Calendar No. 159

103D CONGRESS

1ST SESSION S. 1281

[Report No. 103–107]

A BILL

To authorize appropriations for the fiscal years

purposes.national broadcasting activities, and for otheragencies, to provide for the consolidation of interUnited States Information Agency, and related1994 and 1995 for the Department of State, the

JULY 23 (legislative day, JUNE 30), 1993

Read twice and placed on the calendar
II

Calendar No. 159

103D CONGRESS

1ST SESSION S. 1281

[Report No. 103–107]

To authorize appropriations for the fiscal years 1994 and 1995 for the

Department of State, the United States Information Agency, and related

agencies, to provide for the consolidation of international broadcasting

activities, and for other purposes.

IN THE SENATE OF THE UNITED STATES

JULY 23 (legislative day, JUNE 30), 1993

Mr. PELL, 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 fiscal years 1994 and

1995 for the Department of State, the United States

Information Agency, and related agencies, to provide for

the consolidation of international broadcasting activities,

and for other purposes.

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

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

3 ‘‘Foreign Relations Authorization Act, Fiscal Years 1994

4 and 1995’’.

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

6 this Act is as follows:

Sec. 1. Short title and table of contents.

TITLE I—DEPARTMENT OF STATE

PART A—AUTHORIZATION OF APPROPRIATIONS

Sec. 101. Administration of foreign affairs.

Sec. 102. International organizations, programs, and conferences.

Sec. 103. International commissions.

Sec. 104. Migration and refugee assistance.

Sec. 105. Other programs.

PART B—AUTHORITIES AND ACTIVITIES

Sec. 111. Authorized strength of the Foreign Service.

Sec. 112. Transfers and reprogrammings.

Sec. 113. Child care facilities at certain posts abroad.

Sec. 114. Expenses relating to certain international claims and proceedings.

Sec. 115. Prohibition on discriminatory contracts.

Sec. 116. Emergencies in the Diplomatic and Consular Service.

Sec. 117. Consular authorities.

Sec. 118. Visas.

Sec. 119. Role of the Foreign Service Institute.

Sec. 120. Report on consolidation of administrative operations.

Sec. 121. Local guard contracts abroad.

Sec. 122. Annual country reports on terrorism.

Sec. 123. Rewards for information regarding acts of international terrorism

within the United States.

Sec. 124. Property agreements.

Sec. 125. Capital Investment Fund.

Sec. 126. Technical amendment.

PART C—DEPARTMENT OF STATE ORGANIZATION

Sec. 131. Under Secretary and Assistant Secretary positions.

Sec. 132. Redesignation of position as Assistant Secretary for Democracy,

Human Rights, and Labor.

Sec. 133. Redesignation of position as Assistant Secretary for Narcotics, Terrorism, and Crime.

Sec. 134. Administrative expenses for narcotics, terrorism, and crime.

Sec. 135. Coordinator for international communications and information policy.

Sec. 136. Inspector General of the Department of State and the Foreign Service.

Sec. 137. Refugee affairs.
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Sec. 138. Office of foreign missions.

Sec. 139. Women’s human rights protection.

Sec. 140. Repeals.

PART D—PERSONNEL

Sec. 141. Labor-management relations.

Sec. 142. Waiver of limitation for certain claims for personal property damage

or loss.

Sec. 143. Salaries of chiefs of mission.

Sec. 144. Senior Foreign Service performance pay.

Sec. 145. Reassignment and retirement of former Presidential appointees.

Sec. 146. Report on classification of Senior Foreign Service positions.

Sec. 147. Allowances.

Sec. 148. Inapplicability of rollover authority for certain allowances and other

payments.

Sec. 149. Grievances.

Sec. 150. Mid-Level Women and Minority Placement Program.

Sec. 151. Employment assistance referral system for certain Department of

State employees.

Sec. 152. Foreign language competence within the Foreign Service.

Sec. 153. Designation of Foreign Language Resources Coordinator.

Sec. 154. Foreign Language Translator and Interpreter Career Service Program.

PART E—INTERNATIONAL ORGANIZATIONS

SUBPART A—UNITED NATIONS AND RELATED AGENCIES

Sec. 161. Limitation on contributions to the United Nations and affiliated organizations.

Sec. 162. United Nations Security Council membership.

Sec. 163. Reforms in the World Health Organization.

Sec. 164. Reforms in the Food and Agriculture Organization.

Sec. 165. Reform in budget decisionmaking procedures of the United Nations

and its specialized agencies.

Sec. 166. United Nations budgetary and management reform.

Sec. 167. Cost assessment report regarding any United States participation in

action under Article 42 of the United Nations Charter.

Sec. 168. Congressional notification regarding any United States implementation of Article 43 of the United Nations Charter.

Sec. 169. Report on United Nations peacekeeping activities.

Sec. 170. United States personnel and material contributions to peacekeeping

operations.

Sec. 170A. Policy with respect to the establishment of an international criminal

court.

SUBPART B—OTHER INTERNATIONAL ORGANIZATIONS

Sec. 171. International Boundary and Water Commission.

Sec. 172. United States membership in the Asian-Pacific Economic Cooperation

Organization.

Sec. 173. Extension of the International Organizations Immunities Act to the

International Union for Conservation of Nature and Natural

Resources.

Sec. 174. Inter-American organizations.

Sec. 175. Prohibition on contributions to the International Coffee Organization.
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PART F—OTHER STATE DEPARTMENT-RELATED PROVISIONS

Sec. 181. Migration and refugee amendments.

Sec. 182. United States policy concerning overseas assistance to refugees and

displaced persons.

Sec. 183. Interparliamentary exchanges.

Sec. 184. Report on terrorist assets in the United States.

Sec. 185. Coordination of counterterrorism activities.

Sec. 186. Facilitating access to the Department of State building.

Sec. 187. Record of place of birth for Taiwanese-Americans.

Sec. 188. Repeal of reporting requirements.

TITLE II—UNITED STATES INFORMATIONAL, EDUCATIONAL, AND

CULTURAL PROGRAMS

PART A—AUTHORIZATION OF APPROPRIATIONS

Sec. 201. Authorization of appropriations.

PART B—USIA AND RELATED AGENCIES AUTHORITIES AND ACTIVITIES

Sec. 211. Changes in administrative authorities.

Sec. 212. Buying power maintenance account.

Sec. 213. Contract authority.

Sec. 214. Prohibition on discriminatory contracts.

Sec. 215. United States transmitter in Kuwait.

Sec. 216. Separate ledger accounts for grantees of the National Endowment for

Democracy.

Sec. 217. Limitation concerning participation in international expositions.

Sec. 218. Authority to respond to public inquiries.

Sec. 219. USIA office in Lhasa, Tibet.

Sec. 220. Reports on United States Government exchange programs.

Sec. 221. Scholarships for East Timorese students.

Sec. 222. Cambodian scholarship and exchange programs.

Sec. 223. Increasing African participation in USIA exchange programs.

Sec. 224. Environment and Sustainable Development Exchange Program.

Sec. 225. USIA vocational exchange program.

Sec. 226. American studies collections.

Sec. 227. Technical amendment relating to Near and Middle East research and

training.

Sec. 228. Distribution within the United States of United States information

agency documentary film entitled ‘‘Crimes Against Humanity’’.

PART C—MIKE MANSFIELD FELLOWSHIPS

Sec. 231. Short title.

Sec. 232. Establishment of Mike Mansfield Fellowship Program.

Sec. 233. Program requirements.

Sec. 234. Separation of Government personnel during the fellowships.

Sec. 235. Program review and report.

Sec. 236. Definitions.

TITLE III—UNITED STATES INTERNATIONAL BROADCASTING ACT

OF 1993

Sec. 301. Short title.

Sec. 302. Congressional findings and declaration of purposes.
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Sec. 303. Establishment of Broadcasting Board of Governors.

Sec. 304. Functions of the Board.

Sec. 305. Foreign policy guidance.

Sec. 306. International Broadcasting Bureau.

Sec. 307. Radio Free Asia.

Sec. 308. Transition.

Sec. 309. Preservation of American jobs.

TITLE IV—COMMISSION ON PROTECTING AND REDUCING

GOVERNMENT SECRECY

Sec. 401. Short title.

Sec. 402. Purpose.

Sec. 403. Findings.

Sec. 404. Functions of the Commission.

Sec. 405. Composition of the Commission.

Sec. 406. Powers of the Commission.

Sec. 407. Staff of the Commission.

Sec. 408. Final report of Commission; termination.

TITLE V—SPOILS OF WAR ACT OF 1993

Sec. 501. Short title.

Sec. 502. Transfers of spoils of war.

Sec. 503. Prohibition on transfers to countries which support terrorism.

Sec. 504. Report on previous transfers.

Sec. 505. Definitions.

Sec. 506. Construction.

TITLE VI—THE KHMER ROUGE PROSECUTION AND EXCLUSION

ACT

Sec. 601. Short title.

Sec. 602. Policy.

Sec. 603. Establishment of State Department office.

Sec. 604. Reporting requirement.

Sec. 605. Exclusion from the United States.

TITLE VII—MISCELLANEOUS

Sec. 701. Peace Corps.

Sec. 702. Reporting requirements on occupied Tibet.

Sec. 703. Policy on Middle East arms sales.

Sec. 704. Technical amendments to Captive Nations Resolution.

Sec. 705. Providing material support to terrorists.

Sec. 706. Torture convention implementation.

Sec. 707. Applicability of Taiwan Relations Act.

Sec. 708. Reports on relations with Taiwan.

Sec. 709. United States policy concerning Iraqi Kurdistan.

Sec. 710. Additional sanctions against North Korea.

Sec. 711. Waiver of sanctions with respect to the Republic of Serbia and the

Republic of Montenegro to promote democracy abroad.

Sec. 712. Claims based on letters of credit for goods shipped but not paid for

before imposition of national emergency.

Sec. 713. Enforcement of nonproliferation treaties.
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1 TITLE I—DEPARTMENT OF

2 STATE

3 PART A—AUTHORIZATION OF APPROPRIATIONS

4 SEC. 101. ADMINISTRATION OF FOREIGN AFFAIRS.

5 (a) IN GENERAL.—The following amounts are au6 thorized to be appropriated for the Department of State

7 under ‘‘Administration of Foreign Affairs’’ to carry out

8 the authorities, functions, duties, and responsibilities in

9 the conduct of the foreign affairs of the United States and

10 for other purposes authorized by law, including the diplo11 matic security program:

12 (1) DIPLOMATIC AND CONSULAR PROGRAMS.—

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

14 Department of State $1,658,184,000 for the fiscal

15 year 1994 and $1,658,184,000 for the fiscal year

16 1995.

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

18 and Expenses’’, of the Department of State

19 $455,816,000 for the fiscal year 1994 and

20 $455,816,000 for the fiscal year 1995.

21 (3) ACQUISITION AND MAINTENANCE OF BUILD22 INGS ABROAD.—For ‘‘Acquisition and Maintenance

23 of Buildings Abroad’’, $294,850,000 for the fiscal

24 year 1994 and $294,850,000 for the fiscal year

25 1995.
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1 (4) BUYING POWER MAINTENANCE FUND.—For

2 ‘‘Buying Power Maintenance Fund’’, $4,000,000 for

3 the fiscal year 1994 and $4,000,000 for the fiscal

4 year 1995.

5 (5) REPRESENTATION ALLOWANCES.—For

6 ‘‘Representation Allowances’’, $4,881,000 for the

7 fiscal year 1994 and $4,881,000 for the fiscal year

8 1995.

9 (6) EMERGENCIES IN THE DIPLOMATIC AND

10 CONSULAR SERVICE.—For ‘‘Emergencies in the Dip11 lomatic and Consular Service’’, $8,000,000 for the

12 fiscal 1994 and $8,000,000 for the fiscal year 1995.

13 (7) OFFICE OF THE INSPECTOR GENERAL.—

14 For ‘‘Office of the Inspector General’’, $24,055,000

15 for the fiscal year 1994 and $24,055,000 for the fis16 cal year 1995.

17 (8) PAYMENT TO THE AMERICAN INSTITUTE IN

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

19 in Taiwan’’, $15,484,000 for the fiscal year 1994

20 and $15,484,000 for the fiscal year 1995.

21 (9) PROTECTION OF FOREIGN MISSIONS AND

22 OFFICIALS.—For ‘‘Protection of Foreign Missions

23 and Officials’’, $10,814,000 for the fiscal year 1994

24 and $10,814,000 for the fiscal year 1995.
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1 (10) REPATRIATION LOANS.—For ‘‘Repatri2 ation Loans’’, $817,000 for the fiscal year 1994 and

3 $817,000 for the fiscal year 1995, for administrative

4 expenses.

5 (b) LIMITATIONS.—(1) Of the amounts authorized to

6 be appropriated for ‘‘Diplomatic and Consular Programs’’

7 under subsection (a)(1)—

8 (A) $10,000,000 is authorized to be available

9 for each of the fiscal years 1994 and 1995 for

10 grants, contracts, and other activities to conduct re11 search and promote international cooperation on en12 vironmental and other scientific issues; and

13 (B) $500,000 is authorized to be available for

14 each of the fiscal years 1994 and 1995 to carry out

15 the activities of the Office of Cambodian Genocide

16 Investigations established under section 603 of this

17 Act.

18 (2) Of the amounts authorized to be appropriated for

19 ‘‘Salaries and Expenses’’ under subsection (a)(2),

20 $300,000 is authorized to be available for the fiscal year

21 1994 and $300,000 for the fiscal year 1995 for the For22 eign Language Translator and Interpreter Career Service

23 Program established by section 157.

24 (3) Of the amounts authorized to be appropriated for

25 ‘‘Salaries and Expenses’’ under subsection (a)(2),
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1 $950,000 is authorized to be available for each of the fis2 cal years 1994 and 1995 to carry out the activities of the

3 Commission on Protecting and Reducing Government Se4 crecy established under title IV of this Act.

5 SEC. 102. INTERNATIONAL ORGANIZATIONS, PROGRAMS,

6 AND CONFERENCES.

7 (a) ASSESSED CONTRIBUTIONS TO INTERNATIONAL

8 ORGANIZATIONS.—There are authorized to be appro9 priated for ‘‘Contributions to International Organiza10 tions’’, $865,885,000 for the fiscal year 1994 and

11 $1,000,053,000 for the fiscal year 1995 for the Depart12 ment of State to carry out the authorities, functions, du13 ties, and responsibilities in the conduct of the foreign af14 fairs of the United States with respect to international or15 ganizations and to carry out other authorities in law con16 sistent with such purposes.

17 (b) CONTRIBUTIONS FOR INTERNATIONAL PEACE18 KEEPING ACTIVITIES.—There are authorized to be appro19 priated for ‘‘Contributions for International Peacekeeping

20 Activities’’, $422,744,000 for the fiscal year 1994 and

21 $487,472,000 for the fiscal year 1995 for the Department

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

23 responsibilities in the conduct of the foreign affairs of the

24 United States with respect to international peacekeeping
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1 activities and to carry out other authorities in law consist2 ent with such purposes.

3 (c) INTERNATIONAL CONFERENCES AND CONTIN4 GENCIES.—There are authorized to be appropriated for

5 ‘‘International Conferences and Contingencies’’,

6 $6,600,000 for the fiscal year 1994 and $6,600,000 for

7 the fiscal year 1995 for the Department of State to carry

8 out the authorities, functions, duties, and responsibilities

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

10 with respect to international conferences and contin11 gencies and to carry out other authorities in law consistent

12 with such purposes.

13 (d) FOREIGN CURRENCY EXCHANGE RATES.—In ad14 dition to amounts otherwise authorized to be appropriated

15 by subsections (a) and (b) of this section, there are au16 thorized to be appropriated such sums as may be nec17 essary for each of the fiscal years 1994 and 1995 to offset

18 adverse fluctuations in foreign currency exchange rates.

19 Amounts appropriated under this subsection shall be avail20 able for obligation and expenditure only to the extent that

21 the Director of the Office of Management and Budget de22 termines and certifies to Congress that such amounts are

23 necessary due to such fluctuations.
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1 SEC. 103. INTERNATIONAL COMMISSIONS.

2 The following amounts are authorized to be appro3 priated under ‘‘International Commissions’’ for the De4 partment of State to carry out the authorities, functions,

5 duties, and responsibilities in the conduct of the foreign

6 affairs of the United States and for other purposes author7 ized by law:

8 (1) INTERNATIONAL BOUNDARY AND WATER

9 COMMISSION, UNITED STATES AND MEXICO.—For

10 ‘‘International Boundary and Water Commission,

11 United States and Mexico’’—

12 (A) for ‘‘Salaries and Expenses’’

13 $11,330,000 for the fiscal year 1994 and

14 $11,300,000 for the fiscal year 1995; and

15 (B) for ‘‘Construction’’ $14,790,000 for

16 the fiscal year 1994 and $17,790,000 for the

17 fiscal year 1995.

18 (2) INTERNATIONAL BOUNDARY COMMISSION,

19 UNITED STATES AND CANADA.—For ‘‘International

20 Boundary Commission, United States and Canada’’,

21 $760,000 for the fiscal year 1994 and $760,000 for

22 the fiscal year 1995.

23 (3) INTERNATIONAL JOINT COMMISSION.—For

24 ‘‘International Joint Commission’’, $3,643,000 for

25 the fiscal year 1994 and $3,643,000 for the fiscal

26 year 1995.
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1 (4) INTERNATIONAL FISHERIES COMMIS2 SIONS.—For ‘‘International Fisheries Commissions’’,

3 $14,200,000 for the fiscal year 1994 and

4 $14,200,000 for the fiscal year 1995.

5 SEC. 104. MIGRATION AND REFUGEE ASSISTANCE.

6 (a) AUTHORIZATION OF APPROPRIATIONS.—

7 (1)(A) There are authorized to be appropriated

8 for ‘‘Migration and Refugee Assistance’’ for author9 ized activities, $585,688,000 for the fiscal year 1994

10 and $585,688,000 for the fiscal year 1995.

11 (B) Of the amounts authorized to be appro12 priated under subparagraph (A), $1,500,000 is au13 thorized to be available for each of the fiscal years

14 1994 and 1995 for humanitarian assistance, includ15 ing, but not limited to, food, medicine, clothing,

16 medical and vocational training to Burmese, includ17 ing persons still within Burma, displaced as a result

18 of civil conflict.

19 (2) There are authorized to be appropriated

20 $80,000,000 for the fiscal year 1994 and

21 $80,000,000 for the fiscal year 1995 for assistance

22 for refugees resettling in Israel.

23 (b) AVAILABILITY OF FUNDS.—Funds appropriated

24 pursuant to subsection (a) are authorized to be available

25 until expended.
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1 SEC. 105. OTHER PROGRAMS.

2 The following amounts are authorized to be appro3 priated for the Department of State to carry out the au4 thorities, functions, duties, and responsibilities in the con5 duct of the foreign affairs of the United States and for

6 other purposes authorized by law:

7 (1) UNITED STATES BILATERAL SCIENCE AND

8 TECHNOLOGY AGREEMENTS.—For ‘‘United States

9 Bilateral Science and Technology Agreements’’,

10 $4,500,000 for the fiscal year 1994 and $4,500,000

11 for the fiscal year 1995.

12 (2) ASIA FOUNDATION.—For ‘‘Asia Founda13 tion’’, $18,693,000 for the fiscal year 1994 and

14 $18,693,000 for the fiscal year 1995.

15 PART B—AUTHORITIES AND ACTIVITIES

16 SEC. 111. AUTHORIZED STRENGTH OF THE FOREIGN SERV17 ICE.

18 (a) END FISCAL YEAR 1994 LEVELS.—The number

19 of members of the Foreign Service authorized to be em20 ployed as of September 30, 1994—

21 (1) for the Department of State, shall not ex22 ceed 9,100, of whom not more than 820 shall be

23 members of the Senior Foreign Service; and

24 (2) for the United States Information Agency,

25 shall not exceed 1,200, of whom not more than 175

26 shall be members of the Senior Foreign Service.
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1 (b) END FISCAL YEAR 1995 LEVELS.—The number

2 of members of the Foreign Service authorized to be em3 ployed as of September 30, 1995—

4 (1) for the Department of State, shall not ex5 ceed 9,100, of whom not more than 770 shall be

6 members of the Senior Foreign Service; and

7 (2) for the United States Information Agency,

8 not to exceed 1,200, of whom not more than 165

9 shall be members of the Senior Foreign Service.

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

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

12 the meaning of such term under section 103 of the For13 eign Service Act of 1980 (22 U.S.C 3903), except that

14 such term does not include—

15 (1) members of the Service under paragraphs

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

17 (2) members of the Service serving under tem18 porary resident appointments abroad;

19 (3) members of the Service employed on less

20 than a full-time basis;

21 (4) members of the Service subject to involun22 tary separation in cases in which such separation

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

24 the Foreign Service Act of 1980; and
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1 (5) members of the Service serving under non2 career limited appointments.

3 (d) WAIVER AUTHORITY.—(1) Subject to paragraph

4 (2), the Secretary of State and the Director of the United

5 States Information Agency may waive any limitation

6 under subsection (a) or (b) which applies to the Depart7 ment of State or the United States Information Agency,

8 as the case may be, to the extent that such waiver is nec9 essary to carry on the foreign affairs functions of the

10 United States.

11 (2) Not less than 15 days before any agency head

12 implements a waiver under paragraph (1), such agency

13 head shall notify the Chairman of the Committee on For14 eign Relations of the Senate and the Speaker of the House

15 of Representatives. Such notice shall include an expla16 nation of the circumstances and necessity for such waiver.

17 SEC. 112. TRANSFERS AND REPROGRAMMINGS.

18 (a) AMENDMENTS TO THE STATE DEPARTMENT

19 BASIC AUTHORITIES ACT OF 1956.—Section 24 of the

20 State Department Basic Authorities Act of 1956 (22

21 U.S.C. 2696) is amended—

22 (1) in subsection (b)(7), by striking subpara23 graph (E);

24 (2) in subsection (d)(1)—
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1 (A) by striking ‘‘the second’’ and inserting

2 ‘‘either’’; and

3 (B) by striking ‘‘such second’’ and insert4 ing ‘‘such’’;

5 (3) in subsection (d)(2) by amending the first

6 sentence to read as follows: ‘‘Amounts appropriated

7 for the ‘Diplomatic and Consular Programs’ account

8 may not exceed by more than 5 percent the amount

9 specifically authorized to be appropriated for such

10 account for a fiscal year.’’; and

11 (4) by striking subsection (d)(4).

12 (b) DIPLOMATIC CONSTRUCTION PROGRAM.—Section

13 401 of the Omnibus Diplomatic Security and

14 Antiterrorism Act of 1986 (22 U.S.C. 4851) is amended

15 by striking subsections (c) and (h)(3).

16 (c) REPROGRAMMING.—Section 34 of the State De17 partment Basic Authorities Act of 1956 (22 U.S.C. 2706)

18 is amended in subsection (a)(7) by striking ‘‘$500,000’’

19 and inserting ‘‘$1,000,000’’.

20 SEC. 113. CHILD CARE FACILITIES AT CERTAIN POSTS

21 ABROAD.

22 Section 31 of the State Department Basic Authorities

23 Act of 1956 (22 U.S.C. 2703) is amended in subsection

24 (e) by striking ‘‘For the fiscal years 1992 and 1993, the’’

25 and inserting ‘‘The’’.
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1 SEC. 114. EXPENSES RELATING TO CERTAIN INTER2 NATIONAL CLAIMS AND PROCEEDINGS.

3 Section 38 of the State Department Basic Authorities

4 Act of 1956 (22 U.S.C. 2710) is amended by adding at

5 the end the following new subsections:

6 ‘‘(c) PROCUREMENT OF SERVICES.—The Secretary

7 of State may use competitive procedures or procedures

8 other than competitive procedures to procure the services

9 of experts for use in preparing or prosecuting a proceeding

10 before an international tribunal or a claim by or against

11 a foreign government or other foreign entity, whether or

12 not the expert is expected to testify, or to procure other

13 support services for such proceedings or claims. The Sec14 retary need not provide any written justification for the

15 use of procedures other than competitive procedures when

16 procuring such services under this subsection and need not

17 furnish for publication in the Commerce Business Daily

18 or otherwise any notice of solicitation or synopsis with re19 spect to such procurement.

20 ‘‘(d) INTERNATIONAL LITIGATION FUND.—

21 ‘‘(1) ESTABLISHMENT.—In order to provide the

22 Department of State with a dependable, flexible, and

23 adequate source of funding for the expenses of the

24 Department related to preparing or prosecuting a

25 proceeding before an international tribunal, or a

26 claim by or against a foreign government or other
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1 foreign entity, there is established an International

2 Litigation Fund (hereafter in this subsection re3 ferred to as the ‘‘ILF’’). The ILF shall be available

4 to such extent and in such amounts as may be pro5 vided in advance in appropriations Acts. Amounts so

6 provided are authorized to remain available without

7 fiscal year limitation.

8 ‘‘(2) REPROGRAMMING PROCEDURES.—Funds

9 credited to the ILF shall be treated as a

10 reprogramming of funds under section 34 and shall

11 not be available for obligation or expenditure except

12 in compliance with the procedures applicable to such

13 reprogrammings. This paragraph shall not apply to

14 the transfer of funds under paragraph (3).

15 ‘‘(3) TRANSFERS OF FUNDS.—Funds received

16 by the Department of State from another agency of

17 the United States Government or pursuant to the

18 Department of State Appropriations Act of 1937

19 (49 Stat. 1321, 22 U.S.C. 2661) to meet costs of

20 preparing or prosecuting a proceeding before an

21 international tribunal, or a claim by or against a for22 eign government or other foreign entity, shall be

23 credited to the ILF.
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1 ‘‘(4) USE OF FUNDS.—Funds deposited in the

2 ILF shall be available only for the purposes of para3 graph (1).’’.

4 SEC. 115. PROHIBITION ON DISCRIMINATORY CONTRACTS.

5 (a) PROHIBITION.—

6 (1) Except for real estate leases and as pro7 vided in subsection (b), the Department of State

8 may not enter into any contract that expends funds

9 appropriated to the Department of State for an

10 amount in excess of the small purchase threshold (as

11 defined in section 4(11) of the Office of Federal

12 Procurement Policy Act (41 U.S.C. 403(11))—

13 (A) with a foreign person that complies

14 with the Arab League boycott of Israel, or

15 (B) with any foreign or United States per16 son that discriminates in the award of sub17 contracts on the basis of religion.

18 (2) For purposes of this section—

19 (A) a foreign person complies with the boy20 cott of Israel by Arab League countries when

21 that foreign person takes or knowingly agrees

22 to take any action, with respect to the boycott

23 of Israel by Arab League countries, which sec24 tion 8(a) of the Export Administration Act of

25 1979 (50 U.S.C. App. 2407(a)) prohibits a
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1 United States person from taking, except that

2 for purposes of this paragraph, the term ‘‘Unit3 ed States person’’ as used in subparagraphs (B)

4 and (C) of section 8(a)(1) of such Act shall be

5 deemed to mean ‘‘person’’; and

6 (B) the term ‘‘foreign person’’ means any

7 person other than a United States person as de8 fined in section 16(2) of the Export Adminis9 tration Act of 1979 (50 U.S.C. App. 2415).

10 (3) For purposes of paragraph (1), a foreign

11 person shall be deemed not to comply with the boy12 cott of Israel by Arab League countries if that per13 son, or the Secretary of State or his designee on the

14 basis of available information, certifies that the per15 son violates or otherwise does not comply with the

16 boycott of Israel by Arab League countries by taking

17 any actions prohibited by section 8(a) of the Export

18 Administration Act of 1979 (50 U.S.C. App.

19 2407(a)). Certification by the Secretary of State or

20 his designee may occur only 30 days after notice has

21 been given to the Congress that this certification

22 procedure will be utilized at a specific overseas mis23 sion.

24 (b) WAIVER BY SECRETARY OF STATE.—The Sec25 retary of State may waive the requirements of this section
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1 on a country-by-country basis for a period not to exceed

2 one year upon certification to the Congress by the Sec3 retary that such waiver is in the national interest and is

4 necessary to carry on diplomatic functions on the United

5 States. Each such certification shall include a detailed jus6 tification for the waiver with respect to each such country.

7 (c) RESPONSES TO CONTRACT SOLICITATIONS.—(1)

8 Except as provided in paragraph (2) of this subsection,

9 the Secretary of State shall ensure that any response to

10 a solicitation for a bid or a request for a proposal, with

11 respect to a contract covered by subsection (a), includes

12 the following clause, in substantially the following form:

13 ‘‘ARAB LEAGUE BOYCOTT OF ISRAEL

14 ‘‘(a) DEFINITIONS.—As used in this clause—

15 ‘‘(1) the term ‘foreign person’ means any per16 son other than a United States person as defined in

17 paragraph (2); and

18 ‘‘(2) the term ‘United States person’ means any

19 United States resident or national (other than an in20 dividual resident outside the United States and em21 ployed by other than a United States person), any

22 domestic concern (including any permanent domestic

23 establishment of any foreign concern), and any for24 eign subsidiary or affiliate (including any permanent

25 foreign establishment) of any domestic concern
22

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1 which is controlled in fact by such domestic concern,

2 as determined under regulations of the President.

3 ‘‘(b) CERTIFICATION.—By submitting this offer, the

4 Offeror certifies that it is not—

5 ‘‘(1) taking or knowingly agreeing to take any

6 action, with respect to the boycott of Israel by Arab

7 League countries, which section 8(a) of the Export

8 Administration Act of 1979 (50 U.S.C. App.

9 2407(a)) prohibits a United States person from tak10 ing; or

11 ‘‘(2) discriminating in the award of sub12 contracts on the basis of religion.’’.

13 (2) An Offeror would not be required to include the

14 certification required by paragraph (1), if the Offeror is

15 deemed not to comply with the Arab League boycott of

16 Israel by the Secretary of State or a designee on the basis

17 of available information. Certification by the Secretary of

18 State or a designee may occur only 30 days after notice

19 has been given to the Congress that this certification pro20 cedure will be utilized at a specific overseas mission.

21 (3) The Secretary of State shall ensure that all State

22 Department contract solicitations include a detailed expla23 nation of the requirements of section 8(a) of the Export

24 Administration Act of 1979 (50 U.S.C. App. 2407(a)).
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1 (d) REVIEW OF TERMINATION.—(1) The Department

2 of State shall conduct reviews of the certifications submit3 ted pursuant to this section for the purpose of assessing

4 the accuracy of the certifications.

5 (2) Upon complaint of any foreign or United States

6 person of a violation of the certification as required by

7 this section, filed with the Secretary of State, the Depart8 ment of State shall investigate such complaint, and if such

9 complaint is found to be correct and a violation of the cer10 tification has been found, all contracts with such violator

11 shall be terminated for default as soon as practicable, and,

12 for a period of two years thereafter, the State Department

13 shall not enter into any contracts with such a violator.

14 SEC. 116. EMERGENCIES IN THE DIPLOMATIC AND CON15 SULAR SERVICE.

16 Section 4(c) of the State Department Basic Authori17 ties Act of 1956 (22 U.S.C. 2671(c)) is amended by strik18 ing ‘‘an annual confidential’’ and inserting ‘‘a periodic’’.

19 SEC. 117. CONSULAR AUTHORITIES.

20 (a) PERSONS AUTHORIZED TO ISSUE PASSPORTS

21 ABROAD.—The Act entitled ‘‘An Act to regulate the issue

22 and validity of passports, and for other purposes’’, ap23 proved July 3, 1926 (44 Stat. 887, 22 U.S.C. 211a), is

24 amended by striking ‘‘by diplomatic representatives of the

25 United States, and by such consul generals, consuls, or
24

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1 vice consuls when in charge,’’ and inserting ‘‘by diplomatic

2 and consular officers of the United States, and by other

3 employees of the Department of State who are citizens of

4 the United States,’’.

5 (b) NOTARIAL AUTHORITY.—Section 7 of the Act en6 titled ‘‘An Act to provide for the reorganization of the con7 sular service of the United States’’, approved April 5,

8 1906 (34 Stat. 100; 22 U.S.C. 4221), is amended by add9 ing at the end the following new sentence: ‘‘Pursuant to

10 such regulations as the Secretary of State may prescribe,

11 the Secretary may designate any other employee of the

12 Department of State who is a citizen of the United States

13 to perform any notarial function authorized to be per14 formed by a consular officer of the United States under

15 this Act.’’.

16 SEC. 118. VISAS.

17 (a) SURCHARGE FOR PROCESSING CERTAIN VISAS.—

18 (1) Notwithstanding any other provision of law, the Sec19 retary of State is authorized to charge a fee or surcharge

20 for processing machine readable nonimmigrant visas and

21 machine readable combined border crossing identification

22 cards and nonimmigrant visas.

23 (2) Fees collected under the authority of subsection

24 (a) shall be deposited in the general fund of the Treasury

25 and available to the Department of State, subject to
25

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1 amounts provided in advance in appropriations Acts, to

2 recover the costs of providing consular services, which

3 shall include the payment of any fees for access to the

4 criminal history records of the Federal Bureau of Inves5 tigation for processing visa applications and making immi6 gration eligibility determinations. Such fees shall remain

7 available for obligation until expended.

8 (3) For fiscal years 1994 and 1995, fees deposited

9 under the authority of paragraph (2) may not exceed a

10 total of $56,000,000.

11 (b) AUTOMATED VISA LOOKOUT SYSTEM.—Not later

12 than 24 months after the date of the enactment of this

13 Act, the Secretary of State shall implement an upgrade

14 of all overseas visa lookout operations to computerized sys15 tems with automated multiple-name search capabilities.

16 (c) PROCESSING OF VISAS FOR ADMISSION TO THE

17 UNITED STATES.—(1)(A) Beginning 24 months after the

18 date of the enactment of this Act, whenever a United

19 States consular officer issues a visa for admission to the

20 United States, that official shall certify, in writing, that

21 a check of the Automated Visa Lookout System, or any

22 other system or list which maintains information about the

23 excludability of aliens under the Immigration and Nation24 ality Act, has been made and that there is no basis under

25 such system for the exclusion of such alien.
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1 (B) If, at the time an alien applies for an immigrant

2 or nonimmigrant visa, the alien’s name is included in the

3 Department of State’s visa lookout system and the con4 sular officer to whom the application is made fails to fol5 low the procedures in processing the application required

6 by the inclusion of the alien’s name in such system, the

7 consular officer’s failure shall be made a matter of record

8 and shall be considered as a serious negative factor in the

9 officer’s annual performance evaluation.

10 (2) If an alien to whom a visa was issued as a result

11 of a failure described in paragraph (1)(B) is admitted to

12 the United States and there is thereafter probable cause

13 to believe that the alien was a participant in a terrorist

14 act causing serious loss of life or property in the United

15 States, the Secretary of State shall convene an Account16 ability Review Board under the authority of title III of

17 the Omnibus Diplomatic Security and Antiterrorism Act

18 of 1986.

19 SEC. 119. ROLE OF THE FOREIGN SERVICE INSTITUTE.

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

21 U.S.C. 4021) is amended by adding at the end the follow22 ing new subsection:

23 ‘‘(d)(1) The Secretary of State is authorized to pro24 vide for special professional foreign affairs training and
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1 instruction of employees of foreign governments through

2 the Institute.

3 ‘‘(2) Training and instruction under paragraph (1)

4 shall be on a reimbursable basis. Reimbursement to the

5 Institute may be provided by an agency of the United

6 States Government or by a foreign government.

7 ‘‘(3) Training should be made available in the first

8 instance to officials from newly emerging democratic na9 tions, and then to other nations as deemed to be in the

10 national interest of the United States.

11 ‘‘(4) The authorities of section 704 shall apply to

12 training and instruction provided under this section.’’.

13 SEC. 120. REPORT ON CONSOLIDATION OF ADMINISTRA14 TIVE OPERATIONS.

15 Not later than 180 days after the date of the enact16 ment of this Act, the Secretary of State, jointly with the

17 Director of the United States Information Agency and the

18 Administrator of the Agency for International Develop19 ment, shall submit to the Chairman of the Committee on

20 Foreign Relations of the Senate and to the Speaker of the

21 House of Representatives a report concerning the feasibil22 ity of consolidating domestic administrative operations for

23 the Department of State, the United States Information

24 Agency, and the Agency for International Development.
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1 Such report shall include specific recommendations for im2 plementation of such consolidation.

3 SEC. 121. LOCAL GUARD CONTRACTS ABROAD.

4 Section 136(c) of the Foreign Relations Authoriza5 tion Act, Fiscal Years 1990 and 1991 (Public Law 101–

6 246) is amended—

7 (1) in paragraph (2), by striking ‘‘due to their

8 distance from the post’’;

9 (2) by redesignating paragraphs (2) and (3) as

10 paragraphs (7) and (8), respectively; and

11 (3) by inserting after paragraph (1) the follow12 ing:

13 ‘‘(2) absent compelling reasons, award such

14 contracts through the competitive process;

15 ‘‘(3) in evaluating and scoring proposals for

16 such contracts, award not less than 60 percent of

17 the total points on the basis of technical factors and

18 subfactors;

19 ‘‘(4) allow all solicitations to be bid in United

20 States dollars;

21 ‘‘(5) ensure that contracts awarded to United

22 States firms are paid in United States dollars; and

23 ‘‘(6) ensure that United States diplomatic and

24 consular posts assist United States firms in obtain25 ing local licenses and permits.’’.
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1 SEC. 122. ANNUAL COUNTRY REPORTS ON TERRORISM.

2 Section 140 of the Foreign Relations Authorization

3 Act, Fiscal Years 1988 and 1989 (22 U.S.C. 2656f) is

4 amended in subsection (b)(2)—

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

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

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

11 ‘‘(E) efforts by the United States to elimi12 nate international financial support provided to

13 those groups directly or provided in support of

14 their activities.’’.

15 SEC. 123. REWARDS FOR INFORMATION REGARDING ACTS

16 OF INTERNATIONAL TERRORISM WITHIN THE

17 UNITED STATES.

18 Section 36 of the State Department Basic Authorities

19 Act of 1956 (22 U.S.C. 2708) is amended—

20 (1) in subsection (b)(1)(A), by striking ‘‘and is

21 primarily outside the territorial jurisdiction of the

22 United States’’; and

23 (2) in subsection (i)—

24 (A) by striking ‘‘and’’ at the end of para25 graph (1);
30

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1 (B) by striking the period at the end of

2 paragraph (2) and inserting ‘‘; and’’; and

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

4 paragraph:

5 ‘‘(3) the term ‘international terrorism’ means

6 activities that—

7 ‘‘(A) involve violent acts or acts dangerous

8 to human life that are a violation of the crimi9 nal laws of the United States or of any State,

10 or that would be a criminal violation if commit11 ted within the jurisdiction of the United States

12 or any State;

13 ‘‘(B) appear to be intended—

14 ‘‘(i) to intimidate or coerce a civilian

15 population;

16 ‘‘(ii) to influence the policy of a gov17 ernment by intimidation or coercion; or

18 ‘‘(iii) to effect the conduct of a gov19 ernment by assassination or kidnapping;

20 and

21 ‘‘(C) occur totally outside the United

22 States, or transcend national boundaries in

23 terms of the means by which they are accom24 plished, the persons they appear intended to co-
31

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1 erce or intimidate, or the locale in which their

2 perpetrators operate or seek asylum.’’.

3 SEC. 124. PROPERTY AGREEMENTS.

4 Whenever the Department of State enters into lease5 purchase agreements involving property in foreign coun6 tries pursuant to section 1 of the Foreign Service Build7 ings Act (22 U.S.C. 292), the Department shall account

8 for such transactions in accordance with fiscal year obliga9 tions.

10 SEC. 125. CAPITAL INVESTMENT FUND.

11 (a) ESTABLISHMENT.—There is established within

12 the Department of State a Capital Investment Fund to

13 provide for the procurement of information technology and

14 other related capital investments for the Department of

15 State and to ensure the efficient management, coordina16 tion, operation, and utilization of such resources.

17 (b) FUNDING.—Funds otherwise available for the

18 purposes of subsection (a) may be deposited in such Fund.

19 (c) AVAILABILITY.—Amounts deposited into the

20 Fund are authorized to remain available until expended.

21 (d) EXPENDITURES FROM THE FUND.—Amounts de22 posited in the Fund shall be available for expenditure to

23 procure capital equipment and information technology.

24 (e) REPROGRAMMING PROCEDURES.—Funds credited

25 to the Capital Investment Fund shall be treated as a
32

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1 reprogramming of funds under section 34 of the State De2 partment Basic Authorities Act of 1956 (22 U.S.C. 2710)

3 and shall not be available for obligation or expenditure ex4 cept in compliance with the procedures applicable to such

5 reprogrammings.

6 SEC. 126. TECHNICAL AMENDMENT.

7 Section 2 of the State Department Basic Authorities

8 Act of 1956 is amended by striking ‘‘(l) pay’’ and inserting

9 ‘‘(m) pay’’.

10 PART C—DEPARTMENT OF STATE

11 ORGANIZATION

12 SEC. 131. UNDER SECRETARY AND ASSISTANT SECRETARY

13 POSITIONS.

14 (a) NUMBERS OF UNDER SECRETARIES AND ASSIST15 ANT SECRETARIES.—Section 1 of the Act of May 26,

16 1949, as amended (22 U.S.C. 2652), is further amended

17 by striking everything after ‘‘Deputy Secretary of State’’

18 and inserting in lieu thereof ‘‘and not more than 5 Under

19 Secretaries of State and not more than 20 Assistant Sec20 retaries of State.’’.

21 (b) OTHER SENIOR OFFICIALS.—In addition to such

22 other officials of the Department of State who are author23 ized to be compensated at level IV of the Executive Sched24 ule of section 5315 title 5, United States Code, not more

25 than 4 other officers of the Department of State are au-
33

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1 thorized to be compensated at such level, and shall be ap2 pointed by the President, by and with the advice and con3 sent of the Senate.

4 (c) CONFORMING AMENDMENTS.—(1) Section 9(a) of

5 the Department of State Appropriations Authorization

6 Act of 1973 (22 U.S.C. 2655a) is amended—

7 (A) by striking ‘‘In addition to the positions

8 provided under the first section of the Act of May

9 26, 1949, as amended (22 U.S.C. 2652), there’’ and

10 inserting in lieu thereof ‘‘There’’; and

11 (B) by inserting before the period at the end of

12 the subsection ‘‘and for such other related duties as

13 the Secretary may from time to time designate’’.

14 (2) Section 122(a) of the Foreign Relations Author15 ization Act, Fiscal Years 1992 and 1993 (22 U.S.C.

16 2652b) is amended by striking ‘‘, which is in addition to

17 the positions provided under the first section of the Act

18 of May 26, 1949 (22 U.S.C. 2652)’’.

19 (3) Section 5314 of title 5, United States Code, is

20 amended by striking:

21 ‘‘Under Secretary of State for Political Affairs and

22 Under Secretary of State for Economic and Agricultural

23 Affairs and an Under Secretary of State for Coordinating

24 Security Assistance Programs and Under Secretary of

25 State for Management.
34

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1 ‘‘Counselor of the Department of State.’’

2 and inserting in lieu thereof:

3 ‘‘Under Secretaries of State (5).’’.

4 (4) Section 5315 of title 5, United States Code, is

5 amended by striking:

6 ‘‘Assistant Secretary for Oceans and International

7 Environmental and Scientific Affairs, Department of

8 State.’’,

9 ‘‘Assistant Secretary for International Narcotics

10 Matters, Department of State.’’,

11 ‘‘Assistant Secretary for South Asian Affairs, De12 partment of State.’’,

13 ‘‘Legal Adviser of the Department of State.’’, and

14 ‘‘Chief of Protocol, Department of State.’’.

15 (5) Section 5315 of title 5, United States Code, as

16 amended, is further amended by striking:

17 ‘‘Assistant Secretaries of State (15)’’

18 and inserting in lieu thereof:

19 ‘‘Assistant Secretaries of State (20) and 4 other offi20 cers of the Department of State appointed by the Presi21 dent, by and with the advice and consent of the Senate.’’.

22 (d) OFFICE OF COUNSELOR; LEGAL ADVISER.—(1)

23 The Act entitled ‘‘An Act to create the Office of Counselor

24 of the United States’’ (May 18, 1937; Public Law 75–

25 91; 22 U.S.C. 2655) is repealed.
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1 (2) Section 30 of the Act entitled ‘‘An Act for the

2 reorganization and improvement of the Foreign Service of

3 the United States and for other purposes’’ (May 24, 1924;

4 Public Law 68–135; 22 U.S.C. 2654) is repealed.

5 (e) ASSUMPTION OF DUTIES OF NEW OFFICE.—The

6 individual holding the Office of Counselor on the date of

7 enactment of this Act shall assume the duties of an Under

8 Secretary of State for Global Affairs and shall not be re9 quired to be reappointed by reason of the enactment of

10 this section.

11 SEC. 132. REDESIGNATION OF POSITION AS ASSISTANT

12 SECRETARY FOR DEMOCRACY, HUMAN

13 RIGHTS, AND LABOR.

14 (a) REDESIGNATION OF POSITION.—The Foreign As15 sistance Act of 1961 is amended—

16 (1) in section 116(c) (22 U.S.C. 2151n), by

17 striking ‘‘Assistant Secretary for Human Rights and

18 Humanitarian Affairs’’ and inserting ‘‘Assistant

19 Secretary of State for Democracy, Human Rights,

20 and Labor’’;

21 (2) in sections 502B(b) (22 U.S.C. 2304(b)),

22 502B(c)(1) (22 U.S.C. 2304(c)), and 505(g)(4)(A)

23 (22 U.S.C. 2314(g)(4)(A)) by striking ‘‘Human

24 Rights and Humanitarian Affairs’’ each place it ap-
36

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1 pears and inserting ‘‘Democracy, Human Rights,

2 and Labor’’;

3 (3) in subsection 573(c) by striking ‘‘Human

4 Rights and Humanitarian Affairs’’ and inserting

5 ‘‘Democracy, Human Rights, and Labor’’; and

6 (4) in section 624(f) (22 U.S.C. 2384(f))—

7 (A) by striking ‘‘Human Rights and Hu8 manitarian Affairs’’ each place it appears and

9 inserting ‘‘Democracy, Human Rights, and

10 Labor’’;

11 (B) by striking ‘‘refugees, prisoners of

12 war,’’ each place it appears and inserting ‘‘pris13 oners of war’’; and

14 (C) in paragraph (1), by inserting before

15 the period at the end of the first sentence ‘‘,

16 and such other related duties as the Secretary

17 may from time to time designate’’.

18 (b) CONFORMING AMENDMENT.—Section 5(d)(1) of

19 the Arms Export Control Act (22 U.S.C. 2755(d)(1)) is

20 amended by striking ‘‘Assistant Secretary of State for

21 Human Rights and Humanitarian Affairs’’ and inserting

22 in lieu thereof ‘‘Assistant Secretary of State for Democ23 racy, Human Rights, and Labor’’.

24 (c) ASSUMPTION OF DUTIES.—The individual hold25 ing the office of Assistant Secretary of State for Human
37

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1 Rights and Humanitarian Affairs on the date of enact2 ment of this Act shall assume the duties of Assistant Sec3 retary of State for Democracy, Human Rights, and Labor

4 and shall not be required to be reappointed by reason of

5 the enactment of this section.

6 SEC. 133. REDESIGNATION OF POSITION AS ASSISTANT

7 SECRETARY FOR NARCOTICS, TERRORISM,

8 AND CRIME.

9 (a) REDESIGNATION OF OFFICE.—Section 115(a) of

10 the Foreign Relations Authorization Act, Fiscal Year

11 1979 (22 U.S.C. 2652a) is amended—

12 (1) in the section heading, by striking ‘‘INTER13 NATIONAL NARCOTICS MATTERS’’ and inserting in

14 lieu thereof ‘‘NARCOTICS, TERRORISM, AND CRIME’’;

15 and

16 (2) in the text—

17 (A) by striking ‘‘, in addition to the posi18 tions provided under the first section of the Act

19 of May 26, 1949 (22 U.S.C. 2652),’’;

20 (B) by striking ‘‘International Narcotics

21 Matters’’ and inserting ‘‘Narcotics, Terrorism

22 and Crime’’; and

23 (C) by inserting before the period at the

24 end ‘‘and such other related duties as the Sec25 retary may from time to time designate’’.
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1 (b) AMENDMENT TO TITLE 5, UNITED STATES

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

3 amended by striking:

4 ‘‘Assistant Secretary for International Narcotics

5 Matters, Department of State.’’ and inserting:

6 ‘‘Assistant Secretary for Narcotics, Terrorism, and

7 Crime, Department of State.’’.

8 (c) ASSUMPTION OF DUTIES OF NEW OFFICE.—The

9 individual holding the office of Assistant Secretary of

10 State for International Narcotics Matters on the date of

11 enactment of this Act shall assume the duties of Assistant

12 Secretary of State for Narcotics, Terrorism, and Crime

13 and shall not be required to be reappointed by reason of

14 the enactment of this section.

15 SEC. 134. ADMINISTRATIVE EXPENSES FOR NARCOTICS,

16 TERRORISM, AND CRIME.

17 Section 482 of the Foreign Assistance Act of 1961

18 (22 U.S.C. 2291a) is amended by adding the following

19 new subsection:

20 ‘‘(d) ADMINISTRATIVE ASSISTANCE.—(1) Except as

21 provided in paragraph (2), personnel funded pursuant to

22 this section are authorized to provide administrative as23 sistance to personnel assigned to the bureau designated

24 by the Secretary of State to replace the Bureau for Inter25 national Narcotics Matters.
39

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1 ‘‘(2) Paragraph (1) shall not apply if to do so would

2 result in a reduction in funds available for antinarcotics

3 assistance to foreign countries.’’.

4 SEC. 135. COORDINATOR FOR INTERNATIONAL COMMU5 NICATIONS AND INFORMATION POLICY.

6 (a) IN GENERAL.—Section 35 of the State Depart7 ment Basic Authorities Act of 1956 (22 U.S.C. 2707) is

8 amended—

9 (1) by striking subsection (a); and

10 (2) in subsection (b)—

11 (A) by striking the text above paragraph

12 (1) and inserting the following: ‘‘The Secretary

13 of State shall be responsible for formulation, co14 ordination, and oversight of foreign policy relat15 ed to international communications and infor16 mation policy. The Secretary of State shall—’’;

17 (B) by striking paragraph (2);

18 (C) by redesignating paragraph (1) as

19 paragraph (2);

20 (D) by inserting before redesignated para21 graph (2) the following:

22 ‘‘(1) exercise primary authority for the conduct

23 of foreign policy with respect to such telecommuni24 cations functions, including the determination of

25 United States positions and the conduct of United
40

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1 States participation in negotiations with foreign gov2 ernments and international bodies. In exercising this

3 responsibility, the Secretary shall coordinate with

4 other agencies as appropriate, and, in particular,

5 shall give full consideration to the authority vested

6 by law or Executive order in the Federal Commu7 nications Commission, the Department of Commerce

8 and the Office of the United States Trade Rep9 resentative in this area;’’.

10 (E) in redesignated paragraph (2), by

11 striking ‘‘with the bureaus and offices of the

12 Department of State and’’, and inserting before

13 the semicolon ‘‘and with the Federal Commu14 nications Commission, as appropriate’’; and

15 (F) in paragraph (3), by striking ‘‘the Sen16 ior Interagency Group on International Com17 munications and Information Policy’’ and in18 serting ‘‘any senior interagency policymaking

19 group on international telecommunications and

20 information policy and chair such interagency

21 meetings as may be necessary to coordinate ac22 tions on pending issues;’’.

23 (b) RULE OF CONSTRUCTION.—Nothing in the

24 amendments made by this section affects the nature or

25 scope of the authority that is on the date of enactment
41

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1 of this Act vested by law or Executive order in the Depart2 ment of Commerce, the Office of the United States Trade

3 Representative, the Federal Communications Commission,

4 or any officer thereof.

5 SEC. 136. INSPECTOR GENERAL OF THE DEPARTMENT OF

6 STATE AND THE FOREIGN SERVICE.

7 (a) AMENDMENT OF THE FOREIGN SERVICE ACT OF

8 1980.—The first sentence of section 209(a)(1) of the For9 eign Service Act of 1980 (22 U.S.C. 3929) is amended

10 to read as follows:

11 ‘‘(a)(1) There shall be an Inspector General of the

12 Department of State and the Foreign Service, who shall

13 be appointed by the President for a term not to exceed

14 six years, by and with the advice and consent of the Sen15 ate, without regard to political affiliation from among indi16 viduals exceptionally qualified for the position by virtue

17 of their integrity and their demonstrated ability in ac18 counting, auditing, financial analysis, law, management

19 analysis, public administration, or investigations, or their

20 knowledge and experience in the conduct of foreign af21 fairs.’’.

22 (b) STATUS OF INCUMBENT INSPECTOR GENERAL.—

23 Notwithstanding section 209(a)(1) of the Foreign Service

24 Act of 1980, as amended by subsection (a), the individual

25 occupying the position of Inspector General of the Depart-
42

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1 ment of State and the Foreign Service on the date of en2 actment of this Act may continue to occupy such position

3 until December 31, 1993.

4 SEC. 137. REFUGEE AFFAIRS.

5 (a) REPEAL.—Part A of title III of the Refugee Act

6 of 1980 (Public Law 96–212) is hereby repealed.

7 (b) AMENDMENT TO THE REFUGEE ACT OF 1980.—

8 Title III of the Refugee Act of 1980 (Public Law 96–212)

9 is amended in the heading for title III by striking ‘‘UNIT10 ED STATES COORDINATOR FOR REFUGEE AF11 FAIRS AND’’.

12 (c) AMENDMENT TO THE MIGRATION AND REFUGEE

13 ASSISTANCE ACT.—Section 5 of the Migration and Refu14 gee Assistance Act (22 U.S.C. 2605) is amended by add15 ing at the end the following new subsection:

16 ‘‘(c) Personnel funded pursuant to this section are

17 authorized to provide administrative assistance to person18 nel assigned to the bureau charged with carrying out this

19 Act.’’.

20 (d) CONFORMING AMENDMENTS.—(1) Section

21 411(b) of the Immigration and Nationality Act (8 U.S.C.

22 1521(b)) is amended by striking ‘‘and under the general

23 policy guidance of the United States Coordinator for Refu24 gee Affairs (hereinafter in this chapter referred to as the

25 ‘Coordinator’)’’ and inserting ‘‘the Secretary of State’’;
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1 (2) Section 412 of the Immigration and Nationality

2 Act (8 U.S.C. 1522) is amended—

3 (A) in subsection (a)(2)(A), by striking ‘‘, to4 gether with the Coordinator,’’;

5 (B) in subsections (b)(3) and (b)(4), by striking

6 ‘‘in consultation with the Coordinator,’’; and

7 (C) in subsection (e)(7)(C), by striking ‘‘, in

8 consultation with the United States Coordinator for

9 Refugee Affairs,’’.

10 (3) Section 413(a) of the Immigration and National11 ity Act (8 U.S.C. 1523) is amended by striking ‘‘, in con12 sultation with the Coordinator,’’.

13 (e) TRANSFER OF DUTIES.—If there is an individual

14 who has been confirmed by the Senate as Ambassador at

15 Large for Population, Refugees and Migration on the date

16 of enactment of this Act, that person shall assume on such

17 date the duties of Assistant Secretary of State for Popu18 lation, Refugees and Migration which were vested in the

19 Assistant Secretary before such date. Such individual shall

20 not be required to be reappointed by reason of the enact21 ment of this section.

22 SEC. 138. OFFICE OF FOREIGN MISSIONS.

23 Title II of the State Department Basic Authorities

24 Act (22 U.S.C. 4301 et seq.) is amended—

25 (1) in section 202(a)—
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1 (A) by striking paragraph (3); and

2 (B) by redesignating paragraphs (4)

3 through (8) as paragraphs (3) through (7), re4 spectively;

5 (2) in section 203—

6 (A) by amending the section heading to

7 read as follows: ‘‘AUTHORITIES OF THE SEC8 RETARY OF STATE’’;

9 (B) by striking subsections (a) and (b);

10 (C) in subsection (c)—

11 (i) by striking ‘‘(c) The Secretary may

12 authorize the Director to’’ and inserting

13 ‘‘(a) The Secretary is authorized to’’;

14 (ii) by striking ‘‘and’’ at the end of

15 paragraph (3);

16 (iii) by redesignating paragraph (4) as

17 paragraph (5); and

18 (iv) by inserting after paragraph (3)

19 the following:

20 ‘‘(4) designate an office within the Department

21 of State to carry out the purposes of this title. In

22 the event such an office is established, the President

23 may appoint, by and with the advice and consent of

24 the Senate, a Director, who shall have the rank of

25 ambassador.’’; and
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1 (D) by adding at the end the following new

2 subsection:

3 ‘‘(b) In the case of an office designated under sub4 section (a)(4), either the Director or the next most senior

5 official of the office should be an individual who has served

6 in the United States Foreign Service while the other

7 should be an individual who has served in the United

8 States Intelligence Community; and’’;

9 (3) in section 204—

10 (A) in subsections (a), (b), and (c) by

11 striking ‘‘Director’’ each place it appears and

12 inserting ‘‘Secretary’’; and

13 (B) in subsection (d), by striking ‘‘the Di14 rector or any other’’ and inserting ‘‘any’’;

15 (4) in section 204A, by striking ‘‘Director’’

16 each place it appears and inserting ‘‘Secretary’’;

17 (5) in section 205—

18 (A) in subsection (a), by striking ‘‘Direc19 tor’’ and inserting ‘‘Secretary’’; and

20 (B) in subsection (c)(2), by striking ‘‘au21 thorize the Director to’’; and

22 (6) in section 208—

23 (A) in subsection (d), by striking ‘‘Direc24 tor’’ and inserting ‘‘Secretary’’;
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1 (B) in subsections (c), (e), and (f) by strik2 ing ‘‘Office of Foreign Missions’’ each place it

3 appears and inserting ‘‘Department of State’’;

4 and

5 (C) in subsection (h)(2), by striking ‘‘Di6 rector or the’’.

7 SEC. 139. WOMEN’S HUMAN RIGHTS PROTECTION.

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

9 (1) issues of gender-based discrimination and

10 violence against women have long been ignored or

11 overlooked; and

12 (2) abuses against women should have greater

13 visibility in the policymaking formulation.

14 (b) POLICY.—It is the sense of Congress that the De15 partment of State should designate within the appropriate

16 bureau a special assistant to the Assistant Secretary to

17 assure that women’s human rights issues are considered

18 in the overall development of international human rights

19 policy.

20 SEC. 140. REPEALS.

21 (a) ENVOY TO THE AFGHAN RESISTANCE.—Section

22 306 of the Department of State Appropriations Act, 1989

23 (Public Law 100–459) is repealed.
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1 (b) BURDENSHARING.—Section 8125(c) of the De2 partment of Defense Appropriations Act, Fiscal Year

3 1989 (Public Law 100–463) is repealed.

4 PART D—PERSONNEL

5 SEC. 141. LABOR-MANAGEMENT RELATIONS.

6 Section 1017(e) of the Foreign Service Act of 1980

7 (22 U.S.C. 4117) is amended to read as follows:

8 ‘‘(e)(1) Notwithstanding any other provision of this

9 chapter, participation in the management of a labor orga10 nization for purposes of collective bargaining or acting as

11 a representative of a labor organization for such purpose

12 is prohibited under this chapter—

13 ‘‘(A) on the part of any management official or

14 confidential employee;

15 ‘‘(B) on the part of any individual who has

16 served as a management official or confidential em17 ployee during the preceding two years; or

18 ‘‘(C) on the part of any other employee if the

19 participation or activity would result in a conflict of

20 interest or apparent conflict of interest or would oth21 erwise be incompatible with law or with the official

22 functions of such employee.

23 ‘‘(2) For the purposes of paragraph (1)(B) the term

24 ‘management official’ does not include any chief of mis-
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1 sion, principal officer, or deputy thereof, or any adminis2 trative or personnel officer abroad.’’.

3 SEC. 142. WAIVER OF LIMITATION FOR CERTAIN CLAIMS

4 FOR PERSONAL PROPERTY DAMAGE OR

5 LOSS.

6 (a) CLAIMS RESULTING FROM EMERGENCY EVACU7 ATION IN A FOREIGN COUNTRY.—Subsection 3721(b) of

8 title 31 of the United States Code is amended—

9 (1) by inserting ‘‘(1)’’ after ‘‘(b)’’; and

10 (2) by adding after paragraph (1), as so des11 ignated, the following:

12 ‘‘(2) The Secretary of State may waive the settlement

13 and payment limitation referred to in paragraph (1) for

14 claims for damage or loss by United States Government

15 personnel under the jurisdiction of a chief of mission in

16 a foreign country if such claims arise from a departure

17 from the country authorized or ordered under cir18 cumstances described in section 5522(a) of title 5, if the

19 Secretary determines that there exists exceptional cir20 cumstances that warrant such a waiver.’’.

21 (b) RETROACTIVE APPLICATION.—The amendments

22 made by subsection (a) shall apply with respect to claims

23 arising on or after October 31, 1988.
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1 SEC. 143. SALARIES OF CHIEFS OF MISSION.

2 Section 401(a) of the Foreign Service Act of 1980

3 (22 U.S.C. 3961(a)) is amended by striking ‘‘, exclusive

4 of danger pay,’’.

5 SEC. 144. SENIOR FOREIGN SERVICE PERFORMANCE PAY.

6 (a) PROHIBITION ON AWARDS.—Notwithstanding

7 any other provision of law, the Secretary of State may not

8 award or pay performance payments for fiscal years 1994

9 and 1995 under section 405 of the Foreign Service Act

10 of 1980 (22 U.S.C. 3965), until the Director of the Office

11 of Personnel Management issues regulations or otherwise

12 authorizes or recommends the payment of rank awards or

13 performance awards to other Federal employees for such

14 fiscal years under section 4507 or 5384 of title 5, United

15 States Code.

16 (b) AWARDS IN SUBSEQUENT FISCAL YEARS.—The

17 Secretary may not make a performance award or payment

18 in any fiscal year after a fiscal year referred to in sub19 section (a) for the purpose of providing an individual with

20 a performance award or payment to which the individual

21 would otherwise have been entitled in a fiscal year referred

22 to such subsection but for the prohibition described in

23 such subsection.

24 (c) AMENDMENT TO FOREIGN SERVICE ACT OF

25 1980.—Section 405(b)(4) of the Foreign Service Act of
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1 1980 (22 U.S.C. 3965(b)(4)) is amended to read as fol2 lows:

3 ‘‘(4) Any award under this section shall be sub4 ject to the limitation on certain payments under sec5 tion 5307 of title 5, United States Code.’’.

6 SEC. 145. REASSIGNMENT AND RETIREMENT OF FORMER

7 PRESIDENTIAL APPOINTEES.

8 Section 813 of the Foreign Service Act of 1980 (22

9 U.S.C. 4053) is amended to read as follows:

10 ‘‘SEC. 813. REASSIGNMENT AND RETIREMENT OF

11 FORMER PRESIDENTIAL APPOINTEES.—(a) If a partici12 pant completes an assignment under section 302(b) in a

13 position to which the participant was appointed by the

14 President, and is not otherwise eligible for retirement, the

15 participant shall be reassigned in the Service within 90

16 days after the completion of such assignment and any pe17 riod of authorized leave.

18 ‘‘(b) If a participant completes an assignment under

19 section 302(b) in a position to which the participant was

20 appointed by the President, and is eligible for retirement,

21 and is not reassigned within 90 days after the completion

22 of such assignment and any period of authorized leave,

23 the participant shall be retired from the Service and re24 ceive retirement benefits in accordance with section 806

25 or section 855, as appropriate.’’.
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1 SEC. 146. REPORT ON CLASSIFICATION OF SENIOR FOR2 EIGN SERVICE POSITIONS.

3 (a) AUDIT AND REVIEW.—Within 180 days after the

4 date of the enactment of this Act, the Comptroller General

5 of the United States shall conduct a classification audit

6 of all Senior Foreign Service positions in Washington, Dis7 trict of Columbia, assigned to the Department of State,

8 the Agency for International Development, and the United

9 States Information Agency and shall review the methods

10 for classification of such positions.

11 (b) REPORT.—Not later than 180 days after the date

12 of enactment of this Act, the Comptroller General shall

13 submit a report of such audit and review to the Chairman

14 of the Committee on Foreign Relations of the Senate and

15 the Speaker of the House of Representatives.

16 SEC. 147. ALLOWANCES.

17 (a) AWAY-FROM-POST EDUCATION ALLOWANCE.—

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

19 amended by inserting after the first sentence the follow20 ing: ‘‘When travel from school to post is infeasible, travel

21 may be allowed between the school attended and the home

22 of a designated relative or family friend or to join a parent

23 at any location, with the allowable travel expense not to

24 exceed the cost of travel between the school and the post.’’.

25 (b) EDUCATIONAL TRAVEL FOR COLLEGE STUDENTS

26 STUDYING ABROAD.—Section 5924(4)(B) of title 5, Unit-
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1 ed States Code, is amended in the first sentence after ‘‘in

2 the United States’’ by inserting ‘‘(or to and from a school

3 outside the United States if the dependent is attending

4 that school for less than one year under a program ap5 proved by the school in the United States at which the

6 dependent is enrolled)’’.

7 SEC. 148. INAPPLICABILITY OF ROLLOVER AUTHORITY FOR

8 CERTAIN ALLOWANCES AND OTHER PAY9 MENTS.

10 Section 5307(b) of title 5, United States Code (relat11 ing to rollover authority for the making of certain pay12 ments to Federal employees) shall not apply to employees

13 of the Department of State.

14 SEC. 149. GRIEVANCES.

15 (a) GRIEVANCE BOARD PROCEDURES.—Section 1106

16 of the Foreign Service Act of 1980 (22 U.S.C. 4136) is

17 amended in the first sentence of paragraph (8) by striking

18 ‘‘until the Board has ruled upon the grievance.’’ and in19 serting ‘‘until the date which is one year after such deter20 mination or until the Board has ruled upon the grievance,

21 whichever comes first. The Board shall extend the one22 year limitation under the preceding sentence and the De23 partment shall continue to suspend such action, if the

24 Board determines that the agency or the Board is respon25 sible for the delay in the resolution of the grievance. The
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1 Board may also extend the 1-year limit if it determines

2 that the delay is due to the complexity of the case, the

3 unavailability of witnesses or to circumstances beyond the

4 control of the agency, the Board or the grievant.’’.

5 (b) TIME LIMITATION ON REQUESTS FOR JUDICIAL

6 REVIEW.—Section 1110 of the Foreign Service Act of

7 1980 (22 U.S.C. 4140) is amended in the first sentence

8 by inserting before the period ‘‘, if the request for judicial

9 review is filed not later than 180 days after the final ac10 tion of the Secretary or the Board (or in the case of an

11 aggrieved party who is posted abroad at the time of the

12 final action of the Secretary or the Board, if the request

13 for judicial review is filed not later than 180 days after

14 the aggrieved party’s return to the United States)’’.

15 SEC. 150. MID-LEVEL WOMEN AND MINORITY PLACEMENT

16 PROGRAM.

17 (a) PURPOSE.—It is the purpose of this section to

18 promote the acquisition and retention of highly qualified,

19 trained and experienced women and minority personnel

20 within the Foreign Service and to provide the maximum

21 opportunity for the Foreign Service to meet staffing needs

22 and to acquire the services of experienced and talented

23 women and minority personnel and to help alleviate the

24 impact of downsizing, reduction-in-force, and budget re-
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1 strictions occurring in the defense and national security2 related agencies of the United States.

3 (b) ESTABLISHMENT.—For each of the fiscal years

4 1994 and 1995, the Secretary of State shall to the maxi5 mum extent practicable appoint as Foreign Service offi6 cers qualified women and minority applicants who are par7 ticipants in the priority placement program of the Depart8 ment of Defense, the Department of Defense out-place9 ment referral program, or the Automated Applicant Refer10 ral System. The Secretary shall make such appointments

11 through the mid-level entry program of the Department

12 of State under section 306 of the Foreign Service Act of

13 1980.

14 (c) REPORT.—Not later than 180 days after the date

15 of enactment of this Act, the Secretary of State shall pre16 pare and submit a report concerning the implementation

17 of subsection (a) to the Chairman of the Committee on

18 Foreign Relations of the Senate and the Speaker of the

19 House of Representatives. Such report shall include rec20 ommendations on methods to improve implementation of

21 the purpose of this section.
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1 SEC. 151. EMPLOYMENT ASSISTANCE REFERRAL SYSTEM

2 FOR CERTAIN DEPARTMENT OF STATE EM3 PLOYEES.

4 (a) REFERRAL SYSTEM.—(1) The Secretary of State,

5 in consultation with the Director of the Office of Person6 nel Management, shall establish and operate a system that

7 provides job placement assistance to eligible personnel of

8 the Department of State.

9 (2) The system established under this section shall—

10 (A) permit eligible personnel to register for job

11 placement assistance under the system;

12 (B) contain information on vacancies in employ13 ment positions throughout the Department;

14 (C) facilitate the provision of information on

15 the positions referred to in subparagraph (B) to the

16 personnel who register for assistance under subpara17 graph (A); and

18 (D) assist, by referral or other means, the per19 sonnel referred to in subparagraph (C) in seeking

20 employment in such position.

21 (3) The Secretary of State shall, to the maximum ex22 tent practicable, ensure that the system operated under

23 this section is automated.

24 (4) The system shall operate from a single location

25 within the continental United States.
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1 (b) ELIGIBLE PERSONNEL.—Personnel eligible for

2 participation in the job placement assistance system estab3 lished under this section include the following:

4 (1) Personnel of the Department of State who

5 are involuntarily separated from employment in the

6 Department by reason of a reduction in force of

7 such personnel.

8 (2) Personnel of the Department who decline to

9 accept a transfer to another position in the Depart10 ment under such a reduction in force or other pro11 gram for the consolidation of employment positions

12 within the Department.

13 (3) Former personnel of the Department whose

14 employment with the Department was terminated

15 for a reason described in paragraph (1) or (2).

16 (4) Such other personnel of the Department as

17 the Secretary of State determines to be eligible for

18 such participation.

19 (c) IMPLEMENTATION.—The Secretary of State shall

20 commence operation of the system required under this sec21 tion not later than 90 days after the date of the enactment

22 of this Act.

23 (d) REPORT.—Not later than 120 days after the date

24 of enactment of this Act, the Secretary of State shall pre25 pare and submit a report concerning the implementation
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1 of subsection (a) to the Chairman of the Committee on

2 Foreign Relations of the Senate and the Speaker of the

3 House of Representatives. Such report shall include rec4 ommendations on methods to improve implementation of

5 the job placement assistance system established under this

6 section.

7 SEC. 152. FOREIGN LANGUAGE COMPETENCE WITHIN THE

8 FOREIGN SERVICE.

9 (a) MODEL FOREIGN LANGUAGE COMPETENCE

10 POSTS PROGRAM.—Section 161(a) of the Foreign Rela11 tions Authorization Act, Fiscal Years 1990 and 1991 (22

12 U.S.C. 4171 note) is amended by adding at the end the

13 following new sentence: ‘‘Implementation of this program

14 shall not deny other posts, not so designated, of required

15 language-qualified personnel.’’.

16 (b) ADDITIONS TO LANGUAGE PROFICIENCY IN THE

17 EMPLOYEE EVALUATION REPORT.—Section 164(a) of the

18 Foreign Relations Authorization Act, Fiscal Years 1990

19 and 1991 (22 U.S.C. 4001(a) note) is amended—

20 (1) by inserting ‘‘(1)’’ immediately after ‘‘Com21 petence.—’’; and

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

23 ‘‘(2)(A) In any assessment under paragraph (1), if

24 a supervisor believes that an employee’s proficiency in a

25 foreign language has declined below the minimum pro-
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1 ficiency level required for the employee’s current assign2 ment, the supervisor shall recommend that the employee

3 seek remedial language refresher training and, within rea4 sonable limitations, excuse the employee from a portion

5 of his or her regular responsibilities to do so.

6 ‘‘(B) In the event the employee identified under sub7 paragraph (A) is assigned to a language-designated posi8 tion and is receiving a language differential for having

9 achieved a required level of foreign language proficiency,

10 the supervisor may also require that the employee’s cur11 rent proficiency in the foreign language be reevaluated at

12 the earliest opportunity. In this case the employee’s pro13 ficiency shall be evaluated by reference to the standards

14 and practices employed by the Foreign Service Institute.

15 If the Foreign Service Institute determines that the em16 ployee has failed to maintain the required level of pro17 ficiency, the Department of State shall suspend the dif18 ferential until the required proficiency level is regained.

19 ‘‘(C) For purposes of this section, the earliest oppor20 tunity for reevaluation of an employee’s foreign language

21 proficiency by the Foreign Service Institute shall be, for

22 employees not already in the Washington, D.C. area, the

23 next time the employee travels to the Washington, D.C.

24 area on official travel orders, or the next time a Foreign

25 Service Institute examiner visits the employee’s post of as-
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1 signment on regularly scheduled travel. No additional

2 travel funds may be expended for this purpose.’’.

3 SEC. 153. DESIGNATION OF FOREIGN LANGUAGE RE4 SOURCES COORDINATOR.

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

6 (1) the post-Cold War era is placing increasing

7 demands on limited Federal foreign language re8 sources available to support diplomacy, intelligence,

9 military preparedness, international security, and

10 global economic competitiveness goals;

11 (2) the absence of a single interagency mecha12 nism to coordinate Federal foreign language re13 sources represents a significant weakness in the

14 United States Government’s ability to mobilize and

15 direct existing foreign language assets in support of

16 national foreign policy goals; and

17 (3) there is a growing need for coordination of

18 all Federal agencies maintaining and utilizing for19 eign language resources—

20 (A) to increase cost-effectiveness through

21 sharing of resources;

22 (B) to identify foreign language needs and

23 priorities required to support foreign policy ob24 jectives; and
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1 (C) to identify foreign language resources

2 capable of supporting global economic competi3 tiveness goals and to facilitate private sector ac4 cess to those resources.

5 (b) POLICY.—It is the sense of the Congress that—

6 (1) the Secretary of State, by virtue of his over7 all responsibility under section 701(a) of the Foreign

8 Service Act of 1980 (22 U.S.C. 4011(a)) for train9 ing and instruction in the field of foreign relations

10 to meet the needs of all Federal agencies, should

11 take the lead in this effort; and

12 (2) in order to avoid other Federal agencies du13 plicating the facilities and training provided by the

14 Secretary of State, a goal set out in section 701(b)

15 of the Foreign Service Act of 1980 (22 U.S.C.

16 4011(b)), the Secretary of State should call upon

17 other Federal agencies to share in the joint manage18 ment and coordination of Federal foreign language

19 resources.

20 (c) DESIGNATION OF POSITION AND DUTIES.—(1)

21 The Secretary of State shall appoint a Foreign Language

22 Resources Coordinator (in this subsection referred to as

23 the ‘‘Coordinator’’) who shall be responsible—

24 (A) for coordinating the efforts of the appro25 priate agencies of Government—
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1 (i) to strengthen mechanisms for sharing

2 of foreign language resources; and

3 (ii) to identify Federal foreign language re4 source requirements in the areas of diplomacy,

5 intelligence, military preparedness, international

6 security, and other foreign policy objectives; and

7 (B) for making recommendations to the Sec8 retary of State as to which Federal foreign language

9 assets, if any, should be made available to the pri10 vate sector in support of national global economic

11 competitiveness goals.

12 (2) All United States Government agencies maintain13 ing and utilizing Federal foreign language training and

14 related resources shall cooperate fully with the Coordina15 tor.

16 SEC. 154. FOREIGN LANGUAGE TRANSLATOR AND INTER17 PRETER CAREER SERVICE PROGRAM.

18 (a) PURPOSE.—It is the purpose of this section—

19 (1) to enhance the capability of the Department

20 of State to provide cost-effective, timely, and reliable

21 translation and interpretation services for Govern22 ment use;

23 (2) to obtain the services of professionally

24 trained translators and interpreters of foreign lan25 guages for which the Secretary of State determines
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1 there is a shortage of qualified Government person2 nel which cannot otherwise be filled; and

3 (3) to stimulate United States institutions of

4 higher education to dedicate more resources to high5 er levels of proficiency in their foreign language

6 translation and interpretation programs.

7 (b) PROGRAM.—(1)(A) The Secretary shall establish

8 a program whereby the Department of State would obtain

9 the services of additional translators and interpreters

10 trained at institutions of higher education in the United

11 States.

12 (B) Such program shall be referred to as the ‘‘For13 eign Language Translator and Interpreter Career Service

14 Program’’.

15 (2)(A) Under such program, the Secretary shall pay

16 the costs of tuition for eligible United States citizens who

17 pursue professional training in translation or interpreta18 tion in foreign languages for which the Secretary deter19 mines there is a shortage of qualified Government person20 nel. In exchange, individuals who successfully complete

21 training shall agree to perform such services at an entry22 level rate of pay in the Department of State for a period

23 of not less than one year for each year of academic tuition

24 paid.
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1 (B) Such individuals may be detailed or referred for

2 direct employment to other Government agencies in ac3 cordance with practices and procedures established by the

4 Secretary.

5 (c) ELIGIBILITY.—A United States citizen shall be el6 igible for participation in the program under this section

7 if—

8 (1) the individual—

9 (A) is enrolled as a full-time student at an

10 institution of higher education in the United

11 States; and

12 (B) is pursuing a full-time program in a

13 foreign language translation or interpretation;

14 (2) the institution and the program meet the

15 accreditation, curriculum, certification, and other

16 standards prescribed by the Secretary; and

17 (3) the individual submits a written application

18 to the Secretary and meets the minimum criteria

19 prescribed by the Secretary.

20 (d) NONCOMPLIANCE.—Any individual participating

21 in the program who fails to complete a program meeting

22 the standards prescribed in subsection (c)(2) shall reim23 burse the Department of State for the Federal funds ex24 pended for such individual’s tuition, together with interest

25 on such funds (calculated at the prevailing rate).
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1 (e) SURCHARGE FOR CERTAIN FOREIGN LANGUAGE

2 SERVICES.—(1) Notwithstanding any other provision of

3 law, the Secretary of State is authorized to levy a sur4 charge, or otherwise solicit funds, for providing other exec5 utive branch agencies with foreign language translation

6 and interpretation services for which the Secretary of

7 State has determined for purposes of subsection (b)(2)

8 there is a shortage of qualified Government personnel.

9 (2) Funds collected under the authority of subsection

10 (e) shall be deposited as an offsetting collection to any

11 Department of State appropriation to recover the cost of

12 providing translation or interpretation services in any for13 eign language for which the Secretary has determined

14 there is a shortage of qualified Government personnel, in15 cluding the cost of training translators or interpreters pur16 suant to subsection (b).

17 (f) AVAILABILITY OF FUNDS.—Amounts authorized

18 to be appropriated under this section are authorized to

19 remain available until expended.

20 (g) DEFINITIONS.—For the purposes of this sec21 tion—

22 (1) the term ‘‘institution of higher education’’

23 has the same meaning given to such term by section

24 1201(a) of the Higher Education Act of 1965;
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1 (2) the term ‘‘Secretary’’ means the Secretary

2 of State, acting through the Office of Language

3 Services or any successor office; and

4 (3) the term ‘‘shortage of qualified Government

5 personnel’’ means a shortage or absence of suffi6 ciently trained and qualified personnel to meet mini7 mum requirements for permanent Government em8 ployment as translators or interpreters by reference

9 to the standards employed by the Office of Lan10 guage Services (or successor office), which cannot

11 otherwise be filled from contract rosters or other

12 sources.

13 PART E—INTERNATIONAL ORGANIZATIONS

14 Subpart A—United Nations and Related Agencies

15 SEC. 161. LIMITATION ON CONTRIBUTIONS TO THE UNITED

16 NATIONS AND AFFILIATED ORGANIZATIONS.

17 The United States shall not make any voluntary or

18 assessed contribution—

19 (1) to any affiliated organization of the United

20 Nations which grants full membership as a state to

21 any organization or group that does not have the

22 internationally recognized attributes of statehood, or

23 (2) to the United Nations, if the United Na24 tions grants full membership as a state in the Unit25 ed Nations to any organization or group that does
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1 not have the internationally recognized attributes of

2 statehood, during any period in which such member3 ship is effective.

4 SEC. 162. UNITED NATIONS SECURITY COUNCIL MEMBER5 SHIP.

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

7 findings:

8 (1) The effectiveness of the United Nations Se9 curity Council in maintaining international peace

10 and security depends on its being representative of

11 the membership of the United Nations.

12 (2) The requirement of equitable geographic

13 distribution in Article 23 of the United Nations

14 Charter requires that the members of the Security

15 Council of the United Nations be chosen by non16 discriminatory means.

17 (3) The use of informal regional groups of the

18 General Assembly as the sole means for election of

19 the nonpermanent members of the Security Council

20 is inherently discriminatory in the absence of guar21 antees that all member states will have the oppor22 tunity to join a regional group, and has resulted in

23 discrimination against Israel.

24 (b) SENSE OF CONGRESS.—It is the sense of Con25 gress that the President should direct the Secretary of
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1 State to request the Secretary-General of the United Na2 tions to seek immediate resolution of the problem de3 scribed in this section. The President shall inform the

4 Congress of any progress in resolving this situation, to5 gether with the submission to Congress of the request for

6 funding for the ‘‘Contributions to International Organiza7 tions’’ account of the Department of State for the fiscal

8 year 1995.

9 SEC. 163. REFORMS IN THE WORLD HEALTH ORGANIZA10 TION.

11 (a) SENSE OF THE CONGRESS.—It is the sense of the

12 Congress that United States contributions to the World

13 Health Organization (WHO) should be utilized in the

14 most effective and efficient manner possible, particularly

15 for the reduction of diseases and disabilities in developing

16 countries. The President shall direct the United States

17 representatives to the World Health Assembly, the Execu18 tive Board, and the World Health Organization to monitor

19 the activities of the World Health Organization to ensure

20 that such organizations achieve—

21 (1) the timely implementation of reforms and

22 management improvements, including those outlined

23 in the resolutions of the 46th World Health Assem24 bly related to the external Auditor (WHA 46.21),

25 the Report of the Executive Board on the WHO Re-
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1 sponse to Global Change (WHA 46.16) and actions

2 for Budgetary Reform (WHA 46.35); and

3 (2) the effective and efficient utilization and

4 monitoring of resources, including—

5 (A) the determination of strategic and fi6 nancial priorities; and

7 (B) the establishment of realistic and

8 measurable targets in accordance with the es9 tablished health priorities.

10 (b) REPORT.—Not later than 180 days after the date

11 of enactment of this Act, the Secretary of State shall sub12 mit to the Chairman of the Foreign Relations Committee

13 of the Senate and the Speaker of the House of Represent14 atives a report assessing the World Health Organization’s

15 progress in implementing the reforms identified in sub16 section (a)(1) and (2).

17 SEC. 164. REFORMS IN THE FOOD AND AGRICULTURE OR18 GANIZATION.

19 In view of the longstanding efforts of the United

20 States and the other major donor nations to reform the

21 Food and Agriculture Organization and in view of the

22 findings of the ongoing investigation of the General Ac23 counting Office, it is the sense of the Congress that—

24 (1) the United States should use the oppor25 tunity of the 1993 election of a new Director Gen-
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1 eral of the Food and Agriculture Organization

2 (FAO) to press for long-needed organizational and

3 management reforms; and

4 (2) it should be the policy of the United States

5 to promote the following reforms in the Food and

6 Agriculture Organization:

7 (A) Decentralization of the administrative

8 structure of FAO, including eliminating redun9 dant or unnecessary headquarters staff, in10 creased responsibilities of regional offices, in11 creased time for consideration of budget issues

12 by member states, and a more meaningful and

13 direct role for member states in the decision14 making process.

15 (B) Reform of the FAO Council, including

16 formation of an executive management commit17 tee to provide oversight of management.

18 (C) Limitation of the term of the Director

19 General and the number of terms which an in20 dividual may serve.

21 (D) Restructuring of the Technical Co22 operation Program (TCP), including reducing

23 the number of nonemergency projects funds

24 through the TCP and establishing procedures
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1 to deploy TCP consultants, supplies, and equip2 ment in a timely manner.

3 SEC. 165. REFORM IN BUDGET DECISIONMAKING PROCE4 DURES OF THE UNITED NATIONS AND ITS

5 SPECIALIZED AGENCIES.

6 (a) ASSESSED CONTRIBUTIONS.—For assessed con7 tributions authorized to be appropriated by section 102(a)

8 of this Act, the President may withhold 20 percent of the

9 funds appropriated for the United States assessed con10 tribution to the United Nations or to any of its specialized

11 agencies for any calendar year if the United Nations or

12 any such agency has failed to implement or to continue

13 to implement consensus-based decisionmaking procedures

14 on budgetary matters which assure that sufficient atten15 tion is paid to the views of the United States and other

16 member states that are the major financial contributors

17 to such assessed budgets.

18 (b) NOTICE TO CONGRESS.—The President shall no19 tify the Congress when a decision is made to withhold any

20 share of the United States assessed contribution to the

21 United Nations or its specialized agencies pursuant to

22 subsection (a) and shall notify the Congress when the deci23 sion is made to pay any previously withheld assessed con24 tribution. A notification under this subsection shall include

25 appropriate consultation between the President (or his
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1 representative) and the Committee on Foreign Affairs of

2 the House of Representatives and the Committee on For3 eign Relations of the Senate.

4 (c) CONTRIBUTIONS FOR PRIOR YEARS.—Subject to

5 the availability of appropriations, payment of assessed

6 contributions for prior years may be made to the United

7 Nations or any of its specialized agencies notwithstanding

8 subsection (a) of this section, section 162(a) of the For9 eign Relations Authorization Act, Fiscal Years 1992 and

10 1993 (Public Law 102–138), section 405 of the Foreign

11 Relations Authorization Act, Fiscal Years 1990 and 1991

12 (Public Law 101–246) and section 143 of the Foreign Re13 lations Authorization Act, Fiscal Years 1986 and 1987

14 (Public Law 99–93) if such payment would further United

15 States interests in that organization.

16 (d) REPORT TO CONGRESS.—Not later than Feb17 ruary 1 of each year, the President shall submit a report

18 to the Congress concerning the payment of assessed con19 tributions to the United Nations and any of its specialized

20 agencies during the preceding calendar year.

21 (e) REPEAL OF EXISTING LAW.—Subsections (a)

22 through (d) of section 162 of the Foreign Relations Au23 thorization Act, Fiscal Years 1992 and 1993, are repealed.
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1 SEC. 166. UNITED NATIONS BUDGETARY AND MANAGE2 MENT REFORM.

3 (a) POLICY.—The President, acting through the

4 United States Permanent Representative to the United

5 Nations, shall propose that the Secretary-General of the

6 United Nations establish an advisory committee to assist

7 in the creation within the United Nations of a mechanism,

8 process, or office—

9 (1) to conduct and supervise audits and inves10 tigations of United Nations operations;

11 (2) to provide leadership and coordination, and

12 to recommend policies, for activities designed—

13 (A) to promote economy, efficiency, and ef14 fectiveness in the administration of, and

15 (B) to prevent and detect fraud and abuse

16 in,

17 such operations; and

18 (3) to provide a means for keeping the Sec19 retary-General fully and currently informed about

20 problems and deficiencies relating to the administra21 tion of such operations and the necessity for and

22 progress of corrective action.

23 (b) ADVISORY COMMITTEE.—An advisory committee

24 established consistent with subsection (a) should be com25 prised of the permanent representative of each country

26 which is a permanent member of the United Nations Secu-
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1 rity Council and one official designated by the Secretary2 General from the United Nations Secretariat, who shall

3 serve as chair.

4 (c) FUNCTIONS.—Such advisory committee should

5 evaluate and make recommendations regarding the efforts

6 of the United Nations and its specialized agencies—

7 (1) to establish a system of cost-based account8 ing;

9 (2) to continue the practice of conducting inter10 nal audits;

11 (3) to remedy any irregularities found by such

12 audits; and

13 (4) to make arrangements for regular, inde14 pendent audits of United Nations operations.

15 (d) REPORT.—Not later than October 1, 1994, the

16 President shall submit a report to the Congress stating—

17 (1) whether the Secretary-General has estab18 lished the advisory committee described in sub19 section (b);

20 (2) whether the advisory committee is carrying

21 out its functions under subsection (c); and

22 (3) whether a mechanism, process, or office de23 scribed in subsection (a) has been established and is

24 carrying out paragraphs (1) through (3) of that sub25 section.
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1 (e) DEFINITION.—For purposes of this section, the

2 term ‘‘United Nations operations’’ includes any program,

3 project, or activity conducted or supported, in whole or

4 in part, by the United Nations or any of its specialized

5 agencies.

6 SEC. 167. COST ASSESSMENT REPORT REGARDING ANY

7 UNITED STATES PARTICIPATION IN ACTION

8 UNDER ARTICLE 42 OF THE UNITED NATIONS

9 CHARTER.

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

11 (b), at least 15 days before—

12 (1) any obligation of funds for United States

13 participation in international peace operations, or

14 (2) any vote by the Security Council to take ac15 tion under Article 42 of the Charter of the United

16 Nations which would involve the use of United

17 States Armed Forces,

18 the President shall submit to the Committee on Foreign

19 Relations and the Committee on Appropriations of the

20 Senate and the Committee on Foreign Affairs and the

21 Committee on Appropriations of the House of Representa22 tives a report containing a cost assessment of the partici23 pation of the United States Armed Forces in those oper24 ations.
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1 (b) EXCEPTION.—The period for submission of the

2 report specified in subsection (a) shall not apply if the

3 President determines that an emergency exists which pre4 vents submission of the report in a timely manner.

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

6 term ‘‘United States participation in international peace

7 operations’’ means the use of the United States Armed

8 Forces—

9 (1) pursuant to, or consistent with, action taken

10 by the Security Council under Article 42 of the

11 Charter of the United Nations; or

12 (2) consistent with the United Nations Partici13 pation Act of 1945.

14 SEC. 168. CONGRESSIONAL NOTIFICATION REGARDING ANY

15 UNITED STATES IMPLEMENTATION OF ARTI16 CLE 43 OF THE UNITED NATIONS CHARTER.

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

18 (b), at least 15 days before any agency or entity of the

19 United States Government makes available armed forces,

20 assistance, or facilities to the United Nations under Arti21 cle 43 of the United Nations Charter, the President shall

22 so notify the Committee on Foreign Relations and the

23 Committee on Appropriations of the Senate and the Com24 mittee on Foreign Affairs and the Committee on Appro25 priations of the House of Representatives.
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1 (b) EXCEPTION.—The period for notifying Congress

2 in subsection (a) shall not apply if the President deter3 mines that an emergency exists which prevents making a

4 notification in a timely manner.

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

6 term ‘‘assistance’’ means assistance of any kind, including

7 the provision of logistical support and the grant of rights

8 of passage.

9 SEC. 169. REPORT ON UNITED NATIONS PEACEKEEPING AC10 TIVITIES.

11 Not later than 90 days after the date of enactment

12 of this Act, and each year thereafter at the time of the

13 President’s budget submission to Congress, the Secretary

14 of State, after consultation with the heads of other rel15 evant Federal agencies (including the Department of De16 fense), shall submit to the Committee on Foreign Affairs

17 of the House of Representatives and the Committee on

18 Foreign Relations of the Senate a report on United States

19 contributions to United Nations peacekeeping activities.

20 Such report shall include—

21 (1) the overall cost of all peacekeeping oper22 ations as of the date of the report;

23 (2) the costs of each peacekeeping operation;
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1 (3) the amount of United States contributions

2 (assessed and voluntary) on an operation-by-oper3 ation basis; and

4 (4) an assessment of the effectiveness of ongo5 ing peacekeeping operations, their relevance to Unit6 ed States national interests, the efforts by the Unit7 ed Nations to resolve the relevant armed conflicts,

8 and the projected termination dates for such oper9 ations.

10 SEC. 170. UNITED STATES PERSONNEL AND MATERIAL

11 CONTRIBUTIONS TO PEACEKEEPING OPER12 ATIONS.

13 (a) PERSONNEL.—(1) The United Nations should re14 imburse the United States for use of personnel of the

15 Armed Forces of the United States in United Nations

16 peacekeeping operations. The amount of the reimburse17 ment should be the full United Nations reimbursement de18 termined on a per-person-per-month basis.

19 (2) To the extent that funds are made available under

20 law to the Department of Defense for peacekeeping activi21 ties, the Secretary of State may accept the United Nations

22 reimbursement in the form of a credit against the amount

23 of an assessment by the United Nations against the Unit24 ed States. If no such funds are available, the Secretary

25 of State shall accept payment of the United Nations reim-
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1 bursement and, out of the amount received, reimburse the

2 Department of Defense for the incremental costs of use

3 of the Armed Forces personnel in the United Nations

4 peacekeeping operation.

5 (b) GOODS AND SERVICES.—The United Nations

6 should reimburse the Department of Defense directly for

7 goods and services provided to a United Nations peace8 keeping operation. The Secretary of Defense may waive

9 reimbursement for such goods and services if the Sec10 retary determines that the waiver is justified by excep11 tional circumstances.

12 (c) VALUE OF GOODS AND SERVICES.—The Perma13 nent Representative of the United States to the United

14 Nations should use the voice and vote of the United States

15 to ensure that goods and services provided by the United

16 States to United Nations peacekeeping operations are re17 imbursed at the appropriate value.

18 (d) REPORT.—Not later than one year after the date

19 of enactment of this Act, the Permanent Representative

20 of the United States to the United Nations shall submit

21 a report to the Chairman of the Foreign Relations Com22 mittee of the Senate and to the Speaker of the House of

23 Representatives on all actions taken by the United States

24 mission to the United Nations to ensure that contributions

25 of personnel, goods, and services to United Nations peace-
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1 keeping operations are reimbursed at their appropriate

2 values.

3 (e) REVIEW AND REASSESSMENT OF ASSESSED CON4 TRIBUTIONS TO UNITED NATIONS PEACEKEEPING OPER5 ATIONS.—(1) The Permanent Representative of the Unit6 ed States to the United Nations should make every effort

7 to ensure the United Nations completes an overall review

8 and reassessment of each nation’s assessed contribution

9 for international peacekeeping operations.

10 (2) As part of the overall review and assessment, the

11 Permanent Representative should make every effort to ad12 vance the concept that host governments and other gov13 ernments in the region where a peacekeeping operation is

14 deployed should bear a greater burden of its financial cost.

15 (3) The Permanent Representative should further

16 make every effort to seek a United States contribution to

17 United Nations peacekeeping operations that matches the

18 United States share of assessed contributions.

19 SEC. 170A. POLICY WITH RESPECT TO THE ESTABLISH20 MENT OF AN INTERNATIONAL CRIMINAL

21 COURT.

22 (a) CONGRESSIONAL FINDINGS.—Congress finds

23 that—
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1 (1) the freedom and security of the inter2 national community rests on the sanctity of the rule

3 of law;

4 (2) the international community is increasingly

5 threatened by unlawful acts such as war crimes,

6 genocide, aggression, crimes against humanity, ter7 rorism, drug trafficking, money laundering, and

8 other crimes of an international character;

9 (3) the prosecution of individuals suspected of

10 carrying out such acts is often impeded by political

11 and legal obstacles such as amnesties, disputes over

12 extradition, differences in the structure and capabili13 ties of national courts, and the lack of uniform

14 guidelines under which to try such individuals;

15 (4) the war crimes trials held in the aftermath

16 of World War II at Nuremberg, Germany, and

17 Tokyo, Japan, demonstrated that fair and effective

18 prosecution of war criminals could be carried out in

19 an international forum;

20 (5) since its inception in 1945 the United Na21 tions has sought to build on the precedent estab22 lished at the Nuremberg and Tokyo trials by estab23 lishing a permanent international criminal court

24 with jurisdiction over crimes of an international

25 character;
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1 (6) United Nations General Assembly Resolu2 tion 44/39, adopted on December 4, 1989, called on

3 the International Law Commission to study the fea4 sibility of an international criminal court;

5 (7) in the years after passage of that resolution

6 the International Law Commission has taken a num7 ber of steps to advance the debate over such a court,

8 including—

9 (A) the provisional adoption of a draft

10 Code of Crimes Against the Peace and Security

11 of Mankind;

12 (B) the creation of a Working Group on an

13 International Criminal Jurisdiction and the for14 mulation by that Working Group of several con15 crete proposals for the establishment and oper16 ation of an international criminal court; and

17 (C) the determination that an international

18 criminal court along the lines of that suggested

19 by the Working Group is feasible and that the

20 logical next step would be to proceed with the

21 formal drafting of a statute for such a court;

22 (8) United Nations General Assembly Resolu23 tion 47/33, adopted on November 25, 1992, called

24 on the International Law Commission to begin the
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1 process of drafting a statute for an international

2 criminal court at its next session; and

3 (9) given the developments of recent years, the

4 time is propitious for the United States to lend its

5 support to this effort.

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

7 the Congress that—

8 (1) the establishment of an international crimi9 nal court with jurisdiction over crimes of an inter10 national character would greatly strengthen the

11 international rule of law;

12 (2) such a court would thereby serve the inter13 ests of the United States and the world community;

14 and

15 (3) the United States delegation should make

16 every effort to advance this proposal at the United

17 Nations.

18 (c) REQUIRED REPORT.—Not later than February 1,

19 1994, the President shall submit to Congress a detailed

20 report on developments relating to, and United States ef21 forts in support of, the establishment of an international

22 criminal court with jurisdiction over crimes of an inter23 national character.
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1 Subpart B—Other International Organizations

2 SEC. 171. INTERNATIONAL BOUNDARY AND WATER COM3 MISSION.

4 (a) AUTHORIZATION TO RECEIVE PAYMENTS.—Sec5 tion 2 of the American-Mexican Chamizal Convention Act

6 of 1964 (22 U.S.C. 277d–18) is amended—

7 (1) by inserting ‘‘(a)’’ before ‘‘The’’; and

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

10 ‘‘(b) The United States Commissioner is authorized

11 to receive funds from public or private sources in the Unit12 ed States or Mexico for the purpose of sharing in the cost

13 of replacement of the Bridge of the Americas, which

14 crosses the Rio Grande between El Paso, Texas, and Ciu15 dad Juarez, Chihuahua. Notwithstanding any other provi16 sion of law, such payments of money shall be credited to

17 any appropriation to the Commission which is currently

18 available. Funds received under this subsection shall be

19 available only for the replacement of such bridge.

20 ‘‘(c) The authority of subsection (b) may be exercised

21 only to the extent or in such amounts as are provided in

22 advance in appropriation Acts.’’.

23 (b) EXPENDITURES FOR WATER POLLUTION PROB24 LEMS.—Title I of the Act of June 20, 1956 (70 Stat. 302;

25 22 U.S.C. 277d–12), is amended in the fourth undesig26 nated paragraph under the heading ‘‘INTERNATIONAL
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1 BOUNDARY AND WATER COMMISSION, UNITED STATES

2 AND MEXICO’’ by striking ‘‘Tijuana Rivers,’’ and all that

3 follows before the period and inserting ‘‘Tijuana Rivers,

4 or other streams running across or near the boundary, and

5 for taking emergency actions to protect against health6 threatening surface and ground water pollution problems

7 along the United States-Mexico boundary’’.

8 (c) FALCON AND AMISTAD DAMS MAINTENANCE

9 FUND.—Section 2 of the Act of June 18, 1954 (68 Stat.

10 255), as amended by the Act of December 23, 1963 (77

11 Stat. 475), is further amended to read as follows:

12 ‘‘SEC. 2. (a) There is created within the Treasury of

13 the United States a separate fund, which shall be known

14 as the ‘Falcon and Amistad Operating and Maintenance

15 Fund’ (in this section referred to as the ‘Maintenance

16 Fund’). The Maintenance Fund shall be administered by

17 the Administrator of the Western Area Power Administra18 tion for use by the Commissioner of the United States Sec19 tion of the International Boundary and Water Commission

20 to defray the operation, maintenance, and emergency costs

21 of the hydroelectric facilities at the Falcon and Amistad

22 dams.

23 ‘‘(b) All revenues collected in connection with the dis24 position of electric power generated at the Falcon and

25 Amistad dams, except those revenues paid pursuant to
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1 subsection (d) to the general fund of the Treasury of the

2 United States, shall be credited to the Maintenance Fund

3 and shall remain available until expended for defraying the

4 operation, maintenance, and emergency costs of the hydro5 electric facilities at the dams.

6 ‘‘(c) The authority of subsection (b) may be exercised

7 only to the extent or in such amounts as are provided in

8 advance in appropriation Acts.

9 ‘‘(d) Revenues in the Maintenance Fund in excess of

10 the operation, maintenance, and emergency needs shall be

11 paid annually to the general fund of the Treasury of the

12 United States to return the costs of replacements and the

13 original investments, with interest.

14 ‘‘(e) All funds received from the Government of Mex15 ico for any energy which might be delivered to that Gov16 ernment by the United States Section of the International

17 Boundary and Water Commission pursuant to any special

18 agreement concluded in accordance with Article 19 of the

19 treaty of February 3, 1944, between the United States

20 and Mexico (Treaty Series 994) shall be credited to the

21 General Fund of the Treasury of the United States.’’.
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1 SEC. 172. UNITED STATES MEMBERSHIP IN THE ASIAN-PA2 CIFIC ECONOMIC COOPERATION ORGANIZA3 TION.

4 (a) UNITED STATES MEMBERSHIP.—The President

5 is authorized to maintain membership of the United States

6 in the Asian-Pacific Economic Cooperation (APEC).

7 (b) PAYMENT OF ASSESSED CONTRIBUTIONS.—For

8 fiscal year 1994 and for each fiscal year thereafter, the

9 United States assessed contributions to APEC may be

10 paid from funds appropriated for ‘‘Contributions to Inter11 national Organizations’’.

12 SEC. 173. EXTENSION OF THE INTERNATIONAL ORGANIZA13 TIONS IMMUNITIES ACT TO THE INTER14 NATIONAL UNION FOR CONSERVATION OF

15 NATURE AND NATURAL RESOURCES.

16 The International Organizations Immunities Act (22

17 U.S.C. 288 et seq.) is amended by adding at the end the

18 following new section:

19 ‘‘SEC. 14. The International Union for Conservation

20 of Nature and Natural Resources shall be considered to

21 be an international organization for the purposes of this

22 title and may be extended the provisions of this title in

23 the same manner, to the same extent, and subject to the

24 same conditions, as such provisions may be extended to

25 a public international organization in which the United

26 States participates pursuant to any treaty or under the
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1 authority of any Act of Congress authorizing such partici2 pation or making an appropriation for such participa3 tion.’’.

4 SEC. 174. INTER-AMERICAN ORGANIZATIONS.

5 (a) FINDING.—The Congress finds that the work

6 done by the Inter-American organizations has been of

7 great benefit to the Hemisphere, and the United States

8 itself has experienced a positive return from their efforts.

9 (b) POLICY.—Taking into consideration the long10 term commitment by the United States to the affairs of

11 this Hemisphere and the need to build further upon the

12 linkages between the United States and its neighbors, it

13 is the sense of the Congress that the Secretary of State,

14 in allocating the level of resources for international organi15 zations, should pay particular attention to funding levels

16 of the Inter-American organizations.

17 SEC. 175. PROHIBITION ON CONTRIBUTIONS TO THE INTER18 NATIONAL COFFEE ORGANIZATION.

19 None of the funds authorized to be appropriated by

20 this Act or any other Act may be used to fund any United

21 States contribution to the International Coffee Organiza22 tion.
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1 PART F—OTHER STATE DEPARTMENT-RELATED

2 PROVISIONS

3 SEC. 181. MIGRATION AND REFUGEE AMENDMENTS.

4 (a) MIGRATION AND REFUGEE ASSISTANCE ACT

5 AMENDMENTS.—Section 2 of the Migration and Refugee

6 Assistance Act of 1962 (22 U.S.C. 2601) is amended—

7 (1) by striking ‘‘the Intergovernmental Commit8 tee for European Migration’’ each place it appears

9 and inserting ‘‘the International Organization for

10 Migration’’;

11 (2) in subsection (a)—

12 (A) by striking ‘‘the Committee’’ and in13 serting ‘‘the Organization’’ each place it ap14 pears; and

15 (B) in the first sentence, by inserting be16 fore the period ‘‘, as amended in Geneva, Swit17 zerland, on May 20, 1987’’; and

18 (3) in subsection (c)(2), by striking

19 ‘‘$50,000,000’’ and inserting ‘‘$100,000,000’’.

20 (b) REPEAL.—Section 745 of Public Law 100–204

21 (22 U.S.C. 2601 note) is repealed.

22 SEC. 182. UNITED STATES POLICY CONCERNING OVERSEAS

23 ASSISTANCE TO REFUGEES AND DISPLACED

24 PERSONS.

25 (a) STANDARDS FOR REFUGEE WOMEN AND CHIL26 DREN.—The United States Government, in providing for
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1 overseas assistance and protection of refugees and dis2 placed persons, should seek to address the protection and

3 provision of basic needs of refugee women and children

4 who represent 80 percent of the world’s refugee popu5 lation. As called for in the 1991 United Nations High

6 Commissioner for Refugees (UNHCR) ‘‘Guidelines on the

7 Protection of Refugee Women,’’ whether directly, or

8 through international organizations, the Secretary of

9 State should seek to ensure—

10 (1) specific attention on the part of the United

11 Nations and relief organizations to recruit and em12 ploy female protection officers;

13 (2) implementation of gender awareness train14 ing and field staffing including, but not limited to,

15 security personnel;

16 (3) the protection of refugee women and chil17 dren from violence and other abuses on the part of

18 governments or insurgent groups;

19 (4) full involvement of women refugees in the

20 planning and implementation of—

21 (A) the delivery of services and assistance;

22 and

23 (B) the repatriation process;

24 (5) incorporation of maternal and child health

25 needs into refugee health services and education,
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1 specifically to include education on and access to

2 services in reproductive health and birth spacing;

3 (6) the availability of counseling and other serv4 ices, grievance processes, and protective services to

5 victims of violence and abuse, including but not lim6 ited to rape and domestic violence;

7 (7) the provision of educational programs, par8 ticularly literacy and numeracy, vocational and in9 come generation skills training, and other training

10 efforts promoting self sufficiency for refugee women,

11 with special emphasis on women heads of household;

12 (8) education for all refugee children, ensuring

13 equal access for girls, and special services and family

14 tracing for unaccompanied refugee minors;

15 (9) the collection of data that clearly enumerate

16 age and gender so that appropriate health, edu17 cation, and assistance programs can be planned;

18 (10) the recruitment, hiring, and training of

19 more women program professionals in the inter20 national humanitarian field; and

21 (11) gender awareness training for program

22 staff of the United Nations High Commissioner for

23 Refugees (UNHCR) and nongovernmental voluntary

24 organizations on implementation of the 1991
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1 UNHCR ‘‘Guidelines on the Protection of Refugee

2 Women’’.

3 (b) PROCEDURES.—The Secretary of State should

4 adopt specific procedures to ensure that all recipients of

5 United States Government refugee and migration assist6 ance funds implement the standards outlined in subsection

7 (a).

8 (c) REQUIREMENTS FOR REFUGEE AND MIGRATION

9 ASSISTANCE.—The Secretary of State, in providing mi10 gration and refugee assistance, should support the protec11 tion efforts set forth under this section by raising at the

12 highest levels of Government the issue of abuses against

13 refugee women and children by governments and insur14 gent groups that engage in, permit, or condone—

15 (1) a pattern of gross violations of internation16 ally recognized human rights, such as torture or

17 cruel, inhumane, or degrading treatment or punish18 ment, prolonged detention without charges, or other

19 flagrant denial to life, liberty, and the security of

20 persons;

21 (2) the blockage of humanitarian relief assist22 ance;

23 (3) gender-specific persecution such as system24 atic individual or mass rape, forced pregnancy,

25 forced abortion, enforced prostitution, any form of
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1 indecent assault or act of violence against refugee

2 women, girls, and children; or

3 (4) continuing violations of the integrity of the

4 person against refugee women and children on the

5 part of armed insurgents, local security forces, or

6 camp guards.

7 (d) INVESTIGATION OF REPORTS.—Upon receipt of

8 credible reports of abuses under subsection (c), the Sec9 retary of State should immediately investigate such re10 ports through emergency factfinding missions or other

11 means of investigating such reports and help identify ap12 propriate remedial measures.

13 (e) MULTILATERAL IMPLEMENTATION OF THE 1991

14 UNHCR ‘‘GUIDELINES ON THE PROTECTION OF REFU15 GEE WOMEN’’.—The Secretary of State should work to

16 ensure that multilateral organizations fully incorporate the

17 needs of refugee women and children into all elements of

18 refugee assistance programs and work to encourage other

19 governments that provide refugee assistance to adopt refu20 gee assistance policies designed to encourage full imple21 mentation of the UNHCR’s ‘‘Guidelines on the Protection

22 of Refugee Women’’.
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1 SEC. 183. INTERPARLIAMENTARY EXCHANGES.

2 (a) MEXICO-UNITED STATES INTERPARLIAMENTARY

3 GROUP.—Section 2 of the Act of April 9, 1960 (22 U.S.C.

4 276i) is amended—

5 (1) by striking ‘‘$100,000’’ and inserting

6 ‘‘$80,000’’; and

7 (2) by striking ‘‘$50,000’’ both places it ap8 pears and inserting ‘‘$40,000’’.

9 (b) CANADA-UNITED STATES INTERPARLIAMENTARY

10 GROUP.—Section 2 of the Act of June 11, 1959 (22

11 U.S.C. 276e) is amended—

12 (1) by striking ‘‘$50,000’’ and inserting

13 ‘‘$70,000’’; and

14 (2) by striking ‘‘$25,000’’ both places it ap15 pears and inserting ‘‘$35,000’’.

16 (c) DEPOSIT OF FUNDS IN INTEREST-BEARING AC17 COUNTS.—Funds appropriated and disbursed pursuant to

18 section 303 of the Departments of Commerce, Justice, and

19 State, the Judiciary, and Related Agencies Appropriation

20 Act, 1988 (as added by section 101(a) of Public Law 100–

21 202) (101 Stat. 1329–23; 22 U.S.C. 276 note) are author22 ized to be deposited in interest-bearing accounts and any

23 interest which accrues shall be deposited, periodically, in

24 the miscellaneous receipts account of the Treasury.
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1 SEC. 184. REPORT ON TERRORIST ASSETS IN THE UNITED

2 STATES.

3 Section 304(a) of the Foreign Relations Authoriza4 tion Act, Fiscal Years 1992 and 1993 (Public Law 102–

5 138) is amended—

6 (1) by striking ‘‘Treasury’’ and inserting

7 ‘‘Treasury, in consultation with the Attorney Gen8 eral and the heads of the other appropriate inves9 tigative agencies,’’; and

10 (2) by inserting at the end ‘‘Each such report

11 shall provide a detailed list and description of spe12 cific assets.’’.

13 SEC. 185. COORDINATION OF COUNTERTERRORISM ACTIVI14 TIES.

15 (a) FINDINGS.—It is the sense of the Congress

16 that—

17 (1) international terrorism continues to be a se18 rious threat to the peace and security of democratic

19 nations, the United States included;

20 (2) international terrorist acts against the Unit21 ed States or its people can only be combatted

22 through a vigorous coordination of efforts on the

23 part of responsible United States Federal agencies;

24 and

25 (3) United States citizens have continued to be

26 targets of terrorism both at home and abroad.
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1 (b) COORDINATION.—The Congress strongly urges

2 the Secretary of State to take steps to ensure that coordi3 nation of counterterrorism activities occupies a high prior4 ity within the Department of State by a demonstrated

5 dedication to the assignment of both personnel and re6 sources to the issue of counterterrorism.

7 SEC. 186. FACILITATING ACCESS TO THE DEPARTMENT OF

8 STATE BUILDING.

9 (a) PROCEDURES TO FACILITATE ACCESS.—The Of10 fice of Diplomatic Security shall establish procedures to

11 ensure that the members and staff of the congressional

12 committees of jurisdiction are granted easy access to the

13 Department of State in the conduct of their duties. Such

14 procedures shall enable an individual employed by any

15 such committee to be granted immediate access to the De16 partment of State building upon the presentation of a

17 valid United States Senate or House of Representatives

18 identification card, if such individual’s name appears on

19 a list of staff members provided in advance in writing to

20 the Office of Diplomatic Security by the chairman and

21 ranking member of the committee employing such staff.

22 A copy of such list shall be made available to the reception

23 desk at the Department of State.

24 (b) PARKING PERMITS.—The Office of Diplomatic

25 Security shall also make available a reasonable number of
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1 parking permits to each committee in order to facilitate

2 attendance of meetings at the Department of State.

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

4 term ‘‘congressional committees of jurisdiction’’ means the

5 Committee on Foreign Relations and the Committee on

6 Appropriations of the Senate and the Committee on For7 eign Affairs and the Committee on Appropriations of the

8 House of Representatives.

9 SEC. 187. RECORD OF PLACE OF BIRTH FOR TAIWANESE10 AMERICANS.

11 For purposes of the registration of birth or certifi12 cation of nationality of a United States citizen born in

13 Taiwan, the Secretary of State shall permit the place of

14 birth to be recorded as Taiwan.

15 SEC. 188. REPEAL OF REPORTING REQUIREMENTS.

16 The following provisions of law are hereby repealed:

17 (1) Section 37(d) of the State Department

18 Basic Authorities Act of 1956 (22 U.S.C. 2709), re19 lating to firearms regulations for special agents.

20 (2) Section 214(c) of the State Department

21 Basic Authorities Act of 1956 (22 U.S.C. 4314), re22 lating to extraordinary protective services to foreign

23 missions.

24 (3) Section 216(d) of the State Department

25 Basic Authorities Act of 1956 (22 U.S.C. 4316(d)),
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1 relating to application of travel restrictions to per2 sonnel of certain countries and organizations.

3 (4) Section 108 of the Foreign Relations Au4 thorization Act, Fiscal Year 1978 (22 U.S.C.

5 2151n–1), relating to Americans incarcerated

6 abroad.

7 (5) Section 512(b)(2) of the Foreign Relations

8 Authorization Act, Fiscal Year 1978 (22 U.S.C.

9 2428a(b)), relating to withdrawal of United States

10 troops from Korea.

11 (6) Section 412(b) of the Foreign Service Act

12 of 1980 (22 U.S.C. 3972(b)), relating to special dif13 ferentials for Foreign Service officers.

14 (7) The second sentence of section 2207(c) of

15 the Foreign Service Act of 1980 (22 U.S.C.

16 4171(c)), relating to foreign language competence

17 requirements: exceptions.

18 (8) The second sentence of section 103(b) of

19 the Department of State Authorization Act, Fiscal

20 Years 1982 and 1983 (22 U.S.C. 2656 note), relat21 ing to status of certain consulates to be reopened.

22 (9) Section 9 of the Radio Broadcasting to

23 Cuba Act (22 U.S.C. 1465g), relating to evaluation

24 of Cuba service programming.
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1 (10) Section 130(c) of the Department of State

2 Authorization Act, Fiscal Years 1984 and 1985 (22

3 U.S.C. 3982 note), relating to merger of Foreign

4 Service Information Corps into the Foreign Service

5 Corps.

6 (11) Section 207(b) of the Department of State

7 Authorization Act, Fiscal Years 1984 and 1985 (22

8 U.S.C. 2460 note), relating to foreign travel fi9 nanced from the United States Information Agency’s

10 private sector program.

11 (12) Section 120(d) of the Foreign Relations

12 Authorization Act, Fiscal Years 1986 and 1987

13 (Public Law 99–93), relating to Foreign Service as14 sociates pilot project.

15 (13) Section 611 of the Foreign Relations Au16 thorization Act, Fiscal Years 1986 and 1987 (22

17 U.S.C. 4711), relating to United States scholarship

18 program for developing countries.

19 (14) Section 812(c) of the Foreign Relations

20 Authorization Act, Fiscal Years 1986 and 1987

21 (Public Law 99–93), relating to Japan’s fulfillment

22 of its common defense commitments.

23 (15) Section 153(d) of the Foreign Relations

24 Authorization Act, Fiscal Years 1988 and 1989 (22

25 U.S.C. 4301 note; Public Law 100–204), relating to
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1 United States-Soviet reciprocity in matters relating

2 to embassies.

3 (16) Section 701(b) of the Foreign Relations

4 Authorization Act, Fiscal Years 1988 and 1989 (22

5 U.S.C. 287e note; Public Law 100–204), relating to

6 status of secondment within the United Nations.

7 (17) Section 804(b) of the Foreign Relations

8 Authorization Act, Fiscal Years 1990 and 1991

9 (Public Law 101–246), relating to compliance with

10 commitments by the Palestine Liberation Organiza11 tion.

12 (18) Section 1(5) of the joint resolution entitled

13 ‘‘Joint resolution relating to NASA and the Inter14 national Space Year’’, approved July 31, 1990 (Pub15 lic Law 101–339), relating to the international space

16 year—1992.

17 (19) Section 232 of the Conventional Forces in

18 Europe Treaty Implementation Act of 1991 (Public

19 Law 102–228), relating to activities to reduce Soviet

20 military threat.

21 (20) Section 401(c) of the Conventional Forces

22 in Europe Treaty Implementation Act of 1991 (22

23 U.S.C. 2551 note), relating to the Arms Control and

24 Disarmament Agency’s revitalization report.
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1 TITLE II—UNITED STATES IN2 FORMATIONAL, EDUCA3 TIONAL, AND CULTURAL PRO4 GRAMS

5 PART A—AUTHORIZATION OF APPROPRIATIONS

6 SEC. 201. AUTHORIZATION OF APPROPRIATIONS.

7 (a) IN GENERAL.—The following amounts are au8 thorized to be appropriated to carry out international in9 formation activities, and educational and cultural ex10 change programs under the United States Information

11 and Educational Exchange Act of 1948, the Mutual Edu12 cational and Cultural Exchange Act of 1961, Reorganiza13 tion Plan Number 2 of 1977, the Radio Broadcasting to

14 Cuba Act, the Television Broadcasting to Cuba Act, the

15 Board for International Broadcasting Act, the Inspector

16 General Act of 1978, the National Endowment for Democ17 racy Act, and to carry out other authorities in law consist18 ent with such purposes:

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

20 and Expenses’’ for the United States Information

21 Agency, $478,854,000 for the fiscal year 1994 and

22 $478,854,000 for the fiscal year 1995.

23 (2) EDUCATIONAL AND CULTURAL EXCHANGE

24 PROGRAMS.—
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1 (A) FULBRIGHT ACADEMIC EXCHANGE

2 PROGRAMS.—For the ‘‘Fulbright Academic Ex3 change Programs’’, $141,043,000 for the fiscal

4 year 1994 and $141,043,000 for the fiscal year

5 1995.

6 (B) OTHER EXISTING PROGRAMS.—For

7 ‘‘Hubert H. Humphrey Fellowship Program’’,

8 ‘‘Edmund S. Muskie Fellowship Program’’,

9 ‘‘International Visitors Program’’, ‘‘Israeli-Arab

10 Scholarship Program’’, ‘‘Mike Mansfield Fel11 lowship Program’’, ‘‘Claude and Mildred Pepper

12 Scholarship Program of the Washington Work13 shops Foundation’’, ‘‘Citizen Exchange Pro14 grams’’, ‘‘Congress-Bundestag Exchange Pro15 gram’’, ‘‘Newly Independent States and East16 ern Europe Training’’, ‘‘Institute for Rep17 resentative Government’’, ‘‘Freedom Support

18 Act Secondary School Exchanges’’, and ‘‘Arts

19 America’’, $105,879,000 for the fiscal year

20 1994 and $105,879,000 for the fiscal year

21 1995.

22 (C) NEW PROGRAMS.—

23 (i) GOODWILL GAMES.—For the

24 Goodwill Games, $2,000,000 for the fiscal

25 year 1994.
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1 (ii) EAST TIMOR.—For scholarships

2 for East Timorese students established by

3 section 222, $150,000 for the fiscal year

4 1994 and $150,000 for the fiscal year

5 1995.

6 (iii) CAMBODIA.—For scholarships for

7 Cambodians established by section 223,

8 $500,000 for the fiscal year 1994 and

9 $500,000 for the fiscal year 1995.

10 (iv) WORLD CUP.—For events associ11 ated with the 1994 World Cup soccer

12 finals, $4,500,000 for the fiscal year 1994.

13 (3) BROADCASTING TO CUBA.—For ‘‘Broad14 casting to Cuba’’, $28,351,000 for the fiscal year

15 1994 and $28,351,000 for the fiscal year 1995.

16 (4) INTERNATIONAL BROADCASTING ACTIVI17 TIES.—For ‘‘International Broadcasting Activities’’

18 $560,790,000 for the fiscal year 1994 and

19 $560,790,000 for the fiscal year 1995.

20 (5) OFFICE OF THE INSPECTOR GENERAL.—

21 For the ‘‘Office of the Inspector General’’,

22 $4,390,000 for the fiscal year 1994 and $4,390,000

23 for the fiscal year 1995.

24 (6) NATIONAL ENDOWMENT FOR DEMOC25 RACY.—For the ‘‘National Endowment for Democ-
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1 racy’’, $50,000,000 for the fiscal year 1994 and

2 $50,000,000 for the fiscal year 1995.

3 (7) CENTER FOR CULTURAL AND TECHNICAL

4 INTERCHANGE BETWEEN EAST AND WEST.—For the

5 ‘‘Center for Cultural and Technical Interchange be6 tween East and West’’, $26,000,000 for the fiscal

7 year 1994 and $26,000,000 for the fiscal year 1995.

8 (8) INTERNATIONAL BROADCASTING OPER9 ATIONS.—For ‘‘International Broadcasting Oper10 ations’’, $395,356,000 for the fiscal year 1996 and

11 $400,784,000 for the fiscal year 1997.

12 (9) RADIO CONSTRUCTION.—For ‘‘Radio Con13 struction’’, $108,874,000 for the fiscal year 1996

14 and $111,528,000 for the fiscal year 1997.

15 (b) AUTHORIZATION WITHIN ‘‘SALARIES AND EX16 PENSES ACCOUNT’’.—Of the amount authorized to be ap17 propriated by subsection (a)(1), $350,000 is authorized

18 for the fiscal year 1994 for the establishment and oper19 ation of a United States Information Agency office in

20 Lhasa, Tibet, under section 219 of this Act and $350,000

21 is authorized for the fiscal year 1995 for the continued

22 operation of such office.

23 (c) AUTHORIZATIONS WITHIN ‘‘FULBRIGHT ACA24 DEMIC EXCHANGE PROGRAMS’’.—
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1 (1) Of the amount authorized to be appro2 priated by subsection (a)(2)(A), $3,000,000 is au3 thorized for the fiscal year 1994 and $3,000,000 for

4 the fiscal year 1995 for the Vietnam scholarship

5 program established by section 229 of the Foreign

6 Relations Authorization Act, Fiscal Years 1992 and

7 1993 (Public Law 102–138).

8 (2) Of the amount authorized to be appro9 priated by subsection (a)(2)(A), $2,000,000 is au10 thorized for the fiscal year 1994 and $2,000,000 for

11 the fiscal year 1995 for the ‘‘Environment and Sus12 tainable Development Exchange Program’’ estab13 lished by section 224 of this Act.

14 PART B—USIA AND RELATED AGENCIES

15 AUTHORITIES AND ACTIVITIES

16 SEC. 211. CHANGES IN ADMINISTRATIVE AUTHORITIES.

17 Section 801 of the United States Information and

18 Educational Exchange Act of 1948 (22 U.S.C. 1471) is

19 amended—

20 (1) in paragraph (5), by striking ‘‘and’’ after

21 the semicolon;

22 (2) in paragraph (6), by striking the period at

23 the end and inserting ‘‘; and’’; and

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

25 paragraph:
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1 ‘‘(7) notwithstanding any other provision of

2 law, to carry out projects involving security con3 struction and related improvements for Agency fa4 cilities not physically located together with Depart5 ment of State facilities abroad.’’.

6 SEC. 212. BUYING POWER MAINTENANCE ACCOUNT.

7 Section 704(c) of the United States Information and

8 Educational Exchange Act of 1948 (22 U.S.C. 1477b(c))

9 is amended—

10 (1) by redesignating clauses (1) and (2) as

11 clauses (A) and (B), respectively;

12 (2) by inserting ‘‘(1)’’ after ‘‘(c)’’; and

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

14 paragraphs:

15 ‘‘(2) In carrying out this subsection, there may be

16 established a Buying Power Maintenance account.

17 ‘‘(3) In order to eliminate substantial gains to the

18 approved levels of overseas operations for the United

19 States Information Agency, the Director shall transfer to

20 the Buying Power Maintenance account such amounts ap21 propriated for ‘Salaries and Expenses’ as the Director de22 termines are excessive to the needs of the approved level

23 of operations under that appropriation account because of

24 fluctuations in foreign currency exchange rates or changes

25 in overseas wages and prices.
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1 ‘‘(4) In order to offset adverse fluctuations in foreign

2 currency exchange rates or foreign wages and prices, the

3 Director may transfer from the Buying Power Mainte4 nance account to the ‘Salaries and Expenses’ appropria5 tions account such amounts as the Director determines

6 are necessary to maintain the approved level of operations

7 under that appropriation account.

8 ‘‘(5) Funds transferred by the Director from the

9 Buying Power Maintenance account to another account

10 shall be merged with and be available for the same pur11 pose, and for the same time period, as the funds in that

12 other account. Funds transferred by the Director from an13 other account to the Buying Power Maintenance account

14 shall be merged with the funds in the Buying Power Main15 tenance account and shall be available for the purposes

16 of that account until expended.

17 ‘‘(6) Any restriction contained in an appropriation

18 Act or other provision of law limiting the amounts that

19 may be obligated or expended by the United States Infor20 mation Agency shall be deemed to be adjusted to the ex21 tent necessary to offset the net effect of fluctuations in

22 foreign currency exchange rates or overseas wage and

23 price changes in order to maintain approved levels.

24 ‘‘(7)(A) Subject to the limitations contained in this

25 paragraph, not later than the end of the 5th fiscal year
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1 after the fiscal year for which funds are appropriated or

2 otherwise made available for the ‘Salaries and Expenses’

3 account, the Director may transfer any unobligated bal4 ance of such funds to the Buying Power Maintenance ac5 count.

6 ‘‘(B) The balance of the Buying Power Maintenance

7 account may not exceed $50,000,000 as a result of any

8 transfer under this paragraph.

9 ‘‘(C) Any transfer pursuant to this paragraph shall

10 be treated as a reprogramming of funds under section 705

11 and shall be available for obligation or expenditure only

12 in accordance with the procedures under such section.

13 ‘‘(D) The authorities contained in this section may

14 only be exercised to such an extent and in such amounts

15 as specifically provided in advance in appropriation Acts.’’.

16 SEC. 213. CONTRACT AUTHORITY.

17 Section 802(b) of the United States Information and

18 Educational Exchange Act of 1948 (22 U.S.C. 1472(b))

19 is amended by adding at the end the following new para20 graph:

21 ‘‘(4)(A) Notwithstanding the other provisions of this

22 subsection, the United States Information Agency is au23 thorized to enter into contracts for periods not to exceed

24 7 years for circuit capacity to distribute radio and tele25 vision programs.
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1 ‘‘(B) The authority of this paragraph may be exer2 cised for a fiscal year only to such extent or in such

3 amounts as are provided in advance in appropriations

4 Acts.’’.

5 SEC. 214. PROHIBITION ON DISCRIMINATORY CONTRACTS.

6 (a) PROHIBITION.—

7 (1) Except for real estate leases and as pro8 vided in subsection (b), the United States Informa9 tion Agency may not enter into any contract that ex10 pends funds appropriated to the United States In11 formation Agency for an amount in excess of the

12 small purchase threshold (as defined in section 4(11)

13 of the Office of Federal Procurement Policy Act (41

14 U.S.C. 403(11))—

15 (A) with a foreign person that complies

16 with the Arab League boycott of Israel, or

17 (B) with any foreign or United States per18 son that discriminates in the award of sub19 contracts on the basis of religion.

20 (2) For purposes of this section—

21 (A) a foreign person complies with the boy22 cott of Israel by Arab League countries when

23 that foreign person takes or knowingly agrees

24 to take any action, with respect to the boycott

25 of Israel by Arab League countries, which sec-
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1 tion 8(a) of the Export Administration Act of

2 1979 (50 U.S.C. App. 2407(a)) prohibits a

3 United States person from taking, except that

4 for purposes of this paragraph, the term ‘‘Unit5 ed States person’’ as used in subparagraphs (B)

6 and (C) of section 8(a)(1) of such Act shall be

7 deemed to mean ‘‘person’’; and

8 (B) the term ‘‘foreign person’’ means any

9 person other than a United States person as de10 fined in section 16(2) of the Export Adminis11 tration Act of 1979 (50 U.S.C. App. 2415).

12 (3) For purposes of paragraph (1), a foreign

13 person shall be deemed not to comply with the boy14 cott of Israel by Arab League countries if that per15 son, or the Director of the United States Informa16 tion Agency or his designee on the basis of available

17 information, certifies that the person violates or oth18 erwise does not comply with the boycott of Israel by

19 Arab League countries by taking any actions prohib20 ited by section 8(a) of the Export Administration

21 Act of 1979 (50 U.S.C. App. 2407(a)). Certification

22 by the Director of the United States Information

23 Agency or his designee may occur only 30 days after

24 notice has been given to the Congress that this cer-
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1 tification procedure will be utilized at a specific over2 seas mission.

3 (b) WAIVER BY THE DIRECTOR OF THE UNITED

4 STATES INFORMATION AGENCY.—The Director of the

5 United States Information Agency may waive the require6 ments of this section on a country-by-country basis for a

7 period not to exceed one year upon certification to the

8 Congress by the Director that such waiver is in the na9 tional interest and is necessary to carry on diplomatic

10 functions on the United States. Each such certification

11 shall include a detailed justification for the waiver with

12 respect to each such country.

13 (c) RESPONSES TO CONTRACT SOLICITATIONS.—(1)

14 Except as provided in paragraph (2) of this subsection,

15 the Director of the United States Information Agency

16 shall ensure that any response to a solicitation for a bid

17 or a request for a proposal, with respect to a contract cov18 ered by subsection (a), includes the following clause, in

19 substantially the following form:

20 ‘‘ARAB LEAGUE BOYCOTT OF ISRAEL

21 ‘‘(a) DEFINITIONS.—As used in this clause—

22 ‘‘(1) the term ‘foreign person’ means any per23 son other than a United States person as defined in

24 paragraph (2); and

25 ‘‘(2) the term ‘United States person’ means any

26 United States resident or national (other than an in-
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1 dividual resident outside the United States and em2 ployed by other than a United States person), any

3 domestic concern (including any permanent domestic

4 establishment of any foreign concern), and any for5 eign subsidiary or affiliate (including any permanent

6 foreign establishment) of any domestic concern

7 which is controlled in fact by such domestic concern,

8 as determined under regulations of the President.

9 ‘‘(b) CERTIFICATION.—By submitting this offer, the

10 Offeror certifies that it is not—

11 ‘‘(1) taking or knowingly agreeing to take any

12 action, with respect to the boycott of Israel by Arab

13 League countries, which section 8(a) of the Export

14 Administration Act of 1979 (50 U.S.C. App.

15 2407(a)) prohibits a United States person from tak16 ing; or

17 ‘‘(2) discriminating in the award of sub18 contracts on the basis of religion.’’.

19 (2) An Offeror would not be required to include the

20 certification required by paragraph (1), if the Offeror is

21 deemed not to comply with the Arab League boycott of

22 Israel by the Director of the United States Information

23 Agency or a designee on the basis of available information.

24 Certification by the Director of the United States Infor25 mation Agency or a designee may occur only 30 days after
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1 notice has been given to the Congress that this certifi2 cation procedure will be utilized at a specific overseas mis3 sion.

4 (3) The Director of the United States Information

5 Agency shall ensure that all State Department contract

6 solicitations include a detailed explanation of the require7 ments of section 8(a) of the Export Administration Act

8 of 1979 (50 U.S.C. App. 2407(a)).

9 (d) REVIEW OF TERMINATION.—(1) The United

10 States Information Agency shall conduct reviews of the

11 certifications submitted pursuant to this section for the

12 purpose of assessing the accuracy of the certifications.

13 (2) Upon complaint of any foreign or United States

14 person of a violation of the certification as required by

15 this section, filed with the Director of the United States

16 Information Agency, the United States Information Agen17 cy shall investigate such complaint, and if such complaint

18 is found to be correct and a violation of the certification

19 has been found, all contracts with such violator shall be

20 terminated for default as soon as practicable, and, for a

21 period of two years thereafter, the Agency shall not enter

22 into any contracts with such a violator.

23 SEC. 215. UNITED STATES TRANSMITTER IN KUWAIT.

24 None of the funds authorized to be appropriated by

25 this or any other Act may be obligated or expended for
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1 the design, development, or construction of a United

2 States radio transmitter in Kuwait.

3 SEC. 216. SEPARATE LEDGER ACCOUNTS FOR GRANTEES

4 OF THE NATIONAL ENDOWMENT FOR DEMOC5 RACY.

6 Section 504(h)(1) of the National Endowment for

7 Democracy Act (22 U.S.C. 4413(h)(1)) is amended by

8 striking ‘‘accounts’’ and inserting ‘‘bank accounts or sepa9 rate self-balancing ledger accounts’’.

10 SEC. 217. LIMITATION CONCERNING PARTICIPATION IN

11 INTERNATIONAL EXPOSITIONS.

12 Notwithstanding any other provision of law, the Unit13 ed States Information Agency shall not obligate or expend

14 any funds for a United States Government funded pavilion

15 or other major exhibit at any international exposition or

16 world’s fair registered by the Bureau of International Ex17 positions in excess of amounts expressly authorized and

18 appropriated for such purpose.

19 SEC. 218. AUTHORITY TO RESPOND TO PUBLIC INQUIRIES.

20 Section 208 of the Foreign Relations Authorization

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

22 is amended by adding at the end the following new sen23 tence: ‘‘The provisions of this section shall not prohibit

24 the United States Information Agency from responding to
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1 inquiries from members of the public about its operations,

2 policies, or programs.’’.

3 SEC. 219. USIA OFFICE IN LHASA, TIBET.

4 (a) ESTABLISHMENT OF OFFICE.—The Director of

5 the United States Information Agency shall establish an

6 office in Lhasa, Tibet, for the purpose of—

7 (1) disseminating information about the United

8 States;

9 (2) promoting discussions on conflict resolution

10 and human rights;

11 (3) facilitating United States private sector in12 volvement in educational and cultural activities in

13 Tibet; and

14 (4) advising the United States Government with

15 respect to Tibetan public opinion.

16 (b) APPLICABLE LAWS.—Activities under subsection

17 (a) shall be carried out in accordance with the provisions

18 of the United States Information and Educational Ex19 change Act of 1948 and the Mutual Educational and Cul20 tural Exchange Act of 1961.

21 SEC. 220. REPORTS ON UNITED STATES GOVERNMENT EX22 CHANGE PROGRAMS.

23 (a) PRESIDENTIAL REPORT.—Section 112 of the Mu24 tual Educational and Cultural Exchange Act of 1961 (22
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1 U.S.C. 2460) is amended by adding at the end the follow2 ing:

3 ‘‘(f)(1) The President shall ensure that all exchange

4 programs conducted by the United States Government, its

5 departments, and agencies, directly or through agreements

6 with other parties, are reported to the Bureau at a time

7 and in a format prescribed by the Bureau.

8 ‘‘(2) Not later than 90 days after the date of enact9 ment of this subsection, and annually thereafter, the

10 President shall submit to the Chairman of the Committee

11 on Foreign Relations and the Speaker of the House of

12 Representatives a report containing the information re13 quired to be reported under paragraph (1). Such report

14 shall include information concerning the objectives of each

15 exchange program supported by the United States, the

16 number of exchange participants, the types of exchange

17 activities, and the total amount of Federal expenditures

18 for such exchanges.’’.

19 (b) REPORT BY THE DIRECTOR OF USIA.—Not later

20 than 120 days after the date of enactment of this Act,

21 the Director of the United States Information Agency

22 shall submit to the Chairman of the Committee on Foreign

23 Relations and the Speaker of the House of Representa24 tives a report—
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1 (1) outlining the range of exchange programs

2 administered by the Agency;

3 (2) identifying possible areas of duplication or

4 inefficiency; and

5 (3) recommending program consolidation and

6 administrative restructuring as warranted.

7 SEC. 221. SCHOLARSHIPS FOR EAST TIMORESE STUDENTS.

8 Notwithstanding any other provision of law, the Bu9 reau of Educational and Cultural Affairs of the United

10 States Information Agency shall make available for each

11 of the fiscal years 1994 and 1995, scholarships for East

12 Timorese students qualified to study in the United States

13 for the purpose of studying at the undergraduate level in

14 a United States college or university. Each scholarship

15 made available under this subsection shall be for not less

16 than one semester of study.

17 SEC. 222. CAMBODIAN SCHOLARSHIP AND EXCHANGE PRO18 GRAMS.

19 (a) PURPOSE.—It is the purpose of this section to

20 provide financial assistance—

21 (1) to establish a scholarship program for Cam22 bodian college and post-graduate students to study

23 in the United States; and
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1 (2) to expand Cambodian participation in ex2 change programs of the United States Information

3 Agency.

4 (b) PROGRAM.—(1) The Director of the United

5 States Information Agency shall establish a scholarship

6 program to enable Cambodian college students and post7 graduate students to study in the United States.

8 (2) The Director of the United States Information

9 Agency shall also include qualified Cambodian citizens in

10 exchange programs funded or otherwise sponsored by the

11 Agency, in particular the Fulbright Academic Program,

12 the International Visitor Program, and the Citizen Ex13 change Program.

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

15 the term ‘‘scholarship’’ means an amount to be used for

16 full or partial support of tuition and fees to attend an edu17 cational institution, and may include fees, books, and sup18 plies, equipment required for courses at an educational in19 stitution, living expenses at a United States educational

20 institution, and travel expenses to and from, and within,

21 the United States.

22 SEC. 223. INCREASING AFRICAN PARTICIPATION IN USIA

23 EXCHANGE PROGRAMS.

24 (a) FINDINGS.—The Congress finds that—
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1 (1) United States Information Agency (USIA)

2 programs with African countries have continued to

3 decrease over the past three years, occurring at a

4 time when economic reform and the expansion of

5 democratic governments and institutions are taking

6 place in more than 25 countries across Africa;

7 (2) African institutions are now attempting to

8 reform their education sector to adjust to population

9 and budget pressures, and to revitalize existing in10 frastructure to restore quality;

11 (3) higher education is the cornerstone of eco12 nomic and political development, and will help im13 prove the well-being of Africans citizens; and

14 (4) USIA programs in Africa are insufficient to

15 meet the expanding needs for educational develop16 ment and to help strengthen democratic, edu17 cational, and free market institutions in Africa.

18 (b) POLICY.—The Director of United States Informa19 tion Agency shall expand exchange program allocations to

20 Africa, in particular Fulbright Academic Exchanges,

21 International Visitor Programs, and Citizen Exchanges,

22 and shall further encourage a broadening of affiliations

23 and links between American and African institutions.
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1 SEC. 224. ENVIRONMENT AND SUSTAINABLE DEVELOP2 MENT EXCHANGE PROGRAM.

3 (a) PURPOSE.—The purpose of this section is to es4 tablish an exchange program to bring students and teach5 ers to the United States for training in the fields of envi6 ronment and development, with particular emphasis on

7 sustainable development.

8 (b) PROGRAM AUTHORITY.—Notwithstanding any

9 other provision of law, the Director of the United States

10 Information Agency, through the Bureau of Educational

11 and Cultural Affairs, shall provide scholarships beginning

12 in the fiscal year 1994, and for each fiscal year thereafter,

13 for study at United States institutions of higher education

14 in furtherance of the purpose of this section for foreign

15 students who have completed their undergraduate edu16 cation and for postsecondary educators.

17 (c) GUIDELINES.—The scholarship program under

18 this section shall be carried out in accordance with the

19 following guidelines:

20 (1) Consistent with section 112(b) of the Mu21 tual Educational and Cultural Exchange Act of

22 1961 (22 U.S.C. 2460(b)), all programs created pur23 suant to this Act shall be nonpolitical and balanced,

24 and shall be administered in keeping with the high25 est standards of academic integrity and cost-effec26 tiveness.
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1 (2) The United States Information Agency shall

2 administer this program under the auspices of the

3 Fulbright Academic Exchange Program.

4 (3) The United States Information Agency shall

5 ensure the regional diversity of this program

6 through the selection of candidates from Asia, Afri7 ca, Latin America, as well as Europe and the Middle

8 East.

9 (d) DEFINITION.—For purposes of this section, the

10 term ‘‘institution of higher education’’ has the same mean11 ing given to such term by section 1201(a) of the Higher

12 Education Act of 1965.

13 SEC. 225. USIA VOCATIONAL EXCHANGE PROGRAM.

14 (a) AUTHORITY.—Section 102(a) of the Mutual Edu15 cational and Cultural Exchange Act of 1961 (22 U.S.C.

16 2452) is amended by adding at the end the following new

17 paragraph:

18 ‘‘(4) vocational exchanges, by financing visits

19 and interchanges of professionals and skilled work20 ers in the fields of government, public administra21 tion, infrastructure planning and development, busi22 ness, and finance for the purpose of increasing prac23 tical understanding, management, and problem-solv24 ing skills in—
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1 ‘‘(A) the institution and improvement of

2 public administration and infrastructure at the

3 national, intergovernmental, regional and local

4 level; and

5 ‘‘(B) the creation and development of pri6 vate enterprise and free market systems based

7 on the principle of private ownership of prop8 erty.’’.

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

10 of the enactment of this Act, the Director of the United

11 States Information Agency shall submit a detailed report

12 to the Committee on Foreign Relations of the Senate and

13 the Committee on Foreign Affairs of the House of Rep14 resentatives on the action taken by the United States In15 formation Agency to carry out section 102(a)(4) of the

16 Mutual Educational and Cultural Exchange Act of 1961.

17 SEC. 226. AMERICAN STUDIES COLLECTIONS.

18 (a) AUTHORITY.—In order to promote a thorough

19 understanding of the United States among emerging elites

20 abroad, the Director of the United States Information

21 Agency is authorized to enter into agreements with univer22 sities for the establishment and support of collections at

23 appropriate university libraries located abroad to further

24 the study of the United States.
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1 (b) DESIGN AND DEVELOPMENT.—Such col2 lections—

3 (1) shall be developed in consultation with Unit4 ed States associations and organizations of scholars

5 in the principal academic disciplines in which Amer6 ican studies are conducted; and

7 (2) shall be designed primarily to meet the

8 needs of undergraduate and graduate students of

9 American studies.

10 (c) SITE SELECTION.—In selecting universities

11 abroad as sites for such collections, the Director shall—

12 (1) ensure that such universities are able, with13 in a reasonable period of the establishment of such

14 collections, to assume responsibility for their mainte15 nance in current form;

16 (2) ensure that undergraduate and graduate

17 students shall enjoy reasonable access to such collec18 tions; and

19 (3) include in any agreement entered into be20 tween the United States Information Agency and a

21 university abroad, terms embodying a contractual

22 commitment of such maintenance and access under

23 this subsection.
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1 SEC. 227. TECHNICAL AMENDMENT RELATING TO NEAR

2 AND MIDDLE EAST RESEARCH AND TRAIN3 ING.

4 Section 228(d) of the Foreign Relations Authoriza5 tion Act, Fiscal Years 1992 and 1993 (22 U.S.C. 2452

6 note) is amended by inserting ‘‘and includes the Republic

7 of Turkey’’ before the period at the end thereof.

8 SEC. 228. DISTRIBUTION WITHIN THE UNITED STATES OF

9 UNITED STATES INFORMATION AGENCY DOC10 UMENTARY FILM ENTITLED ‘‘CRIMES

11 AGAINST HUMANITY’’.

12 Notwithstanding the second sentence of section 501

13 of the United States Information and Educational Ex14 change Act of 1948 (22 U.S.C. 1461), nor any other provi15 sion of law, the Director of the United States Information

16 Agency may make available for distribution within the

17 United States the documentary entitled ‘‘Crimes Against

18 Humanity’’, a film about the ensuing conflict in the

19 former Yugoslavia.

20 PART C—MIKE MANSFIELD FELLOWSHIPS

21 SEC. 231. SHORT TITLE.

22 This part may be cited as the ‘‘Mike Mansfield Fel23 lowship Act’’.
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1 SEC. 232. ESTABLISHMENT OF MIKE MANSFIELD FELLOW2 SHIP PROGRAM.

3 (a) ESTABLISHMENT.—(1) There is hereby estab4 lished the ‘‘Mike Mansfield Fellowship Program’’ pursu5 ant to which the Director of the United States Informa6 tion Agency will make grants, subject to the availability

7 of appropriations, to the Mansfield Center for Pacific Af8 fairs to award fellowships to eligible United States citizens

9 for periods of 2 years each (or, pursuant to section

10 233(5)(C), for such shorter period of time as the Center

11 may determine based on a Fellow’s level of proficiency in

12 the Japanese language or knowledge of the political econ13 omy of Japan) as follows:

14 (A) During the first year each fellowship recipi15 ent will study the Japanese language as well as Ja16 pan’s political economy.

17 (B) During the second year each fellowship re18 cipient will serve as a Fellow in a parliamentary of19 fice, ministry, or other agency of the Government of

20 Japan or, subject to the approval of the Center, a

21 nongovernmental Japanese institution associated

22 with the interests of the fellowship recipient, consist23 ent with the purposes of this part.

24 (2) Fellowships under this part may be known as

25 ‘‘Mansfield Fellowships’’, and individuals awarded such

26 fellowships may be known as ‘‘Mansfield Fellows’’.
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1 (b) ELIGIBILITY OF CENTER FOR GRANTS.—Grants

2 may be made to the Center under this section only if the

3 Center agrees to comply with the requirements of section

4 233.

5 (c) INTERNATIONAL AGREEMENT.—The Director of

6 the United States Information Agency should enter into

7 negotiations for an agreement with the Government of

8 Japan for the purpose of placing Mansfield Fellows in the

9 Government of Japan.

10 (d) PRIVATE SOURCES.—The Center is authorized to

11 accept, use, and dispose of gifts or donations of services

12 or property in carrying out the fellowship program.

13 SEC. 233. PROGRAM REQUIREMENTS.

14 The program established under this part shall comply

15 with the following requirements:

16 (1) United States citizens who are eligible for

17 fellowships under this part shall be employees of the

18 Federal Government having at least two years expe19 rience in any branch of the Government, a strong

20 career interest in United States-Japan relations, and

21 a demonstrated commitment to further service in the

22 Federal Government.

23 (2) Not less than 10 fellowships shall be award24 ed each year.

25 (3) Mansfield Fellows shall agree—
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1 (A) to maintain satisfactory progress in

2 language training as a condition of continued

3 receipt of Federal funds; and

4 (B) to return to the Federal Government

5 for further employment for a period of at least

6 2 years following the end of their fellowships,

7 unless, in the determination of the Center, the

8 Fellow is unable (for reasons beyond the Fel9 low’s control and after receiving assistance from

10 the Center as provided in paragraph (8)) to

11 find reemployment for such period.

12 (4) During the period of the fellowship, the

13 Center shall provide each Mansfield Fellow—

14 (A) a stipend at a rate of pay equal to the

15 rate of pay that individual was receiving when

16 he or she entered the program, plus a cost-of17 living adjustment calculated at the same rate of

18 pay, and for the same period of time, for which

19 such adjustments were made to the salaries of

20 individuals occupying competitive positions in

21 the civil service during the same period as the

22 fellowship; and

23 (B) certain allowances and benefits as that

24 individual would have been entitled to, but for

25 his or her separation from Government service,
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1 as a United States Government civilian em2 ployee overseas under the Standardized Regula3 tions (Government Civilians, Foreign Areas) of

4 the Department of State, as follows: a living

5 quarters allowance to cover the cost of housing

6 in Japan, a post allowance to cover the signifi7 cantly higher costs of living in Japan, a tem8 porary quarters subsistence allowance for up to

9 7 days for Fellows unable to find housing im10 mediately upon arrival in Japan, an education

11 allowance to assist parents in providing their

12 children with educational services ordinarily

13 provided without charge by United States pub14 lic schools, moving expenses of up to $3,000 for

15 personal belongings of Fellows and their fami16 lies in their move to Japan and up to $500 for

17 Fellows residing outside the Washington, D.C.

18 area in moving to the Washington, D.C. area,

19 and one-round-trip economy-class airline ticket

20 to Japan for each Fellow and the Fellow’s im21 mediate family.

22 (5)(A) For the first year of each fellowship, the

23 Center shall provide Fellows with intensive Japanese

24 language training in the Washington, D.C., area, as

25 well as courses in the political economy of Japan.
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1 (B) Such training shall be of the same quality

2 as training provided to Foreign Service officers be3 fore they are assigned to Japan.

4 (C) The Center may waive any or all of the

5 training required by subparagraph (A) to the extent

6 that a Fellow has Japanese language skills or knowl7 edge of Japan’s political economy, and the 2 year

8 fellowship period shall be shortened to the extent

9 such training is less than one year.

10 (6) Any Mansfield Fellow not complying with

11 the requirements of this section shall reimburse the

12 United States Information Agency for the Federal

13 funds expended for the Fellow’s participation in the

14 fellowship, together with interest on such funds (cal15 culated at the prevailing rate), as follows:

16 (A) Full reimbursement for noncompliance

17 with paragraph (3)(A) or (9); and

18 (B) pro rata reimbursement for noncompli19 ance with paragraph (3)(B) for any period the

20 Fellow is reemployed by the Federal Govern21 ment that is less than the period specified in

22 paragraph (3)(B), at a rate equal to the

23 amount the Fellow received during the final

24 year of the fellowship for the same period of
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1 time, including any allowances and benefits pro2 vided under paragraph (4).

3 (7) The Center shall select Mansfield Fellows

4 based solely on merit. The Center shall make posi5 tive efforts to recruit candidates reflecting the cul6 tural, racial, and ethnic diversity of the United

7 States.

8 (8) The Center shall assist any Mansfield Fel9 low in finding employment in the Federal Govern10 ment if such Fellow was not able, at the end of the

11 fellowship, to be reemployed in the agency from

12 which he or she separated to become a Fellow.

13 (9) No Mansfield Fellow may engage in any in14 telligence or intelligence-related activity on behalf of

15 the United States Government.

16 SEC. 234. SEPARATION OF GOVERNMENT PERSONNEL DUR17 ING THE FELLOWSHIPS.

18 (a) SEPARATION.—Under such terms and conditions

19 as the agency head may direct, any agency of the United

20 States Government may separate from Government serv21 ice for a specified period any officer or employee of that

22 agency who accepts a fellowship under the program estab23 lished by this part.

24 (b) REEMPLOYMENT.—Any Mansfield Fellow, at the

25 end of the fellowship, is entitled to be reemployed in the
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1 same manner as if covered by section 3582 of title 5, Unit2 ed States Code.

3 (c) RIGHTS AND BENEFITS.—Notwithstanding sec4 tion 8347(o), 8713, or 8914 of title 5, United States Code,

5 and in accordance with regulations of the Office of Person6 nel Management, an employee, while serving as a Mans7 field Fellow, is entitled to the same rights and benefits

8 as if covered by section 3582 of title 5, United States

9 Code. The Center shall reimburse the employing agency

10 for any costs incurred under section 3582 of title 5, Unit11 ed States Code.

12 (d) COMPLIANCE WITH BUDGET ACT.—Funds are

13 available under this section to the extent and in the

14 amounts provided in appropriation Acts.

15 SEC. 235. PROGRAM REVIEW AND REPORT.

16 (a) PROGRAM REVIEW.—The Director of the United

17 States Information Agency shall review the administration

18 of the program assisted under this part.

19 (b) ANNUAL REPORT.—Each year at the time of the

20 submission of the President’s budget request to the Con21 gress, the Director of the United States Information

22 Agency shall submit to the Chairman of the Committee

23 on Foreign Relations and the Speaker of the House of

24 Representatives a report completed by the Center on the
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1 conduct of the program during the preceding year. Each

2 such report shall contain—

3 (1) an analysis of the assistance provided under

4 the program for the previous fiscal year and the na5 ture of the assistance provided;

6 (2) an analysis of the performance of the indi7 viduals who received assistance under the program

8 during the previous fiscal year, including the degree

9 to which assistance was terminated under the pro10 gram and the extent to which individual recipients

11 failed to meet their obligation under the program;

12 and

13 (3) an analysis of the results of the program for

14 the previous fiscal year, including, at a minimum,

15 the cumulative percentage of individuals who re16 ceived assistance under the program who subse17 quently became employees of the United States Gov18 ernment and, in the case of individuals who did not

19 subsequently become employees of the United States

20 Government, an analysis of the reasons why they did

21 not become employees and an explanation as to what

22 use, if any, was made of the assistance given to

23 those recipients.

24 SEC. 236. DEFINITIONS.

25 For purposes of this part—
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1 (1) the term ‘‘agency of the United States Gov2 ernment’’ includes any agency of the legislative

3 branch and any court of the judicial branch as well

4 as any agency of the executive branch;

5 (2) the term ‘‘agency head’’ means—

6 (A) in the case of the executive branch of

7 Government or an agency of the legislative

8 branch other than the House of Representatives

9 or the Senate, the head of the respective agen10 cy;

11 (B) in the case of the judicial branch of

12 Government, the chief judge of the respective

13 court;

14 (C) in the case of the Senate, the Presi15 dent pro tempore, in consultation with the Ma16 jority Leader and Minority Leader of the Sen17 ate; and

18 (D) in the case of the House of Represent19 atives, the Speaker of the House, in consulta20 tion with the Majority Leader and Minority

21 Leader of the House; and

22 (3) the term ‘‘Center’’ means the Mansfield

23 Center for Pacific Affairs.
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1 TITLE III—UNITED STATES

2 INTERNATIONAL BROADCAST3 ING ACT OF 1993

4 SEC. 301. SHORT TITLE.

5 This title may be cited as the ‘‘United States Inter6 national Broadcasting Act of 1993’’.

7 SEC. 302. CONGRESSIONAL FINDINGS AND DECLARATION

8 OF PURPOSES.

9 The Congress hereby finds and declares that—

10 (1) it is the policy of the United States to pro11 mote the right of opinion and expression, including

12 the freedom ‘‘to seek, receive, and impart informa13 tion and ideas through any media and regardless of

14 frontiers,’’ in accordance with Article 19 of the Uni15 versal Declaration of Human Rights;

16 (2) open communication of information and

17 ideas among the peoples of the world contributes to

18 international peace and stability, and that the pro19 motion of such communication is in the interests of

20 the United States;

21 (3) prominent in the implementation of this pol22 icy has been United States support for the Voice of

23 America, Radio Free Europe, Radio Liberty, and

24 Broadcasting to Cuba, which have demonstrated
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1 their effectiveness in providing accurate and timely

2 information to the people of the world;

3 (4) the continuation of these broadcasting enti4 ties, and the creation of a new broadcasting service

5 to the people of the People’s Republic of China and

6 the other communist countries of Asia, would con7 tinue the promotion of information and ideas, while

8 advancing the goals of United States foreign policy;

9 and

10 (5) the reorganization and consolidation of

11 these services under a single administrative struc12 ture will achieve important economies and strength13 en the capability of the United States to utilize these

14 instrumentalities to support freedom and democracy

15 in a rapidly changing international environment.

16 SEC. 303. ESTABLISHMENT OF BROADCASTING BOARD OF

17 GOVERNORS.

18 (a) ESTABLISHMENT.—There is hereby established

19 within the United States Information Agency a Broadcast20 ing Board of Governors (hereafter in this title referred to

21 as the ‘‘Board’’).

22 (b) COMPOSITION OF THE BOARD.—(1) The Board

23 shall consist of 8 members, as follows:
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1 (A) Six voting members who shall be appointed

2 by the President, by and with the advice and consent

3 of the Senate.

4 (B) The Director of the United States Informa5 tion Agency who shall also be a voting member.

6 (C) The Director of the International Broad7 casting Bureau, who shall be an ex officio member

8 of the Board and may not vote in the determinations

9 of the Board.

10 (2) The President shall designate one member (other

11 than the Director of the United States Information Agen12 cy) as Chairman of the Board.

13 (3) Exclusive of the Director of the United States In14 formation Agency, not more than three of the members

15 of the Board appointed by the President shall be of the

16 same political party.

17 (c) TERM OF OFFICE.—The term of office of each

18 member of the Board shall be three years, except that the

19 Director of the United States Information Agency and the

20 Director of the International Broadcasting Bureau of the

21 United States Information Agency shall remain members

22 of the Board during their respective terms of service. Of

23 the other six voting members, the initial terms of office

24 of two members shall be one year, and the initial terms

25 of office of two other members shall be two years, so that
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1 the terms of one-third of these voting members of the

2 Board expire each year. The President shall appoint, by

3 and with the advice and consent of the Senate, Board

4 members to fill vacancies occurring prior to the expiration

5 of a term, in which case the members so appointed shall

6 serve for the remainder of such term. Any member whose

7 term has expired may serve until his or her successor has

8 been appointed and qualified.

9 (d) SELECTION OF BOARD.—Members of the Board

10 appointed by the President shall be citizens of the United

11 States who are not currently regular full-time employees

12 of the United States Government, except the Director of

13 the United States Information Agency. Such members

14 shall be selected by the President from among Americans

15 distinguished in the fields of mass communications, print,

16 broadcast media or foreign affairs.

17 (e) COMPENSATION.—Members of the Board, while

18 attending meetings of the Board or while engaged in du19 ties relating to such meetings or in other activities of the

20 Board pursuant to this section, including travel time, shall

21 be entitled to receive compensation equal to the daily

22 equivalent of the compensation prescribed for level IV of

23 the Executive Schedule under section 5315 of title 5, Unit24 ed States Code. While away from their homes or regular

25 places of business they may be allowed travel expenses,
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1 including per diem in lieu of subsistence, as authorized

2 by law (5 U.S.C. 5703) for persons in the Government

3 service employed intermittently. The Director of the Unit4 ed States Information Agency and the Director, Inter5 national Broadcasting Bureau, United States Information

6 Agency, shall not be entitled to any compensation under

7 this title, but may be allowed travel expenses as provided

8 in the preceding sentence.

9 SEC. 304. FUNCTIONS OF THE BOARD.

10 (a) AUTHORITIES.—The Board is authorized—

11 (1) to provide guidance and oversight to the

12 International Broadcasting Bureau which is author13 ized to administer Radio Free Europe, Radio Lib14 erty, Voice of America, the Office of Cuban Broad15 casting, Radio Free Asia, and such services of

16 WORLDNET Television and Film Service as deter17 mined by the Board with the concurrence of the Di18 rector of the United States Information Agency;

19 (2) to review and evaluate the mission and op20 eration of the International Broadcasting Bureau

21 and to assess the quality, effectiveness and profes22 sional integrity of its programming within the con23 text of the broad foreign policy objectives of the

24 United States;
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1 (3) to review and evaluate, at least annually,

2 the mix of traditional Voice of America program3 ming and surrogate programming and make rec4 ommendations to the President, through the Direc5 tor of the United States Information Agency, re6 garding the addition or deletion of language services;

7 (4) to review engineering activities to ensure

8 that all broadcasting elements receive the highest

9 quality and cost-effective delivery services;

10 (5) to undertake such studies as may be nec11 essary to identify areas in which the operations of

12 the International Broadcasting Bureau could be

13 made more efficient and economical;

14 (6) to submit to the President, through the Di15 rector of the United States Information Agency, an

16 annual report which summarizes the activities of the

17 Board and evaluates the operations of the Inter18 national Broadcasting Bureau;

19 (7) to the extent it deems necessary to carry

20 out the functions under this title, procure supplies,

21 services and other personal property;

22 (8) to appoint such staff personnel for the

23 Board as may be necessary, subject to the provisions

24 of title 5, United States Code, governing appoint25 ments in the competitive service, and to fix their
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1 compensation in accordance with the provisions of

2 chapter 51 and subchapter III of chapter 53 of such

3 title relating to classification and General Schedule

4 pay rates; and

5 (9) to make available for its own use, for offi6 cial reception and representation expenses, such

7 amount as provided for in an annual appropriations

8 which shall not exceed the amount appropriated to

9 the Board for International Broadcasting for such

10 purposes in fiscal year 1993.

11 (b) IMPLEMENTATION.—In carrying out the func12 tions of subsection (a), the Board and the Director of the

13 United States Information Agency shall respect the pro14 fessional independence and integrity of the International

15 Broadcasting Bureau and its broadcasting services.

16 SEC. 305. FOREIGN POLICY GUIDANCE.

17 To assist the Board in carrying out its functions, the

18 Secretary of State shall provide information and guidance

19 on foreign policy issues to the Director of the United

20 States Information Agency. The Director of the United

21 States Information Agency shall provide that guidance to

22 the Board.

23 SEC. 306. INTERNATIONAL BROADCASTING BUREAU.

24 (a) ESTABLISHMENT.—There is hereby established

25 an International Broadcasting Bureau within the United
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1 States Information Agency (hereafter in this title referred

2 to as the ‘‘Bureau’’).

3 (b) ORGANIZATION OF THE BUREAU.—The Bureau,

4 in recognition of and to implement the purposes of this

5 title, shall consist of the following separate elements:

6 (1) The Voice of America.

7 (2) The Office of Surrogate Broadcasting.

8 (3) Such services of the WORLDNET Tele9 vision and Film Service as determined by the Board

10 with the concurrence of the Director of the United

11 States Information Agency.

12 (4) Engineering and Technical Operations.

13 (5) Such other elements as the Director of the

14 International Broadcasting Bureau may from time

15 to time establish with the concurrence of the Direc16 tor of the United States Information Agency and the

17 Board.

18 (c) ORGANIZATION OF THE OFFICE OF SURROGATE

19 BROADCASTING.—The Office of Surrogate Broadcasting

20 shall administer and oversee Radio Free Europe, Radio

21 Liberty, the Office of Cuba Broadcasting (including Radio

22 Marti and TV Marti), and Radio Free Asia, and such

23 other surrogate services as may from time to time be es24 tablished.
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1 (d) SELECTION OF THE DIRECTOR OF THE BU2 REAU.—The Director of the Bureau shall be appointed by

3 the Chairman of the Board, in consultation with the Di4 rector of the United States Information Agency and with

5 the concurrence of a majority of the Board. The Director

6 of the Bureau shall be entitled to receive compensation

7 at the rate now or hereafter prescribed by law for level

8 IV of the Executive Schedule.

9 (e) SEPARATELY IDENTIFIED APPROPRIATION AC10 COUNT.—Funding for the Bureau and the Board shall be

11 provided in a separately identified appropriation account

12 and be authorized as a separate category by the Congress.

13 The Director of the Bureau shall submit proposals on ap14 propriation of broadcasting funds to the Board. The

15 Board will forward its recommendations concerning the

16 proposed budget for the Board and the Bureau to the Di17 rector of the United States Information Agency for his

18 consideration as a part of the Agency’s budget submission

19 to the Office of Management and Budget. The Director

20 of the United States Information Agency shall include in

21 the Agency’s submission to the Office of Management and

22 Budget, the comments and recommendations of the Board

23 concerning the proposed broadcasting budget. Funds ap24 propriated to the Board shall be allocated among the sepa-
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1 rate elements of the International Broadcasting Bureau

2 by the Board.

3 SEC. 307. RADIO FREE ASIA.

4 The Director of the United States Information Agen5 cy is authorized to create and support within the Office

6 of Surrogate Broadcasting of the International Broadcast7 ing Bureau a surrogate broadcasting service to be known

8 as ‘‘Radio Free Asia’’, which shall—

9 (1) provide accurate and timely information,

10 news, commentary about events in the respective

11 countries of Asia and elsewhere to promote the cause

12 of freedom and democracy in those countries of Asia

13 where communications media are not fully developed

14 or free; and

15 (2) be a source of information about develop16 ments in Asia and a forum for a variety of opinions

17 and voices from within Asian nations whose people

18 do not fully enjoy freedom of expression.

19 SEC. 308. TRANSITION.

20 (a) AUTHORIZATION.—(1) The President is author21 ized to direct the transfer of all functions and authorities

22 from the Board for International Broadcasting to the

23 United States Information Agency, the Board, or the Bu24 reau as may be necessary to implement this title.
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1 (2) Not later than 120 days after the date of enact2 ment of this Act, the Director of the United States Infor3 mation Agency and the Chairman of the Board for Inter4 national Broadcasting shall jointly prepare and submit to

5 the President for approval and implementation a plan to

6 accomplish the orderly dissolution of RFE/RL, Inc., on

7 September 30, 1995, the creation of the Office of Radio

8 Free Europe and Radio Liberty within the Office of Surro9 gate Broadcasting of the International Broadcasting Bu10 reau, and the reorganization and consolidation of United

11 States nonmilitary international broadcasting services for

12 the purpose of achieving a more efficient utilization of

13 scarce national resources. The plan shall provide, at a

14 minimum, for the transfer of assets and liabilities, unex15 pended balances of appropriations and other funds, and

16 set forth the maximum number of RFE/RL, Inc., person17 nel to be appointed under the provisions of subsection (b)

18 on September 30, 1995. The President shall transmit cop19 ies of the approved plan, together with any recommenda20 tions for legislative changes that may be necessary, to the

21 appropriate committees of Congress.

22 (b) EXCEPTED SERVICE APPOINTMENT AUTHOR23 ITY.—Notwithstanding the provisions of section 607 of the

24 Treasury, Postal Service, and General Government Appro25 priations Act, 1993 (Public Law 102–393) or any other
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1 Act in effect as of the date of enactment of this Act, or

2 hereafter enacted, barring employment or compensation

3 on the basis of citizenship, the Director of the United

4 States Information Agency shall appoint to the United

5 States Information Agency, the Bureau, or the Board, any

6 personnel of RFE/RL, Inc., not to exceed the number of

7 RFE/RL, Inc., personnel designated in the transition plan

8 provided for in subsection (a)(2), who were permanent em9 ployees as of the date of enactment of this Act and as

10 of September 30, 1995, without regard to the provisions

11 of title 5 of the United States Code governing appoint12 ments in the competitive service, and fix their compensa13 tion without regard to the provisions of chapter 51 and

14 subchapter III of chapter 53 of such title 5, governing

15 classification and General Schedule pay rates. To the ex16 tent permitted by law, compensation, benefits, and person17 nel rules shall be modeled after existing RFE/RL, Inc.,

18 personnel and compensation systems until the employees

19 leave or retire. Nothing in this section shall preclude ter20 mination of such employees for reasons other than the re21 organization and consolidation provided for under this

22 title.

23 (c) NEW APPOINTEES.—The Director of the United

24 States Information Agency may assign personnel for serv25 ice with RFE/RL, Inc., with the concurrence of the presi-
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1 dent of RFE/RL, Inc., between the date of enactment of

2 this title and September 30, 1995. Such assignment shall

3 not affect the rights and benefits of such personnel as em4 ployees of the United States Information Agency.

5 (d) BOARD FOR INTERNATIONAL BROADCASTING

6 PERSONNEL.—All Board for International Broadcasting

7 full-time United States Government personnel (except spe8 cial Government employees) and part-time United States

9 Government personnel holding permanent positions shall

10 be transferred to the United States Information Agency,

11 the Board, or the Bureau. Such transfer shall not cause

12 any such employee to be separated or reduced in grade

13 or compensation.

14 (e) OTHER AUTHORITIES.—The Director of the Unit15 ed States Information Agency is authorized to utilize the

16 provisions of titles VIII and IX of the United States Infor17 mation and Educational Exchange Act of 1948, and any

18 other authority available to the Director on the effective

19 date of this title, to the extent that the Director deems

20 necessary in carrying out the provisions and purposes of

21 this title.

22 (f) REPEAL.—The Board for International Broad23 casting Act of 1973 (22 U.S.C. 2871, et seq.) is repealed

24 effective September 30, 1995, but in no event shall the
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1 Act be repealed before the appointment and confirmation

2 of all members to the Broadcasting Board of Governors.

3 (g) APPROPRIATED FUNDS.—No appropriated funds

4 shall be available for grants to RFE/RL, Inc. after Sep5 tember 30, 1995.

6 (h) SAVINGS PROVISIONS.—

7 (1) CONTINUING EFFECT OF LEGAL DOCU8 MENTS.—All orders, determinations, rules,

9 regulations, permits, agreements, grants, contracts,

10 certificates, licenses, registrations, privileges, and

11 other administrative actions—

12 (A) which have been issued, made, grant13 ed, or allowed to become effective by the Presi14 dent, any Federal agency or official thereof, or

15 by a court of competent jurisdiction, in the per16 formance of functions which are transferred

17 under this title; and

18 (B) which are in effect at the time this

19 title takes effect, or were final before the effec20 tive date of this title and are to become effec21 tive on or after the effective date of this title,

22 shall continue in effect according to their terms until

23 modified, terminated, superseded, set aside, or re24 voked in accordance with law by the President, the

25 Director of the United States Information Agency or
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1 other authorized official, a court of competent juris2 diction, or by operation of law.

3 (2) PROCEEDINGS NOT AFFECTED.—The provi4 sions of this title shall not affect any proceedings

5 pending before the Board for International Broad6 casting at the time this title takes effect, with re7 spect to functions transferred by this title, but such

8 proceedings shall be continued. Orders shall be is9 sued in such proceedings, appeals shall be taken

10 therefrom, and payments shall be made pursuant to

11 such orders, as if this title had not been enacted,

12 and orders issued in any such proceedings shall con13 tinue in effect until modified, terminated, super14 seded, or revoked by a duly authorized official, by a

15 court of competent jurisdiction, or by operation of

16 law. Nothing in this subsection shall be deemed to

17 prohibit the discontinuance or modification of any

18 such proceeding under the same terms and condi19 tions and to the same extent that such proceeding

20 could have been discontinued or modified if this title

21 had not been enacted.

22 (3) SUITS NOT AFFECTED.—The provisions of

23 this title shall not affect suits commenced before the

24 effective date of this title, and in all such suits, pro25 ceedings shall be had, appeals taken, and judgments
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1 rendered in the same manner and with the same ef2 fect as if this title had not been enacted.

3 (4) NONABATEMENT OF ACTIONS.—No suit, ac4 tion, or other proceeding commenced by or against

5 the Board for International Broadcasting or by or

6 against any individual in the official capacity of such

7 individual as an officer of the Board for Inter8 national Broadcasting shall abate by reason of the

9 enactment of this title.

10 (5) ADMINISTRATIVE ACTIONS RELATING TO

11 PROMULGATION OF REGULATIONS.—Any administra12 tive action relating to the preparation or promulga13 tion of a regulation by the Board for International

14 Broadcasting relating to a function transferred

15 under this title may be continued by the United

16 States Information Agency with the same effect as

17 if this title had not been enacted.

18 (6) REFERENCES.—A reference in any provi19 sion of law, reorganization plan, or other authority

20 to the Associate Director for Broadcasting of the

21 United States Information Agency shall be consid22 ered to be a reference to the Director of the Inter23 national Broadcasting Bureau of the United States

24 Information Agency.
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1 (7) EFFECT ON OTHER LAWS.—The provisions

2 of, and authorities contained in or transferred pur3 suant to, this title are not intended to repeal, limit,

4 or otherwise derogate from the authorities or func5 tions of or available to the Director of the United

6 States Information Agency or the Secretary of State

7 under law, reorganization plan, or otherwise, unless

8 such provision hereof—

9 (A) specifically refers to the provision of

10 law or authority existing on the effective date of

11 this title, so affected; or

12 (B) is in direct conflict with such law or

13 authority existing on the effective date of this

14 title.

15 SEC. 309. PRESERVATION OF AMERICAN JOBS.

16 It is the sense of the Congress that the Director of

17 the United States Information Agency and the Chairman

18 of the Board for International Broadcasting should, in de19 veloping the plan for consolidation and reorganization of

20 overseas international broadcasting services, limit, to the

21 maximum extent feasible, consistent with the purposes of

22 the consolidation, elimination of any United States-based

23 positions and should affirmatively seek to transfer as

24 many positions as possible to the United States.
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1 TITLE IV—COMMISSION ON PRO2 TECTING AND REDUCING

3 GOVERNMENT SECRECY

4 SEC. 401. SHORT TITLE.

5 This title may be cited as the ‘‘Protection and Reduc6 tion of Government Secrecy Act’’.

7 SEC. 402. PURPOSE.

8 It is the purpose of this title to establish for a two

9 year period a Commission on Protecting and Reducing

10 Government Secrecy which will examine the implications

11 of the extensive classification of information and to make

12 recommendations to reduce the volume of information

13 classified and to thereby strengthen the protection of le14 gitimately classified information.

15 SEC. 403. FINDINGS.

16 The Congress makes the following findings:

17 (1) During the Cold War an extensive secrecy

18 system developed which limited the public’s access to

19 information and reduced the ability of the public to

20 participate with full knowledge in the process of gov21 ernmental decision-making;

22 (2) In 1992 alone 6,349,532 documents were

23 classified and approximately three million persons

24 held some form of security clearance;
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1 (3) The burden of managing more than 6 mil2 lion newly classified documents every year has led to

3 tremendous administrative expense, reduced commu4 nication within the government and within the sci5 entific community, reduced communication between

6 the government and the people of the United States,

7 and the selective and unauthorized public disclosure

8 of classified information;

9 (4) It has been estimated that private indus10 tries spend over $14 billion per year implementing

11 government mandated regulations for protecting

12 classified information;

13 (5) If a smaller amount of truly sensitive infor14 mation was classified the information could be held

15 more securely;

16 (6) In 1970 a Task Force organized by the De17 fense Science Board and headed by Dr. Frederick

18 Seitz concluded that ‘‘more might be gained than

19 lost if our Nation were to adopt—unilaterally, if nec20 essary—a policy of complete openness in all areas of

21 information;’’ and

22 (7) A bipartisan study commission specially

23 constituted for the purpose of examining the con24 sequences of the secrecy system will be able to offer

25 comprehensive proposals for reform.
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1 SEC. 404. FUNCTIONS OF THE COMMISSION.

2 The functions of the Commission shall be—

3 (1) to conduct, for not more than a period of

4 2 years, an investigation into all matters in any way

5 related to any legislation, executive order, regulation,

6 practice, or procedure relating to the access to or

7 the classification of information or involving security

8 clearances; and

9 (2) to make such recommendations concerning

10 the classification of national security information as

11 the Commission shall deem necessary, including pro12 posing new legislation.

13 SEC. 405. COMPOSITION OF THE COMMISSION.

14 (a) ESTABLISHMENT.—To carry out the purposes of

15 this title, there is established a Commission on Protecting

16 and Reducing Government Secrecy (in this title referred

17 to as the ‘‘Commission’’).

18 (b) COMPOSITION.—The Commission shall be com19 posed of twelve members, as follows:

20 (1) Four members appointed by the President,

21 two from the executive branch of the Government

22 and two from private life.

23 (2) Four members appointed by the President

24 of the Senate, two from Members of the Senate (one

25 from each of the two major political parties) and two

26 from private life.
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1 (3) Four members appointed by the Speaker of

2 the House of Representatives, two from Members of

3 the House of Representatives (one from each of the

4 two major political parties) and two from private

5 life.

6 (c) CHAIRMAN AND VICE CHAIRMAN.—The Commis7 sion shall elect a Chairman and a Vice Chairman from

8 among its members.

9 (d) QUORUM; VACANCIES.—Seven members of the

10 Commission shall constitute a quorum. Any vacancy in the

11 Commission shall not affect its powers, but shall be filled

12 in the same manner in which the original appointment was

13 made.

14 (e) COMPENSATION AND TRAVEL EXPENSES.—(1)

15 Except as provided in paragraph (2), each member of the

16 Commission may be compensated at not to exceed the

17 daily equivalent of the annual rate of basic pay in effect

18 for a position at level IV of the Executive Schedule under

19 section 5315 of title 5, United States Code, for each day

20 during which that member is engaged in the actual per21 formance of the duties of the Commission.

22 (2) Members of the Commission who are full-time of23 ficers or employees of the United States or Members of

24 Congress shall receive no additional pay on account of

25 their service on the Commission.
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1 (3) While away from their homes or regular places

2 of business in the performance of services for the Commis3 sion, members of the Commission shall be allowed travel

4 expenses, including per diem in lieu of subsistence, in the

5 same manner as persons employed intermittently in the

6 Government service are allowed expenses under section

7 5703(b) of title 5, United States Code.

8 SEC. 406. POWERS OF THE COMMISSION.

9 (a) IN GENERAL.—The Commission or, on the au10 thorization of the Commission, any subcommittee or mem11 ber thereof, may, for the purpose of carrying out the provi12 sions of this title, hold such hearings and sit and act at

13 such times and places, administer such oaths, and require,

14 by subpena or otherwise, the attendance and testimony of

15 such witnesses and the production of such books, records,

16 correspondence, memoranda, papers, and documents as

17 the Commission or such subcommittee or member may

18 deem advisable. Subpenas may be issued under the signa19 ture of the Chairman of the Commission, of any such sub20 committee, or any designated member, and may be served

21 by any person designated by such Chairman or member.

22 The provisions of sections 102 through 104 of the Revised

23 Statutes of the United States (2 U.S.C. 192–194) shall

24 apply in the case of any failure of any witness to comply
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1 with any subpena or to testify when summoned under au2 thority of this section.

3 (b) COOPERATION WITH OTHER AGENCIES.—The

4 Commission is authorized to secure directly from any exec5 utive department, bureau, agency, board, commission, of6 fice, independent establishment, or instrumentality of the

7 Government information, suggestions, estimates, and sta8 tistics for the purposes of this title. Each such depart9 ment, bureau, agency, board, commission, office, establish10 ment, or instrumentality shall, to the extent authorized by

11 law, furnish such information, suggestions, estimates, and

12 statistics directly to the Commission, upon request made

13 by the Chairman or Vice Chairman.

14 SEC. 407. STAFF OF THE COMMISSION.

15 (a) IN GENERAL.—The Commission shall have power

16 to appoint and fix the compensation of such personnel as

17 it deems advisable, without regard to the provisions of title

18 5, United States Code, governing appointments in the

19 competitive service, and without regard to the provisions

20 of chapter 51 and subchapter III of chapter 53 of such

21 title relating to classification and General Schedule pay

22 rates.

23 (b) CONSULTANT SERVICES.—The Commission is au24 thorized to procure the services of experts and consultants

25 in accordance with section 3109 of title 5, United States
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1 Code, but at rates not to exceed the daily rate paid a per2 son occupying a position at level IV of the Executive

3 Schedule under section 5315 of title 5, United States

4 Code.

5 SEC. 408. FINAL REPORT OF COMMISSION; TERMINATION.

6 (a) FINAL REPORT.—Not later than two years after

7 the date of enactment of this title, the Commission shall

8 submit to the President and to the Congress its final re9 port and recommendations.

10 (b) TERMINATION.—The Commission, and all the au11 thorities of this title, shall terminate two years after the

12 date of enactment of this Act, or upon the submission of

13 the final report and recommendations in accordance with

14 subsection (a), whichever comes first.

15 TITLE V—SPOILS OF WAR ACT

16 OF 1993

17 SEC. 501. SHORT TITLE.

18 This title may be cited as the ‘‘Spoils of War Act

19 of 1993’’.

20 SEC. 502. TRANSFERS OF SPOILS OF WAR.

21 (a) ELIGIBILITY FOR TRANSFER.—Spoils of war in

22 the possession, custody, or control of the United States

23 may be transferred to any other party, including any gov24 ernment, group, or person, by sale, grant, loan or in any

25 other manner, only to the extent and in the same manner
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1 that property of the same type, if otherwise owned by the

2 United States, may be so transferred.

3 (b) TERMS AND CONDITIONS.—Any transfer pursu4 ant to subsection (a) shall be subject to all of the terms,

5 conditions, and requirements applicable to the transfer of

6 property of the same type otherwise owned by the United

7 States.

8 SEC. 503. PROHIBITION ON TRANSFERS TO COUNTRIES

9 WHICH SUPPORT TERRORISM.

10 Spoils of war in the possession, custody, or control

11 of the United States may not be transferred to any coun12 try determined by the Secretary of State, for purposes of

13 section 40 of the Arms Export Control Act, to be a nation

14 whose government has repeatedly provided support for

15 acts of international terrorism.

16 SEC. 504. REPORT ON PREVIOUS TRANSFERS.

17 Not later than 90 days after the date of enactment

18 of this Act, the President shall submit to the appropriate

19 congressional committees a report describing any spoils of

20 war obtained subsequent to August 2, 1990 that were

21 transferred to any party, including any government,

22 group, or person, before the date of enactment of this Act.

23 Such report shall be submitted in unclassified form to the

24 extent possible.
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1 SEC. 505. DEFINITIONS.

2 As used in this title—

3 (1) the term ‘‘appropriate congressional com4 mittees’’ means the Committee on Foreign Relations

5 of the Senate and the Committee on Foreign Affairs

6 of the House of Representatives, or, where required

7 by law for certain reporting purposes, the Select

8 Committee on Intelligence of the Senate and the Se9 lect Committee on Intelligence of the House of Rep10 resentatives;

11 (2) the term ‘‘enemy’’ means any country, gov12 ernment, group, or person that has been engaged in

13 hostilities, whether or not lawfully authorized, with

14 the United States;

15 (3) the term ‘‘person’’ means—

16 (A) any natural person;

17 (B) any corporation, partnership, or other

18 legal entity; and

19 (C) any organization, association, or

20 group; and

21 (4) the term ‘‘spoils of war’’ means enemy mov22 able property lawfully captured, seized, confiscated,

23 or found which has become United States property

24 in accordance with the laws of war.

25 SEC. 506. CONSTRUCTION.

26 Nothing in this title shall apply to—
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1 (1) the abandonment or failure to take posses2 sion of spoils of war by troops in the field for valid

3 military reasons related to the conduct of the imme4 diate conflict, including the burden of transporting

5 such property or a decision to allow allied forces to

6 take immediate possession of certain property solely

7 for use during an ongoing conflict;

8 (2) the abandonment or return of any property

9 obtained, borrowed, or requisitioned for temporary

10 use during military operations without intent to re11 tain possession of such property;

12 (3) the destruction of spoils of war by troops in

13 the field;

14 (4) the return of spoils of war to previous own15 ers from whom such property had been seized by

16 enemy forces; or

17 (5) minor articles of personal property which

18 have lawfully become the property of individual

19 members of the armed forces as war trophies pursu20 ant to public written authorization from the Depart21 ment of Defense.
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1 TITLE VI—THE KHMER ROUGE

2 PROSECUTION AND EXCLU3 SION ACT

4 SEC. 601. SHORT TITLE.

5 This title may be cited as the ‘‘Khmer Rouge Pros6 ecution and Exclusion Act’’.

7 SEC. 602. POLICY.

8 The Congress urges the President—

9 (1) promptly and actively to assist appropriate

10 organizations to collect relevant data on crimes

11 against humanity committed by the Khmer Rouge in

12 Cambodia between April 17, 1975 and January 7,

13 1979;

14 (2) to carry out paragraph (1) consistent with

15 the Agreement on a Comprehensive Political Settle16 ment of the Cambodia Conflict, signed at Paris on

17 October 23, 1991; and

18 (3) to promote vigorously the establishment of

19 a national or international criminal tribunal for the

20 prosecution of those accused of genocide in Cam21 bodia.

22 SEC. 603. ESTABLISHMENT OF STATE DEPARTMENT OF23 FICE.

24 (a) ESTABLISHMENT.—(1) There is established with25 in the Department of State the Office of Cambodian Geno-
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1 cide Investigation (hereafter in this Act referred to as the

2 ‘‘Office’’).

3 (2) The Office shall carry out its operations solely

4 within Cambodia.

5 (3) The Secretary of State shall designate an officer

6 or employee of the Department of State to serve as Direc7 tor of the Office.

8 (b) ADMINISTRATION.—(1) The Assistant Secretary

9 of State for East Asian and Pacific Affairs (or any succes10 sor Assistant Secretary) shall administer the Office.

11 (2) The Secretary of State shall make available to

12 the Office such personnel and office space in Cambodia

13 as the Office may require.

14 (c) PURPOSE.—The purpose of the Office shall be—

15 (1) to investigate crimes against humanity com16 mitted by national Khmer Rouge leaders in the pe17 riod beginning on April 17, 1975 and ending Janu18 ary 7, 1979;

19 (2) to provide the people of Cambodia with ac20 cess to documents, records, and other evidence held

21 by the Office as a result of such investigation;

22 (3) to submit the relevant data to a national or

23 international penal tribunal that may be convened to

24 formally hear and judge the genocidal acts commit25 ted by the Khmer Rouge; and
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1 (4) to develop the United States proposal for

2 the establishment of an international criminal tribu3 nal for the prosecution of those accused of genocide

4 in Cambodia.

5 SEC. 604. REPORTING REQUIREMENT.

6 (a) IN GENERAL.—Beginning 6 months after the

7 date of enactment of this Act, and every 6 months there8 after, the President shall submit a report to the appro9 priate congressional committees—

10 (1) that describes the activities of the Office,

11 and sets forth new facts learned about past Khmer

12 Rouge practices, during the preceding 6-month pe13 riod; and

14 (2) that describes the steps the President has

15 taken during the preceding 6-month period to pro16 mote human rights, to support efforts to bring to

17 justice the national political and military leadership

18 of the Khmer Rouge, and to prevent the recurrence

19 of human rights abuses in Cambodia through ac20 tions—

21 (A) which are not related to United Na22 tions activities in Cambodia; and

23 (B) which are consistent with Article 15 of

24 the Agreement on a Comprehensive Political
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1 Settlement of the Cambodia Conflict, signed at

2 Paris on October 23, 1991.

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

4 term ‘‘appropriate congressional committees’’ means the

5 Committee on Foreign Relations of the Senate and the

6 Committee on Foreign Affairs of the House of Representa7 tives.

8 SEC. 605. EXCLUSION FROM THE UNITED STATES.

9 (a) AMENDMENT TO THE IMMIGRATION AND NA10 TIONALITY ACT.—Section 212(a) of the Immigration and

11 Nationality Act (8 U.S.C. 1182(a)) is amended by adding

12 at the end thereof the following new paragraph:

13 ‘‘(10)(A) Any alien, who, at any time during

14 the period beginning on April 17, 1975, and ending

15 on January 7, 1979, was a member of the national

16 military or political leadership of the Khmer Rouge,

17 is excluded.

18 ‘‘(B) For purposes of this paragraph, the na19 tional military and political leadership of the Khmer

20 Rouge includes, but is not limited to, the following

21 persons: Pol Pot, Khieu Samphan, Son Sen, Ieng

22 Sary, Nuon Chea, Ke Pauk, Mok, Ieng Thirith, and

23 Yun Yat.’’.

24 (b) POLICY REGARDING ADMISSION TO FOREIGN

25 COUNTRIES.—The Congress urges the President to en-
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1 courage foreign governments similarly to exclude from

2 their countries former and present Khmer Rouge leaders

3 described in section 212(a)(10) of the Immigration and

4 Nationality Act.

5 TITLE VII—MISCELLANEOUS

6 SEC. 701. PEACE CORPS.

7 There are authorized to be appropriated

8 $219,745,000 for the fiscal year 1994 and $219,745,000

9 for the fiscal year 1995 to carry out the Peace Corps Act.

10 SEC. 702. REPORTING REQUIREMENTS ON OCCUPIED

11 TIBET.

12 (a) REPORT ON UNITED STATES-TIBET RELA13 TIONS.—Because Congress has determined that Tibet is

14 an occupied sovereign country under international law and

15 that its true representatives are the Dalai Lama and the

16 Tibetan Government-in-Exile:

17 (1) it is the sense of the Congress that the

18 United States should seek to establish a dialog with

19 the Dalai Lama and the Tibetan Government-in20 Exile concerning the situation in Tibet and the fu21 ture of the Tibetan people and to expand and

22 strengthen United States-Tibet cultural and edu23 cational relations, including promoting bilateral ex24 changes arranged directly with the Tibetan Govern25 ment-in-Exile; and
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1 (2) not later than 6 months after the date of

2 enactment of this Act, and every 12 months there3 after, the Secretary of State shall transmit to the

4 Chairman of the Committee on Foreign Relations

5 and the Speaker of the House of Representatives a

6 report on the state of United States-Tibetan Govern7 ment-in-Exile relations and on conditions in Tibet.

8 (b) SEPARATE TIBET REPORTS.—(1) Whenever a re9 port is transmitted to the Congress on a country-by-coun10 try basis there shall be included in such report, where ap11 plicable, a separate report on Tibet listed alphabetically

12 with its own state heading.

13 (2) The reports referred to in paragraph (1) include,

14 but are not limited to, reports transmitted under sections

15 116(d) and 502B(b) of the Foreign Assistance Act of

16 1961 (relating to human rights).

17 SEC. 703. POLICY ON MIDDLE EAST ARMS SALES.

18 (a) BOYCOTT OF ISRAEL.—Section 322 of the For19 eign Relations Authorization Act, Fiscal Years 1992 and

20 1993 (Public Law 102–138) is amended—

21 (1) in paragraph (2), by striking ‘‘and’’ at the

22 end; and

23 (2) in paragraph (3)—

24 (A) by striking ‘‘and’’ at the end of sub25 paragraph (A);
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1 (B) by striking the period at the end of

2 subparagraph (B) and inserting ‘‘; and’’; and

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

4 subparagraph:

5 ‘‘(C) does not participate in the Arab

6 League primary or secondary boycott of Is7 rael.’’.

8 (b) REPORT TO CONGRESS.—Not later than 180 days

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

10 of State shall submit to the Speaker of the House of Rep11 resentatives and the Chairman of the Committee on For12 eign Relations of the Senate a report concerning steps

13 taken to ensure that the goals of section 322 of the For14 eign Relations Authorization Act, Fiscal Years 1992 and

15 1993 (Public Law 102–138) are being met.

16 SEC. 704. TECHNICAL AMENDMENTS TO CAPTIVE NATIONS

17 RESOLUTION.

18 The joint resolution entitled ‘‘Joint resolution provid19 ing for the designation of the third week of July as ‘Cap20 tive Nations Week’ ’’, approved July 17, 1959 (Public Law

21 86–90; 73 Stat. 212), is amended in the preamble—

22 (1) in the third whereas clause, by striking ‘‘a

23 substantial part of the world’s population by Com24 munist imperialism’’ and inserting ‘‘part of the
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1 world’s population by Communist and authoritarian

2 regimes’’;

3 (2) in the fourth whereas clause, by striking

4 ‘‘since 1918 the imperialistic and aggressive policies

5 of Russian communism have resulted in the creation

6 of a vast empire which poses’’ and inserting ‘‘the ag7 gressive policies of Soviet communism resulted in the

8 creation of a vast empire which posed’’;

9 (3) striking the fifth whereas clause and insert10 ing in lieu thereof the following whereas clauses:

‘‘Whereas the policies of successive Soviet governments

led, through direct and indirect aggression, to the

subjugation of numerous countries and millions of

people; and

‘‘Whereas the United States supports the nations formerly subjugated by the Soviet Union and demonstrates its commitment to continued freedom and

independence for these nations through strong bilateral diplomatic, economic, and cultural ties; and

‘‘Whereas millions of people who suffered under Communist rule in the countries of Eastern Europe and

the former Soviet Union are now free; and’’;

11 (4) in the eighth whereas clause (as the pre12 amble was amended by paragraph (3)), by striking

13 ‘‘these’’; and

14 (5) by amending the resolving clause to read as

15 follows: ‘‘That the President of the United States is
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1 authorized and requested to issue a proclamation

2 designating the third week in July of each year as

3 ‘Captive Nations Week’, and inviting the people of

4 the United States to observe such week with appro5 priate ceremonies and activities, until such time as

6 freedom and independence shall have been achieved

7 for all the captive nations of the world.’’.

8 SEC. 705. PROVIDING MATERIAL SUPPORT TO TERRORISTS.

9 (a) OFFENSE.—Chapter 113A of title 18, United

10 States Code, is amended by adding at the end the follow11 ing new section:

12 ‘‘SEC. 2339. PROVIDING MATERIAL SUPPORT TO TERROR13 ISTS.

14 ‘‘Whoever, within the United States, provides mate15 rial support or resources or conceals or disguises the na16 ture, location, source, or ownership of material support or

17 resources, knowing or intending that they are to be used

18 in preparation for, or in carrying out, a violation of section

19 32, 36, 351, 844 (f) or (i), 1114, 1116, 1203, 1361, 1363,

20 1751, 2280, 2281, 2332, or 2339A of this title or section

21 902(i) of the Federal Aviation Act of 1958 (49 U.S.C.

22 App. 1472(i)), or in preparation for, or carrying out, the

23 concealment or an escape from the commission of any of

24 the foregoing, shall be fined under this title, imprisoned

25 not more than 10 years, or both. For purposes of this
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1 section, the term ‘material support or resources’ includes

2 currency or other financial securities, financial services,

3 lodging, training, safehouses, false documentation or iden4 tification, communications equipment, facilities, weapons,

5 lethal substances, explosives, personnel, transportation,

6 and other physical assets, but does not include humani7 tarian assistance to persons not directly involved in such

8 violations.’’.

9 (b) TECHNICAL AMENDMENT.—The chapter analysis

10 for chapter 113A of title 18, United States Code, as

11 amended by section 601(b)(1), is amended by adding at

12 the end the following new item:

‘‘2339. Providing material support to terrorists.’’.

13 SEC. 706. TORTURE CONVENTION IMPLEMENTATION.

14 (a) IN GENERAL.—Part I of title 18, United States

15 Code, is amended by inserting after chapter 113A the fol16 lowing new chapter:

‘‘CHAPTER 113B—TORTURE

‘‘Sec.

‘‘2340. Definitions.

‘‘2340A. Torture.

‘‘2340B. Exclusive remedies.

17 ‘‘SEC. 2340. DEFINITIONS.

18 ‘‘As used in this chapter—

19 ‘‘(1) ‘torture’ means an act committed by a per20 son acting under the color of law specifically in21 tended to inflict severe physical or mental pain or

22 suffering (other than pain or suffering incidental to
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1 lawful sanctions) upon another person with custody

2 or physical control;

3 ‘‘(2) ‘severe mental pain or suffering’ means

4 the prolonged mental harm caused by or resulting

5 from—

6 ‘‘(A) the intentional infliction or threat7 ened infliction of severe physical pain or suffer8 ing;

9 ‘‘(B) the administration or application, or

10 threatened administration or application, of

11 mind-altering substances or other procedures

12 calculated to disrupt profoundly the senses or

13 the personality;

14 ‘‘(C) the threat of imminent death; or

15 ‘‘(D) the threat that another person will

16 imminently be subjected to death, severe phys17 ical pain or suffering, or the administration or

18 application of mind-altering substances or other

19 procedures calculated to disrupt profoundly the

20 senses or personality; and

21 ‘‘(3) ‘United States’ includes all areas under

22 the jurisdiction of the United States including any

23 of the places described in sections 5 and 7 of this

24 title and section 101(38) of the Federal Aviation Act

25 of 1958 (49 U.S.C. App. 1301(38)).
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1 ‘‘SEC. 2340A. TORTURE.

2 ‘‘(a) OFFENSE.—Whoever outside the United States

3 commits or attempts to commit torture shall be fined

4 under this title or imprisoned not more than 20 years, or

5 both, and if death results to any person from conduct pro6 hibited by this subsection, shall be imprisoned for any

7 term of years or for life.

8 ‘‘(b) JURISDICTION.—There is jurisdiction over the

9 activity prohibited in subsection (a) if—

10 ‘‘(1) the alleged offender is a national of the

11 United States; or

12 ‘‘(2) the alleged offender is present in the Unit13 ed States, irrespective of the nationality of the vic14 tim or alleged offender.

15 ‘‘SEC. 2340B. EXCLUSIVE REMEDIES.

16 ‘‘Nothing in this chapter shall be construed as pre17 cluding the application of State or local laws on the same

18 subject, nor shall anything in this chapter be construed

19 as creating any substantive or procedural right enforceable

20 by law by any party in any civil proceeding.’’.

21 (b) TECHNICAL AMENDMENT.—The part analysis for

22 part I of title 18, United States Code, is amended by in23 serting after the item relating to chapter 113A the follow24 ing new item:

‘‘113B. Torture ..................................................................................... 2340.’’.
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1 (c) EFFECTIVE DATE.—The amendments made by

2 this section shall take effect on the later of—

3 (1) the date of enactment of this Act; or

4 (2) the date on which the United States has be5 come a party to the Convention Against Torture and

6 Other Cruel, Inhuman or Degrading Treatment or

7 Punishment.

8 SEC. 707. APPLICABILITY OF TAIWAN RELATIONS ACT.

9 Section 3 of the Taiwan Relations Act (22 U.S.C.

10 3301) is amended by adding at the end the following new

11 subsection:

12 ‘‘(d) The provisions of subsections (a) and (b) of this

13 section shall supersede any provision of the August 17,

14 1982, Joint United States-China Communique related to

15 these matters and regulations, directives, and policies

16 based thereon.’’.

17 SEC. 708. REPORTS ON RELATIONS WITH TAIWAN.

18 Section 12 of the Taiwan Relations Act (22 U.S.C.

19 3311(d)) is amended by adding at the end the following

20 new subsection:

21 ‘‘(d) Beginning February 1, 1994, and on February

22 1 of each year thereafter, the Secretary of State shall

23 transmit to the Speaker of the House of Representatives

24 and the Committee on Foreign Relations of the Senate
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1 a report describing and reviewing economic relations be2 tween the United States and Taiwan.’’.

3 SEC. 709. UNITED STATES POLICY CONCERNING IRAQI

4 KURDISTAN.

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

6 (1) the international community, pursuant to

7 United Nations Security Council Resolution 688,

8 and with the continuation of Operation Provide

9 Comfort, supports the protection of Iraqi’s Kurdish

10 and other ethnic and religious minorities;

11 (2) notwithstanding the international commu12 nity’s resolve, certain areas of Iraqi Kurdistan re13 main at risk of an Iraqi invasion;

14 (3) despite the threat of an Iraqi invasion, the

15 Kurds, along with other minority ethnic and reli16 gious groups, have initiated a drive toward self-suffi17 ciency, including—

18 (A) holding free and fair democratic elec19 tions to establish a parliament, which supports

20 Iraq’s territorial integrity and the transition to

21 a unified, democratic Iraq;

22 (B) planning for and administering public

23 services;

24 (C) reconstructing and rehabilitating the

25 basic infrastructure of Iraqi Kurdistan; and
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1 (D) establishing unified police and security

2 forces;

3 (4) despite the provision of substantial inter4 national humanitarian assistance, and despite the

5 fact that the United Nations blockade on Iraq con6 tains exceptions for humanitarian-related items, the

7 inhabitants of Iraqi Kurdistan still face difficulties

8 because of an internal Iraqi government blockade;

9 and

10 (5) the Kurds and other ethnic and religious

11 minorities, with appropriate additional support,

12 would have the ability to meet their goal of self-suf13 ficiency and move beyond the need for international

14 assistance.

15 (b) POLICY.—It is the sense of the Congress that the

16 President should—

17 (1) take steps to encourage the United Nations

18 Security Council—

19 (A) to reaffirm support for the protection

20 of all Iraqi Kurdish and other minorities in

21 Iraqi Kurdistan pursuant to Security Council

22 Resolution 688; and

23 (B) to consider lifting selectively the Unit24 ed Nations embargo on the areas under the ad25 ministration of the democratically elected lead-
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1 ership of Iraqi Kurdistan, subject to the verifi2 able conditions that—

3 (i) the inhabitants of such areas do

4 not conduct trade with the Iraqi regime;

5 and

6 (ii) the partial lifting of the embargo

7 will not materially assist the Iraqi regime;

8 (2) continue to advocate the transition to a uni9 fied, democratic Iraq;

10 (3) take steps to design a multilateral assist11 ance program for the people of Iraqi Kurdistan that

12 supports their efforts to attain self-sufficiency

13 through the provision of—

14 (A) financial and technical assistance

15 through the democratically elected Kurdish ad16 ministration to enable the exploitation of natu17 ral resources such as oil; and

18 (B) financial assistance to support the le19 gitimate self-defense and security needs of the

20 people of Iraqi Kurdistan; and

21 (4) take steps to intensify discussions with the

22 Government of Turkey, whose support and coopera23 tion in the protection of the people of Iraqi

24 Kurdistan is critical, to ensure that the stability of
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1 both Turkey and the entire region is enhanced by

2 the measures taken under this section.

3 SEC. 710. ADDITIONAL SANCTIONS AGAINST NORTH KOREA.

4 (a) IN GENERAL.—Notwithstanding any other provi5 sion of law, no license, instruction, rule, regulation, or

6 order issued under section 5 of the Trading With the

7 Enemy Act of 1917 (50 U.S.C. App. 5) may—

8 (1) authorize any transaction involving the com9 mercial sale of any good or technology to North

10 Korea; or

11 (2) authorize any transaction involving the pro12 vision of services for travel to North Korea which

13 was not otherwise authorized as of January 2, 1989.

14 (b) WAIVER.—The President may waive the applica15 tion of subsection (a) if the President determines that—

16 (1) North Korea continues to maintain its sta17 tus as a party to the Treaty on Non-Proliferation of

18 Nuclear Weapons, done on July 1, 1968; and

19 (2) North Korea is in full compliance with its

20 obligations under the Treaty.
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1 SEC. 711. WAIVER OF SANCTIONS WITH RESPECT TO THE

2 REPUBLIC OF SERBIA AND THE REPUBLIC OF

3 MONTENEGRO TO PROMOTE DEMOCRACY

4 ABROAD.

5 (a) AUTHORITY.—Notwithstanding any other provi6 sion of law, the President is authorized and encouraged

7 to exempt from sanctions imposed against the Republic

8 of Serbia and the Republic of Montenegro those United

9 States-supported programs, projects, or activities involv10 ing reform of the electoral process, or the development of

11 democratic institutions or democratic political parties, in

12 these two countries.

13 (b) POLICY.—The President, acting through the

14 United States Permanent Representative to the United

15 Nations, should propose that any action, past or future,

16 by the Security Council pursuant to Article 41 of the Unit17 ed Nations Charter, with respect to the Republic of Serbia

18 or the Republic of Montenegro, should take account of the

19 exemption described in subsection (a).

20 SEC. 712. CLAIMS BASED ON LETTERS OF CREDIT FOR

21 GOODS SHIPPED BUT NOT PAID FOR BEFORE

22 IMPOSITION OF NATIONAL EMERGENCY.

23 Title I of the International Claims Settlement Act of

24 1949 (22 U.S.C. 1621 et seq.) is amended by adding at

25 the end the following new section:
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1 ‘‘SEC. 10. Notwithstanding any other provision of

2 law, funds on deposit in United States banks that have

3 been blocked under the International Emergency Eco4 nomic Powers Act in accounts of foreign banks that issued

5 or confirmed letters of credit for the benefit of United

6 States nationals may be released to pay such letters of

7 credit if the United States beneficiaries lawfully shipped

8 goods or otherwise performed underlying contractual obli9 gations based on such letters of credit before the declara10 tion of a national emergency pursuant to that Act.’’.

11 SEC. 713. ENFORCEMENT OF NONPROLIFERATION TREA12 TIES.

13 (a) POLICY.—It is the sense of the Congress that the

14 President should instruct the United States Permanent

15 Representative to the United Nations to enhance the role

16 of that institution in the enforcement of nonproliferation

17 treaties through the passage of a United Nations Security

18 Council resolution which would state that, any non-nuclear

19 weapon state that is found by the United Nations Security

20 Council, in consultation with the International Atomic En21 ergy Agency (IAEA), to have terminated, abrogated, or

22 materially violated an IAEA full-scope safeguards agree23 ment would be subjected to international economic sanc24 tions, the scope of which to be determined by the United

25 Nations Security Council.
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1 (b) PROHIBITION.—Notwithstanding any other provi2 sion of law, no United States assistance, under the For3 eign Assistance Act of 1961 shall be provided to any non4 nuclear weapon state that is found by the President to

5 have terminated, abrogated, or materially violated an

6 IAEA full-scope safeguard agreement.