Calendar No. 123

104TH CONGRESS

1ST SESSION S. 908

[Report No. 104–95]

A BILL

To authorize appropriations for the Department of

national Development, and for other purposes.mament Agency, and the Agency for Interthe United States Arms Control and Disarabolish the United States Information Agency,State for fiscal years 1996 through 1999 and to

JUNE 9 (legislative day, JUNE 5), 1995

Read twice and placed on the calendar
II

Calendar No. 123

104TH CONGRESS

1ST SESSION S. 908

[Report No. 104–95]

To authorize appropriations for the Department of State for fiscal years

1996 through 1999 and to abolish the United States Information Agency,

the United States Arms Control and Disarmament Agency, and the

Agency for International Development, and for other purposes.

IN THE SENATE OF THE UNITED STATES

JUNE 9 (legislative day, JUNE 5), 1995

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

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

A BILL

To authorize appropriations for the Department of State

for fiscal years 1996 through 1999 and to abolish the

United States Information Agency, the United States

Arms Control and Disarmament Agency, and the Agency

for International Development, and for other purposes.

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

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Foreign Relations Re5 vitalization Act of 1995’’.
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1 SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF

2 CONTENTS.

3 (a) DIVISIONS.—This Act is organized into two divi4 sions as follows:

5 (1) Division A—Foreign Relations Authoriza6 tion Act, Fiscal Years 1996–1999.

7 (2) Division B—Foreign Affairs Reinvention

8 Act of 1995.

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

10 this Act is as follows:

Sec. 1. Short title.

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

DIVISION A—FOREIGN RELATIONS AUTHORIZATION ACT, FISCAL

YEARS 1996–1999

Sec. 101. Short title.

TITLE I—DEPARTMENT OF STATE AND RELATED AGENCIES

CHAPTER 1—AUTHORIZATION OF APPROPRIATIONS

Sec. 111. Administration of foreign affairs.

Sec. 112. Migration and refugee assistance.

CHAPTER 2—AUTHORITIES AND ACTIVITIES

Sec. 121. Lease-purchase agreements.

Sec. 122. United States Embassy building in Berlin, Germany.

Sec. 123. Fees for commercial services.

Sec. 124. Reduction of reporting requirements.

Sec. 125. Buying power maintenance account.

Sec. 126. Capital investment fund.

Sec. 127. Administrative expenses.

Sec. 128. Fee for use of diplomatic reception rooms.

Sec. 129. Contracts at posts abroad.

Sec. 130. Expenses relating to certain international claims and proceedings.

Sec. 131. Diplomatic Telecommunications Service.

Sec. 132. Diplomatic Telecommunications Service Program Office.

Sec. 133. International Center reserve funds.

Sec. 134. Joint funds under agreements for cooperation in environmental, scientific, cultural and related areas.

Sec. 135. United States diplomatic facilities in Kosova.

Sec. 136. Antibribery study.

Sec. 137. Budget Act compliance.
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CHAPTER 3—PERSONNEL

Sec. 141. Authorized strength of the Foreign Service.

Sec. 142. Restriction on lobbying activities of former United States chiefs of

mission.

Sec. 143. Foreign Service grounding in United States business.

Sec. 144. Foreign affairs administrative support.

Sec. 145. Foreign Service reform.

Sec. 146. Limitations on management assignments.

Sec. 147. Report on promotion and retention of personnel.

Sec. 148. Recovery of costs of health care services.

Sec. 149. Nonovertime differential pay.

Sec. 150. Access to records.

Sec. 151. Training.

Sec. 152. Redesignation of National Foreign Affairs Training Center.

CHAPTER 4—CONSULAR AND RELATED ACTIVITIES

Sec. 161. Fee for diversity immigrant lottery.

Sec. 162. Fee for execution of passport applications.

Sec. 163. Fees for machine readable visas.

Sec. 164. Children adopted abroad.

Sec. 165. Consular officers.

Sec. 166. Exclusion from the United States for membership in a terrorist organization.

Sec. 167. Incitement as a basis for exclusion from the United States.

Sec. 168. Exclusion from the United States of aliens who have confiscated

property claimed by United States persons.

Sec. 169. Visit of the president of the Republic of China on Taiwan.

Sec. 170. Terrorist Lookout Committees.

Sec. 171. Sense of Congress on border crossing fees.

TITLE II—UNITED NATIONS

CHAPTER 1—FUNDING; BUDGETARY AND MANAGEMENT REFORM

Sec. 201. Assessed contributions to the United Nations and affiliated agencies.

Sec. 202. Assessed contributions for international peacekeeping activities.

Sec. 203. Calculation of assessed contributions.

Sec. 204. Reform in budget decisionmaking procedures of the United Nations

and its specialized agencies.

Sec. 205. United Nations budgetary and management reform.

Sec. 206. Whistleblower provision.

CHAPTER 2—UNITED NATIONS PEACEKEEPING

Sec. 211. Annual report on United States contributions to United Nations

peacekeeping activities.

Sec. 212. Prior congressional notification of Security Council votes on United

Nations peacekeeping activities.

Sec. 213. Codification of required notice to Congress of proposed United Nations peacekeeping activities.

Sec. 214. Limitation on assessment percentage for peacekeeping activities.

Sec. 215. Buy America requirement.

Sec. 216. Restrictions on intelligence sharing with the United Nations.

Sec. 217. Activities exempted from United Nations sanctions.

Sec. 218. UNPROFOR funding restrictions.
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Sec. 219. Escalating costs for international peacekeeping activities.

Sec. 220. Definition.

TITLE III—OTHER INTERNATIONAL ORGANIZATIONS

CHAPTER 1—AUTHORIZATION OF APPROPRIATIONS

Sec. 301. International conferences and contingencies.

Sec. 302. International commissions.

Sec. 303. International Boundary and Water Commission.

Sec. 304. Inter-American organizations.

CHAPTER 2—GENERAL PROVISIONS

Sec. 311. International criminal court participation.

Sec. 312. Prohibition on assistance to international organizations espousing

world government.

Sec. 313. Termination of United States participation in certain international

organizations.

Sec. 314. International covenant on civil and political rights.

Sec. 315. United States participation in single commodity international organizations.

Sec. 316. Prohibition on contributions to the International Natural Rubber Organization.

Sec. 317. Prohibition on contributions to the International Tropical Timber Organization.

Sec. 318. General Accounting Office study of the cost-effectiveness and efficiency of international organizations to which the United

States makes contributions.

TITLE IV—UNITED STATES INFORMATIONAL, EDUCATIONAL, AND

CULTURAL PROGRAMS

CHAPTER 1—AUTHORIZATION OF APPROPRIATIONS

Sec. 401. Authorization of appropriations.

Sec. 402. National Endowment for Democracy.

CHAPTER 2—USIA AND RELATED AGENCIES AUTHORITIES AND ACTIVITIES

Sec. 411. Participation in international fairs and expositions.

Sec. 412. Extension of au pair programs.

Sec. 413. Pilot program on advertising on USIA television and radio broadcasts.

Sec. 414. Availability of Voice of America and Radio Marti multilingual computer readable text and voice recordings.

Sec. 415. Plan for Radio Free Asia.

Sec. 416. Expansion of Muskie fellowship program.

Sec. 417. Changes in administrative authorities.

Sec. 418. General Accounting Office study of duplication among certain international affairs grantees.

Sec. 419. General Accounting Office study of activities of the North/South Center in support of the North American Free Trade Agreement.

TITLE V—UNITED STATES ARMS CONTROL AND DISARMAMENT

AGENCY AND THE AGENCY FOR INTERNATIONAL DEVELOPMENT

Sec. 501. Authorization of appropriations.
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Sec. 502. Statutory construction.

Sec. 503. Operating expenses.

Sec. 504. Operating expenses of the Office of the Inspector General.

TITLE VI—FOREIGN POLICY

Sec. 601. Repeal of provisions relating to interparliamentary groups.

Sec. 602. Repeal of executive branch membership on the Commission on Security and Cooperation in Europe.

Sec. 603. Persons fleeing coercive population control policies.

Sec. 604. Authorized payments and transfers.

Sec. 605. Reports regarding Hong Kong.

Sec. 606. Applicability of Taiwan Relations Act.

Sec. 607. Taipei representative office.

Sec. 608. Report on occupied Tibet.

Sec. 609. Special envoy for Tibet Act of 1995.

Sec. 610. Prohibition on use of funds to facilitate Iraqi refugee admissions into

the United States.

Sec. 611. Prohibition of articles using forced labor.

Sec. 612. Forfeiture of slave-made products.

Sec. 613. Special envoy for Nagorno-Karabakh.

Sec. 614. Report to Congress concerning Cuban emigration policies.

Sec. 615. Efforts against emerging infectious diseases.

Sec. 616. Report on firms engaged in export of dual-use items.

Sec. 617. Prohibition on the transfer of arms to Indonesia.

DIVISION B—CONSOLIDATION AND REINVENTION OF FOREIGN

AFFAIRS AGENCIES

Sec. 1001. Short title.

Sec. 1002. Purposes.

TITLE XI—ORGANIZATION OF THE DEPARTMENT OF STATE AND

FOREIGN SERVICE

Sec. 1101. Office of the Secretary of State.

Sec. 1102. Under Secretaries.

Sec. 1103. Assistant Secretaries of State.

Sec. 1104. Other State Department positions.

Sec. 1105. Inspector General for Foreign Affairs.

Sec. 1106. Rates of pay.

Sec. 1107. Repeal of previously created State Department positions.

Sec. 1108. Limitation on personnel strength of the Department of State.

Sec. 1109. Consolidation of United States diplomatic missions and consular

posts.

Sec. 1110. Detail of other agency personnel to State Department.

Sec. 1111. Report on unification of United States and Foreign Commercial

Service and Foreign Agricultural Service within the Foreign

Service.

TITLE XII—UNITED STATES ARMS CONTROL AND DISARMAMENT

AGENCY

Sec. 1201. Abolition of ACDA; references in part.

Sec. 1202. Repeal of positions and offices.

Sec. 1203. Authorities of the Secretary of State.

Sec. 1204. Authorization of appropriations.
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Sec. 1205. Conforming amendments.

Sec. 1206. References in law.

Sec. 1207. Effective date.

TITLE XIII—UNITED STATES INFORMATION AGENCY

Sec. 1301. Abolition.

Sec. 1302. References in law.

Sec. 1303. Amendments to title 5.

Sec. 1304. Amendments to United States Information and Educational Exchange Act of 1948.

Sec. 1305. Amendments to the Mutual Educational and Cultural Exchange Act

of 1961 (Fulbright-Hays Act).

Sec. 1306. International broadcasting activities.

Sec. 1307. Television broadcasting to Cuba.

Sec. 1308. Radio broadcasting to Cuba.

Sec. 1309. National Endowment for Democracy.

Sec. 1310. United States Scholarship Program for developing countries.

Sec. 1311. National Security Education Board.

Sec. 1312. Center for Cultural and Technical Interchange Between North and

South.

Sec. 1313. Center for Cultural and Technical Interchange Between East and

West.

Sec. 1314. Mission of the Department of State.

Sec. 1315. Consolidation of administrative services.

Sec. 1316. Grants.

Sec. 1317. Ban on domestic activities.

Sec. 1318. Conforming repeal to the Arms Control and Disarmament Act.

Sec. 1319. Repeal relating to procurement of legal services.

Sec. 1320. Repeal relating to payment of subsistence expenses.

Sec. 1321. Conforming amendment to the SEED Act.

Sec. 1322. International Cultural and Trade Center Commission.

Sec. 1323. Other laws referenced in Reorganization Plan No. 2 of 1977.

Sec. 1324. Exchange program with countries in transition from totalitarianism

to democracy.

Sec. 1325. Edmund S. Muskie Fellowship Program.

Sec. 1326. Implementation of Convention on Cultural Property.

Sec. 1327. Repeal.

Sec. 1328. United States Advisory Committee for Public Diplomacy.

Sec. 1329. Effective date.

TITLE XIV—AGENCY FOR INTERNATIONAL DEVELOPMENT AND

THE INTERNATIONAL DEVELOPMENT COOPERATION AGENCY

Sec. 1401. Abolitions; references in part.

Sec. 1402. References in the Foreign Assistance Act of 1961.

Sec. 1403. Exercise of functions by the Secretary of State.

Sec. 1404. Repeal of positions; employment and contracting authorities.

Sec. 1405. Development Loan Committee.

Sec. 1406. Development Coordination Committee.

Sec. 1407. Public Law 83–480 Program.

Sec. 1408. Conforming amendments to title 5, United States Code.

Sec. 1409. Trade Promotion Coordinating Committee.

Sec. 1410. Chief Financial Officer.

Sec. 1411. References in law.

Sec. 1412. Effective date.
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TITLE XV—PROPOSED REORGANIZATION OF THE UNITED

NATIONS

Sec. 1501. Sense of Congress regarding United Nations reorganization.

Sec. 1502. Reorganization plan.

TITLE XVI—PLAN FOR REORGANIZATION OF UNITED STATES

EXPORT PROMOTION AND TRADE ACTIVITIES

Sec. 1601. Report.

TITLE XVII—TRANSITION PROVISIONS

Sec. 1701. Transfer of functions.

Sec. 1702. Determination of transferred functions and employees.

Sec. 1703. Reorganization plan for the United States Arms Control and Disarmament Agency.

Sec. 1704. Reorganization plan for the United States Information Agency.

Sec. 1705. Reorganization plan for the Agency for International Development.

Sec. 1706. Additional requirements and limitations on reorganization plans.

Sec. 1707. Amendments or modifications to reorganization plans.

Sec. 1708. Procedures for congressional consideration of reorganization plans.

Sec. 1709. Transition fund.

Sec. 1710. Voluntary separation incentives.

Sec. 1711. Rights of employees of abolished agencies.

Sec. 1712. Transfer and allocations of appropriations and personnel.

Sec. 1713. Personnel authorities for transferred functions.

Sec. 1714. Property and facilities.

Sec. 1715. Delegation and assignment.

Sec. 1716. Rules.

Sec. 1717. Incidental transfers.

Sec. 1718. Effect on contracts and grants.

Sec. 1719. Savings provisions.

Sec. 1720. Separability.

Sec. 1721. Other transition authorities.

Sec. 1722. Additional conforming amendments.

Sec. 1723. Final report.

Sec. 1724. Definitions.

1 DIVISION A—FOREIGN RELA2 TIONS AUTHORIZATION ACT,

3 FISCAL YEARS 1996–1999

4 SEC. 101. SHORT TITLE.

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

6 Authorization Act, Fiscal Years 1996–1999’’.
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1 TITLE I—DEPARTMENT OF

2 STATE AND RELATED AGENCIES

3 CHAPTER 1—AUTHORIZATION OF

4 APPROPRIATIONS

5 SEC. 111. ADMINISTRATION OF FOREIGN AFFAIRS.

6 (a) IN GENERAL.—The following amounts are au7 thorized to be appropriated for the Department of State

8 under the heading ‘‘Administration of Foreign Affairs’’ to

9 carry out the authorities, functions, duties, and respon10 sibilities in the conduct of the foreign affairs of the United

11 States and for other purposes authorized by law, including

12 the diplomatic security program:

13 (1) DIPLOMATIC AND CONSULAR PROGRAMS.—

14 For ‘‘Diplomatic and Consular Programs’’, of the

15 Department of State $1,688,500,000 for the fiscal

16 year 1996, $1,612,000,000 for the fiscal year 1997,

17 $1,867,500,000 for the fiscal year 1998, and

18 $1,856,000,000 for the fiscal year 1999.

19 (2) SALARIES AND EXPENSES.—For ‘‘Salaries

20 and Expenses’’, of the Department of State

21 $368,000,000 for the fiscal year 1996,

22 $373,000,000 for the fiscal year 1997,

23 $725,000,000 for the fiscal year 1998, and

24 $681,500,000 for the fiscal year 1999.
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1 (3) ACQUISITION AND MAINTENANCE OF BUILD2 INGS ABROAD.—For ‘‘Acquisition and Maintenance

3 of Buildings Abroad’’, $401,760,000 for the fiscal

4 year 1996, $401,760,000 for the fiscal year 1997,

5 $401,760,000 for the fiscal year 1998, and

6 $401,760,000 for the fiscal year 1999.

7 (4) REPRESENTATION ALLOWANCES.—For

8 ‘‘Representation Allowances’’, $4,500,000 for the

9 fiscal year 1996, $4,500,000 for the fiscal year

10 1997, $4,500,000 for the fiscal year 1998, and

11 $4,500,000 for the fiscal year 1999.

12 (5) EMERGENCIES IN THE DIPLOMATIC AND

13 CONSULAR SERVICE.—For ‘‘Emergencies in the Dip14 lomatic and Consular Service’’, $6,000,000 for the

15 fiscal year 1996, $6,000,000 for the fiscal year

16 1997, $6,000,000 for the fiscal year 1998, and

17 $6,000,000 for the fiscal year 1999.

18 (6) OFFICE OF THE INSPECTOR GENERAL.—

19 For ‘‘Office of the Inspector General’’, $23,350,000

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

21 year 1997, $48,500,000 for the fiscal year 1998,

22 and $48,500,000 for the fiscal year 1999.

23 (7) FOREIGN SERVICE RETIREMENT AND DIS24 ABILITY FUND.—For the ‘‘Foreign Service Retire25 ment and Disability Fund’’, $125,402,000 for the
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1 fiscal year 1996, $125,402,000 for the fiscal year

2 1997, $132,000,000 for the fiscal year 1998, and

3 $135,000,000 for the fiscal year 1999.

4 (8) PAYMENT TO THE AMERICAN INSTITUTE IN

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

6 in Taiwan’’, $15,400,000 for the fiscal year 1996,

7 $15,400,000 for the fiscal year 1997, $15,400,000

8 for the fiscal year 1998, and $15,400,000 for the

9 fiscal year 1999.

10 (9) PROTECTION OF FOREIGN MISSIONS AND

11 OFFICIALS.—For ‘‘Protection of Foreign Missions

12 and Officials’’, $8,579,000 for the fiscal year 1996,

13 $8,579,000 for the fiscal year 1997, $8,579,000 for

14 the fiscal year 1998, and $8,579,000 for the fiscal

15 year 1999.

16 (10) CAPITAL INVESTMENT FUND.—For the

17 ‘‘Capital Investment Fund’’, $32,800,000 for each

18 of the fiscal years 1996 and 1997 and $25,000,000

19 for each of the fiscal years 1998 and 1999.

20 (11) ASIA FOUNDATION.—For ‘‘The Asia Foun21 dation’’, not more than $5,000,000 for the fiscal

22 year 1996, and $3,000,000 for each of the fiscal

23 years 1997, 1998, and 1999.

24 (12) REPATRIATION LOANS.—For ‘‘Repatri25 ation Loans’’, $776,000 for the fiscal year 1996 and
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1 $700,000 for each of the fiscal years 1997, 1998,

2 and 1999.

3 (b) FOREIGN CURRENCY EXCHANGE RATES.—In ad4 dition to amounts otherwise authorized to be appropriated

5 by subsection (a), there are authorized to be appropriated

6 such sums as may be necessary for each of the fiscal years

7 1996, 1997, 1998, and 1999 to offset adverse fluctuations

8 in foreign currency exchange rates. Amounts appropriated

9 under this subsection shall be available for obligation and

10 expenditure only to the extent that the Director of the Of11 fice of Management and Budget determines and certifies

12 to Congress that such amounts are necessary due to such

13 fluctuations.

14 (c) RESTRICTION ON USE OF FUNDS FOR LIAISON

15 OFFICES WITH NORTH KOREA.—(1) None of the funds

16 authorized to be appropriated by this title may be used

17 for the purpose of establishing, building, renting, main18 taining, leasing, purchasing, or occupying United States

19 offices in the Democratic People’s Republic of Korea or

20 the Democratic People’s Republic of Korea offices in

21 Washington, D.C., unless and until those funds are spe22 cifically authorized by statute.

23 (2) None of the funds authorized to be appropriated

24 by subsection (a)(3) for fiscal year 1996 may be made

25 available until the President certifies to the appropriate
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1 congressional committees that no funds were expended for

2 any activity described in paragraph (1) in fiscal year 1995

3 unless the funds were specifically authorized by statute for

4 such activity.

5 SEC. 112. MIGRATION AND REFUGEE ASSISTANCE.

6 (a) AUTHORIZATION OF APPROPRIATIONS.—

7 (1) MIGRATION AND REFUGEE ASSISTANCE.—

8 There are authorized to be appropriated for ‘‘Migra9 tion and Refugee Assistance’’ for authorized activi10 ties, $721,000,000 for the fiscal year 1996, and

11 $721,000,000 for each of the fiscal years 1997,

12 1998, and 1999.

13 (2) ALLOCATION OF FUNDS.—Of the funds au14 thorized to be appropriated by paragraph (1)—

15 (A) not less than $80,000,000 shall be

16 made available in the fiscal year 1996 for as17 sistance for refugees resettling in Israel from

18 other countries; and

19 (B) not less than $50,000,000 for each of

20 the fiscal years 1996 and 1997 shall be made

21 available for the Emergency Refugee and Mi22 gration Assistance Fund under section 2(c) of

23 the Migration and Refugee Assistance Act of

24 1962 (22 U.S.C. 2601(c)).
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1 (b) AVAILABILITY OF FUNDS.—Funds appropriated

2 pursuant to subsection (a) are authorized to remain until

3 expended.

4 CHAPTER 2—AUTHORITIES AND

5 ACTIVITIES

6 SEC. 121. LEASE-PURCHASE AGREEMENTS.

7 Whenever the Department of State enters into lease8 purchase agreements involving property in foreign coun9 tries pursuant to section 1 of the Foreign Service Build10 ings Act, 1926 (22 U.S.C. 292), budget authority shall

11 be scored on an annual basis over the period of the lease

12 in an amount equal to the annual lease payments.

13 SEC. 122. UNITED STATES EMBASSY BUILDING IN BERLIN,

14 GERMANY.

15 It is the sense of the Congress that the Secretary of

16 State should—

17 (1) utilize, as the United States Embassy to

18 Germany, property held by the United States Gov19 ernment under the Foreign Service Building Act,

20 1926, in the vicinity of the Brandenburg Gate in

21 Berlin, Germany; and

22 (2) be authorized to make any improvements

23 necessary.
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1 SEC. 123. FEES FOR COMMERCIAL SERVICES.

2 Section 52 of the State Department Basic Authorities

3 Act of 1956 (22 U.S.C. 2724) is amended in subsection

4 (b) by adding the following new sentence at the end:

5 ‘‘Such fees shall remain available for obligation until ex6 pended.’’.

7 SEC. 124. REDUCTION OF REPORTING REQUIREMENTS.

8 (a) PERIOD FOR REPORTING.—Section 488(a)(3) of

9 the Foreign Assistance Act of 1961 (22 U.S.C. 2291g)

10 is amended by striking ‘‘quarter of the’’.

11 (b) REPEAL.—Section 503(b) of the Foreign Rela12 tions Authorization Act, Fiscal Year 1979 (Public Law

13 95–426) is repealed.

14 SEC. 125. BUYING POWER MAINTENANCE ACCOUNT.

15 Section 24 of the State Department Basic Authorities

16 Act of 1956 (22 U.S.C. 2696) is amended in subsection

17 (b)(7) by striking subparagraph (D).

18 SEC. 126. CAPITAL INVESTMENT FUND.

19 Section 135 of the Foreign Relations Authorization

20 Act, Fiscal Years 1994 and 1995 (22 U.S.C. 2684a) is

21 amended—

22 (1) in subsection (a), by inserting ‘‘and up23 grade’’ after ‘‘procurement’’;

24 (2) in subsection (c), by striking ‘‘are author25 ized to’’ and inserting ‘‘shall’’;
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1 (3) in subsection (d), by striking all that follows

2 ‘‘available’’ and inserting ‘‘for the purposes of sub3 section (a).’’; and

4 (4) in subsection (e), by striking all that follows

5 ‘‘(22 U.S.C. 2710)’’ and before the period at the

6 end.

7 SEC. 127. ADMINISTRATIVE EXPENSES.

8 Section 5 of the Migration and Refugee Assistance

9 Act of 1962 (22 U.S.C. 2605) is amended—

10 (1) in subsection (a)(1), by inserting before ‘‘,

11 and without regard’’ the following: ‘‘and other per12 sonnel assigned to the bureau charged with carrying

13 out this Act’’; and

14 (2) by striking subsection (c).

15 SEC. 128. FEE FOR USE OF DIPLOMATIC RECEPTION

16 ROOMS.

17 Title I of the State Department Basic Authorities Act

18 of 1956 (22 U.S.C. 2651a et seq.) is amended by adding

19 at the end the following new section:

20 ‘‘SEC. 53. FEE FOR USE OF DIPLOMATIC RECEPTION

21 ROOMS.

22 ‘‘The Secretary of State is authorized to charge a fee

23 for use of the Department of State diplomatic reception

24 rooms. Fees collected under the authority of this section

25 shall be deposited as an offsetting collection to any De-
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1 partment of State appropriation to recover the costs of

2 such use and shall remain available for obligation until

3 expended.’’.

4 SEC. 129. CONTRACTS AT POSTS ABROAD.

5 (a) AVOIDANCE OF DUPLICATIVE PROCUREMENTS.—

6 A contracting officer of an agency of the Federal Govern7 ment that performs functions at diplomatic and consular

8 posts abroad shall, to the maximum extent practicable,

9 avoid entering into a contract for procurement of property

10 or services that can be procured for that agency under

11 an existing contract, or by a modification (in accordance

12 with subsection (b)) of an existing contract, of another

13 agency of the Federal Government that performs func14 tions at diplomatic and consular posts abroad.

15 (b) MODIFICATION OF CONTRACTS.—Notwithstand16 ing any provision of law that requires the use of competi17 tive procedures in Federal Government procurements, a

18 contract of an agency of the Federal Government perform19 ing functions at diplomatic or consular posts abroad that

20 has been awarded using competitive procedures may be

21 modified to increase the quantity of the property or serv22 ices to be procured under the contract in order to provide

23 for procurement of the property or services for another

24 agency performing functions at diplomatic or consular

25 posts abroad if the cost to the United States of each unit
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1 of the property or services procured under the contract

2 is not increased by the modification.

3 (c) DEFINITION.—For the purposes of this section,

4 the term ‘‘competitive procedures’’ has the meaning given

5 that term in section 4(5) of the Office of Federal Procure6 ment Policy Act (41 U.S.C. 403(5)).

7 SEC. 130. EXPENSES RELATING TO CERTAIN INTER8 NATIONAL CLAIMS AND PROCEEDINGS.

9 (a) RECOVERY OF CERTAIN EXPENSES.—The De10 partment of State Appropriation Act of 1937 (49 Stat.

11 1321; 22 U.S.C. 2661), as amended by section 142(b) of

12 the Foreign Relations Authorization Act, Fiscal Years

13 1988 and 1989 (Public Law 100–204)) is amended in the

14 fifth undesignated paragraph under the heading entitled

15 ‘‘INTERNATIONAL FISHERIES COMMISSION’’ by striking

16 ‘‘extraordinary’’.

17 (b) PROCUREMENT OF SERVICES.—Section 38 of the

18 State Department Basic Authorities Act of 1956 (22

19 U.S.C. 2710) is amended in subsection (c) by inserting

20 ‘‘personal and’’ before ‘‘other support services’’.

21 SEC. 131. DIPLOMATIC TELECOMMUNICATIONS SERVICE.

22 Section 507 of the Department of State and Related

23 Agencies Appropriations Act, 1995 (Public Law 103–317)

24 is amended in subsections (a) and (b) by striking ‘‘and

25 each succeeding fiscal year’’ each place it appears.
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1 SEC. 132. DIPLOMATIC TELECOMMUNICATIONS SERVICE

2 PROGRAM OFFICE.

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

4 findings:

5 (1) The Diplomatic Telecommunications Service

6 Program Office (in this section referred to as the

7 ‘‘Office’’) has made significant enhancements to up8 grade the worldwide network of the Diplomatic Tele9 communications Service (in this section referred to

10 as the ‘‘DTS’’) with high speed, high capacity cir11 cuitry as well as improvements at United States em12 bassies and consulates to enhance utilization of the

13 network.

14 (2) Notwithstanding these improvements that

15 the Office has made to the DTS network (in order

16 for the DTS to accommodate present and future

17 telecommunications requirements effectively), the

18 current management structure needs to be strength19 ened to provide a clearly delineated, single, account20 able management authority for the Office and the

21 DTS network.

22 (b) DIPLOMATIC TELECOMMUNICATIONS SERVICE

23 POLICY BOARD.—(1) Effective with fiscal year 1996, the

24 DTS Policy Board shall be composed of the following offi25 cials:
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1 (A) The senior management official from each

2 of the two agencies providing the greatest funding to

3 the Office.

4 (B) The senior information management official

5 from each of the two agencies providing the greatest

6 funding to the Office.

7 (C) The Director and Deputy Director of the

8 Office.

9 (D) A senior career information management

10 official each from the Department of Commerce, the

11 United States Information Agency, and the Defense

12 Intelligence Agency.

13 (E) A senior career information management

14 official each from two other Federal agencies served

15 by the DTS, each of whom shall be appointed on a

16 rotating basis by the Secretary of State and the Di17 rector of the Office for a two-year term.

18 (2) The incumbents from two other Federal agencies

19 serving on the DTS Policy Board as of September 30,

20 1995, shall continue to serve on the Board until Septem21 ber 30, 1996.

22 (c) DTS POLICY BOARD EXECUTIVE DIRECTOR.—

23 (1) DESIGNATION.—The senior career informa24 tion management official from the Department of
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1 State serving on the DTS Policy Board is hereby

2 designated as the Executive Director of the Board.

3 (2) DUTIES.—The DTS Policy Board Executive

4 Director shall—

5 (A) function as the executive agent of the

6 Board;

7 (B) carry out all policies of the Board for

8 administration and operation of the Office and

9 the DTS; and

10 (C) administer the day-to-day operation of

11 the Office through the Director of the Office.

12 (d) DIRECTOR AND DEPUTY DIRECTOR OF THE OF13 FICE.—

14 (1) DIRECTOR OF THE DTS–PO.—The Director

15 of the Office shall be rotated every two years be16 tween the two agencies providing the greatest fund17 ing to the Office. The Director shall report directly

18 to the Executive Director of the DTS Policy Board.

19 (2) DEPUTY DIRECTOR OF THE DTS–PO.—The

20 Deputy Director of the Office shall be from which21 ever of the two agencies providing the greatest fund22 ing to the Office is not currently providing the Di23 rector.

24 (e) PROVISIONS.—The provisions of this section su25 persede any other provision of law, regulation, or policy
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1 addressing or otherwise applicable to the management

2 structures of the Office.

3 SEC. 133. INTERNATIONAL CENTER RESERVE FUNDS.

4 Funds retained by the Secretary of State in the re5 serve for maintenance and security established pursuant

6 to section 5 of the International Center Act (Public Law

7 90–533) may be deposited in interest bearing accounts,

8 and the Secretary may retain for the purposes set forth

9 in that section any interest earned on such deposits with10 out returning such interest to the Treasury of the United

11 States and without further appropriation by the Congress.

12 SEC. 134. JOINT FUNDS UNDER AGREEMENTS FOR CO13 OPERATION IN ENVIRONMENTAL, SCI14 ENTIFIC, CULTURAL AND RELATED AREAS.

15 In order to promote the maximum benefits from con16 tinued participation in international agreements in effect

17 as of the date of enactment of this Act for cooperation

18 in environmental, scientific, cultural and related areas, ap19 propriated funds that have been made available in fiscal

20 years 1995 and prior fiscal years under the Department

21 of State’s program of international environmental, sci22 entific, and cultural cooperation to joint funds or accounts

23 under such agreements may, to the extent specified within

24 the agreement, be deposited in interest bearing accounts

25 prior to disbursement of such funds for the purposes of
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1 the program. Interest earned may be retained for use

2 under such agreements for program or administrative pur3 poses, without returning such interest to the Treasury of

4 the United States and without further appropriation by

5 Congress.

6 SEC. 135. UNITED STATES DIPLOMATIC FACILITIES IN

7 KOSOVA.

8 The Secretary of State is authorized to lease or other9 wise acquire an office and residence in Pristina, Kosova,

10 for use by United States diplomatic or consular personnel.

11 SEC. 136. ANTIBRIBERY STUDY.

12 (a) FINDINGS.—The Congress finds that—

13 (1) United States nationals and companies, and

14 their foreign subsidiaries, are prohibited from

15 bribing foreign officials under the Foreign Corrupt

16 Practices Act of 1977 (Public Law 95–213);

17 (2) United States trade competitors and nation18 als of other industrialized countries are not prohib19 ited by law from utilizing bribes in retaining or ob20 taining foreign procurement contracts;

21 (3) some countries permit a deduction for in22 come tax purposes for bribes paid to secure foreign

23 business;

24 (4) effective anticorruption statutes include

25 criminal, commercial, civil, and administrative laws
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1 prohibiting bribery of foreign public officials, tax

2 laws which make bribery unprofitable, transparent

3 business accounting requirements that ensure proper

4 recording of relevant payments and appropriate in5 spection of such records, prohibitions on licenses,

6 government procurement contracts, and public sub7 sidies, and substantial monetary fines for bribery;

8 (5) the Organization for Economic Cooperation

9 and Development passed a resolution on May 27,

10 1994, recommending that OECD Member states

11 ‘‘deter, prevent, and combat the bribery of foreign

12 public officials in connection with international busi13 ness transactions’’; and

14 (6) these initiatives will help strengthen vibrant

15 international trade and export markets and ensure

16 fair competitive conditions for United States export17 ers.

18 (b) SENSE OF CONGRESS.—It is the sense of the

19 Congress that the United States should strongly urge uni20 versal adoption of the principles set forth in the Foreign

21 Corrupt Practices Act of 1977 (Public Law 95–213) in

22 order that adopting countries implement effective means,

23 in accordance with the legal and jurisdictional principles

24 of such countries, of combating bribery of foreign public
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1 officials, including the imposition of administrative, civil,

2 and criminal sanctions for such bribery.

3 (c) STUDY.—The Secretary of State shall conduct a

4 study to develop, in consultation with the Secretary of

5 Commerce, the Director of the Central Intelligence Agen6 cy, the Agency for International Development, the Over7 seas Private Investment Corporation, the Trade and De8 velopment Agency, and the Export-Import Bank of the

9 United States, proposals to end the discrimination against

10 United States exports that result from bribery and corrup11 tion in international business transactions.

12 (d) REPORT.—The Secretary of State shall submit a

13 report containing the proposals developed under sub14 section (c) to the Committee on Foreign Relations of the

15 Senate and the Committee on International Relations of

16 the House of Representatives not later than 90 days after

17 the date of enactment of this Act. The report and propos18 als provided to such committees shall—

19 (1) take into account, discuss, and analyze the

20 laws of our ten primary trade competitors which

21 govern bribery and corruption in overseas business

22 transactions, and include recommendations for the

23 implementation of the resolution on bribery passed

24 by the Organization for Economic Cooperation and

25 Development on May 27, 1994;
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1 (2) include specific recommendations for the

2 universal adoption of the principles set forth in the

3 Foreign Corrupt Practices Act of 1977 (Public Law

4 95–213);

5 (3) analyze the feasibility of United States em6 bassies assisting United States businesses when

7 competing for overseas contracts by disclosing infor8 mation about bribery or corruption of other foreign

9 nationals competing for the contract; and

10 (4) make recommendations for any legislation

11 which may be necessary or appropriate to carry out

12 such proposals.

13 (e) DEFINITION.—For the purposes of this section,

14 the term ‘‘bribery’’, in the case of a corporation, means

15 the direct or indirect offer or provision by the corporation

16 of any undue pecuniary or other advantage to or for an

17 individual in order to procure business and business con18 tract for the corporation or its subsidiaries.

19 SEC. 137. BUDGET ACT COMPLIANCE.

20 The authorities contained in the amendments made

21 in sections 121, 123, 125, 128, 130, 133, 134, 148, 161,

22 and 163 of this Act may be exercised only to the extent

23 or in the amounts provided in appropriations Acts.
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1 CHAPTER 3—PERSONNEL

2 SEC. 141. AUTHORIZED STRENGTH OF THE FOREIGN

3 SERVICE.

4 (a) END FISCAL YEAR 1996 LEVELS.—The number

5 of members of the Foreign Service authorized to be em6 ployed as of September 30, 1996—

7 (1) for the Department of State, shall not ex8 ceed 8,700, of whom not more than 740 shall be

9 members of the Senior Foreign Service;

10 (2) for the United States Information Agency,

11 shall not exceed 900, of whom not more than 155

12 shall be members of the Senior Foreign Service; and

13 (3) for the Agency for International Develop14 ment, shall not exceed 900, of whom not more than

15 125 shall be members of the Senior Foreign Service.

16 (b) END FISCAL YEAR 1997 LEVELS.—The number

17 of members of the Foreign Service authorized to be em18 ployed as of September 30, 1997—

19 (1) for the Department of State, shall not ex20 ceed 8,500, of whom not more than 700 shall be

21 members of the Senior Foreign Service;

22 (2) for the United States Information Agency,

23 shall not exceed 800, of whom not more than 140

24 shall be members of the Senior Foreign Service; and
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1 (3) for the Agency for International Develop2 ment, shall not exceed 650, of whom not more than

3 75 shall be members of the Senior Foreign Service.

4 (c) END FISCAL YEAR 1998 LEVELS.—The number

5 of members of the Foreign Service authorized to be em6 ployed as of September 30, 1998 for the Department of

7 State, shall not exceed 10,150, of whom not more than

8 925 shall be members of the Senior Foreign Service.

9 (d) END FISCAL YEAR 1999 LEVELS.—The number

10 of members of the Foreign Service authorized to be em11 ployed as of September 30, 1999 for the Department of

12 State, shall not exceed 10,250, of whom not more than

13 935 shall be members of the Senior Foreign Service.

14 (e) DEFINITION.—For the purposes of this section,

15 the term ‘‘members of the Foreign Service’’ is used within

16 the meaning of such term under section 103 of the For17 eign Service Act of 1980 (22 U.S.C 3903), except that

18 such term does not include—

19 (1) members of the Service under paragraphs

20 (6) and (7) of such section;

21 (2) members of the Service serving under tem22 porary resident appointments abroad;

23 (3) members of the Service employed on less

24 than a full-time basis;
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1 (4) members of the Service subject to involun2 tary separation in cases in which such separation

3 has been suspended pursuant to section 1106(8) of

4 the Foreign Service Act of 1980; and

5 (5) members of the Service serving under non6 career limited appointments.

7 (f) EXCEPTIONS.—(1)(A) Except as provided in sub8 paragraph (B), the numerical limitations contained in sub9 sections (a) through (c) shall not apply to Foreign Service

10 personnel serving under noncareer limited appointments.

11 (B) The number of Foreign Service personnel serving

12 under noncareer limited appointments may not exceed—

13 (i) for fiscal year 1996, 5 percent of the aggre14 gate numerical limitation on members of the Foreign

15 Service contained in subsection (a); and

16 (ii) for each of the fiscal years 1997, 1998, and

17 1999, 7 percent of the aggregate numerical limita18 tion on members of the Foreign Service contained in

19 subsection (a).

20 (2) The Secretary of State is encouraged to utilize

21 Foreign Service personnel serving under noncareer limited

22 appointments to perform duties relating to—

23 (A) export promotion and trade;

24 (B) information management systems; and

25 (C) the provision of medical services.
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1 (3) Notwithstanding any other provision of law, the

2 Secretary of State may terminate the appointment of any

3 member of the Foreign Service serving under a noncareer

4 limited appointment before the expiration of the period of

5 the appointment.

6 SEC. 142. RESTRICTION ON LOBBYING ACTIVITIES OF

7 FORMER UNITED STATES CHIEFS OF MIS8 SION.

9 Section 207(d)(1) of title 18, United States Code, is

10 amended—

11 (1) by striking ‘‘or’’ at the end of subparagraph

12 (B);

13 (2) in subparagraph (C), by inserting ‘‘or’’ after

14 ‘‘title 3,’’; and

15 (3) by inserting after subparagraph (C) the fol16 lowing new subparagraph:

17 ‘‘(D) serves in the position of chief of mis18 sion (as defined in section 102(3) of the For19 eign Service Act of 1980),’’.

20 SEC. 143. FOREIGN SERVICE GROUNDING IN UNITED

21 STATES BUSINESS.

22 It is the sense of the Congress that the Secretary of

23 State, in consultation with the Secretary of Commerce,

24 should require the National Center for Humanities, Edu25 cation, Languages, and Management Studies, as redesig-
30

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1 nated by section 152 of this Act, to significantly increase

2 the emphasis on commercial activity, export promotion,

3 and trade in carrying out its core programs and should

4 offer additional classes in such subjects.

5 SEC. 144. FOREIGN AFFAIRS ADMINISTRATIVE SUPPORT.

6 (a) AUTHORIZATION.—The Secretary of State, after

7 consulting with the heads of the other United States Gov8 ernment agencies maintaining personnel overseas, is au9 thorized to establish a financial system by which the De10 partment of State is reimbursed by other agencies of the

11 United States Government that maintain an overseas

12 presence for the incremental expenses incurred by the De13 partment in providing administrative support to such

14 agencies at United States posts abroad.

15 (b) ESTABLISHMENT OF A COMMITTEE.—The Presi16 dent shall establish an interagency committee consisting

17 of representatives from United States Government agen18 cies maintaining a significant number of personnel over19 seas and headed by the Secretary of State, for the purpose

20 of implementing subsection (a). The committee shall de21 velop rules and regulations governing—

22 (1) a dispute settlement mechanism to resolve

23 interagency disputes over the provision of adminis24 trative services at posts abroad and over reimburse25 ment levels; and
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1 (2) formulas for cost-assessment formulation,

2 either on a per capita basis or on a fee-for-service

3 basis with the following principle: all direct and indi4 rect costs should be fully recovered by the Depart5 ment, including services such as the Community Li6 aison Officer, building operating expenses and local

7 guards, and such other expenses as the committee

8 determines necessary to be covered.

9 (c) WORKING CAPITAL FUND.—There is hereby es10 tablished on the books at the Treasury an account into

11 which the Secretary of State may deposit payments re12 ceived from any United States agency participating in the

13 financial system established under subsection (a).

14 Amounts in the account shall be available without fiscal

15 year limitation.

16 SEC. 145. FOREIGN SERVICE REFORM.

17 (a) APPOINTMENTS BY THE PRESIDENT.—Section

18 302(b) of the Foreign Service Act of 1980 (22 U.S.C.

19 3942(b)) is amended in the second sentence—

20 (1) by striking ‘‘may elect to’’ and inserting

21 ‘‘shall’’; and

22 (2) by striking ‘‘Service,’’ and all that follows

23 and inserting ‘‘Service.’’.

24 (b) PERFORMANCE PAY.—Section 405 of the Foreign

25 Service Act of 1980 (22 U.S.C. 3965) is amended—
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1 (1) in subsection (a), by striking ‘‘Members’’

2 and inserting ‘‘Subject to subsection (e), members’’;

3 and

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

6 ‘‘(e) Notwithstanding any other provision of law, the

7 Secretary of State may provide for recognition of the meri8 torious or distinguished service of a member of the For9 eign Service described in subsection (a) (including mem10 bers of the Senior Foreign Service) by means other than

11 an award of performance pay in lieu of making such an

12 award under this section.’’.

13 (c) EXPEDITED SEPARATION OUT.—The Secretary

14 of State shall develop and implement not later than 90

15 days after the date of enactment of this Act procedures

16 to identify, and recommend for separation, members of the

17 Foreign Service ranked by promotion boards in the bottom

18 five percent of their class for any two of the five preceding

19 years.

20 (d) UNIFORM ADMINISTRATION OF THE FOREIGN

21 SERVICE.—(1) Section 101(b)(9) of the Foreign Service

22 Act of 1980 (22 U.S.C. 3901(b)(9)) is amended to read

23 as follows:

24 ‘‘(9) establishing a consolidated and uniform

25 administration of a single Foreign Service of the
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1 United States by the Director General of the For2 eign Service, under the direction of the President

3 and the Secretary of State; and’’.

4 (2) Section 203(a) of the Foreign Service Act of 1980

5 (22 U.S.C. 3923(a)) is amended by amending the first

6 sentence to read as follows: ‘‘There is one Foreign Service,

7 and any agency that seeks to utilize the authorities of the

8 Foreign Service Act of 1980 shall do so in strict conform9 ance with the common standards and procedures set out

10 by the Director General of the Foreign Service under the

11 authority of the Secretary of State.’’.

12 SEC. 146. LIMITATIONS ON MANAGEMENT ASSIGNMENTS.

13 Section 1017(e)(2) of the Foreign Service Act of

14 1980 (22 U.S.C. 4117(e)(2)) is amended to read as fol15 lows:

16 ‘‘(2) For the purposes of paragraph (1)(A)(ii) and

17 paragraph (1)(B), the term ‘management official’ does not

18 include chiefs of mission, principal officers or their depu19 ties, administrative and personnel officers abroad, or indi20 viduals described in section 1002(12) (B), (C), and (D)

21 who are not involved in the administration of this chapter

22 or in the formulation of the personnel policies and pro23 grams of the Department.’’.
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1 SEC. 147. REPORT ON PROMOTION AND RETENTION OF

2 PERSONNEL.

3 Section 601(c)(4) of the Foreign Service Act of 1980

4 (22 U.S.C. 4001(c)(4)) is amended—

5 (1) by striking ‘‘and’’ at the end of subpara6 graph (B);

7 (2) by striking the period at the end of sub8 paragraph (C) and inserting ‘‘; and’’; and

9 (3) by adding at the end the following new sub10 paragraph:

11 ‘‘(D) include on a biannual basis the comments

12 of the Inspector General for Foreign Affairs with re13 spect to the adequacy of the report on the matters

14 described in this paragraph.’’.

15 SEC. 148. RECOVERY OF COSTS OF HEALTH CARE SERV16 ICES.

17 (a) AUTHORITIES.—Section 904 of the Foreign Serv18 ice Act of 1980 (22 U.S.C. 4084) is amended—

19 (1) in subsection (a), by striking ‘‘and’’ before

20 ‘‘members of the families of such members and em21 ployees’’ and inserting before the period ‘‘, and (for

22 care provided abroad) such other persons as are des23 ignated by the Secretary of State, except that such

24 persons shall be considered persons other than cov25 ered beneficiaries for purposes of subsections (g)

26 and (h)’’;
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1 (2) in subsection (d), by inserting ‘‘, subject to

2 the provisions of subsections (g) and (h)’’ before the

3 period; and

4 (3) by adding at the end the following new sub5 sections:

6 ‘‘(g)(1) In the case of a person who is a covered bene7 ficiary, the Secretary of State is authorized to collect from

8 a third party payer the reasonable costs incurred by the

9 Department of State on behalf of such person for health

10 care services to the same extent that the covered bene11 ficiary would be eligible to receive reimbursement or in12 demnification from the third party payer for such costs.

13 ‘‘(2) If the insurance policy, plan, contract, or similar

14 agreement of that third party payer includes a require15 ment for a deductible or copayment by the beneficiary of

16 the plan, then the Secretary of State may collect from the

17 third party payer only the reasonable cost of the care pro18 vided less the deductible or copayment amount.

19 ‘‘(3) A covered beneficiary shall not be required to

20 pay any deductible or copayment for health care services

21 under this subsection.

22 ‘‘(4) No provision of any insurance, medical service,

23 or health plan contract or agreement having the effect of

24 excluding from coverage or limiting payment of charges

25 for care in the following circumstances shall operate to
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1 prevent collection by the Secretary of State under para2 graph (1):

3 ‘‘(A) Care provided directly or indirectly by a

4 governmental entity.

5 ‘‘(B) Care provided to an individual who has

6 not paid a required deductible or copayment.

7 ‘‘(C) Care provided by a provider with which

8 the third party payer has no participation agree9 ment.

10 ‘‘(5) No law of any State, or of any political subdivi11 sion of a State, and no provision of any contract or agree12 ment, shall operate to prevent or hinder recovery or collec13 tion by the United States under this section.

14 ‘‘(6) As to the authority provided in paragraph (1)

15 of this subsection—

16 ‘‘(A) the United States shall be subrogated to

17 any right or claim that the covered beneficiary may

18 have against a third party payer;

19 ‘‘(B) the United States may institute and pros20 ecute legal proceedings against a third party payer

21 to enforce a right of the United States under this

22 subsection; and

23 ‘‘(C) the Secretary may compromise, settle, or

24 waive a claim of the United States under this sub25 section.
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1 ‘‘(7) The Secretary shall prescribe regulations for the

2 administration of this subsection and subsection (h). Such

3 regulations shall provide for computation of the reasonable

4 cost of health care services.

5 ‘‘(8) Regulations prescribed under this subsection

6 shall provide that medical records of a covered beneficiary

7 receiving health care under this subsection shall be made

8 available for inspection and review by representatives of

9 the payer from which collection by the United States is

10 sought for the sole purposes of permitting the third party

11 to verify—

12 ‘‘(A) that the care or services for which recov13 ery or collection is sought were furnished to the cov14 ered beneficiary; and

15 ‘‘(B) that the provision of such care or services

16 to the covered beneficiary meets criteria generally

17 applicable under the health plan contract involved,

18 except that this subsection shall be subject to the

19 provisions of paragraphs (2) and (4).

20 ‘‘(9) Amounts collected under this subsection or

21 under subsection (h) from a third party payer or from any

22 other payer shall be deposited as an offsetting collection

23 to any Department of State appropriation and shall re24 main available until expended.

25 ‘‘(10) In this section:
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1 ‘‘(A) The term ‘covered beneficiary’ means an

2 individual eligible to receive health care under this

3 section whose health care costs are to be paid by a

4 third party payer under a contractual agreement

5 with such payer.

6 ‘‘(B) The term ‘services’ as used in ‘health care

7 services’ includes products.

8 ‘‘(C) The term ‘third party payer’ means an en9 tity that provides a fee-for-service insurance policy,

10 contract or similar agreement through the Federal

11 Employees Health Benefit program, under which the

12 expenses of health care services for individuals are

13 paid.

14 ‘‘(h) In the case of a person, other than a covered

15 beneficiary, who receives health care services pursuant to

16 this section, the Secretary of State is authorized to collect

17 from such person the reasonable costs of health care serv18 ices incurred by the Department of State on behalf of such

19 person. The United States shall have the same rights

20 against persons subject to the provisions of this subsection

21 as against third party payers covered by subsection (g).’’.

22 (b) EFFECTIVE DATE.—The authorities of this sec23 tion shall be effective beginning October 1, 1996.

24 SEC. 149. NONOVERTIME DIFFERENTIAL PAY.

25 Title 5 of the United States Code is amended—
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1 (1) in section 5544(a), by inserting after the

2 fourth sentence the following new sentence: ‘‘For

3 employees serving outside the United States in areas

4 where Sunday is a routine workday and another day

5 of the week is officially recognized as the day of rest

6 and worship, the Secretary of State may designate

7 the officially recognized day of rest and worship as

8 the day with respect to which additional pay is au9 thorized by the preceding sentence.’’; and

10 (2) at the end of section 5546(a), by adding the

11 following new sentence: ‘‘For employees serving out12 side the United States in areas where Sunday is a

13 routine workday and another day of the week is offi14 cially recognized as the day of rest and worship, the

15 Secretary of State may designate the officially recog16 nized day of rest and worship as the day with re17 spect to which additional pay is authorized by the

18 preceding sentence.’’.

19 SEC. 150. ACCESS TO RECORDS.

20 Section 1108 of the Foreign Service Act of 1980 (22

21 U.S.C. 4138) is amended by adding at the end the follow22 ing new subsection:

23 ‘‘(f) As used in this section, the term ‘‘agency

24 records’’ does not include records created or maintained

25 by the Office of the Inspector General of the employing
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1 agency. That Office may, in its discretion, provide the

2 Board records or information relevant to a grievance.’’.

3 SEC. 151. TRAINING.

4 Section 701 of the Foreign Service Act of 1980 (22

5 U.S.C. 4021) is amended—

6 (1) by redesignating subsection (d)(4) as sub7 section (g); and

8 (2) by inserting after subsection (d)(3) the fol9 lowing new subsections:

10 ‘‘(e)(1) The Secretary is authorized to provide appro11 priate training through the institution to employees of

12 United States companies that are engaged in business

13 abroad, and to the families of such employees, when such

14 training is in the national interest of the United States.

15 ‘‘(2) In the case of companies that are under contract

16 to provide services to the Department of State, the Sec17 retary is authorized to provide job-related training to the

18 companies’ employees who are performing such services.

19 ‘‘(3) Training under this subsection shall be on a re20 imbursable or advance-of-funds basis. Such reimburse21 ments or advances shall be credited to the currently avail22 able applicable appropriation account.

23 ‘‘(4) Training under this subsection is authorized

24 only to the extent that it will not interfere with the institu25 tion’s primary mission of training employees of the De-
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1 partment and of other agencies in the field of foreign rela2 tions.

3 ‘‘(f)(1) The Secretary is authorized to provide on a

4 reimbursable basis foreign language training programs to

5 Members of Congress.

6 ‘‘(2) Nonexecutive branch staff members may partici7 pate on reimbursable, space-available basis in foreign lan8 guage programs offered by the institution.

9 ‘‘(3) Reimbursements collected under this subsection

10 shall be credited to the currently available applicable ap11 propriation account.’’.

12 SEC. 152. REDESIGNATION OF NATIONAL FOREIGN AFFAIRS

13 TRAINING CENTER.

14 The National Foreign Affairs Training Center is

15 hereby redesignated as the ‘‘National Center for Human16 ities, Education, Languages, and Management Studies’’.

17 CHAPTER 4—CONSULAR AND RELATED

18 ACTIVITIES

19 SEC. 161. FEE FOR DIVERSITY IMMIGRANT LOTTERY.

20 The Secretary of State may establish a fee to be paid

21 by each immigrant issued a visa under subsection (c) of

22 section 203 of the Immigration and Nationality Act (8

23 U.S.C. 1153(c)). Such fee may be set at a level so as to

24 cover the full cost to the Department of State of admin25 istering that subsection, including the cost of processing
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1 all applications thereunder. All such fees collected shall be

2 deposited as an offsetting collection to any Department

3 of State appropriation and shall remain available for obli4 gation until expended. The provisions of the Act of August

5 18, 1856 (Rev. Stat. 1726–28; 22 U.S.C. 4212–14), con6 cerning accounting for consular fees, shall not apply to

7 fees collected pursuant to this section.

8 SEC. 162. FEE FOR EXECUTION OF PASSPORT APPLICA9 TIONS.

10 Section 1 of the Act of June 4, 1920 (41 Stat. 750;

11 22 U.S.C. 214) is amended by—

12 (1) inserting before the period at the end of the

13 first sentence the following: ‘‘; except that the Sec14 retary of State may by regulation authorize State of15 ficials or the United States Postal Service to collect

16 and retain the execution fee for each application for

17 a passport accepted by such officials or by that

18 Service’’; and

19 (2) striking the second sentence.

20 SEC. 163. FEES FOR MACHINE READABLE VISAS.

21 The Secretary of State is authorized to collect

22 amounts under paragraph (1) of section 140(a) of the

23 Foreign Relations Authorization Act, Fiscal Years 1994

24 and 1995 (Public Law 103–236; 8 U.S.C. 1351), not to
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1 exceed $150,000,000 for each of the fiscal years 1996,

2 1997, 1998, and 1999.

3 SEC. 164. CHILDREN ADOPTED ABROAD.

4 Section 101(b) of the Immigration and Nationality

5 Act (8 U.S.C. 1101(b)) is amended—

6 (1) in paragraph (1)(A), by striking ‘‘legitimate

7 child’’ and inserting ‘‘child born in wedlock’’; and

8 (2) in paragraphs (1)(D) and (2), by striking

9 ‘‘an illegitimate child’’ each time it appears and in10 serting ‘‘a child born out of wedlock’’.

11 SEC. 165. CONSULAR OFFICERS.

12 (a) PERSONS AUTHORIZED TO ISSUE REPORTS OF

13 BIRTHS ABROAD.—Section 33 of the State Department

14 Basic Authorities Act of 1956 (22 U.S.C. 2705) is amend15 ed in paragraph (2) by adding at the end the following:

16 ‘‘For purposes of this paragraph, a consular officer shall

17 include any United States citizen employee of the Depart18 ment of State designated by the Secretary of State to ad19 judicate nationality abroad pursuant to such regulations

20 as the Secretary may prescribe.’’.

21 (b) PROVISIONS APPLICABLE TO CONSULAR OFFI22 CERS.—Section 31 of the Act of August 18, 1856 (Rev.

23 Stat. 1689; 22 U.S.C. 4191), is amended by inserting

24 after ‘‘such officers’’ the following: ‘‘and to such other

25 United States citizen employees of the Department of
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1 State as may be designated by the Secretary of State pur2 suant to such regulations as the Secretary may prescribe’’.

3 (c) PERSONS AUTHORIZED TO AUTHENTICATE FOR4 EIGN DOCUMENTS.—Section 3492(c) of title 18 of the

5 United States Code is amended by adding at the end the

6 following: ‘‘For purposes of this section and sections 3493

7 through 3496 of this title, a consular officer shall include

8 any United States citizen employee of the Department of

9 State designated to perform notarial functions pursuant

10 to section 24 of the Act of August 18, 1856 (Rev. Stat.

11 1750; 22 U.S.C. 4221).’’.

12 (d) PERSONS AUTHORIZED TO ADMINISTER

13 OATHS.—Section 115 of title 35 of the United States

14 Code is amended by adding at the end the following: ‘‘For

15 purposes of this section, a consular officer shall include

16 any United States citizen employee of the Department of

17 State designated to perform notarial functions pursuant

18 to section 24 of the Act of August 18, 1856 (Rev. Stat.

19 1750; 22 U.S.C. 4221).’’.

20 (e) DEFINITION OF CONSULAR OFFICER.—Section

21 101(a)(9) of the Immigration and Nationality Act (8

22 U.S.C. 1101(a)(9)) is amended by adding at the end the

23 following new sentence: ‘‘As used in title III, the term

24 ‘‘consular officer’’ includes any United States citizen em25 ployee of the Department of State designated by the Sec-
45

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1 retary of State to adjudicate nationality abroad pursuant

2 to such regulations as the Secretary may prescribe.’’.

3 SEC. 166. EXCLUSION FROM THE UNITED STATES FOR MEM4 BERSHIP IN A TERRORIST ORGANIZATION.

5 Section 212(a)(3)(B) of the Immigration and Nation6 ality Act (8 U.S.C. 1182(a)(3)(B)) is amended—

7 (1) by striking ‘‘or’’ at the end of clause (i)(I);

8 (2) by inserting ‘‘or’’ at the end of clause

9 (i)(II);

10 (3) by inserting after clause (i)(II) the following

11 new subclause:

12 ‘‘(III) is a member of a terrorist

13 organization or who actively supports

14 or advocates terrorist activity,’’; and

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

16 clause:

17 ‘‘(iv) TERRORIST ORGANIZATION DE18 FINED.—As used in this subparagraph, the

19 term ‘terrorist organization’ means an or20 ganization that engages in, or has engaged

21 in, terrorist activity as determined by the

22 Attorney General, in consultation with the

23 Secretary of State.’’.
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1 SEC. 167. INCITEMENT AS A BASIS FOR EXCLUSION FROM

2 THE UNITED STATES.

3 (a) IN GENERAL.—Section 212(a)(3)(B) of the Im4 migration and Nationality Act (8 U.S.C. 1182(a)(3)(B)),

5 as amended by this Act, is further amended—

6 (1) by striking ‘‘or’’ at the end of clause (i)(II);

7 (2) in clause (i)(III) by inserting ‘‘or’’ at the

8 end; and

9 (3) by inserting after clause (i)(III) the follow10 ing new subclause:

11 ‘‘(IV) has advocated terrorism or has

12 incited targeted racial vilification or has

13 advocated the death or destruction of Unit14 ed States citizens, United States Govern15 ment officials, or the overthrow of the

16 United States Government,’’.

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

18 subsection (a) shall apply to aliens seeking to enter the

19 United States on or after the date of enactment of this

20 Act.

21 SEC. 168. EXCLUSION FROM THE UNITED STATES OF

22 ALIENS WHO HAVE CONFISCATED PROPERTY

23 CLAIMED BY UNITED STATES PERSONS.

24 (a) ADDITIONAL GROUNDS FOR EXCLUSION.—Sec25 tion 212(a)(9) of the Immigration and Nationality Act (8
47

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1 U.S.C. 1182(a)) is amended by adding at the end the fol2 lowing:

3 ‘‘(D) ALIENS WHO HAVE CONFISCATED

4 AMERICAN PROPERTY ABROAD AND RELATED

5 PERSONS.—(i) Any alien whom the Secretary of

6 State determines is a person who—

7 ‘‘(I) has confiscated, or has directed

8 or overseen the confiscation of, property

9 which is owned by a national of the United

10 States, or converts or has converted for

11 personal gain confiscated property which is

12 owned by a national of the United States,

13 or

14 ‘‘(II) traffics in confiscated property

15 which is owned by a national of the United

16 States,

17 is excludable.

18 ‘‘(ii) As used in this subparagraph:

19 ‘‘(I) CONFISCATED.—The term ‘con20 fiscated’ refers to the nationalization, ex21 propriation, or other seizure by govern22 mental authority of ownership or control of

23 property on or after January 1, 1959—

24 ‘‘(aa) without having returned

25 the property or provided adequate and
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1 effective compensation or in violation

2 of the law of the place where the

3 property was situated when the

4 confiscation occurred; and

5 ‘‘(bb) without the claim to the

6 property having been settled pursuant

7 to an international claims settlement

8 agreement or other recognized settle9 ment procedure.

10 ‘‘(II) PROPERTY.—The term ‘prop11 erty’ means—

12 ‘‘(aa) any rights, security, or

13 other interest, including any leasehold

14 interest;

15 ‘‘(bb) debts owed or repudiated

16 by a foreign government or by any en17 terprise which has been confiscated by

18 a foreign government; and

19 ‘‘(cc) debts which are a charge on

20 property confiscated by a foreign gov21 ernment.

22 The term ‘property’ does not include de23 fault by a foreign government on securi24 ties, bonds, or other instruments issued by

25 that foreign government, unless those obli-
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1 gations were incurred in settlement of a

2 confiscated property claim.

3 ‘‘(III) TRAFFIC.—The term ‘traffic’

4 means—

5 ‘‘(aa) to sell, transfer, distribute,

6 dispense, broker, manage, or other7 wise dispose of confiscated property,

8 or otherwise acquire an interest in

9 confiscated property, or

10 ‘‘(bb) to engage in a commercial

11 activity using or otherwise benefiting

12 from a confiscated property,

13 without the authorization of the national of

14 the United States who holds a claim to the

15 property.

16 ‘‘(iii) This subparagraph shall be construed

17 and applied consistent with the North American

18 Free Trade Agreement, the General Agreement

19 on Tariffs and Trade, and other applicable

20 international agreements.

21 ‘‘(iv) This subparagraph shall not apply—

22 ‘‘(I) to claims arising from territory in

23 dispute as a result of war between United

24 Nations member states in which the ulti-
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1 mate resolution of the disputed territory

2 has not been resolved; or

3 ‘‘(II) where the Secretary of State

4 deems that making such a determination

5 would be contrary to the national interest

6 of the United States.’’.

7 (b) EFFECTIVE DATE.—(1) The amendment made by

8 subsection (a) shall apply to aliens seeking to enter the

9 United States on or after the date of enactment of this

10 Act.

11 (2) Section 212(a)(9)(D)(II) of the Immigration and

12 Nationality Act shall apply only where the prohibited ac13 tivities have occurred on or after the date of enactment

14 of this Act.

15 SEC. 169. VISIT OF THE PRESIDENT OF THE REPUBLIC OF

16 CHINA ON TAIWAN.

17 Notwithstanding any other provision of law, the

18 President of the Republic of China on Taiwan shall be

19 admitted to the United States for a visit in 1995 with

20 all appropriate courtesies.

21 SEC. 170. TERRORIST LOOKOUT COMMITTEES.

22 (a) ESTABLISHMENT.—(1) Not later than 30 days

23 after the date of enactment of this Act, the Secretary of

24 State shall establish within each United States Embassy

25 a Terrorist Lookout Committee, which shall include the
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1 head of the political section and senior representatives of

2 all United States law enforcement agencies and all ele3 ments of the intelligence community under the authority

4 of the chief of mission.

5 (2) Each Committee shall be chaired by the respective

6 deputy chief of mission, with the head of the consular sec7 tion as vice chair.

8 (b) MEETINGS.—Each Terrorist Lookout Committee

9 established under subsection (a) shall meet at least month10 ly and shall maintain records of its meetings. Upon the

11 completion of each meeting, each Committee shall report

12 to the Department of State all names submitted for inclu13 sion in the visa lookout system.

14 (c) CERTIFICATION.—If no names are submitted

15 upon completion of a meeting under subsection (b), the

16 deputy chief of mission shall certify to the Secretary of

17 State, subject to potential application the Accountability

18 Review Board provisions of title III of the Omnibus Diplo19 matic Security and Antiterrorism Act of 1986, that none

20 of the relevant sections of the United States Embassy had

21 knowledge of the identity of any individual eligible for in22 clusion in the visa lookout system for possible terrorist ac23 tivity.

24 (d) REPORT.—The Secretary of State shall submit a

25 report on a quarterly basis to the Committee on Foreign
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1 Relations of the Senate and the Committee on Inter2 national Relations of the House of Representatives on the

3 status of the Terrorist Lookout Committees.

4 SEC. 171. SENSE OF CONGRESS ON BORDER CROSSING

5 FEES.

6 (a) FINDINGS.—The Congress finds that—

7 (1) in the budget of the United States for fiscal

8 year 1996 that was submitted to Congress, the

9 President proposed to impose and collect a border

10 crossing fee for individuals and vehicles entering the

11 United States;

12 (2) both the Canadian and Mexican govern13 ments have expressed opposition to the imposition

14 and collection of such a fee and have raised the pos15 sibility of imposing retaliatory border crossing fees

16 of their own;

17 (3) the imposition and collection of such a fee

18 would have adverse affects on tourism and commerce

19 that depend on travel across the borders of the Unit20 ed States;

21 (4) the imposition and collection of such a fee

22 would have such effects without addressing illegal

23 immigration in a meaningful way;

24 (5) on February 22, 1995, the President modi25 fied his proposal making the imposition of the new
53

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1 fees voluntary on United States border States (but

2 tied the availability of Federal funds to improve bor3 der crossing infrastructure on their willingness to

4 impose such fees); and

5 (6) on May 4, 1995, the President further

6 modified the border crossing fee proposal in immi7 gration control legislation he submitted to Congress

8 setting a $1.50 per car and $.75 per pedestrian fee

9 structure.

10 (b) SENSE OF THE CONGRESS.—It is the sense of

11 the Congress that the United States Government should

12 not impose or collect a border crossing fee along its bor13 ders with Canada and Mexico.

14 TITLE II—UNITED NATIONS

15 CHAPTER 1—FUNDING; BUDGETARY AND

16 MANAGEMENT REFORM

17 SEC. 201. ASSESSED CONTRIBUTIONS TO THE UNITED NA18 TIONS AND AFFILIATED AGENCIES.

19 There are authorized to be appropriated under the

20 heading ‘‘Assessed Contributions to the United Nations

21 and other International Organizations’’ (previously known

22 as ‘‘Contributions to International Organizations’’)

23 $777,000,000 for each of the fiscal years 1996, 1997,

24 1998, and 1999 for the Department of State to carry out

25 the authorities, functions, duties, and responsibilities in
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1 the conduct of the foreign affairs of the United States with

2 respect to the United Nations, its affiliated agencies, and

3 other international organizations and to carry out other

4 authorities in law consistent with such purposes.

5 SEC. 202. ASSESSED CONTRIBUTIONS FOR INTERNATIONAL

6 PEACEKEEPING ACTIVITIES.

7 There are authorized to be appropriated for ‘‘Con8 tributions for International Peacekeeping Activities’’,

9 $445,000,000 for the fiscal year 1996, $375,000,000 for

10 the fiscal year 1997, $300,000,000 for the fiscal year

11 1998, and $210,000,000 for the fiscal year 1999 for the

12 Department of State to carry out the authorities, func13 tions, duties, and responsibilities in the conduct of the for14 eign affairs of the United States with respect to inter15 national peacekeeping activities and to carry out other au16 thorities in law consistent with such purposes.

17 SEC. 203. CALCULATION OF ASSESSED CONTRIBUTIONS.

18 It is the sense of the Congress that the United Na19 tions General Assembly should reformulate the percentage

20 shares of total assessed contributions to the United Na21 tions payable by the member nations to reflect each na22 tion’s share of the total world gross national product.
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1 SEC. 204. REFORM IN BUDGET DECISIONMAKING PROCE2 DURES OF THE UNITED NATIONS AND ITS

3 SPECIALIZED AGENCIES.

4 (a) ASSESSED CONTRIBUTIONS.—The President may

5 withhold 20 percent of the funds appropriated pursuant

6 to section 111 for the United States assessed contribution

7 to the United Nations, or to any of its specialized agencies,

8 for any calendar year, if the Secretary of State determines

9 that the United Nations or any such agency has failed

10 to implement or to continue to implement consensus-based

11 decisionmaking procedures on budgetary matters which

12 assure that sufficient attention is paid to the views of the

13 United States and other member states who are major fi14 nancial contributors to such assessed budgets.

15 (b) NOTICE TO CONGRESS.—The President shall no16 tify the Congress when a decision is made to withhold any

17 share of the United States assessed contribution to the

18 United Nations or its specialized agencies pursuant to

19 subsection (a) and shall notify the Congress when the deci20 sion is made to pay any previously withheld assessed con21 tribution. A notification under this subsection shall include

22 appropriate consultation between the President (or the

23 President’s representative) and the Committee on Inter24 national Relations of the House of Representatives and

25 the Committee on Foreign Relations of the Senate.
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1 (c) REPORT TO CONGRESS.—Not later than Feb2 ruary 1 of each year, the President shall submit to the

3 Congress a report concerning the amount of United States

4 assessed contributions paid to the United Nations and

5 each of its specialized agencies during the preceding cal6 endar year.

7 SEC. 205. UNITED NATIONS BUDGETARY AND MANAGE8 MENT REFORM.

9 (a) IN GENERAL.—The United Nations Participation

10 Act of 1945 (22 U.S.C. 287 et seq.) is amended by adding

11 at the end the following new section:

12 ‘‘SEC. 10. UNITED NATIONS BUDGETARY AND MANAGEMENT

13 REFORM.

14 ‘‘(a) WITHHOLDING OF CONTRIBUTIONS.—

15 ‘‘(1) ASSESSED CONTRIBUTIONS FOR REGULAR

16 UNITED NATIONS BUDGET.—At the beginning of

17 each fiscal year, 20 percent of the amount of funds

18 made available for that fiscal year for United States

19 assessed contributions for the regular United Na20 tions budget shall be withheld from obligation and

21 expenditure unless a certification for that fiscal year

22 has been made under subsection (b).

23 ‘‘(2) ASSESSED CONTRIBUTIONS FOR UNITED

24 NATIONS PEACEKEEPING.—At the beginning of each

25 fiscal year, 50 percent of the amount of funds made
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1 available for that fiscal year for United States as2 sessed contributions for United Nations peacekeep3 ing activities shall be withheld from obligation and

4 expenditure unless a certification for that fiscal year

5 has been made under subsection (b).

6 ‘‘(3) VOLUNTARY CONTRIBUTIONS FOR UNITED

7 NATIONS PEACEKEEPING.—The United States may

8 not during any fiscal year pay any voluntary con9 tribution to the United Nations for international

10 peacekeeping activities unless a certification for that

11 fiscal year has been made under subsection (b).

12 ‘‘(b) CERTIFICATION.—The certification referred to

13 in subsection (a) for any fiscal year is a certification by

14 the President to the Congress, submitted on or after the

15 beginning of that fiscal year, of each of the following:

16 ‘‘(1) The United Nations has an independent

17 office of Inspector General to conduct and supervise

18 objective audits, inspections, and investigations re19 lating to programs and operations of the United Na20 tions.

21 ‘‘(2) The United Nations has an Inspector Gen22 eral who was appointed by the Secretary General

23 with the approval of the General Assembly and

24 whose appointment was made principally on the

25 basis of the appointee’s integrity and demonstrated
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1 ability in accounting, auditing, financial analysis,

2 law, management analysis, public administration, or

3 investigation.

4 ‘‘(3) The Inspector General is authorized to—

5 ‘‘(A) make investigations and reports relat6 ing to the administration of the programs and

7 operations of the United Nations;

8 ‘‘(B) have access to all records, documents,

9 and other available materials relating to those

10 programs and operations;

11 ‘‘(C) have direct and prompt access to any

12 official of the United Nations; and

13 ‘‘(D) have access to all records and offi14 cials of the specialized agencies of the United

15 Nations.

16 ‘‘(4) The United Nations has fully imple17 mented, and made available to all member states,

18 procedures that effectively protect the identity of,

19 and prevent reprisals against, any staff member of

20 the United Nations making a complaint or disclosing

21 information to, or cooperating in any investigation

22 or inspection by, the United Nations Inspector Gen23 eral.

24 ‘‘(5) The United Nations has fully implemented

25 procedures that ensure compliance with rec-
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1 ommendations of the United Nations Inspector Gen2 eral.

3 ‘‘(6) The United Nations has required the

4 United Nations Inspector General to issue an annual

5 report and has ensured that the annual report and

6 all other reports of the Inspector General are made

7 available to the General Assembly without modifica8 tion.

9 ‘‘(7) The United Nations has provided, and is

10 committed to providing, sufficient budgetary re11 sources to ensure the effective operation of the

12 United Nations Inspector General.’’.

13 (b) EFFECTIVE DATE.—Section 11 of the United Na14 tions Participation Act of 1945, as added by subsection

15 (a), shall apply only with respect to fiscal years after fiscal

16 year 1995.

17 SEC. 206. WHISTLEBLOWER PROVISION.

18 The President shall withhold 10 percent of the funds

19 made available for fiscal year 1996, and 10 percent of the

20 funds made available for each fiscal year thereafter, for

21 United States assessed contributions for the regular Unit22 ed Nations budget until the Secretary of State certifies

23 to Congress that—

24 (1) the United Nations has developed and im25 plemented policies and regulations to protect em-
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1 ployees who allege or report instances of fraud or

2 mismanagement, and

3 (2) the Office of Internal Oversight Services

4 (OIOS) within the United Nations Secretariat has

5 reviewed those policies and regulations and found, in

6 writing, that they offer adequate safeguards against

7 retaliation for such employees.

8 CHAPTER 2—UNITED NATIONS

9 PEACEKEEPING

10 SEC. 211. ANNUAL REPORT ON UNITED STATES CONTRIBU11 TIONS TO UNITED NATIONS PEACEKEEPING

12 ACTIVITIES.

13 Section 4(d)(1) of the United Nations Participation

14 Act of 1945 (22 U.S.C. 287b(d)(1)) is amended—

15 (1) by redesignating subparagraph (D) as sub16 paragraph (E); and

17 (2) by inserting after subparagraph (C) the fol18 lowing new subparagraph:

19 ‘‘(D) A description of the anticipated

20 budget for the next fiscal year for United

21 States participation in United Nations peace22 keeping activities, including a statement of—

23 ‘‘(i) the aggregate amount of funds

24 available to the United Nations for that

25 fiscal year, including assessed and vol-
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1 untary contributions, which may be made

2 available for United Nations peacekeeping

3 activities; and

4 ‘‘(ii) the aggregate amount of funds

5 (from all accounts) and the aggregate costs

6 of in-kind contributions that the United

7 States proposes to make available to the

8 United Nations for that fiscal year for

9 United Nations peacekeeping activities.’’.

10 SEC. 212. PRIOR CONGRESSIONAL NOTIFICATION OF SECU11 RITY COUNCIL VOTES ON UNITED NATIONS

12 PEACEKEEPING ACTIVITIES.

13 Section 4 of the United Nations Participation Act of

14 1945 (22 U.S.C. 287b) is amended—

15 (1) by redesignating subsection (e) as sub16 section (f); and

17 (2) by inserting after subsection (d) the follow18 ing:

19 ‘‘(e) NOTICE TO CONGRESS OF PROPOSED UNITED

20 NATIONS PEACEKEEPING ACTIVITIES.—(1) Except as

21 provided in paragraph (2), at least 15 days before any

22 vote in the Security Council to authorize any United Na23 tions peacekeeping activity or any other action under the

24 Charter of the United Nations (including any extension,

25 modification, suspension, or termination of any previously
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1 authorized United Nations peacekeeping activity or other

2 action) which would involve the use of United States

3 Armed Forces or the expenditure of United States funds,

4 the President shall submit to the designated congressional

5 committees a notification with respect to the proposed ac6 tion. The notification shall include the following:

7 ‘‘(A) A cost assessment of such action (includ8 ing the total estimated cost and the United States

9 share of such cost).

10 ‘‘(B) Identification of the source of funding for

11 the United States share of the costs of the action

12 (whether in an annual budget request,

13 reprogramming notification, a rescission of funds, a

14 budget amendment, or a supplemental budget re15 quest).

16 ‘‘(2)(A) If the President determines that an emer17 gency exists which prevents submission of the 15-day ad18 vance notification specified in paragraph (1) and that the

19 proposed action is in the national security interests of the

20 United States, the notification described in paragraph (1)

21 shall be provided in a timely manner but no later than

22 48 hours after the vote by the Security Council.

23 ‘‘(B) Determinations made under subparagraph (A)

24 may not be delegated.’’.
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1 SEC. 213. CODIFICATION OF REQUIRED NOTICE TO CON2 GRESS OF PROPOSED UNITED NATIONS

3 PEACEKEEPING ACTIVITIES.

4 (a) REQUIRED NOTICE.—Section 4 of the United Na5 tions Participation Act of 1945 (22 U.S.C. 287b) is

6 amended—

7 (1) by striking the second sentence of sub8 section (a);

9 (2) by redesignating subsections (e) and (f) (as

10 redesignated by the preceding section) as subsections

11 (f) and (g), respectively; and

12 (3) by inserting after subsection (d) a new sub13 section (e) consisting of the text of subsection (a) of

14 section 407 of the Foreign Relations Authorization

15 Act, Fiscal Years 1994 and 1995 (Public Law 103–

16 236), revised—

17 (A) in paragraph (2)—

18 (i) in the matter preceding subpara19 graph (A), by inserting ‘‘in written form

20 not later than the 10th day of’’ after

21 ‘‘shall be provided’’;

22 (ii) in subparagraph (A)(iv), by insert23 ing ‘‘(including facilities, training, trans24 portation, communication, and logistical

25 support, but not including intelligence ac26 tivities reportable under title V of the Na-
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1 tional Security Act of 1947 (50 U.S.C. 413

2 et seq.))’’ after ‘‘covered by the resolu3 tion’’; and

4 (iii) in subparagraph (B), by adding

5 at the end the following new clause:

6 ‘‘(iv) A description of any other

7 United States assistance to or support for

8 the operation (including facilities, training,

9 transportation, communication, and

10 logistical support, but not including intel11 ligence activities reportable under title V of

12 the National Security Act of 1947 (50

13 U.S.C. 413 et seq.)), and an estimate of

14 the cost to the United States of such as15 sistance or support.’’;

16 (B) by striking paragraph (3);

17 (C) by redesignating paragraph (4) as

18 paragraph (3) and in the last sentence of sub19 paragraph (A) of that paragraph by striking

20 ‘‘and (ii)’’ and inserting ‘‘through (iv)’’;

21 (D) by inserting after paragraph (3) (as so

22 redesignated) the following new paragraph:

23 ‘‘(4) NEW UNITED NATIONS PEACEKEEPING OP24 ERATION DEFINED.—As used in paragraphs (2)(B)

25 and (3), the term ‘new United Nations peacekeeping
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1 operation’ includes any existing or otherwise ongoing

2 United Nations peacekeeping operation—

3 ‘‘(A) that is to be expanded by more than

4 25 percent during the period covered by the Se5 curity Council resolution, as measured by either

6 the number of personnel participating (or au7 thorized to participate) in the operation or the

8 budget of the operation; or

9 ‘‘(B) that is to be authorized to operate in

10 a country in which it was not previously author11 ized to operate.’’; and

12 (E) in paragraph (5)—

13 (i) by striking ‘‘(5) NOTIFICATION’’

14 and all that follows through ‘‘(B) The

15 President’’ and inserting ‘‘(5) QUARTERLY

16 REPORTS.—The President’’; and

17 (ii) by striking ‘‘section 4(d)’’ and all

18 that follows through ‘‘of this section)’’ and

19 inserting ‘‘subsection (d)’’.

20 (b) CONFORMING REPEAL.—Subsection (a) of section

21 407 of the Foreign Relations Authorization Act, Fiscal

22 Years 1994 and 1995 (Public Law 103–236), is repealed.

23 (c) DESIGNATED CONGRESSIONAL COMMITTEES.—

24 Subsection (g) of section 4 of the United Nations Partici-
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1 pation Act of 1945 (22 U.S.C. 287b(g)), as redesignated

2 by subsection (a), is amended to read as follows:

3 ‘‘(g) DESIGNATED CONGRESSIONAL COMMITTEES.—

4 As used in this section, the term ‘designated congressional

5 committees’ has the meaning given such term in section

6 11(d).’’.

7 SEC. 214. LIMITATION ON ASSESSMENT PERCENTAGE FOR

8 PEACEKEEPING ACTIVITIES.

9 (a) AMENDMENT TO THE UNPA.—The United Na10 tions Participation Act of 1945 (22 U.S.C. 287 et seq.),

11 as amended by this Act, is further amended by adding

12 at the end the following new section:

13 ‘‘SEC. 11. CONTRIBUTIONS FOR PEACEKEEPING ACTIVI14 TIES.

15 ‘‘(a) REASSESSMENT OF CONTRIBUTION PERCENT16 AGES.—The Permanent Representative of the United

17 States to the United Nations should make every effort to

18 ensure that the United Nations completes an overall re19 view and reassessment of each nation’s assessed contribu20 tions for United Nations peacekeeping operations. As part

21 of the overall review and assessment, the Permanent Rep22 resentative should make every effort to advance the con23 cept that, when appropriate, host governments and other

24 governments in the region where a United Nations peace-
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1 keeping operation is carried out should bear a greater bur2 den of its financial cost.

3 ‘‘(b) LIMITATION ON ASSESSED CONTRIBUTION

4 WITH RESPECT TO A PEACEKEEPING OPERATION.—(1)

5 Funds authorized to be appropriated for ‘Contributions

6 for International Peacekeeping Activities’ for any fiscal

7 year shall not be available for the payment of the United

8 States assessed contribution for a United Nations peace9 keeping operation in an amount which is greater than 25

10 percent of the total amount of all assessed contributions

11 for that operation, and any arrearages that accumulate

12 as a result of assessments in excess of 25 percent of the

13 total amount of all assessed contributions for any United

14 Nations peacekeeping operation shall not be recognized or

15 paid by the United States.

16 ‘‘(2) Any penalties, interest, or other charges imposed

17 on the United States in connection with such contributions

18 shall be credited as a part of the percentage limitation

19 contained in the preceding sentence.’’.

20 (b) EFFECTIVE DATE.—The limitation contained in

21 section 11(b) of the United Nations Participation Act of

22 1945, as added by subsection (a), shall apply only with

23 respect to funds authorized to be appropriated for ‘‘Con24 tributions for International Peacekeeping Activities’’ for

25 fiscal years after fiscal year 1995.
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1 (c) CONFORMING REPEAL.—Section 404 of the For2 eign Relations Authorization Act, Fiscal Years 1994 and

3 1995, is repealed.

4 SEC. 215. BUY AMERICA REQUIREMENT.

5 Section 11 of the United Nations Participation Act

6 of 1945 is amended by adding after subsection (b), as

7 added by this Act, the following new subsections:

8 ‘‘(c) BUY AMERICA REQUIREMENT.—No funds may

9 be obligated or expended to pay any United States as10 sessed or voluntary contribution for United Nations peace11 keeping activities unless the Secretary of State determines

12 and certifies to the designated congressional committees

13 that United States manufacturers and suppliers are being

14 given opportunities to provide equipment, services, and

15 material for such activities equal to those being given to

16 foreign manufacturers and suppliers.

17 ‘‘(d) DESIGNATED CONGRESSIONAL COMMITTEES

18 DEFINED.—As used in this section, the term ‘designated

19 congressional committees’ means—

20 ‘‘(1) the Committee on International Relations

21 and the Committee on Appropriations of the House

22 of Representatives; and

23 ‘‘(2) the Committee on Foreign Relations and

24 the Committee on Appropriations of the Senate.’’.
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1 SEC. 216. RESTRICTIONS ON INTELLIGENCE SHARING WITH

2 THE UNITED NATIONS.

3 (a) IN GENERAL.—The United Nations Participation

4 Act of 1945 (22 U.S.C. 287 et seq.) is amended by adding

5 at the end the following new section:

6 ‘‘SEC. 12. RESTRICTIONS ON INTELLIGENCE SHARING WITH

7 THE UNITED NATIONS.

8 (a) PROVISION OF INTELLIGENCE INFORMATION TO

9 THE UNITED NATIONS.—(1) No United States intel10 ligence information may be provided to the United Nations

11 or any organization affiliated with the United Nations, or

12 to any officials or employees thereof, unless the President

13 certifies to the appropriate committees of Congress that

14 the Director of Central Intelligence (in this section re15 ferred to as the ‘DCI’), in consultation with the Secretary

16 of State and the Secretary of Defense, has established and

17 implemented requirements which have been formally

18 agreed to and implemented by the United Nations for pro19 tecting intelligence sources and methods as a condition for

20 the provision of United States intelligence information to

21 the United Nations. Those requirements shall include, but

22 not be limited to—

23 ‘‘(A) the adoption by the United Nations of for24 mal security violation investigation procedures and

25 security clearance background investigation proce-
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1 dures certified by the DCI as comparable to United

2 States procedures;

3 ‘‘(B) the agreement by the United Nations to

4 protect United States-provided intelligence informa5 tion in a manner certified by the DCI as comparable

6 to protections maintained by the United States Gov7 ernment of such information;

8 ‘‘(C) the agreement by the United Nations to

9 immediately notify the United States Government of

10 any unauthorized disclosure of United States-pro11 vided intelligence, and to permit the full participa12 tion of United States law enforcement personnel in

13 the investigation of such disclosure;

14 ‘‘(D) prohibitions on access to United States15 provided intelligence information by nationals of

16 countries not otherwise eligible for the receipt of

17 such information;

18 ‘‘(E) prohibitions on access to United States19 provided intelligence information by the government

20 of any country designated by the Secretary of State

21 as a state supporter of terrorism;

22 ‘‘(F) prohibitions on access to United States23 provided intelligence information by any government

24 not eligible for the direct provision of such informa-
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1 tion by the United States through existing bilateral

2 intelligence-sharing agreements; and

3 ‘‘(G) other measures which shall protect intel4 ligence sources and methods from unauthorized dis5 closure in accordance with section 103(c)(5) of the

6 National Security Act of 1947 (50 U.S.C. 403-

7 3(c)(5)).

8 ‘‘(2) Paragraph (1) may be waived upon written cer9 tification by the President to the appropriate committees

10 of Congress that providing such information to the United

11 Nations or an organization affiliated with the United Na12 tions, or to any officials or employees thereof, is in the

13 vital national security interests of the United States and

14 that all possible measures protecting such information

15 have been taken, except that such waiver must be made

16 for each instance such information is provided, or for each

17 such document provided.

18 ‘‘(b) PERIODIC AND SPECIAL REPORTS.—

19 ‘‘(1) The President shall periodically report, but

20 not less frequently than quarterly, to the Committee

21 on Foreign Relations and the Select Committee on

22 Intelligence of the Senate and the Committee on

23 International Relations and the Permanent Select

24 Committee on Intelligence of the House of Rep25 resentatives on the types and volume of intelligence
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1 provided to the United Nations and the purposes for

2 which it was provided during the period covered by

3 the report. The President shall also report to the Se4 lect Committee on Intelligence of the Senate and the

5 Permanent Select Committee on Intelligence of the

6 House of Representatives within 15 days after it has

7 become known to the United States Government re8 garding any unauthorized disclosure of intelligence

9 provided by the United States to the United Na10 tions.

11 ‘‘(2) The requirement for periodic reports under

12 the first sentence of paragraph (1) shall not apply

13 to the provision of intelligence that is provided only

14 to, and for the use of, appropriately-cleared United

15 States Government personnel serving with the Unit16 ed Nations.

17 ‘‘(c) DELEGATION OF DUTIES.—The President may

18 not delegate or assign the duties of the President under

19 this section.

20 ‘‘(d) RELATIONSHIP TO EXISTING LAW.—Nothing in

21 this section shall be construed to—

22 ‘‘(1) impair or otherwise affect the authority of

23 the Director of Central Intelligence to protect intel24 ligence sources and methods from unauthorized dis25 closure pursuant to section 103(c)(5) of the Na-
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1 tional Security Act of 1947(50 U.S.C. 403-3(c)(5));

2 or

3 ‘‘(2) supersede or otherwise affect the provi4 sions of title V of the National Security Act of 1947

5 (50 U.S.C. 413 et seq.).’’.

6 SEC. 217. ACTIVITIES EXEMPTED FROM UNITED NATIONS

7 SANCTIONS.

8 (a) IN GENERAL.—Section 5 of the United Nations

9 Participation Act of 1945 (22 U.S.C. 287c) is amended

10 by adding at the end the following new subsection:

11 ‘‘(d)(1) The measures that the United States may

12 apply under subsection (a) do not include any measure

13 to prohibit assistance that promotes—

14 ‘‘(A) respect for human rights,

15 ‘‘(B) the exchange of information (as described

16 in section 203(b)(3) of the International Emergency

17 Economic Powers Act (50 U.S.C. 1702(b)(3)), or

18 ‘‘(C) the development of democratic institutions.

19 ‘‘(2) Not less than 15 days before approving a license

20 for export of any item under paragraph (1), the President

21 shall notify the Committee on Foreign Relations of the

22 Senate and the Committee on International Relations of

23 the House of Representatives in accordance with proce24 dures applicable to reprogramming notifications under

25 section 634A of the Foreign Assistance Act of 1961.’’.
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1 (b) EFFECTIVE DATE.—The amendment made by

2 subsection (a) shall apply to measures applied by the

3 United States pursuant to a request of the United Nations

4 Security Council made on or after the date of enactment

5 of this Act.

6 SEC. 218. UNPROFOR FUNDING RESTRICTIONS.

7 None of the funds authorized to be appropriated by

8 this Act may be made available for contributions to the

9 United Nations Protection Force (UNPROFOR) unless

10 the President certifies and reports to the Congress during

11 the calendar years in which the funds are to be provided

12 that—

13 (1) the Government of the Republic of Bosnia

14 and Herzegovina supports the continued presence of

15 UNPROFOR within its territory;

16 (2) UNPROFOR is effectively implementing its

17 mandate under United Nations Security Council res18 olutions 761, 776, 786, 836, and 958, and is effec19 tively encouraging compliance with United Nations

20 Security Council resolutions 752, 757, 770, 771,

21 787, 820, 824, and 942;

22 (3) UNPROFOR is providing full cooperation

23 and support to the efforts of the United Nations

24 War Crimes Tribunal for the former Yugoslavia to
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1 investigate war crimes and to apprehend and pros2 ecute suspected war criminals;

3 (4) UNPROFOR is providing full cooperation

4 and support to United States diplomatic, military,

5 and relief personnel in Bosnia, to include transpor6 tation and accurate information; and

7 (5) UNPROFOR has investigated and taken

8 appropriate action against any UNPROFOR civilian

9 or military personnel suspected of participating in il10 legal or improper activities, such as black

11 marketeering, embezzlement, expropriation of prop12 erty, and assaults on civilians.

13 SEC. 219. ESCALATING COSTS FOR INTERNATIONAL PEACE14 KEEPING ACTIVITIES.

15 (a) FINDINGS.—The Congress finds that—

16 (1) in fiscal year 1989 the United States pro17 vided $29,000,000 to the United Nations for as18 sessed United States contributions for international

19 peacekeeping activities, compared to $485,000,000

20 paid for combined assessed contributions for all

21 other international organizations, including the

22 United Nations, all United Nations specialized agen23 cies and the Organization for American States and

24 all other pan American international organizations;
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1 (2) in fiscal year 1994 United States assessed

2 contributions to the United Nations for international

3 peacekeeping activities had grown to

4 $1,072,000,000, compared to $860,000,000 for com5 bined assessed contributions for all other inter6 national organizations;

7 (3) for fiscal year 1995 the President requested

8 a $672,000,000 United Nations peacekeeping sup9 plemental appropriation which, if approved, would

10 have been a direct increase in the Federal budget

11 deficit and would have brought fiscal year 1995 total

12 appropriations for assessed contributions for United

13 Nations peacekeeping activities to $1,025,000,000;

14 (4) for fiscal year 1995 the President also re15 quested supplemental appropriations of

16 $1,900,000,000 to cover the Department of De17 fense’s unbudgeted costs for humanitarian and

18 peacekeeping missions in Haiti, Kuwait and Bosnia,

19 which are in addition to regular United States as20 sessed contributions to the United Nations for

21 peacekeeping activities; and

22 (5) for fiscal year 1996 the President requested

23 $445,000,000 for assessed contributions to the

24 United Nations for international peacekeeping activi25 ties, a funding level most observers believe to be a
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1 significant understatement of actual peacekeeping

2 obligations the Administration has committed the

3 United States to support and which, if accurate,

4 would lead to the third year in a row in which the

5 Administration requests supplemental appropriations

6 for assessed contributions to international peace7 keeping in excess of $600 million outside of the reg8 ular budget process.

9 (b) SENSE OF CONGRESS.—It is the sense of the

10 Congress that the Executive Branch should cease obligat11 ing the United States to pay for international peacekeep12 ing operations in excess of funds specifically authorized

13 and appropriated for this purpose.

14 SEC. 220. DEFINITION.

15 The United Nations Participation Act of 1945, as

16 amended by this Act, is further amended by adding at the

17 end the following new section:

18 ‘‘SEC. 13. DEFINITION.

19 ‘‘For purposes of this Act, the term ‘United Nations

20 peacekeeping activities’ means any peacekeeping, peace21 making, peace-enforcing, or similar activity that is author22 ized by the United Nations Security Council under chapter

23 VI or VII of the Charter of the United Nations, the costs

24 of which will be assessed by the United Nations to its

25 member countries.’’.
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1 TITLE III—OTHER INTER2 NATIONAL ORGANIZATIONS

3 CHAPTER 1—AUTHORIZATION OF

4 APPROPRIATIONS

5 SEC. 301. INTERNATIONAL CONFERENCES AND CONTIN6 GENCIES.

7 (a) AUTHORIZATION OF APPROPRIATIONS.—There

8 are authorized to be appropriated for ‘‘International Con9 ferences and Contingencies’’, $7,000,000 for the fiscal

10 year 1996, $5,000,000 for the fiscal year 1997,

11 $4,000,000 for the fiscal year 1998, and $4,000,000 for

12 the fiscal year 1999 for the Department of State to carry

13 out the authorities, functions, duties, and responsibilities

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

15 with respect to international conferences and contin16 gencies and to carry out other authorities in law consistent

17 with such purposes.

18 (b) CONDITIONAL AUTHORITY.—

19 (1) Subject to subparagraph (B), in addition to

20 such amounts as are authorized to be appropriated

21 under subsection (a), there is authorized to be ap22 propriated for ‘‘International Conferences and Con23 tingencies’’, $1,000,000 for the fiscal year 1996 for

24 the Department of State to carry out the authori25 ties, functions, duties, and responsibilities in the
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1 conduct of the foreign affairs of the United States

2 with respect to international conferences and contin3 gencies and to carry out other authorities in law

4 consistent with such purposes.

5 (2) The authorization of appropriations under

6 paragraph (1) shall take effect only after the Sec7 retary of State certifies to the appropriate congres8 sional committees, with respect to any United Na9 tions Fourth World Conference on Women that is

10 held in Beijing, that—

11 (A) no funds of the Department of State

12 were expended for travel by any United States

13 official or delegate to the Fourth World Con14 ference on Women, to be held in Beijing, Au15 gust and September 1995, or

16 (B)(i) that the United States vigorously

17 urged the United Nations to grant accreditation

18 to a wide range of nongovernmental organiza19 tions, including United States-based groups

20 representing Taiwanese and Tibetan women, in

21 accordance with relevant international stand22 ards and precedents;

23 (ii) that the United States pressed the

24 Government of China to issue visas equitably to
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1 representatives of accredited nongovernmental

2 organizations;

3 (iii) that the United States encouraged the

4 Government of China and the United Nations

5 to provide the accredited nongovernmental orga6 nizations with access to the main conference

7 site that is substantially equivalent in manner

8 and degree to access afforded at previous major

9 United Nations conferences;

10 (iv) that the United States delegation to

11 the Fourth World Conference on Women vigor12 ously and publicly supported access by rep13 resentatives of accredited nongovernmental or14 ganizations to the conference, especially with

15 respect to United States nongovernmental orga16 nizations;

17 (v) that the United States delegation to

18 the Fourth World Conference on Women vigor19 ously promoted universal respect for inter20 nationally recognized human rights, including

21 the rights of women; and

22 (vi) that, if the goals of clauses (i), (ii),

23 and (iii) were not fully accomplished, the Unit24 ed States issued a formal, public protest to the
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1 United Nations for such a departure from ac2 cepted international standards.

3 SEC. 302. INTERNATIONAL COMMISSIONS.

4 The following amounts are authorized to be appro5 priated under ‘‘International Commissions’’ for the De6 partment of State to carry out the authorities, functions,

7 duties, and responsibilities in the conduct of the foreign

8 affairs of the United States and for other purposes author9 ized by law:

10 (1) INTERNATIONAL BOUNDARY AND WATER

11 COMMISSION, UNITED STATES AND MEXICO.—For

12 ‘‘International Boundary and Water Commission,

13 United States and Mexico’’—

14 (A) for ‘‘Salaries and Expenses’’,

15 $12,500,000 for the fiscal year 1996,

16 $12,300,000 for the fiscal year 1997,

17 $12,100,000 for the fiscal year 1998, and

18 $12,000,000 for the fiscal year 1999; and

19 (B) for ‘‘Construction’’, $10,000,000 for

20 the fiscal year 1996, $10,000,000 for the fiscal

21 year 1997, $6,000,000 for the fiscal year 1998,

22 and $6,000,000 for the fiscal year 1999.

23 (2) INTERNATIONAL BOUNDARY COMMISSION,

24 UNITED STATES AND CANADA.—For ‘‘International

25 Boundary Commission, United States and Canada’’,
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1 $740,000 for the fiscal year 1996, $720,000 for the

2 fiscal year 1997, $700,000 for the fiscal year 1998,

3 and $700,000 for the fiscal year 1999.

4 (3) INTERNATIONAL JOINT COMMISSION.—For

5 ‘‘International Joint Commission’’, $3,500,000 for

6 the fiscal year 1996, $3,500,000 for the fiscal year

7 1997, $3,500,000 for the fiscal year 1998, and

8 $3,500,000 for the fiscal year 1999.

9 (4) INTERNATIONAL FISHERIES COMMIS10 SIONS.—For ‘‘International Fisheries Commissions’’,

11 $14,669,000 for the fiscal year 1996, $14,400,000

12 for the fiscal year 1997, $14,200,000 for the fiscal

13 year 1998, and $14,000,000 for the fiscal year

14 1999.

15 SEC. 303. INTERNATIONAL BOUNDARY AND WATER COM16 MISSION.

17 The Act of May 13, 1924 (49 Stat. 660; 22 U.S.C.

18 277–277f), is amended in section 3 (22 U.S.C. 277b) by

19 adding the following new subsection at the end:

20 ‘‘(d) Pursuant to the authority of subsection (a) and

21 in order to facilitate further compliance with the terms

22 of the Convention for Equitable Distribution of the Waters

23 of the Rio Grande, May 21, 1906, United States-Mexico,

24 the Secretary of State, acting through the United States

25 Commissioner of the International Boundary and Water
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1 Commission, may make improvements to the Rio Grande

2 Canalization Project, originally authorized by the Act of

3 August 29, 1935 (49 Stat. 961). Such improvements may

4 include all such works as may be needed to stabilize the

5 Rio Grande in the reach between the Percha Diversion

6 Dam in New Mexico and the American Diversion Dam in

7 El Paso.’’.

8 SEC. 304. INTER-AMERICAN ORGANIZATIONS.

9 Taking into consideration the long-term commitment

10 by the United States to the affairs of this Hemisphere and

11 the need to build further upon the linkages between the

12 United States and its neighbors, it is the sense of the Con13 gress that the Secretary of State, in allocating the level

14 of resources for international organizations, should pay

15 particular attention to funding levels of the Inter-Amer16 ican organizations.

17 CHAPTER 2—GENERAL PROVISIONS

18 SEC. 311. INTERNATIONAL CRIMINAL COURT PARTICIPA19 TION.

20 The United States may not participate in an inter21 national criminal court with jurisdiction over crimes of an

22 international character except—

23 (1) pursuant to a treaty made in accordance

24 with Article II, section 2, clause 2 of the Constitu25 tion; or
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1 (2) as specifically authorized by enactment of

2 legislation passed by Congress.

3 SEC. 312. PROHIBITION ON ASSISTANCE TO INTER4 NATIONAL ORGANIZATIONS ESPOUSING

5 WORLD GOVERNMENT.

6 None of the funds made available by this Act shall

7 be used—

8 (1) to pay the United States contribution to

9 any international organization which engages in the

10 direct or indirect promotion of the principle or doc11 trine of one world government or one world citizen12 ship; or

13 (2) for the promotion, direct or indirect, of the

14 principle or doctrine of one world government or one

15 world citizenship.

16 SEC. 313. TERMINATION OF UNITED STATES PARTICIPA17 TION IN CERTAIN INTERNATIONAL ORGANI18 ZATIONS.

19 Notwithstanding any other provision of law, none of

20 the funds authorized to be appropriated by this or any

21 other Act may be used for payment of United States mem22 bership in any of the following organizations:

23 (1) The International Labor Organization

24 (ILO).
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1 (2) The United Nations Industrial Development

2 Organization (UNIDO).

3 (3) The Inter-American Indian Institute.

4 (4) The Pan American Railway Congress Asso5 ciation.

6 (5) The Interparliamentary Union.

7 SEC. 314. INTERNATIONAL COVENANT ON CIVIL AND POLIT8 ICAL RIGHTS.

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

10 findings:

11 (1) On April 2, 1992, the Senate approved a

12 resolution advising and consenting to ratification of

13 the International Covenant on Civil and Political

14 Rights, subject to reservations, understandings, dec15 larations, and a proviso intended, inter alia, to pro16 tect the First Amendment rights of American citi17 zens and other United States constitutional rights

18 and practices.

19 (2) In accordance with the action of the Senate,

20 the President deposited the United States instru21 ment of ratification of the International Covenant on

22 Civil and Political Rights on June 8, 1992, and the

23 Covenant entered into force for the United States on

24 September 8, 1992.
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1 (3) On November 2, 1994, the Human Rights

2 Committee, established under the Covenant to inter3 pret the Covenant and to receive complaints of non4 compliance, adopted General Comment No. 24 re5 garding reservations to the Covenant.

6 (4) In General Comment No. 24, the Human

7 Rights Committee claimed for itself the power to

8 judge the validity under international law of reserva9 tions to the Covenant, and in the purported exercise

10 of this power asserted that reservations of the type

11 included in the Senate resolution of ratification are

12 invalid, and further asserted that invalid reserva13 tions will be read out of instruments of ratification,

14 ‘‘in the sense that the Covenant will be operative for

15 the reserving party without benefit of the reserva16 tion’’.

17 (5) The purpose and effect of General Comment

18 No. 24 is to seek to nullify as a matter of inter19 national law the reservations, understandings, dec20 larations, and proviso contained in the Senate reso21 lution of ratification, thereby purporting to impose

22 legal obligations on the United States never accepted

23 by the United States.

24 (6) General Comment No. 24 threatens not

25 only the Supremacy Clause of the United States
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1 Constitution and the constitutional authority of the

2 Senate with respect to the approval of treaties, but

3 also the First Amendment rights of American citi4 zens and the other United States constitutional

5 rights and practices protected by the reservations,

6 understandings, declarations, and proviso contained

7 in the Senate resolution of ratification.

8 (b) RESTRICTION ON OBLIGATION OR EXPENDITURE

9 OF FUNDS.—

10 (1) RESTRICTION.—Effective on the date of en11 actment of this section, no funds authorized to be

12 appropriated by this Act or any other Act, or other13 wise made available may be obligated or expended

14 for the conduct of any activity which has the pur15 pose or effect of—

16 (A) reporting to the Human Rights Com17 mittee in accordance with Article 40 of the

18 International Covenant on Civil and Political

19 Rights, or

20 (B) responding to any effort by the

21 Human Rights Committee to use the proce22 dures of Articles 41 and 42 of the International

23 Covenant on Civil and Political Rights to re24 solve claims by other parties to the Covenant
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1 that the United States is not fulfilling its obli2 gations under the Covenant,

3 until the President has submitted to the Congress

4 the certification described in paragraph (2).

5 (2) CERTIFICATION.—The certification referred

6 to in paragraph (1) is a certification by the Presi7 dent to the Congress that the Human Rights Com8 mittee established under the International Covenant

9 on Civil and Political Rights has—

10 (A) revoked its General Comment No. 24

11 adopted on November 2, 1994; and

12 (B) expressly recognized the validity as a

13 matter of international law of the reservations,

14 understandings, and declarations contained in

15 the United States instrument of ratification of

16 the International Covenant on Civil and Politi17 cal Rights.

18 SEC. 315. UNITED STATES PARTICIPATION IN SINGLE COM19 MODITY INTERNATIONAL ORGANIZATIONS.

20 (a) REPORT ON PARTICIPATION IN SINGLE-COMMOD21 ITY ORGANIZATIONS.—Not later than 180 days after the

22 date of the enactment of this Act, the Secretary of State

23 shall transmit to the committees referred to in subsection

24 (b) a report that—
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1 (1) identifies the national interests, if any, that

2 are served by continuing United States participation

3 in single-commodity international organizations;

4 (2) assesses the feasibility and desirability of

5 the privatization of United States representation in

6 such organizations; and

7 (3) sets forth options for achieving the privat8 ization of the organizations if the Secretary deter9 mines that the privatization is feasible and desirable.

10 (b) DEFINITION.—The committees referred to in sub11 section (a) are the Committee on Foreign Relations of the

12 Senate and the Committee on International Relations of

13 the House of Representatives.

14 SEC. 316. PROHIBITION ON CONTRIBUTIONS TO THE INTER15 NATIONAL NATURAL RUBBER ORGANIZA16 TION.

17 None of the funds authorized to be appropriated by

18 this or any other Act may be used to fund any United

19 States contribution to the International Natural Rubber

20 Organization.

21 SEC. 317. PROHIBITION ON CONTRIBUTIONS TO THE INTER22 NATIONAL TROPICAL TIMBER ORGANIZA23 TION.

24 None of the funds authorized to be appropriated by

25 this or any other Act may be used to fund any United
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1 States contribution to the International Tropical Timber

2 Organization.

3 SEC. 318. GENERAL ACCOUNTING OFFICE STUDY ON THE

4 COST-EFFECTIVENESS AND EFFICIENCY OF

5 INTERNATIONAL ORGANIZATIONS TO WHICH

6 THE UNITED STATES MAKES CONTRIBU7 TIONS.

8 (a) COST-EFFECTIVENESS STUDY OF INTER9 NATIONAL ORGANIZATIONS TO WHICH THE UNITED

10 STATES MAKES CONTRIBUTIONS.—The Comptroller Gen11 eral of the United States shall conduct a study on the cost12 effectiveness and efficiency of the 51 organizations to

13 which the United States makes contributions through the

14 Department of State. Such study shall include, but not

15 be limited to—

16 (1) an evaluation of whether such organizations

17 undertake unique activities that are central to the

18 conduct of American foreign policy and which are in19 capable of being performed directly by an agency of

20 the United States Government; and

21 (2) an evaluation of each organization’s oper22 ational effectiveness, and the potential consequences

23 of terminated United States funding.

24 (b) REPORT TO CONGRESS.—Not later than one year

25 after the date of enactment of this Act, the Comptroller
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1 General of the United States shall prepare and submit a

2 report of the findings of such study to the Committee on

3 Foreign Relations of the Senate and the Committee on

4 International Relations of the House of Representatives.

5 TITLE IV—UNITED STATES IN6 FORMATIONAL, EDU7 CATIONAL, AND CULTURAL

8 PROGRAMS

9 CHAPTER 1—AUTHORIZATION OF

10 APPROPRIATIONS

11 SEC. 401. AUTHORIZATION OF APPROPRIATIONS.

12 The following amounts are authorized to be appro13 priated to carry out international information activities,

14 and educational and cultural exchange programs under

15 the United States Information and Educational Exchange

16 Act of 1948, the Mutual Educational and Cultural Ex17 change Act of 1961, Reorganization Plan Number 2 of

18 1977, the Radio Broadcasting to Cuba Act, the Television

19 Broadcasting to Cuba Act, the Board for International

20 Broadcasting Act, the Inspector General Act of 1978, the

21 National Endowment for Democracy Act, and to carry out

22 other authorities in law consistent with such purposes:

23 (1) SALARIES AND EXPENSES.—For ‘‘Salaries

24 and Expenses’’, $429,000,000 for the fiscal year

25 1996, $387,000,000 for the fiscal year 1997. No
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1 funds are authorized to be appropriated for fiscal

2 years 1998 and 1999.

3 (2) EDUCATIONAL AND CULTURAL EXCHANGE

4 PROGRAMS.—

5 (A) FULBRIGHT ACADEMIC EXCHANGE

6 PROGRAMS.—For the ‘‘Fulbright Academic Ex7 change Programs’’, $109,500,000 for the fiscal

8 year 1996, $101,000,000 for the fiscal year

9 1997, $93,000,000 for the fiscal year 1998,

10 and $93,000,000 for the fiscal year 1999.

11 (B) OTHER PROGRAMS.—For other edu12 cational and cultural exchange programs au13 thorized by law, $118,322,000 for the fiscal

14 year 1996, $107,300,000 for the fiscal year

15 1997, $101,280,000 for the fiscal year 1998,

16 and $101,280,000 for the fiscal year 1999.

17 (3) INTERNATIONAL BROADCASTING ACTIVI18 TIES.—For ‘‘International Broadcasting Activities’’

19 under title III, $310,000,000 for the fiscal year

20 1996, $300,000,000 for the fiscal year 1997,

21 $290,000,000 for the fiscal year 1998, and

22 $290,000,000 for the fiscal year 1999.

23 (4) RADIO FREE EUROPE/RADIO LIBERTY.—For

24 the activities of RFE/RL, Incorporated, there are
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1 authorized to be appropriated $75,000,000 for each

2 of the fiscal years 1996, 1997, 1998, and 1999.

3 (5) RADIO CONSTRUCTION.—For ‘‘Radio Con4 struction’’, $83,000,000 for the fiscal year 1996,

5 $79,500,000 for the fiscal year 1997, $69,000,000

6 for the fiscal year 1998, and $65,000,000 for the

7 fiscal year 1999.

8 (6) TECHNOLOGY INVESTMENT FUND.—For the

9 ‘‘Technology Investment Fund’’, $10,100,000 for

10 the fiscal year 1996, $9,500,000 for the fiscal year

11 1997.

12 (7) OFFICE OF THE INSPECTOR GENERAL.—

13 For ‘‘Office of the Inspector General’’, $4,100,000

14 for the fiscal year 1996, $3,900,000 for the fiscal

15 year 1997.

16 (8) CENTER FOR CULTURAL AND TECHNICAL

17 INTERCHANGE BETWEEN EAST AND WEST.—For

18 ‘‘Center for Cultural and Technical Interchange be19 tween East and West’’, $10,000,000 for the fiscal

20 year 1996, $8,000,000 for the fiscal year 1997,

21 $5,000,000 for the fiscal year 1998, and $5,000,000

22 for the fiscal year 1999.

23 SEC. 402. NATIONAL ENDOWMENT FOR DEMOCRACY.

24 There are authorized to be appropriated to the Direc25 tor of the United States Information Agency $32,000,000
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1 for the fiscal year 1996 and $29,000,000 for the fiscal

2 year 1997, $25,000,000 for the fiscal year 1998, and

3 $21,000,000 for the fiscal year 1999 to carry out the Na4 tional Endowment for Democracy Act (title V of Public

5 Law 98–164), of which amount in each fiscal year not

6 more than 55 percent shall be available only for the follow7 ing organizations, in equal allotments:

8 (1) The International Republican Institute

9 (IRI).

10 (2) The National Democratic Institute (NDI).

11 (3) The Free Trade Union Institute (FTUI).

12 (4) The Center for International Private Enter13 prise (CIPE).

14 CHAPTER 2—USIA AND RELATED

15 AGENCIES AUTHORITIES AND ACTIVITIES

16 SEC. 411. PARTICIPATION IN INTERNATIONAL FAIRS AND

17 EXPOSITIONS.

18 None of the funds made available by this Act may

19 be used by any department, agency, or other entity of the

20 United States to participate in an international fair, pavil21 ion, or other major exhibit at any international exposition

22 or world’s fair in excess of amounts expressly authorized

23 to be appropriated for such purpose.
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1 SEC. 412. EXTENSION OF AU PAIR PROGRAMS.

2 (a) REPEAL.—Section 8 of the Eisenhower Exchange

3 Fellowship Act of 1990 (Public Law 101–454) is repealed.

4 (b) AUTHORITY FOR AU PAIR PROGRAMS.—The Di5 rector of the United States Information Agency is author6 ized to continue to administer an au pair program, operat7 ing on a world-wide basis, through fiscal year 1999.

8 (c) REPORT.—Not later than October 1, 1998, the

9 Director of the United States Information Agency shall

10 submit a report regarding the continued extension of au

11 pair programs to the Committee on Foreign Relations of

12 the Senate and the Committee on International Relations

13 of the House of Representatives. This report shall specifi14 cally detail the compliance of all au pair organizations

15 with regulations governing au pair programs as published

16 on February 15, 1995.

17 SEC. 413. PILOT PROGRAM ON ADVERTISING ON USIA TELE18 VISION AND RADIO BROADCASTS.

19 (a) IN GENERAL.—(1) The Director of the United

20 States Information Agency shall carry out a pilot program

21 to determine the feasibility and advisability of permitting

22 advertisements on the television broadcasts and radio

23 broadcasts of the agency, including broadcasts of the

24 Voice of America, Radio Marti/TV Marti, Worldnet, Radio

25 Free Europe/Radio Liberty, and Radio Free Asia.
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1 (2) The Director shall commence carrying out the

2 pilot program not later than 90 days after the date of the

3 transmittal to Congress of the plan required under sub4 section (b).

5 (3) The Director shall carry out the pilot program

6 for 6 months.

7 (b) PROGRAM PLAN.—(1) Not later than 120 days

8 after the date of the enactment of this Act, the Director

9 shall prepare and transmit to Congress a plan for carrying

10 out the pilot program required under subsection (a).

11 (2) In preparing the plan, the Director shall solicit

12 and take into account the comments of other broadcasting

13 entities funded by the United States Government on the

14 experiences of and advantages and disadvantages to public

15 television and radio broadcast stations of permitting ad16 vertisements on the broadcasts of such stations.

17 (c) TREATMENT OF REVENUES.—Notwithstanding

18 any other provision of law, the Director may use any reve19 nues received by the agency under the pilot program to

20 pay for the cost of the radio and television broadcasting

21 activities of the agency. Such funds shall be available for

22 that purpose without fiscal year limitation.

23 (d) PROGRAM REPORT.—Not later than 60 days after

24 the date of the completion of the pilot program, the Direc-
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1 tor shall transmit to Congress a report on the pilot pro2 gram. The report shall include the following:

3 (1) A description of the pilot program, includ4 ing the number and type of advertisements aired

5 under the pilot program and the revenues received

6 as a result of the advertisements.

7 (2) An estimate of the number and type of ad8 vertisements that would be carried on the television

9 broadcasts and radio broadcasts of the agency on an

10 annual basis after the completion of the pilot pro11 gram if the agency were authorized to continue to

12 carry such advertisements, and the revenues that the

13 agency would receive as a result of carrying such ad14 vertisements.

15 (3) An assessment of the feasibility and advis16 ability of permitting advertisements on the television

17 broadcasts and radio broadcasts of the agency, in18 cluding a discussion of the advisability of permitting

19 such advertisements by—

20 (A) United States entities;

21 (B) foreign governments;

22 (C) foreign individuals or entities; and

23 (D) a combination of such entities, govern24 ments, and individuals.
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1 (e) REGULATIONS.—The Director may prescribe reg2 ulations to carry out the pilot program.

3 SEC. 414. AVAILABILITY OF VOICE OF AMERICA AND RADIO

4 MARTI MULTILINGUAL COMPUTER READ5 ABLE TEXT AND VOICE RECORDINGS.

6 (a) AUTHORITY.—Notwithstanding section 208 of the

7 Foreign Relations Authorization Act, Fiscal Years 1986

8 and 1987 (22 U.S.C. 1461–1a) and the second sentence

9 of section 501 of the United States Information and Edu10 cational Exchange Act of 1948 (22 U.S.C. 1461), the Di11 rector of the United States Information Agency is author12 ized to make available, upon request, to the Linguistic

13 Data Consortium of the University of Pennsylvania com14 puter readable multilingual text and recorded speech in

15 various languages.

16 (b) REIMBURSEMENT.—The Linguistic Data Consor17 tium shall, directly or indirectly as appropriate, reimburse

18 the United States Information Agency for any expenses

19 involved in making such materials available.

20 (c) TERMINATION DATE.—The authority of this sec21 tion shall terminate 5 years after the date of enactment

22 of this Act.

23 SEC. 415. PLAN FOR RADIO FREE ASIA.

24 (a) PLAN REQUIRED.—Not later than 90 days after

25 the date of the enactment of this Act, the Director of the
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1 United States Information Agency shall submit to the

2 Congress a detailed plan for the establishment and oper3 ation of Radio Free Asia.

4 (b) CONTENTS OF PLAN.—The plan required by sub5 section (a) shall meet the requirements of subparagraphs

6 (A) through (C) of section 309(c)(1) of the Foreign Rela7 tions Authorization Act, Fiscal Years 1994 and 1995 (22

8 U.S.C. 6208(c)(1)), except that the plan shall describe the

9 manner in which Radio Free Asia would meet the funding

10 limitations provided in this Act.

11 (c) STATUTORY CONSTRUCTION.—Nothing in this

12 section may be construed to make inapplicable any of the

13 requirements contained in section 309 of such Act.

14 SEC. 416. EXPANSION OF MUSKIE FELLOWSHIP PROGRAM.

15 Section 227 of the Foreign Relations Authorization

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

17 is amended—

18 (1) in subsection (a), by striking ‘‘Soviet Union,

19 Lithuania, Latvia, and Estonia’’ and inserting

20 ‘‘former Soviet Union, Lithuania, Latvia, Estonia,

21 Albania, Bulgaria, Croatia, Czech Republic, Hun22 gary, Poland, Romania, Slovenia, and the Former

23 Yugoslav Republic of Macedonia’’;

24 (2) in subsection (c)(5), by striking out after

25 ‘‘potential’’ all that follows and inserting in lieu
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1 thereof the following: ‘‘in the fields of business ad2 ministration, economics, journalism, law, library and

3 information science, public administration, and pub4 lic policy.’’;

5 (3) in subsection (b) of the section, by striking

6 out ‘‘Soviet Union, Lithuania, Latvia, and Estonia’’

7 and inserting in lieu thereof ‘‘countries specified in

8 subsection (a)’’;

9 (4) in subsection (c)(11), by striking ‘‘Soviet re10 publics, Lithuania, Latvia, and Estonia’’ and insert11 ing ‘‘countries specified in subsection (a)’’; and

12 (5) in the section heading, by striking ‘‘THE

13 SOVIET UNION, LITHUANIA, LATVIA, AND ESTO14 NIA’’ and inserting ‘‘CERTAIN EURASIAN COUN15 TRIES’’.

16 SEC. 417. CHANGES IN ADMINISTRATIVE AUTHORITIES.

17 (a) CONTRACT AUTHORITY FOR VOICE OF AMERICA

18 RADIO FACILITY.—Section 235 of the Foreign Relations

19 Authorization Act, Fiscal Years 1990 and 1991 (Public

20 Law 101–246) is amended by inserting ‘‘Tinian,’’ after

21 ‘‘Sao Tome,’’.

22 (b) AVAILABILITY OF APPROPRIATIONS.—Section

23 701(f)(4) of the United States Information and Edu24 cational Exchange Act of 1948 (22 U.S.C. 1476(f)) is
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1 amended by striking ‘‘September 30, 1995’’ and inserting

2 ‘‘March 1, 1997’’.

3 (c) TECHNICAL CORRECTION.—Section 314(2)(B) of

4 the Foreign Relations Authorization Act, Fiscal Years

5 1994 and 1995 (22 U.S.C. 6213(2)(B)) is amended by

6 striking ‘‘section 307(e)’’ and inserting ‘‘section 308(d)’’.

7 (d) RADIO BROADCASTING TO CUBA.—Section 4 of

8 the Radio Broadcasting to Cuba Act (22 U.S.C. 1465b)

9 is amended by striking ‘‘Director of the Voice of America’’

10 and inserting ‘‘Director of the International Broadcasting

11 Bureau’’.

12 (e) TELEVISION BROADCASTING TO CUBA.—Section

13 244(a) of the Television Broadcasting to Cuba Act (22

14 U.S.C. 1465cc(a)) is amended by striking in the third sen15 tence thereof ‘‘Voice of America’’ and inserting ‘‘Inter16 national Broadcasting Bureau’’.

17 (f) INTERNATIONAL BROADCASTING BUREAU.—Sec18 tion 307 of the Foreign Relations Authorization Act, Fis19 cal Years 1994 and 1995 (Public Law 103–236) is amend20 ed by adding at the end the following new subsection:

21 ‘‘(g) CONSOLIDATION OF ENGINEERING FUNC22 TION.—For the purpose of achieving economies and elimi23 nating duplication, the Director of the United States In24 formation Agency is authorized to appoint, during 1995,

25 up to 15 otherwise qualified United States citizens em-
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1 ployed in the Office of the Vice President for Engineering

2 and Technical Operations of RFE/RL, Incorporated, to

3 the competitive service or the career Foreign Service of

4 the United States Information Agency in accordance with

5 the provisions of title 5 of the United States Code, and

6 without regard to sections 301(b) and 306 of the Foreign

7 Service Act of 1980, governing appointments in the For8 eign Service. Prior service with RFE/RL, Incorporated, by

9 an individual appointed under this subsection shall be

10 credited in determining the length of service of the individ11 ual for reduction in force purposes and toward establish12 ing the career tenure of the individual.’’.

13 (h) USE OF FEES FROM EDUCATIONAL ADVISING.—

14 Section 810 of the United States Information and Edu15 cational Exchange Act of 1948 (22 U.S.C. 1475e) is

16 amended by inserting ‘‘educational advising,’’ after ‘‘li17 brary services,’’.

18 SEC. 418. GENERAL ACCOUNTING OFFICE STUDY OF DUPLI19 CATION AMONG CERTAIN INTERNATIONAL

20 AFFAIRS GRANTEES.

21 (a) STUDY OF CERTAIN GRANTEES FOR DUPLICA22 TION OF FUNCTIONS .—The Comptroller General of the

23 United States shall conduct a study on the purposes and

24 activities of the North/South Center, East-West Center,

25 Asia Foundation, and the National Endowment for De-
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1 mocracy and on the extent to which the activities of these

2 organizations duplicate activities that are conducted else3 where in the United States Government. Such study shall

4 include, but not be limited to, an evaluation of whether

5 such organizations undertake unique activities that are

6 central to the conduct of American foreign policy and that

7 are incapable of being performed directly by an agency of

8 the United States Government.

9 (b) REPORT TO CONGRESS.—Not later than one year

10 after the date of enactment of this Act, the Comptroller

11 General of the United States shall prepare and submit a

12 report of the findings of such study to the Committee on

13 Foreign Relations of the Senate and Committee on Inter14 national Relations of the House of Representatives.

15 SEC. 419. GENERAL ACCOUNTING OFFICE STUDY OF AC16 TIVITIES OF THE NORTH/SOUTH CENTER IN

17 SUPPORT OF THE NORTH AMERICAN FREE

18 TRADE AGREEMENT.

19 (a) STUDY OF CERTAIN ACTIVITIES OF THE NORTH/

20 SOUTH CENTER DURING CONSIDERATION OF THE NORTH

21 AFRICAN FREE TRADE AGREEMENT.—The Comptroller

22 General of the United States shall conduct a study on the

23 activities of the North/South Center located in Miami,

24 Florida that had the affect of encouraging Congress to

25 approve implementing legislation for the North American
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1 Free Trade Agreement. This study shall include, but shall

2 not be limited to, consideration of whether any United

3 States Government funds were used for books (including

4 Assessments of the North American Free Trade Agree5 ment published in 1993), publications, or other activities

6 which had the affect of advocating congressional approval

7 of the North American Free Trade Agreement, and wheth8 er such materials or activities violated any laws, regula9 tions, or guidelines on the use of Federal funds for lobby10 ing activities.

11 (b) REPORT TO CONGRESS.—Not later than six

12 months after the date of enactment of this Act, the Comp13 troller General of the United States shall prepare and sub14 mit a report of the findings of such study to the Commit15 tee on Foreign Relations of the Senate and Committee on

16 International Relations of the House of Representatives.

17 TITLE V—UNITED STATES ARMS

18 CONTROL AND DISAR19 MAMENT AGENCY AND THE

20 AGENCY FOR INTER21 NATIONAL DEVELOPMENT

22 SEC. 501. AUTHORIZATION OF APPROPRIATIONS.

23 (a) FISCAL YEAR 1996.—There are authorized to be

24 appropriated to carry out the Arms Control and Disar-
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1 mament Act (22 U.S.C. 2551 et seq.) $22,700,000 for the

2 fiscal year 1996.

3 (b) FUTURE FISCAL YEARS.—No funds may be obli4 gated or expended by the United States Arms Control and

5 Disarmament Agency after March 1, 1997.

6 SEC. 502. STATUTORY CONSTRUCTION.

7 Section 33 of the Arms Control and Disarmament

8 Act (22 U.S.C. 2573) is amended by adding at the end

9 the following new subsection:

10 ‘‘(c) STATUTORY CONSTRUCTION.—Nothing con11 tained in this chapter shall be construed to authorize any

12 policy or action by any Government agency which would

13 interfere with, restrict, or prohibit the acquisition, posses14 sion, or use of firearms by an individual for the lawful

15 purpose of personal defense, sport, recreation, education,

16 or training.’’.

17 SEC. 503. OPERATING EXPENSES.

18 Section 667(a)(1) of the Foreign Assistance Act of

19 1961 (22 U.S.C. 2427(a)(1)) is amended to read as fol20 lows:

21 ‘‘(1) $432,000,000 for fiscal year 1996 and

22 $389,000,000 for 1997 for necessary operating ex23 penses of the agency primarily responsible for ad24 ministering part I of this Act (other than the office

25 of the inspector general of such agency); and’’.
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1 SEC. 504. OPERATING EXPENSES OF THE OFFICE OF THE

2 INSPECTOR GENERAL.

3 Section 667(a) of the Foreign Assistance Act of 1961

4 (22 U.S.C. 2427(a)), as amended by section 503, is fur5 ther amended—

6 (1) by redesignating paragraph (2) as para7 graph (3);

8 (2) by striking ‘‘and’’ at the end of paragraph

9 (1) (as amended by section 503); and

10 (3) by inserting after paragraph (1) the follow11 ing:

12 ‘‘(2) $35,000,000 for fiscal year 1996 and

13 $31,500,000 for fiscal 1997 for necessary operating

14 expenses of the office of the inspector general of

15 such agency; and’’.

16 TITLE VI—FOREIGN POLICY

17 SEC. 601. REPEAL OF PROVISIONS RELATING TO

18 INTERPARLIAMENTARY GROUPS.

19 The following provisions of law are hereby repealed:

20 (1) Section 109(b) of the Department of State

21 Authorization Act, fiscal years 1984 and 1985 (Pub22 lic Law 98–164) (relating to the British-American

23 Parliamentary Group).

24 (2) Section 109(c) of the Department of State

25 Authorization Act, fiscal years 1984 and 1985 (Pub-
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1 lic Law 98–164) (relating to the United States-Eu2 ropean Community Interparliamentary Group).

3 (3) Joint resolution entitled ‘‘A joint resolution

4 to authorize participation by the United States in

5 parliamentary conference with Canada’’, approved

6 June 11, 1959 (22 U.S.C. 276d–276g).

7 (4) Section 105 of the Legislative Branch Ap8 propriation Act of 1961 (22 U.S.C. 276c–1; relating

9 to reporting requirements for Interparliamentary

10 Groups).

11 (5) The Act entitled ‘‘An Act to authorize par12 ticipation by the United States in the

13 Interparliamentary Union’’, approved June 28, 1935

14 (22 U.S.C. 276–276a–4).

15 (6) The proviso under ‘‘Missions to Inter16 national Organizations’’ in the Departments of State

17 and Justice, the Judiciary, and Related Agencies

18 Appropriations Act of 1959, approved June 30,

19 1958 (Public Law 85–474, as amended).

20 (7) Section 7(a) of the Anglo-Irish Agreement

21 Support Act of 1986 (Public Law 99–415).

22 (8) Section 168 (relating to the British-Amer23 ican Interparliamentary Group) and section 169 (re24 lating to the Parliamentary Assembly of the Organi25 zation on Security and Cooperation in Europe) of
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1 the Foreign Relations Authorization Act, Fiscal

2 Years 1992 and 1993 (22 U.S.C. 276l, 276m).

3 SEC. 602. REPEAL OF EXECUTIVE BRANCH MEMBERSHIP

4 ON THE COMMISSION ON SECURITY AND CO5 OPERATION IN EUROPE.

6 Section 3 of the Act entitled ‘‘An Act to establish a

7 Commission on Security and Cooperation in Europe’’, ap8 proved June 3, 1976 (22 U.S.C. 3003 et seq.) is amend9 ed—

10 (1) by striking ‘‘twenty-one members’’ and in11 serting ‘‘18 members’’; and

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

13 SEC. 603. PERSONS FLEEING COERCIVE POPULATION CON14 TROL POLICIES.

15 Section 101(a)(42) of the Immigration and National16 ity Act (8 U.S.C. 1101(a)(42)) is amended by adding at

17 the end the following: ‘‘For purposes of determinations

18 under this Act, a person who has been forced to abort

19 a pregnancy or to undergo involuntary sterilization, or

20 who has been persecuted for failure or refusal to undergo

21 such a procedure or for other resistance to a coercive pop22 ulation control program, shall be deemed to have been per23 secuted on account of political opinion and a person who

24 has a well-founded fear that he or she will be forced to

25 undergo such a procedure or be subjected to persecution
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1 for such failure, refusal, or resistance shall be deemed to

2 have a well-founded fear of persecution on account of po3 litical opinion.’’.

4 SEC. 604. AUTHORIZED PAYMENTS AND TRANSFERS.

5 The Secretary of the Treasury shall approve all appli6 cations for licenses that meet the criteria of section

7 575.510 of title 31, Code of Federal Regulations, as in

8 effect on January 18, 1991, notwithstanding the failure

9 of such applications to satisfy the requirement that the

10 letter of credit be issued or confirmed by a United States

11 bank or that the letter of credit reimbursement be con12 firmed by a United States bank. Licenses pursuant to this

13 section shall be issued within 30 days of the date of enact14 ment of this Act.

15 SEC. 605. REPORTS REGARDING HONG KONG.

16 (a) EXTENSION OF REPORTING REQUIREMENT.—

17 Section 301 of the United States-Hong Kong Policy Act

18 of 1992 (22 U.S.C. 5731) is amended in the text above

19 paragraph (1)—

20 (1) by inserting ‘‘March 31, 1996,’’ after

21 ‘‘March 31, 1995,’’; and

22 (2) by striking ‘‘and March 31, 2000,’’ and in23 serting ‘‘March 31, 2000, and every year there24 after,’’.
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1 (b) ADDITIONAL REQUIREMENTS.—In light of defi2 ciencies in reports submitted to the Congress pursuant to

3 section 301 of the United States-Hong Kong Policy Act

4 (22 U.S.C. 5731), the Congress directs that reports re5 quired to be submitted under that section on or after the

6 date of enactment of this Act include detailed information

7 on the status of, and other developments affecting, imple8 mentation of the Sino-British Joint Declaration on the

9 Question of Hong Kong, including—

10 (1) the Basic Law and its consistency with the

11 Joint Declaration;

12 (2) the openness and fairness of elections to the

13 legislature;

14 (3) the openness and fairness of the election of

15 the chief executive and the executive’s accountability

16 to the legislature;

17 (4) the treatment of political parties;

18 (5) the independence of the judiciary and its

19 ability to exercise the power of final judgment over

20 Hong Kong law; and

21 (6) the Bill of Rights.

22 SEC. 606. APPLICABILITY OF TAIWAN RELATIONS ACT.

23 Section 3 of the Taiwan Relations Act (22 U.S.C.

24 3302) is amended by adding at the end the following new

25 subsection:
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1 ‘‘(d) The provisions of subsections (a) and (b) super2 sede any provision of the Joint Communique of the United

3 States and China of August 17, 1982.’’.

4 SEC. 607. TAIPEI REPRESENTATIVE OFFICE.

5 For purposes of carrying out its activities in the Unit6 ed States, the instrumentality known as the Taipei Eco7 nomic and Cultural Representative Office as of the date

8 of enactment of this Act shall, on and after such date,

9 be known as the ‘‘Taipei Representative Office’’.

10 SEC. 608. REPORT ON OCCUPIED TIBET.

11 (a) FINDINGS AND DECLARATIONS OF CONGRESS.—

12 The Congress makes the following findings and declara13 tions:

14 (1) Historically, Tibet has demonstrated those

15 attributes which under international law constitute

16 statehood. It has had a defined territory and a per17 manent population, been under the control of its

18 own government, and has engaged in, or had the ca19 pacity to engage in, formal relations with other

20 states.

21 (2) Between 1951 and 1959, Tibet was forcibly

22 and coercively incorporated into the People’s Repub23 lic of China as an ‘‘autonomous region’’.

24 (3) Because Tibet’s incorporation into the Peo25 ple’s Republic of China was involuntary, under inter-
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1 national law it is an occupied sovereign country and

2 its true representatives continue to be the Dalai

3 Lama and the Tibetan Government-in-exile.

4 (4) Because the Tibetan people are historically,

5 territorially, and culturally distinct from the Han

6 Chinese population in the People’s Republic of

7 China, and because of the involuntary loss of their

8 sovereignty, they are entitled to the right of self-de9 termination.

10 (5) Credible evidence exists which demonstrates

11 that the Government of the People’s Republic of

12 China has consistently denied the Tibetan people

13 that right, and instead have subjected them to a se14 rious pattern of human rights abuses. For example,

15 in 1960 the International Commission of Jurists

16 found that the Chinese authorities in Tibet had vio17 lated sixteen articles of the United Nations Human

18 Rights Declaration.

19 (6) Tibet is an occupied sovereign country

20 under international law and its true representatives

21 are the Dalai Lama and the Tibetan Government in

22 exile.

23 (7) The United States should seek to establish

24 a dialogue with those recognized by Congress as the

25 true representatives of the Tibetan people, the Dalai
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1 Lama, his representatives, and the Tibetan Govern2 ment in exile, concerning the situation in Tibet and

3 the future of the Tibetan people and to expand and

4 strengthen United States-Tibet cultural and edu5 cational relations, including promoting bilateral ex6 changes arranged directly with the Tibetan Govern7 ment in exile.

8 (b) REPORT ON UNITED STATES-TIBET RELA9 TIONS.— Not later than 6 months after the date of enact10 ment of this Act, and every 12 months thereafter, the Sec11 retary of State shall transmit to the Chairman of the Com12 mittee on Foreign Relations and the Speaker of the House

13 of Representatives a report on the state of relations be14 tween the United States and those recognized by Congress

15 as the true representatives of the Tibetan people, the

16 Dalai Lama, his representatives, and the Tibetan Govern17 ment in exile, and on conditions in Tibet.

18 (c) SEPARATE TIBET REPORTS.—

19 (1) It is the sense of the Congress that when20 ever an executive branch report is transmitted to the

21 Congress on a country-by-country basis there should

22 be included in such report, where applicable, a sepa23 rate report on Tibet listed alphabetically with its

24 own state heading.
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1 (2) The reports referred to in paragraph (1) in2 clude, but are not limited to, reports transmitted

3 under sections 116(d) and 502B(b) of the Foreign

4 Assistance Act of 1961 (relating to human rights).

5 SEC. 609. SPECIAL ENVOY FOR TIBET ACT OF 1995.

6 (a) SHORT TITLE.—This section may be cited as the

7 ‘‘Special Envoy for Tibet Act of 1995’’.

8 (b) FINDINGS.—The Congress finds that—

9 (1) the Government of the People’s Republic of

10 China withholds meaningful participation in the gov11 ernance of Tibet from Tibetans and has failed to

12 abide by its own constitutional guarantee of auton13 omy for Tibetans;

14 (2) the Government of the People’s Republic of

15 China is responsible for the destruction of much of

16 Tibet’s cultural and religious heritage since 1959

17 and continues to threaten the survival of Tibetan

18 culture and religion;

19 (3) the Government of the People’s Republic of

20 China, through direct and indirect incentives—

21 (A) has established discriminatory develop22 ment and other programs which have resulted

23 in an overwhelming flow of Chinese immigrants

24 into Tibet, including those areas incorporated
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1 into the Chinese provinces of Sichuan, Yunnan,

2 Gansu, and Qinghai; and

3 (B) has excluded Tibetans from participa4 tion in important policy decisions, further

5 threatening traditional Tibetan life;

6 (4) the Government of the People’s Republic of

7 China denies Tibetans their fundamental human

8 rights, as reported in the Department of State’s

9 Country Reports on Human Rights Practices for

10 1993;

11 (5) the President and the Congress have deter12 mined that the promotion of human rights in Tibet

13 and the protection of Tibet’s religion and culture are

14 important elements in United States-China relations

15 and have urged senior members of the Government

16 of the People’s Republic of China to enter into sub17 stantive negotiations on these matters with the Dalai

18 Lama or his representative; and

19 (6) the Government of the People’s Republic of

20 China has failed to respond in a good faith manner

21 by reciprocating a willingness to begin negotiations

22 without preconditions, and no substantive negotia23 tions have begun.

24 (c) POSITION OF UNITED STATES SPECIAL ENVOY

25 FOR TIBET.—
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1 (1) ESTABLISHMENT OF POSITION.—There

2 shall be within the Department of State a United

3 States Special Envoy for Tibet, who shall be ap4 pointed by the President, by and with the advice and

5 consent of the Senate. The United States Special

6 Envoy for Tibet shall hold office at the pleasure of

7 the President.

8 (2) RANK OF AMBASSADOR.—The United

9 States Special Envoy for Tibet shall have the per10 sonal rank of ambassador.

11 (d) RESPONSIBILITIES.—

12 (1) AUTHORITIES.—The United States Special

13 Envoy for Tibet is authorized and encouraged—

14 (A) to promote substantive negotiations be15 tween the Dalai Lama or his representatives

16 and senior members of the Government of the

17 People’s Republic of China;

18 (B) to promote good relations between the

19 Dalai Lama and his representatives and the

20 United States Government, including meeting

21 with members or representatives of the Tibetan

22 Government-in-exile; and

23 (C) to travel regularly throughout Tibet

24 and Tibetan refugee settlements.
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1 (2) DUTIES.—The United States Special Envoy

2 for Tibet shall—

3 (A) consult with the Congress on policies

4 relevant to Tibet and the future and welfare of

5 all Tibetan people;

6 (B) coordinate United States Government

7 policies, programs, and projects concerning

8 Tibet; and

9 (C) report to the Secretary of State re10 garding the matters described in section

11 536(a)(2) of the Foreign Relations Authoriza12 tion Act, Fiscal Years 1994 and 1995 (Public

13 Law 103–236).

14 SEC. 610. PROHIBITION ON USE OF FUNDS TO FACILITATE

15 IRAQI REFUGEE ADMISSIONS INTO THE UNIT16 ED STATES.

17 None of the funds authorized to be appropriated by

18 this or any other Act may be used for resettlement in the

19 United States, or to provide education, medical examina20 tions, training, screening, or otherwise facilitate the ad21 mission into the United States of Iraqi nationals seeking

22 refugee status in the United States who are in Saudi Ara23 bia or Turkey as of the date of enactment of this Act.
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1 SEC. 611. PROHIBITION OF ARTICLES USING FORCED

2 LABOR.

3 (a) IN GENERAL.—Notwithstanding any other provi4 sion of law, no product of the People’s Republic of China

5 shall enter or be imported into the United States unless—

6 (1) the Secretary of the Treasury (hereafter in

7 this section referred to as the ‘‘Secretary’’) deter8 mines that such product is not the product of forced

9 labor,

10 (2) the determination described in paragraph

11 (1) is based on consultations described in subsection

12 (b), and

13 (3) the importer of any product of the People’s

14 Republic of China submits a certification to the Sec15 retary in accordance with subsection (c).

16 (b) RIGHT OF INSPECTION AND CONSULTATION.—

17 The United States shall use all diplomatic efforts to per18 suade the People’s Republic of China to permit represent19 atives of international humanitarian and intergovern20 mental organizations, such as the International Commit21 tee of the Red Cross, to periodically inspect all camps,

22 prisons, and other facilities holding detainees and the Sec23 retary shall consult with representatives of such organiza24 tions in order to determine that products of the People’s

25 Republic of China which are for export are not being pro26 duced with the use of forced labor.
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1 (c) CERTIFICATION.—The Secretary of the Treasury,

2 in consultation with the Secretary of State, shall prescribe

3 the form, content, and manner of submission of the certifi4 cation (including documentation) required in connection

5 with the entry or importation into the United States of

6 any product, growth, or manufactured article of the Peo7 ple’s Republic of China. Such certification shall satisfy the

8 Secretary that the importer has taken steps to ensure that

9 such product was not produced, grown, or manufactured

10 with the use of forced labor.

11 (d) PENALTIES.—

12 (1) UNLAWFUL ACTS.—It is unlawful to—

13 (A) knowingly enter or import into the

14 United States any product or article if such im15 portation is prohibited under subsection (a), or

16 (B) make a false certification under sub17 section (c).

18 (2) CIVIL PENALTIES.—Any person or entity

19 who violates paragraph (1) shall be subject to a civil

20 penalty of—

21 (A) not more than $10,000 for the first

22 violation,

23 (B) not more than $100,000 for the sec24 ond violation, and
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1 (C) not more than $1,000,000 for more

2 than two violations.

3 (3) CONSTRUCTION.—Except as provided in

4 paragraph (2), the unlawful acts described in para5 graph (1) shall be treated as violations of the cus6 toms laws for purposes of applying the enforcement

7 provisions of the Tariff Act of 1930 (19 U.S.C.

8 1581 through 1641).

9 (e) DEFINITIONS.—For purposes of this section:

10 (1) FORCED LABOR.—The term ‘‘forced labor’’

11 means all work or service which is exacted from any

12 person under the menace of any penalty for its non13 performance and for which the worker does not offer

14 himself voluntarily.

15 (2) PRODUCT.—A product shall be treated as

16 being a product of forced labor if—

17 (A) the article was fabricated, assembled,

18 or processed, in whole or in part;

19 (B) contains any part that was fabricated,

20 assembled, or processed in whole or in part; or

21 (C) was grown, harvested, mined, quarried,

22 pumped, or extracted,

23 with the use of forced labor.

24 (3) ENTER, IMPORT, ETC.—The term ‘‘entry’’,

25 ‘‘enter or be imported’’, ‘‘import’’, or ‘‘importation’’
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1 means entered, or withdrawn from warehouse for

2 consumption, in the customs territory of the United

3 States.

4 SEC. 612. FORFEITURE OF SLAVE-MADE PRODUCTS.

5 The Tariff Act of 1930 (46 Stat. 590) is amended

6 by adding after section 307 (19 U.S.C. 1307) the follow7 ing new section:

8 ‘‘SEC. 307A. FORFEITURE OF SLAVE-MADE PRODUCTS.

9 ‘‘Merchandise imported in violation of section 307

10 shall be subject to seizure, forfeiture, and destruction

11 under the customs laws of the United States.’’.

12 SEC. 613. SPECIAL ENVOY FOR NAGORNO-KARABAKH.

13 It is the sense of Congress that the President should

14 immediately appoint a special envoy having the rank of

15 Ambassador to offer assistance in facilitating a negotiated

16 settlement to the conflict in Nagorno-Karabakh and to

17 press for the development of an oil pipeline through Azer18 baijan, Armenia, and Turkey.

19 SEC. 614. REPORT TO CONGRESS CONCERNING CUBAN EMI20 GRATION POLICIES.

21 Beginning 3 months after the date of the enactment

22 of this Act, and every 6 months thereafter, the President

23 shall transmit a report to the appropriate congressional

24 committees concerning the methods employed by the Gov25 ernment of Cuba to enforce the United States-Cuba agree-
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1 ment of September 1994 to restrict the emigration of the

2 Cuban people from Cuba to the United States, and the

3 treatment by the Government of Cuba of persons who have

4 been returned to Cuba pursuant to the United States5 Cuba agreement of May 1995. Each report transmitted

6 pursuant to this section shall include a detailed account

7 of United States efforts to monitor such enforcement and

8 treatment.

9 SEC. 615. EFFORTS AGAINST EMERGING INFECTIOUS DIS10 EASES.

11 (a) PRIORITIZATION.—The President shall give ur12 gent priority to the strengthening of efforts against emerg13 ing infectious diseases through the development of appro14 priate United States Government strategies and response

15 mechanisms.

16 (b) STRATEGIC PLAN.—Not later than February 1,

17 1996, the President shall submit to the Speaker of the

18 House of Representatives and the Committee on Foreign

19 Relations of the Senate a report outlining a United States

20 strategic plan, in cooperation with the international public

21 health infrastructure, to identify and respond to the threat

22 of emerging infectious diseases to the health of the people

23 of the United States.
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1 SEC. 616. REPORT ON FIRMS ENGAGED IN EXPORT OF

2 DUAL-USE ITEMS.

3 The Under Secretary of State for International Secu4 rity shall submit a report to Congress no later than 180

5 days after the date of enactment of this Act, and every

6 180 days thereafter until 1998, detailing an organizational

7 plan to include those firms on the Department of State

8 licensing watch-lists that engage in the exportation of po9 tentially sensitive or dual-use technologies and have been

10 identified or tracked by similar systems maintained by the

11 Department of Defense, Department of Commerce, or the

12 United States Customs Service. The report shall also de13 tail further measures to be taken to strengthen United

14 States export-control mechanisms.

15 SEC. 617. PROHIBITION ON THE TRANSFER OF ARMS TO IN16 DONESIA.

17 Consistent with section 582 of Public Law 103–306,

18 the United States is prohibited from selling or licensing

19 for export to the Government of Indonesia light arms,

20 small weapons, and crowd control ordnances, including

21 helicopter-mounted equipment, until the Secretary of

22 State determines and reports to the Committee on Foreign

23 Relations of the Senate and the Committee on Inter24 national Relations of the House of Representatives that

25 there has been significant progress made on human rights

26 in East Timor and elsewhere in Indonesia, including—
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1 (1) compliance with the recommendations in the

2 United Nations Special Rapporteur’s January 1992

3 report and the March 1993 recommendations of the

4 United Nations Human Rights Commission;

5 (2) significant reduction in Indonesia’s troop

6 presence in East Timor;

7 (3) thorough and impartial investigation of

8 gangs and violent civilian groups operating in East

9 Timor;

10 (4) improved access to East Timor for Indo11 nesian and international human rights and humani12 tarian organizations and journalists, including the

13 deployment of United Nations human rights mon14 itors if so requested;

15 (5) constructive participation in the United Na16 tions Secretary General’s efforts to resolve the sta17 tus of East Timor; and

18 (6) greater local control over political, economic,

19 and cultural affairs, with an aim toward resolving

20 the future status of East Timor.
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1 DIVISION B—CONSOLIDATION

2 AND REINVENTION OF FOR3 EIGN AFFAIRS AGENCIES

4 SEC. 1001. SHORT TITLE.

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

6 Reinvention Act of 1995’’.

7 SEC. 1002. PURPOSES.

8 The purposes of this division are—

9 (1) to consolidate and reinvent foreign affairs

10 agencies of the United States within the Department

11 of State;

12 (2) to provide for the reorganization of the De13 partment of State to maximize efficient use of re14 sources, eliminate redundancy in functions, and im15 prove the management of the State Department;

16 (3) to assist congressional efforts to balance the

17 Federal budget by the year 2002;

18 (4) to ensure that the international affairs

19 budget function shoulders an appropriate share of

20 the reductions in United States Government spend21 ing necessary to eliminate the $4,800,000,000,000

22 budget deficit;

23 (5) to strengthen—

24 (A) the coordination of United States for25 eign policy;
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1 (B) the leading role of the Secretary of

2 State in the formulation and articulation of

3 United States foreign policy;

4 (C) the authority of United States ambas5 sadors over all United States Government per6 sonnel and resources located in United States

7 diplomatic missions, in order to enhance the

8 ability of the ambassadors to deploy those re9 sources to the best effect that will attain the

10 President’s foreign policy objectives; and

11 (D) the United States Foreign Service, as

12 the forward deployed civilian force of the Unit13 ed States Government, through the creation of

14 a Unified Foreign Service, with renewed empha15 sis on the original principles which undergird

16 the distinct Foreign Service personnel system.

17 These include worldwide availability, assign18 ments based on the needs of the service, rank

19 in person, and merit-based advancement;

20 (6) to abolish, not later than March 1, 1997,

21 the United States Arms Control and Disarmament

22 Agency, the United States Information Agency, the

23 International Development Cooperation Agency, and

24 the Agency for International Development;
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1 (7) to encourage United States foreign affairs

2 agencies to maintain a high percentage of the best

3 qualified, most competent American citizens serving

4 in the United States Government while downsizing

5 significantly the total number of people employed by

6 these agencies; and

7 (8) to ensure that all functions of diplomacy be

8 subject to recruitment, training, assignment, pro9 motion and egress based on common standards and

10 procedures, with maximum interchange among the

11 functions.

12 TITLE XI—ORGANIZATION OF

13 THE DEPARTMENT OF STATE

14 AND FOREIGN SERVICE

15 SEC. 1101. OFFICE OF THE SECRETARY OF STATE.

16 (a) SECRETARY OF STATE.—Section 1 of the State

17 Department Basic Authorities of 1956 (22 U.S.C. 2651a)

18 is amended—

19 (1) by redesignating paragraphs (3) and (4) as

20 paragraphs (4) and (5), respectively; and

21 (2) by inserting after paragraph (2) the follow22 ing new paragraph:

23 ‘‘(3) The Secretary shall serve as the principal

24 foreign policy adviser to the President and shall,

25 under the direction of the President, be responsible
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1 for the overall direction, coordination, and super2 vision of United States foreign relations and for the

3 interdepartmental activities of the United States

4 Government abroad.’’.

5 (b) DEPUTY SECRETARY.—Section 1(b) of the State

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

7 2651a(b)) is amended to read as follows:

8 ‘‘(b) DEPUTY SECRETARY.—(1) There shall be within

9 the Department of State a Deputy Secretary of State, who

10 shall be appointed by the President, by and with the advice

11 and consent of the Senate.

12 ‘‘(2) The Deputy Secretary shall have primary re13 sponsibility, which may not be delegated, to assure ade14 quate foreign policy coordination with respect to the inter15 national activities of other agencies and development enti16 ties.

17 ‘‘(3) The Deputy Secretary shall act for, and exercise

18 the powers of, the Secretary during his absence or disabil19 ity or during a vacancy in the office of the Secretary.’’.

20 (c) AMERICA DESK.—Section 1(c) of the State De21 partment Basic Authorities Act of 1956 (22 U.S.C.

22 2651a(c)) is amended to read as follows:

23 ‘‘(c) AMERICA DESK.—(1)(A) The Secretary shall es24 tablish and maintain staff within the office of the Sec25 retary that shall be responsible for ensuring that adequate
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1 consideration is afforded to United States commercial and

2 business interests in the formulation of United States for3 eign policy.

4 ‘‘(B) The staff established under subparagraph (A)

5 may be referred to as the ‘America Desk’.

6 ‘‘(2) The America Desk shall also serve as an om7 budsman and as a point of liaison to United States com8 mercial and economic interests and to provide policy9 makers with input that will help keep policy responsive

10 to the needs of United States citizens.

11 ‘‘(3) In addition, in the event of certain foreign emer12 gencies or crises affecting United States citizens, the

13 America Desk shall help energize the Department’s re14 sources in a coordinated response.’’.

15 (d) RESOURCES, POLICY, AND PLANNING STAFF.—

16 Section 1 of the State Department Basic Authorities Act

17 of 1956 (22 U.S.C. 2651a) is amended—

18 (1) by striking subsection (e);

19 (2) by redesignating subsection (d) as sub20 section (e); and

21 (3) by amending subsection (d) to read as fol22 lows:

23 ‘‘(d) RESOURCES, POLICY, AND PLANNING STAFF.—

24 (1) The Secretary shall establish and maintain a Re25 sources, Policy, and Planning Staff within the office of
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1 the Secretary to provide the Secretary, the Deputy Sec2 retary of State, and the Under Secretaries of State precise

3 information on and recommendations concerning the re4 source implications of foreign policy proposals.

5 ‘‘(2) The staff shall be responsible to ensure that the

6 Secretary of State has an independent assessment of the

7 budgetary impact of foreign policy proposals.’’.

8 (e) ASSUMPTION OF DUTIES BY INCUMBENT AP9 POINTEES.—An individual holding an office immediately

10 prior to the date of enactment of this Act—

11 (1) who was appointed to the office by the

12 President, by and with the advice and consent of the

13 Senate; and

14 (2) who performs duties substantially similar to

15 the duties of an office created or proposed to be cre16 ated under the amendments of this section,

17 may, in the discretion of the Secretary of State, assume

18 the duties of such new office, and shall not be required

19 to be reappointed by reason of the enactment of this sec20 tion.

21 SEC. 1102. UNDER SECRETARIES.

22 (a) AMENDMENT TO THE STATE DEPARTMENT

23 BASIC AUTHORITIES ACT.—The State Department Basic

24 Authorities Act of 1956 (22 U.S.C. 2651a et seq.) is
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1 amended by inserting after section 1 the following new

2 section:

3 ‘‘SEC. 1A. UNDER SECRETARIES OF STATE.

4 ‘‘(a) IN GENERAL.—(1) There shall be in the Depart5 ment of State not more than the following five Under Sec6 retaries of State, who shall be appointed by the President,

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

8 ‘‘(A) The Under Secretary of State for Policy.

9 ‘‘(B) The Under Secretary of State for Export,

10 Trade, Economics, and Business.

11 ‘‘(C) The Under Secretary of State for Inter12 national Security.

13 ‘‘(D) The Under Secretary of State for Public

14 Diplomacy.

15 ‘‘(E) The Under Secretary of State for Manage16 ment.

17 ‘‘(2) The responsibilities of the Under Secretaries of

18 State include, but are not limited to, the responsibilities

19 provided for in this section.

20 ‘‘(b) UNDER SECRETARY OF STATE FOR POLICY.—

21 ‘‘(1) IN GENERAL.—There is an Under Sec22 retary of State for Policy.

23 ‘‘(2) RESPONSIBILITIES.—The Under Secretary

24 of State for Policy shall be responsible to the Sec-
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1 retary of State and the Deputy Secretary of State

2 for the following:

3 ‘‘(A) Assisting in the development, imple4 mentation, and conduct of foreign policy and

5 foreign assistance policy.

6 ‘‘(B) Determining the policy goals and

7 functions of United States diplomatic missions

8 and ensuring that overall mission staffing re9 flects policy priorities.

10 ‘‘(C) Ensuring policy coordination of all

11 international programs carried out by the de12 partments and agencies of the Federal Govern13 ment in the areas within the responsibilities of

14 the Under Secretary.

15 ‘‘(3) OFFICE OF THE UNDER SECRETARY.—

16 There shall be within the Office of the Under Sec17 retary for Policy the Office of Enterprise Fund Co18 ordination which shall ensure that programs of en19 terprise funds support regional policy goals, are well

20 managed and audited, and are sufficiently capital21 ized.

22 ‘‘(c) UNDER SECRETARY OF STATE FOR EXPORT,

23 TRADE, ECONOMICS, AND BUSINESS.—
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1 ‘‘(1) IN GENERAL.—There is an Under Sec2 retary of State for Export, Trade, Economics, and

3 Business.

4 ‘‘(2) RESPONSIBILITIES.—(A) The Under Sec5 retary of State for Export, Trade, Economics, and

6 Business shall be responsible to the Secretary of

7 State and the Deputy Secretary of State for the fol8 lowing:

9 ‘‘(i) Assisting in the development, imple10 mentation, and conduct of foreign policy and

11 foreign assistance policy with respect to export

12 promotion, trade, economics, and business and

13 with respect to science and environmental mat14 ters and the oceans.

15 ‘‘(ii) Overseeing international programs

16 with respect to the matters referred to in sub17 paragraph (A) that are carried out by the de18 partments and agencies of the Federal Govern19 ment other than the Department of State.

20 ‘‘(B) The Under Secretary shall be the rep21 resentative of the Department of State on the Trade

22 Promotion Coordinating Committee established

23 under section 2312 of the Export Enhancement Act

24 of 1988 (15 U.S.C. 4724).
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1 ‘‘(d) UNDER SECRETARY OF STATE FOR INTER2 NATIONAL SECURITY.—

3 ‘‘(1) IN GENERAL.—There is an Under Sec4 retary of State for International Security.

5 ‘‘(2) RESPONSIBILITIES.—The Under Secretary

6 of State for International Security shall be respon7 sible to the Secretary of State and the Deputy Sec8 retary of State for the following:

9 ‘‘(A) Assisting in the development of policy

10 relating to matters of international security, in11 cluding arms control and nonproliferation,

12 international narcotics and crime control, refu13 gee and migration affairs, emergency humani14 tarian issues, and foreign assistance issues re15 lated thereto.

16 ‘‘(B) Advising on matters of arms control

17 and disarmament, arms sales, and nonprolifera18 tion of weapons of mass destruction.

19 ‘‘(3) OFFICE OF THE UNDER SECRETARY.—

20 There shall be within the Office of the Under Sec21 retary of State for International Security—

22 ‘‘(A) the Coordinator for Economic Sup23 port Funds-Foreign Military Financing, who

24 shall seek to assure that programs under chap25 ter 4 of part II of the Foreign Assistance Act
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1 of 1961 and under section 23 of the Arms Ex2 port Control Act reflect United States foreign

3 policy objectives; and

4 ‘‘(B) the Coordinator for Counter-Terror5 ism, who shall develop, coordinate, and oversee

6 the implementation of, the policy of the Depart7 ment of State to counter acts of international

8 terrorism.

9 ‘‘(e) UNDER SECRETARY OF STATE FOR PUBLIC DI10 PLOMACY.—

11 ‘‘(1) IN GENERAL.—There is an Under Sec12 retary of State for Public Diplomacy.

13 ‘‘(2) RESPONSIBILITIES.—The Under Secretary

14 of State for Public Diplomacy shall be responsible to

15 the Secretary of State and the Deputy Secretary of

16 State for the following:

17 ‘‘(A) Assisting in the development, imple18 mentation, and conduct of United States policy

19 on public diplomacy, including international ex20 change programs and international broadcast21 ing.

22 ‘‘(B) Coordinating international exchange

23 programs that are carried out by departments

24 and agencies of the Federal Government other

25 than the Department of State.
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1 ‘‘(C) Disseminating information, including

2 the use and maintenance of electronic informa3 tion capabilities, such as the wireless file, and

4 library and overseas resource centers.

5 ‘‘(i) providing information to the pub6 lic outside the United States on United

7 States foreign policy and assistance policy;

8 and

9 ‘‘(ii) providing to the Secretary of

10 State information on public reaction, for11 eign attitudes and media reaction to Unit12 ed States foreign policy.

13 ‘‘(3) OFFICE OF THE UNDER SECRETARY.—

14 There shall be within the office of the Under Sec15 retary of State of Public Diplomacy the Press Office

16 and Spokesperson which shall carry out domestic li17 aison activities, including authority over the current

18 foreign press centers in the United States.

19 ‘‘(f) UNDER SECRETARY OF STATE FOR MANAGE20 MENT.—

21 ‘‘(1) IN GENERAL.—There is an Under Sec22 retary of State for Management.

23 ‘‘(2) RESPONSIBILITIES.—The Under Secretary

24 of State for Management shall be responsible to the
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1 Secretary of State and the Deputy Secretary of

2 State for the following:

3 ‘‘(A) Assisting in the development, imple4 mentation, and conduct of policy for the man5 agement of the Department of State, including

6 the management of United States diplomatic

7 missions and consular posts abroad.

8 ‘‘(B) Assuring adequate management sup9 port for the conduct of United States foreign

10 policy and foreign assistance policy, including

11 personnel staffing levels adequate to support

12 the overall foreign policy objectives.

13 ‘‘(C) Developing and implementing policy

14 on consular programs.’’.

15 (b) ASSUMPTION OF DUTIES BY INCUMBENT AP16 POINTEES.—An individual holding an office immediately

17 prior to the date of enactment of this Act—

18 (1) who was appointed to the office by the

19 President, by and with the advice and consent of the

20 Senate; and

21 (2) who performs duties substantially similar to

22 the duties of an office created or proposed to be cre23 ated under section 1A of the State Department

24 Basic Authorities Act of 1956,
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1 may, in the discretion of the Secretary of State, assume

2 the duties of such new office, and shall not be required

3 to be reappointed by reason of the enactment of that sec4 tion.

5 SEC. 1103. ASSISTANT SECRETARIES OF STATE.

6 (a) AMENDMENT TO THE STATE DEPARTMENT

7 BASIC AUTHORITIES ACT.—The State Department Basic

8 Authorities Act of 1956 (22 U.S.C. 2651a et seq.) is

9 amended by inserting after section 1A, as added by section

10 1102, the following new section:

11 ‘‘SEC. 1B. ASSISTANT SECRETARIES OF STATE.

12 ‘‘(a) IN GENERAL.—(1) There shall be in the Depart13 ment of State not more than 20 Assistant Secretaries of

14 State, who shall be appointed by the President, by and

15 with the advice and consent of the Senate. The responsibil16 ities of the Assistant Secretaries of State include, but are

17 not limited to, the responsibilities provided for in this sec18 tion.

19 ‘‘(2) Under each Assistant Secretary of State having

20 regional responsibilities described in paragraphs (1)

21 through (6) of subsection (b), there should be a Deputy

22 Assistant Secretary of State for Trade, and Development

23 Assistance.

24 ‘‘(b) ASSISTANT SECRETARIES REPORTING TO THE

25 UNDER SECRETARY OF STATE FOR POLICY.—The follow-
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1 ing Assistant Secretaries of State should be subject to the

2 supervision and policy guidance of the Under Secretary

3 of State for Policy and should have the following respon4 sibilities:

5 ‘‘(1) ASSISTANT SECRETARY FOR INTER-AMER6 ICAN AFFAIRS.—There should be an Assistant Sec7 retary of State for Inter-American Affairs who

8 should assist in the development and implementation

9 of United States foreign policy and foreign assist10 ance policy with respect to the Western Hemisphere.

11 ‘‘(2) ASSISTANT SECRETARY FOR WESTERN

12 AND CENTRAL EUROPEAN AFFAIRS.—There should

13 be an Assistant Secretary of State for Western and

14 Central European Affairs who should assist in the

15 development and implementation of United States

16 foreign policy and foreign assistance policy with re17 spect to Western and Central Europe.

18 ‘‘(3) ASSISTANT SECRETARY FOR ASIAN AND

19 PACIFIC AFFAIRS.—There should be an Assistant

20 Secretary of State for Asian and Pacific Affairs who

21 should assist in the development and implementation

22 of United States foreign policy and foreign assist23 ance policy with respect to Asia and the Pacific.

24 ‘‘(4) ASSISTANT SECRETARY FOR AFRICAN AF25 FAIRS.—There should be an Assistant Secretary of
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1 State for African Affairs who should assist in the

2 development and implementation of United States

3 foreign policy and foreign assistance policy with re4 spect to Africa.

5 ‘‘(5) ASSISTANT SECRETARY FOR NEAR EAST6 ERN AFFAIRS.—There should be an Assistant Sec7 retary of State for Near Eastern Affairs who should

8 assist in the development and implementation of

9 United States foreign policy and foreign assistance

10 policy with respect to the Near East.

11 ‘‘(6) ASSISTANT SECRETARY FOR EASTERN EU12 ROPE AND CENTRAL ASIA AFFAIRS.—There should

13 be an Assistant Secretary of State for Eastern Eu14 rope and Central Asia Affairs who should assist in

15 the development and implementation of United

16 States foreign policy and foreign assistance policy

17 with respect to Armenia, Azerbaijan, Georgia,

18 Kazakstan, Kyrgyzstan, Russia, Tajikistan,

19 Turkmenistan, and Uzbekistan.

20 ‘‘(7) ASSISTANT SECRETARY FOR INTER21 NATIONAL ORGANIZATIONS.—There should be an As22 sistant Secretary for International Organizations

23 who should have the rank and status of Ambassador

24 Extraordinary and Plenipotentiary and who—
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1 ‘‘(A) should serve as the Permanent Rep2 resentative of the United States to the United

3 Nations;

4 ‘‘(B) may serve ex officio as representative

5 of the United States in any organ, commission,

6 or other body of any international organization

7 other than a specialized agency of the United

8 Nations;

9 ‘‘(C) should develop, coordinate, and imple10 ment United States policy in the United Na11 tions, specialized agencies, and other inter12 national organizations, including United States

13 policy on issues relating to United Nations

14 peacekeeping activities;

15 ‘‘(D) should ensure that the United States

16 participates in international organizations in a

17 consistent fashion; and

18 ‘‘(E) should manage United States partici19 pation in multilateral conferences, including ac20 crediting and instructing United States delega21 tions to such conferences and providing rep22 resentational and logistical support to such del23 egations.

24 ‘‘(8) ASSISTANT SECRETARY FOR DEMOCRACY

25 AND HUMAN RIGHTS.—There should be an Assistant
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1 Secretary of State for Democracy and Human

2 Rights, who should—

3 ‘‘(A) develop, coordinate, and implement

4 United States policy and programs for the pro5 motion of freedom, democracy, respect for

6 human rights, and similar matters around the

7 world;

8 ‘‘(B) support and provide advice to the re9 gional Assistant Secretaries of State referred to

10 in paragraphs (1) through (6) in the promotion

11 of the matters referred to in subparagraph (A);

12 ‘‘(C) serve as liaison with nongovernmental

13 organizations that are active in the promotion

14 of such matters;

15 ‘‘(D) prepare the annual report of the De16 partment of State on human rights practices;

17 and

18 ‘‘(E) advise the Immigration and Natu19 ralization Service on applications by foreign na20 tionals for political asylum in the United States.

21 ‘‘(c) ASSISTANT SECRETARIES REPORTING TO THE

22 UNDER SECRETARY OF STATE FOR EXPORT, TRADE, EC23 ONOMICS, AND BUSINESS.—The following Assistant Sec24 retaries of State should be subject to the supervision and

25 policy guidance of the Under Secretary of State for Ex-
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1 port, Trade, Economics, and Business and should have the

2 following responsibilities:

3 ‘‘(1) ASSISTANT SECRETARY FOR ECONOMICS

4 AND BUSINESS AFFAIRS.—

5 ‘‘(A) IN GENERAL.—There should be an

6 Assistant Secretary of State for Economics and

7 Business Affairs who should—

8 ‘‘(i) develop, coordinate, and imple9 ment United States international economic

10 policy, including resource and food policy,

11 energy policy, trade policy, policy with re12 spect to economic sanctions, and policy for

13 the promotion of a stable and open inter14 national financial system;

15 ‘‘(ii) ensure that United States eco16 nomic and commercial interests are given

17 appropriate weight in the development and

18 implementation of United States foreign

19 policy;

20 ‘‘(iii) negotiate agreements for the

21 purposes of promoting United States busi22 ness abroad, improving the economic com23 petitiveness of United States business

24 abroad, and facilitating United States

25 business activities abroad; and
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1 ‘‘(iv) advise other bureaus and ele2 ments of the Department of State on eco3 nomic policy issues relating to the matters

4 set forth in clauses (i) through (iii).

5 ‘‘(B) OFFICE OF THE ASSISTANT SEC6 RETARY.—There should be within the Office of

7 the Assistant Secretary of State for Economic

8 and Business Affairs the Office of Tele9 communications and Aviation. The office

10 should—

11 ‘‘(i) develop, coordinate, and imple12 ment policy on issues relating to inter13 national telecommunications, international

14 information utilization and exchange, and

15 international aviation and maritime mat16 ters;

17 ‘‘(ii) consult with and coordinate the

18 activities of the other departments and

19 agencies of the Federal Government with

20 respect to the policy referred to in clause

21 (i); and

22 ‘‘(iii) conduct negotiations with for23 eign governments and international organi24 zations with respect to such policy.
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1 ‘‘(2) ASSISTANT SECRETARY FOR OCEANS AND

2 ENVIRONMENTAL AND SCIENCE AFFAIRS.—There

3 should be an Assistant Secretary of State for Oceans

4 and Environmental and Science Affairs who should

5 develop, coordinate, and implement policy on the sci6 entific and technological facets of the relations of the

7 United States with foreign governments and inter8 national organizations and on matters relating to the

9 environment, the oceans, fishing, and space.

10 ‘‘(d) ASSISTANT SECRETARIES REPORTING TO THE

11 UNDER SECRETARY OF STATE FOR INTERNATIONAL SE12 CURITY.—The following Assistant Secretaries of State

13 should be subject to the supervision and policy guidance

14 of the Under Secretary of State for International Security

15 and should have the following responsibilities:

16 ‘‘(1) ASSISTANT SECRETARY FOR ARMS CON17 TROL AND NON-PROLIFERATION AFFAIRS.—(A)

18 There shall be an Assistant Secretary of State for

19 Arms Control and Non-Proliferation Affairs who

20 shall—

21 ‘‘(i) develop and coordinate policy on non22 proliferation of weapons of mass destruction

23 (including nuclear, chemical, and biological

24 weapons and missile technology) and nuclear

25 and conventional arms control; and
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1 ‘‘(ii) prepare for and operate United States

2 participation in international control systems

3 that may result from United States arms con4 trol activities.

5 ‘‘(B) DEPUTY ASSISTANT SECRETARIES.—(i)

6 There shall be four Deputy Assistant Secretaries of

7 State who shall report to the Assistant Secretary of

8 State for Arms Control and Non-Proliferation Af9 fairs for the following matters, respectively:

10 ‘‘(I) Verification of compliance with arms

11 control agreements (including memoranda of

12 understanding).

13 ‘‘(II) Conventional arms control.

14 ‘‘(III) Nuclear nonproliferation.

15 ‘‘(IV) Control of weapons of mass destruc16 tion.

17 ‘‘(ii) One such Deputy Assistant Secretary shall

18 serve as the principal Deputy to the Assistant Sec19 retary.

20 ‘‘(2) ASSISTANT SECRETARY FOR INTER21 NATIONAL NARCOTICS AND LAW ENFORCEMENT AF22 FAIRS.—There should be an Assistant Secretary of

23 State for International Narcotics and Law Enforce24 ment Affairs who should—
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1 ‘‘(A) develop, coordinate, and implement

2 international narcotics assistance activities dele3 gated to the Secretary of State under chapter

4 8 of part I of the Foreign Assistance Act of

5 1961 (22 U.S.C. 2291 et seq.);

6 ‘‘(B) serve as principal point of contact

7 and provide advice on international narcotics

8 control matters for the Office of Management

9 and Budget, the National Security Council, and

10 the Executive Office of the President to ensure

11 implementation of United States policy in nar12 cotics matters; and

13 ‘‘(C) carry out international law enforce14 ment activities of the Department of State

15 under the International Narcotics Control Cor16 rection Act of 1994, including—

17 ‘‘(i) promoting law enforcement and

18 policy initiatives bilaterally or multilater19 ally which are of high priority to the na20 tional interest of the United States;

21 ‘‘(ii) promoting improved coordination

22 among United States policy and law en23 forcement agencies for their activities out24 side the United States; and
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1 ‘‘(iii) developing law enforcement

2 training programs to strengthen and sta3 bilize democracies throughout the world.

4 ‘‘(3) ASSISTANT SECRETARY FOR POLITICAL5 MILITARY AFFAIRS.—There should be an Assistant

6 Secretary of State for Political-Military Affairs who

7 should—

8 ‘‘(A) serve as the Department’s primary li9 aison with the Department of Defense;

10 ‘‘(B) seek to further United States na11 tional security objectives by—

12 ‘‘(i) stabilizing regional military bal13 ances through negotiations and security as14 sistance;

15 ‘‘(ii) maintaining global access for

16 United States military forces;

17 ‘‘(iii) inhibiting the access by adver18 saries to militarily significant technologies;

19 and

20 ‘‘(iv) promoting responsible United

21 States defense trade; and

22 ‘‘(C) coordinate with the Department of

23 Defense on issues involving United States par24 ticipation in United Nations peacekeeping ac25 tivities.
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1 ‘‘(4) ASSISTANT SECRETARY FOR HUMANI2 TARIAN ASSISTANCE, REFUGEES, AND MIGRATION

3 AFFAIRS.—There should be an Assistant Secretary

4 of State for Humanitarian Assistance, Refugees, and

5 Migration Affairs who should—

6 ‘‘(A) recommend and implement policy on

7 humanitarian assistance and refugee and mi8 gration affairs;

9 ‘‘(B) operate United States refugee pro10 grams abroad, carried out in cooperation with

11 other governments, private and international or12 ganizations, and other United States govern13 ment agencies;

14 ‘‘(C) carry out programs relating to the re15 lief and repatriation of refugees, and the selec16 tion and processing of refugees to be admitted

17 to the United States;

18 ‘‘(D) implement abroad United States pro19 grams for disaster preparedness, relief, and re20 habilitation, incorporating activities previously

21 carried out by the Office of Foreign Disaster

22 Assistance of the Agency for International De23 velopment; and
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1 ‘‘(E) function as primary coordination

2 point for United States’ international humani3 tarian emergency response efforts.

4 ‘‘(e) ASSISTANT SECRETARIES REPORTING TO THE

5 UNDER SECRETARY OF STATE FOR PUBLIC DIPLO6 MACY.—Except as provided in paragraph (2), the follow7 ing Assistant Secretary of State and officials of the De8 partment of State should be subject to the supervision and

9 policy guidance of the Under Secretary of State for Public

10 Diplomacy and should have the following responsibilities:

11 ‘‘(1) ASSISTANT SECRETARY FOR INTER12 NATIONAL EXCHANGES.—

13 ‘‘(A) IN GENERAL.—There shall be an As14 sistant Secretary of State for International Ex15 changes who shall—

16 ‘‘(i) administer programs carried out

17 under the Mutual Educational and Cul18 tural Exchange Act of 1961 (Public Law

19 87–256) so as to ensure that such pro20 grams support United States interests

21 abroad and reflect the values of the people

22 of the United States;

23 ‘‘(ii) develop and implement policy for,

24 and provide professional guidance, mate25 rials, and other program support to, the li-
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1 braries and binational centers of the De2 partment of State abroad;

3 ‘‘(iii) administer fine arts programs

4 and performing arts programs abroad, in5 cluding arranging for tours abroad of

6 United States performing arts groups and

7 fine arts exhibitions; and

8 ‘‘(iv) develop and implement other

9 programs in support of United States in10 terests abroad, including programs for the

11 identification and recruitment of individ12 uals to speak of such interests abroad and

13 for establishing links between United

14 States and foreign cultural institutions.

15 ‘‘(B) OFFICE OF THE ASSISTANT SEC16 RETARY.—There shall be within the Office of

17 the Assistant Secretary of State for Inter18 national Exchanges the Office of Program Co19 ordination. The Secretary of State, acting

20 through the Office, shall be responsible for

21 tracking identification and coordination of all

22 United States Government sponsored non23 military international exchange programs. The

24 Office shall be charged to identify and make

25 recommendations to the President on programs
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1 that are duplicative and, therefore, should be

2 eliminated.

3 ‘‘(2) CHAIRMAN OF THE BROADCASTING BOARD

4 OF GOVERNORS AND THE DIRECTOR OF THE INTER5 NATIONAL BROADCASTING OFFICE.—The Chairman

6 of the Broadcasting Board of Governors and the Di7 rector of the International Broadcasting Office shall

8 have the responsibilities set forth for those positions

9 in title III of the Foreign Relations Authorization

10 Act, Fiscal Years 1994 and 1995.

11 ‘‘(f) ASSISTANT SECRETARIES REPORTING TO THE

12 UNDER SECRETARY OF STATE FOR MANAGEMENT.—The

13 following Assistant Secretaries of State should be subject

14 to the supervision and policy guidance of the Under Sec15 retary of State for Management and should have the fol16 lowing responsibilities:

17 ‘‘(1) ASSISTANT SECRETARY FOR CONSULAR

18 AFFAIRS.—There should be an Assistant Secretary

19 of State for Consular Affairs who should develop, co20 ordinate, and implement policy relating to the pro21 tection and welfare of United States citizens and in22 terests abroad, the issuance of passports and visas,

23 and the provision of other consular services.
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1 ‘‘(2) ASSISTANT SECRETARY FOR ADMINISTRA2 TION.—There should be an Assistant Secretary of

3 State for Administration who should—

4 ‘‘(A) develop, coordinate, and implement

5 policy, programs, and activities for the provision

6 of administrative support for the Department of

7 State, including support for building operations

8 of the Department in the United States and

9 abroad, support for information management,

10 support for telecommunications, support for the

11 Diplomatic Contingency Program of the De12 partment, support for travel abroad by the

13 President and the Vice President, and support

14 for schools for dependents of Department per15 sonnel abroad;

16 ‘‘(B) manage acquisition activities of the

17 Department in the United States;

18 ‘‘(C) oversee acquisition activities of the

19 Department abroad;

20 ‘‘(D) ensure the provision of supply and

21 transportation services to the Department; and

22 ‘‘(E) ensure the provision of language serv23 ices for the Secretary of State, the Executive

24 Office of the President, and other officials of

25 the Federal Government.
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1 ‘‘(3) ASSISTANT SECRETARY FOR DIPLOMATIC

2 SECURITY.—There should be an Assistant Secretary

3 of State for Diplomatic Security who should—

4 ‘‘(A) develop, coordinate, and implement

5 policy for the purpose of ensuring the security

6 of personnel who conduct United States diplo7 macy and promote United States interests

8 abroad;

9 ‘‘(B) assign security personnel to posts

10 abroad for the purpose referred to in subpara11 graph (A);

12 ‘‘(C) carry out the duties set forth in the

13 Omnibus Diplomatic Security Act of 1986 (22

14 U.S.C. 4801 et seq.); and

15 ‘‘(D) administer through the Office of For16 eign Missions, the authorities relating to the

17 regulation of foreign missions under title II of

18 this Act.

19 ‘‘(g) POSITIONS REPORTING TO THE SECRETARY OF

20 STATE.—There should be in the Department of State, the

21 following officials who should be appointed by the Presi22 dent, by and with the advice and consent of the Senate,

23 and who should report to the Secretary of State and who

24 should have the following responsibilities:
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1 ‘‘(1) ASSISTANT SECRETARY OF STATE FOR IN2 TELLIGENCE AND STRATEGIC PLANS.—There should

3 be an Assistant Secretary of State for Intelligence

4 and Strategic Plans, who should—

5 ‘‘(A) provide the Secretary, the Deputy

6 Secretary, and Department principals with in7 telligence information, briefings, analysis, and

8 coordination necessary to carry out the Presi9 dent’s foreign policy;

10 ‘‘(B) serve as primary adviser to the Sec11 retary of State and intelligence briefer for sen12 ior Department policymakers;

13 ‘‘(C) undertake strategic (medium- and

14 long-term) policy studies and analyses, and

15 keep policymakers aware of strategic trends in

16 areas of current or potential policy interest’’;

17 and

18 ‘‘(D) provide the intelligence community

19 guidance as necessary to help ensure products

20 are focused adequately to support policymakers.

21 ‘‘(2) ASSISTANT SECRETARY OF STATE FOR

22 LEGISLATIVE AFFAIRS.—There should be an Assist23 ant Secretary of State for Legislative Affairs, who

24 should—
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1 ‘‘(A) supervise and coordinate all foreign

2 affairs-related legislative activities within the

3 Department of State and among the Depart4 ment, Congress, and other agencies;

5 ‘‘(B) supervise and coordinate all personnel

6 of the Department who are designated or as7 signed legislative responsibilities and who

8 should report to the Assistant Secretary of

9 State for Legislative Affairs;

10 ‘‘(C) ensure that congressional perspectives

11 are considered in the foreign policymaking proc12 ess, that the administration’s views are accu13 rately presented to Congress, and that a coordi14 nated legislative strategy is implemented by ex15 ecutive branch agencies; and

16 ‘‘(D) be responsible for rating and review17 ing all employees of any bureau whose duties

18 comprise primarily of legislative matters.’’.

19 (b) ASSUMPTION OF DUTIES BY INCUMBENT AP20 POINTEES.—An individual holding an office immediately

21 prior to the date of enactment of this Act—

22 (1) who was appointed to the office by the

23 President, by and with the advice and consent of the

24 Senate; and
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1 (2) who performs duties substantially similar to

2 the duties of an office created or proposed to be cre3 ated under section 1B of the State Department

4 Basic Authorities Act of 1956,

5 may, in the discretion of the Secretary of State, assume

6 the duties of such new office, and shall not be required

7 to be reappointed by reason of the enactment of that sec8 tion.

9 SEC. 1104. OTHER STATE DEPARTMENT POSITIONS.

10 (a) AMENDMENT TO STATE DEPARTMENT BASIC AU11 THORITIES ACT.—Section 1B of the State Department

12 Basic Authorities Act of 1956, as added by this Act, is

13 amended by adding at the end the following new section:

14 ‘‘SEC. 1C. OTHER STATE DEPARTMENT POSITIONS.

15 ‘‘(a) GENERAL COUNSEL.—

16 ‘‘(1) There should be a General Counsel, who

17 should be appointed by the President, by and with

18 the advice and consent of the Senate, who should be

19 paid at the rate provided for positions at level IV of

20 the Executive Schedule, and who should—

21 ‘‘(A) serve as principal adviser to the Sec22 retary and, through the Secretary, to the Presi23 dent on all matters of international law arising

24 in the conduct of United States foreign rela25 tions; and
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1 ‘‘(B) provide general legal advice and serv2 ices to the Secretary and other officials of the

3 Department on matters with which the Depart4 ment and overseas posts are concerned.

5 ‘‘(2) The General Counsel should assume the

6 functions previously exercised by the Legal Adviser.

7 ‘‘(b) POSITIONS REPORTING TO THE UNDER SEC8 RETARY OF STATE FOR MANAGEMENT.—The following of9 ficials within the Department of State should report di10 rectly to the Under Secretary of State for Management:

11 ‘‘(1) CHIEF FINANCIAL OFFICER.—There is in

12 the Department of State a Chief Financial Officer

13 who is appointed and paid in accordance with sec14 tion 901 of title 31, United States Code, and who

15 shall—

16 ‘‘(A) serve as the Department’s Budget

17 Officer and shall manage the financial affairs of

18 the Department, consistent with section 902 of

19 title 31, United States Code;

20 ‘‘(B) ensure adequate systems within the

21 Department for the production of reliable and

22 timely financial and related programmatic in23 formation;
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1 ‘‘(C) develop financial analysis and per2 formance reports regarding the activities of the

3 Department; and

4 ‘‘(D) integrate functions of the Depart5 ment related to budget execution and financial

6 accounting.

7 ‘‘(2) DIRECTOR GENERAL OF THE FOREIGN

8 SERVICE.—There should be a Director General of

9 the Foreign Service who should be appointed by the

10 President, by and with the advice and consent of the

11 Senate, and who should be paid at the rate of pay

12 provided for positions at level IV of the Executive

13 Schedule. The Director General should—

14 ‘‘(A) act as principal advisor to the Sec15 retary of State on all matters relating to the

16 Foreign Service, including matters relating to

17 recruitment, training, professional development,

18 assignment, and utilization of Foreign Service

19 personnel; and

20 ‘‘(B) provide joint training for all such

21 personnel and ensure the assignment of such

22 personnel to positions that require and provide

23 experience in a variety of disciplines; and
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1 ‘‘(C) perform such functions in connection

2 with the administration of the Foreign Service

3 as the Secretary of State may prescribe.

4 ‘‘(3) DIRECTOR OF PERSONNEL.—There should

5 be within the Department of State a Director of

6 Personnel who should be appointed by the President,

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

8 and who should be paid at the rate of pay provided

9 for positions at level IV of the Executive Schedule.

10 The Director of Personnel should—

11 ‘‘(A) implement policies and programs for

12 personnel of the Department of State, including

13 personnel under the Civil Service system, per14 sonnel under the Foreign Service System (in

15 consultation with the Director General for the

16 Foreign Service), and personnel who are For17 eign Service National employees; and

18 ‘‘(B) oversee activities of the National Cen19 ter for Humanities, Education, Languages, and

20 Management Studies.’’.

21 (b) CONFORMING REPEAL.—Section 208 of the For22 eign Service Act of 1980 (22 U.S.C. 3928), relating to

23 the Director General of the Foreign Service, is repealed.
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1 (c) ASSUMPTION OF DUTIES BY INCUMBENT AP2 POINTEES.—An individual holding an office immediately

3 prior to the date of enactment of this Act—

4 (1) who was appointed to the office by the

5 President, by and with the advice and consent of the

6 Senate; and

7 (2) who performs duties substantially similar to

8 the duties of an office created or proposed to be cre9 ated under section 1C of the State Department

10 Basic Authorities Act of 1956,

11 may, at the discretion of the Secretary of State, assume

12 the duties of such new office, and shall not be required

13 to be reappointed by reason of the enactment of that sec14 tion.

15 SEC. 1105. INSPECTOR GENERAL FOR FOREIGN AFFAIRS.

16 (a) TERM OF SERVICE; LIMITATION ON APPOINT17 MENT.—Section 209(a)(1) of the Foreign Service Act of

18 1980 (22 U.S.C. 3929) is amended—

19 (1) in the first sentence, by striking ‘‘Inspector

20 General of the Department of State and the Foreign

21 Service’’ and inserting ‘‘Inspector General for For22 eign Affairs’’; and

23 (2) by inserting after the first sentence the fol24 lowing new sentences: ‘‘The Inspector General shall

25 serve a term of six years. The Inspector General
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1 may be reappointed by the President, by and with

2 the advice and consent of the Senate, for an addi3 tional term or terms of six years each. No career

4 member of the Foreign Service, as defined in section

5 103, may be appointed Inspector General.’’.

6 (b) REDESIGNATION OF INSPECTOR GENERAL OF

7 THE DEPARTMENT OF STATE AS INSPECTOR GENERAL

8 FOR FOREIGN AFFAIRS.—(1) The Inspector General Act

9 of 1978 (5 U.S.C. App. 3) is amended—

10 (A) by redesignating section 8G (as added by

11 section 104(a) of Public Law 100–504) and section

12 8G (as added by section 105 of Public Law 100–

13 504) as sections 8H and 8I, respectively; and

14 (B) by inserting after section 8F the following:

15 ‘‘SPECIAL PROVISIONS RELATING TO THE INSPECTOR

16 GENERAL FOR FOREIGN AFFAIRS

17 ‘‘SEC. 8G. In addition to the other duties and respon18 sibilities specified in this Act, the Inspector General of the

19 Department of State (also known as the ‘Inspector Gen20 eral for Foreign Affairs’) shall exercise the authorities of

21 section 209 of the Foreign Service Act of 1980 (including

22 authorities with respect to the Broadcasting Board of Gov23 ernors).’’.

24 (2) Section 5315 of title 5, United States Code, is

25 amended by striking ‘‘Inspector General, Department of
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1 State’’ and inserting ‘‘Inspector General for Foreign Af2 fairs, Department of State’’.

3 (3) Section 413 of the Omnibus Diplomatic Security

4 and Antiterrorism Act of 1986 (22 U.S.C. 4861) is re5 pealed.

6 (c) REPEAL RELATING TO THE INSPECTOR GENERAL

7 FOR THE UNITED STATES ARMS CONTROL AND DISAR8 MAMENT AGENCY.—Section 50 of the Arms Control and

9 Disarmament Act (22 U.S.C. 2593a), relating to the

10 ACDA Inspector General, is repealed.

11 (d) CONFORMING AMENDMENTS RELATING TO THE

12 INSPECTOR GENERAL OF THE UNITED STATES INFORMA13 TION AGENCY.—(1) Section 11 of the Inspector General

14 Act of 1978 (5 U.S.C. App. 3) is amended—

15 (A) in paragraph (1), by striking ‘‘or the Unit16 ed States Information Agency’’; and

17 (B) in paragraph (2), by striking ‘‘the United

18 States Information Agency,’’.

19 (2) Section 5315 of title 5, United States Code, is

20 amended by striking ‘‘Inspector General, United States

21 Information Agency.’’

22 (e) CONFORMING AMENDMENTS AND REPEAL RE23 LATING TO THE INSPECTOR GENERAL OF THE AGENCY

24 FOR INTERNATIONAL DEVELOPMENT.—(1) Section 11 of
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1 the Inspector General Act of 1978 (5 U.S.C. App. 3) is

2 amended—

3 (A) in paragraph (1), by striking ‘‘Agency for

4 International Development,’’; and

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

6 for International Development,’’.

7 (2) Section 239(e) of the Foreign Assistance Act of

8 1961 (22 U.S.C. 2199(e)) is amended by striking ‘‘Inspec9 tor General of the Agency for International Development’’

10 and inserting ‘‘Inspector General for Foreign Affairs’’.

11 (3) Section 8A of the Inspector General Act of 1978

12 (5 U.S.C. App. 3) is repealed.

13 (4) Section 5315 of title 5, United States Code, is

14 amended by striking ‘‘Inspector General, Agency for Inter15 national Development.’’.

16 (f) ASSUMPTION OF DUTIES BY INCUMBENT AP17 POINTEE.—An individual holding the office of Inspector

18 General of the Department of State immediately prior to

19 the effective date contained in subsection (g)(4)—

20 (1) who was appointed to the office by the

21 President, by and with the advice and consent of the

22 Senate; and

23 (2) who performs duties substantially similar to

24 the duties of an office created under the amend25 ments made by subsections (a) and (b),
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1 may, in the discretion of the Secretary of State, assume

2 the duties of such new office, and shall not be required

3 to be reappointed by reason of the enactment of this sec4 tion.

5 (g) EFFECTIVE DATES.—The following shall be the

6 effective dates for amendments and repeals made by this

7 section:

8 (1) The repeal made by subsection (c), on the

9 effective date of title XII.

10 (2) The amendments made by subsection (d),

11 on the effective date of title XIII.

12 (3) The amendments and repeal made by sub13 section (e), on the effective date of title XIV.

14 (4) The amendments and repeal made by sub15 sections (a) and (b), on the effective date of title

16 XII, title XIII, or title XIV, whichever occurs first.

17 SEC. 1106. RATES OF PAY.

18 (a) UNDER SECRETARIES OF STATE.—Section 5314

19 of title 5, United States Code, is amended by striking

20 ‘‘Under Secretaries of State (5).’’ and inserting the follow21 ing:

22 ‘‘Under Secretary of State for Policy.

23 ‘‘Under Secretary of State for Export, Trade,

24 Economics, and Business.
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1 ‘‘Under Secretary of State for International Se2 curity.

3 ‘‘Under Secretary of State for Public Diplo4 macy.

5 ‘‘Under Secretary of State for Management.’’.

6 (b) ASSISTANT SECRETARIES OF STATE.—Section

7 5315 of such title is amended by striking out ‘‘20 Assist8 ant Secretaries of State and 4 other State Department

9 officials to be appointed by the President by and with the

10 advice and consent of the Senate.’’ and inserting the fol11 lowing:

12 ‘‘In addition to other positions of the Depart13 ment of State specifically referenced in this section,

14 18 Assistant Secretaries of State and 4 other State

15 Department officials who are appointed by the Presi16 dent, by and with the advice and consent of the Sen17 ate.

18 ‘‘Assistant Secretary of State for Arms Control

19 and Non-Proliferation Affairs.

20 ‘‘Assistant Secretary of State for International

21 Exchanges.’’.

22 SEC. 1107. REPEAL OF PREVIOUSLY CREATED STATE DE23 PARTMENT POSITIONS.

24 (a) ASSISTANT SECRETARY FOR OCEANS AND INTER25 NATIONAL ENVIRONMENTAL AND SCIENTIFIC AFFAIRS.—
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1 Section 9(a) of the Department of State Appropriations

2 Authorization Act of 1973 (22 U.S.C. 2655a(a)) is re3 pealed.

4 (b) CONFORMING AMENDMENTS RELATING TO THE

5 ASSISTANT SECRETARY FOR DEMOCRACY, HUMAN

6 RIGHTS, AND LABOR.—The Foreign Assistance Act of

7 1961 is amended—

8 (1) in section 116(c) (22 U.S.C. 2151n(c)), by

9 striking ‘‘Assistant Secretary of State for Democ10 racy, Human Rights, and Labor’’ and inserting

11 ‘‘Secretary’’;

12 (2) in sections 502B(b) (22 U.S.C. 2304(b)),

13 502B(c)(1) (22 U.S.C. 2304(c)), and 505(g)(4)(A)

14 (22 U.S.C. 2314(g)(4)(A)), by striking ‘‘, prepared

15 with the assistance of the Assistant Secretary of

16 State for Democracy, Human Rights, and Labor,’’

17 each place it appears; and

18 (3) in section 573(c) (22 U.S.C. 2349aa–2(c)),

19 by striking ‘‘Assistant Secretary of State for Democ20 racy, Human Rights, and Labor’’ and inserting

21 ‘‘Secretary of State’’.

22 (c) ASSISTANT SECRETARY FOR SOUTH ASIAN AF23 FAIRS.—Subsections (a), (b), and (e) of section 122 of the

24 Foreign Relations Authorization Act, Fiscal Years 1992

25 and 1993 (22 U.S.C. 2652b) are repealed.
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1 (d) DEPUTY ASSISTANT SECRETARY FOR

2 BURDENSHARING.—Section 161(f) of the Foreign Rela3 tions Authorization Act, Fiscal Years 1994 and 1995 (22

4 U.S.C. 2651a note) is repealed.

5 SEC. 1108. LIMITATION ON PERSONNEL STRENGTH OF THE

6 DEPARTMENT OF STATE.

7 (a) END FISCAL YEAR 1996 LEVELS.—The number

8 of employees of the Department of State (including mem9 bers of the Foreign Service) who are authorized to be em10 ployed as of February 28, 1997, shall not exceed a number

11 which is 9 percent less than the number of such employees

12 who are so employed immediately prior to the date of en13 actment of this Act.

14 (b) END FISCAL YEAR 1997 LEVELS.—The number

15 of employees of the Department of State (including mem16 bers of the Foreign Service) who are authorized to be em17 ployed as of September 30, 1997, shall not exceed a num18 ber which is 3 percent less than the number of such em19 ployees who are authorized to be so employed as of Feb20 ruary 28, 1997.

21 (c) END FISCAL YEAR 1998 LEVELS.—The number

22 of employees of the Department of State (including mem23 bers of the Foreign Service) who are authorized to be em24 ployed as of September 30, 1998, shall not exceed a num25 ber which is 2 percent less than the number of such em-
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1 ployees who are authorized to be so employed as of Sep2 tember 30, 1997.

3 SEC. 1109. CONSOLIDATION OF UNITED STATES DIPLO4 MATIC MISSIONS AND CONSULAR POSTS.

5 (a) CONSOLIDATION PLAN.—The Secretary of State

6 shall develop a worldwide plan for the consolidation, wher7 ever practicable, on a regional or areawide basis, of United

8 States missions and consular posts abroad in order to

9 carry out this section.

10 (b) CONTENTS OF PLAN.—The plan shall—

11 (1) identify the specific United States diplo12 matic missions and consular posts for consolidation;

13 (2) identify those missions and posts at which

14 the resident ambassador would also be accredited to

15 other specified states in which the United States ei16 ther maintained no resident official presence or

17 maintained such a presence only at staff level; and

18 (3) provide an estimate of—

19 (A) the amount by which expenditures

20 would be reduced through the reduction in the

21 number of United States Government personnel

22 assigned abroad;

23 (B) the amount by which expenditures

24 would be reduced through a reduction in the
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1 costs of maintaining United States properties

2 abroad; and

3 (C) the amount of revenues generated to

4 the United States through the sale or other dis5 position of United States properties associated

6 with the posts to be consolidated abroad.

7 (c) TRANSMITTAL.—Not later than 180 days after

8 the date of enactment of this Act, the Secretary of State

9 shall transmit a copy of the plan to the appropriate con10 gressional committees.

11 (d) IMPLEMENTATION.—Not later than 60 days after

12 transmittal of the plan under subsection (c), the Secretary

13 of State shall take steps to implement the plan unless the

14 Congress before such date enacts legislation disapproving

15 the plan.

16 (e) CONGRESSIONAL PRIORITY PROCEDURES.—(1) A

17 joint resolution described in paragraph (2) which is intro18 duced in a House of Congress after the date on which a

19 plan developed under subsection (a) is received by Con20 gress, shall be considered in accordance with the proce21 dures set forth in paragraphs (3) through (7) of section

22 8066(c) of the Department of Defense Appropriations Act,

23 1985 (as contained in Public Law 98–473 (98 Stat.

24 1936)), except that—
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1 (A) references to the ‘‘report described in para2 graph (1)’’ shall be deemed to be references to the

3 joint resolution; and

4 (B) references to the Committee on Appropria5 tions of the House of Representatives and to the

6 Committee on Appropriations of the Senate shall be

7 deemed to be references to the Committee on Inter8 national Relations of the House of Representatives

9 and the Committee on Foreign Relations of the Sen10 ate.

11 (2) A joint resolution under this paragraph is a joint

12 resolution the matter after the resolving clause of which

13 is as follows: ‘‘That the Congress disapproves the plan

14 submitted by the President on llllll pursuant to

15 section 1109 of the Foreign Affairs Reinvention Act of

16 1995.’’.

17 (f) WITHHOLDING OF FUNDS.—Effective 180 days

18 after the date of enactment of this Act, if the plan was

19 not timely transmitted pursuant to subsection (c), then

20 five percent of the funds made available for the Depart21 ment of State for each of the fiscal years 1996, 1997,

22 1998, and 1999 under the account ‘‘Diplomatic and Con23 sular Programs’’ (‘‘Administration of Foreign Affairs’’)

24 shall be withheld from obligation and expenditure until 60
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1 days after the President transmits to Congress a revised

2 plan developed under subsection (a).

3 (g) RESUBMISSION OF PLAN.—If, within 60 days of

4 transmittal of a plan under subsection (c), Congress en5 acts legislation disapproving the plan, the President shall

6 transmit to the appropriate congressional committees a re7 vised plan developed under subsection (a).

8 (h) STATUTORY CONSTRUCTION.—Nothing in this

9 section requires the termination of United States diplo10 matic or consular relations with any foreign country.

11 (i) DEFINITIONS.—As used in this section:

12 (1) APPROPRIATE CONGRESSIONAL COMMIT13 TEES.—The term ‘‘appropriate congressional com14 mittees’’ means the Committee on International Re15 lations of the House of Representatives and the

16 Committee on Foreign Relations of the Senate.

17 (2) PLAN.—The term ‘‘plan’’ means the plan

18 developed under subsection (a).

19 SEC. 1110. DETAIL OF OTHER AGENCY PERSONNEL TO

20 STATE DEPARTMENT.

21 Any employee of any agency other than the Depart22 ment of State who is assigned to an overseas post located

23 within any United States mission except for those assigned

24 to a military command shall be detailed to the Department

25 of State for the duration of such assignment, and shall
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1 be fully under the authority of the Chief of Mission. The

2 Chief of Protocol, at the sole discretion of the Secretary

3 of State, shall accord diplomatic titles, privileges, and im4 munities to any such employees as the Secretary of State

5 deems appropriate.

6 SEC. 1111. REPORT ON UNIFICATION OF UNITED STATES

7 AND FOREIGN COMMERCIAL SERVICE AND

8 FOREIGN AGRICULTURAL SERVICE WITHIN

9 THE FOREIGN SERVICE.

10 (a) REQUIREMENT.—Not later than 120 days after

11 the date of the enactment of this Act, the President shall,

12 in coordination with the Secretary of State, the Secretary

13 of Commerce, and the Secretary of Agriculture shall joint14 ly transmit to Congress the report described in subsection

15 (b).

16 (b) REPORT ELEMENTS.—The report under sub17 section (a) shall include the following:

18 (1) An assessment of the extent of the coordi19 nation and cooperation in international activities of

20 the Department of State, the Department of Com21 merce, and the Department of Agriculture.

22 (2) An assessment of the advisability and desir23 ability of establishing in the Foreign Service of the

24 Department of State a core discipline relating to the
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1 commercial, trade development, and export pro2 motion activities of the United States.

3 (3) If such a core discipline is desirable—

4 (A) a discussion of the options for estab5 lishing the core discipline, including—

6 (i) the integration of the United

7 States and Foreign Commercial Service

8 and the Foreign Agricultural Service into

9 the Foreign Service; and

10 (ii) the continuation of the United

11 States and Foreign Commercial Service

12 and the Foreign Agricultural Service as

13 separate services; and

14 (B) an assessment of the advantages and

15 disadvantages (including the costs and savings)

16 of each such option.

17 (4) If such a core discipline is not desirable, an

18 assessment of the advisability and desirability of the

19 continuing application of the Foreign Service Act of

20 1980 to the United States and Foreign Commercial

21 Service and the Foreign Agricultural Service.
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1 TITLE XII—UNITED STATES

2 ARMS CONTROL AND DISAR3 MAMENT AGENCY

4 SEC. 1201. ABOLITION OF THE ACDA; REFERENCES IN

5 PART.

6 (a) ABOLITION.—The United States Arms Control

7 and Disarmament Agency is abolished on the effective

8 date of this title.

9 (b) CONFORMING REPEAL.—Section 21 of the Arms

10 Control and Disarmament Act (22 U.S.C. 2561) is re11 pealed.

12 (c) REFERENCES IN TITLE.—Except as specifically

13 provided in this title, whenever in this title an amendment

14 or repeal is expressed as an amendment to or repeal of

15 a provision, the reference shall be deemed to be made to

16 the Arms Control and Disarmament Act.

17 SEC. 1202. REPEAL OF POSITIONS AND OFFICES.

18 The following sections are repealed:

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

20 Director).

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

22 Deputy Director).

23 (3) Section 24 (22 U.S.C. 2564; relating to As24 sistant Directors).
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1 (4) Section 25 (22 U.S.C. 2565; relating to bu2 reaus, offices, and divisions).

3 SEC. 1203. AUTHORITIES OF THE SECRETARY OF STATE.

4 (a) IN GENERAL.—(1) Except as provided in para5 graph (2), the Arms Control and Disarmament Act (22

6 U.S.C. 2551 et seq.) is amended by striking ‘‘Agency’’ and

7 ‘‘Director’’ each place it appears and inserting ‘‘Depart8 ment’’ and ‘‘Secretary’’, respectively.

9 (2) No amendment shall be made under paragraph

10 (1) to references to the On-Site Inspection Agency or to

11 the Director of Central Intelligence.

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

13 amended—

14 (1) by striking the second, fourth, fifth, and

15 sixth sentences; and

16 (2) in the seventh sentence, by striking ‘‘It’’

17 and all that follows through ‘‘State,’’ and inserting

18 ‘‘The Department of State shall have the authority’’.

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

20 amended by striking paragraph (c) and inserting the fol21 lowing:

22 ‘‘(c) The term ‘Department’ means the Depart23 ment of State.

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

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

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

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

5 (e) PRESIDENTIAL SPECIAL REPRESENTATIVES.—

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

7 acting through the Director’’.

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

9 (22 U.S.C. 2568) is amended—

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

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

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

15 former Directors of the Agency’’.

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

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

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

19 ‘‘shall prepare for the President’’.

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

21 U.S.C. 2574) is amended—

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

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

24 President’’; and

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

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

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

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

5 2581) is repealed.

6 (k) USE OF FUNDS.—Section 48 (22 U.S.C. 2588)

7 is repealed.

8 (l) ANNUAL REPORT.—Section 51(a) (22 U.S.C.

9 2593a(a)) is amended by striking ‘‘the Secretary of

10 State,’’.

11 (m) REQUIREMENT FOR AUTHORIZATION OF APPRO12 PRIATIONS.—Section 53 (22 U.S.C. 2593c) is repealed.

13 (n) ON-SITE INSPECTION AGENCY.—Section 61 (22

14 U.S.C. 2595) is amended—

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

16 States Arms Control and Disarmament Agency is’’

17 and inserting ‘‘Department of State and the Depart18 ment of Defense are respectively’’; and

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

20 States Arms Control and Disarmament Agency

21 and’’.

22 SEC. 1204. AUTHORIZATION OF APPROPRIATIONS.

23 Section 106 of the Foreign Relations Authorization

24 Act, Fiscal Years 1994 and 1995 (Public Law 103–236)

25 is amended—
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1 (1) by amending the section heading to read as

2 follows:

3 ‘‘SEC. 106. DEPARTMENT OF STATE ARMS CONTROL AND

4 DISARMAMENT ACTIVITIES.’’;

5 and

6 (2) in subsection (a), by inserting ‘‘to the Sec7 retary of State’’ after ‘‘appropriated’’.

8 SEC. 1205. CONFORMING AMENDMENTS.

9 (a) The Arms Export Control Act is amended—

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

11 2776(b)(1)(D)), by striking ‘‘Director of the Arms

12 Control and Disarmament Agency in consultation

13 with the Secretary of State and’’ and inserting ‘‘Sec14 retary of State in consultation with’’;

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

16 2778(a)(2))—

17 (A) in the first sentence, by striking ‘‘Di18 rector of the United States Arms Control and

19 Disarmament Agency, taking into account the

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

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

22 (B) in the second sentence, by striking

23 ‘‘The Director of the Arms Control and Disar24 mament Agency is authorized, whenever the Di-
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1 rector’’ and inserting ‘‘The Secretary of State is

2 authorized, whenever the Secretary’’;

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

4 (A) in paragraph (1)(C), by striking ‘‘Di5 rector of the United States Arms Control and

6 Disarmament Agency’’ and inserting ‘‘Secretary

7 of State’’; and

8 (B) in paragraph (2)—

9 (i) in the first sentence, by striking

10 ‘‘Director of the United States Arms Con11 trol and Disarmament Agency’’ and insert12 ing ‘‘Secretary of State’’; and

13 (ii) in the second sentence, by striking

14 ‘‘Director of the Arms Control and Disar15 mament Agency is authorized, whenever

16 the Director’’ and inserting ‘‘Secretary of

17 State is authorized, whenever the Sec18 retary’’;

19 (4) in section 71(a) of such Act (22 U.S.C.

20 2797(a)), by striking ‘‘, the Director of the Arms

21 Control and Disarmament Agency,’’ and inserting

22 ‘‘Secretary of State’’;

23 (5) in section 71(b)(1) of such Act (22 U.S.C.

24 2797(b)(1)), by striking ‘‘Director of the United
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1 States Arms Control and Disarmament Agency’’ and

2 inserting ‘‘Secretary of State;

3 (6) in section 71(b)(2) of such Act (22 U.S.C.

4 2797(b)(2))—

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

6 States Arms Control and Disarmament Agen7 cy’’ and inserting ‘‘Secretary of State’’; and

8 (B) by striking ‘‘or the Director’’;

9 (7) in section 71(c) of such Act (22 U.S.C.

10 2797(c)), by striking ‘‘Director of the United States

11 Arms Control and Disarmament Agency,’’ and in12 serting ‘‘Secretary of State’’; and

13 (8) in section 73(d) of such Act (22 U.S.C.

14 2797b(d)), by striking ‘‘, the Secretary of Com15 merce, and the Director of the United States Arms

16 Control and Disarmament Agency’’ and inserting

17 ‘‘and the Secretary of Commerce’’.

18 (b) Section 1706(b) of the United States Institute of

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

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

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

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

23 (3) in paragraph (4) (as redesignated by para24 graph (2)), by striking ‘‘Eleven’’ and inserting

25 ‘‘Twelve’’.
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1 (c) The Atomic Energy Act of 1954 is amended—

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

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

4 Arms Control and Disarmament Agency,’’, and

5 (B) in the second sentence, by striking

6 ‘‘the Director of the Arms Control and Disar7 mament Agency,’’, and

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

9 (A) in subsection a. (in the text below

10 paragraph (9)—

11 (i) by striking ‘‘and in consultation

12 with the Director of the Arms Control and

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

14 and

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

16 and inserting ‘‘and the Secretary of De17 fense’’,

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

19 striking ‘‘Director of the Arms Control and Dis20 armament Agency’’ and inserting ‘‘Secretary of

21 Defense’’, and

22 (C) in the first undesignated paragraph

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

24 Control and Disarmament Agency,’’.
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1 (d) The Nuclear Non-Proliferation Act of 1978 is

2 amended—

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

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

5 State, and the Director of the Arms Control and

6 Disarmament Agency’’ and inserting ‘‘and the Sec7 retary of State’’; and

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

9 Control and Disarmament Agency,’’.

10 (e) Title 5, United States Code, is amended—

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

12 United States Arms Control and Disarmament

13 Agency.’’,

14 (2) in section 5314, by striking ‘‘Deputy Direc15 tor of the United States Arms Control and Disar16 mament Agency.’’,

17 (3) in section 5315—

18 (A) by striking ‘‘Assistant Directors, Unit19 ed States Arms Control and Disarmament

20 Agency (4).’’, and

21 (B) by striking ‘‘Special Representatives of

22 the President for arms control, nonproliferation,

23 and disarmament matters, United States Arms

24 Control and Disarmament Agency’’, and insert25 ing ‘‘Special Representatives of the President
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1 for arms control, nonproliferation, and disar2 mament matters, Department of State’’, and

3 (4) in section 5316, by striking ‘‘General Coun4 sel of the United States Arms Control and Disar5 mament Agency.’’.

6 SEC. 1206. REFERENCES IN LAW.

7 Any reference in any statute, reorganization plan,

8 Executive order, regulation, agreement, determination, or

9 other official document or proceeding to the United States

10 Arms Control and Disarmament Agency or the Director

11 or other official of the United States Arms Control and

12 Disarmament Agency shall be deemed to refer respectively

13 to the Department of State or the Secretary of State or

14 other official of the Department of State.

15 SEC. 1207. EFFECTIVE DATE.

16 This title, and the amendments made by this title,

17 shall take effect on the earlier of—

18 (1) March 1, 1997; or

19 (2) the date on which the reorganization plan

20 for the United States Arms Control and Disar21 mament Agency is fully implemented pursuant to

22 section 1703.
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1 TITLE XIII—UNITED STATES

2 INFORMATION AGENCY

3 SEC. 1301. ABOLITION.

4 The United States Information Agency is abolished

5 upon the effective date of this title.

6 SEC. 1302. REFERENCES IN LAW.

7 Any reference in any statute, reorganization plan,

8 Executive order, regulation, agreement, determination, or

9 other official document or proceeding to—

10 (1) the Director of the United States Informa11 tion Agency or the Director of the International

12 Communication Agency shall be deemed to refer to

13 the Secretary of State; and

14 (2) the United States Information Agency,

15 USIA, or the International Communication Agency

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

17 SEC. 1303. AMENDMENTS TO TITLE 5.

18 Title 5, United States Code, is amended—

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

20 United States Information Agency.’’;

21 (2) in section 5315, by striking ‘‘Deputy Direc22 tor of the United States Information Agency.’’; and

23 (3) in section 5316, by striking ‘‘Deputy Direc24 tor, Policy and Plans, United States Information
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1 Agency.’’ and striking ‘‘Associate Director (Policy

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

3 SEC. 1304. AMENDMENTS TO UNITED STATES INFORMA4 TION AND EDUCATIONAL EXCHANGE ACT OF

5 1948.

6 (a) REFERENCES IN SECTION.—Except as specifi7 cally provided in this section, whenever in this section an

8 amendment or repeal is expressed as an amendment or

9 repeal of a provision, the reference shall be deemed to be

10 made to the United States Information and Educational

11 Exchange Act of 1948 (22 U.S.C. 1431 et seq.).

12 (b) IN GENERAL.—Except as otherwise provided in

13 this section, the Act (other than section 604 and sub14 sections (a) and (c) of section 701) is amended—

15 (1) by striking ‘‘United States Information

16 Agency’’ each place it appears and inserting ‘‘De17 partment of State’’;

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

19 Information Agency’’ each place it appears and in20 serting ‘‘Secretary of State’’;

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

22 and inserting ‘‘Secretary of State’’;

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

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

2 and inserting ‘‘Department of State.

3 (c) SATELLITE AND TELEVISION BROADCASTS.—

4 Section 505 (22 U.S.C. 1464a) is amended—

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

6 Information Agency’’ each of the three places it ap7 pears and inserting ‘‘Secretary of State’’;

8 (2) in subsection (b), by striking ‘‘To be effec9 tive, the United States Information Agency’’ and in10 serting ‘‘To be effective in carrying out this sub11 section, the Department of State’’;

12 (3) by striking ‘‘USIA–TV’’ each place it ap13 pears and inserting ‘‘DEPARTMENT OF STATE–

14 TV’’; and

15 (4) by striking subsection (e).

16 (d) NONDISCRETIONARY PERSONNEL COSTS AND

17 CURRENCY FLUCTUATIONS.—Section 704 (22 U.S.C.

18 1477b) is amended—

19 (1) in subsection (b), by inserting after ‘‘au20 thorized by law’’ the following: ‘‘in connection with

21 carrying out the informational and educational ex22 change functions of the Department’’; and

23 (2) in subsection (c), by striking ‘‘United States

24 Information Agency’’ each place it appears and in25 serting ‘‘Department of State in carrying out the in-
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1 formational and educational exchange functions of

2 the Department’’.

3 (e) REPROGRAMMING NOTIFICATIONS.—Section 705

4 (22 U.S.C. 1477c) is amended by striking ‘‘United States

5 Information Agency’’ each place it appears and inserting

6 ‘‘Department of State in carrying out its informational

7 and educational exchange functions’’.

8 (f) AUTHORITIES OF THE SECRETARY.—Section

9 801(3) (22 U.S.C. 1471(3)) is amended by striking all ‘‘if

10 the sufficiency’’ and all that follows and inserting ‘‘if the

11 Secretary determines that title to such real property or

12 interests is sufficient;’’.

13 (g) REPEAL OF THE USIA SEAL.—Section 807 (22

14 U.S.C. 1475b) is repealed.

15 (h) ACTING ASSOCIATE DIRECTORS.—Section 808

16 (22 U.S.C. 1475c) is repealed.

17 (i) DEBT COLLECTION.—Section 811 (22 U.S.C.

18 1475f) is amended by inserting ‘‘informational and edu19 cational exchange’’ before ‘‘activities’’ each place it ap20 pears.

21 (j) OVERSEAS POSTS.—Section 812 (22 U.S.C.

22 1475g) is amended by striking ‘‘United States Informa23 tion Agency post’’ each place it appears and inserting ‘‘in24 formational and educational exchange post of the Depart25 ment of State’’.
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1 (k) DEFINITION.—Section 4 (22 U.S.C. 1433) is

2 amended by adding at the end the following:

3 ‘‘(4) ‘informational and educational exchange

4 functions’, with respect to the Department of State,

5 refers to functions exercised by the United States

6 Information Agency before the effective date of title

7 XIII of the Foreign Affairs Reinvention Act of

8 1995.’’.

9 SEC. 1305. AMENDMENTS TO THE MUTUAL EDUCATIONAL

10 AND CULTURAL EXCHANGE ACT OF 1961

11 (FULBRIGHT-HAYS ACT).

12 (a) REFERENCES IN SECTION.—Except as specifi13 cally provided in this section, whenever in this section an

14 amendment or repeal is expressed as an amendment or

15 repeal of a provision, the reference shall be deemed to be

16 made to the Mutual Educational and Cultural Exchange

17 Act of 1961 (22 U.S.C. 2451 et seq.).

18 (b) IN GENERAL.—The Act (22 U.S.C. 2451 et seq.)

19 is amended by striking ‘‘Director of the International

20 Communication Agency’’ each place it appears and insert21 ing ‘‘Secretary of State’’.

22 (c) PROGRAM AUTHORITIES.—(1) Section 102(a) (22

23 U.S.C. 2452(a)) is amended by striking ‘‘President’’ each

24 place it appears and inserting ‘‘Secretary of State’’.
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1 (2) Section 102(b) (22 U.S.C. 2452(b)) is amended

2 by striking ‘‘President’’ and inserting ‘‘Secretary of State

3 (except, in the case of paragraphs (6) and (10), the Presi4 dent)’’.

5 (d) INTERNATIONAL AGREEMENTS.—Section 103

6 (22 U.S.C. 2453) is amended by striking ‘‘President’’ each

7 place it appears and inserting ‘‘Secretary of State’’.

8 (e) PERSONNEL BENEFITS.—Section 104(d) (22

9 U.S.C. 2454(d)) is amended by striking ‘‘President’’ each

10 place it appears and inserting ‘‘Secretary of State’’.

11 (f) FOREIGN STUDENT COUNSELING.—Section

12 104(e)(3) (22 U.S.C. 2454(e)(3)) is amended by striking

13 ‘‘President’’ and inserting ‘‘Secretary of State’’.

14 (g) PUBLICITY AND PROMOTION OVERSEAS.—Sec15 tion 104(e)(4) (22 U.S.C. 2454(e)(4)) is amended by

16 striking ‘‘President’’ and inserting ‘‘Secretary of State’’.

17 (h) USE OF FUNDS.—Section 105(e) (22 U.S.C.

18 2455(e)) is amended by striking ‘‘President’’ each place

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

20 (i) REPEAL OF AUTHORITY FOR ABOLISHED ADVI21 SORY COMMITTEE.—Section 106(c) of the Mutual Edu22 cational and Cultural Exchange Act of 1961 (22 U.S.C.

23 2456(c)) is repealed.

24 (j) BUREAU OF EDUCATIONAL AND CULTURAL AF25 FAIRS.—
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1 (1) IN GENERAL.—Section 112(a) (22 U.S.C.

2 2460(a)) is amended by striking the first sentence

3 and inserting the following: ‘‘In order to carry out

4 the purposes of this Act, there is established in the

5 Department of State a Bureau for International Ex6 change Activities (in this section referred to as the

7 ‘‘Bureau’’).

8 (2) IMPLEMENTATION OF PROGRAMS.—Section

9 112(c) (22 U.S.C. 2460(c)) is amended by striking

10 ‘‘President’’ each place it appears and inserting

11 ‘‘Secretary of State’’.

12 SEC. 1306. INTERNATIONAL BROADCASTING ACTIVITIES.

13 (a) IN GENERAL.—(1) Except as otherwise provided

14 in paragraph (2), title III of the Foreign Relations Au15 thorization Act, Fiscal Years 1994 and 1995 (Public Law

16 103–236) is amended—

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

18 Information Agency’’ or ‘‘Director’’ each place it ap19 pears and inserting ‘‘Under Secretary of State for

20 Public Diplomacy’’;

21 (B) by striking all references to ‘‘United States

22 Information Agency’’ that were not stricken in sub23 paragraph (A) and inserting ‘‘Department of State’’;

24 (C) in section 305(a)(1), by inserting ‘‘(includ25 ing activities of the Voice of America previously car-
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1 ried out by the United States Information Agency)’’

2 after ‘‘this title’’;

3 (D) in section 305(b), by striking ‘‘Agency’s’’

4 each place it appears and inserting ‘‘Department’s’’;

5 and

6 (E) by striking ‘‘Bureau’’ each place it appears

7 and inserting ‘‘Office’’.

8 (2) Title III of such Act is amended—

9 (A) in section 304(c)—

10 (i) by striking ‘‘Director’s’’ and inserting

11 ‘‘Under Secretary’s’’; and

12 (ii) in the fifth sentence, by striking ‘‘Di13 rector of the United States Information Agency,

14 the acting Director of the agency’’ and insert15 ing ‘‘Under Secretary of State for Public Diplo16 macy, the acting Under Secretary’’;

17 (B) in sections 305(b) and 307(b)(1), by strik18 ing ‘‘Director of the Bureau’’ each place it appears

19 and inserting ‘‘Director of the Office’’;

20 (C) in subsections (i) and (j) of section 308, by

21 striking ‘‘Inspector General of the United States In22 formation Agency’’ each place it appears and insert23 ing ‘‘Inspector General for Foreign Affairs’’; and

24 (D) in section 310(d), by striking ‘‘Director on

25 the date of enactment of this Act, to the extent that
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1 the Director’’ and inserting ‘‘Under Secretary on the

2 effective date of title XIII of the Foreign Affairs

3 Reinvention Act of 1995, to the extent that the

4 Under Secretary’’.

5 (b) CONFORMING AMENDMENT TO TITLE 5.—Sec6 tion 5315 of title 5, United States Code, is amended by

7 striking ‘‘Director of the International Broadcasting Bu8 reau, the United States Information Agency’’ and insert9 ing ‘‘Director of the International Broadcasting Office,

10 the Department of State’’.

11 SEC. 1307. TELEVISION BROADCASTING TO CUBA.

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

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

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

15 amended by striking ‘‘United States Information Agency

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

17 inserting ‘‘Department of State (hereafter in this title re18 ferred to as the ‘Department’)’’.

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

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

21 (1) in subsection (a)—

22 (A) by amending the first sentence to read

23 as follows: ‘‘The Secretary of State shall admin24 ister within the Voice of America the Television

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

4 (2) in subsection (b)—

5 (A) in the subsection heading, by striking

6 ‘‘USIA’’ and inserting ‘‘Department of State’’,

7 (B) by striking ‘‘Agency facilities’’ and in8 serting ‘‘Department facilities’’, and

9 (C) by striking ‘‘United States Information

10 Agency Television Service’’ and inserting ‘‘De11 partment of State Television Service’’; and

12 (3) in subsection (c)—

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

14 Agency’’ and inserting ‘‘SECRETARY OF STATE

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

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

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

18 (c) ASSISTANCE FROM OTHER GOVERNMENT AGEN19 CIES.—Section 246 of such Act (22 U.S.C. 1465dd) is

20 amended—

21 (1) by striking ‘‘United States Information

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

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

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

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

3 SEC. 1308. RADIO BROADCASTING TO CUBA.

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

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

6 U.S.C. 1465a) is amended—

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

8 States Information Agency’’ and inserting ‘‘Depart9 ment of State’’;

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

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

14 the ‘Department’)’’;

15 (3) by striking subsection (d); and

16 (4) in subsection (f), by striking ‘‘Director of

17 the United States Information Agency’’ and insert18 ing ‘‘Secretary of State’’.

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

20 U.S.C. 1465b) is amended—

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

22 follows: ‘‘The Secretary of State shall administer

23 within the Voice of America the Cuba Service (here24 after in this section referred to as the ‘Service’).’’;

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

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

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

7 (1) in subsection (a)—

8 (A) by striking ‘‘United States Information

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

10 and

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

12 ‘‘the Department’’; and

13 (2) in subsection (b)—

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

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

17 ‘‘the Secretary of State’’.

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

19 Act (22 U.S.C. 1465e) is amended—

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

21 and inserting ‘‘the Department’’; and

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

23 inserting ‘‘Department’’.

24 (e) AUTHORIZATION OF APPROPRIATIONS.—Section

25 8 of such Act (22 U.S.C. 1465f) is amended—
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1 (1) by striking subsections (a) and (b) and in2 serting the following:

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

4 State each fiscal year to carry out this Act shall be suffi5 cient to maintain broadcasts to Cuba under this Act at

6 rates no less than the fiscal year 1985 level of obligations

7 by the former United States Information Agency for such

8 broadcasts.’’; and

9 (2) by redesignating subsection (c) as sub10 section (b).

11 SEC. 1309. NATIONAL ENDOWMENT FOR DEMOCRACY.

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

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

14 (1) in subsection (a)—

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

16 States Information Agency’’ and inserting ‘‘Sec17 retary of State’’;

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

19 ‘‘the Department of State’’; and

20 (C) by striking ‘‘the Director’’ and insert21 ing ‘‘the Secretary of State’’; and

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

23 States Information Agency’’ and inserting ‘‘Depart24 ment of State’’.
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1 (b) AUDITS.—Section 504(g) of such Act (22 U.S.C.

2 4413(g)) is amended by striking ‘‘United States Informa3 tion Agency’’ and inserting ‘‘Department of State’’.

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

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

6 (1) in subsection (b)—

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

8 three places it appears and inserting ‘‘Sec9 retary’’; and

10 (B) by striking ‘‘of the United States In11 formation Agency’’ and inserting ‘‘of State’’;

12 and

13 (2) in subsection (c)—

14 (A) in the subsection heading by striking

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

16 STATE’’;

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

18 three places it appears and inserting ‘‘Sec19 retary’’;

20 (C) by striking ‘‘of the United States In21 formation Agency’’ and inserting ‘‘of State’’;

22 and

23 (D) by striking ‘‘United States Informa24 tion Agency’’ and inserting ‘‘Department of

25 State’’.
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1 SEC. 1310. UNITED STATES SCHOLARSHIP PROGRAM FOR

2 DEVELOPING COUNTRIES.

3 (a) PROGRAM AUTHORITY.—Section 603 of the For4 eign Relations Authorization Act, Fiscal Years 1986 and

5 1987 (22 U.S.C. 4703) is amended by striking ‘‘United

6 States Information Agency’’ and inserting ‘‘Department

7 of State’’.

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

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

10 Information Agency’’ and inserting ‘‘Department of

11 State’’.

12 (c) POLICY REGARDING OTHER INTERNATIONAL

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

14 (22 U.S.C. 4706(b)) is amended—

15 (1) in the subsection heading, by striking

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

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

18 Information Agency’’ and inserting ‘‘Secretary of

19 State’’.

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

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

22 States Information Agency’’ and inserting ‘‘Department

23 of State’’.

24 SEC. 1311. NATIONAL SECURITY EDUCATION BOARD.

25 Section 803 of the Intelligence Authorization Act,

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

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

3 (B) by redesignating paragraph (7) as

4 paragraph (6); and

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

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

7 SEC. 1312. CENTER FOR CULTURAL AND TECHNICAL INTER8 CHANGE BETWEEN NORTH AND SOUTH.

9 Section 208 of the Foreign Relations Authorization

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

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

14 SEC. 1313. CENTER FOR CULTURAL AND TECHNICAL INTER15 CHANGE BETWEEN EAST AND WEST.

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

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

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

19 ‘‘Director of the United States Information Agency’’

20 (hereinafter referred to as the ‘Director’)’’ and in21 serting ‘‘Secretary of State (hereinafter referred to

22 as the ‘Secretary’); and

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

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

2 U.S.C. 2056) is amended—

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

4 Information Agency’’ and inserting ‘‘Secretary of

5 State’’; and

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

7 and inserting ‘‘Secretary’’.

8 SEC. 1314. MISSION OF THE DEPARTMENT OF STATE.

9 Section 202 of the Foreign Relations Authorization

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

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

12 the United States Information Agency’’ and insert13 ing ‘‘mission of the Department of State in carrying

14 out its information, educational, and cultural func15 tions’’;

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

17 paragraph (1), by striking ‘‘United States Informa18 tion Agency’’ and inserting ‘‘Department of State’’;

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

20 and inserting ‘‘Department’’; and

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

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

23 section’’.
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1 SEC. 1315. CONSOLIDATION OF ADMINISTRATIVE SERV2 ICES.

3 Section 23 of the State Department Basic Authorities

4 Act of 1956 (22 U.S.C. 2695(a)) is amended—

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

6 through ‘‘Agency)’’; and

7 (2) by striking ‘‘other such agencies’’ and in8 serting ‘‘other Federal agencies’’.

9 SEC. 1316. GRANTS.

10 Section 212 of the Foreign Relations Authorization

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

12 amended—

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

14 States Information Agency’’ and inserting ‘‘Depart15 ment of State, in carrying out its international infor16 mation, educational, and cultural functions,’’;

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

18 States Information Agency’’ and inserting ‘‘Depart19 ment of State’’;

20 (3) in subsection (c)—

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

22 States Information Agency shall substantially

23 comply with United States Information Agen24 cy’’ and inserting ‘‘Department of State, in car25 rying out its international information, edu-
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1 cational, and cultural functions, shall substan2 tially comply with Department of State’’; and

3 (B) in paragraph (2), by striking ‘‘United

4 States Information Agency’’ and inserting ‘‘De5 partment of State’’; and

6 (C) in paragraphs (2) and (3), by striking

7 ‘‘Agency’’ each of the two places it appears and

8 inserting ‘‘Department’’; and

9 (4) by striking subsection (d).

10 SEC. 1317. BAN ON DOMESTIC ACTIVITIES.

11 Section 208 of the Foreign Relations Authorization

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

13 is amended—

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

15 Agency’’ each of the two places it appears and in16 serting ‘‘Department of State’’; and

17 (2) by inserting ‘‘in carrying out international

18 information, educational, and cultural activities com19 parable to those previously administered by the

20 United States Information Agency’’ before ‘‘shall be

21 distributed’’.

22 SEC. 1318. CONFORMING REPEAL TO THE ARMS CONTROL

23 AND DISARMAMENT ACT.

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

25 Act (22 U.S.C. 2574(b)) is repealed.
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1 SEC. 1319. REPEAL RELATING TO PROCUREMENT OF

2 LEGAL SERVICES.

3 Section 26(b) of the State Department Basic Au4 thorities Act of 1956 (22 U.S.C. 2698(b)) is repealed.

5 SEC. 1320. REPEAL RELATING TO PAYMENT OF SUBSIST6 ENCE EXPENSES.

7 Section 32 of the State Department Basic Authorities

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

9 second sentence.

10 SEC. 1321. CONFORMING AMENDMENT TO THE SEED ACT.

11 Section 2(c) of the Support for East European De12 mocracy (SEED) Act of 1989 (22 U.S.C. 5401(c)) is

13 amended in paragraph (17) by striking ‘‘United States In14 formation Agency’’ and inserting ‘‘Department of State’’.

15 SEC. 1322. INTERNATIONAL CULTURAL AND TRADE CEN16 TER COMMISSION.

17 Section 7(c)(1) of the Federal Triangle Development

18 Act (40 U.S.C. 1106(c)(1)) is amended—

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

20 striking ‘‘15 members’’ and inserting ‘‘14 mem21 bers’’;

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

23 (3) by redesignating subparagraphs (G)

24 through (J) as subparagraphs (F) through (I), re25 spectively.
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1 SEC. 1323. OTHER LAWS REFERENCED IN REORGANIZA2 TION PLAN NO. 2 OF 1977.

3 (a) IMMIGRATION AND NATIONALITY ACT.—(1) Sec4 tion 101(a)(15)(J) of the Immigration and Nationality

5 Act (8 U.S.C. 1101(a)(15)(J)) is amended by striking

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

7 inserting ‘‘Secretary of State’’.

8 (2) Section 212(e) of such Act (8 U.S.C. 1182(e))

9 is amended—

10 (A) by striking ‘‘Director of the United States

11 Information Agency’’ and inserting ‘‘Secretary of

12 State’’; and

13 (B) by striking ‘‘Director’’ each place it appears

14 and inserting ‘‘Secretary’’.

15 (b) ARTS AND ARTIFACTS INDEMNITY ACT.—Section

16 3(a) of the Arts and Artifacts Indemnity Act (20 U.S.C.

17 972(a)) is amended by striking out ‘‘Director of the Unit18 ed States Information Agency’’ and inserting in lieu there19 of ‘‘Secretary of State’’.

20 (c) NATIONAL FOUNDATION ON THE ARTS AND THE

21 HUMANITIES ACT OF 1965.—Section 9(b) of the National

22 Foundation on the Arts and the Humanities Act of 1965

23 (20 U.S.C. 958(b)) is amended by striking out ‘‘a member

24 designated by the Director of the United States Informa25 tion Agency,’’ and inserting in lieu thereof ‘‘a member des26 ignated by the Secretary of State,’’.
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1 (d) WOODROW WILSON MEMORIAL ACT OF 1968.—

2 Section 3(b) of the Woodrow Wilson Memorial Act of 1968

3 (20 U.S.C. 80f(b)) is amended—

4 (1) in the matter preceding paragraph (1), by

5 striking out ‘‘19 members’’ and inserting in lieu

6 thereof ‘‘18 members’’;

7 (2) by striking out paragraph (7); and

8 (3) by redesignating paragraphs (8), (9), and

9 (10) as paragraphs (7), (8), and (9), respectively.

10 (e) PUBLIC LAW 95–86.—Title V of the Departments

11 of State, Justice, and Commerce, the Judiciary, and Re12 lated Agencies Appropriations Act, 1978 (Public Law 95–

13 86) is amended in the third proviso of the paragraph

14 ‘‘SALARIES AND EXPENSES’’ under the heading ‘‘UNITED

15 STATES INFORMATION AGENCY’’ (22 U.S.C. 1461b) by

16 striking out ‘‘the United States Information Agency is au17 thorized,’’ and inserting in lieu thereof ‘‘the Secretary of

18 State may,’’.

19 (f) ACT OF JULY 9, 1949.—The Act of July 9, 1949

20 (63 Stat. 408; chapter 301; 22 U.S.C. 2681 et seq.) is

21 repealed.
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1 SEC. 1324. EXCHANGE PROGRAM WITH COUNTRIES IN

2 TRANSITION FROM TOTALITARIANISM TO DE3 MOCRACY.

4 Section 602 of the National and Community Service

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

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

7 striking ‘‘United States Information Agency’’ and

8 inserting ‘‘Department of State’’; and

9 (2) in subsection (b)—

10 (A) by striking ‘‘appropriations account of

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

13 the Department of State’’; and

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

16 SEC. 1325. EDMUND S. MUSKIE FELLOWSHIP PROGRAM.

17 Section 227 of the Foreign Relations Authorization

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

19 is amended—

20 (1) in subsection (b), by striking ‘‘United

21 States Information Agency’’ and inserting ‘‘Depart22 ment of State’’; and

23 (2) by striking subsection (d).
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1 SEC. 1326. IMPLEMENTATION OF CONVENTION ON CUL2 TURAL PROPERTY.

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

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

7 State’’.

8 SEC. 1327. REPEAL.

9 Section 252(a) of the Foreign Relations Authoriza10 tion Act, Fiscal Years 1994 and 1995 (22 U.S.C. 6101(a))

11 is repealed.

12 SEC. 1328. UNITED STATES ADVISORY COMMITTEE FOR

13 PUBLIC DIPLOMACY.

14 Section 604 of the United States Information and

15 Educational Exchange Act of 1948 (22 U.S.C. 1469) is

16 amended—

17 (1) in subsection (c)(1)—

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

19 States Information Agency,’’; and

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

21 and shall appraise the effectiveness of policies

22 and programs of the Agency’’ and inserting

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

24 and shall appraise the effectiveness of the infor25 mation, educational, and cultural policies and

26 programs of the Department’’;
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1 (2) in subsection (c)(2), in the first sentence—

2 (A) by striking ‘‘the Secretary of State,

3 and the Director of the United States Informa4 tion Agency’’ and inserting ‘‘, and the Secretary

5 of State’’;

6 (B) by striking ‘‘Agency’’ the first place it

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

8 and

9 (C) by striking ‘‘Director for effectuating

10 the purposes of the Agency’’ and inserting

11 ‘‘Secretary for effectuating the information,

12 educational, and cultural functions of the De13 partment’’;

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

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

17 by the Department of State’’; and

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

19 of the United States Information Agency’’ and in20 serting ‘‘Secretary of State’’.

21 SEC. 1329. EFFECTIVE DATE.

22 This title, and the amendments made by this title,

23 shall take effect on the earlier of—

24 (1) March 1, 1997; or
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1 (2) the date on which the reorganization plan

2 for the United States Information Agency is fully

3 implemented pursuant to section 1704.

4 TITLE XIV—AGENCY FOR INTER5 NATIONAL DEVELOPMENT

6 AND THE INTERNATIONAL

7 DEVELOPMENT COOPERA8 TION AGENCY

9 SEC. 1401. ABOLITIONS; REFERENCES IN PART.

10 (a) ABOLITIONS.—The Agency for International De11 velopment and the International Development Cooperation

12 Agency (exclusive of components expressly established by

13 statute or reorganization plan) are abolished upon the ef14 fective date of this title.

15 (b) REFERENCES IN PART.—Except as specifically

16 provided in this title, whenever in this title an amendment

17 or repeal is expressed as an amendment to or repeal of

18 a provision, the reference shall be deemed to be made to

19 the Foreign Assistance Act of 1961.

20 SEC. 1402. REFERENCES IN THE FOREIGN ASSISTANCE ACT

21 OF 1961.

22 References in the Foreign Assistance Act of 1961 (22

23 U.S.C. 2151 et seq.) to—

24 (1) the ‘‘administrator of the agency primarily

25 responsible for administering part I of this Act’’,
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1 ‘‘administrator of the agency primarily responsible

2 for administering this part’’, and the ‘‘Adminis3 trator’’ shall be deemed to be references to the Sec4 retary of State; and

5 (2) the ‘‘agency primarily responsible for ad6 ministering part I of this Act’’, the ‘‘agency pri7 marily responsible for administering this part’’, and

8 ‘‘agency’’ (except as used in sections 231 and 661

9 of such Act) shall be deemed to be the Department

10 of State.

11 SEC. 1403. EXERCISE OF FUNCTIONS BY THE SECRETARY

12 OF STATE.

13 Section 621(a) (22 U.S.C. 2381(a)) is amended—

14 (1) in the first sentence, by inserting before the

15 period the following: ‘‘, except that functions con16 ferred upon the President in part I of this Act may

17 be exercised by the Secretary of State’’; and

18 (2) in the second and third sentences, by strik19 ing ‘‘head of any such agency’’ each place it appears

20 and inserting ‘‘Secretary of State and any other

21 head of any such agency’’.

22 SEC. 1404. REPEAL OF POSITIONS; EMPLOYMENT AND CON23 TRACTING AUTHORITIES.

24 The following sections are repealed:
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1 (1) Section 624 (a), (b), (c), and (e) (22 U.S.C.

2 2384 (a), (b), (c), and (e); relating to statutory offi3 cers).

4 (2) Section 626 (a) and (b) (22 U.S.C. 2386

5 (a) and (b); relating to experts and consultants).

6 SEC. 1405. DEVELOPMENT LOAN COMMITTEE.

7 Section 122(e) (22 U.S.C. 2151t(e)) is amended by

8 inserting after the first sentence the following new sen9 tence: ‘‘The Secretary of State shall serve as Chairman

10 of the Committee.’’.

11 SEC. 1406. DEVELOPMENT COORDINATION COMMITTEE.

12 (a) ANNUAL REPORT.—Section 634(a) (22 U.S.C.

13 2394(a)) is amended in the text above paragraph (1)(A)

14 by striking ‘‘Chairman of the Development Coordination

15 Committee’’ and inserting ‘‘Secretary of State’’.

16 (b) COORDINATION.—Section 640B(a) (22 U.S.C.

17 2399(a)) is amended by striking ‘‘head of the agency pri18 marily responsible for administering part I, Chairman,

19 and representatives of the Departments of State,’’ and in20 serting ‘‘Secretary of State,’’.

21 SEC. 1407. PUBLIC LAW 83–480 PROGRAM.

22 The Agricultural Trade Development and Assistance

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

24 is amended—
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1 (1) by striking ‘‘Administrator’’ each place it

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

3 (2) in section 402 (7 U.S.C. 1732)—

4 (A) by striking paragraph (1); and

5 (B) by redesignating paragraphs (2)

6 through (8) as paragraphs (1) through (7), re7 spectively.

8 SEC. 1408. CONFORMING AMENDMENTS TO TITLE 5, UNITED

9 STATES CODE.

10 (a) ADMINISTRATOR.—Section 5313 of title 5, United

11 States Code, is amended by striking ‘‘Administrator,

12 Agency for International Development.’’.

13 (b) DEPUTY ADMINISTRATOR.—Section 5314 of title

14 5, United States Code, is amended by striking ‘‘Deputy

15 Administrator, Agency for International Development.’’.

16 (c) ASSISTANT ADMINISTRATORS.—Section 5315 of

17 title 5, United States Code, is amended by striking ‘‘As18 sistant Administrators, Agency for International Develop19 ment (6).’’.

20 (d) REGIONAL ASSISTANT ADMINISTRATORS.—Sec21 tion 5315 of title 5, United States Code, is amended by

22 striking ‘‘Regional Assistant Administrators, Agency for

23 International Development (4).’’.
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1 (e) GENERAL COUNSEL.—Section 5316 of title 5,

2 United States Code, is amended by striking ‘‘General

3 Counsel of the Agency for International Development.’’.

4 SEC. 1409. TRADE PROMOTION COORDINATING COMMIT5 TEE.

6 Section 2312 of the Export Enhancement Act of

7 1988 (15 U.S.C. 4727) is amended—

8 (1) in subsection (d)(1)—

9 (A) by striking subparagraph (I); and

10 (B) by redesignating subparagraphs (J)

11 through (M) as subparagraphs (I) through (L),

12 respectively; and

13 (2) in subsection (f)—

14 (A) by inserting ‘‘the Committee on For15 eign Relations and’’ after ‘‘submit to’’; and

16 (B) by striking ‘‘Foreign Affairs’’ and in17 serting ‘‘International Relations’’.

18 SEC. 1410. CHIEF FINANCIAL OFFICER.

19 Section 901(b)(2) of title 31, United States Code, is

20 amended—

21 (1) by striking subparagraph (A) (relating to

22 the Agency for International Development); and

23 (2) by redesignating subparagraphs (B)

24 through (H) as subparagraphs (A) through (G), re25 spectively.
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1 SEC. 1411. REFERENCES IN LAW.

2 Any reference in any statute, reorganization plan,

3 Executive order, regulation, agreement, determination, or

4 other official document or proceeding to the Agency for

5 International Development or the International Develop6 ment Cooperation Agency (insofar as it exercises AID

7 functions) or the Administrator or other official of the

8 Agency for International Development (or the Director or

9 other official of IDCA exercising AID functions) shall be

10 deemed to refer respectively to the Department of State

11 or the Secretary of State or other official of the Depart12 ment of State.

13 SEC. 1412. EFFECTIVE DATE.

14 This title, and the amendments made by this title,

15 shall take effect on the earlier of—

16 (1) March 1, 1997; or

17 (2) the date on which the reorganization plan

18 for the Agency for International Development and

19 the International Development Cooperation Agency

20 is fully implemented pursuant to section 1705.
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1 TITLE XV—PROPOSED REORGA2 NIZATION OF THE UNITED NA3 TIONS

4 SEC. 1501. SENSE OF CONGRESS REGARDING UNITED NA5 TIONS REORGANIZATION.

6 It is the sense of the Congress that the President,

7 acting through the United States Permanent Representa8 tive to the United Nations, should propose to the United

9 Nations—

10 (1) the consolidation of the United Nation’s

11 technical cooperation activities between the United

12 Nations Headquarters and the offices of the United

13 Nations in Geneva, Switzerland, to create a unified

14 agency for technical cooperation for sustainable de15 velopment with a microenterprise lending capacity

16 merging the functions of—

17 (A) the United Nations Development Pro18 gram (UNDP);

19 (B) the United Nations Population Fund

20 (UNFPA);

21 (C) the United Nations Environmental

22 Program (UNEP);

23 (D) the United Nations Industrial Devel24 opment Organization (UNIDO);
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1 (E) the International Fund for Agricul2 tural Development (IFAD);

3 (F) the United Nations Capital Develop4 ment Fund (UNCDF); and

5 (G) the United Nations Development Fund

6 for Women (UNIFEM); and

7 (2) the consolidation of the United Nation’s

8 emergency response mechanism by merging the

9 emergency functions of the United Nations Chil10 dren’s Fund (UNICEF), the World Food Program

11 (WFP), and the Office of the United Nations High

12 Commissioner for Refugees (UNHCR).

13 SEC. 1502. REORGANIZATION PLAN.

14 The President shall submit to Congress, together

15 with the budget submitted pursuant to section 1105 of

16 title 31, United States Code, for fiscal year 1997, a plan

17 recommending a strategic reorganization of the United

18 Nations. The plan shall include the consolidation of func19 tions described in section 1501 and such other rec20 ommendations as may be necessary to achieve the effi21 cient, cost-effective conduct of the responsibilities of the

22 United Nations.
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1 TITLE XVI—PLAN FOR REORGA2 NIZATION OF UNITED STATES

3 EXPORT PROMOTION AND

4 TRADE ACTIVITIES

5 SEC. 1601. REPORT.

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

7 findings:

8 (1) Supporting American businesses overseas

9 and assisting United States exporters to identify

10 market opportunities is of increasing importance to

11 America’s economic health and competitiveness, and

12 to the well-being of American workers.

13 (2) At least 18 different government-sponsored

14 organizations or agencies spending over

15 $30,000,000,000 exist to provide support to Amer16 ican exporters and international businesses. In the

17 past, poor coordination among these organizations

18 and a lack of accessibility often hindered the effec19 tiveness of the Government’s trade promotion activi20 ties.

21 (3) Recent efforts to improve coordination be22 tween many of these organizations and to increase

23 their availability to exporters around the country

24 were begun through the Trade Promotion Coordina25 tion Council. These efforts appear to have generated
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1 some improvement in the Government’s trade pro2 motion capabilities.

3 (4) Broader government-wide reform efforts

4 and future funding questions currently being ad5 dressed in Congress may affect different trade pro6 motion organizations to varying degrees.

7 (b) REPORT REQUIRED.—Therefore, in order to fully

8 assess the organizational structure, capability, and spend9 ing levels of United States Government trade promotion

10 organizations, the President, not later than March 1,

11 1996, shall submit to the Committee on Foreign Relations

12 in the Senate and the Committee on International Rela13 tions in the House of Representatives, and to other appro14 priate committees of jurisdiction, a report detailing what

15 steps are being taken to improve accessibility and coordi16 nation among all trade promotion organizations and agen17 cies, what additional measures should be taken to further

18 improve the efficiency of and reduce duplication among

19 these organizations and agencies, and any suggested legis20 lative actions that would further improve the Govern21 ment’s export and trade promotion activities.

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

23 subsection (b) shall—

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

25 budget of all Government organizations or agencies
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1 with some responsibility for supporting, advancing,

2 or promoting international trade or United States

3 exports;

4 (2) assess the amount of exports directly gen5 erated by the activities of each organization or agen6 cy;

7 (3) describe the overall impact of the Govern8 ment’s trade and export promotion programs on in9 creasing exports and overseas market share;

10 (4) identify areas where increased cooperation

11 and interoperability would improve United States ex12 port promotion efforts;

13 (5) identify areas where greater efficiencies can

14 be achieved through the elimination of duplication

15 among the organizations and agencies included in

16 paragraph (1);

17 (6) identify ways to improve the audit and ac18 countability mechanisms for each organization or

19 agency, with particular emphasis or ensuring inde20 pendent oversight capabilities for each organization;

21 (7) an assessment of the trade and export pro22 motion activities of the United States major trade

23 partners and competitors, including but not limited

24 to amounts of tied aid and export subsidization pro-
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1 vided by the Governments of those trade partners

2 and competitors; and

3 (8) a plan to reorganize the United States trade

4 and export promotion organizations and agencies,

5 with legislative requirements if necessary, in order to

6 more efficiently promote trade, increase organiza7 tional assessability, organize bureaucratic effort, and

8 expend public resources in support of American ex9 porters and international business.

10 TITLE XVII—TRANSITION

11 PROVISIONS

12 SEC. 1701. TRANSFER OF FUNCTIONS.

13 (a) DEPARTMENT OF STATE.—Except as otherwise

14 provided in this Act, there are transferred to, and vested

15 in, the Secretary of State on the effective dates specified

16 under this section all functions vested by law (including

17 by reorganization plan approved before the date of the en18 actment of this Act pursuant to chapter 9 of title 5, Unit19 ed States Code) in, or exercised by, the head of each of

20 the following agencies, the agencies themselves, or officers,

21 employees, or components thereof, immediately prior to

22 such date:

23 (1) The United States Arms Control and Disar24 mament Agency, on the effective date of title XII.
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1 (2) The United States Information Agency, on

2 the effective date of title XIII.

3 (3) The Agency for International Development

4 and the International Development Cooperation

5 Agency (exclusive of components expressly estab6 lished by statute or reorganization plan), on the ef7 fective date of title XIV.

8 (b) BROADCASTING BOARD OF GOVERNORS.—There

9 are transferred to, and vested in, the Broadcasting Board

10 of Governors of the Department of State under title III

11 of the Foreign Relations Authorization Act, Fiscal Years

12 1994 and 1995 (as amended by section 1306 of this Act)

13 on the effective date of title XIII all functions vested by

14 law in, or exercised by, the Broadcasting Board of Gov15 ernors of the United States Information Agency as of the

16 day before that date.

17 (c) OFFICE OF CHIEF FINANCIAL OFFICER OF THE

18 DEPARTMENT OF STATE.—There are transferred to the

19 Chief Financial Officer of the Department of State on the

20 effective date of title XIV all functions that were vested

21 by law in, or exercised by, the Chief Financial Officer of

22 the Agency for International Development immediately

23 prior to such date.

24 (d) OFFICE OF INSPECTOR GENERAL FOR FOREIGN

25 AFFAIRS OF THE DEPARTMENT OF STATE.—There are
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1 transferred to the Inspector General for Foreign Affairs

2 of the Department of State, as established in section 209

3 of the Foreign Service Act of 1980 (as amended by this

4 Act) on the effective dates specified under this subsection

5 the following functions:

6 (1) On the effective date of title XIII: All func7 tions that were vested by law in, or exercised by, the

8 Inspector General of the United States Information

9 Agency immediately prior to such date.

10 (2) On the effective date of title XIV: All func11 tions that were vested by law in, or exercised by, the

12 Inspector General of the Agency for International

13 Development immediately prior to such date.

14 (e) STATUTORY CONSTRUCTION.—Nothing in this

15 section precludes a transfer of functions on a date prior

16 to an effective date specified under this section if the

17 transfer is made in accordance with the schedule of trans18 fers set forth in a reorganization plan approved under this

19 title.

20 SEC. 1702. DETERMINATION OF TRANSFERRED FUNCTIONS

21 AND EMPLOYEES.

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

23 (b), the Secretary of State shall, with the cooperation of

24 the head of the transferor agency, identify the functions

25 or employees, or both, of the agency that are to be trans-
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1 ferred to the Department of State pursuant to section

2 1701. Any disagreements between the head of such an

3 agency and the Secretary with respect to such an identi4 fication shall be resolved by the Director of the Office of

5 Management and Budget.

6 (b) AGENCY FOR INTERNATIONAL DEVELOPMENT.—

7 The Secretary of State shall determine the functions of

8 the Agency for International Development, and the num9 ber of employees of such Agency necessary to perform or

10 support such functions, which are to be transferred from

11 the Agency for International Development to the Depart12 ment of State pursuant to section 1701.

13 SEC. 1703. REORGANIZATION PLAN FOR THE UNITED

14 STATES ARMS CONTROL AND DISARMAMENT

15 AGENCY.

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

17 1996, the President, in consultation with the Secretary of

18 State, shall transmit to the appropriate congressional com19 mittees a reorganization plan providing for—

20 (1) the abolition of the United States Arms

21 Control and Disarmament Agency in accordance

22 with this title;

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

24 the functions and personnel of the Arms Control and

25 Disarmament Agency as the President determines
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1 necessary to carry out the primary functions of the

2 Agency, consistent with this title and title XII; and

3 (3) the consolidation, reorganization, and

4 streamlining of the Department upon the transfer of

5 functions under this title in order to carry out such

6 functions.

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

8 (a) shall—

9 (1) identify the functions of the Arms Control

10 and Disarmament Agency that will be transferred to

11 the Department under the plan, as well as those

12 that will be abolished under the plan;

13 (2) identify the personnel and positions of the

14 Agency (including civil service personnel, Foreign

15 Service personnel, and detailees) that will be trans16 ferred to the Department, separated from service

17 with the Agency, or be terminated under the plan,

18 and set forth a schedule for such transfers, separa19 tions, and terminations;

20 (3) identify the personnel and positions of the

21 Department (including civil service personnel, For22 eign Service personnel, and detailees) that will be

23 transferred within the Department, separated from

24 service with the Department, or terminated under
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1 the plan and set forth a schedule for such transfers,

2 separations, and terminations;

3 (4) specify the consolidations and reorganiza4 tion of functions of the Department that will be re5 quired under the plan in order to permit the Depart6 ment to carry out the functions transferred to the

7 Department under the plan;

8 (5) specify the funds available to the Arms Con9 trol and Disarmament Agency that will be trans10 ferred to the Department under this title as a result

11 of the abolition of the Agency;

12 (6) specify the proposed allocations within the

13 Department of unexpended funds of the Agency that

14 will be transferred to the Department under the

15 plan; and

16 (7) specify the proposed disposition of the prop17 erty, facilities, contracts, records, and other assets

18 and liabilities of the Agency that will result from the

19 abolition of the Agency and the transfer of the func20 tions of the Agency to the Department under the

21 plan.

22 (c) EFFECTIVE DATE OF PLAN.—The plan transmit23 ted under subsection (a) shall become effective on the date

24 Congress enacts a joint resolution, in accordance with sec25 tion 1708, approving the plan.
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1 (d) REDUCTION OF EMPLOYEES.—(1) The Director

2 of the United States Arms Control and Disarmament

3 Agency shall take such actions as necessary under section

4 611 of the Foreign Service Act of 1980 (22 U.S.C.

5 4010a), in the case of members of the Foreign Service,

6 or under regulations prescribed under section 3502 of title

7 5, United States Code, and procedures established under

8 section 3595, of title 5, United States Code, in the case

9 of Federal employees who are not members of the Foreign

10 Service, to reduce by eight percent the number of employ11 ees employed by the Agency on the date of the enactment

12 of this Act. The Director shall achieve the reduction not

13 later than February 28, 1997.

14 (2) For purposes of this subsection, the transfer of

15 any employee of the Agency to the Department of State,

16 or to any other department or agency of the United

17 States, shall be excluded from the computation of the per18 centage reduction in personnel under this subsection.

19 (e) REDUCTION IN FUNDS FOR SALARIES AND EX20 PENSES FOR FAILURE TO IMPLEMENT PLAN.—If the Sec21 retary of State and the Director of the United States

22 Arms Control and Disarmament Agency do not complete

23 the implementation of the reorganization plan of the Agen24 cy under this section in accordance with the schedule in

25 the plan as approved under section 1708, the amount of
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1 funds that the Secretary and the Director may obligate

2 for salaries and expenses of the Department of State and

3 the Agency, respectively, in the fiscal year in which the

4 implementation of the plan is otherwise scheduled to be

5 completed under the plan shall be reduced by an amount

6 equal to 20 percent of the amount otherwise appropriated

7 to the Department and the Agency, respectively, in that

8 fiscal year for salaries and expenses.

9 SEC. 1704. REORGANIZATION PLAN FOR THE UNITED

10 STATES INFORMATION AGENCY.

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

12 1996, the President, in consultation with the Secretary of

13 State, shall transmit to the appropriate congressional com14 mittees a reorganization plan providing for—

15 (1) the abolition of the United States Informa16 tion Agency in accordance with this title;

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

18 the functions and personnel of the United States In19 formation Agency as the President determines nec20 essary to carry out the primary functions of the

21 Agency, consistent with this title and title XIII and

22 subject to paragraph (3);

23 (3) the transfer to the corresponding compo24 nents of the Department of State of such functions

25 and personnel of the components of the Agency de-
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1 scribed in sections 1701(b) and 1701(d)(1) as the

2 President determines necessary to carry out the pri3 mary functions of those components; and

4 (4) the consolidation, reorganization, and

5 streamlining of the Department upon the transfer of

6 functions under this title in order to carry out such

7 functions.

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

9 (a) shall—

10 (1) identify the functions of the United States

11 Information Agency that will be transferred to the

12 Department under the plan, as well as those that

13 will be abolished under the plan;

14 (2) identify the personnel and positions of the

15 Agency (including civil service personnel, Foreign

16 Service personnel, and detailees) that will be trans17 ferred to the Department, separated from service

18 with the Agency, or be terminated under the plan,

19 and set forth a schedule for such transfers, separa20 tions, and terminations;

21 (3) identify the personnel and positions of the

22 Department (including civil service personnel, For23 eign Service personnel, and detailees) that will be

24 transferred within the Department, separated from

25 service with the Department, or terminated under
230

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

2 separations, and terminations;

3 (4) specify the consolidations and reorganiza4 tion of functions of the Department that will be re5 quired under the plan in order to permit the Depart6 ment to carry out the functions transferred to the

7 Department under the plan;

8 (5) specify the funds available to the United

9 States Information Agency that will be transferred

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

11 abolition of the Agency;

12 (6) specify the proposed allocations within the

13 Department of unexpended funds of the Agency that

14 will be transferred to the Department under the

15 plan; and

16 (7) specify the proposed disposition of the prop17 erty, facilities, contracts, records, and other assets

18 and liabilities of the Agency that will result from the

19 abolition of the Agency and the transfer of the func20 tions of the Agency to the Department under the

21 plan.

22 (c) EFFECTIVE DATE OF PLAN.—The plan transmit23 ted under subsection (a) shall become effective on the date

24 on which Congress enacts a joint resolution, in accordance

25 with section 1708, approving the plan.
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1 (d) REDUCTION OF EMPLOYEES.—(1) Subject to

2 paragraph (2), the Director of the United States Informa3 tion Agency shall take such actions as necessary under

4 section 611 of the Foreign Service Act of 1980 (22 U.S.C.

5 4010a), in the case of members of the Foreign Service,

6 or under regulations prescribed under section 3502 of title

7 5, United States Code, and procedures established under

8 section 3595, of title 5, United States Code, in the case

9 of Federal employees who are not members of the Foreign

10 Service, to reduce by 25 percent the number of employees

11 employed by the Agency on the date of the enactment of

12 this Act. The Director shall achieve the reduction not later

13 than February 28, 1997.

14 (2) For purposes of this subsection, the transfer of

15 any employee of the Agency to the Department of State,

16 or to any other department or agency of the United

17 States, shall be excluded from the computation of the per18 centage reduction in personnel under this subsection.

19 (3) In reducing the number of employees employed

20 by the Agency under this subsection, the Director shall

21 ensure that the number of members of the Foreign Service

22 employed by the Agency does not exceed the number of

23 such members authorized to be employed by the Agency

24 under section 141.
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1 (e) REDUCTION IN FUNDS FOR SALARIES AND EX2 PENSES FOR FAILURE TO IMPLEMENT PLAN.—If the Sec3 retary of State and the Director of the United States In4 formation Agency do not complete the implementation of

5 the reorganization plan of the Agency under this section

6 in accordance with the schedule in the plan as approved

7 under section 1708, the amount of funds that the Sec8 retary and the Director may obligate for salaries and ex9 penses of the Department of State and the Agency, respec10 tively, in the fiscal year in which the implementation of

11 the plan is otherwise scheduled to be completed under the

12 plan shall be reduced by an amount equal to 20 percent

13 of the amount otherwise appropriated to the Department

14 and the Agency, respectively, in that fiscal year for sala15 ries and expenses.

16 SEC. 1705. REORGANIZATION PLAN FOR THE AGENCY FOR

17 INTERNATIONAL DEVELOPMENT.

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

19 1996, the President, in consultation with the Secretary of

20 State, shall transmit to the appropriate congressional com21 mittees a reorganization plan providing for—

22 (1) the abolition of the Agency for International

23 Development in accordance with this title;

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

25 the functions and personnel of the Agency for Inter-
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1 national Development as the President determines

2 necessary to carry out the primary functions of the

3 Agency, consistent with this title and title XIV;

4 (3) the transfer to the corresponding compo5 nents of the Department of State of such functions

6 and personnel of the components of the Agency de7 scribed in sections 1701(c) and 1701(d)(2) as the

8 President determines necessary to carry out the pri9 mary functions of those components; and

10 (4) the consolidation, reorganization, and

11 streamlining of the Department upon the transfer of

12 functions under this title in order to carry out such

13 functions.

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

15 (a) shall—

16 (1) identify the functions of the Agency for

17 International Development that will be transferred

18 to the Department under the plan, as well as those

19 that will be abolished under the plan;

20 (2) identify the personnel and positions of the

21 Agency (including civil service personnel, Foreign

22 Service personnel, and detailees) that will be trans23 ferred to the Department, separated from service

24 with the Agency, or be terminated under the plan,
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1 and set forth a schedule for such transfers, separa2 tions, and terminations;

3 (3) identify the personnel and positions of the

4 Department (including civil service personnel, For5 eign Service personnel, and detailees) that will be

6 transferred within the Department, separated from

7 service with the Department, or terminated under

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

9 separations, and terminations;

10 (4) specify the consolidations and reorganiza11 tion of functions of the Department that will be re12 quired under the plan in order to permit the Depart13 ment to carry out the functions transferred to the

14 Department under the plan;

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

16 International Development that will be transferred

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

18 abolition of the Agency;

19 (6) specify the proposed allocations within the

20 Department of unexpended funds of the Agency that

21 will be transferred to the Department under the

22 plan; and

23 (7) specify the proposed disposition of the prop24 erty, facilities, contracts, records, and other assets

25 and liabilities of the Agency that will result from the
235

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1 abolition of the Agency and the transfer of the func2 tions of the Agency to the Department under the

3 plan.

4 (c) EFFECTIVE DATE OF PLAN.—The plan transmit5 ted under subsection (a) shall become effective on the date

6 on which the Congress enacts a joint resolution, in accord7 ance with section 1708, approving the plan.

8 (d) REDUCTION OF EMPLOYEES.—(1) Subject to

9 paragraph (2), the Administrator of the Agency for Inter10 national Development shall take such actions as necessary

11 under section 611 of the Foreign Service Act of 1980 (22

12 U.S.C. 4010a), in the case of members of the Foreign

13 Service, or under regulations prescribed under section

14 3502 of title 5, United States Code, and procedures estab15 lished under section 3595, of title 5, United States Code,

16 in the case of Federal employees who are not members

17 of the Foreign Service, to reduce by 50 percent the num18 ber of employees employed by the Agency on the date of

19 the enactment of this Act. The Administrator shall achieve

20 the reduction not later than February 28, 1997.

21 (2) For purposes of this subsection, the transfer of

22 any employee of the Agency to the Department of State,

23 or any other department or agency of the United States,

24 shall be excluded from the computation of the percentage

25 reduction in personnel under this subsection.
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1 (3) In reducing the number of employees employed

2 by the Agency under this subsection, the Administrator

3 shall ensure that the number of members of the Foreign

4 Service employed by the Agency does not exceed the num5 ber of such members authorized to be employed by the

6 Agency under section 141.

7 (e) REDUCTION IN FUNDS FOR SALARIES AND EX8 PENSES FOR FAILURE TO IMPLEMENT PLAN.—If the Sec9 retary of State and the Administrator of the Agency for

10 International Development do not complete the implemen11 tation of the reorganization plan of the Agency under this

12 section in accordance with the schedule in the plan as ap13 proved under section 1708, the amount of funds that the

14 Secretary and the Administrator may obligate for salaries

15 and expenses of the Department of State and the Agency,

16 respectively, in the fiscal year in which the implementation

17 of the plan is otherwise scheduled to be completed under

18 the plan shall be reduced by an amount equal to 20 per19 cent of the amount otherwise appropriated to the Depart20 ment and the Agency, respectively, in that fiscal year for

21 salaries and expenses.
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1 SEC. 1706. ADDITIONAL REQUIREMENTS AND LIMITATIONS

2 ON REORGANIZATION PLANS.

3 (a) LIMITATION ON POWERS.—A reorganization plan

4 under section 1703, 1704, or 1705 may not have the effect

5 of—

6 (1) creating a new executive department;

7 (2) continuing a function beyond the period au8 thorized by law for its exercise or beyond the time

9 when it would have terminated if the reorganization

10 had not been made;

11 (3) authorizing an agency to exercise a function

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

13 is transmitted to Congress;

14 (4) creating a new agency which is not a com15 ponent or part of an existing executive department

16 or independent agency; or

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

18 provided by law for the office.

19 (b) EFFECT ON OTHER LAWS, PENDING LEGAL PRO20 CEEDINGS, AND UNEXPENDED APPROPRIATIONS.—(1) A

21 statute enacted, and a regulation or other action made,

22 prescribed, issued, granted, or performed in respect of or

23 by the agency or function affected by a reorganization

24 under this title, before the effective date of the reorganiza25 tion, has, except to the extent rescinded, modified, super26 seded, or made inapplicable by or under authority of law
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1 or by the abolition of a function, the same effect as if the

2 reorganization had not been made. However, if the stat3 ute, regulation, or other action has vested the functions

4 in a transferor agency, the function, insofar as it is to

5 be exercised after the plan becomes effective, shall be

6 deemed as vested in the transferee agency concerned.

7 (2) For the purpose of paragraph (1), the term ‘‘reg8 ulation or other action’’ means a regulation, rule, order,

9 policy, determination, directive, authorization, permit,

10 privilege, requirement, designation, or other action.

11 (c) NOTICE OF IMPLEMENTATION OF PLANS.—The

12 President shall cause to be published in the Federal Reg13 ister for each reorganization plan submitted under section

14 1703, 1704, or 1705 a notice of the date by which all

15 functions of the transferor agency are to be transferred

16 or terminated under the plan.

17 SEC. 1707. AMENDMENTS OR MODIFICATIONS TO REORGA18 NIZATION PLANS.

19 Any time during the period of 30 calendar days after

20 the date on which a reorganization plan is transmitted to

21 Congress under section 1703, 1704, or 1705, or after the

22 date on which the President transmits to Congress any

23 other plan having the effect of revising such a plan, but

24 before any resolution described in section 1708 has been

25 ordered reported in (or deemed to be discharged from) ei-
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1 ther House of Congress, the President may make amend2 ments or modifications to the plan, consistent with section

3 1703, 1704, or 1705, as the case may be, which modifica4 tions or revisions shall thereafter be treated as a part of

5 the reorganization plan originally transmitted and shall

6 not affect in any way the time limits otherwise provided

7 for in section 1708. The President may withdraw the plan

8 at any time prior to the conclusion of 45 calendar days

9 beginning on the date on which the plan is submitted to

10 Congress.

11 SEC. 1708. PROCEDURES FOR CONGRESSIONAL CONSIDER12 ATION OF REORGANIZATION PLANS.

13 (a) PROCEDURES.—A joint resolution described in

14 subsection (b) which is introduced in a House of Congress

15 in accordance with subsection (c) shall be considered in

16 Congress in accordance with the procedures set forth in

17 this section.

18 (b) TERMS OF RESOLUTION.—For the purpose of

19 subsection (a), the term ‘‘resolution’’ means only a joint

20 resolution of the Congress, the matter after the resolving

21 clause of which is as follows: ‘‘That the Congress approves

22 the reorganization plan numbered ll transmitted to the

23 Congress by the President on llllll, 19ll,

24 pursuant to section ll of the Foreign Affairs

25 Reinvention Act of 1995.’’, and includes such modifica-
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1 tions and revisions as are submitted by the President

2 under section 1707. The blank spaces therein are to be

3 filled appropriately. The term does not include a resolution

4 which specifies more than one reorganization plan.

5 (c) INTRODUCTION AND REFERENCE OF RESOLU6 TION.—(1) No later than the first day of session following

7 the day on which a reorganization plan is transmitted to

8 the House of Representatives and the Senate under sec9 tion 1703, 1704, or 1705, or any other plan transmitted

10 by the President to Congress having the effect of revising

11 such a plan, a resolution, as defined in subsection (b),

12 shall be introduced (by request) in the House by the chair13 man of the Committee on International Relations of the

14 House of Representatives, or by a Member or Members

15 of the House designated by such chairman, and shall be

16 introduced (by request) in the Senate by the chairman of

17 the Committee on Foreign Relations of the Senate, or by

18 a Member or Members of the Senate designated by such

19 chairman.

20 (2) A resolution with respect to a reorganization plan

21 shall be referred to the Committee on Foreign Relations

22 of the Senate and the Committee on International Rela23 tions of the House of Representatives (and all resolutions

24 with respect to the same plan shall be referred to the same

25 committee) by the President of the Senate or the Speaker
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1 of the House of Representatives, as the case may be. The

2 committee shall make its recommendations to the House

3 of Representatives or the Senate, as the case may be, with4 in 30 calendar days following the date of such resolution’s

5 introduction.

6 (d) DISCHARGE OF COMMITTEE CONSIDERING RESO7 LUTION.—If the committee to which is referred a resolu8 tion introduced pursuant to paragraph (1) of subsection

9 (c) (or, in the absence of such a resolution, the first resolu10 tion introduced with respect to the same reorganization

11 plan) has not reported such resolution or identical resolu12 tion at the end of 30 calendar days after its introduction,

13 such committee shall be deemed to be discharged from fur14 ther consideration of such resolution and such resolution

15 shall be placed on the appropriate calendar of the House

16 involved.

17 (e) PROCEDURE AFTER REPORT OR DISCHARGE OF

18 COMMITTEE; DEBATE; VOTE ON FINAL PASSAGE.—(1)

19 When the committee has reported, or has been deemed

20 to be discharged (under subsection (d)) from further con21 sideration of, a resolution with respect to a reorganization

22 plan, it is at any time thereafter in order (even though

23 a previous motion to the same effect has been disagreed

24 to) for any Member of the respective House to move to

25 proceed to the consideration of the resolution. The motion
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1 is highly privileged and is not debatable. The motion shall

2 not be subject to amendment, or to a motion to postpone,

3 or a motion to proceed to the consideration of other busi4 ness. A motion to reconsider the vote by which the motion

5 is agreed to or disagreed to shall not be in order. If a

6 motion to proceed to the consideration of the resolution

7 is agreed to, the resolution shall remain the unfinished

8 business of the respective House until disposed of.

9 (2) Debate on the resolution, and on all debatable

10 motions and appeals in connection therewith, shall be lim11 ited to not more than ten hours, which shall be divided

12 equally between individuals favoring and individuals op13 posing the resolution. A motion further to limit debate is

14 in order and not debatable. An amendment to, or a motion

15 to postpone, or a motion to proceed to the consideration

16 of other business, or a motion to recommit the resolution

17 is not in order. A motion to reconsider the vote by which

18 the resolution is passed or rejected shall not be in order.

19 (3) Immediately following the conclusion of the de20 bate on the resolution with respect to a reorganization

21 plan, and a single quorum call at the conclusion of the

22 debate if requested in accordance with the rules of the ap23 propriate House, the vote on final passage of the resolu24 tion shall occur.
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1 (4) Appeals from the decisions of the Chair relating

2 to the application of the rules of the Senate or the House

3 of Representatives, as the case may be, to the procedure

4 relating to a resolution with respect to a reorganization

5 plan shall be decided without debate.

6 (5) If, prior to the passage by one House of a resolu7 tion of that House, that House receives a resolution with

8 respect to the same reorganization plan from the other

9 House, then—

10 (A) the procedure in that House shall be the

11 same as if no resolution had been received from the

12 other House; but

13 (B) the vote on final passage shall be on the

14 resolution of the other House.

15 (f) RULES OF SENATE AND HOUSE OF REPRESENTA16 TIVES ON REORGANIZATION PLANS.—Subsections (b), (c),

17 (d), and (e) of this section are enacted by Congress—

18 (1) as an exercise of the rulemaking power of

19 the Senate and the House of Representatives, re20 spectively, and as such they are deemed a part of

21 the rules of each House, respectively, but applicable

22 only with respect to the procedure to be followed in

23 that House in the case of resolutions with respect to

24 any reorganization plans transmitted to Congress in

25 accordance with section 1703, 1704, or 1705, or any
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1 other plan transmitted by the President to Congress

2 having the effect of revising such a plan, and they

3 supersede other rules only to the extent that they

4 are inconsistent therewith; and

5 (2) with full recognition of the constitutional

6 right of either House to change the rules (so far as

7 relating to the procedure of that House) at any time,

8 in the same manner and to the same extent as in

9 the case of any other rule of that House.

10 SEC. 1709. TRANSITION FUND.

11 (a) ESTABLISHMENT.—There is hereby established

12 on the books of the Treasury an account to be known as

13 the ‘‘Foreign Affairs Reorganization Transition Fund’’.

14 (b) PURPOSE.—The purpose of the account is to pro15 vide funds for the orderly transfer of functions and per16 sonnel to the Department of State as a result of the imple17 mentation of this title and for payment of other costs asso18 ciated with the consolidation of foreign affairs agencies

19 under this title.

20 (c) DEPOSITS.—(1) Subject to paragraphs (2) and

21 (3), there shall be deposited into the account the following:

22 (A) Funds appropriated to the account pursu23 ant to the authorization of appropriations in sub24 section (j).
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1 (B) Funds transferred to the account by the

2 Secretary of State from funds that are transferred

3 to the Secretary by the head of an agency under

4 subsection (d).

5 (C) Funds transferred to the account by the

6 Secretary from funds that are transferred to the De7 partment of State together with the transfer of func8 tions to the Department under this title and that are

9 not required by the Secretary in order to carry out

10 the functions.

11 (D) Funds transferred to the account by the

12 Secretary from any unobligated funds that are ap13 propriated or otherwise made available to the De14 partment.

15 (2) The Secretary may transfer funds to the account

16 under subparagraph (C) of paragraph (1) only if the Sec17 retary determines that the amount of funds deposited in

18 the account pursuant to subparagraphs (A) and (B) of

19 that paragraph is inadequate to pay the costs of carrying

20 out this title.

21 (3) The Secretary may transfer funds to the account

22 under subparagraph (D) of paragraph (1) only if the Sec23 retary determines that the amount of funds deposited in

24 the account pursuant to subparagraphs (A), (B), and (C)
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1 of that paragraph is inadequate to pay the costs of carry2 ing out this title.

3 (d) TRANSFER OF FUNDS TO SECRETARY OF

4 STATE.—The head of a transferor agency shall transfer

5 to the Secretary the amount, if any, of the unobligated

6 funds appropriated or otherwise made available to the

7 agency for functions of the agency that are abolished

8 under this title which funds are not required to carry out

9 the functions of the agency as a result of the abolishment

10 of the functions under this title.

11 (e) USE OF FUNDS.—(1)(A) Notwithstanding any

12 other provision of law and subject to paragraph (2), the

13 Secretary shall use sums in the account for payment of

14 the costs of carrying out this title, including costs relating

15 to the consolidation of functions of the Department of

16 State and the termination of employees of the Depart17 ment.

18 (B) The Secretary may transfer sums in the account

19 to the head of an agency to be abolished under this divi20 sion for payment by the head of the agency of the cost

21 of carrying out a voluntary separation incentive program

22 at the agency under section 1710.

23 (2)(A) Except as provided in subparagraph (B), the

24 Secretary may not use sums in the account for payment

25 of the costs described in paragraph (1) unless the appro-
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1 priate congressional committees are notified 15 days in

2 advance of such use in accordance with procedures appli3 cable to reprogramming notifications under section 34 of

4 the State Department Basic Authorities Act of 1956 (22

5 U.S.C. 2706).

6 (B) Subparagraph (A) does not apply to the following

7 uses of sums in the account:

8 (i) For payment of the cost of carrying out a

9 voluntary separation incentive program at the De10 partment under section 1710, but only if the total

11 cost of the program with respect to the Department

12 is less than $10,000,000.

13 (ii) For transfer to the head of an agency to be

14 abolished under this division for payment of the cost

15 of carrying out a voluntary separation incentive pro16 gram at the agency under section 1710, but only if

17 the total amount transferred with respect to the

18 agency is less than $30,000,000.

19 (iii) For payment of the cost of any severance

20 payments required to be paid by the Secretary to

21 employees of the Department, but only if the cost of

22 such payments is less than $10,000,000.

23 (iv) For transfer to the head of an agency to

24 be abolished under this division for payment of the

25 cost of any severance payments required to be paid
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1 to employees of the agency, but only if the total

2 amount transferred with respect to the agency is less

3 than $40,000,000.

4 (v) For payment of the cost of any improve5 ments of the information management systems of

6 the Department that are carried out as a result of

7 the abolishment of agencies under this division, but

8 only if the cost of such improvements is less than

9 $15,000,000.

10 (vi) For payment of the cost of the physical re11 location of fixtures, materials, and other resources

12 from an agency to be abolished under this division

13 to the Department or of such relocation within the

14 Department, but only if the cost of such relocation

15 is less than $10,000,000.

16 (3) Funds in the account shall be available for the

17 payment of costs under paragraph (1) without fiscal year

18 limitation.

19 (4) Funds in the account may be used only for pur20 poses of paying the costs of carrying out this title.

21 (f) TREATMENT OF UNOBLIGATED BALANCES.—(1)

22 Subject to paragraph (2), unobligated funds, if any, which

23 remain in the account after the payment of the costs de24 scribed in subsection (e)(1) shall be transferred to the De25 partment of State and shall be available to the Secretary
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1 of State for purposes of carrying out the functions of the

2 Department.

3 (2) The Secretary may not transfer funds in the ac4 count to the Department under paragraph (1) unless the

5 appropriate congressional committees are notified in ad6 vance of such transfer in accordance with the procedures

7 applicable to reprogramming notifications under section

8 34 of the State Department Basic Authorities Act of

9 1956.

10 (g) REPORT ON ACCOUNT.—Not later than October

11 1, 1998, the Secretary of State shall transmit to the ap12 propriate congressional committees a report containing an

13 accounting of—

14 (1) the expenditures from the account estab15 lished under this section; and

16 (2) in the event of any transfer of funds to the

17 Department of State under subsection (f), the func18 tions for which the funds so transferred were ex19 pended.

20 (h) TERMINATION OF AUTHORITY TO USE AC21 COUNT.—The Secretary may not obligate funds in the ac22 count after September 30, 1999.

23 (i) AUTHORIZATION OF APPROPRIATIONS.—There

24 are authorized to be appropriated for the fiscal year 1996

25 $125,000,000 and for the fiscal year 1997 $100,000,000,
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1 for deposit under subsection (c)(1)(A) into the account es2 tablished under subsection (a).

3 SEC. 1710. VOLUNTARY SEPARATION INCENTIVES.

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

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

6 incentive payments to employees of the agency in order

7 to avoid or minimize the need for involuntary separations

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

9 and the consolidation of functions of the Department of

10 State under this title.

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

12 the following agencies:

13 (1) The Department of State.

14 (2) The United States Arms Control and Disar15 mament Agency.

16 (3) The United States Information Agency.

17 (4) The Agency for International Development.

18 (c) PAYMENT REQUIREMENTS.—(1) The head of an

19 agency shall pay voluntary separation incentive payments

20 in accordance with the provisions of section 3 of the Fed21 eral Workforce Restructuring Act of 1994 (Public Law

22 103–226; 108 Stat. 111), except that an employee of the

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

24 voluntary separation incentive payment under that section

25 if the employee separates from service with the agency
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1 during the period beginning on the date of enactment of

2 this Act and ending on September 30, 1996.

3 (2) The provisions of subsection (d) of such section

4 3 shall apply to any employee who is paid a voluntary sep5 aration incentive payment under this section.

6 (d) FUNDING.—The payment of voluntary separation

7 incentive payments under this section shall be made from

8 funds in the Foreign Affairs Reorganization Transition

9 Fund established under section 1709. The Secretary of

10 State may transfer sums in that fund to the head of an

11 agency under subsection (e)(1)(B) of that section for pay12 ment of such payments by the agency head.

13 (e) TERMINATION OF AUTHORITY.—The authority of

14 the head of an agency to authorize payment of voluntary

15 separation incentive payments under this section shall ex16 pire on September 30, 1996.

17 (f) BUDGET ACT COMPLIANCE.—Any new spending

18 authority (within the meaning of section 401 of the Con19 gressional Budget Act of 1974) which is provided under

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

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

22 in appropriations Acts.
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1 SEC. 1711. RIGHTS OF EMPLOYEES OF ABOLISHED AGEN2 CIES.

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

4 this title, the transfer pursuant to this title of full-time

5 personnel (except special Government employees) and

6 part-time personnel holding permanent positions shall not

7 cause any such employee to be separated or reduced in

8 grade or compensation for one year after the date of trans9 fer of such employee under this title.

10 (b) EXECUTIVE SCHEDULE POSITIONS.—Except as

11 otherwise provided in this title, any person who, on the

12 day preceding the date of the abolition of a transferor

13 agency under this title, held a position in such an agency

14 that was compensated in accordance with the Executive

15 Schedule prescribed in chapter 53 of title 5, United States

16 Code, and who, without a break in service, is appointed

17 in a transferee agency to a position having duties com18 parable to the duties performed immediately preceding

19 such appointment, shall continue to be compensated in

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

21 such previous position for the duration of the service of

22 such person in such new position.

23 (c) TERMINATION OF CERTAIN POSITIONS.—Posi24 tions whose incumbents are appointed by the President,

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

26 functions of which are transferred or abolished under this
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1 title, shall terminate on the date of the transferal or aboli2 tion, as the case may be, of the functions under this title.

3 (d) EXCEPTED SERVICE.—(1) Subject to paragraph

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

5 excepted service or the Senior Executive Service, any ap6 pointment authority established pursuant to law or regula7 tions of the Office of Personnel Management for filling

8 such positions shall be transferred.

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

10 of authority under paragraph (1) (and the employees ap11 pointed pursuant thereto) to the extent that such author12 ity relates to positions excepted from the competitive serv13 ice because of their confidential, policy-making, policy-de14 termining, or policy-advocating character, and noncareer

15 positions in the Senior Executive Service (within the

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

17 Code).

18 (e) SENIOR EXECUTIVE SERVICE.—A transferring

19 employee in the Senior Executive Service shall be placed

20 in a comparable position at the Department of State.

21 (f) EMPLOYEE BENEFIT PROGRAMS.—(1) Any em22 ployee accepting employment with the Department of

23 State as a result of a transfer under this title may retain

24 membership for 1 year after the date such transfer occurs

25 in any employee benefit program of the transferor agency,
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1 including insurance, to which such employee belongs on

2 the date of the enactment of this Act if—

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

4 benefit or membership in the program; and

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

6 Secretary of State.

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

8 which would have been provided by such agency or entity

9 and those provided under this subsection shall be paid by

10 the Secretary of State.

11 (3) If an employee elects to give up membership in

12 a health insurance program or the health insurance pro13 gram is not continued by the Secretary of State, the em14 ployee shall be permitted to select an alternate Federal

15 health insurance program within 30 days of such election

16 or notice, without regard to any other regularly scheduled

17 open season.

18 (g) ASSIGNMENTS.—(1) Transferring employees shall

19 receive notice of their position assignments not later than

20 the date on which the reorganization plan setting forth

21 the transferal of such employees is transmitted to the ap22 propriate congressional committees under this title.

23 (2) Foreign Service personnel transferred to the De24 partment of State pursuant to this title shall be eligible
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1 for any assignment open to Foreign Service personnel

2 within the Department.

3 SEC. 1712. TRANSFER AND ALLOCATIONS OF APPROPRIA4 TIONS AND PERSONNEL.

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

6 this title, the personnel employed in connection with, and

7 the assets, liabilities, contracts, property, records, and un8 expended balances of appropriations, authorizations, allo9 cations, and other funds employed, used, held, arising

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

11 with the functions transferred under this title, subject to

12 section 1531 of title 31, United States Code, shall be

13 transferred to the transferee agency concerned.

14 (b) TREATMENT OF PERSONNEL EMPLOYED IN TER15 MINATED FUNCTIONS.—The following shall apply with re16 spect to officers and employees of a transferor agency that

17 are not transferred under this title:

18 (1) Under such regulations as the Office of Per19 sonnel Management may prescribe, the head of any

20 agency in the executive branch may appoint in the

21 competitive service any person who is certified by

22 the head of the transferor agency as having served

23 satisfactorily in the transferor agency and who

24 passes such examination as the Office of Personnel

25 Management may prescribe. Any person so ap-
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1 pointed shall, upon completion of the prescribed pro2 bationary period, acquire a competitive status.

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

4 branch having an established merit system in the ex5 cepted service may appoint in such service any per6 son who is certified by the head of the transferor

7 agency as having served satisfactorily in the trans8 feror agency and who passes such examination as

9 the head of such agency in the executive branch may

10 prescribe.

11 (3) Any appointment under this subsection

12 shall be made within a period of one year after com13 pletion of the appointee’s service in the transferor

14 agency.

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

16 which would disqualify an applicant for appointment

17 in the competitive service or in the excepted service

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

20 (c) AUTHORIZED STRENGTH OF THE FOREIGN SERV21 ICE.—When an agency is abolished under this division, the

22 limitations for fiscal years 1996 and 1997 under section

23 141 of this Act on the members of the Foreign Service

24 authorized to be employed by such agency shall be added
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1 to the limitations under such section which apply to the

2 Department of State.

3 SEC. 1713. PERSONNEL AUTHORITIES FOR TRANSFERRED

4 FUNCTIONS.

5 (a) APPOINTMENTS.—(1) Subject to paragraph (2),

6 the head of a transferee agency may appoint and fix the

7 compensation of such officers and employees, including in8 vestigators, attorneys, and administrative law judges, as

9 may be necessary to carry out the respective functions

10 transferred to the agency under this title. Except as other11 wise provided by law, such officers and employees shall

12 be appointed in accordance with the civil service laws and

13 their compensation fixed in accordance with title 5, United

14 States Code.

15 (2) A person employed under paragraph (1) may not

16 continue in such employment after the end of the period

17 (as determined by the Secretary of State) required for the

18 transferal of functions under this title.

19 (b) EXPERTS AND CONSULTANTS.—The head of a

20 transferee agency may obtain the services of experts and

21 consultants in connection with functions transferred to the

22 agency under this title in accordance with section 3109

23 of title 5, United States Code, and compensate such ex24 perts and consultants for each day (including traveltime)

25 at rates not in excess of the rate of pay for level IV of
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1 the Executive Schedule under section 5315 of such title.

2 The head of the transferee agency may pay experts and

3 consultants who are serving away from their homes or reg4 ular place of business travel expenses and per diem in lieu

5 of subsistence at rates authorized by sections 5702 and

6 5703 of such title for persons in Government service em7 ployed intermittently.

8 SEC. 1714. PROPERTY AND FACILITIES.

9 (a) IN GENERAL.—The Secretary of State shall re10 view the property and facilities of each transferor agency

11 for purposes of determining if the property is required by

12 the Department of State in order to carry out the func13 tions of the Department after the transfer of functions

14 to the Department under this title.

15 (b) DEADLINE FOR TRANSFER.—Not later than

16 March 1, 1997, all property and facilities within the cus17 tody of the transferor agency shall be transferred to the

18 custody of the Secretary of State.

19 SEC. 1715. DELEGATION AND ASSIGNMENT.

20 Except where otherwise expressly prohibited by law

21 or otherwise provided by this Act, the head of a transferee

22 agency may delegate any of the functions transferred to

23 the head of the transferee agency under section 1701 and

24 any function transferred or granted to such head of the

25 transferee agency after the appropriate effective date spec-
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1 ified in section 1701 to such officers and employees of the

2 transferee agency as the head of the transferee agency

3 may designate, and may authorize successive redelegations

4 of such functions as may be necessary or appropriate. No

5 delegation of functions by the head of the transferee agen6 cy under this section or under any other provision of this

7 title shall relieve such head of the transferee agency of

8 responsibility for the administration of such functions.

9 SEC. 1716. RULES.

10 The head of a transferee agency may prescribe, in

11 accordance with the provisions of chapters 5 and 6 of title

12 5, United States Code, such rules and regulations as the

13 head of the transferee agency determines necessary or ap14 propriate to administer and manage the functions of the

15 transferee agency after the transfer of functions to the

16 agency under this title.

17 SEC. 1717. INCIDENTAL TRANSFERS.

18 The Director of the Office of Management and Budg19 et may, at such time or times as the Director shall provide,

20 make such additional incidental dispositions of personnel,

21 assets, liabilities, grants, contracts, property, records, and

22 unexpended balances of appropriations, authorizations, al23 locations, and other funds held, used, arising from, avail24 able to, or to be made available in connection with func25 tions abolished or transferred under this title, as may be
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1 necessary to carry out the provisions of this title. The Di2 rector shall provide for the termination of the affairs of

3 all entities terminated by this title and for such further

4 measures and dispositions as may be necessary to effec5 tuate the purposes of this title.

6 SEC. 1718. EFFECT ON CONTRACTS AND GRANTS.

7 (a) PROHIBITION ON NEW OR EXTENDED CON8 TRACTS OR GRANTS.—Except as provided in subsection

9 (b), the United States Arms Control and Disarmament

10 Agency, the United States Information Agency, and the

11 Agency for International Development may not—

12 (1) enter into a contract or agreement which

13 will continue in force after the date of abolition of

14 such agency under this division;

15 (2) extend the term of an existing contract or

16 agreement of such agency to a date after such date;

17 or

18 (3) make a grant which will continue in force

19 after such date.

20 (b) EXCEPTION.—Subsection (a) does not apply to

21 the following:

22 (1) Contracts and agreements for carrying out

23 essential administrative functions.

24 (2) Contracts and agreements for functions and

25 activities that the Secretary of State determines will
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1 be carried out by the Department of State after the

2 termination of the agency concerned under this title.

3 (3) Grants relating to the functions and activi4 ties referred to in paragraph (2).

5 (c) EVALUATION AND TERMINATION OF EXISTING

6 CONTRACTS.—The Secretary of State and the head of

7 each agency referred to in subsection (a) shall—

8 (1) review the contracts of such agency that will

9 continue in force after the date of the abolition of

10 the agency under this division in order to determine

11 if the cost of abrogating such contracts before that

12 date would exceed the cost of carrying out the con13 tract according to its terms; and

14 (2) in the case of each contract so determined,

15 provide for the termination of the contract in the

16 most cost-effective manner practicable.

17 SEC. 1719. SAVINGS PROVISIONS.

18 (a) CONTINUING EFFECT OF LEGAL DOCUMENTS.—

19 All orders, determinations, rules, regulations, permits,

20 agreements, grants, contracts, certificates, licenses, reg21 istrations, privileges, and other administrative actions—

22 (1) which have been issued, made, granted, or

23 allowed to become effective by the President, any

24 Federal agency or official thereof, or by a court of
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1 competent jurisdiction, in the performance of func2 tions which are transferred under this title, and

3 (2) which are in effect at the time of the appro4 priate effective date specified in section 1701, or

5 were final before such effective date and are to be6 come effective on or after such effective date,

7 shall continue in effect according to their terms until

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

9 accordance with law by the President, the head of the

10 transferee agency concerned or other authorized official,

11 a court of competent jurisdiction, or by operation of law.

12 (b) PROCEEDINGS NOT AFFECTED.—The provisions

13 of this title shall not affect any proceedings, including no14 tices of proposed rulemaking, or any application for any

15 license, permit, certificate, or financial assistance pending

16 before a transferor agency at the time this title takes ef17 fect for the agency, with respect to functions transferred

18 under this title but such proceedings and applications shall

19 be continued. Orders shall be issued in such proceedings,

20 appeals shall be taken therefrom, and payments shall be

21 made pursuant to such orders, as if this title had not been

22 enacted, and orders issued in any such proceedings shall

23 continue in effect until modified, terminated, superseded,

24 or revoked by a duly authorized official, by a court of com25 petent jurisdiction, or by operation of law. Nothing in this
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1 subsection shall be deemed to prohibit the discontinuance

2 or modification of any such proceeding under the same

3 terms and conditions and to the same extent that such

4 proceeding could have been discontinued or modified if

5 this title had not been enacted.

6 (c) SUITS NOT AFFECTED.—The provisions of this

7 title shall not affect suits commenced before the appro8 priate effective date specified in section 1701, and in all

9 such suits, proceedings shall be had, appeals taken, and

10 judgments rendered in the same manner and with the

11 same effect as if this title had not been enacted.

12 (d) NONABATEMENT OF ACTIONS.—No suit, action,

13 or other proceeding commenced by or against a transferor

14 agency, or by or against any individual in the official ca15 pacity of such individual as an officer of the transferor

16 agency, shall abate by reason of the enactment of this title.

17 (e) ADMINISTRATIVE ACTIONS RELATING TO PRO18 MULGATION OF REGULATIONS.—Any administrative ac19 tion relating to the preparation or promulgation of a regu20 lation by a transferor agency relating to a function trans21 ferred under this title may be continued by the transferee

22 agency with the same effect as if this title had not been

23 enacted.
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1 SEC. 1720. SEPARABILITY.

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

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

5 other persons or circumstances shall be affected.

6 SEC. 1721. OTHER TRANSITION AUTHORITIES.

7 The head of a transferee agency may utilize—

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

9 other personnel of the transferor agency with respect

10 to functions transferred to the transferee agency

11 under this title; and

12 (2) funds appropriated to such functions for

13 such period of time as may reasonably be needed to

14 facilitate the orderly implementation of this title.

15 SEC. 1722. ADDITIONAL CONFORMING AMENDMENTS.

16 The President may submit a report to the appro17 priate congressional committees containing such rec18 ommendations for such additional technical and conform19 ing amendments to the laws of the United States as may

20 be appropriate to reflect the changes made by this divi21 sion.

22 SEC. 1723. FINAL REPORT.

23 Not later than October 1, 1998, the President shall

24 provide by written report to the Congress a final account25 ing of the finances and operations of the United States

26 Arms Control and Disarmament Agency, the United
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1 States Information Agency, and the Agency for Inter2 national Development.

3 SEC. 1724. DEFINITIONS.

4 For purposes of this title, unless otherwise provided

5 or indicated by the context—

6 (1) the term ‘‘appropriate congressional com7 mittees’’ means the Committee on Foreign Relations

8 of the Senate and the Committee on International

9 Relations of the House of Representatives;

10 (2) the term ‘‘Federal agency’’ has the meaning

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

12 5, United States Code;

13 (3) the term ‘‘function’’ means any duty, obli14 gation, power, authority, responsibility, right, privi15 lege, activity, or program;

16 (4) the term ‘‘office’’ includes any office, ad17 ministration, agency, institute, unit, organizational

18 entity, or component thereof;

19 (5) the term ‘‘transferee agency’’ means—

20 (A) the Department of State, with respect

21 to functions transferred under section 1701(a);

22 (B) the Broadcasting Board of Governors

23 of the Department of State, with respect to

24 functions transferred under section 1701(b);
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1 (C) the Chief Financial Officer of the De2 partment of State, with respect to functions

3 transferred under section 1701(c); and

4 (D) the Inspector General for Foreign Af5 fairs of the Department of State, with respect

6 to functions transferred under section 1701(d);

7 and

8 (6) the term ‘‘transferor agency’’ refers to each

9 of the following agencies:

10 (A) The United States Arms Control and

11 Disarmament Agency, with respect to the func12 tions transferred under section 1701(a)(1).

13 (B) The United States Information Agency

14 (exclusive of the Broadcasting Board of Gov15 ernors), with respect to the functions trans16 ferred under section 1701(a)(2).

17 (C) The Agency for International Develop18 ment, a component of the International Devel19 opment Cooperation Agency, with respect to the

20 functions transferred under section 1701(a)(3).

21 (D) The International Development Co22 operation Agency (exclusive of components ex23 pressly established by statute or reorganization

24 plan), with respect to the functions transferred

25 under section 1701(a)(3).
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1 (E) The Broadcasting Board of Governors,

2 with respect to the functions transferred under

3 section 1701(b).

4 (F) The Officer of the Chief Financial Of5 ficer, Agency for International Development,

6 with respect to the functions transferred under

7 section 1701(c).

8 (G) The Office of Inspector General, Unit9 ed States Information Agency, with respect to

10 the functions transferred under section

11 1701(d)(1).

12 (H) The Office of Inspector General, Agen13 cy for International Development, with respect

14 to the functions transferred under section

15 1701(d)(2).

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