 108 Stat. 448) is re15 pealed.

16 (c) RELATIONSHIP TO OTHER NOTICE REQUIRE17 MENTS.—Section 4 of the United Nations Participation

18 Act of 1945, as amended by subsection (b), is further

19 amended by adding at the end the following:

20 ‘‘(g) RELATIONSHIP TO OTHER NOTIFICATION RE21 QUIREMENTS.—Nothing in this section is intended to alter

22 or supersede any notification requirement with respect to

23 peacekeeping operations that is established under any

24 other provision of law.’’.
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1 SEC. 803. AUTHORIZATION OF APPROPRIATIONS FOR CON2 TRIBUTIONS TO THE UNITED NATIONS VOL3 UNTARY FUND FOR VICTIMS OF TORTURE.

4 There are authorized to be appropriated to the Presi5 dent $5,000,000 for each of the fiscal years 2000 and

6 2001 for payment of contributions to the United Nations

7 Voluntary Fund for Victims of Torture.

8 Subtitle B—United Nations

9 Activities

10 SEC. 811. UNITED NATIONS POLICY ON ISRAEL AND THE

11 PALESTINIANS.

12 (a) CONGRESSIONAL STATEMENT.—It shall be the

13 policy of the United States to promote an end to the per14 sistent inequity experienced by Israel in the United Na15 tions whereby Israel is the only longstanding member of

16 the organization to be denied acceptance into any of the

17 United Nations regional blocs.

18 (b) POLICY ON ABOLITION OF CERTAIN UNITED NA19 TIONS GROUPS.—It shall be the policy of the United

20 States to seek the abolition of certain United Nations

21 groups the existence of which is inimical to the ongoing

22 Middle East peace process, those groups being the Special

23 Committee to Investigate Israeli Practices Affecting the

24 Human Rights of the Palestinian People and other Arabs

25 of the Occupied Territories; the Committee on the Exer26 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 Nations peacekeeping operations, if the ex16 penses incurred by any United States depart17 ment or agency providing the assistance have

18 first been 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 SEC. 825. UNITED STATES REPRESENTATION AT THE

6 INTERNATIONAL ATOMIC ENERGY AGENCY.

7 (a) AMENDMENT TO THE UNITED NATIONS PARTICI8 PATION ACT OF 1945.—Section 2(h) of the United Na9 tions Participation Act of 1945 (22 U.S.C. 287(h)) is

10 amended by adding at the end the following new sentence:

11 ‘‘The representative of the United States to the Vienna

12 office of the United Nations shall also serve as representa13 tive of the United States to the International Atomic En14 ergy Agency.’’.

15 (b) AMENDMENT TO THE IAEA PARTICIPATION ACT

16 OF 1957.—Section 2(a) of the International Atomic En17 ergy Agency Participation Act of 1957 (22 U.S.C.

18 2021(a)) is amended by adding at the end the following

19 new sentence: ‘‘The Representative of the United States

20 to the Vienna office of the United Nations shall also serve

21 as representative of the United States to the Agency.’’.

22 (c) EFFECTIVE DATE.—The amendments made by

23 subsections (a) and (b) shall apply to individuals ap24 pointed on or after the date of enactment of this Act.
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1 SEC. 826. ANNUAL FINANCIAL AUDITS OF UNITED STATES

2 SECTION OF THE INTERNATIONAL BOUND3 ARY AND WATER COMMISSION.

4 (a) IN GENERAL.—An independent auditor shall an5 nually conduct an audit of the financial statements and

6 accompanying notes to the financial statements of the

7 United States Section of the International Boundary and

8 Water Commission, United States and Mexico (in this sec9 tion referred to as the ‘‘Commission’’), in accordance with

10 generally accepted Government auditing standards and

11 such other procedures as may be established by the Office

12 of the Inspector General of the Department of State.

13 (b) REPORTS.—The independent auditor shall report

14 the results of such audit, including a description of the

15 scope of the audit and an expression of opinion as to the

16 overall fairness of the financial statements, to the Inter17 national Boundary and Water Commission, United States

18 and Mexico. The financial statements of the Commission

19 shall be presented in accordance with generally accepted

20 accounting principles. These financial statements and the

21 report of the independent auditor shall be included in a

22 report which the Commission shall submit to the Congress

23 not later than 90 days after the end of the last fiscal year

24 covered by the audit.

25 (c) REVIEW BY THE COMPTROLLER GENERAL.—The

26 Comptroller General of the United States (in this section
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1 referred to as the ‘‘Comptroller General’’) may review the

2 audit conducted by the auditor and the report to the Con3 gress in the manner and at such times as the Comptroller

4 General considers necessary. In lieu of the audit required

5 by subsection (b), the Comptroller General shall, if the

6 Comptroller General considers it necessary or, upon the

7 request of the Congress, audit the financial statements of

8 the Commission in the manner provided in subsection (b).

9 (d) AVAILABILITY OF INFORMATION.—In the event

10 of a review by the Comptroller General under subsection

11 (c), all books, accounts, financial records, reports, files,

12 workpapers, and property belonging to or in use by the

13 Commission and the auditor who conducts the audit under

14 subsection (b), which are necessary for purposes of this

15 subsection, shall be made available to the representatives

16 of the General Accounting Office designated by the Comp17 troller General.

18 SEC. 827. SENSE OF CONGRESS CONCERNING ICTR.

19 (a) FINDINGS.—The Congress finds as follows:

20 (1) The International Criminal Tribunal for

21 Rwanda (ICTR) was established to prosecute indi22 viduals responsible for genocide and other serious

23 violations of international humanitarian law com24 mitted in the territory of Rwanda.
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1 (2) A separate tribunal, the International

2 Criminal Tribunal for the Former Yugoslavia

3 (ICTY), was created with a similar purpose for

4 crimes committed in the territory of the former

5 Yugoslavia.

6 (3) The acts of genocide and crimes against hu7 manity that have been perpetrated against civilians

8 in the Great Lakes region of Africa equal in horror

9 the acts committed in the territory of the former

10 Yugoslavia.

11 (4) The ICTR has succeeded in issuing at least

12 28 indictments against 48 individuals, and currently

13 has in custody 38 individuals presumed to have led

14 and directed the 1994 genocide.

15 (5) The ICTR issued the first conviction ever

16 by an international court for the crime of genocide

17 against Jean-Paul Akayesu, the former mayor of

18 Taba, who was sentenced to life in prison.

19 (6) The mandate of the ICTR is limited to acts

20 committed only during calendar year 1994, yet the

21 mandate of the ICTY covers serious violations of

22 international humanitarian law since 1991 through

23 the present.

24 (7) There have been well substantiated allega25 tions of major crimes against humanity and war
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1 crimes that have taken place in the Great Lakes re2 gion of Africa that fall outside of the current man3 date of the Tribunal in terms of either the dates

4 when, or geographical areas where, such crimes took

5 place.

6 (8) The attention accorded the ICTY and the

7 indictments that have been made as a result of the

8 ICTY’s broad mandate continue to play an impor9 tant role in current United States policy in the Bal10 kans.

11 (9) The international community must send an

12 unmistakable signal that genocide and other crimes

13 against humanity cannot be committed with impu14 nity.

15 (b) SENSE OF CONGRESS.—It is the sense of the

16 Congress that the President should instruct the United

17 States United Nations Representative to advocate to the

18 Security Council to direct the Office for Internal Oversight

19 Services (OIOS) to reevaluate the conduct and operation

20 of the ICTR. Particularly, the OIOS should assess the

21 progress made by the Tribunal in implementing the rec22 ommendations of the Report of the United Nations Sec23 retary-General on the Activities of the Office of Internal

24 Oversight Services, A/52/784, of February 6, 1998. The
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1 OIOS should also include an evaluation of the potential

2 impact of expanding the original mandate of the ICTR.

3 (c) REPORT.—Ninety days after enactment of this

4 Act, the Secretary of State shall report to Congress on

5 the effectiveness and progress of the ICTR. The report

6 shall include an assessment of the ICTR’s ability to meet

7 its current mandate and an evaluation of the potential im8 pact of expanding that mandate to include crimes com9 mitted after calendar year 1994.

10 TITLE IX—ARREARS PAYMENTS

11 AND REFORM

12 Subtitle A—General Provisions

13 SEC. 901. SHORT TITLE.

14 This title may be cited as the ‘‘United Nations Re15 form Act of 1999’’.

16 SEC. 902. DEFINITIONS.

17 In this title:

18 (1) APPROPRIATE CONGRESSIONAL COMMIT19 TEES.—The term ‘‘appropriate congressional com20 mittees’’ means the Committee on Foreign Relations

21 and the Committee on Appropriations of the Senate

22 and the Committee on International Relations and

23 the Committee on Appropriations of the House of

24 Representatives.
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1 (2) DESIGNATED SPECIALIZED AGENCY DE2 FINED.—The term ‘‘designated specialized agency’’

3 means the International Labor Organization, the

4 World Health Organization, and the Food and Agri5 culture Organization.

6 (3) GENERAL ASSEMBLY.—The term ‘‘General

7 Assembly’’ means the General Assembly of the

8 United Nations.

9 (4) SECRETARY GENERAL.—The term ‘‘Sec10 retary General’’ means the Secretary General of the

11 United Nations.

12 (5) SECURITY COUNCIL.—The term ‘‘Security

13 Council’’ means the Security Council of the United

14 Nations.

15 (6) UNITED NATIONS MEMBER.—The term

16 ‘‘United Nations member’’ means any country that

17 is a member of the United Nations.

18 (7) UNITED NATIONS PEACEKEEPING OPER19 ATION.—The term ‘‘United Nations peacekeeping

20 operation’’ means any United Nations-led operation

21 to maintain or restore international peace or security

22 that—

23 (A) is authorized by the Security Council;

24 and
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1 (B) is paid for from assessed contributions

2 of United Nations members that are made

3 available for peacekeeping activities.

4 Subtitle B—Arrearages to the

5 United Nations

6 CHAPTER 1—AUTHORIZATION OF APPRO7 PRIATIONS; OBLIGATION AND EX8 PENDITURE OF FUNDS

9 SEC. 911. AUTHORIZATION OF APPROPRIATIONS.

10 (a) AUTHORIZATION.—

11 (1) FISCAL YEAR 1998.—

12 (A) REGULAR ASSESSMENTS.—In title IV

13 of the Departments of Commerce, Justice, and

14 State, the Judiciary, and Related Agencies Ap15 propriations Act, 1998 (Public Law 105-119),

16 under the heading ‘‘Contributions to Inter17 national Organizations’’, the first proviso shall

18 not apply.

19 (B) PEACEKEEPING ASSESSMENTS.—In

20 title IV of the Departments of Commerce, Jus21 tice, and State, the Judiciary, and Related

22 Agencies Appropriations Act, 1998 (Public Law

23 105-119), under the heading ‘‘Contributions for

24 International Peacekeeping Activities’’, the first

25 and second provisos shall not apply.
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1 (2) FISCAL YEAR 1999.—Pursuant to the first

2 proviso under the heading ‘‘Arrearage Payments’’ in

3 title IV of the Commerce, Justice, and State, the

4 Judiciary, and Related Agencies Appropriations Act,

5 1999 (as contained in section 101(b) of division A

6 of the Omnibus Consolidated and Emergency Sup7 plemental Appropriations Act, 1999; Public Law

8 105–277), the obligation and expenditure of funds

9 appropriated under such heading for payment of ar10 rearages to meet obligations of membership in the

11 United Nations, and to pay assessed expenses of

12 international peacekeeping activities are hereby au13 thorized, and the second proviso under such heading

14 shall not apply.

15 (3) FISCAL YEAR 2000.—There are authorized

16 to be appropriated to the Department of State for

17 payment of arrearages owed by the United States

18 described in subsection (b) as of September 30,

19 1997, $244,000,000 for fiscal year 2000.

20 (b) LIMITATION.—Amounts made available under

21 subsection (a) are authorized to be available only—

22 (1) to pay the United States share of assess23 ments for the regular budget of the United Nations;

24 (2) to pay the United States share of United

25 Nations peacekeeping operations;
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1 (3) to pay the United States share of United

2 Nations specialized agencies; and

3 (4) to pay the United States share of other

4 international organizations.

5 (c) AVAILABILITY OF FUNDS.—Amounts appro6 priated pursuant to subsection (a) are authorized to re7 main available until expended.

8 (d) STATUTORY CONSTRUCTION.—For purposes of

9 payments made using funds made available under sub10 section (a), section 404(b)(2) of the Foreign Relations Au11 thorization Act, Fiscal Years 1994 and 1995 (Public Law

12 103–236) shall not apply to United Nations peacekeeping

13 operation assessments received by the United States prior

14 to October 1, 1995.

15 SEC. 912. OBLIGATION AND EXPENDITURE OF FUNDS.

16 (a) IN GENERAL.—Funds made available pursuant to

17 section 911 may be obligated and expended only if the re18 quirements of subsections (b) and (c) of this section are

19 satisfied.

20 (b) OBLIGATION AND EXPENDITURE UPON SATIS21 FACTION OF CERTIFICATION REQUIREMENTS.—Subject to

22 subsections (e) and (f), funds made available pursuant to

23 section 911 may be obligated and expended only in the

24 following allotments and upon the following certifications:
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1 (1) Amounts made available for fiscal year

2 1998, upon the certification described in section

3 921.

4 (2) Amounts made available for fiscal year

5 1999, upon the certification described in section

6 931.

7 (3) Amounts authorized to be appropriated for

8 fiscal year 2000, upon the certification described in

9 section 941.

10 (c) ADVANCE CONGRESSIONAL NOTIFICATION.—

11 Funds made available pursuant to section 911 may be ob12 ligated and expended only if the appropriate certification

13 has been submitted to the appropriate congressional com14 mittees 30 days prior to the payment of the funds.

15 (d) TRANSMITTAL OF CERTIFICATIONS.—Certifi16 cations made under this chapter shall be transmitted by

17 the Secretary of State to the appropriate congressional

18 committees.

19 (e) WAIVER AUTHORITY WITH RESPECT TO FISCAL

20 YEAR 1999 FUNDS.—

21 (1) IN GENERAL.—Subject to paragraph (3)

22 and notwithstanding subsection (b), funds made

23 available under section 911 for fiscal year 1999 may

24 be obligated or expended pursuant to subsection

25 (b)(2) even if the Secretary of State cannot certify
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1 that the condition described in section 931(b)(1) has

2 been satisfied.

3 (2) REQUIREMENTS.—

4 (A) IN GENERAL.—The authority to waive

5 the condition described in paragraph (1) of this

6 subsection may be exercised only if the Sec7 retary of State—

8 (i) determines that substantial

9 progress towards satisfying the condition

10 has been made and that the expenditure of

11 funds pursuant to that paragraph is im12 portant to the interests of the United

13 States; and

14 (ii) has notified, and consulted with,

15 the appropriate congressional committees

16 prior to exercising the authority.

17 (B) EFFECT ON SUBSEQUENT CERTIFI18 CATION.—If the Secretary of State exercises the

19 authority of paragraph (1), the condition de20 scribed in that paragraph shall be deemed to

21 have been satisfied for purposes of making any

22 certification under section 941.

23 (3) ADDITIONAL REQUIREMENT.—If the au24 thority to waive a condition under paragraph (1)(A)

25 is exercised, the Secretary of State shall notify the
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1 United Nations that the Congress does not consider

2 the United States obligated to pay, and does not in3 tend to pay, arrearages that have not been included

4 in the contested arrearages account or other mecha5 nism described in section 931(b)(1).

6 (f) WAIVER AUTHORITY WITH RESPECT TO FISCAL

7 YEAR 2000 FUNDS.—

8 (1) IN GENERAL.—Subject to paragraph (2)

9 and notwithstanding subsection (b), funds made

10 available under section 911 for fiscal year 2000 may

11 be obligated or expended pursuant to subsection

12 (b)(3) even if the Secretary of State cannot certify

13 that the condition described in paragraph (1) of sec14 tion 941(b) has been satisfied.

15 (2) REQUIREMENTS.—

16 (A) IN GENERAL.—The authority to waive

17 a condition under paragraph (1) may be exer18 cised only if the Secretary of State has notified,

19 and consulted with, the appropriate congres20 sional committees prior to exercising the au21 thority.

22 (B) EFFECT ON SUBSEQUENT CERTIFI23 CATION.—If the Secretary of State exercises the

24 authority of paragraph (1) with respect to a

25 condition, such condition shall be deemed to
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1 have been satisfied for purposes of making any

2 certification under section 941.

3 SEC. 913. FORGIVENESS OF AMOUNTS OWED BY THE

4 UNITED NATIONS TO THE UNITED STATES.

5 (a) FORGIVENESS OF INDEBTEDNESS.—Subject to

6 subsection (b), the President is authorized to forgive or

7 reduce any amount owed by the United Nations to the

8 United States as a reimbursement, including any reim9 bursement payable under the Foreign Assistance Act of

10 1961 or the United Nations Participation Act of 1945.

11 (b) LIMITATIONS.—

12 (1) TOTAL AMOUNT.—The total of amounts for13 given or reduced under subsection (a) may not ex14 ceed $107,000,000.

15 (2) RELATION TO UNITED STATES ARREAR16 AGES.—Amounts shall be forgiven or reduced under

17 this section only to the same extent as the United

18 Nations forgives or reduces amounts owed by the

19 United States to the United Nations as of Sep20 tember 30, 1997.

21 (c) REQUIREMENTS.—The authority in subsection (a)

22 shall be available only to the extent and in the amounts

23 provided in advance in appropriations Acts.

24 (d) CONGRESSIONAL NOTIFICATION.—Before exer25 cising any authority in subsection (a), the President shall
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1 notify the appropriate congressional committees in accord2 ance with the same procedures as are applicable to re3 programming notifications under section 634A of the For4 eign Assistance Act of 1961 (22 U.S.C. 2394–1).

5 (e) EFFECTIVE DATE.—This section shall take effect

6 on the date a certification is transmitted to the appro7 priate congressional committees under section 931.

8 CHAPTER 2—UNITED STATES

9 SOVEREIGNTY

10 SEC. 921. CERTIFICATION REQUIREMENTS.

11 (a) CONTENTS OF CERTIFICATION.—A certification

12 described in this section is a certification by the Secretary

13 of State that the following conditions are satisfied:

14 (1) SUPREMACY OF THE UNITED STATES CON15 STITUTION.—No action has been taken by the

16 United Nations or any of its specialized or affiliated

17 agencies that requires the United States to violate

18 the United States Constitution or any law of the

19 United States.

20 (2) NO UNITED NATIONS SOVEREIGNTY.—Nei21 ther the United Nations nor any of its specialized or

22 affiliated agencies—

23 (A) has exercised sovereignty over the

24 United States; or
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1 (B) has taken any steps that require the

2 United States to cede sovereignty.

3 (3) NO UNITED NATIONS TAXATION.—

4 (A) NO LEGAL AUTHORITY.—Except as

5 provided in subparagraph (D), neither the

6 United Nations nor any of its specialized or af7 filiated agencies has the authority under United

8 States law to impose taxes or fees on United

9 States nationals.

10 (B) NO TAXES OR FEES.—Except as pro11 vided in subparagraph (D), a tax or fee has not

12 been imposed on any United States national by

13 the United Nations or any of its specialized or

14 affiliated agencies.

15 (C) NO TAXATION PROPOSALS.—Except as

16 provided in subparagraph (D), neither the

17 United Nations nor any of its specialized or af18 filiated agencies has, on or after October 1,

19 1996, officially approved any formal effort to

20 develop, advocate, or promote any proposal con21 cerning the imposition of a tax or fee on any

22 United States national in order to raise revenue

23 for the United Nations or any such agency.

24 (D) EXCEPTION.—This paragraph does

25 not apply to—
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1 (i) fees for publications or other kinds

2 of fees that are not tantamount to a tax on

3 United States citizens;

4 (ii) the World Intellectual Property

5 Organization; or

6 (iii) the staff assessment costs of the

7 United Nations and its specialized or affili8 ated agencies.

9 (4) NO STANDING ARMY.—The United Nations

10 has not, on or after October 1, 1996, budgeted any

11 funds for, nor taken any official steps to develop,

12 create, or establish any special agreement under Ar13 ticle 43 of the United Nations Charter to make

14 available to the United Nations, on its call, the

15 armed forces of any member of the United Nations.

16 (5) NO INTEREST FEES.—The United Nations

17 has not, on or after October 1, 1996, levied interest

18 penalties against the United States or any interest

19 on arrearages on the annual assessment of the

20 United States, and neither the United Nations nor

21 its specialized agencies have, on or after October 1,

22 1996, amended their financial regulations or taken

23 any other action that would permit interest penalties

24 to be levied against the United States or otherwise
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1 charge the United States any interest on arrearages

2 on its annual assessment.

3 (6) UNITED STATES REAL PROPERTY

4 RIGHTS.—Neither the United Nations nor any of its

5 specialized or affiliated agencies has exercised au6 thority or control over any United States national

7 park, wildlife preserve, monument, or real property,

8 nor has the United Nations nor any of its specialized

9 or affiliated agencies implemented plans, regulations,

10 programs, or agreements that exercise control or au11 thority over the private real property of United

12 States citizens located in the United States without

13 the approval of the property owner.

14 (7) TERMINATION OF BORROWING AUTHOR15 ITY.—

16 (A) PROHIBITION ON AUTHORIZATION OF

17 EXTERNAL BORROWING.—On or after the date

18 of enactment of this Act, neither the United

19 Nations nor any specialized agency of the

20 United Nations has amended its financial regu21 lations to permit external borrowing.

22 (B) PROHIBITION OF UNITED STATES PAY23 MENT OF INTEREST COSTS.—The United States

24 has not, on or after October 1, 1984, paid its

25 share of any interest costs made known to or
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1 identified by the United States Government for

2 loans incurred, on or after October 1, 1984, by

3 the United Nations or any specialized agency of

4 the United Nations through external borrowing.

5 (b) TRANSMITTAL.—The Secretary of State may

6 transmit a certification under subsection (a) at any time

7 during fiscal year 1998 or thereafter if the requirements

8 of the certification are satisfied.

9 CHAPTER 3—REFORM OF ASSESSMENTS

10 AND UNITED NATIONS PEACEKEEPING

11 OPERATIONS

12 SEC. 931. CERTIFICATION REQUIREMENTS.

13 (a) IN GENERAL.—A certification described in this

14 section is a certification by the Secretary of State that

15 the conditions in subsection (b) are satisfied. Such certifi16 cation shall not be made by the Secretary if the Secretary

17 determines that any of the conditions set forth in section

18 921 are no longer satisfied.

19 (b) CONDITIONS.—The conditions under this sub20 section are the following:

21 (1) CONTESTED ARREARAGES.—The United

22 Nations has established an account or other appro23 priate mechanism with respect to all United States

24 arrearages incurred before the date of enactment of

25 this Act with respect to which payments are not au-
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1 thorized by this Act, and the failure to pay amounts

2 specified in the account does not affect the applica3 tion of Article 19 of the Charter of the United Na4 tions. The account established under this paragraph

5 may be referred to as the ‘‘contested arrearages ac6 count’’.

7 (2) LIMITATION ON ASSESSED SHARE OF BUDG8 ET FOR UNITED NATIONS PEACEKEEPING OPER9 ATIONS.—The assessed share of the budget for each

10 assessed United Nations peacekeeping operation

11 does not exceed 25 percent for any single United

12 Nations member.

13 (3) LIMITATION ON ASSESSED SHARE OF REG14 ULAR BUDGET.—The share of the total of all as15 sessed contributions for the regular budget of the

16 United Nations does not exceed 22 percent for any

17 single United Nations member.

18 CHAPTER 4—BUDGET AND PERSONNEL

19 REFORM

20 SEC. 941. CERTIFICATION REQUIREMENTS.

21 (a) IN GENERAL.—

22 (1) IN GENERAL.—Except as provided in para23 graph (2), a certification described in this section is

24 a certification by the Secretary of State that the

25 conditions in subsection (b) are satisfied.
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1 (2) SPECIFIED CERTIFICATION.—A certification

2 described in this section is also a certification that,

3 with respect to the United Nations or a particular

4 designated specialized agency, the conditions in sub5 section (b)(4) applicable to that organization are

6 satisfied, regardless of whether the conditions in

7 subsection (b)(4) applicable to any other organiza8 tion are satisfied, if the other conditions in sub9 section (b) are satisfied.

10 (3) EFFECT OF SPECIFIED CERTIFICATION.—

11 Funds made available under section 912(b)(3) upon

12 a certification made under this section with respect

13 to the United Nations or a particular designated

14 specialized agency shall be limited to that portion of

15 the funds available under that section that is allo16 cated for the organization with respect to which the

17 certification is made and for any other organization

18 to which none of the conditions in subsection (b)

19 apply.

20 (4) LIMITATION.—A certification described in

21 this section shall not be made by the Secretary if the

22 Secretary determines that any of the conditions set

23 forth in sections 921 and 931 are no longer satis24 fied.
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1 (b) CONDITIONS.—The conditions under this sub2 section are the following:

3 (1) LIMITATION ON ASSESSED SHARE OF REG4 ULAR BUDGET.—The share of the total of all as5 sessed contributions for the regular budget of the

6 United Nations, or any designated specialized agen7 cy of the United Nations, does not exceed 20 percent

8 for any single United Nations member.

9 (2) INSPECTORS GENERAL FOR CERTAIN ORGA10 NIZATIONS.—

11 (A) ESTABLISHMENT OF OFFICES.—Each

12 designated specialized agency has established an

13 independent office of inspector general to con14 duct and supervise objective audits, inspections,

15 and investigations relating to the programs and

16 operations of the organization.

17 (B) APPOINTMENT OF INSPECTORS GEN18 ERAL.—The Director General of each des19 ignated specialized agency has appointed an in20 spector general, with the approval of the mem21 ber states, and that appointment was made

22 principally on the basis of the appointee’s integ23 rity and demonstrated ability in accounting, au24 diting, financial analysis, law, management
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1 analysis, public administration, or investiga2 tions.

3 (C) ASSIGNED FUNCTIONS.—Each inspec4 tor general appointed under subparagraph (A)

5 is authorized to—

6 (i) make investigations and reports re7 lating to the administration of the pro8 grams and operations of the agency con9 cerned;

10 (ii) have access to all records, docu11 ments, and other available materials relat12 ing to those programs and operations of

13 the agency concerned; and

14 (iii) have direct and prompt access to

15 any official of the agency concerned.

16 (D) COMPLAINTS.—Each designated spe17 cialized agency has procedures in place designed

18 to protect the identity of, and to prevent repris19 als against, any staff member making a com20 plaint or disclosing information to, or cooper21 ating in any investigation or inspection by, the

22 inspector general of the agency.

23 (E) COMPLIANCE WITH RECOMMENDA24 TIONS.—Each designated specialized agency has

25 in place procedures designed to ensure compli-
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1 ance with the recommendations of the inspector

2 general of the agency.

3 (F) AVAILABILITY OF REPORTS.—Each

4 designated specialized agency has in place pro5 cedures to ensure that all annual and other rel6 evant reports submitted by the inspector gen7 eral to the agency are made available to the

8 member states without modification except to

9 the extent necessary to protect the privacy

10 rights of individuals.

11 (3) NEW BUDGET PROCEDURES FOR THE

12 UNITED NATIONS.—The United Nations has estab13 lished and is implementing budget procedures that—

14 (A) require the maintenance of a budget

15 not in excess of the level agreed to by the Gen16 eral Assembly at the beginning of each United

17 Nations budgetary biennium, unless increases

18 are agreed to by consensus; and

19 (B) require the system-wide identification

20 of expenditures by functional categories such as

21 personnel, travel, and equipment.

22 (4) SUNSET POLICY FOR CERTAIN UNITED NA23 TIONS PROGRAMS.—

24 (A) EXISTING AUTHORITY.—The Secretary

25 General and the Director General of each des-
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1 ignated specialized agency have used their exist2 ing authorities to require program managers

3 within the United Nations Secretariat and the

4 Secretariats of the designated specialized agen5 cies to conduct evaluations of United Nations

6 programs approved by the General Assembly,

7 and of programs of the designated specialized

8 agencies, in accordance with the standardized

9 methodology referred to in subparagraph (B).

10 (B) DEVELOPMENT OF EVALUATION CRI11 TERIA.—

12 (i) UNITED NATIONS.—The Office of

13 Internal Oversight Services has developed

14 a standardized methodology for the evalua15 tion of United Nations programs approved

16 by the General Assembly, including specific

17 criteria for determining the continuing rel18 evance and effectiveness of the programs.

19 (ii) DESIGNATED SPECIALIZED AGEN20 CIES.—Patterned on the work of the Office

21 of Internal Oversight Services of the

22 United Nations, each designated special23 ized agency has developed a standardized

24 methodology for the evaluation of the pro25 grams of the agency, including specific cri-
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1 teria for determining the continuing rel2 evance and effectiveness of the programs.

3 (C) PROCEDURES.—Consistent with the

4 July 16, 1997, recommendations of the Sec5 retary General regarding a sunset policy and re6 sults-based budgeting for United Nations pro7 grams, the United Nations and each designated

8 specialized agency has established and is imple9 menting procedures—

10 (i) requiring the Secretary General or

11 the Director General of the agency, as the

12 case may be, to report on the results of

13 evaluations referred to in this paragraph,

14 including the identification of programs

15 that have met criteria for continuing rel16 evance and effectiveness and proposals to

17 terminate or modify programs that have

18 not met such criteria; and

19 (ii) authorizing an appropriate body

20 within the United Nations or the agency,

21 as the case may be, to review each evalua22 tion referred to in this paragraph and re23 port to the General Assembly on means of

24 improving the program concerned or on

25 terminating the program.
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1 (D) UNITED STATES POLICY.—It shall be

2 the policy of the United States to seek adoption

3 by the United Nations of a resolution requiring

4 that each United Nations program approved by

5 the General Assembly, and to seek adoption by

6 each designated specialized agency of a resolu7 tion requiring that each program of the agency,

8 be subject to an evaluation referred to in this

9 paragraph and have a specific termination date

10 so that the program will not be renewed unless

11 the evaluation demonstrates the continuing rel12 evance and effectiveness of the program.

13 (E) DEFINITION.—For purposes of this

14 paragraph, the term ‘‘United Nations program

15 approved by the General Assembly’’ means a

16 program approved by the General Assembly of

17 the United Nations which is administered or

18 funded by the United Nations.

19 (5) UNITED NATIONS ADVISORY COMMITTEE ON

20 ADMINISTRATIVE AND BUDGETARY QUESTIONS.—

21 (A) IN GENERAL.—The United States has

22 a seat on the United Nations Advisory Com23 mittee on Administrative and Budgetary Ques24 tions or the five largest member contributors

25 each have a seat on the Advisory Committee.
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1 (B) DEFINITION.—As used in this para2 graph, the term ‘‘5 largest member contribu3 tors’’ means the 5 United Nations member

4 states that, during a United Nations budgetary

5 biennium, have more total assessed contribu6 tions than any other United Nations member

7 state to the aggregate of the United Nations

8 regular budget and the budget (or budgets) for

9 United Nations peacekeeping operations.

10 (6) ACCESS BY THE GENERAL ACCOUNTING OF11 FICE.—The United Nations has in effect procedures

12 providing access by the United States General Ac13 counting Office to United Nations financial data to

14 assist the Office in performing nationally mandated

15 reviews of United Nations operations.

16 (7) PERSONNEL.—

17 (A) APPOINTMENT AND SERVICE OF PER18 SONNEL.—The Secretary General—

19 (i) has established and is imple20 menting procedures that ensure that staff

21 employed by the United Nations is ap22 pointed on the basis of merit consistent

23 with Article 101 of the United Nations

24 Charter; and
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1 (ii) is enforcing those contractual obli2 gations requiring worldwide availability of

3 all professional staff of the United Nations

4 to serve and be relocated based on the

5 needs of the United Nations.

6 (B) CODE OF CONDUCT.—The General As7 sembly has adopted, and the Secretary General

8 has the authority to enforce and is effectively

9 enforcing, a code of conduct binding on all

10 United Nations personnel, including the re11 quirement of financial disclosure statements

12 binding on senior United Nations personnel and

13 the establishment of rules against nepotism that

14 are binding on all United Nations personnel.

15 (C) PERSONNEL EVALUATION SYSTEM.—

16 The United Nations has adopted and is enforc17 ing a personnel evaluation system.

18 (D) PERIODIC ASSESSMENTS.—The United

19 Nations has established and is implementing a

20 mechanism to conduct periodic assessments of

21 the United Nations payroll to determine total

22 staffing, and the results of such assessments

23 are reported in an unabridged form to the Gen24 eral Assembly.
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1 (E) REVIEW OF UNITED NATIONS ALLOW2 ANCE SYSTEM.—The United States has com3 pleted a thorough review of the United Nations

4 personnel allowance system. The review shall in5 clude a comparison of that system with the

6 United States civil service system, and shall

7 make recommendations to reduce entitlements

8 to allowances and allowance funding levels from

9 the levels in effect on January 1, 1998.

10 (8) REDUCTION IN BUDGET AUTHORITIES.—

11 The designated specialized agencies have achieved

12 zero nominal growth in their biennium budgets for

13 2000–01 from the 1998–99 biennium budget levels

14 of the respective agencies.

15 (9) NEW BUDGET PROCEDURES AND FINANCIAL

16 REGULATIONS.—Each designated specialized agency

17 has established procedures to—

18 (A) require the maintenance of a budget

19 that does not exceed the level agreed to by the

20 member states of the organization at the begin21 ning of each budgetary biennium, unless in22 creases are agreed to by consensus;

23 (B) require the identification of expendi24 tures by functional categories such as per25 sonnel, travel, and equipment; and
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1 (C) require approval by the member states

2 of the agency’s supplemental budget requests to

3 the Secretariat in advance of expenditures

4 under those requests.

5 (10) LIMITATION ON ASSESSED SHARE OF REG6 ULAR BUDGET FOR THE DESIGNATED SPECIALIZED

7 AGENCIES.—The share of the total of all assessed

8 contributions for any designated specialized agency

9 does not exceed 22 percent for any single member of

10 the agency.

11 Subtitle C—Miscellaneous

12 Provisions

13 SEC. 951. STATUTORY CONSTRUCTION ON RELATION TO EX14 ISTING LAWS.

15 Except as otherwise specifically provided, nothing in

16 this title may be construed to make available funds in vio17 lation of any provision of law containing a specific prohibi18 tion or restriction on the use of the funds, including sec19 tion 114 of the Department of State Authorization Act,

20 Fiscal Years 1984 and 1985 (22 U.S.C. 287e note), sec21 tion 151 of the Foreign Relations Authorization Act, Fis22 cal Years 1986 and 1987 (22 U.S.C. 287e note), and sec23 tion 404 of the Foreign Relations Authorization Act, Fis24 cal Years 1994 and 1995 (22 U.S.C. 287e note).
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1 SEC. 952. PROHIBITION ON PAYMENTS RELATING TO

2 UNIDO AND OTHER INTERNATIONAL ORGANI3 ZATIONS FROM WHICH THE UNITED STATES

4 HAS WITHDRAWN OR RESCINDED FUNDING.

5 None of the funds authorized to be appropriated by

6 this title shall be used to pay any arrearage for—

7 (1) the United Nations Industrial Development

8 Organization;

9 (2) any costs to merge that organization into

10 the United Nations;

11 (3) the costs associated with any other organi12 zation of the United Nations from which the United

13 States has withdrawn including the costs of the

14 merger of such organization into the United Na15 tions; or

16 (4) the World Tourism Organization, or any

17 other international organization with respect to

18 which Congress has rescinded funding.

19 TITLE X—RUSSIAN BUSINESS

20 MANAGEMENT EDUCATION

21 SEC. 1001. PURPOSE.

22 The purpose of this title is to establish a training pro23 gram in Russia for nationals of Russia to obtain skills in

24 business administration, accounting, and marketing, with

25 special emphasis on instruction in business ethics and in

26 the basic terminology, techniques, and practices of those
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1 disciplines, to achieve international standards of quality,

2 transparency, and competitiveness.

3 SEC. 1002. DEFINITIONS.

4 (a) BOARD.—The term ‘‘Board’’ means the United

5 States-Russia Business Management Training Board es6 tablished under section 1005(a).

7 (b) DISTANCE LEARNING.—The term ‘‘distance

8 learning’’ means training through computers, interactive

9 videos, teleconferencing, and videoconferencing between

10 and among students and teachers.

11 (c) ELIGIBLE ENTERPRISE.—The term ‘‘eligible en12 terprise’’ means—

13 (1) a business concern operating in Russia that

14 employs Russian nationals; and

15 (2) a private enterprise that is being formed or

16 operated by former officers of the Russian armed

17 forces in Russia.

18 (d) SECRETARY.—The term ‘‘Secretary’’ means the

19 Secretary of State.

20 SEC. 1003. AUTHORIZATION FOR TRAINING PROGRAM AND

21 INTERNSHIPS.

22 (a) TRAINING PROGRAM.—

23 (1) IN GENERAL.—The Secretary of State, act24 ing through the Under Secretary of State for Public

25 Diplomacy, and taking into account the general poli-
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1 cies recommended by the United States-Russia Busi2 ness Management Training Board established under

3 section 1005(a), is authorized to establish a program

4 of technical assistance (in this title referred to as the

5 ‘‘program’’) to provide the training described in sec6 tion 1001 to eligible enterprises.

7 (2) IMPLEMENTATION.—Training shall be car8 ried out by United States nationals having expertise

9 in business administration, accounting, and mar10 keting or by Russian nationals who have been

11 trained under the program or by those who meet cri12 teria established by the Board. Such training may be

13 carried out—

14 (A) in the offices of eligible enterprises, at

15 business schools or institutes, or at other loca16 tions in Russia, including facilities of the armed

17 forces of Russia, educational institutions, or in

18 the offices of trade or industry associations,

19 with special consideration given to locations

20 where similar training opportunities are limited

21 or nonexistent; or

22 (B) by ‘‘distance learning’’ programs origi23 nating in the United States or in European

24 branches of United States institutions.
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1 (b) INTERNSHIPS WITH UNITED STATES DOMESTIC

2 BUSINESS CONCERNS.—The Secretary, acting through

3 the Under Secretary of State for Public Diplomacy, is au4 thorized to pay the travel expenses and appropriate in5 country business English language training, if needed, of

6 certain Russian nationals who have completed training

7 under the program to undertake short-term internships

8 with business concerns in the United States upon the rec9 ommendation of the Board.

10 SEC. 1004. APPLICATIONS FOR TECHNICAL ASSISTANCE.

11 (a) PROCEDURES.—

12 (1) IN GENERAL.—Each eligible enterprise that

13 desires to receive training for its employees and

14 managers under this title shall submit an application

15 to the clearinghouse established by subsection (d), at

16 such time, in such manner, and accompanied by

17 such additional information as the Secretary may

18 reasonably require.

19 (2) JOINT APPLICATIONS.—A consortium of eli20 gible enterprises may file a joint application under

21 the provisions of paragraph (1).

22 (b) CONTENTS.—The Secretary shall approve an ap23 plication under subsection (a) only if the application—
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1 (1) is for an individual or individuals employed

2 in an eligible enterprise or enterprises applying

3 under the program;

4 (2) describes the level of training for which as5 sistance under this title is sought;

6 (3) provides evidence that the eligible enterprise

7 meets the general policies adopted by the Secretary

8 for the administration of this title;

9 (4) provides assurances that the eligible enter10 prise will pay a share of the costs of the training,

11 which share may include in-kind contributions; and

12 (5) provides such additional assurances as the

13 Secretary determines to be essential to ensure com14 pliance with the requirements of this title.

15 (c) COMPLIANCE WITH BOARD POLICIES.—The Sec16 retary shall approve applications for technical assistance

17 under the program after taking into account the rec18 ommendations of the Board.

19 (d) CLEARINGHOUSE.—There is established a clear20 inghouse in Russia to manage and execute the program.

21 The clearinghouse shall screen applications, provide infor22 mation regarding training and teachers, monitor perform23 ance of the program, and coordinate appropriate post-pro24 gram follow-on activities.
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1 SEC. 1005. UNITED STATES-RUSSIAN BUSINESS MANAGE2 MENT TRAINING BOARD.

3 (a) ESTABLISHMENT.—There is established within

4 the Department of State a United States-Russian Busi5 ness Management Training Board.

6 (b) COMPOSITION.—The Board established pursuant

7 to subsection (a) shall be composed of 12 members as fol8 lows:

9 (1) The Under Secretary of State for Public Di10 plomacy.

11 (2) The Administrator of the Agency for Inter12 national Development.

13 (3) The Secretary of Commerce.

14 (4) The Secretary of Education.

15 (5) Six individuals from the private sector hav16 ing expertise in business administration, accounting,

17 and marketing, who shall be appointed by the Sec18 retary of State, as follows:

19 (A) Two individuals employed by graduate

20 schools of management offering accredited de21 grees.

22 (B) Two individuals employed by eligible

23 enterprises.

24 (C) Two individuals from nongovernmental

25 organizations involved in promoting free market

26 economy practices in Russia.
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1 (6) Two nationals of Russia having experience

2 in business administration, accounting, or mar3 keting, who shall be appointed by the Secretary of

4 State upon the recommendation of the Government

5 of Russia, and who shall serve as nonvoting mem6 bers.

7 (c) GENERAL POLICIES.—The Board shall make rec8 ommendations to the Secretary with respect to general

9 policies for the administration of this title, including—

10 (1) guidelines for the administration of the pro11 gram under this title;

12 (2) criteria for determining the qualifications of

13 applicants under the program;

14 (3) the appointment of panels of business lead15 ers in the United States and Russia for the purpose

16 of nominating trainees; and

17 (4) such other matters with respect to which

18 the Secretary may request recommendations.

19 (d) CHAIRPERSON.—The Chairperson of the Board

20 shall be designated by the President from among the vot21 ing members of the Board. Except as provided in sub22 section (e)(2), a majority of the voting members of the

23 Board shall constitute a quorum.

24 (e) MEETINGS.—The Board shall meet at the call of

25 the Chairperson, except that—
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1 (1) the Board shall meet not less than 4 times

2 each year; and

3 (2) the Board shall meet whenever one-third of

4 the voting members request a meeting in writing, in

5 which event 7 of the voting members shall constitute

6 a quorum.

7 (f) COMPENSATION.—Members of the Board who are

8 not in the regular full-time employ of the United States

9 shall receive, while engaged in the business of the Board,

10 compensation for service at a rate to be fixed by the Presi11 dent, except that such rate shall not exceed the rate speci12 fied at the time of such service for level V of the Executive

13 Schedule under section 5316 of title 5, United States

14 Code, including traveltime, and, while so serving away

15 from their homes or regular places of business, they may

16 be allowed travel expenses, including per diem in lieu of

17 subsistence, as authorized by section 5703 of title 5,

18 United States Code, for persons employed intermittently

19 in Government service.

20 SEC. 1006. RESTRICTIONS NOT APPLICABLE.

21 Prohibitions on the use of foreign assistance funds

22 for assistance for the Russian Federation shall not apply

23 with respect to the funds made available to carry out this

24 title.
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1 SEC. 1007. AUTHORIZATION OF APPROPRIATIONS.

2 (a) IN GENERAL.—There is authorized to be appro3 priated $10,000,000 for each of fiscal years 2000 and

4 2001 to carry out this title.

5 (b) AVAILABILITY OF FUNDS.—Amounts appro6 priated under subsection (a) are authorized to remain

7 available until expended.

8 SEC. 1008. EFFECTIVE DATE.

9 This title shall take effect on October 1, 1999.

Passed the Senate June 22, 1999.

Attest:

Secretary.
106TH CONGRESS

1ST SESSION S. 886

AN ACT

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
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