May 17, 1995 CONGRESSIONAL RECORD — HOUSE H 5191

H.R. 1118: Mr. KINGSTON.

H.R. 1119: Mr. CALVERT, Mr. CAMP, and Mrs.

MORELLA.

H.R. 1138: Mr. NEAL of Massachusetts and

Mr. ENGLISH of Pennsylvania.

H.R. 1229: Ms. ESHOO and Ms. LOWEY.

H.R. 1242: Mr. SHADEGG, Mr. HOKE, Mr. JEFFERSON, and Mr. CRAMER.

H.R. 1272: Ms. LOWEY and Mr. MARTINEZ.

H.R. 1299: Mrs. JOHNSON of Connecticut,

Mr. KLECZKA, and Mr. MORAN.

H.R. 1352: Mr. HASTINGS of Washington, Mr.

FOLEY, Mr. GORDON, Mr. TAYLOR of North

Carolina, Mr. EHLERS, Mr. CASTLE, Mr.

UPTON, Mr. CHRYSLER, Ms. KAPTUR, Mr. SISISKY, Mr. NORWOOD, Mr. MCDADE, Mr. WOLF,

Ms. PRYCE, Mr. JACOBS, and Mr. HAYES.

H.R. 1385: Mr. FILNER.

H.R. 1448: Mr. PETE GEREN of Texas and

Mr. MORAN.

H.R. 1540: Mr. HUNTER, Mr. ACKERMAN, Mrs.

COLLINS of Illinois, Mrs. MYRICK, Mr. LIPINSKI, Mr. WOLF, Mr. WALSH, and Mr. HOLDEN.

H.R. 1542: Mr. WELLER, Mr. COSTELLO, Mr.

POSHARD, and Mr. EVANS.

H.R. 1560: Mr. MARTINEZ and Mr. VISCLOSKY.

H.R. 1578: Mr. HASTINGS of Florida.

H.R. 1594: Mr. LINDER, Mr. ZIMMER, Mr.

SHADEGG, Mr. WELDON of Pennsylvania, Mr.

ARCHER, Mr. HAYWORTH, and Mr. HANCOCK.

H.R. 1627: Mr. HAYES and Mr. PETERSON of

Minnesota.

H. Con. Res. 8: Mr. SAXTON.

H. Con. Res. 12: Ms. DUNN of Washington.

H. Con. Res. 63: Ms. DUNN of Washington

and Mr. WELDON of Pennsylvania.

H. Con. Res. 66: Mr. HANCOCK, Mr. FORBES,

Mr. CRANE, Mr. FUNDERBURK, Mr. FAWELL,

Mr. NORWOOD, and Mr. B

fURR.

DELETIONS OF SPONSORS FROM

PUBLIC BILLS AND RESOLUTIONS

Under clause 4 of rule XXII, sponsors

were deleted from public bills and resolutions as follows:

H. Con. Res. 32: Mr. M

fCNULTY.

AMENDMENTS

Under clause 6 of rule XXIII, proposed amendments were submitted as

follows:

H.R. 1561

OFFERED BY: MR. GILMAN

(Committee Amendment in the Nature of a

Substitute)

AMENDMENT NO. 1: Strike all after the enacting clause and insert the following:

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘‘American

Overseas Interests Act of 1995’’.

SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS;

TABLE OF CONTENTS.

(a) DIVISIONS.—This Act is organized into

three divisions as follows:

(1) Division A—Consolidation of Foreign

Affairs Agencies.

(2) Division B—Foreign Relations Authorizations.

(3) Division C—Foreign Assistance Authorizations.

(b) TABLE OF CONTENTS.—The table of contents for this Act is as follows:

Sec. 1. Short title.

Sec. 2. Organization of Act into divisions;

table of contents.

DIVISION A—CONSOLIDATION OF

FOREIGN AFFAIRS AGENCIES

TITLE I—GENERAL PROVISIONS

Sec. 101. Short title.

Sec. 102. Congressional findings.

Sec. 103. Purposes.

Sec. 104. Definitions.

TITLE II—UNITED STATES ARMS

CONTROL AND DISARMAMENT AGENCY

CHAPTER 1—GENERAL PROVISIONS

Sec. 201. Effective date.

Sec. 202. References in title.

CHAPTER 2—ABOLITION OF UNITED STATES

ARMS CONTROL AND DISARMAMENT AGENCY

AND TRANSFER OF FUNCTIONS TO SECRETARY

OF STATE

Sec. 211. Abolition of United States Arms

Control and Disarmament

Agency.

Sec. 212. Transfer of functions to Secretary

of State.

CHAPTER 3—REORGANIZATION OF DEPARTMENT

OF STATE RELATING TO FUNCTIONS TRANSFERRED UNDER THIS TITLE

Sec. 221. Reorganization plan.

Sec. 222. Coordinator for arms control and

disarmament.

CHAPTER 4—CONFORMING AMENDMENTS

Sec. 241. References.

Sec. 242. Repeal of establishment of agency.

Sec. 243. Repeal of positions and offices.

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

and Disarmament Act to the

Secretary of State.

Sec. 245. Conforming amendments.

TITLE III—UNITED STATES

INFORMATION AGENCY

CHAPTER 1—GENERAL PROVISIONS

Sec. 301. Effective date.

CHAPTER 2—ABOLITION OF UNITED STATES INFORMATION AGENCY AND TRANSFER OF FUNCTIONS TO SECRETARY OF STATE

Sec. 311. Abolition of United States Information Agency.

Sec. 312. Transfer of functions to Secretary

of State.

CHAPTER 3—REORGANIZATION OF DEPARTMENT

OF STATE RELATING TO FUNCTIONS TRANSFERRED UNDER THIS TITLE

Sec. 321. Reorganization plan.

Sec. 322. Principal officers.

CHAPTER 4—CONFORMING AMENDMENTS

Sec. 341. References.

Sec. 342. Abolition of Office of Inspector

General of the United States

Information Agency and transfer of functions to Office of Inspector General of the Department of State.

Sec. 343. Amendments to title 5.

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

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

Act of 1961 (Fulbright-Hays

Act).

Sec. 346. International broadcasting activities.

Sec. 347. Television broadcasting to Cuba.

Sec. 348. Radio broadcasting to Cuba.

Sec. 349. National Endowment for Democracy.

Sec. 350. United States scholarship program

for developing countries.

Sec. 351. Fascell Fellowship Board.

Sec. 352. National Security Education

Board.

Sec. 353. Center for Cultural and Technical

Interchange between North and

South.

Sec. 354. East-West Center.

Sec. 355. Mission of the Department of

State.

Sec. 356. Consolidation of administrative

services.

Sec. 357. Grants.

Sec. 358. Ban on domestic activities.

Sec. 359. Conforming repeal to the Arms

Control and Disarmament Act.

Sec. 360. Repeal relating to procurement of

legal services.

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

Sec. 362. Conforming amendment to the

Seed Act.

Sec. 363. International Cultural and Trade

Center Commission.

Sec. 364. Foreign Service Act of 1980.

Sec. 365. Au pair programs.

Sec. 366. Exchange program with countries

in transition from totalitarianism to democracy.

Sec. 367. Edmund S. Muskie Fellowship program.

Sec. 368. Implementation of convention on

cultural property.

Sec. 369. Mike Mansfield Fellowships.

TITLE IV—AGENCY FOR INTERNATIONAL

DEVELOPMENT

CHAPTER 1—GENERAL PROVISIONS

Sec. 401. Effective date.

Sec. 402. References in title.

CHAPTER 2—ABOLITION OF THE AGENCY FOR

INTERNATIONAL DEVELOPMENT AND TRANSFER OF FUNCTIONS TO SECRETARY OF STATE

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

International Development Cooperation Agency.

Sec. 412. Transfer of functions to Secretary

of State.

CHAPTER 3—REORGANIZATION OF DEPARTMENT

OF STATE RELATING TO FUNCTIONS TRANSFERRED UNDER THIS TITLE

Sec. 421. Reorganization plan.

Sec. 422. Principal officers.

CHAPTER 4—CONFORMING AMENDMENTS

Sec. 441. References.

Sec. 442. Abolition of Office of Inspector

General of the Agency for

International Development and

transfer of functions to Office

of Inspector General of the Department of State.

Sec. 443. Abolition of Chief Financial Officer

of the Agency for International

Development and transfer of

functions to Chief Financial Officer Department of State.

Sec. 444. Amendments to title 5, United

States Code.

Sec. 445. Public Law 480 program.

TITLE V—TRANSITION

Sec. 501. Reorganization authority.

Sec. 502. Transfer and allocation of appropriations and personnel.

Sec. 503. Incidental transfers.

Sec. 504. Effect on personnel.

Sec. 505. Voluntary separation incentives.

Sec. 506. Savings provisions.

Sec. 507. Property and facilities.

Sec. 508. Authority of Secretary to facilitate

transition.

Sec. 509. Recommendations for additional

conforming amendments.

Sec. 510. Final report.

Sec. 511. Severability.

DIVISION B—FOREIGN RELATIONS

AUTHORIZATIONS

TITLE XX—GENERAL PROVISIONS

Sec. 2001. Short title.

Sec. 2002. Definitions.

TITLE XXI—AUTHORIZATION OF APPROPRIATIONS FOR DEPARTMENT OF

STATE AND CERTAIN INTERNATIONAL

AFFAIRS FUNCTIONS AND ACTIVITIES

CHAPTER 1—AUTHORIZATIONS OF

APPROPRIATIONS

Sec. 2101. Administration of Foreign Affairs.
H 5192 CONGRESSIONAL RECORD — HOUSE May 17, 1995

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

Sec. 2103. International commissions.

Sec. 2104. Migration and refugee assistance.

Sec. 2105. Certain other international affairs

programs.

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

Sec. 2107. United States arms control and

disarmament.

TITLE XXII—DEPARTMENT OF STATE

AUTHORITIES AND ACTIVITIES

CHAPTER 1—AUTHORITIES AND ACTIVITIES

Sec. 2201. Revision of Department of State

rewards program.

Sec. 2202. Authorities of Secretary of State.

Sec. 2203. Buying power maintenance account.

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

Sec. 2205. Consolidation of United States

diplomatic missions and consular posts.

Sec. 2206. Denial of passports to

noncustodial parents subject to

state arrest warrants in cases

of nonpayment of child support.

Sec. 2207. Capital investment fund.

Sec. 2208. Efficiency in procurement.

Sec. 2209. Training.

Sec. 2210. Lease-purchase agreements.

CHAPTER 2—CONSULAR AUTHORITIES OF THE

DEPARTMENT OF STATE

Sec. 2231. Surcharge for processing certain

machine readable visas.

Sec. 2232. Fingerprint check requirement.

Sec. 2233. Use of certain passport processing

fees for enhanced passport services.

Sec. 2234. Consular officers.

CHAPTER 3—REFUGEES AND MIGRATION

Sec. 2251. United States emergency refugee

and migration assistance fund.

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

Sec. 2253. Report to congress concerning

Cuban emigration policies.

Sec. 2254. United States policy regarding the

involuntary return of refugees.

Sec. 2255. Extension of certain adjudication

provisions.

TITLE XXIII—ORGANIZATION OF THE DEPARTMENT OF STATE; DEPARTMENT

OF STATE PERSONNEL; THE FOREIGN

SERVICE

CHAPTER 1—ORGANIZATION OF THE

DEPARTMENT OF STATE

Sec. 2301. Coordinator for counterterrorism.

Sec. 2302. Special envoy for Tibet.

Sec. 2303. Establishment of Coordinator for

Human Rights and Refugees,

Bureau of Refugee and Migration Assistance, and Bureau of

Democracy, Human Rights, and

Labor.

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

the Department of State.

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

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

CHAPTER 2—PERSONNEL OF THE DEPARTMENT

OF STATE; THE FOREIGN SERVICE

Sec. 2351. Authorized strength of the Foreign Service.

Sec. 2352. Repeal of authority for Senior

Foreign Service performance

pay.

Sec. 2353. Recovery of costs of health care

services.

TITLE XXIV—UNITED STATES PUBLIC DIPLOMACY: AUTHORITIES AND ACTIVITIES FOR UNITED STATES INFORMATIONAL, EDUCATIONAL, AND CULTURAL PROGRAMS

CHAPTER 1—GENERAL PROVISIONS

Sec. 2401. Elimination of permanent authorization.

Sec. 2402. Extension of au pair programs.

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

Sec. 2404. Conduct of certain educational

and cultural exchange programs in Asia.

Sec. 2405. Educational and cultural exchanges and scholarships for

Tibetans and Burmese.

Sec. 2406. Availability of Voice of America

and Radio Marti multilingual

computer readable text and

voice recordings.

Sec. 2407. Retention of interest.

Sec. 2408. USIA office in Pristina, Kosova.

CHAPTER 2—INTERNATIONAL BROADCASTING

Sec. 2431. Expansion of Broadcasting Board

of Governors.

Sec. 2432. Plan for Radio Free Asia.

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

TITLE XXV—INTERNATIONAL

ORGANIZATIONS AND COMMISSIONS

CHAPTER 1—GENERAL PROVISIONS

Sec. 2501. International Boundary and Water

Commission.

CHAPTER 2—UNITED NATIONS AND AFFILIATED

AGENCIES AND ORGANIZATIONS

Sec. 2521. Reform in budget decisionmaking

procedures of the United Nations and its specialized agencies.

Sec. 2522. Limitation on contributions to

the United Nations or United

Nations affiliated organizations.

Sec. 2523. Report on UNICEF.

Sec. 2524. United Nations budgetary and

management reform.

TITLE XXVI—FOREIGN POLICY

PROVISIONS

CHAPTER 1—MISCELLANEOUS FOREIGN POLICY

PROVISIONS

Sec. 2601. Taiwan Relations Act.

Sec. 2602. Bosnia Genocide Justice Act.

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

CHAPTER 2—RELATING TO THE UNITED STATESNORTH KOREA AGREED FRAMEWORK AND THE

OBLIGATIONS OF NORTH KOREA UNDER THAT

AND PREVIOUS AGREEMENTS WITH RESPECT

TO THE DENUCLEARIZATION OF THE KOREAN

PENINSULA AND DIALOGUE WITH THE REPUBLIC OF KOREA

Sec. 2641. Findings.

Sec. 2642. Clarification of nuclear nonproliferation obligations of

North Korea under the agreed

framework.

Sec. 2643. Role of the Republic of Korea

under the agreed framework.

Sec. 2644. Further steps to promote United

States security and political interests with respect to North

Korea.

Sec. 2645. Restrictions on assistance to

North Korea and the Korean peninsula energy development organization.

CHAPTER 3—BURMA

Sec. 2651. United States policy concerning

the dictatorship in Burma.

CHAPTER 4—TORTURE

Sec. 2661. Definitions.

Sec. 2662. United States policy with respect

to the involuntary return of

persons subjected to torture.

TITLE XXVII—CONGRESSIONAL

STATEMENTS

Sec. 2701. Inter-American organizations.

Sec. 2702. Territorial integrity of Bosnia and

Herzegovina.

Sec. 2703. The Laogai system of political

prisons.

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

Vietnam.

Sec. 2705. Declaration of Congress regarding

United States Government

human rights policy toward

China.

Sec. 2706. Concerning the United Nations

Voluntary Fund for Victims of

Torture.

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

resolution.

Sec. 2708. Conflict in Kashmir.

Sec. 2709. United States relations with the

Former Yugoslav Republic of

Macedonia (FYROM).

Sec. 2710. Sense of the Congress relating to

Indonesia.

Sec. 2711. Displaced persons.

DIVISION C—FOREIGN ASSISTANCE

AUTHORIZATIONS

Sec. 3001. Short title.

Sec. 3002. Declaration of policy.

TITLE XXXI—DEFENSE AND SECURITY

ASSISTANCE

CHAPTER 1—MILITARY AND RELATED

ASSISTANCE

SUBCHAPTER A—FOREIGN MILITARY FINANCING

PROGRAM

Sec. 3101. Authorization of appropriations.

Sec. 3102. Administrative expenses.

Sec. 3103. Assistance for Israel.

Sec. 3104. Assistance for Egypt.

Sec. 3105. Loans for Greece and Turkey.

Sec. 3106. Terms of loans.

Sec. 3107. Nonrepayment of grant assistance.

Sec. 3108. Additional requirements.

SUBCHAPTER B—OTHER ASSISTANCE

Sec. 3121. Defense drawdown special authorities.

Sec. 3122. Stockpiles of defense articles.

Sec. 3123. Transfer of excess defense articles.

Sec. 3124. Nonlethal excess defense articles

for Albania.

CHAPTER 2—INTERNATIONAL MILITARY

EDUCATION AND TRAINING

Sec. 3141. Authorization of appropriations.

Sec. 3142. Assistance for Indonesia.

Sec. 3143. Additional requirements.

CHAPTER 3—ANTITERRORISM ASSISTANCE

Sec. 3151. Authorization of appropriations.

Sec. 3152. Antiterrorism training assistance.

Sec. 3153. Research and development expenses.

CHAPTER 4—NARCOTICS CONTROL ASSISTANCE

Sec. 3161. Authorization of appropriations.

Sec. 3162. Additional requirements.

Sec. 3163. Notification requirement.

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

CHAPTER 5—NONPROLIFERATION AND

DISARMAMENT FUND

Sec. 3171. Nonproliferation and Disarmament Fund.

CHAPTER 6—OTHER PROVISIONS

Sec. 3181. Standardization of congressional

review procedures for arms

transfers.

Sec. 3182. Standardization of third country

transfers of defense articles.

Sec. 3183. Increased standardization, rationalization, and interoperability

of assistance and sales programs.
May 17, 1995 CONGRESSIONAL RECORD — HOUSE H 5193

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

proposed sale of defense articles

and services.

Sec. 3185. Definition of significant military

equipment.

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

Sec. 3187. Cost of leased defense articles that

have been lost or destroyed.

Sec. 3188. Designation of major non-NATO

allies.

Sec. 3189. Certification thresholds.

Sec. 3190. Competitive pricing for sales of

defense articles and services.

Sec. 3191. Depleted uranium ammunition.

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

Sec. 3193. Brokering activities relating to

commercial sales of defense articles and services.

TITLE XXXII—ECONOMIC ASSISTANCE

CHAPTER 1—ECONOMIC SUPPORT ASSISTANCE

Sec. 3201. Economic support fund.

Sec. 3202. Assistance for Israel.

Sec. 3203. Assistance for Egypt.

Sec. 3204. International Fund for Ireland.

Sec. 3205. Law enforcement assistance.

CHAPTER2—ASSISTANCEFORPRIVATESECTOR

PROGRAMS AND ACTIVITIES

Sec. 3211. Private sector enterprise funds.

Sec. 3212. Micro- and small enterprise development credits.

Sec. 3213. Microenterprise development

grant assistance.

CHAPTER 3—DEVELOPMENT ASSISTANCE

SUBCHAPTER A—DEVELOPMENT ASSISTANCE

AUTHORITIES

Sec. 3221. Authorizations of appropriations.

Sec. 3222. Assistance for child survival activities, Vitamin A Deficiency

Program, and related activities.

Sec. 3223. Assistance for family planning.

Sec. 3224. Assistance for the independent

states of the former Soviet

Union.

Sec. 3225. Development Fund for Latin

America and the Caribbean.

Sec. 3226. Effectiveness of United States development assistance.

Sec. 3227. Funding for private and voluntary

organizations and cooperatives.

Sec. 3228. Sense of the Congress relating to

United States cooperatives and

credit unions.

SUBCHAPTER B—OPERATING EXPENSES

Sec. 3231. Operating expenses generally.

Sec. 3232. Operating expenses of the office of

the inspector general.

CHAPTER 4—PUBLIC LAW 480

Sec. 3241. Levels of assistance for title II.

Sec. 3242. Authorization of appropriations

for title III.

CHAPTER 5—HOUSING GUARANTEE PROGRAM

Sec. 3251. Authorization of appropriations

for administrative expenses.

Sec. 3252. Additional requirements.

CHAPTER 6—PEACE CORPS

Sec. 3261. Peace Corps.

Sec. 3262. Activities of the Peace Corps in

the former Soviet Union.

Sec. 3263. Prohibition on use of funds for

abortions.

CHAPTER 7—INTERNATIONAL DISASTER

ASSISTANCE

Sec. 3271. Authority to provide reconstruction assistance.

Sec. 3272. Authorizations of appropriations.

CHAPTER 8—OTHER PROVISIONS

Sec. 3281. Exemption from restrictions on

assistance through nongovernmental organizations.

Sec. 3282. Funding requirements relating to

United States private and voluntary organizations.

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

Sec. 3284. Foreign government parking fines.

Sec. 3285. Human rights reports.

Sec. 3286. Deobligation of certain unexpended economic assistance

funds.

TITLE XXXIII—REGIONAL PROVISIONS

Sec. 3301. Prohibition on assistance to foreign governments providing assistance to Cuba.

Sec. 3302. Assistance for Nicaragua.

Sec. 3303. Sense of the Congress regarding

relations with Burma.

Sec. 3304. Debt restructuring for Egypt.

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

Sec. 3306. Assistance for Pakistan.

Sec. 3307. Return of military equipment of

Pakistan.

Sec. 3308. Eligibility of Panama under Arms

Export Control Act.

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

Sec. 3310. Peace and stability in the South

China Sea.

Sec. 3311. Sense of the Congress regarding

narcotics control efforts of Colombia.

Sec. 3312. Notification of arms sales to Saudi

Arabia.

Sec. 3313. Assistance for Zaire.

TITLE XXXIV—SPECIAL AUTHORITIES

AND OTHER PROVISIONS

CHAPTER 1—SPECIAL AUTHORITIES

Sec. 3401. Enhanced transfer authority.

Sec. 3402. Authority to meet unanticipated

contingencies.

Sec. 3403. Special waiver authority.

Sec. 3404. Termination of assistance.

CHAPTER 2—OTHER PROVISIONS

Sec. 3411. Congressional presentation documents.

Sec. 3412. Prohibition on assistance to foreign governments engaged in espionage

against the United States.

Sec. 3413. Debt restructuring for foreign

assistance.

Sec. 3414. Debt buybacks or sales for debt

swaps.

Sec. 3415. Impact on jobs in the United

States.

Sec. 3416. Prohibition on assistance to foreign governments that export lethal

military equipment to countries supporting international terrorism.

Sec. 3417. Prohibition on assistance to

countries that consistently oppose the

United States position in the United

Nations General Assembly.

Sec. 3418. Limitation on assistance to

countries that restrict the transport or

delivery of United States humanitarian

assistance.

Sec. 3419. Prohibition on assistance to foreign governments, private and voluntary organizations, and other entities that inhibit United States-supported demining operations and activities.

CHAPTER 3—REPEALS

Sec. 3421. Repeal of obsolete provisions.

TITLE XXXV—EFFECTIVE DATE

Sec. 3501. Effective date.

DIVISION A—CONSOLIDATION OF

FOREIGN AFFAIRS AGENCIES

TITLE I—GENERAL PROVISIONS

SEC. 101. SHORT TITLE.

This division may be cited as the ‘‘Foreign

Affairs Agencies Consolidation Act of 1995’’.

SEC. 102. CONGRESSIONAL FINDINGS.

The Congress makes the following findings:

(1) With the end of the Cold War, the international challenges facing the United States

have changed, but the fundamental national

interests of the United States have not. The

security, economic, and humanitarian interests of the United States require continued

American engagement in international affairs. The leading role of the United States

in world affairs will be as important in the

twenty-first century as it has been in the

twentieth.

(2) The United States budget deficit requires that the foreign as well as the domestic programs and activities of the United

States be carefully reviewed for potential

savings. Wherever possible, foreign programs

and activities must be streamlined, managed

more efficiently, and adapted to the requirements of the post-Cold War era.

(3) In order to downsize the foreign programs and activities of the United States

without jeopardizing United States interests,

strong and effective leadership will be required. As the official principally responsible

for the conduct of foreign policy, the Secretary of State must have the authority to

allocate efficiently the resources within the

international affairs budget. As a first step

in the downsizing process, the proliferation

of foreign affairs agencies that occurred during the Cold War must be reversed, and the

functions of these agencies must be restored

to the Secretary of State.

(4) A streamlined and reorganized foreign

affairs structure under the strengthened

leadership of the Secretary of State can

more effectively promote the international

interests of the United States in the next

century than the existing structure.

SEC. 103. PURPOSES.

The purposes of this division are—

(1) to consolidate and reinvent foreign affairs agencies of the United States within

the Department of State;

(2) to provide for the reorganization of the

Department of State to maximize the efficient use of resources, eliminate redundancy

in functions, effect budget savings, and improve the management of the State Department;

(3) to strengthen—

(A) the coordination of United States foreign policy; and

(B) the leading role of the Secretary of

State in the formulation and articulation of

United States foreign policy; and

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

the United States Arms Control and Disarmament Agency, the United States Information Agency, the International Development

Cooperation Agency, and the Agency for

International Development.

SEC. 104. DEFINITIONS.

The following terms have the following

meaning for the purposes of this division:

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

International Development.

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

States Arms Control and Disarmament

Agency.

(3) The term ‘‘appropriate congressional

committees’’ means the Committee on International Relations of the House of Representatives and the Committee of Foreign

Relations of the Senate.

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

(5) The term ‘‘Federal agency’’ has the

meaning given to the term ‘‘agency’’ by section 551(1) of title 5, United States Code.

(6) The term ‘‘function’’ means any duty,

obligation, power, authority, responsibility,

right, privilege, activity, or program.

(7) The term ‘‘office’’ includes any office,

administration, agency, institute, unit, organizational entity, or component thereof.

(8) The term ‘‘Secretary’’ means the Secretary of State.
H 5194 CONGRESSIONAL RECORD — HOUSE May 17, 1995

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

States Information Agency.

TITLE II—UNITED STATES ARMS

CONTROL AND DISARMAMENT AGENCY

CHAPTER 1—GENERAL PROVISIONS

SEC. 201. EFFECTIVE DATE.

(a) IN GENERAL.—Except as provided in

subsection (b), this title, and the amendments made by this title, shall take effect—

(1) March 1, 1997; or

(2) on such earlier date as the President

shall determine to be appropriate and announce by notice published in the Federal

Register, which date may be not earlier than

60 calendar days (excluding any day on which

either House of Congress is not in session because of an adjournment sine die) after the

President has submitted a reorganization

plan to the appropriate congressional committees pursuant to section 221.

(b) REORGANIZATION PLAN.—Section 221

shall take effect on the date of enactment of

this Act.

SEC. 202. REFERENCES IN TITLE.

Except as specifically provided in this

title, whenever in this title an amendment

or repeal is expressed in terms of an amendment to, or repeal of, a provision, the reference shall be considered to be made to a

provision of the Arms Control and Disarmament Act.

CHAPTER 2—ABOLITION OF UNITED

STATES ARMS CONTROL AND DISARMAMENT AGENCY AND TRANSFER OF

FUNCTIONS TO SECRETARY OF STATE

SEC. 211. ABOLITION OF UNITED STATES ARMS

CONTROL AND DISARMAMENT

AGENCY.

The United States Arms Control and Disarmament Agency is abolished.

SEC. 212. TRANSFER OF FUNCTIONS TO SECRETARY OF STATE.

There are transferred to the Secretary of

State all functions of the Director of the

United States Arms Control and Disarmament Agency and all functions of the

United States Arms Control and Disarmament Agency and any officer or component of such agency under any statute, reorganization plan, Executive order, or other

provision of law before the effective date of

this title, except as otherwise provided in

this title.

CHAPTER 3—REORGANIZATION OF DEPARTMENT OF STATE RELATING TO

FUNCTIONS TRANSFERRED UNDER THIS

TITLE

SEC. 221. REORGANIZATION PLAN.

(a) SUBMISSION OF PLAN.—Not later than

March 1, 1996, the President, in consultation

with the Secretary and the Director of the

Arms Control and Disarmament Agency,

shall transmit to the appropriate congressional committees a reorganization plan providing for—

(1) the abolition of the Arms Control and

Disarmament Agency in accordance with

this title;

(2) the transfer to the Department of State

of the functions and personnel of the Arms

Control and Disarmament Agency consistent

with the provisions of this title; and

(3) the consolidation, reorganization, and

streamlining of the Department upon the

transfer of functions under this title in order

to carry out such functions.

(b) PLAN ELEMENTS.—The plan under subsection (a) shall—

(1) identify the functions of the Arms Control and Disarmament Agency that will be

transferred to the Department under the

plan;

(2) identify the personnel and positions of

the Agency (including civil service personnel, Foreign Service personnel, and

detailees) that will be transferred to the Department, separated from service with the

Agency, or be eliminated under the plan, and

set forth a schedule for such transfers, separations, and terminations;

(3) identify the personnel and positions of

the Department (including civil service personnel, Foreign Service personnel, and

detailees) that will be transferred within the

Department, separated from service with the

Department, or eliminated under the plan,

and set forth a schedule for such transfers,

separations, and terminations;

(4) specify the consolidations and reorganization of functions of the Department that

will be required under the plan in order to

permit the Department to carry out the

functions transferred to the Department

under the plan;

(5) specify the funds available to the Arms

Control and Disarmament Agency that will

be transferred to the Department as a result

of the transfer of functions of the Agency to

the Department;

(6) specify the proposed allocations within

the Department of unexpended funds transferred in connection with the transfer of

functions under the plan; and

(7) specify the proposed disposition of the

property, facilities, contracts, records, and

other assets and liabilities of the Agency in

connection with the transfer of the functions

of the Agency to the Department.

(c) ASSISTANT SECRETARY POSITIONS.—The

plan under subsection (a) shall provide for an

appropriate number of Assistant Secretaries

of State to carry out the functions transferred to the Department under this title.

SEC. 222. COORDINATOR FOR ARMS CONTROL

AND DISARMAMENT.

(a) ESTABLISHMENT OF COORDINATOR FOR

ARMS CONTROL AND DISARMAMENT.—Section

1(e) of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2651a(e)) is amended by adding after paragraph (4) the following new paragraph:

‘‘(5) COORDINATOR FOR ARMS CONTROL AND

DISARMAMENT.—

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

Secretary of State a Coordinator for Arms

Control and Disarmament (hereafter in this

paragraph referred to as the ‘‘Coordinator’’

who shall be appointed by the President, by

and with the advice and consent of the Senate. The Coordinator shall report directly to

the Secretary of State.

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

duties and exercise such power as the Secretary of State shall prescribe.

‘‘(ii) The Coordinator shall be responsible

for arms control and disarmament matters.

The Coordinator shall head the Bureau of

Arms Control and Disarmament.

‘‘(C) The Coordinator shall have the rank

and status of Ambassador-at-Large. The Coordinator shall be compensated at the annual rate of basic pay in effect for a position

at level IV of the Executive Schedule under

section 5314 of title 5, United States Code, or,

if the Coordinator is appointed from the Foreign Service, the annual rate of pay which

the individual last received under the Foreign Service Schedule, whichever is greater.’’.

(b) PARTICIPATION IN MEETINGS OF NATIONAL SECURITY COUNCIL.—Section 101 of the

National Security Act of 1947 (50 U.S.C. 402)

is amended by adding at the end the following new subsection:

‘‘(i) The Coordinator for Arms Control and

Disarmament may, in the role of advisor to

the National Security Council on arms control and disarmament matters, and subject

to the direction of the President, attend and

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

(c) TRANSITION PROVISION.—The President

may appoint the individual serving as Director of the Arms Control and Disarmament

Agency on the day before the effective date

of this title, or such other officials appointed

by and with the advice and consent of the

Senate and serving within the Department of

State or the Arms Control and Disarmament

Agency on the day before the effective date

of this title as the President considers appropriate, to serve as the acting Coordinator for

Arms Control and Disarmament until an individual is appointed to that office in accordance with section 1(e)(5) of the State Department Basic Authorities Act of 1956, as

amended by this Act.

CHAPTER 4—CONFORMING AMENDMENTS

SEC. 241. REFERENCES.

Any reference in any statute, reorganization plan, Executive order, regulation, agreement, determination, or other official document or proceeding to—

(1) the Director of the United States Arms

Control and Disarmament Agency or any

other officer or employee of the United

States Arms Control and Disarmament

Agency shall be deemed to refer to the Secretary of State; and

(2) the United States Arms Control and

Disarmament Agency shall be deemed to

refer to the Department of State.

SEC. 242. REPEAL OF ESTABLISHMENT OF AGENCY.

Section 21 of the Arms Control and Disarmament Act (22 U.S.C. 2561; relating to the

establishment of the agency) is repealed.

SEC. 243. REPEAL OF POSITIONS AND OFFICES.

The following sections of the Arms Control

and Disarmament Act are repealed:

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

the Director).

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

the Deputy Director).

(3) Section 24 (22 U.S.C. 2564; relating to

Assistant Directors).

(4) Section 25 (22 U.S.C. 2565; relating to

bureaus, offices, and divisions).

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

ACDA Inspector General).

SEC. 244. TRANSFER OF AUTHORITIES AND FUNCTIONS UNDER THE ARMS CONTROL

AND DISARMAMENT ACT TO THE

SECRETARY OF STATE.

(a) IN GENERAL.—The Arms Control and

Disarmament Act (22 U.S.C. 2551 et seq.) is

amended—

(1) by striking ‘‘Agency’’ each place it appears and inserting ‘‘Department’’; and

(2) by striking ‘‘Director’’ each place it appears and inserting ‘‘Secretary’’.

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

repealed.

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

is amended by striking paragraph (c) and inserting the following:

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

‘‘(d) The term ‘Secretary’ means the Secretary of State.’’.

(d) SCIENTIFIC AND POLICY ADVISORY COMMITTEE.—Section 26(b) (22 U.S.C. 2566(b)) is

amended by striking ‘‘, the Secretary of

State, and the Director’’ and inserting ‘‘and

the Secretary of State’’.

(e) PRESIDENTIAL SPECIAL REPRESENTATIVES.—Section 27 (22 U.S.C. 2567) is amended

by striking ‘‘, acting through the Director’’.

(f) PROGRAM FOR VISITING SCHOLARS.—Section 28 (22 U.S.C. 2568) is amended—

(1) in the second sentence, by striking

‘‘Agency’s activities’’ and inserting ‘‘Department’s arms control, nonproliferation, and

disarmament activities’’; and

(2) in the fourth sentence, by striking ‘‘,

and all former Directors of the Agency’’.

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

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

prepare for the President, the Secretary of

State,’’ and inserting ‘‘shall prepare for the

President’’.
May 17, 1995 CONGRESSIONAL RECORD — HOUSE H 5195

(h) NEGOTIATION MANAGEMENT.—Section 34

(22 U.S.C. 2574) is amended—

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

President and the Secretary of State’’ and

inserting ‘‘the President’’; and

(2) by striking subsection (b).

(i) VERIFICATION OF COMPLIANCE.—Section

37(d) (22 U.S.C. 2577(d)) is amended by striking ‘‘Director’s designee’’ and inserting

‘‘Secretary’s designee’’.

(j) GENERAL AUTHORITY.—Section 41 (22

U.S.C. 2581) is repealed.

(k) SECURITY REQUIREMENTS.—Section 45

(22 U.S.C. 2585) is amended by striking subsections (a), (b), and (d).

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

2588) is repealed.

(m) ANNUAL REPORT.—Section 51(a) (22

U.S.C. 2593a(a)) is amended by striking ‘‘the

Secretary of State,’’.

(n) REQUIREMENT FOR AUTHORIZATION OF

APPROPRIATIONS.—Section 53 (22 U.S.C. 2593c)

is repealed.

(o) ON-SITE INSPECTION AGENCY.—Section

61 (22 U.S.C. 2595) is amended—

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

States Arms Control and Disarmament

Agency’’ and inserting ‘‘Department of

State’’; and

(2) in paragraph (7), by striking ‘‘the United States Arms Control and Disarmament

Agency and’’.

SEC. 245. CONFORMING AMENDMENTS.

(a) ARMS EXPORT CONTROL ACT.—The Arms

Export Control Act is amended—

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

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

Arms Control and Disarmament Agency in

consultation with the Secretary of State

and’’ and inserting ‘‘Secretary of State in

consultation with’’;

(2) in section 38(a)(2) (22 U.S.C. 2778(a)(2))—

(A) in the first sentence, by striking ‘‘Director of the United States Arms Control

and Disarmament Agency, taking into account the Director’s’’ and inserting ‘‘Secretary of State, taking into account the Secretary’s’’; and

(B) in the second sentence, by striking

‘‘The Director of the Arms Control and Disarmament Agency is authorized, whenever

the Director’’ and inserting ‘‘The Secretary

of State is authorized, whenever the Secretary’’;

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

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

Disarmament Agency’’ and inserting ‘‘Secretary of State’’; and

(B) in paragraph (2)—

(i) in the first sentence, by striking ‘‘Director of the United States Arms Control and

Disarmament Agency’’ and inserting ‘‘Secretary of State’’; and

(ii) in the second sentence, by striking ‘‘Director of the Arms Control and Disarmament

Agency is authorized, whenever the Director’’ and inserting ‘‘Secretary of State,

whenever the Secretary’’;

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

striking ‘‘, the Director of the Arms Control

and Disarmament Agency,’’ and inserting ‘‘,

Secretary of State,’’;

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

by striking ‘‘Director of the United States

Arms Control and Disarmament Agency’’

and inserting ‘‘Secretary of State’’;

(6) in section 71(b)(2) (22 U.S.C. 2797(b)(2))—

(A) by striking ‘‘Director of the United

States Arms Control and Disarmament

Agency’’ and inserting ‘‘Secretary of State’’;

and

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

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

striking ‘‘Director of the United States Arms

Control and Disarmament Agency,’’ and inserting ‘‘Secretary of State’’; and

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

striking ‘‘Director of the United States Arms

Control and Disarmament Agency’’ and inserting ‘‘Secretary of State’’.

(b) UNITED STATES INSTITUTE OF PEACE

ACT.—Section 1706(b) of the United States Institute of Peace Act (22 U.S.C. 4605(b)) is

amended—

(1) by striking out paragraph (3);

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

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

(3) in paragraph (4) (as redesignated by

paragraph (2)), by striking ‘‘Eleven’’ and inserting ‘‘Twelve’’.

(c) THE ATOMIC ENERGY ACT OF 1954.—The

Atomic Energy Act of 1954 is amended—

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

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

Arms Control and Disarmament Agency,’’,

and

(B) in the second sentence, by striking

‘‘the Director of the Arms Control and Disarmament Agency,’’; and

(2) in section 123 (42 U.S.C. 2153)—

(A) in subsection a. (in the text after paragraph (9)—

(i) by striking ‘‘and in consultation with

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

(ii) by striking ‘‘and the Director’’ and inserting ‘‘and the Secretary of Defense’’,

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

striking ‘‘Director of the Arms Control and

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

(C) in the first undesignated paragraph following subsection d., by striking ‘‘the Arms

Control and Disarmament Agency,’’.

(d) THE NUCLEAR NON-PROLIFERATION ACT

OF 1978.—The Nuclear Non-Proliferation Act

of 1978 is amended—

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

(2) in section 102, by striking ‘‘the Secretary of State, and the Director of the Arms

Control and Disarmament Agency’’ and inserting ‘‘and the Secretary of State’’; and

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

Control and Disarmament Agency,’’.

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

United States Code, is amended—

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

the United States Arms Control and Disarmament Agency.’’;

(2) in section 5314, by striking ‘‘Deputy Director of the United States Arms Control

and Disarmament Agency.’’; and

(3) in section 5315, by striking ‘‘Assistant

Directors, United States Arms Control and

Disarmament Agency (4).’’.

TITLE III—UNITED STATES INFORMATION

AGENCY

CHAPTER 1—GENERAL PROVISIONS

SEC. 301. EFFECTIVE DATE.

(a) IN GENERAL.—Except as provided in

subsection (b), this title, and the amendments made by this title, shall take effect—

(1) March 1, 1997; or

(2) on such earlier date as the President

shall determine to be appropriate and announce by notice published in the Federal

Register, which date may be not earlier than

60 calendar days (excluding any day on which

either House of Congress is not in session because of an adjournment sine die) after the

President has submitted a reorganization

plan to the appropriate congressional committees pursuant to section 321.

(b) REORGANIZATION PLAN.—Section 321

shall take effect on the date of enactment of

this Act.

CHAPTER 2—ABOLITION OF UNITED

STATES INFORMATION AGENCY AND

TRANSFER OF FUNCTIONS TO SECRETARY OF STATE

SEC. 311. ABOLITION OF UNITED STATES INFORMATION AGENCY.

The United States Information Agency is

abolished.

SEC. 312. TRANSFER OF FUNCTIONS TO SECRETARY OF STATE.

There are transferred to the Secretary of

State all functions of the Director of the

United States Information Agency and all

functions of the United States Information

Agency and any officer or component of such

agency under any statute, reorganization

plan, Executive order, or other provision of

law before the effective date of this title, except as otherwise provided in this title.

CHAPTER 3—REORGANIZATION OF DEPARTMENT OF STATE RELATING TO

FUNCTIONS TRANSFERRED UNDER THIS

TITLE

SEC. 321. REORGANIZATION PLAN.

(a) SUBMISSION OF PLAN.—Not later than

March 1, 1996, the President, in consultation

with the Secretary and the Director of the

United States Information Agency, shall

transmit to the appropriate congressional

committees a reorganization plan providing

for—

(1) the abolition of the United States Information Agency in accordance with this title;

(2) the transfer to the Department of State

of the functions and personnel of the United

States Information Agency consistent with

the provisions of this title; and

(3) the consolidation, reorganization, and

streamlining of the Department upon the

transfer of functions under this title in order

to carry out such functions.

(b) PLAN ELEMENTS.—The plan under subsection (a) shall—

(1) identify the functions of the United

States Information Agency that will be

transferred to the Department under the

plan;

(2) identify the personnel and positions of

the Agency (including civil service personnel, Foreign Service personnel, and

detailees) that will be transferred to the Department, separated from service with the

Agency, or be eliminated under the plan, and

set forth a schedule for such transfers, separations, and terminations;

(3) identify the personnel and positions of

the Department (including civil service personnel, Foreign Service personnel, and

detailees) that will be transferred within the

Department, separated from service with the

Department, or eliminated under the plan,

and set forth a schedule for such transfers,

separations, and terminations;

(4) specify the consolidations and reorganization of functions of the Department that

will be required under the plan in order to

permit the Department to carry out the

functions transferred to the Department

under the plan;

(5) specify the funds available to the United States Information Agency that will be

transferred to the Department as a result of

the transfer of functions of the Agency to

the Department;

(6) specify the proposed allocations within

the Department of unexpended funds transferred in connection with the transfer of

functions under the plan; and

(7) specify the proposed disposition of the

property, facilities, contracts, records, and

other assets and liabilities of the Agency in

connection with the transfer of the functions

of the Agency to the Department.

(c) ASSISTANT SECRETARY POSITIONS.—The

plan under subsection (a) shall provide for an

appropriate number of Assistant Secretaries

of State to carry out the functions transferred to the Department under this title.

SEC. 322. PRINCIPAL OFFICERS.

(a) UNDER SECRETARY OF STATE FOR PUBLIC

DIPLOMACY.—

(1) ESTABLISHMENT.—Section 1(b) of the

State Department Basic Authorities Act of

1956 (22 U.S.C. 2651a(b) is amended—

(A) by striking ‘‘There’’ and inserting the

following:
H 5196 CONGRESSIONAL RECORD — HOUSE May 17, 1995

‘‘(1) IN GENERAL.—There’’; and

(B) by adding at the end the following:

‘‘(2) UNDER SECRETARY FOR PUBLIC DIPLOMACY.—There shall be in the Department of

State an Under Secretary for Public Diplomacy who shall have responsibility to assist

the Secretary and the Deputy Secretary in

the formation and implementation of United

States public diplomacy policies and activities, including international educational and

cultural exchange programs, information,

and international broadcasting.’’.

(2) TRANSITION PROVISION.—The President

may appoint the individual serving as Director of the United States Information Agency

on the day before the effective date of this

title, or such other official appointed by and

with the advice and consent of the Senate

and serving within the Department of State

or the United States Information Agency as

the President considers appropriate, to serve

as the acting Under Secretary for Public Diplomacy until an individual is appointed to

that office in accordance with section

(1)(b)(1) of the State Department Basic Authorities Act of 1956, as amended by this Act.

(b) ASSISTANT SECRETARIES.—

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

State Department Basic Authorities Act of

1956 (22 U.S.C. 2651a(c)) is amended by adding

after paragraph (2) the following:

‘‘(3) ASSISTANT SECRETARY FOR ACADEMIC

PROGRAMS AND CULTURAL EXCHANGES.—There

shall be in the Department of State an Assistant Secretary for Academic Programs

and Cultural Exchanges who shall report to

the Under Secretary for Public Diplomacy.

‘‘(4) ASSISTANT SECRETARY FOR INFORMATION, POLICY, AND PROGRAMS.—There shall be

in the Department of State an Assistant Secretary for Information, Policy, and Programs who shall report to the Under Secretary for Public Diplomacy.’’.

(2) TRANSITION PROVISION.—The President

may appoint such officials appointed by and

with the advice and consent of the Senate

and serving within the Department of State

or the United States Information Agency as

the President considers appropriate to serve

as the acting Assistant Secretary for Academic Programs and Cultural Exchanges and

to serve as the acting Assistant Secretary

for Information, Policy, and Programs until

individuals are appointed to those offices in

accordance with section 1(c)(1) of the State

Department Basic Authorities Act of 1956, as

amended by this Act.

CHAPTER 4—CONFORMING AMENDMENTS

SEC. 341. REFERENCES.

Any reference in any statute, reorganization plan, Executive order, regulation, agreement, determination, or other official document or proceeding to—

(1) the Director of the United States Information Agency, the Director of the International Communication Agency, or any

other officer or employee of the United

States Information Agency shall be deemed

to refer to the Secretary of State; and

(2) the United States Information Agency,

USIA, or the International Communication

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

SEC. 342. ABOLITION OF OFFICE OF INSPECTOR

GENERAL OF THE UNITED STATES

INFORMATION AGENCY AND TRANSFER OF FUNCTIONS TO OFFICE OF

INSPECTOR GENERAL OF THE DEPARTMENT OF STATE.

(a) ABOLITION OF OFFICE OF INSPECTOR GENERAL OF THE USIA.—

(1) The Office of Inspector General of the

United States Information Agency is abolished.

(2) Section 11 of the Inspector General Act

of 1978 (5 U.S.C. App.) is amended—

(A) in paragraph (1) by striking ‘‘, the Office of Personnel Management or the United

States Information Agency’’ and inserting

‘‘or the Office of Personnel Management’’;

and

(B) in paragraph (2) by striking ‘‘the United States Information Agency,’’.

(3) Section 5315 of title 5, United States

Code, is amended by striking the following:

‘‘Inspector General, United States Information Agency.’’.

(b) FUNCTIONS OF OFFICE OF INSPECTOR GENERAL OF THE UNITED STATES INFORMATION

AGENCY TRANSFERRED TO OFFICE OF INSPECTOR GENERAL OF THE DEPARTMENT OF

STATE.—There are transferred to the Office

of the Inspector General of the Department

of State the functions that the Office of Inspector General of the United States Information Agency exercised before the effective

date of this title (including all related functions of the Inspector General of the United

States Information Agency).

(c) TRANSFER AND ALLOCATIONS OF APPROPRIATIONS AND PERSONNEL.—The Director of

the Office of Management and Budget, in

consultation with the Secretary of State, is

authorized to make such incidental dispositions of personnel, assets, liabilities, grants,

contracts, property, records, and unexpended

balances of appropriations, authorizations,

allocations, and other funds held, used, arising from, available to, or to be made available in connection with such functions, as

may be necessary to carry out the provisions

of this section.

SEC. 343. AMENDMENTS TO TITLE 5.

Title 5, United States Code, is amended—

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

the United States Information Agency.’’;

(2) in section 5315, by striking ‘‘Deputy Director of the United States Information

Agency.’’; and

(3) in section 5316, by striking ‘‘Deputy Director, Policy and Plans, United States Information Agency.’’ and striking ‘‘Associate

Director (Policy and Plans), United States

Information Agency.’’.

SEC. 344. AMENDMENTS TO UNITED STATES INFORMATION AND EDUCATIONAL EXCHANGE ACT OF 1948.

(a) IN GENERAL.—Except as otherwise provided in this section, the United States Information and Educational Exchange Act of

1948 (22 U.S.C. 1431 et seq.) is amended—

(1) by striking ‘‘United States Information

Agency’’ each place it appears and inserting

‘‘Department of State’’;

(2) by striking ‘‘Director of the United

States Information Agency’’ each place it

appears and inserting ‘‘Secretary of State’’;

(3) by striking ‘‘Director’’ each place it appears and inserting ‘‘Secretary of State’’;

(4) by striking ‘‘USIA’’ each place it appears and inserting ‘‘Department of State’’;

and

(5) by striking ‘‘Agency’’ each place it appears and inserting ‘‘Department of State’’.

(b) SATELLITE AND TELEVISION BROADCASTS.—Section 505 of the United States Information and Educational Exchange Act of

1948 (22 U.S.C. 1464a) is amended—

(1) by striking ‘‘Director of the United

States Information Agency’’ each of the four

places it appears and inserting ‘‘Secretary of

State’’;

(2) in subsection (b), by striking ‘‘To be effective, the United States Information Agency’’ and inserting ‘‘To be effective in carrying out this subsection, the Department of

State’’;

(3) by striking ‘‘USIA–TV’’ each place it

appears and inserting ‘‘DEPARTMENT OF

STATE–TV’’; and

(4) by striking subsection (e).

(c) UNITED STATES ADVISORY COMMISSION

ON PUBLIC DIPLOMACY.—Section 604 of the

United States Information and Educational

Exchange Act of 1948 (22 U.S.C. 1469) is

amended—

(1) in subsection (c)(1)—

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

States Information Agency,’’; and

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

and shall appraise the effectiveness of policies and programs of the Agency’’ and inserting ‘‘Secretary of State or the Department of

State, and shall appraise the effectiveness of

the information, educational, and cultural

policies and programs of the Department’’;

(2) in subsection (c)(2)—

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

Secretary of State, and the Director of the

United States Information Agency’’ and inserting ‘‘and the Secretary of State’’;

(B) in the second sentence by striking ‘‘by

the Agency’’ and inserting ‘‘by the Department of State’’; and

(C) by striking ‘‘Director for effectuating

the purposes of the Agency’’ and inserting

‘‘Secretary for effectuating the information,

educational, and cultural functions of the

Department’’;

(3) in subsection (c)(3), by striking ‘‘programs conducted by the Agency’’ and inserting ‘‘information, educational, and cultural

programs conducted by the Department of

State’’; and

(4) in subsection (c)(4), by striking ‘‘Director of the United States Information Agency’’ and inserting ‘‘Secretary of State’’.

SEC. 345. AMENDMENTS TO THE MUTUAL EDUCATIONAL AND CULTURAL EXCHANGE ACT OF 1961 (FULBRIGHTHAYS ACT).

(a) IN GENERAL.—The Mutual Educational

and Cultural Exchange Act of 1961 (22 U.S.C.

2451 et seq.) is amended by striking ‘‘Director of the International Communication

Agency’’ and ‘‘Director’’ each place either

term appears and inserting ‘‘Secretary of

State’’.

(b) REPEAL OF DEFUNCT ADVISORY COMMISSIONS.—Section 106 of such Act (22 U.S.C.

2456) is amended by striking subsection (c).

(c) BUREAU OF EDUCATIONAL AND CULTURAL

AFFAIRS.—Section 112 of the Mutual Educational and Cultural Exchange Act of 1961

(22 U.S.C. 2460) is amended—

(1) by striking the first sentence of subsection (a);

(2) by striking ‘‘Bureau’’ each place it appears and inserting ‘‘Department of State’’;

and

(3) by striking subsection (e).

SEC. 346. INTERNATIONAL BROADCASTING ACTIVITIES.

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

Relations Authorization Act, Fiscal Years

1994 and 1995 (Public Law 103–236) is amended—

(1) in section 305(b)(1), by striking ‘‘Agency’s’’ and inserting ‘‘Department’s’’;

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

through the Director of the United States Information Agency,’’ and inserting ‘‘, acting

through the Under Secretary of State for

Public Diplomacy,’’;

(3) by striking ‘‘Director of the United

States Information Agency’’ each place it

appears and inserting ‘‘Secretary of State’’;

(4) by striking all references to ‘‘United

States Information Agency’’ that were not

stricken in paragraph (3) and inserting ‘‘Department of State’’;

(5) by striking ‘‘Bureau’’ each place it appears and inserting ‘‘Office’’; and

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

and inserting ‘‘title (including activities of

the Voice of America previously carried out

by the United States Information Agency),’’.

(b) CONFORMING AMENDMENT TO TITLE 5.—

Section 5315 of title 5, United States Code, is

amended by striking ‘‘Director of the International Broadcasting Bureau, the United

States Information Agency’’ and inserting

‘‘Director of the International Broadcasting

Office, the Department of State’’.
May 17, 1995 CONGRESSIONAL RECORD — HOUSE H 5197

SEC. 347. TELEVISION BROADCASTING TO CUBA.

(a) AUTHORITY.—Section 243(a) of the Television Broadcasting to Cuba Act (as contained in part D of title II of Public Law 101–

246) (22 U.S.C. 1465bb(a)) is amended by striking ‘‘United States Information Agency

(hereafter in this part referred to as the

‘Agency’)’’ and inserting ‘‘Department of

State (hereafter in this part referred to as

the ‘Department’)’’.

(b) TELEVISION MARTI SERVICE.—Section

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

(1) in subsection (a)—

(A) by amending the first sentence to read

as follows: ‘‘The Secretary of State shall administer within the Voice of America the

Television Marti Service.’’; and

(B) in the third sentence, by striking ‘‘Director of the United States Information

Agency’’ and inserting ‘‘Secretary of State’’;

(2) in subsection (b)—

(A) in the subsection heading, by striking

‘‘USIA’’ and inserting ‘‘DEPARTMENT OF

STATE’’,

(B) by striking ‘‘Agency facilities’’ and inserting ‘‘Department facilities’’; and

(C) by striking ‘‘United States Information

Agency Television Service’’ and inserting

‘‘Department of State Television Service’’;

and

(3) in subsection (c)—

(A) by striking ‘‘USIA AUTHORITY.—The

Agency’’ and inserting ‘‘SECRETARY OF STATE

AUTHORITY.—The Secretary of State’’; and

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

it appears and inserting ‘‘Secretary of

State’’.

(c) ASSISTANCE FROM OTHER GOVERNMENT

AGENCIES.—Section 246 of such Act (22 U.S.C.

1465dd) is amended—

(1) by striking ‘‘United States Information

Agency’’ and inserting ‘‘Department of

State’’; and

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

‘‘the Department’’.

(d) AUTHORIZATION OF APPROPRIATIONS.—

Section 247(a) of such Act (22 U.S.C.

1465ee(a)) is repealed.

SEC. 348. RADIO BROADCASTING TO CUBA.

(a) FUNCTIONS OF THE DEPARTMENT OF

STATE.—Section 3 of the Radio Broadcasting

to Cuba Act (22 U.S.C. 1465a) is amended—

(1) in the section heading, by striking

‘‘UNITED STATES INFORMATION AGENCY’’ and

inserting ‘‘DEPARTMENT OF STATE’’;

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

States Information Agency (hereafter in this

Act referred to as the ‘Agency’)’’ and inserting ‘‘Department of State (hereafter in this

Act referred to as the ‘Department’)’’; and

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

of the United States Information Agency’’

and inserting ‘‘Secretary of State’’.

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

(22 U.S.C. 1465b) is amended—

(1) by amending the first sentence to read

as follows: ‘‘The Secretary of State shall administer within the Voice of America the

Cuba Service (hereafter in this section referred to as the ‘Service’).’’; and

(2) in the third sentence, by striking ‘‘Director of the United States Information

Agency’’ and inserting ‘‘Secretary of State’’.

(c) ASSISTANCE FROM OTHER GOVERNMENT

AGENCIES.—Section 6 of such Act (22 U.S.C.

1465d) is amended—

(1) in subsection (a)—

(A) by striking ‘‘United States Information

Agency’’ and inserting ‘‘Department of

State’’; and

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

‘‘the Department’’; and

(2) in subsection (b)—

(A) by striking ‘‘The Agency’’ and inserting ‘‘The Department’’; and

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

‘‘the Secretary of State’’.

(d) FACILITY COMPENSATION.—Section 7 of

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

(1) in subsection (b), by striking ‘‘the

Agency’’ and inserting ‘‘the Department’’;

and

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

and inserting ‘‘Department’’.

(e) AUTHORIZATION OF APPROPRIATIONS.—

Section 8 of such Act (22 U.S.C. 1465f) is

amended—

(1) by striking subsections (a) and (b) and

inserting the following:

‘‘(a) The amount obligated by the Department of State each fiscal year to carry out

this Act shall be sufficient to maintain

broadcasts to Cuba under this Act at rates

no less than the fiscal year 1985 level of obligations by the former United States Information Agency for such broadcasts.’’; and

(2) by redesignating subsection (c) as subsection (b).

SEC. 349. NATIONAL ENDOWMENT FOR DEMOCRACY.

(a) GRANTS.—Section 503 of Public Law 98–

164, as amended (22 U.S.C. 4412) is amended—

(1) in subsection (a)—

(A) by striking ‘‘Director of the United

States Information Agency’’ and inserting

‘‘Secretary of State’’;

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

‘‘the Department of State’’; and

(C) by striking ‘‘the Director’’ and inserting ‘‘the Secretary of State’’; and

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

States Information Agency’’ and inserting

‘‘Department of State’’.

(b) AUDITS.—Section 504(g) of such Act (22

U.S.C. 4413(g)) is amended by striking ‘‘United States Information Agency’’ and inserting

‘‘Department of State’’.

(c) FREEDOM OF INFORMATION.—Section 506

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

(1) in subsection (b)—

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

three places it appears and inserting ‘‘Secretary’’; and

(B) by striking ‘‘of the United States Information Agency’’ and inserting ‘‘of State’’;

and

(2) in subsection (c)—

(A) in the subsection heading by striking

‘‘USIA’’ and inserting ‘‘DEPARTMENT OF

STATE’’;

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

three places it appears and inserting ‘‘Secretary’’;

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

and

(D) by striking ‘‘United States Information

Agency’’ and inserting ‘‘Department of

State’’.

SEC. 350. UNITED STATES SCHOLARSHIP PROGRAM FOR DEVELOPING COUNTRIES.

(a) PROGRAM AUTHORITY.—Section 603 of

the Foreign Relations Authorization Act,

Fiscal Years 1986 and 1987 (22 U.S.C. 4703) is

amended by striking ‘‘United States Information Agency’’ and inserting ‘‘Department

of State’’.

(b) GUIDELINES.—Section 604(11) of such

Act (22 U.S.C. 4704(11)) is amended by striking ‘‘United States Information Agency’’ and

inserting ‘‘Department of State’’.

(c) POLICY REGARDING OTHER INTERNATIONAL EDUCATIONAL PROGRAMS.—Section

606(b) of such Act (22 U.S.C. 4706(b)) is

amended—

(1) in the subsection heading, by striking

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

and

(2) by striking ‘‘Director of United States

Information Agency’’ and inserting ‘‘Secretary of State’’.

(d) GENERAL AUTHORITIES.—Section 609(e)

of such Act (22 U.S.C. 4709(e)) is amended by

striking ‘‘United States Information Agency’’ and inserting ‘‘Department of State’’.

SEC. 351. FASCELL FELLOWSHIP BOARD.

Section 1003(b) of the Fascell Fellowship

Act (22 U.S.C. 4902(b)) is amended—

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

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

(2) by striking paragraph (3); and

(3) by redesignating paragraph (4) as paragraph (3).

SEC. 352. NATIONAL SECURITY EDUCATION

BOARD.

Section 803 of the Intelligence Authorization Act, Fiscal Year 1992 (50 U.S.C. 1903(b))

is amended—

(1) in subsection (b)—

(A) by striking paragraph (6); and

(B) by redesignating paragraphs (7) and (8)

as paragraphs (6) and (7); and

(2) in subsection (c), by striking ‘‘subsection (b)(7)’’ and inserting ‘‘subsection

(b)(6)’’.

SEC. 353. CENTER FOR CULTURAL AND TECHNICAL INTERCHANGE BETWEEN

NORTH AND SOUTH.

Section 208 of the Foreign Relations Authorization Act, Fiscal Years 1992 and 1993

(22 U.S.C. 2075) is amended by striking ‘‘Director of the United States Information

Agency’’ each place it appears and inserting

‘‘Secretary of State’’.

SEC. 354. EAST-WEST CENTER.

(a) DUTIES.—Section 703 of the Mutual Security Act of 1960 (22 U.S.C. 2055) is amended—

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

striking ‘‘Director of the United States Information Agency (hereinafter referred to as

the ‘Director’)’’ and inserting ‘‘Secretary of

State (hereinafter referred to as the ‘Secretary’)’’; and

(2) in paragraph (1), by striking ‘‘establishment and’’.

(b) ADMINISTRATION.—Section 704 of such

Act (22 U.S.C. 2056) is amended—

(1) by striking ‘‘Director of the United

States Information Agency’’ and inserting

‘‘Secretary of State’’; and

(2) by striking ‘‘Director’’ each place it appears and inserting ‘‘Secretary’’.

SEC. 355. MISSION OF THE DEPARTMENT OF

STATE.

Section 202 of the Foreign Relations Authorization Act, Fiscal Year 1979 (22 U.S.C.

1461–1) is amended—

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

Agency’’ and inserting ‘‘mission of the Department of State in carrying out its information, educational, and cultural functions’’;

(2) in the second sentence, in the text

above paragraph (1), by striking ‘‘International Communication Agency’’ and inserting ‘‘Department of State’’;

(3) in paragraph (1)(B), by striking ‘‘Agency’’ and inserting ‘‘Department’’; and

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

the Agency’’ and inserting ‘‘mission described in this section’’.

SEC. 356. CONSOLIDATION OF ADMINISTRATIVE

SERVICES.

Section 23(a) of the State Department

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

2695(a)) is amended—

(1) by striking ‘‘(including’’ and all that

follows through ‘‘Agency)’’; and

(2) by striking ‘‘other such agencies’’ and

inserting ‘‘other Federal agencies’’.

SEC. 357. GRANTS.

Section 212 of the Foreign Relations Authorization Act, Fiscal Years 1992 and 1993

(22 U.S.C. 1475h) is amended—

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

States Information Agency’’ and inserting

‘‘Department of State, in carrying out its

international information, educational, and

cultural functions,’’;
H 5198 CONGRESSIONAL RECORD — HOUSE May 17, 1995

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

States Information Agency’’ and inserting

‘‘Department of State’’;

(3) in subsection (c)—

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

States Information Agency shall substantially comply with United States Information Agency’’ and inserting ‘‘Department of

State, in carrying out its international information, educational, and cultural functions, shall substantially comply with Department of State’’; and

(B) in paragraphs (2) and (3)—

(i) by striking ‘‘United States Information

Agency’’ and inserting ‘‘Department of

State’’; and

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

places it appears and inserting ‘‘Department’’; and

(4) by striking subsection (d).

SEC. 358. BAN ON DOMESTIC ACTIVITIES.

Section 208 of the Foreign Relations Authorization Act, Fiscal Years 1986 and 1987

(22 U.S.C. 1461–1a) is amended—

(1) by striking out ‘‘United States Information Agency’’ each of the two places it appears and inserting ‘‘Department of State’’;

and

(2) by inserting ‘‘in carrying out its international information, educational, and cultural activities’’ before ‘‘shall be distributed’’.

SEC. 359. CONFORMING REPEAL TO THE ARMS

CONTROL AND DISARMAMENT ACT.

Section 34(b) of the Arms Control and Disarmament Act (22 U.S.C. 2574(b)) is repealed.

SEC. 360. REPEAL RELATING TO PROCUREMENT

OF LEGAL SERVICES.

Section 26(b) of the State Department

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

2698(b)) is repealed.

SEC. 361. REPEAL RELATING TO PAYMENT OF

SUBSISTENCE EXPENSES.

Section 32 of the State Department Basic

Authorities Act of 1956 (22 U.S.C. 2704) is

amended by striking the second sentence.

SEC. 362. CONFORMING AMENDMENT TO THE

SEED ACT.

Section 2(c) of the Support for East European Democracy (SEED) Act of 1989 (22

U.S.C. 5401(c)) is amended in paragraph (17)

by striking ‘‘United States Information

Agency’’ and inserting ‘‘Department of

State’’.

SEC. 363. INTERNATIONAL CULTURAL AND

TRADE CENTER COMMISSION.

Section 7(c) of the Federal Triangle Development Act (40 U.S.C. 1106(c)) is amended—

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

striking ‘‘15 members’’ and inserting ‘‘14

members’’;

(2) by striking subparagraph (F); and

(3) by redesignating subparagraphs (G)

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

respectively.

SEC. 364. FOREIGN SERVICE ACT OF 1980.

(a) OTHER AGENCIES UTILIZING SERVICE.—

Section 202(a) of the Foreign Service Act of

1980 (22 U.S.C. 3922(a)) is amended by striking

paragraph (1).

(b) BOARD OF THE FOREIGN SERVICE.—Section 210 of such Act (22 U.S.C. 3930) is amended by striking ‘‘the United States Information Agency, the United States International

Development Cooperation Agency,’’.

SEC. 365. AU PAIR PROGRAMS.

Section 8 of the Eisenhower Exchange Fellowship Act of 1990 (Public Law 101–454) is

amended by striking ‘‘Director of the United

States Information Agency’’ and inserting

‘‘Secretary of State’’.

SEC. 366. EXCHANGE PROGRAM WITH COUNTRIES

IN TRANSITION FROM TOTALITARIANISM TO DEMOCRACY.

Section 602 of the National and Community Service Act of 1990 (22 U.S.C. 2452a) is

amended—

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

by striking ‘‘United States Information

Agency’’ and inserting ‘‘Department of

State’’; and

(2) in subsection (b)—

(A) by striking ‘‘appropriations account of

the United States Information Agency’’ and

inserting ‘‘appropriate appropriations account of the Department of State’’; and

(B) by striking ‘‘and the United States Information Agency’’.

SEC. 367. EDMUND S. MUSKIE FELLOWSHIP PROGRAM.

Section 227 of the Foreign Relations Authorization Act, Fiscal Years 1992 and 1993

(22 U.S.C. 2452 note) is amended—

(1) by striking ‘‘United States Information

Agency’’ and inserting ‘‘Department of

State’’; and

(2) by striking subsection (d).

SEC. 368. IMPLEMENTATION OF CONVENTION ON

CULTURAL PROPERTY.

Title III of the Convention on Cultural

Property Implementation Act (19 U.S.C. 2601

et seq.) is amended by striking ‘‘Director of

the United States Information Agency’’ each

place it appears and inserting ‘‘Secretary of

State’’.

SEC. 369. MIKE MANSFIELD FELLOWSHIPS.

Section 252(a) of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995

(22 U.S.C. 6101(a)) is amended by striking

‘‘Director of the United States Information

Agency’’ and inserting ‘‘Secretary of State’’.

TITLE IV—AGENCY FOR INTERNATIONAL

DEVELOPMENT

CHAPTER 1—GENERAL PROVISIONS

SEC. 401. EFFECTIVE DATE.

(a) IN GENERAL.—Except as provided in

subsection (b), this title, and the amendments made by this title, shall take effect—

(1) on March 1, 1997; or

(2) on such earlier date as the President

shall determine to be appropriate and announce by notice published in the Federal

Register, which date may be not earlier than

60 calendar days (excluding any day on which

either House of Congress is not in session because of an adjournment sine die) after the

President has submitted a reorganization

plan to the appropriate congressional committees pursuant to section 421.

(b) REORGANIZATION PLAN.—Section 421

shall take effect on the date of enactment of

this Act.

SEC. 402. REFERENCES IN TITLE.

Except as specifically provided in this

title, whenever in this title an amendment

or repeal is expressed in terms of an amendment to, or repeal of, a provision, the reference shall be considered to be made to a

provision of the Foreign Assistance Act of

1961.

CHAPTER 2—ABOLITION OF THE AGENCY

FOR INTERNATIONAL DEVELOPMENT

AND TRANSFER OF FUNCTIONS TO SECRETARY OF STATE

SEC. 411. ABOLITION OF AGENCY FOR INTERNATIONAL DEVELOPMENT AND THE

INTERNATIONAL DEVELOPMENT COOPERATION AGENCY.

The Agency for International Development

and the International Development Cooperation Agency are abolished.

SEC. 412. TRANSFER OF FUNCTIONS TO SECRETARY OF STATE.

There are transferred to the Secretary of

State all functions of the Administrator of

the Agency for International Development

and the Director of the International Development Cooperation Agency and all functions of the Agency for International Development and the International Development

Cooperation Agency and any officer or component of such agencies under any statute,

reorganization plan, Executive order, or

other provision of law before the effective

date of this title, except as otherwise provided in this title.

CHAPTER 3—REORGANIZATION OF DEPARTMENT OF STATE RELATING TO

FUNCTIONS TRANSFERRED UNDER THIS

TITLE

SEC. 421. REORGANIZATION PLAN.

(a) SUBMISSION OF PLAN.—Not later than

March 1, 1996, the President, in consultation

with the Secretary and the Administrator of

the Agency for International Development,

shall transmit to the appropriate congressional committees a reorganization plan providing for—

(1) the abolition of the Agency for International Development in accordance with

this title;

(2) the transfer to the Department of State

of the functions and personnel of the Agency

for International Development consistent

with the provisions of this title; and

(3) the consolidation, reorganization, and

streamlining of the Department upon the

transfer of functions under this title in order

to carry out such functions.

(b) PLAN ELEMENTS.—The plan under subsection (a) shall—

(1) identify the functions of the Agency for

International Development that will be

transferred to the Department under the

plan;

(2) identify the personnel and positions of

the Agency (including civil service personnel, Foreign Service personnel, and

detailees) that will be transferred to the Department, separated from service with the

Agency, or be eliminated under the plan, and

set forth a schedule for such transfers, separations, and terminations;

(3) identify the personnel and positions of

the Department (including civil service personnel, Foreign Service personnel, and

detailees) that will be transferred within the

Department, separated from service with the

Department, or eliminated under the plan,

and set forth a schedule for such transfers,

separations, and terminations;

(4) specify the consolidations and reorganization of functions of the Department that

will be required under the plan in order to

permit the Department to carry out the

functions transferred to the Department

under the plan;

(5) specify the funds available to the Agency for International Development that will

be transferred to the Department under this

title as a result of the transfer of functions

of the Agency to the Department;

(6) specify the proposed allocations within

the Department of unexpended funds transferred in connection with the transfer of

functions under the plan; and

(7) specify the proposed disposition of the

property, facilities, contracts, records, and

other assets and liabilities of the Agency in

connection with the transfer of the functions

of the Agency to the Department.

(c) ASSISTANT SECRETARY POSITIONS.—The

plan under subsection (a) shall provide for an

appropriate number of Assistant Secretaries

of State to carry out the functions transferred to the Department under this title.

SEC. 422. PRINCIPAL OFFICERS.

(a) UNDER SECRETARY OF STATE FOR DEVELOPMENT AND ECONOMIC AFFAIRS.—

(1) ESTABLISHMENT.—Section 1(b) of the

State Department Basic Authorities Act of

1956 (22 U.S.C. 2651a(b)) is amended by adding

after paragraph (2) the following new paragraph:

‘‘(3) UNDER SECRETARY FOR DEVELOPMENT

AND ECONOMIC AFFAIRS.—There shall be in the

Department of State an Under Secretary for

Development and Economic Affairs who

shall assist the Secretary and the Deputy

Secretary in the formation and implementation of United States policies and activities
May 17, 1995 CONGRESSIONAL RECORD — HOUSE H 5199

concerning international development and

economic affairs.’’.

(b) TRANSITION PROVISION.—The President

may appoint the individual serving as Administrator of the Agency for International

Development on the day before the effective

date of this title, or such other official appointed by and with the advice and consent

of the Senate and serving within the Department of State or the Agency for International Development as the President considers appropriate, to serve as the acting

Under Secretary for Development and Economic Affairs until an individual is appointed to that office in accordance with section 1(b)(1) of the State Department Basic

Authorities Act of 1956, as amended by this

Act.

CHAPTER 4—CONFORMING AMENDMENTS

SEC. 441. REFERENCES.

Any reference in any statute, reorganization plan, Executive order, regulation, agreement, determination, or other official document or proceeding to—

(1) the Administrator of the Agency for

International Development, or any other officer or employee of the Agency for International Development shall be deemed to

refer to the Secretary of State;

(2) the Director or any other officer or employee of the International Development Cooperation Agency (IDCA) shall be deemed to

refer to the Secretary of State; or

(3) the Agency for International Development, AID, the agency primarily responsible

for administering part I of the Foreign Assistance Act of 1961, or the International Development Cooperation Agency (IDCA) shall

be deemed to refer to the Department of

State.

SEC. 442. ABOLITION OF OFFICE OF INSPECTOR

GENERAL OF THE AGENCY FOR

INTERNATIONAL DEVELOPMENT

AND TRANSFER OF FUNCTIONS TO

OFFICE OF INSPECTOR GENERAL OF

THE DEPARTMENT OF STATE.

(a) ABOLITION OF OFFICE OF INSPECTOR GENERAL OF THE AGENCY FOR INTERNATIONAL DEVELOPMENT.—The Office of Inspector General

of the Agency for International Development

is abolished.

(b) AMENDMENTS TO THE INSPECTOR GENERAL ACT OF 1978.—The Inspector General

Act of 1978 (5 U.S.C. App.) is amended as follows:

(1) Section 8A is repealed.

(2) Section 11(1) is amended by striking

‘‘the Administrator of the Agency for International Development,’’.

(3) Section 11(2) is amended by striking

‘‘the Agency for International Development,’’.

(c) AMENDMENTS TO TITLE 5, UNITED STATES

CODE.—Section 5315 of title 5, United States

Code, is amended by striking the following:

‘‘Inspector General, Agency for International

Development.’’.

(d) FUNCTIONS OF OFFICE OF INSPECTOR GENERAL OF THE AGENCY FOR INTERNATIONAL DEVELOPMENT TRANSFERRED TO OFFICE OF INSPECTOR GENERAL OF THE DEPARTMENT OF

STATE.—There are transferred to the Office

of Inspector General of the Department of

State the functions that the Office of Inspector General of the Agency for International

Development exercised before the effective

date of this title (including all related functions of the Inspector General of the Agency

for International Development).

(e) TRANSFER AND ALLOCATIONS OF APPROPRIATIONS AND PERSONNEL.—The Inspector

General of the Department of State, is authorized to make such incidental dispositions of personnel, assets, liabilities, grants,

contracts, property, records, and unexpended

balances of appropriations, authorizations,

allocations, and other funds held, used, arising from, available to, or to be made available in connection with such functions, as

may be necessary to carry out the provisions

of this section.

SEC. 443. ABOLITION OF CHIEF FINANCIAL OFFICER OF THE AGENCY FOR INTERNATIONAL DEVELOPMENT AND

TRANSFER OF FUNCTIONS TO CHIEF

FINANCIAL OFFICER DEPARTMENT

OF STATE.

(a) ABOLITION OF OFFICE OF CHIEF FINANCIAL OFFICER OF THE AGENCY FOR INTERNATIONAL DEVELOPMENT.—The Office of Chief

Financial Officer of the Agency for International Development is abolished.

(b) AMENDMENT TO TITLE 31, UNITED STATES

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

States Code, is amended by striking subparagraph (A).

(c) FUNCTIONS OF OFFICE OF CHIEF FINANCIAL OFFICER OF THE AGENCY FOR INTERNATIONAL DEVELOPMENT TRANSFERRED TO OFFICE OF CHIEF FINANCIAL OFFICER OF THE DEPARTMENT OF STATE.—There are transferred

to the Office of Chief Financial Officer of the

Department of State the functions that the

Office of Chief Financial Officer of the Agency for International Development exercised

before the effective date of this title (including all related functions of the Chief Financial Officer of the Agency for International

Development).

(d) TRANSFER AND ALLOCATIONS OF APPROPRIATIONS AND PERSONNEL.—The Director of

the Office of Management and Budget, in

consultation with the Secretary of State, is

authorized to make such incidental dispositions of personnel, assets, liabilities, grants,

contracts, property, records, and unexpended

balances of appropriations, authorizations,

allocations, and other funds held, used, arising from, available to, or to be made available in connection with such functions, as

may be necessary to carry out the provisions

of this section.

SEC. 444. AMENDMENTS TO TITLE 5, UNITED

STATES CODE.

Title 5, United States Code, is amended—

(1) in section 5313, by striking ‘‘Administrator, Agency for International Development.’’;

(2) in section 5314, by striking ‘‘Deputy Administrator, Agency for International Development.’’;

(3) in section 5315—

(A) by striking ‘‘Assistant Administrators,

Agency for International Development (6).’’;

and

(B) by striking ‘‘Regional Assistant Administrators, Agency for International Development (4).’’; and

(4) in section 5316 by striking ‘‘General

Counsel of the Agency for International Development.’’.

SEC. 445. PUBLIC LAW 480 PROGRAM.

The Agricultural Trade Development and

Assistance Act of 1954 (Public Law 83–480; 7

U.S.C. 1691 et seq.) is amended by striking

‘‘Administrator’’ each place it appears and

inserting ‘‘Under Secretary of State for Development and Economic Affairs’’.

TITLE V—TRANSITION

SEC. 501. REORGANIZATION AUTHORITY.

(a) IN GENERAL.—The Secretary is authorized, subject to the requirements of this division, to allocate or reallocate any function

transferred to the Department under any

title of this division among the officers of

the Department, and to establish, consolidate, alter, or discontinue such organizational entities within the Department as

may be necessary or appropriate to carry out

any reorganization under this division, but

the authority of the Secretary under this

section does not extend to—

(1) the abolition of organizational entities

or officers established by this Act or any

other Act; or

(2) the alteration of the delegation of functions to any specific organizational entity or

officer required by this Act or any other Act.

(b) REQUIREMENTS AND LIMITATIONS ON REORGANIZATION PLANS.—A reorganization plan

pursuant to any title of this division may

not have the effect of—

(1) creating a new executive department;

(2) continuing a function beyond the period

authorized by law for its exercise or beyond

the time when it would have terminated if

the reorganization had not been made;

(3) authorizing an agency to exercise a

function which is not authorized by law at

the time the plan is transmitted to Congress;

(4) creating a new agency which is not a

component or part of an existing executive

department or independent agency; or

(5) increasing the term of an office beyond

that provided by law for the office.

SEC. 502. TRANSFER AND ALLOCATION OF APPROPRIATIONS AND PERSONNEL.

(a) IN GENERAL.—Except as otherwise provided in this Act, the personnel employed in

connection with, and the assets, liabilities,

contracts, property, records, and unexpended

balance of appropriations, authorizations, allocations, and other funds employed, held,

used, arising from, available to, or to be

made available in connection with the functions and offices, or portions thereof transferred by any title of this division, subject to

section 1531 of title 31, United States Code,

shall be transferred to the Secretary for appropriate allocation.

(b) LIMITATION ON USE OF TRANSFERRED

FUNDS.—Unexpended and unobligated funds

transferred pursuant to any title of this division shall be used only for the purposes for

which the funds were originally authorized

and appropriated.

(c) AUTHORIZED STRENGTH OF THE FOREIGN

SERVICE.—When an agency is abolished under

this division, the limitations for fiscal years

1996 and 1997 under section 2351 of this Act on

the members of the Foreign Service authorized to be employed by such agency shall be

added to the limitations under such section

which apply to the Department of State.

SEC. 503. INCIDENTAL TRANSFERS.

The Director of the Office of Management

and Budget, in consultation with the Secretary of State, is authorized to make such

incidental dispositions of personnel, assets,

liabilities, grants, contracts, property,

records, and unexpended balances of appropriations, authorizations, allocations, and

other funds held, used, arising from, available to, or to be made available in connection with such functions, as may be necessary to carry out the provisions of any

title of this division. The Director of the Office of Management and Budget, in consultation with the Secretary of State, shall provide for the termination of the affairs of all

entities terminated by this division and for

such further measures and dispositions as

may be necessary to effectuate the purposes

of any title of this division.

SEC. 504. EFFECT ON PERSONNEL.

(a) EXECUTIVE SCHEDULE POSITIONS.—Except as otherwise provided in this division,

any person who, on the day preceding the

date of the abolition of an agency the functions of which are transferred under any

title of this division, held a position compensated in accordance with the Executive

Schedule prescribed in chapter 53 of title 5,

United States Code, and who, without a

break in service, is appointed in the Department to a position having duties comparable

to the duties performed immediately preceding such appointment shall continue to be

compensated in such new position at not less

than the rate provided for such previous position, for the duration of the service of such

person in such new position.
H 5200 CONGRESSIONAL RECORD — HOUSE May 17, 1995

(b) TERMINATION OF CERTAIN POSITIONS.—

Positions whose incumbents are appointed

by the President, by and with the advice and

consent of the Senate, the functions of which

are transferred by any title of this division,

shall terminate on the effective date of that

title.

(c) EXCEPTED SERVICE.—(1) Subject to paragraph (2), in the case of employees occupying

positions in the excepted service or the Senior Executive Service, any appointment authority established pursuant to law or regulations of the Office of Personnel Management for filling such positions shall be transferred.

(2) The Department of State may decline a

transfer of authority under paragraph (1)

(and the employees appointed pursuant

thereto) to the extent that such authority

relates to positions excepted from the competitive service because of their confidential,

policy-making, policy-determining, or policy-advocating character, and noncareer positions in the Senior Executive Service

(within the meaning of section 3132(a)(7) of

title 5, United States Code).

(d) EMPLOYEE BENEFIT PROGRAMS.—(1) Any

employee accepting employment with the

Department of State as a result of a transfer

pursuant to any title of this division may retain for 1 year after the date such transfer

occurs membership in any employee benefit

program of the former agency, including insurance, to which such employee belongs on

the date of the enactment of this Act if—

(A) the employee does not elect to give up

the benefit or membership in the program;

and

(B) the benefit or program is continued by

the Secretary of State.

(2) The difference in the costs between the

benefits which would have been provided by

such agency or entity and those provided by

this section shall be paid by the Secretary of

State. If any employee elects to give up

membership in a health insurance program

or the health insurance program is not continued by the Secretary of State, the employee shall be permitted to select an alternate Federal health insurance program within 30 days of such election or notice, without

regard to any other regularly scheduled open

season.

(e) SENIOR EXECUTIVE SERVICE.—Any employee in the career Senior Executive Service who is transferred pursuant to any title

of this division shall be placed in a position

at the Department of State which is comparable to the position the employee held in

the agency.

(f) ASSIGNMENTS.—(1) Transferring employees shall be provided reasonable notice of

new positions and assignments prior to their

transfer pursuant to any title of this division.

(2) Foreign Service personnel transferred

to the Department of State pursuant to any

title of this division shall be eligible for any

assignment open to Foreign Service personnel within the Department for which such

transferred personnel are qualified.

(g) TREATMENT OF PERSONNEL EMPLOYED IN

TERMINATED FUNCTIONS.—The provisions of

this subsection shall apply with respect to

officers and employees of the agencies identified in section 505(b) whose employment is

terminated as a result of the abolition of the

agency or the reorganization and consolidation of functions of the Department of State

under any title of this division:

(1) Under such regulations as the Office of

Personnel Management may prescribe, the

head of any agency in the executive branch

may appoint in the competitive service any

person who is certified by the head of the

former agency as having served satisfactorily in the former agency and who passes

such examination as the Office of Personnel

Management may prescribe. Any person so

appointed shall, upon completion of the prescribed probationary period, acquire a competitive status.

(2) The head of any agency in the executive

branch having an established merit system

in the excepted service may appoint in such

service any person who is certified by the

head of the former agency as having served

satisfactorily in the former agency and who

passes such examination as the head of such

agency in the executive branch may prescribe.

(3) Any appointment under this subsection

shall be made within a period of one year

after completion of the appointee’s service in

the former agency.

(4) Any law, Executive order, or regulation

which would disqualify an applicant for appointment in the competitive service or in

the excepted service concerned shall also disqualify an applicant for appointment under

this subsection.

SEC. 505. VOLUNTARY SEPARATION INCENTIVES.

(a) AUTHORITY TO PAY INCENTIVES.—The

head of an agency referred to in subsection

(b) may pay voluntary incentive payments to

employees of the agency in order to avoid or

minimize the need for involuntary separations from the agency as a result of the abolition of the agency and the reorganization

and consolidation of functions of the Department of State under any title of this division.

(b) COVERED AGENCIES.—Subsection (a) applies to the following agencies:

(1) The Department of State.

(2) The United States Arms Control and

Disarmament Agency.

(3) The United States Information Agency.

(4) The Agency for International Development.

(c) PAYMENT REQUIREMENTS.—The head of

an agency shall pay voluntary separation incentive payments in accordance with the

provisions of section 3 of the Federal

Workforce Restructuring Act of 1994 (Public

Law 103–226; 108 Stat. 111), except that an

employee of the agency shall be deemed to

be eligible for payment of a voluntary separation incentive payment under that section

if the employee separates from service with

the agency during the period beginning on

the date of enactment of this Act and ending—

(1) in the case of an agency referred to in

paragraph (2), (3), or (4) of subsection (b), on

the date of the abolition of that agency

under this division; and

(2) in the case of the Department of State,

on September 30, 1997.

(d) TERMINATION OF AUTHORITY.—The authority of the head of an agency to authorize

payment of voluntary separation incentive

payments under this section shall expire

on—

(1) in the case of an agency referred to in

paragraph (2), (3), or (4) of subsection (b), on

the date of the abolition of that agency

under this division; and

(3) in the case of the Department of State,

September 30, 1997.

(e) BUDGET ACT COMPLIANCE.—Any new

spending authority (within the meaning of

section 401 of the Congressional Budget Act

of 1974) which is provided under this section

shall be effective for any fiscal year only to

the extent or in such amounts as are provided in advance in appropriations Acts.

(f) EFFECT OF SUBSEQUENT EMPLOYMENT

WITH THE GOVERNMENT.—An employee who

has received a voluntary separation incentive payment under this section and accepts

employment with the Government of the

United States within 5 years after the date

of the separation on which the payment is

based shall be required to repay the entire

amount of the incentive payment to the

agency that paid the incentive payment.

(g) ADDITIONAL AGENCY CONTRIBUTIONS TO

THE RETIREMENT FUND.—

(1) IN GENERAL.—In addition to any other

payments which it is required to make under

subchapter III of chapter 83 or chapter 84 of

title 5, United States Code, in fiscal years

1996, 1997, and 1998 each agency under subsection (b) of this section shall, before the

end of each such fiscal year, remit to the Office of Personnel Management for deposit in

the Treasury of the United States for credit

of the Civil Service Retirement and Disability Fund an amount equal to the product

of—

(A) the number of employees of such agency who, as of March 31st of such fiscal year,

are subject to subchapter III of chapter 83 or

chapter 84 of such title; multiplied by

(B) $80.

(2) REGULATIONS.—The Director of the Office of Personnel Management may prescribe

any regulations necessary to carry out this

subsection.

SEC. 506. SAVINGS PROVISIONS.

(a) CONTINUING LEGAL FORCE AND EFFECT.—

All orders, determinations, rules, regulations, permits, agreements, grants, contracts, certificates, licenses, registrations,

privileges, and other administrative actions—

(1) that have been issued, made, granted, or

allowed to become effective by the President, any Federal agency or official thereof,

or by a court of competent jurisdiction, in

the performance of functions that are transferred under any title of this division; and

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

takes effect, or were final before the effective date of such title and are to become effective on or after the effective date of such

title,

shall continue in effect according to their

terms until modified, terminated, superseded, set aside, or revoked in accordance

with law by the President, the Secretary, or

other authorized official, a court of competent jurisdiction, or by operation of law.

(b) PENDING PROCEEDINGS.—(1) The provisions of any title of this division shall not affect any proceedings, including notices of

proposed rulemaking, or any application for

any license, permit, certificate, or financial

assistance pending on the effective date of

any title of this division before any department, agency, commission, or component

thereof, functions of which are transferred

by any title of this division. Such proceedings and applications, to the extent that

they relate to functions so transferred, shall

be continued.

(2) Orders shall be issued in such proceedings, appeals shall be taken therefrom, and

payments shall be made pursuant to such orders, as if this Act had not been enacted. Orders issued in any such proceedings shall

continue in effect until modified, terminated, superseded, or revoked by the Secretary, by a court of competent jurisdiction,

or by operation of law.

(3) Nothing in this Act shall be deemed to

prohibit the discontinuance or modification

of any such proceeding under the same terms

and conditions and to the same extent that

such proceeding could have been discontinued or modified if this Act had not been

enacted.

(4) The Secretary is authorized to promulgate regulations providing for the orderly

transfer of proceedings continued under this

subsection to the Department.

(c) NO EFFECT ON JUDICIAL PROCEEDINGS.—

Except as provided in subsection (e)—

(1) the provisions of this Act shall not affect suits commenced prior to the effective

date of this Act, and
May 17, 1995 CONGRESSIONAL RECORD — HOUSE H 5201

(2) in all such suits, proceedings shall be

had, appeals taken, and judgments rendered

in the same manner and effect as if this Act

had not been enacted.

(d) NON-ABATEMENT OF PROCEEDINGS.—No

suit, action, or other proceeding commenced

by or against any officer in the official capacity of such individual as an officer of any

department or agency, functions of which

are transferred by any title of this division,

shall abate by reason of the enactment of

this Act. No cause of action by or against

any department or agency, functions of

which are transferred by any title of this division, or by or against any officer thereof in

the official capacity of such officer shall

abate by reason of the enactment of this Act.

(e) CONTINUATION OF PROCEEDING WITH SUBSTITUTION OF PARTIES.—If, before the date on

which any title of this division takes effect,

any department or agency, or officer thereof

in the official capacity of such officer, is a

party to a suit, and under this Act any function of such department, agency, or officer is

transferred to the Secretary or any other official of the Department, then such suit shall

be continued with the Secretary or other appropriate official of the Department substituted or added as a party.

(f) REVIEWABILITY OF ORDERS AND ACTIONS

UNDER TRANSFERRED FUNCTIONS.—Orders and

actions of the Secretary in the exercise of

functions transferred under any title of this

division shall be subject to judicial review to

the same extent and in the same manner as

if such orders and actions had been by the

agency or office, or part thereof, exercising

such functions immediately preceding their

transfer. Any statutory requirements relating to notice, hearings, action upon the

record, or administrative review that apply

to any function transferred by any title of

this division shall apply to the exercise of

such function by the Secretary.

SEC. 507. PROPERTY AND FACILITIES.

The Secretary of State shall review the

property and facilities transferred to the Department under this division to determine

whether such property and facilities are required by the Department.

SEC. 508. AUTHORITY OF SECRETARY TO FACILITATE TRANSITION.

Prior to, or after, any transfer of a function under any title of this division, the Secretary is authorized to utilize—

(1) the services of such officers, employees,

and other personnel of an agency with respect to functions that will be or have been

transferred to the Department by any title

of this division; and

(2) funds appropriated to such functions for

such period of time as may reasonably be

needed to facilitate the orderly implementation of any title of this division.

SEC. 509. RECOMMENDATIONS FOR ADDITIONAL

CONFORMING AMENDMENTS.

The Congress urges the President, in consultation with the Secretary of State and

the heads of other appropriate agencies, to

develop and submit to the Congress recommendations for such additional technical

and conforming amendments to the laws of

the United States as may be appropriate to

reflect the changes made by this division.

SEC. 510. FINAL REPORT.

Not later than October 1, 1998, the President, in consultation with the Secretary of

the Treasury and the Director of the Office

of Management and Budget shall submit to

the appropriate congressional committees a

report which provides a final accounting of

the finances and operations of the United

States Arms Control and Disarmament

Agency, the United States Information

Agency, and the Agency for International

Development.

SEC. 511. SEVERABILITY.

If a provision of this division or its application to any person or circumstance is held

invalid, neither the remainder of this division nor the application of the provision to

other persons or circumstances shall be affected.

DIVISION B—FOREIGN RELATIONS

AUTHORIZATIONS

TITLE XX—GENERAL PROVISIONS

SEC. 2001. SHORT TITLE.

This division may be cited as the ‘‘Foreign

Relations Authorization Act, Fiscal Years

1996 and 1997’’.

SEC. 2002. DEFINITIONS.

The following terms have the following

meaning for the purposes of this division:

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

International Development.

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

States Arms Control and Disarmament

Agency.

(3) The term ‘‘appropriate congressional

committees’’ means the Committee on International Relations of the House of Representatives and the Committee of Foreign

Relations of the Senate.

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

(5) The term ‘‘Federal agency’’ has the

meaning given to the term ‘‘agency’’ by section 551(1) of title 5, United States Code.

(6) The term ‘‘function’’ means any duty,

obligation, power, authority, responsibility,

right, privilege, activity, or program.

(7) The term ‘‘office’’ includes any office,

administration, agency, institute, unit, organizational entity, or component thereof.

(8) The term ‘‘Secretary’’ means the Secretary of State.

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

States Information Agency.

TITLE XXI—AUTHORIZATION OF APPROPRIATIONS FOR DEPARTMENT OF

STATE AND CERTAIN INTERNATIONAL

AFFAIRS FUNCTIONS AND ACTIVITIES

CHAPER 1—AUTHORIZATIONS OF

APPROPRIATIONS

SEC. 2101. ADMINISTRATION OF FOREIGN AFFAIRS.

(a) AUTHORIZATION OF APPROPRIATIONS.—

The following amounts are authorized to be

appropriated for the Department of State

under ‘‘Administration of Foreign Affairs’’

to carry out the authorities, functions, duties, and responsibilities in the conduct of

the foreign affairs of the United States and

for other purposes authorized by law, including the diplomatic security program:

(1) DIPLOMATIC AND CONSULAR PROGRAMS.—

(A) AUTHORIZATION OF APPROPRIATIONS.—

For ‘‘Diplomatic and Consular Programs’’, of

the Department of State $1,728,797,000 for the

fiscal year 1996 and $1,676,903,000 for the fiscal

year 1997.

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

$5,000,000 for fiscal year 1996 and $5,000,000 for

fiscal year 1997 are authorized to be appropriated only for the purpose of processing

immigrant visas for persons who are outside

their countries of nationality, have asserted

a fear of returning to their countries of nationality and a credible basis for such fear,

and for whom immigrant visas are currently

available.

(2) SALARIES AND EXPENSES.—

(A) AUTHORIZATION OF APPROPRIATIONS.—

For ‘‘Salaries and Expenses’’, of the Department of State $366,276,000 for the fiscal year

1996 and $355,287,000 for the fiscal year 1997.

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

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

for fiscal year 1997 are authorized to be appropriated only for salaries and expenses of

the Bureau of Refugee and Migration Assistance.

(3) CAPITAL INVESTMENT FUND.—For ‘‘Capital Investment Fund’’, of the Department of

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

$20,000,000 for the fiscal year 1997.

(4) ACQUISITION AND MAINTENANCE OF BUILDINGS ABROAD.—For ‘‘Acquisition and Maintenance of Buildings Abroad’’, $391,760,000 for

the fiscal year 1996 and $391,760,000 for the

fiscal year 1997.

(5) REPRESENTATION ALLOWANCES.—For

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

the fiscal year 1996 and $4,780,000 for the fiscal year 1997.

(6) EMERGENCIES IN THE DIPLOMATIC AND

CONSULAR SERVICE.—For ‘‘Emergencies in the

Diplomatic and Consular Service’’, $6,000,000

for the fiscal 1996 and $6,000,000 for the fiscal

year 1997.

(7) OFFICE OF THE INSPECTOR GENERAL.—For

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

for the fiscal year 1996 and $23,469,000 for the

fiscal year 1997.

(8) PAYMENT TO THE AMERICAN INSTITUTE IN

TAIWAN.—For ‘‘Payment to the American Institute in Taiwan’’, $15,165,000 for the fiscal

year 1996 and $14,710,000 for the fiscal year

1997.

(9) PROTECTION OF FOREIGN MISSIONS AND

OFFICIALS.—For ‘‘Protection of Foreign Missions and Officials’’, $9,579,000 for the fiscal

year 1996 and $9,579,000 for the fiscal year

1997.

(10) REPATRIATION LOANS.—For ‘‘Repatriation Loans’’, $776,000 for the fiscal year 1996

and $776,000 for the fiscal year 1997, for administrative expenses.

SEC. 2102. INTERNATIONAL ORGANIZATIONS,

PROGRAMS, AND CONFERENCES.

(a) ASSESSED CONTRIBUTIONS TO INTERNATIONAL ORGANIZATIONS.—There are authorized to be appropriated for ‘‘Contributions to

International Organizations’’, $873,505,000 for

the fiscal year 1996 and $867,050,000 for the

fiscal year 1997 for the Department of State

to carry out the authorities, functions, duties, and responsibilities in the conduct of

the foreign affairs of the United States with

respect to international organizations and to

carry out other authorities in law consistent

with such purposes.

(b) VOLUNTARY CONTRIBUTIONS TO INTERNATIONAL ORGANIZATIONS.—

(1) AUTHORIZATION OF APPROPRIATIONS.—

There are authorized to be appropriated for

‘‘Voluntary Contributions to International

Organizations’’, $309,375,000 for the fiscal

year 1996 and $302,902,000 for the fiscal year

1997.

(2) LIMITATIONS.—

(A) UNICEF.—

(i) Of the amounts authorized to be appropriated under paragraph (1), $103,000,000 for

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

1997 is authorized to be appropriated only for

the United Nations Children’s Fund

(UNICEF).

(ii) For fiscal year 1996, not more than 25

percent of the amount under clause (i) may

be made available to the United Nations

Children’s Fund (UNICEF) until 30 days after

the submission to Congress of the report required by section 2523.

(B) INTERNATIONAL ATOMIC ENERGY AGENCY.—

(i) Of the amounts authorized to be appropriated under paragraph (1), $43,000,000 for

each of fiscal years 1996 and 1997 is authorized to be appropriated only for the International Atomic Energy Agency (IAEA).

(ii) Amounts under clause (i) are authorized to be made available to the International Atomic Energy Agency only if the
H 5202 CONGRESSIONAL RECORD — HOUSE May 17, 1995

Secretary determines and reports to the appropriate congressional committees that Israel is not being denied its right to participate in the activities of the International

Atomic Energy Agency.

(C) WAR CRIMES TRIBUNAL FOR THE FORMER

YUGOSLAVIA.—Of the amounts authorized to

be appropriated under paragraph (1),

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

for fiscal year 1997, or 25 percent of the budget for the tribunal for each such fiscal year,

whichever amount is less, are authorized to

be made available for the United Nations

Voluntary Fund for the United Nations

International Criminal Tribunal for the

Former Yugoslavia, located at The Hague,

Netherlands.

(D) WORLD FOOD PROGRAM.—Of the

amounts authorized to be appropriated under

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

and $5,000,000 for fiscal year 1997 are authorized to be appropriated only for the World

Food Program.

(E) UNITED NATIONS VOLUNTARY FUND FOR

VICTIMS OF TORTURE.—Of the amounts authorized to be appropriated under paragraph

(1) $1,500,000 for fiscal year 1996 and $3,000,000

for fiscal year 1997 are authorized to be appropriated only for the United Nations Voluntary Fund for Victims of Torture.

(F) UNITED NATIONS POPULATION FUND.—

(i) Of the amounts authorized to be appropriated under paragraph (1) not more than

$25,000,000 for each of the fiscal years 1996

and 1997 shall be available for the United Nations Population Fund (UNFPA).

(ii) Of the amount made available for the

United Nations Population Fund under

clause (i)—

(I) for fiscal year 1996, not more than 50

percent of such amount may be disbursed to

the Fund before March 1, 1996; and

(II) for fiscal year 1997, not more than 50

percent of such amount may be disbursed to

the Fund before March 1, 1997.

(iii) Notwithstanding any other provision

of law, none of the funds made available for

the United Nations Population Fund shall be

available for the United States proportionate

share for activities in the People’s Republic

of China.

(iv)(I) Not later than February 15, 1996, and

February 15, 1997, the Secretary of State

shall submit a report indicating the amount

that the United Nations Population Fund is

budgeting for activities in the People’s Republic of China for 1996 or 1997, as appropriate, to the Committee on International

Relations and the Committee on Appropriations of the House of Representatives and

the Committee on Foreign Relations and the

Committee on Appropriations of the Senate.

(II) Before March 1, for each of the fiscal

years 1996 and 1997, if the United Nations

Population Fund is budgeting an amount in

excess of $7,000,000 for activities in the People’s Republic of China, a sum equal to the

amount in excess of $7,000,000 shall be deducted from amounts otherwise available for

payment to the United Nations Population

Fund.

(v) Amounts made available for the United

Nations Population Fund under clause (i)

may only be paid to the Fund if—

(I) the Fund maintains such amounts in a

separate account from other funds; and

(II) the Fund does not commingle amounts

provided under clause (i) with other funds.

(G) ORGANIZATION FOR AMERICAN STATES.—

Of the amounts authorized to be appropriated under paragraph (1), $15,000,000 for

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

1997 are authorized to be appropriated only

for the Organization for American States.

(H) LIMITATION CONCERNING USE OF FUNDS

UNDER SECTION 307 OF THE FOREIGN ASSISTANCE ACT OF 1961.—Notwithstanding any

other provision of law or of this Act, none of

the funds authorized to be appropriated

under paragraph (1) are authorized to be appropriated for the United States proportionate share, in accordance with section

307(c) of the Foreign Assistance Act of 1961,

for any programs identified in section 307, or

for Libya, Iran, or any Communist country

listed in section 620(f) of the Foreign Assistance Act of 1961.

(I) UNITED NATIONS DEVELOPMENT PROGRAM.—

(i) TOTAL LIMITATION.—Of the amounts authorized to be appropriated under paragraph

(1), for each of the fiscal years 1996 and 1997

not to exceed $70,000,000 shall be available for

the United Nations Development Program.

(ii) BURMA.—

(I) Subject to subclauses (II) and (III), for

each of the fiscal years 1996 and 1997 none of

the funds made available for United Nations

Development Program (or United Nations

Development Program—Administered

Funds) shall be available for programs and

activities in or for Burma.

(II) Of the amount made available for United Nations Development Program (and United Nations Development Program—Administered Funds) for fiscal year 1996, $18,200,000 of

such amount shall be disbursed only if the

President certifies to the Congress that the

United Nations Development Program has

terminated its activities in and for Burma.

(III) Of the amount made available for

United Nations Development Program (and

United Nations Development Program—Administered Funds) for fiscal year 1997,

$25,480,000 shall be disbursed only if the

President certifies to the Congress that the

United Nations Development Program has

terminated its activities in and for Burma.

(3) AVAILABILITY OF FUNDS.—Amounts authorized to be appropriated under paragraph

(1) are authorized to remain available until

expended.

(c) ASSESSED CONTRIBUTIONS FOR INTERNATIONAL PEACEKEEPING ACTIVITIES.—

(1) AUTHORIZATION OF APPROPRIATIONS.—

There are authorized to be appropriated for

‘‘Contributions for International Peacekeeping Activities’’, $445,000,000 for the fiscal

year 1996 and $345,000,000 for the fiscal year

1997 for the Department of State to carry out

the authorities, functions, duties, and responsibilities in the conduct of the foreign

affairs of the United States with respect to

international peacekeeping activities and to

carry out other authorities in law consistent

with such purposes.

(2) LIMITATION.—None of the funds authorized to be appropriated under paragraph (1)

may be made available for contributions to

the United Nations Protection Force unless

the President determines and reports to the

Congress during the calendar year in which

the funds are to be provided that—

(A) the Government of Bosnia and

Herzegovina supports the continued presence

of the United Nations Protection Force within its territory;

(B) the United Nations Protection Force is

effectively carrying out its mandate under

United Nations Security Council resolutions

761, 776, 781, 786, and 836, and is effectively

encouraging compliance with United Nations

Security Council resolutions 752, 757, 770, 771,

787, 820, and 824.

(C) the United Nations Protection Force is

providing full cooperation and support consistent with its mandate to the efforts of the

United Nations War Crimes Tribunal for the

former Yugoslavia to investigate war crimes

and to apprehend and prosecute suspected

war criminals;

(D) the United Nations Protection Force is

providing full cooperation and support consistent with its mandate to United States

diplomatic, military, and relief personnel in

Bosnia; and

(E) the United Nations Protection Force

has investigated and taken appropriate action against any United Nations Protection

Force personnel or units suspected of participating in illegal or improper activities, such

as black marketeering, embezzlement, expropriation of property, and assaults on civilians.

(d) PEACEKEEPING OPERATIONS.—There are

authorized to be appropriated for ‘‘Peacekeeping Operations’’, $68,260,000 for the fiscal

year 1996 and $68,260,000 for the fiscal year

1997 for the Department of State to carry out

section 551 of Public Law 87–195.

(e) INTERNATIONAL CONFERENCES AND CONTINGENCIES.—

(1) GENERAL PROVISION.—There are authorized to be appropriated for ‘‘International

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

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

fiscal year 1997 for the Department of State

to carry out the authorities, functions, duties, and responsibilities in the conduct of

the foreign affairs of the United States with

respect to international conferences and contingencies and to carry out other authorities

in law consistent with such purposes.

(2) CONDITIONAL AUTHORITY.—

(A) Subject to subparagraph (B), in addition to such amounts as are authorized to be

appropriated under paragraph (1), there is

authorized to be appropriated for ‘‘International Conferences and Contingencies’’,

$1,000,000 for the fiscal year 1996 for the Department of State to carry out the authorities, functions, duties, and responsibilities in

the conduct of the foreign affairs of the United States with respect to international conferences and contingencies and to carry out

other authorities in law consistent with such

purposes.

(B) The authorization of appropriations

under subparagraph (A) shall take effect

only after the Secretary of State certifies to

the appropriate congressional committees

with respect to any United Nations Fourth

Conference on Women that is held in Beijing

that—

(i) no funds of the Department of State

were expended for travel by any United

States official or delegate to the Fourth

World Conference on Women, to be held in

Beijing, August and September 1995, or

(ii)(I) that the United States vigorously

urged the United Nations to grant accreditation to a wide range of nongovernmental organizations, including United States-based

groups representing Taiwanese and Tibetan

women, in accordance with relevant international standards and precedents;

(II) that the United States pressed the

Government of China to issue visas equitably

to representatives of accredited nongovernmental organizations;

(III) that the United States encouraged the

Government of China and the United Nations

to provide the accredited nongovernmental

organizations with access to the main conference site that is substantially equivalent

in manner and degree to access afforded at

previous major United Nations conferences;

(IV) that the United States delegation to

the Fourth World Conference on Women vigorously and publicly supported access by representatives of accredited nongovernmental

organizations to the conference, especially

with respect to United States nongovernmental organizations;

(V) that the United States delegation to

the Fourth World Conference on Women vigorously promoted universal respect for internationally recognized human rights, including the rights of women; and

(VI) that, if the goals of subparagraphs (I),

(II), or (III) were not fully accomplished, the

United States issued a formal, public, protest to the United Nations for such a departure from accepted international standards.
May 17, 1995 CONGRESSIONAL RECORD — HOUSE H 5203

(f) FOREIGN CURRENCY EXCHANGE RATES.—

In addition to amounts otherwise authorized

to be appropriated by subsections (a) and (b)

of this section, there are authorized to be appropriated such sums as may be necessary

for each of the fiscal years 1996 and 1997 to

offset adverse fluctuations in foreign currency exchange rates. Amounts appropriated

under this subsection shall be available for

obligation and expenditure only to the extent that the Director of the Office of Management and Budget determines and certifies

to Congress that such amounts are necessary

due to such fluctuations.

SEC. 2103. INTERNATIONAL COMMISSIONS.

The following amounts are authorized to

be appropriated under ‘‘International Commissions’’ for the Department of State to

carry out the authorities, functions, duties,

and responsibilities in the conduct of the foreign affairs of the United States and for

other purposes authorized by law:

(1) INTERNATIONAL BOUNDARY AND WATER

COMMISSION, UNITED STATES AND MEXICO.—For

‘‘International Boundary and Water Commission, United States and Mexico’’—

(A) for ‘‘Salaries and Expenses’’ $13,858,000

for the fiscal year 1996 and $12,472,000 for the

fiscal year 1997; and

(B) for ‘‘Construction’’ $10,393,000 for the

fiscal year 1996 and $9,353,000 for the fiscal

year 1997.

(2) INTERNATIONAL BOUNDARY COMMISSION,

UNITED STATES AND CANADA.—For ‘‘International Boundary Commission, United

States and Canada’’, $740,000 for the fiscal

year 1996 and $666,000 for the fiscal year 1997.

(3) INTERNATIONAL JOINT COMMISSION.—For

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

for the fiscal year 1996 and $3,195,000 for the

fiscal year 1997.

(4) INTERNATIONAL FISHERIES COMMISSIONS.—For ‘‘International Fisheries Commissions’’, $14,669,000 for the fiscal year 1996

and $13,202,000 for the fiscal year 1997.

SEC. 2104. MIGRATION AND REFUGEE ASSISTANCE.

(a) AUTHORIZATION OF APPROPRIATIONS.—

(1) MIGRATION AND REFUGEE ASSISTANCE.—

(A) AUTHORIZATION OF APPROPRIATIONS.—

There are authorized to be appropriated for

‘‘Migration and Refugee Assistance’’ for authorized activities, $560,000,000 for the fiscal

year 1996 and $590,000,000 for the fiscal year

1997.

(B) LIMITATION.—None of the funds authorized to be appropriated by this section are

authorized to be appropriated for salaries

and administrative expenses of the Bureau of

Migration and Refugee Assistance.

(2) REFUGEES RESETTLING IN ISRAEL.—There

are authorized to be appropriated $80,000,000

for the fiscal year 1996 and $80,000,000 for the

fiscal year 1997 for assistance for refugees resettling in Israel from other countries.

(3) HUMANITARIAN ASSISTANCE FOR DISPLACED BURMESE.—There are authorized to

be appropriated $1,500,000 for the fiscal year

1996 and $1,500,000 for the fiscal year 1997 for

humanitarian assistance, including but not

limited to food, medicine, clothing, and medical and vocational training to persons displaced as a result of civil conflict in Burma,

including persons still within Burma.

(4) RESETTLEMENT OF VIETNAMESE, LAOTIANS, AND CAMBODIANS.—There are authorized to be appropriated $30,000,000 for fiscal

year 1996 for the admission and resettlement

of persons who—

(A) are or were nationals and residents of

Vietnam, Laos, or Cambodia;

(B) are within a category of aliens referred

to in section 599D(b)(2)(C) of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1990 (Public Law

101–167); and

(C) are or were at any time after January

1, 1989, residents of refugee camps in Hong

Kong, Thailand, Indonesia, Malaysia, or the

Philippines.

(b) GENERAL LIMITATIONS.—None of the

funds authorized to be appropriated by subsection (a) are authorized to be available for

any program or activity that provides for,

promotes, or assists in the repatriation of

any person to Vietnam, Laos, or Cambodia,

unless the President has certified that—

(1) all persons described in subsection (a)(4)

who were residents of refugee camps as of

July 1, 1995, have been offered resettlement

outside their countries of nationality;

(2) all nationals of Vietnam, Laos, or Cambodia who were residents of refugee camps as

of July 1, 1995, who are not persons described

in subsection (a)(4) have, at any time after

such date, either had access to a process for

the determination of whether they are refugees, or been offered resettlement outside

their countries of nationality; and

(3) the process referred to in paragraph (2)

is genuinely calculated to determine whether each applicant is a refugee, and that the

procedures, standards, and personnel employed in such process ensure that the risk

of return to persecution is no greater than in

the process available under United States

law to persons physically present in the

United States.

(c) AVAILABILITY OF FUNDS.—Funds appropriated pursuant to subsection (a) are authorized to be available until expended.

(d) REFUGEE CAMP DEFINED.—For the purposes of this section, the term ‘‘refugee

camp’’ means any place in which people who

left Vietnam, Cambodia, or Laos are housed

or held by a government or international organization, regardless of the designation of

such place by such government or organization.

SEC. 2105. CERTAIN OTHER INTERNATIONAL AFFAIRS PROGRAMS.

The following amounts are authorized to

be appropriated for the Department of State

to carry out the authorities, functions, duties, and responsibilities in the conduct of

the foreign affairs of the United States and

for other purposes authorized by law:

(1) ASIA FOUNDATION.—For ‘‘Asia Foundation’’, $10,000,000 for the fiscal year 1996 and

$9,000,000 for the fiscal year 1997.

SEC. 2106. UNITED STATES INFORMATIONAL,

EDUCATIONAL, AND CULTURAL PROGRAMS.

The following amounts are authorized to

be appropriated to carry out international

information activities and educational and

cultural exchange programs under the United States Information and Educational Exchange Act of 1948, the Mutual Educational

and Cultural Exchange Act of 1961, Reorganization Plan Number 2 of 1977, the United

States International Broadcasting Act of

1994, the Radio Broadcasting to Cuba Act,

the Television Broadcasting to Cuba Act, the

Board for International Broadcasting Act,

the Inspector General Act of 1978, the North/

South Center Act of 1991, the National Endowment for Democracy Act, and to carry

out other authorities in law consistent with

such purposes:

(1) SALARIES AND EXPENSES.—For ‘‘Salaries

and Expenses’’, $450,645,000 for the fiscal year

1996 and $428,080,000 for the fiscal year 1997.

(2) TECHNOLOGY FUND.—For ‘‘Technology

Fund’’ for the United States Information

Agency, $5,050,000 for the fiscal year 1996 and

$5,050,000 for the fiscal year 1997.

(3) EDUCATIONAL AND CULTURAL EXCHANGE

PROGRAMS.—

(A) FULBRIGHT ACADEMIC EXCHANGE PROGRAMS.—For the ‘‘Fulbright Academic Exchange Programs’’, $117,484,200 for the fiscal

year 1996 and $113,680,800 for the fiscal year

1997.

(B) SOUTH PACIFIC EXCHANGES.—For the

‘‘South Pacific Exchanges’’, $900,000 for the

fiscal year 1996 and $900,000 for the fiscal

year 1997.

(C) EAST TIMORESE SCHOLARSHIPS.—For the

‘‘East Timorese Scholarships’’, $800,000 for

the fiscal year 1996 and $800,000 for the fiscal

year 1997.

(D) CAMBODIAN SCHOLARSHIPS.—For the

‘‘Cambodian Scholarships’’, $141,000 for the

fiscal year 1996 and $141,000 for the fiscal

year 1997.

(E) TIBETAN EXCHANGES.—For the ‘‘Educational and Cultural Exchanges with Tibet’’

under section 236 of the Foreign Relations

Authorization Act, Fiscal Years 1994 and 1995

(Public Law 103–236), $500,000 for the fiscal

year 1996 and $500,000 for the fiscal year 1997.

(F) OTHER PROGRAMS.—For ‘‘Hubert H.

Humphrey Fellowship Program’’, ‘‘Edmund

S. Muskie Fellowship Program’’, ‘‘International Visitors Program’’, ‘‘Mike Mansfield Fellowship Program’’, ‘‘Claude and Mildred Pepper Scholarship Program of the

Washington Workshops Foundation’’, ‘‘Citizen Exchange Programs’’, ‘‘Congress-Bundestag Exchange Program’’, ‘‘Newly Independent States and Eastern Europe Training’’,

‘‘Institute for Representative Government’’,

and ‘‘Arts America’’, $87,265,800 for the fiscal

year 1996 and $87,341,400 for the fiscal year

1997.

(4) INTERNATIONAL BROADCASTING ACTIVITIES.—

(A) AUTHORIZATION OF APPROPRIATIONS.—

For ‘‘International Broadcasting Activities’’,

$321,191,000 for the fiscal year 1996, and

$286,191,000 for the fiscal year 1997.

(B) LIMITATION.—Of the amounts authorized to be appropriated under subparagraph

(A) $3,000,000 for fiscal year 1996 and $3,000,000

for fiscal year 1997 are authorized to be appropriated only to carry out the Pilot

Project for Freedom Broadcasting to Asia

authorized by section 2443.

(C) VOICE OF AMERICA FARSI SERVICE.—Of

the amounts authorized to be appropriated

under subparagraph (A) $1,873,521 for the fiscal year 1996 and $1,873,521 for the fiscal year

1997 are authorized to be appropriated only

to carry out the Voice of America Farsi

Service.

(5) RADIO CONSTRUCTION.—For ‘‘Radio Construction’’, $75,164,000 for the fiscal year 1996,

and $67,647,000 for the fiscal year 1997.

(6) RADIO FREE ASIA.—For ‘‘Radio Free

Asia’’, $10,000,000 for the fiscal year 1996 and

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

(7) BROADCASTING TO CUBA.—For ‘‘Broadcasting to Cuba’’, $24,809,000 for the fiscal

year 1996 and $24,809,000 for the fiscal year

1997.

(8) OFFICE OF THE INSPECTOR GENERAL.—For

‘‘Office of the Inspector General’’, $4,300,000

for the fiscal year 1996 and $3,870,000 for the

fiscal year 1997.

(9) CENTER FOR CULTURAL AND TECHNICAL

INTERCHANGE BETWEEN EAST AND WEST.—For

‘‘Center for Cultural and Technical Interchange between East and West’’, $15,000,000

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

fiscal year 1997.

(10) NATIONAL ENDOWMENT FOR DEMOCRACY—For ‘‘National Endowment for Democracy’’, $34,000,000 for the fiscal year 1996 and

$34,000,000 for the fiscal year 1997.

(11) CENTER FOR CULTURAL AND TECHNICAL

INTERCHANGE BETWEEN NORTH AND SOUTH.—

For ‘‘Center for Cultural and Technical

Interchange between North and South’’

$4,000,000 for the fiscal year 1996 and $3,000,000

for the fiscal year 1997.

SEC. 2107. UNITED STATES ARMS CONTROL AND

DISARMAMENT.

There are authorized to be appropriated to

carry out the purposes of the Arms Control

and Disarmament Act—

(1) $44,000,000 for the fiscal year 1996 and

$40,500,000 for the fiscal year 1997; and
H 5204 CONGRESSIONAL RECORD — HOUSE May 17, 1995

(2) such sums as may be necessary for each

of the fiscal years 1996 and 1997 for increases

in salary, pay, retirement, other employee

benefits authorized by law, and to offset adverse fluctuations in foreign currency exchange rates.

TITLE XXII—DEPARTMENT OF STATE

AUTHORITIES AND ACTIVITIES

CHAPTER 1—AUTHORITIES AND

ACTIVITIES

SEC. 2201. REVISION OF DEPARTMENT OF STATE

REWARDS PROGRAM.

(a) IN GENERAL.—Section 36 of the State

Department Basic Authorities Act of 1956 (22

U.S.C. 2708) is amended to read as follows:

‘‘SEC. 36. DEPARTMENT OF STATE REWARDS PROGRAM.

‘‘(a) ESTABLISHMENT.—(1) There is established a program for the payment of rewards

to carry out the purposes of this section.

‘‘(2) The rewards program established by

this section shall be administered by the

Secretary of State, in consultation, where

appropriate, with the Attorney General.

‘‘(b) PURPOSE.—(1) The rewards program established by this section shall be designed to

assist in the prevention of acts of international terrorism, international narcotics

trafficking, and other related criminal acts.

‘‘(2) The Secretary of State may pay a reward to any individual who furnishes information leading to—

‘‘(A) the arrest or conviction in any country of any individual for the commission of

an act of international terrorism against a

United States person or United States property;

‘‘(B) the arrest or conviction in any country of any individual conspiring or attempting to commit an act of international terrorism against a United States person or United

States property;

‘‘(C) the arrest or conviction in any country of any individual for committing, primarily outside the territorial jurisdiction of

the United States, any narcotics-related offense if that offense involves or is a significant part of conduct that involves—

‘‘(i) a violation of United States narcotics

laws and which is such that the individual

would be a major violator of such laws; or

‘‘(ii) the killing or kidnapping of—

‘‘(I) any officer, employee, or contract employee of the United States Government

while such individual is engaged in official

duties, or on account of that individual’s official duties, in connection with the enforcement of United States narcotics laws or the

implementing of United States narcotics

control objectives; or

‘‘(II) a member of the immediate family of

any such individual on account of that individual’s official duties, in connection with

the enforcement of United States narcotics

laws or the implementing of United States

narcotics control objectives; or

‘‘(iii) an attempt or conspiracy to commit

any of the acts described in clause (i) or (ii);

or

‘‘(D) the arrest or conviction in any country of any individual aiding or abetting in

the commission of an act described in subparagraphs (A) through (C); or

‘‘(E) the prevention, frustration, or favorable resolution of an act described in subparagraphs (A) through (C).

‘‘(c) COORDINATION.—(1) To ensure that the

payment of rewards pursuant to this section

does not duplicate or interfere with the payment of informants or the obtaining of evidence or information, as authorized to the

Department of Justice, the offering, administration, and payment of rewards under this

section, including procedures for—

‘‘(A) identifying individuals, organizations,

and offenses with respect to which rewards

will be offered;

‘‘(B) the publication of rewards;

‘‘(C) offering of joint rewards with foreign

governments;

‘‘(D) the receipt and analysis of data; and

‘‘(E) the payment and approval of payment,

shall be governed by procedures developed by

the Secretary of State, in consultation with

the Attorney General.

‘‘(2) Before making a reward under this

section in a matter over which there is Federal criminal jurisdiction, the Secretary of

State shall advise and consult with the Attorney General.

‘‘(d) FUNDING.—(1) There is authorized to

be appropriated to the Department of State

from time to time such amounts as may be

necessary to carry out the purposes of this

section, notwithstanding section 102 of the

Foreign Relations Authorization Act, Fiscal

Years 1986 and 1987 (Public Law 99–93).

‘‘(2) No amount of funds may be appropriated which, when added to the amounts

previously appropriated but not yet obligated, would cause such amounts to exceed

$15,000,000.

‘‘(3) To the maximum extent practicable,

funds made available to carry out this section should be distributed equally for the

purpose of preventing acts of international

terrorism and for the purpose of preventing

international narcotics trafficking.

‘‘(4) Amounts appropriated to carry out the

purposes of this section shall remain available until expended.

‘‘(e) ADDITIONAL FUNDING.—(1) In extraordinary circumstances and when it is important to the national security of the United

States, the Secretary of State may use fees

collected for processing machine readable

nonimmigrant visas and machine readable

combined border crossing identification

cards and nonimmigrant visas pursuant to

section 140 of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 (Public Law 103–236; 8 U.S.C. 1351 note) to carry

out the purposes of this section, subject to

the limitation contained in subsection (d)(2).

‘‘(2) The authority contained in paragraph

(1) may be used only if the Secretary notifies

the appropriate congressional committees 15

days in advance in accordance with regular

reprogramming procedures. Such notification shall contain a detailed justification of

the circumstances necessitating the use of

such fees for the purposes of this section.

‘‘(f)— LIMITATION AND CERTIFICATION.—(1) A

reward under this section may not exceed

$2,000,000.

‘‘(2) A reward under this section of more

than $100,000 may not be made without the

approval of the President or the Secretary of

State.

‘‘(3) Any reward granted under this section

shall be approved and certified for payment

by the Secretary of State.

‘‘(4) The authority of paragraph (2) may

not be delegated to any other officer or employee of the United States Government.

‘‘(5) If the Secretary determines that the

identity of the recipient of a reward or of the

members of the recipient’s immediate family

must be protected, the Secretary may take

such measures in connection with the payment of the reward as he considers necessary

to effect such protection.

‘‘(g) INELIGIBILITY.—An officer or employee

of any governmental entity who, while in the

performance of his or her official duties, furnishes information described in subsection

(b) shall not be eligible for a reward under

this section.

‘‘(h) REPORTS.—(1) Not later than 30 days

after paying any reward under this section,

the Secretary of State shall submit a report

to the appropriate congressional committees

with respect to such reward. The report,

which may be submitted on a classified basis

if necessary, shall specify the amount of the

reward paid, to whom the reward was paid,

and the acts with respect to which the reward was paid. The report shall also discuss

the significance of the information for which

the reward was paid in dealing with those

acts.

‘‘(2) Not later than 60 days after the end of

each fiscal year, the Secretary of State shall

submit an annual report to the appropriate

congressional committees with respect to

the operation of the rewards program authorized by this section. Such report shall

provide information on the total amounts

expended during such fiscal year to carry out

the purposes of this section, including

amounts spent to publicize the availability

of rewards. Such report shall also include information on all requests for the payment of

rewards under this section, including the

reasons for the denial of any such requests.

‘‘(i) DEFINITIONS.—As used in this section—

‘‘(1) the term ‘appropriate congressional

committees’ means the Committee on International Relations of the House of Representatives and the Committee on Foreign

Relations of the Senate;

‘‘(2) the term ‘act of international terrorism’ includes, but is not limited to—

‘‘(A) any act substantially contributing to

the acquisition of unsafeguarded special nuclear material (as defined in section 830(8) of

the Nuclear Proliferation Prevention Act of

1994) or any nuclear explosive device (as defined in section 830(4) of that Act) by an individual, group, or non-nuclear weapon state

(as defined in section 830(5) of that Act); and

‘‘(B) any act, as determined by the Secretary of State, which materially supports

the conduct of international terrorism, including the counterfeiting of United States

currency or the illegal use of other monetary

instruments by an individual, group, or

country supporting international terrorism

as determined for purposes of section 6(j) of

the Export Administration Act of 1979;

‘‘(3) the term ‘United States narcotics

laws’ means the laws of the United States for

the prevention and control of illicit traffic in

controlled substances (as such term is defined for purposes of the Controlled Substances Act); and

‘‘(4) the term ‘member of the immediate

family’ includes—

‘‘(A) a spouse, parent, brother, sister, or

child of the individual;

‘‘(B) a person to whom the individual

stands in loco parentis; and

‘‘(C) any other person living in the individual’s household and related to the individual

by blood or marriage.’’.

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

the Congress that the Secretary of State

should pursue additional means of funding

the program established by section 36 of the

State Department Basic Authorities Act of

1956 (22 U.S.C. 2708), including the authority

to seize and dispose of assets used in the

commission of any offense under sections

1028, 1541 through 1544, and 1546 of title 18,

United States Code, and to retain the proceeds derived from the disposition of such assets, or to participate in asset sharing programs conducted by the Department of Justice, to carry out the purposes of section 36

of that Act.

SEC. 2202. AUTHORITIES OF SECRETARY OF

STATE.

Section 203(4) of the State Department

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

4303(4)) is amended in the third sentence by

striking ‘‘should’’ both places it appears and

inserting ‘‘shall’’.

SEC. 2203. BUYING POWER MAINTENANCE ACCOUNT.

Section 24(b)(7) of the State Department

Basic Authorities Act of 1956 (22 U.S.C.
May 17, 1995 CONGRESSIONAL RECORD — HOUSE H 5205

2696(b)(7)) is amended by striking subparagraph (D).

SEC. 2204. EXPENSES RELATING TO CERTAIN

INTERNATIONAL CLAIMS AND PROCEEDINGS.

(a) RECOVERY OF CERTAIN EXPENSES.—The

Department of State Appropriation Act, 1937

(49 Stat. 1321, 22 U.S.C. 2661, as amended by

section 142(b) of the Foreign Relations Authorization Act, Fiscal Years 1988 and 1989

(Public Law 100–204)) is amended in the fifth

undesignated paragraph under the heading

entitled ‘‘INTERNATIONAL FISHERIES COMMISSION’’ by striking ‘‘extraordinary’’.

(b) PROCUREMENT OF SERVICES.—Section

38(c) of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2710(c)) is amended

in the first sentence by inserting ‘‘personal

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

SEC. 2205. CONSOLIDATION OF UNITED STATES

DIPLOMATIC MISSIONS AND CONSULAR POSTS.

(a) CONSOLIDATION PLAN.—The Secretary of

State shall develop a worldwide plan for the

consolidation, wherever practicable, on a regional or areawide basis, of United States

missions and consular posts abroad.

(b) CONTENTS OF PLAN.—The plan shall—

(1) identify specific United States diplomatic missions and consular posts for consolidation;

(2) identify those missions and posts at

which the resident ambassador would also be

accredited to other specified states in which

the United States either maintained no resident official presence or maintained such a

presence only at staff level; and

(3) provide an estimate of—

(A) the amount by which expenditures

would be reduced through the reduction in

the number of United States Government

personnel assigned abroad;

(B) the reduction in the costs of maintaining United States properties abroad; and

(C) the amount of revenues generated to

the United States through the sale or other

disposition of United States properties associated with the posts to be consolidated

abroad.

(c) TRANSMITTAL.—Not later than 180 days

after the date of the enactment of this Act,

the Secretary of State shall transmit a copy

of the plan to the appropriate congressional

committees.

SEC. 2206. DENIAL OF PASSPORTS TO

NONCUSTODIAL PARENTS SUBJECT

TO STATE ARREST WARRANTS IN

CASES OF NONPAYMENT OF CHILD

SUPPORT.

The Secretary of State is authorized to

refuse to issue a passport or to revoke, restrict, or limit a passport in any case in

which the Secretary of State determines or

is informed by competent authority that the

applicant or passport holder is a

noncustodial parent who is the subject of an

outstanding State warrant of arrest for

nonpayment of child support, where the

amount in controversy is not less than

$10,000.

SEC. 2207. CAPITAL INVESTMENT FUND.

Section 135 of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995

(22 U.S.C. 2684a) is amended—

(1) in subsection (a) by inserting ‘‘and enhancement’’ after ‘‘procurement’’;

(2) in subsection (c) by striking ‘‘are authorized to’’ and inserting ‘‘shall’’;

(3) in subsection (d) by striking ‘‘for expenditure to procure capital equipment and

information technology’’ and inserting in

lieu thereof ‘‘for purposes of subsection (a)’’;

and

(4) by amending subsection (e) to read as

follows:

‘‘(e) REPROGRAMMING PROCEDURES.—Funds

credited to the Capital Investment Fund

shall not be available for obligation or expenditure except in compliance with the procedures applicable to reprogrammings under

section 34 of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2710).’’.

SEC. 2208. EFFICIENCY IN PROCUREMENT.

(a) IN GENERAL.—To the maximum extent

practicable, United States Government agencies performing functions at diplomatic and

consular posts abroad shall avoid duplicative

acquisition actions.

(b) AUTHORITY.—Notwithstanding any

other provision of law, a contract awarded in

accordance with the Competition in Contracting Act by an agency of the United

States Government performing functions at

diplomatic and consular posts abroad may be

amended without competition to permit

other such United States Government agencies to obtain goods or services under such

contract, if unit prices are not increased as

a result of any such amendment.

SEC. 2209. TRAINING.

Section 701 of the Foreign Service Act of

1980 (22 U.S.C. 4021) is amended—

(1) by redesignating subsection (d)(4) as

subsection (g); and

(2) by inserting after subsection (d) the following new subsections:

‘‘(e)(1) The Secretary of State is authorized

to provide appropriate training through the

institution to employees of any United

States company engaged in business abroad,

and to the families of such employees, when

such training is in the national interest of

the United States.

‘‘(2) In the case of any company under contract to provide services to the Department

of State, the Secretary of State is authorized

to provide job-related training to any company employee who is performing such services.

‘‘(3) Training under this subsection shall be

on a reimbursable or advance-of-funds basis.

Such reimbursements or advances shall be

credited to the currently applicable appropriation account.

‘‘(4) Training under this subsection is authorized only to the extent that it will not

interfere with the institution’s primary mission of training employees of the Department and of other agencies in the field of foreign relations.

‘‘(f)(1) The Secretary of State is authorized

to provide on a reimbursable basis foreign

language training programs to Members of

Congress and officers and employees of Congress.

‘‘(2) Reimbursements under this subsection, to the extent practicable, should be

equivalent to the rate of reimbursement

charged other agencies of the United States

Government for comparable training.

‘‘(3) Reimbursements collected under this

subsection shall be credited to the currently

available applicable appropriation account.

‘‘(4) Training under this subsection is authorized only to the extent that it will not

interfere with the institution’s primary mission of training employees of the Department and of other agencies in the field of foreign relations.’’.

SEC. 2210. LEASE-PURCHASE AGREEMENTS.

Whenever the Department of State enters

into lease-purchase agreements involving

property in foreign countries pursuant to

section 1 of the Foreign Service Buildings

Act (22 U.S.C. 292), budget authority shall be

scored on an annual basis over the period of

the lease in an amount equal to the annual

lease payments.

CHAPTER 2—CONSULAR AUTHORITIES OF

THE DEPARTMENT OF STATE

SEC. 2231. SURCHARGE FOR PROCESSING CERTAIN MACHINE READABLE VISAS.

Section 140(a) of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995

(Public Law 103—236) is amended—

(1) by striking paragraphs (2) and (3) and

inserting the following:

‘‘(2) For fiscal years 1996 and 1997, not more

than $250,000,000 in fees collected under the

authority of paragraph (1) shall be deposited

as an offsetting collection to any Department of State appropriation to recover the

costs of the Department of State’s border security program, including the costs of—

‘‘(1) installation and operation of the machine readable visa and automated namecheck process;

‘‘(2) improving the quality and security of

the United States passport;

‘‘(3) passport and visa fraud investigations;

and

‘‘(4) the technological infrastructure to

support and operate the programs referred to

in paragraphs (1) through (3).

Such fees shall remain available for obligation until expended.

‘‘(3) For any fiscal year, fees collected

under the authority of paragraph (1) in excess of the amount specified for such fiscal

year under paragraph (2) shall be deposited

in the general fund of the Treasury as miscellaneous receipts.’’; and

(2) by striking paragraph (5).

SEC. 2232. FINGERPRINT CHECK REQUIREMENT.

Section 140 of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995

(Public Law 103-236; 8 U.S.C. 1182 note) as

amended by section 505 of the Department of

State and Related Agencies Appropriation

Act, Fiscal Year 1995 (Public Law 103-317) is

amended by adding at the end the following:

‘‘(h) FINGERPRINT CHECK REQUIREMENT.—If

a visa applicant is determined to have a

criminal history record under subsection

(d)(1), has been physically present in the

United States, and is more than 16 years of

age, the applicant shall provide a fingerprint

record for submission with the application,

at no cost to the Department of State. The

Department of State shall submit such fingerprint record to the Federal Bureau of Investigation for analysis to determine whether the applicant has been convicted of a felony under State or Federal law in the United

States.’’.

SEC. 2233. USE OF CERTAIN PASSPORT PROCESSING FEES FOR ENHANCED PASSPORT SERVICES.

For each of the fiscal years 1996 and 1997, of

the fees collected for expedited passport

processing and deposited to an offsetting collection pursuant to the Department of State

and Related Agencies Appropriations Act for

Fiscal Year 1995 (Public Law 103—317; 22

U.S.C. 214), 10 percent shall be available only

for enhancing passport services for United

States citizens, improving the integrity and

efficiency of the passport issuance process,

improving the secure nature of the United

States passport, investigating passport

fraud, and deterring entry into the United

States by terrorists, drug traffickers, or

other criminals.

SEC. 2234. CONSULAR OFFICERS.

(a) PERSONS AUTHORIZED TO ISSUE REPORTS

OF BIRTH ABROAD.—Section 33 of the State

Department Basic Authorities Act of 1956 (22

U.S.C. 2705) is amended in paragraph (2) by

inserting ‘‘(or any United States citizen employee of the Department of State designated by the Secretary of State to adjudicate nationality abroad pursuant to such

regulations as the Secretary may prescribe)’’

after ‘‘consular officer’’.

(b) PROVISIONS APPLICABLE TO CONSULAR

OFFICERS.—Section 31 of the Act of August

18, 1856 (Rev. Stat. 1689, 22 U.S.C. 4191), is

amended by inserting ‘‘and to such other

United States citizen employees of the Department of State as may be designated by

the Secretary of State pursuant to such regulations as the Secretary may prescribe’’

after ‘‘such officers’’.
H 5206 CONGRESSIONAL RECORD — HOUSE May 17, 1995

CHAPTER 3—REFUGEES AND MIGRATION

SEC. 2251. UNITED STATES EMERGENCY REFUGEE AND MIGRATION ASSISTANCE

FUND.

(a) LIMITATION ON TRANSFERS FROM EMERGENCY FUND.—Section 2(c) of the Migration

and Refugee Assistance Act of 1962 (22 U.S.C.

2601(c)) is amended by adding after paragraph

(3) the following:

‘‘(4) Notwithstanding any other provision

of this Act, the President shall notify the appropriate congressional committees not less

than 15 days before transferring or otherwise

making available amounts from the United

States Emergency Refugee and Migration

Assistance Fund under paragraph (1).’’.

(b) NOTIFICATION OF EXPENDITURES FROM

FUND.—Section 2(d) of the Migration and

Refugee Assistance Act of 1962 (22 U.S.C.

2601(c)) is amended to read as follows:

‘‘(d)(1) Except as provided in paragraph (2),

and notwithstanding any other provision of

this Act, the President shall notify the appropriate congressional committees at least

15 days in advance of the obligation or expenditure of sums from the United States

Emergency Refugee and Migration Assistance Fund under subsection (c).

‘‘(2) Notwithstanding the notification requirement of paragraph (1), the President

may obligate and expend sums from the

United States Emergency Refugee and Migration Assistance Fund if the President determines, and promptly certifies to the appropriate congressional committees, that

unforseen emergency circumstances require

the immediate obligation of sums from such

fund. Any such certification shall fully inform such committees of the amount and use

of such sums from the Fund.

‘‘(3) For purposes of this section, the term

‘appropriate congressional committees’

means the Committee on International Relations and the Committee on Appropriations

of the House of Representatives and the

Committee on Foreign Relations and the

Committee on Appropriations of the Senate.’’.

SEC. 2252. PERSECUTION FOR RESISTANCE TO

COERCIVE POPULATION CONTROL

METHODS.

Section 101(a)(42) of the Immigration and

Nationality Act (8 U.S.C. 1101(a)(42)) is

amended by adding at the end the following:

‘‘For purposes of determinations under this

Act, a person who has been forced to abort a

pregnancy or to undergo involuntary sterilization, or who has been persecuted for failure or refusal to undergo such a procedure or

for other resistance to a coercive population

control program, shall be deemed to have

been persecuted on account of political opinion, and a person who has a well founded fear

that he or she will be forced to undergo such

a procedure or subjected to persecution for

such failure, refusal, or resistance shall be

deemed to have a well founded fear of persecution on account of political opinion.’’.

SEC. 2253. REPORT TO CONGRESS CONCERNING

CUBAN EMIGRATION POLICIES.

Beginning 3 months after the date of the

enactment of this Act and every subsequent

6 months, the President shall transmit a report to the appropriate congressional committees concerning the methods employed

by the Government of Cuba to enforce the

United States—Cuba agreement of September 1994 to restrict the emigration of the

Cuban people from Cuba to the United

States, and the treatment by the Government of Cuba of persons who have been returned to Cuba pursuant to the United

States—Cuba agreement of May 1995. Each

report transmitted pursuant to this section

shall include a detailed account of United

States efforts to monitor such enforcement

and treatment.

SEC. 2254. UNITED STATES POLICY REGARDING

THE INVOLUNTARY RETURN OF REFUGEES.

(a) IN GENERAL.—No funds authorized to be

appropriated by this Act shall be available to

involuntarily return any person to a country

in which the person has a well founded fear

of persecution on account of race, religion,

nationality, membership in a particular social group, or political opinion, or promote

or assist such involuntary return.

(b) INVOLUNTARILY RETURN DEFINED—As

used in this section, the term ‘‘involuntarily

return’’ means to take action by which it is

reasonably foreseeable that a person will be

required to return to a country against the

person’s will, regardless of whether such return is induced by physical force and regardless of whether the person is physically

present in the United States.

SEC. 2255. EXTENSION OF CERTAIN ADJUDICATION PROVISIONS.

The Foreign Operations, Export Financing,

and Related Programs Appropriations Act,

1990 (Public Law 101—167) is amended—

(1) in section 599D (8 U.S.C. 1157 note)—

(A) in subsection (b)(3), by striking ‘‘and

1996’’ and inserting ‘‘1996, and 1997’’; and

(B) in subsection (e), by striking out ‘‘October 1, 1996’’ each place it appears and inserting ‘‘October 1, 1997’’; and

(2) in section 599E (8 U.S.C. 1255 note) in

subsection (b)(2), by striking out ‘‘September

30, 1996’’ and inserting ‘‘September 30, 1997’’.

TITLE XXIII—ORGANIZATION OF THE DEPARTMENT OF STATE; DEPARTMENT OF

STATE PERSONNEL; THE FOREIGN

SERVICE

CHAPTER 1—ORGANIZATION OF THE

DEPARTMENT OF STATE

SEC. 2301. COORDINATOR FOR COUNTERTERRORISM.

(a) ESTABLISHMENT.—Section 1(e) of the

State Department Basic Authorities Act of

1956 (22 U.S.C. 2651a(e)) is amended—

(1) by striking ‘‘In’’ and inserting the following:

‘‘(1) In’’; and

(2) by inserting at the end the following:

‘‘(2) COORDINATOR FOR

COUNTERTERRORISM.—

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

Secretary of State a Coordinator for

Counterterrorism (hereafter in this paragraph referred to as the ‘Coordinator’) who

shall be appointed by the President, by and

with the advice and consent of the Senate.

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

duties and exercise such power as the Secretary of State shall prescribe.

‘‘(ii) The principal duty of the Coordinator

shall be the overall supervision (including

policy oversight of resources) of international counterterrorism activities. The

Coordinator shall be the principal advisor to

the Secretary of State on international

counterterrorism matters. The Coordinator

shall be the principal counterterrorism official within the senior management of the

Department of State and shall report directly to the Secretary of State.

‘‘(C) The Coordinator shall have the rank

and status of Ambassador-at-Large. The Coordinator shall be compensated at the annual rate of basic pay in effect for a position

at level IV of the Executive Schedule under

section 5314 of title 5, United States Code, or,

if the Coordinator is appointed from the Foreign Service, the annual rate of pay which

the individual last received under the Foreign Service Schedule, whichever is greater.

‘‘(D) For purposes of diplomatic protocol

among officers of the Department of State,

the Coordinator shall take precedence after

the Secretary of State, the Deputy Secretary

of State, and the Under Secretaries of State

and shall take precedence among the Assistant Secretaries of State in the order prescribed by the Secretary of State.’’.

(b) TECHNICAL AND CONFORMING AMENDMENTS.—Section 161 of the Foreign Relations

Authorization Act, Fiscal Years 1994 and 1995

(P.L. 103-236) is amended by striking subsection (e).

(c) TRANSITION PROVISION.—The individual

serving as Coordinator for Counterterrorism

of the Department of State on the day before

the effective date of this division may continue to serve in that position.

SEC. 2302. SPECIAL ENVOY FOR TIBET.

(a) FINDINGS.—The Congress makes the following findings:

(1) The Government of the People’s Republic of China withholds meaningful participation in the governance of Tibet from Tibetans and has failed to abide by its own constitutional guarantee of autonomy for Tibetans.

(2) The Government of the People’s Republic of China is responsible for the destruction

of much of Tibet’s cultural and religious heritage since 1959 and continues to threaten

the survival of Tibetan culture and religion.

(3) The Government of the People’s Republic of China, through direct and indirect incentives, has established discriminatory development programs which have resulted in

an overwhelming flow of Chinese immigrants

into Tibet, including those areas incorporated into the Chinese provinces of

Sichuan, Yunnan, Gansu, and Quinghai in recent years, and have excluded Tibetans from

participation in important policy decisions,

further threatening traditional Tibetan life.

(4) The Government of the People’s Republic of China denies Tibetans their fundamental human rights, as reported in the Department of State’s Country Reports on Human

Rights Practices for 1995.

(5) The President and the Congress have

determined that the promotion of human

rights in Tibet and the protection of Tibet’s

religion and culture are important elements

in United States-China relations and have

urged senior members of the Government of

the People’s Republic of China to enter into

substantive negotiations on these matters

with the Dalai Lama or his representative.

(6) The Dalai Lama has repeatedly stated

his willingness to begin substantive negotiations without preconditions.

(7) The Government of the People’s Republic of China has failed to respond in a good

faith manner by reciprocating a willingness

to begin negotiations without preconditions,

and no substantive negotiations have begun.

(b) UNITED STATES SPECIAL ENVOY FOR

TIBET.—Section 1(e) of the State Department

Basic Authorities Act (U.S.C. 2651a(e)) is

amended by adding after paragraph (2) the

following new paragraph:

‘‘(3) UNITED STATES SPECIAL ENVOY FOR

TIBET.—

‘‘(A) There shall be within the Department

of State a United States Special Envoy for

Tibet, who shall be appointed by the President, by and with the advice and consent of

the Senate. The United States Special Envoy

for Tibet shall hold office at the pleasure of

the President.

‘‘(B) The United States Special Envoy for

Tibet shall have the personal rank of ambassador.

‘‘(C) The United States Special Envoy for

Tibet is authorized and encouraged—

‘‘(i) to promote substantive negotiations

between the Dalai Lama or his representatives and senior members of the Government

of the People’s Republic of China;

‘‘(ii) to promote good relations between the

Dalai Lama and his representatives and the

United States Government, including meeting with members or representatives of the

Tibetan government-in-exile; and
May 17, 1995 CONGRESSIONAL RECORD — HOUSE H 5207

‘‘(iii) to travel regularly throughout Tibet

and Tibetan refugee settlements.

‘‘(D) The United States Special Envoy for

Tibet shall—

‘‘(i) consult with the Congress on policies

relevant to Tibet and the future and welfare

of all Tibetan people;

‘‘(ii) coordinate United States Government

policies, programs, and projects concerning

Tibet; and

‘‘(iii) report to the Secretary of State regarding the matters described in section

536(a)(2) of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 (Public

Law 103–236).’’.

SEC. 2303. ESTABLISHMENT OF COORDINATOR

FOR HUMAN RIGHTS AND REFUGEES, BUREAU OF REFUGEE AND MIGRATION ASSISTANCE, AND BUREAU

OF DEMOCRACY, HUMAN RIGHTS,

AND LABOR.

(a) ESTABLISHMENT OF COORDINATOR FOR

HUMAN RIGHTS AND REFUGEES.—

Section 1(e) of the State Department Basic

Authorities Act (22 U.S.C. 2651a(e)) is amended by adding after paragraph (3) the following new paragraph:

‘‘(4) COORDINATOR FOR HUMAN RIGHTS AND

REFUGEES.—

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

Secretary of State a Coordinator for Human

Rights and Refugees (hereafter in this paragraph referred to as the ‘Coordinator’) who

shall be appointed by the President, by and

with the advice and consent of the Senate.

The Coordinator shall report directly to the

Secretary of State.

‘‘(B) The Coordinator shall be responsible

for matters pertaining to human rights, refugees, and humanitarian affairs (including

matters relating to prisoners of war and

members of the United States Armed Forces

missing in action) in the conduct of foreign

policy. The Coordinator shall head the Bureau of Refugee and Migration Assistance

and the Bureau of Democracy, Human

Rights, and Labor.

‘‘(C) The Coordinator shall have the rank

and status of Ambassador-at-Large. The Coordinator shall be compensated at the annual rate of basic pay in effect for a position

at level IV of the Executive Schedule under

section 5314 of title 5, United States Code, or,

if the Coordinator is appointed from the Foreign Service, the annual rate of pay which

the individual last received under the Foreign Service Schedule, whichever is greater.

‘‘(D) For purposes of diplomatic protocol

among officers of the Department of State,

the Coordinator shall take precedence after

the Secretary of State, the Deputy Secretary

of State, and the Under Secretaries of State

and shall take precedence among the Assistant Secretaries of State in the order prescribed by the Secretary of State.’’.

(b) TERMINATION OF ASSISTANT SECRETARY

OF STATE FOR DEMOCRACY, HUMAN RIGHTS,

AND LABOR.—

(1) IN GENERAL.—Section 1(c) of the State

Department Basic Authorities Act of 1956 (22

U.S.C. 2651a(c)) is amended by striking paragraph (2).

(2) CONFORMING AMENDMENTS.—The Foreign

Assistance Act of 1961 is amended—

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

striking ‘‘Assistant Secretary of State for

Democracy, Human Rights, and Labor’’ and

inserting ‘‘Secretary’’;

(B) in sections 502B, 502B, and 505(g)(4)(A)

by striking ‘‘, prepared with the assistance

of the Assistant Secretary of State for Democracy, Human Rights, and Labor,’’; and

(C) in section 573(c) by striking ‘‘Assistant

Secretary of State for Democracy, Human

Rights, and Labor’’ and inserting ‘‘Secretary

of State’’.

(c) ESTABLISHMENT OF BUREAU OF REFUGEE

AND MIGRATION ASSISTANCE AND BUREAU OF

DEMOCRACY, HUMAN RIGHTS, AND LABOR.—

Section 1 of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2651a) is

amended by adding after subsection (e) the

following new subsection:

‘‘(f) ESTABLISHMENT OF CERTAIN BUREAUS,

OFFICES, AND OTHER ORGANIZATIONAL ENTITIES WITHIN THE DEPARTMENT OF STATE.—

‘‘(1) BUREAU OF REFUGEE AND MIGRATION ASSISTANCE.—There is established within the

Department of State the Bureau of Refugee

and Migration Assistance which shall assist

the Secretary of State in carrying out the

Migration and Refugee Assistance Act of

1962. The Bureau shall be headed by the Coordinator for Human Rights and Refugees.

‘‘(2) BUREAU OF DEMOCRACY, HUMAN RIGHTS,

AND LABOR.—There is established within the

Department of State the Bureau of Democracy, Human Rights, and Labor. The Bureau

shall be headed by the Coordinator for

Human Rights and Refugees. The Bureau

shall continuously observe and review all

matters pertaining to human rights and humanitarian affairs (including matters relating to prisoners of war and members of the

United States Armed Forces missing in action) in the conduct of foreign policy including the following:

‘‘(A) Gathering detailed information regarding humanitarian affairs and the observance of and respect for internationally recognized human rights in each country to which

the requirements of section 116 and 502B of

the Foreign Assistance Act of 1961 are relevant.

‘‘(B) Preparing the statements and reports

to Congress required under section 502B of

the Foreign Assistance Act of 1961.

‘‘(C) Making recommendations to the Secretary of State regarding compliance with

sections 116 and 502B of the Foreign Assistance Act of 1961, and as part of the Bureau’s

overall policy responsibility for the creation

of United States Government human rights

policy, advising the Secretary on the policy

framework under which section 116(e)

projects are developed and consulting with

the Secretary on the selection and implementation of such projects.

‘‘(D) Performing other responsibilities

which serve to promote increased observance

of internationally recognized human rights

by all countries.’’.

SEC. 2304. ELIMINATION OF STATUTORY ESTABLISHMENT OF CERTAIN POSITIONS

OF THE DEPARTMENT OF STATE.

(a) ASSISTANT SECRETARY OF STATE FOR

SOUTH ASIAN AFFAIRS.—Section 122 of the

Foreign Relations Authorization Act, Fiscal

Years 1992 and 1993 (22 U.S.C. 2652b) is repealed.

(b) DEPUTY ASSISTANT SECRETARY OF STATE

FOR BURDENSHARING.—Section 161 of the Foreign Relations Authorization Act, Fiscal

Years 1994 and 1995 (22 U.S.C. 2651a note) is

amended by striking subsection (f).

(c) ASSISTANT SECRETARY FOR OCEANS AND

INTERNATIONAL ENVIRONMENTAL AND SCIENTIFIC AFFAIRS.—Section 9 of the Department of State Appropriations Authorization

Act of 1973 (22 U.S.C. 2655a) is repealed.

SEC. 2305. ESTABLISHMENT OF ASSISTANT SECRETARY OF STATE FOR HUMAN RESOURCES.

Section 1(c) of the State Department Basic

Authorities Act of 1956 (22 U.S.C. 2651a(c)) is

amended by adding after paragraph (1) the

following new paragraph:

‘‘(2) ASSISTANT SECRETARY FOR HUMAN RESOURCES.—There shall be in the Department

of State an Assistant Secretary for Human

Resources who shall be responsible to the

Secretary of State for matters relating to

human resources including the implementation of personnel policies and programs within the Department of State and international affairs functions and activities carried out through the Department of State.

The Assistant Secretary shall have substantial professional qualifications in the field of

human resource policy and management.’’.

SEC. 2306. AUTHORITY OF UNITED STATES PERMANENT REPRESENTATIVE TO THE

UNITED NATIONS.

Section 2(a) of the United Nations Participation Act of 1945 (22 U.S.C. 287(a)) is amended by striking ‘‘hold office at the pleasure of

the President’’ and inserting ‘‘serve at the

pleasure of the President and subject to the

direction of the Secretary of State’’.

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

SERVICE

SEC. 2351. AUTHORIZED STRENGTH OF THE FOREIGN SERVICE.

(a) END FISCAL YEAR 1996 LEVELS.—The

number of members of the Foreign Service

authorized to be employed as of September

30, 1996—

(1) for the Department of State, shall not

exceed 9,000, of whom not more than 720 shall

be members of the Senior Foreign Service;

(2) for the United States Information Agency, shall not exceed 1,150, of whom not more

than 165 shall be members of the Senior Foreign Service; and

(3) for the Agency for International Development, not to exceed 1,800, of whom not

more than 240 shall be members of the Senior

Foreign Service.

(b) END FISCAL YEAR 1997 LEVELS.—The

number of members of the Foreign Service

authorized to be employed as of September

30, 1997—

(1) for the Department of State, shall not

exceed 8,800, of whom not more than 680 shall

be members of the Senior Foreign Service;

(2) for the United States Information Agency, not to exceed 1,100 of whom not more

than 160 shall be members of the Senior Foreign Service; and

(3) for the Agency for International Development, not to exceed 1,775 of whom not

more than 230 shall be members of the Senior

Foreign Service.

(c) DEFINITION.—For the purposes of this

section, the term ‘‘members of the Foreign

Service’’ is used within the meaning of such

term under section 103 of the Foreign Service

Act of 1980 (22 U.S.C 3903), except that such

term does not include—

(1) members of the Service under paragraphs (6) and (7) of such section;

(2) members of the Service serving under

temporary resident appointments abroad;

(3) members of the Service employed on

less than a full-time basis;

(4) members of the Service subject to involuntary separation in cases in which such

separation has been suspended pursuant to

section 1106(8) of the Foreign Service Act of

1980; and

(5) members of the Service serving under

non-career limited appointments.

(d) WAIVER AUTHORITY.—(1) Subject to

paragraph (2), the President may waive any

limitation under subsection (a) or (b) to the

extent that such waiver is necessary to carry

on the foreign affairs functions of the United

States.

(2) Not less than 15 days before the President exercises a waiver under paragraph (1),

such agency head shall notify the Chairman

of the Committee on Foreign Relations of

the Senate and the Chairman of the Committee on International Relations of the House

of Representatives. Such notice shall include

an explanation of the circumstances and necessity for such waiver.

SEC. 2352. REPEAL OF AUTHORITY FOR SENIOR

FOREIGN SERVICE PERFORMANCE

PAY.

(a) REPEAL.—Section 405 of the Foreign

Service Act of 1980 (22 U.S.C. 3965) is repealed.
H 5208 CONGRESSIONAL RECORD — HOUSE May 17, 1995

(b) CONFORMING AMENDMENT.—Section 2 of

the Foreign Service Act of 1980 is amended in

the table of contents by striking the item related to section 405.

SEC. 2353. RECOVERY OF COSTS OF HEALTH

CARE SERVICES.

(a) AUTHORITIES.—Section 904 of the Foreign Service Act of 1980 (22 U.S.C. 4084) is

amended—

(1) in subsection (a) by—

(A) striking ‘‘and’’ before ‘‘members of the

families of such members and employees’’;

and

(B) by inserting immediately before the period ‘‘, and for care provided abroad) such

other persons as are designated by the Secretary of State, except that such persons

shall be considered persons other than covered beneficiaries for purposes of subsections

(g) and (h)’’;

(2) in subsection (d) by inserting ‘‘, subject

to the provisions of subsections (g) and (h)’’

after ‘‘treatment’’; and

(3) by adding the following new subsections:

‘‘(g)(1) In the case of a person who is a covered beneficiary, the Secretary of State is

authorized to collect from a third-party

payer the reasonable costs incurred by the

Department of State on behalf of such person

for health care services to the same extent

that the covered beneficiary would be eligible to receive reimbursement or indemnification from the third-party payer for such

costs.

‘‘(2) If the insurance policy, plan, contract,

or similar agreement of that third-party

payer includes a requirement for a deductible or copayment by the beneficiary of the

plan, then the Secretary of State may collect from the third-party payer only the reasonable costs of the care provided less the

deductible or copayment amount.

‘‘(3) A covered beneficiary shall not be required to pay any deductible or copayment

for health care services under this subsection.

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

service, or health plan contract or agreement having the effect of excluding from

coverage or limiting payment of charges for

care in the following circumstances shall operate to prevent collection by the Secretary

of State under paragraph (1)—

‘‘(A) care provided directly or indirectly by

a governmental entity;

‘‘(B) care provided to an individual who has

not paid a required deductible or copayment;

or

‘‘(C) care provided by a provider with

which the third-party payer has no participation agreement.

‘‘(5) No law of any State, or of any political

subdivision of a State, and no provision of

any contract or agreement shall operate to

prevent or hinder recovery or collection by

the United States under this section.

‘‘(6) As to the authority provided in paragraph (1) of this subsection—

‘‘(A) the United States shall be subrogated

to any right or claim that the covered beneficiary may have against a third-party

payer;

‘‘(B) the United States may institute and

prosecute legal proceedings against a thirdparty payer to enforce a right of the United

States under this subsection; and

‘‘(C) the Secretary may compromise, settle, or waive a claim of the United States

under this subsection.

‘‘(7) The Secretary shall prescribe regulations for the administration of this subsection and subsection (h). Such regulations

shall provide for computation of the reasonable cost of health care services.

‘‘(8) Regulations prescribed under this subsection shall provide that medical records of

a covered beneficiary receiving health care

under this subsection shall be made available for inspection and review by representatives of the payer from which collection by

the United States is sought for the sole purpose of permitting the third party to verify—

‘‘(A) that the care or services for which recovery or collection is sought were furnished

to the covered beneficiary; and

‘‘(B) that the provisions of such care or

services to the covered beneficiary meets criteria generally applicable under the health

plan contract involved, except that this

paragraph shall be subject to the provisions

of paragraphs (2) and (4).

‘‘(9) Amounts collected under this subsection or under subsection (h) from a thirdparty payer or from any other payer shall be

deposited as an offsetting collection to any

Department of State appropriation and shall

remain available until expended.

‘‘(10) For purposes of this section—

‘‘(A) the term ‘covered beneficiary’ means

an individual eligible to receive health care

under this section whose health care costs

are to be paid by a third-party payer under a

contractual agreement with such payer;

‘‘(B) the term ‘services’, as used in ‘health

care services’ includes products; and

‘‘(C) the term ‘third-party payer’ means an

entity that provides a fee-for-service insurance policy, contract, or similar agreement

through the Federal Employees Health Benefit program, under which the expenses of

health care services for individuals are paid.

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

covered beneficiary, who receives health care

services pursuant to this section, the Secretary of State is authorized to collect from

such person the reasonable costs of health

care services incurred by the Department of

State on behalf of such person. The United

States shall have the same rights against

persons subject to the provisions of this subsection as against third-party payers covered

by subsection (g).’’.

(b) EFFECTIVE DATE.—Subsection (a) shall

take effect October 1, 1996.

TITLE XXIV—UNITED STATES PUBLIC DIPLOMACY: AUTHORITIES AND ACTIVITIES FOR UNITED STATES INFORMATIONAL, EDUCATIONAL, AND CULTURAL

PROGRAMS

CHAPTER 1—GENERAL PROVISIONS

SEC. 2401. ELIMINATION OF PERMANENT AUTHORIZATION.

Section 208 of the Foreign Relations Authorization Act, Fiscal Years 1992 and 1993 is

amended by striking subsection (e).

SEC. 2402. EXTENSION OF AU PAIR PROGRAMS.

Section 8 of the Eisenhower Exchange Fellowship Act of 1990 (Public Law 101–454) is

amended in the last sentence by striking

‘‘fiscal year 1995’’ and inserting ‘‘fiscal year

1997’’.

SEC. 2403. EDUCATIONAL AND CULTURAL EXCHANGES WITH HONG KONG.

The Director of the United States Information Agency shall conduct programs of educational and cultural exchange between the

United States and the people of Hong Kong.

SEC. 2404. CONDUCT OF CERTAIN EDUCATIONAL

AND CULTURAL EXCHANGE PROGRAMS IN ASIA.

In carrying out programs of educational

and cultural exchange in Hong Kong, China,

Vietnam, Cambodia, Tibet, Burma, and East

Timor, the Director of the United States Information Agency shall take appropriate

steps to provide opportunities for participation in such programs to human rights and

democracy leaders of such countries and persons who are nationals but not residents of

such countries.

SEC. 2405. EDUCATIONAL AND CULTURAL EXCHANGES AND SCHOLARSHIPS FOR

TIBETANS AND BURMESE.

(a) ESTABLISHMENT OF EDUCATIONAL AND

CULTURAL EXCHANGE FOR TIBETANS.—The Director of the United States Information

Agency shall establish programs of educational and cultural exchange between the

United States and the people of Tibet. Such

programs shall include opportunities for

training and, as the Director considers appropriate, may include the assignment of

personnel and resources abroad.

(b) SCHOLARSHIPS FOR TIBETANS AND BURMESE.—

(1) For each of the fiscal years 1996 and

1997, at least 30 scholarships shall be made

available to Tibetan students and professionals who are outside Tibet, and at least 15

scholarships shall be made available to Burmese students and professionals who are outside Burma.

(2) WAIVER.—Paragraph (1) shall not apply

to the extent that the Director of the United

States Information Agency determines that

there are not enough qualified students to

fulfill such allocation requirement.

(3) SCHOLARSHIP DEFINED.—For the purposes of this section, the term ‘‘scholarship’’

means an amount to be used for full or partial support of tuition and fees to attend an

educational institution, and may include

fees, books, and supplies, equipment required

for courses at an educational institution, living expenses at a United States educational

institution, and travel expenses to and from,

and within, the United States.

SEC. 2406. AVAILABILITY OF VOICE OF AMERICA

AND RADIO MARTI MULTILINGUAL

COMPUTER READABLE TEXT AND

VOICE RECORDINGS.

(a) IN GENERAL.—Notwithstanding section

208 of the Foreign Relations Authorization

Act, Fiscal Years 1986 and 1987 (22 U.S.C.

1461–1a) and the second sentence of section

501 of the United States Information and

Educational Exchange Act of 1948 (22 U.S.C.

1461), the Director of the United States Information Agency is authorized to make available, upon request, to the Linguistic Data

Consortium of the University of Pennsylvania computer readable multilingual text and

recorded speech in various languages. The

Consortium shall, directly or indirectly as

appropriate, reimburse the Director for any

expenses involved in making such materials

available.

(b) TERMINATION.—Subsection (a) shall

cease to have effect 5 years after the date of

the enactment of this Act.

SEC. 2407. RETENTION OF INTEREST.

Notwithstanding any other provision of

law, with the approval of the National Endowment for Democracy, grant funds made

available by the National Endowment for Democracy may be deposited in interest-bearing accounts pending disbursement and any

interest which accrues may be retained by

the grantee and used for the purposes for

which the grant was made.

SEC. 2408. USIA OFFICE IN PRISTINA, KOSOVA.

(a) ESTABLISHMENT OF OFFICE.—The Director of the United States Information Agency

shall seek to establish an office in Pristina,

Kosova, for the following purposes:

(1) Disseminating information about the

United States.

(2) Promoting discussions on human rights,

democracy, rule of law, and conflict resolution.

(3) Facilitating United States private sector involvement in educational and cultural

activities in Kosova.

(4) Advising the United States Government

with respect to public opinion in Kosova.

(b) REPORT TO CONGRESS.—Not later than

April 1 of each year until subsection (a) has

been fully implemented, the Director of the

United States Information Agency shall submit a detailed report on developments relating to the implementation of subsection (a)

to the appropriate congressional committees.
May 17, 1995 CONGRESSIONAL RECORD — HOUSE H 5209

CHAPTER 2—INTERNATIONAL

BROADCASTING

SEC. 2431. EXPANSION OF BROADCASTING BOARD

OF GOVERNORS.

Section 304(b) of the United States International Broadcasting Act of 1994 (22 U.S.C.

6203) is amended—

(1) in paragraph (1) by striking ‘‘9’’ and inserting ‘‘11’’;

(2) in paragraph (1)(A) by striking ‘‘8’’ and

inserting ‘‘10’’; and

(3) in paragraph (3) by striking ‘‘4’’ and inserting ‘‘5’’.

SEC. 2432. PLAN FOR RADIO FREE ASIA.

Section 309(c) of the United States International Broadcasting Act (22 U.S.C. 6208(c))

is amended to read as follows:

‘‘(c) SUBMISSION OF PLAN.—Not later than

90 days after the date of the enactment of

the Foreign Relations Authorization Act,

Fiscal Years 1996 and 1997, the Director of

the United States Information Agency shall

submit to the Congress a detailed plan for

the establishment and operation of Radio

Free Asia in accordance with this section.

Such plan shall include the following:

‘‘(1) A description of the manner in which

Radio Free Asia would meet the funding limitations provided in subsection (d)(4).

‘‘(2) A description of the numbers and

qualifications of employees it proposes to

hire.

‘‘(3) How it proposes to meet the technical

requirements for carrying out its responsibilities under this section.’’.

SEC. 2433. PILOT PROJECT FOR FREEDOM

BROADCASTING TO ASIA.

(a) AUTHORITY.—The Director of the United

States Information Agency shall make

grants for broadcasting to the People’s Republic of China, Burma, Cambodia, Laos,

North Korea, Tibet, and Vietnam. Such

broadcasting shall provide accurate and

timely information, news, and commentary

about events in the respective countries of

Asia and elsewhere, and shall be a forum for

a variety of opinions and voices from within

Asian nations whose people do not fully

enjoy freedom of expression.

(b) PURPOSE.—The purpose of such grants

shall be to provide such broadcasting on an

interim basis during the period before Radio

Free Asia becomes fully operational.

(c) APPLICATIONS.—In considering applications for grants, the Director of the United

States Information Agency shall give strong

preference to entities which (1) take advantage of the expertise of political and religious dissidents and pro-democracy and

human rights activists from within the countries to whom broadcasting is directed, including exiles from these countries; and (2)

take advantage of contracts or similar arrangements with existing broadcast facilities so as to provide immediate broadcast

coverage with low overhead.

(d) PLAN.—Not later than 30 days after the

date of the enactment of this Act, the Director of the United States Information Agency

shall submit to the appropriate congressional committees a plan for implementing

this section which shall include details concerning timetable for implementation, grant

criteria, and grant application procedures.

The procedures and timetable should be designed to ensure that grantees will begin

broadcasting not later than 120 days after

the date of the enactment of this Act.

TITLE XXV—INTERNATIONAL

ORGANIZATIONS AND COMMISSIONS

CHAPTER 1—GENERAL PROVISIONS

SEC. 2501. INTERNATIONAL BOUNDARY AND

WATER COMMISSION.

The Act of May 13, 1924 (49 Stat. 660, 22

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

U.S.C. 277b) by adding at the end the following new subsection:

‘‘(d) Pursuant to the authority of subsection (a) and in order to facilitate further

compliance with the terms of the Convention

for Equitable Distribution of the Waters of

the Rio Grande, May 21, 1906, United StatesMexico, the Secretary of State, acting

through the United States Commissioner of

the International Boundary and Water Commission, may make improvements to the Rio

Grande Canalization Project, originally authorized by the Act of August 29, 1935 (49

Stat. 961). Such improvements may include

all such works as may be needed to stabilize

the Rio Grande in the reach between the

Percha Diversion Dam in New Mexico and

the American Diversion Dam in El Paso.’’.

CHAPTER 2—UNITED NATIONS AND AFFILIATED AGENCIES AND ORGANIZATIONS

SEC. 2521. REFORM IN BUDGET DECISIONMAKING PROCEDURES OF THE UNITED

NATIONS AND ITS SPECIALIZED

AGENCIES.

(a) ASSESSED CONTRIBUTIONS.—Of amounts

authorized to be appropriated for ‘‘Assessed

Contributions to International Organizations’’ by this Act, the President may withhold 20 percent of the funds appropriated for

the United States assessed contribution to

the United Nations or to any of its specialized agencies for any calendar year if the

United Nations or any such agency has failed

to implement or to continue to implement

consensus-based decisionmaking procedures

on budgetary matters which assure that sufficient attention is paid to the views of the

United States and other member states that

are the major financial contributors to such

assessed budgets.

(b) NOTICE TO CONGRESS.—The President

shall notify the Congress when a decision is

made to withhold any share of the United

States assessed contribution to the United

Nations or its specialized agencies pursuant

to subsection (a) and shall notify the Congress when the decision is made to pay any

previously withheld assessed contribution. A

notification under this subsection shall include appropriate consultation between the

President (or the President’s representative)

and the Committee on International Relations of the House of Representatives and

the Committee on Foreign Relations of the

Senate.

(c) CONTRIBUTIONS FOR PRIOR YEARS.—Subject to the availability of appropriations,

payment of assessed contributions for prior

years may be made to the United Nations or

any of its specialized agencies notwithstanding subsection (a) if such payment would further United States interests in that organization.

(d) REPORT TO CONGRESS.—Not later than

February 1 of each year, the President shall

submit to the appropriate congressional

committees a report concerning the amount

of United States assessed contributions paid

to the United Nations and each of its specialized agencies during the preceding calendar

year.

SEC. 2522. LIMITATION ON CONTRIBUTIONS TO

THE UNITED NATIONS OR UNITED

NATIONS AFFILIATED ORGANIZATIONS.

The United States shall not make any voluntary or assessed contribution—

(1) to any affiliated organization of the

United Nations which grants full membership as a state to any organization or group

that does not have the internationally recognized attributes of statehood, or

(2) to the United Nations, if the United Nations grants full membership as a state in

the United Nations to any organization or

group that does not have the internationally

recognized attributes of statehood,

during any period in which such membership

is effective.

SEC. 2523. REPORT ON UNICEF.

Not later than December 31, 1995, the Secretary of State shall transmit to the appropriate congressional committees a report on

(1) the progress of UNICEF toward effective

financial, program, and personnel management; (2) the progress of UNICEF in shifting

its health, child survival, and maternal survival programs toward efficient and lowoverhead contractors, with particular emphasis on nongovernmental organizations;

and (3) the extent to which UNICEF has demonstrated its commitment to its traditional

mission of child health and welfare and resisted pressure to become involved in functions performed by other United Nations

agencies.

SEC. 2524. UNITED NATIONS BUDGETARY AND

MANAGEMENT REFORM.

(a) IN GENERAL.—The United Nations Participation Act of 1945 (22 U.S.C. 287 et seq.) is

amended by adding at the end the following

new section:

‘‘SEC. 10. (a) WITHHOLDING OF CONTRIBUTIONS RELATED TO THE ROLE OF THE INSPECTOR GENERAL OF THE UNITED NATIONS.—

‘‘(1) ASSESSED CONTRIBUTIONS FOR REGULAR

UNITED NATIONS BUDGET.—For fiscal year 1996

and for each subsequent fiscal year, 20 percent of the amount of funds made available

for that fiscal year for United States assessed contributions for the regular United

Nations budget shall be withheld from obligation and expenditure unless a certification

for that fiscal year has been made under subsection (b).

‘‘(2) ASSESSED CONTRIBUTIONS FOR UNITED

NATIONS PEACEKEEPING.—For fiscal year 1996

and for each subsequent fiscal year, 50 percent of the amount of funds made available

for that fiscal year for United States assessed contributions for United Nations

peacekeeping activities shall be withheld

from obligation and expenditure unless a

certification for that fiscal year has been

made under subsection (b).

‘‘(3) VOLUNTARY CONTRIBUTIONS FOR UNITED

NATIONS PEACEKEEPING.—For fiscal year 1996

and for each subsequent fiscal year, the

United States may not pay any voluntary

contribution to the United Nations for international peacekeeping activities unless a

certification for that fiscal year has been

made under subsection (b).

‘‘(b) CERTIFICATION.—The certification referred to in subsection (a) for any fiscal year

is a certification by the President to the

Congress, submitted on or after the beginning of that fiscal year, of each of the following:

‘‘(1) The United Nations has an independent office of Inspector General to conduct

and supervise objective audits, inspections,

and investigations relating to programs and

operations of the United Nations.

‘‘(2) The United Nations has an Inspector

General who was appointed by the Secretary

General with the approval of the General Assembly and whose appointment was made

principally on the basis of the appointee’s integrity and demonstrated ability in accounting, auditing, financial analysis, law, management analysis, public administration, or

investigation.

‘‘(3) The Inspector General is authorized

to—

‘‘(A) make investigations and reports relating to the administration of the programs

and operations of the United Nations;

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

and other available materials relating to

those programs and operations;

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

official of the United Nations; and

‘‘(D) have access to all records and officials

of the specialized agencies of the United Nations.
H 5210 CONGRESSIONAL RECORD — HOUSE May 17, 1995

‘‘(4) The United Nations has fully implemented, and made available to all member

states, procedures that effectively protect

the identity of, and prevent reprisals

against, any staff member of the United Nations making a complaint or disclosing information to, or cooperating in any investigation or inspection by, the United Nations

Inspector General.

‘‘(5) The United Nations has fully implemented procedures that ensure compliance

with recommendations of the United Nations

Inspector General.

‘‘(6) The United Nations has required the

United Nations Inspector General to issue an

annual report and has ensured that the annual report and all other reports of the Inspector General are made available to the

General Assembly without modification.

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

is committed to providing, sufficient budgetary resources to ensure the effective operation of the United Nations Inspector General.’’.

(b) WITHHOLDING OF CONTRIBUTIONS RELATED TO CONTRACTING OF THE UNITED NATIONS.—The United Nations Participation

Act of 1945 (22 U.S.C. 287 et seq.) is further

amended by adding at the end the following

new section:

‘‘SEC. 11. (a) WITHHOLDING OF CONTRIBUTIONS RELATED TO TIMELY NOTICE OF CONTRACT OPPORTUNITIES AND CONTRACT

AWARDS.—

‘‘(1) WITHHOLDING OF ASSESSED CONTRIBUTIONS FOR REGULAR UNITED NATIONS BUDGET.—

For fiscal year 1997 and for each subsequent

fiscal year, 10 percent of the amount of funds

made available for that fiscal year for United States assessed contributions for the regular United Nations budget shall be withheld

from obligation and expenditure unless a

certification for that fiscal year has been

made under paragraph (2).

‘‘(2) CERTIFICATION.—The certification referred to in paragraph (1) for any fiscal year

is a certification by the President to the

Congress, submitted on or after the beginning of that fiscal year, that the United Nations has implemented a system requiring

(A) prior notification for the submission of

all qualified bid proposals on all United Nations procurement opportunities over

$100,000 and (B) a public announcement of the

award of any contract over $100,000. To the

extent practicable, notifications shall be

made in the Commerce Business Daily.

‘‘(b) WITHHOLDING OF CONTRIBUTIONS RELATED TO DISCRIMINATION AGAINST COMPANIES

WHICH CHALLENGE CONTRACT AWARDS.—

‘‘(1) WITHHOLDING OF ASSESSED CONTRIBUTIONS FOR REGULAR UNITED NATIONS BUDGET.—

For fiscal year 1997 and for each subsequent

fiscal year, 10 percent of the amount of funds

made available for that fiscal year for United States assessed contributions for the regular United Nations budget shall be withheld

from obligation and expenditure unless a

certification for that fiscal year has been

made under paragraph (2).

‘‘(2) CERTIFICATION.—The certification referred to in paragraph (1) for any fiscal year

is a certification by the President to the

Congress, submitted on or after the beginning of that fiscal year, that the procurement regulations of the United Nations prohibit punitive actions such as the suspension

of contract eligibility for contractors who

challenge contract awards or complain about

delayed payments.

‘‘(c) WITHHOLDING OF CONTRIBUTIONS RELATED TO ESTABLISHMENT OF A UNITED NATIONS CONTRACT REVIEW PROCESS.—

‘‘(1) WITHHOLDING OF ASSESSED CONTRIBUTIONS FOR REGULAR UNITED NATIONS BUDGET.—

For fiscal year 1998 and for each subsequent

fiscal year, 10 percent of the amount of funds

made available for that fiscal year for United States assessed contributions for the regular United Nations budget shall be withheld

from obligation and expenditure unless a

certification for that fiscal year has been

made under paragraph (2).

‘‘(2) CERTIFICATION.—The certification referred to in paragraph (1) for any fiscal year

is a certification by the President to the

Congress, submitted on or after the beginning of that fiscal year, that the United Nations has established a contract review process for contracts over $100,000 and a process

to assure unsuccessful bidders a timely opportunity to challenge awards for contracts

over $100,000 such bidders consider to have

been made improperly.’’.

(c) PROCUREMENT INFORMATION.—Section

4(d) of the United Nations Participation Act

of 1945 (22 U.S.C. 287b(d)), as amended by section 407 of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 (Public

Law 103-236) is amended in paragraph (2)(B)

by inserting before the period ‘‘, including

local procurement contracts’’.

TITLE XXVI—FOREIGN POLICY

PROVISIONS

CHAPTER 1—MISCELLANEOUS FOREIGN

POLICY PROVISIONS

SEC. 2601. TAIWAN RELATIONS ACT.

(a) APPLICABILITY.—Section 3 of the Taiwan Relations Act (22 U.S.C. 3302) is amended by adding at the end the following new

subsection:

‘‘(d) The provisions of subsections (a) and

(b) supersede any provision of the Joint Communique of the United States and China of

August 17, 1982.’’.

(b) VISITS TO THE UNITED STATES BY OFFICIALS OF THE GOVERNMENT OF THE REPUBLIC

OF CHINA ON TAIWAN.—Section 4 of the Taiwan Relations Act (22 U.S.C. 3303) is amended by adding at the end the following new

subsection:

‘‘(e) The Congress finds and declares that

there are no legitimate foreign policy

grounds for preventing members of the government chosen by the people of Taiwan

from making private visits to the United

States. Accordingly, notwithstanding any

other provision of law, no official of the government of the Republic of China on Taiwan

may be excluded from the United States on

the basis of a determination by the Secretary of State that the entry or proposed

activities in the United States of such individual would have potentially serious adverse foreign policy consequences for the

United States.’’.

SEC. 2602. BOSNIA GENOCIDE JUSTICE ACT.

(a) SHORT TITLE.—This section may be

cited as the ‘‘Bosnia Genocide Justice Act’’.

(b) POLICY.—

(1) IN GENERAL.—Consistent with international law, it is the policy of the United

States to bring to justice persons responsible

for genocide, war crimes, crimes against humanity and other serious violations of international humanitarian law committed in the

territory of the former Yugoslavia since 1991.

(2) SENSE OF CONGRESS.—The Congress

urges the President—

(A) to collect or assist appropriate organizations and individuals to collect relevant

data on these crimes committed in the

former Yugoslavia;

(B) to share such data with the War Crimes

Tribunal for the former Yugoslavia established by the Security Council of the United

Nations;

(C) to assist United Nations efforts to investigate, prosecute, and try those responsible for genocide, war crimes, crimes

against humanity and other serious violations of international humanitarian law

committed in the territory of the former

Yugoslavia since 1991;

(D) to submit to the Congress implementing legislation to enable compliance with requests and orders of the tribunal; and

(E) to support the ongoing work of the Tribunal through adequate financial contributions to the United Nations Voluntary Fund

for the War Crimes Tribunal for the former

Yugoslavia for 1996 and 1997.

(c) REPORTING REQUIREMENT.—Beginning 6

months after the date of enactment of this

Act, and every 6 months thereafter during

fiscal years 1996 and 1997, the President shall

submit a report describing the steps taken to

implement the provisions of this section to

the appropriate congressional committees.

SEC. 2603. EXPANSION OF COMMISSION ON SECURITY AND COOPERATION IN EUROPE.

Section 3(a) of the Act entitled ‘‘An Act to

establish a Commission on Security and Cooperation in Europe’’, approved June 3, 1976

(22 U.S.C. 3003) is amended—

(1) in subsection (a) by striking ‘‘twentyone’’ and inserting ‘‘twenty-nine’’; and

(2) by striking paragraphs (1) and (2) and

inserting the following:

‘‘(1) Thirteen Members of the House of Representatives appointed by the Speaker of the

House of Representatives. Seven Members

shall be selected from the majority party

and six Members shall be selected, after

consulation with the minority leader of the

House, from the minority party.

‘‘(2) Thirteen Members of the Senate appointed by the President of the Senate.

Seven Members shall be selected from the

majority party of the Senate, after consultation with the majority leader, and six Members shall be selected, after consultation

with the minority leader of the Senate, from

the minority party.’’.

CHAPTER 2—RELATING TO THE UNITED

STATES-NORTH KOREA AGREED FRAMEWORK AND THE OBLIGATIONS OF

NORTH KOREA UNDER THAT AND PREVIOUS AGREEMENTS WITH RESPECT TO

THE DENUCLEARIZATION OF THE KOREAN PENINSULA AND DIALOGUE WITH

THE REPUBLIC OF KOREA

SEC. 2641. FINDINGS.

The Congress makes the following findings:

(1) The United States-Democratic People’s

Republic of Korea Agreed Framework (hereafter in this chapter referred to as the

‘‘Agreed Framework’’), entered into on October 21, 1994, between the United States and

North Korea, requires North Korea to stop

and eventually dismantle its graphite-moderated nuclear reactor program and related

facilities, and comply fully with its obligations under the Treaty on the Non-Proliferation of Nuclear Weapons, in exchange for alternative energy sources, including interim

supplies of heavy fuel oil for electric generators and more proliferation-resistant light

water reactor technology.

(2) The Agreed Framework also commits

North Korea to ‘‘consistently take steps to

implement the North-South Joint Declaration on the Denuclearization of the Korean

Peninsula’’ and ‘‘engage in North-South’’

dialogue with the Republic of Korea.

(3) The Agreed Framework does not indicate specific criteria for full normalization

of relations between the United States and

North Korea, and does not link the sequencing of actions in the Agreed Framework with

any time-frame for carrying out the provisions of the North-South Joint Declaration

on the Denuclearization of the Korean Peninsula and carrying out the dialogue between North Korea and the Republic of

Korea.

(4) The commitment by North Korea to

carry out the letter and spirit of the Agreed

Framework has been put into doubt by actions of North Korea since October 21, 1994,
May 17, 1995 CONGRESSIONAL RECORD — HOUSE H 5211

including the suspected diversion of United

States heavy fuel oil in apparent contravention of the agreed purpose of the interim fuel

deliveries, the refusal to accept light water

reactors from the Republic of Korea, the

harsh denunciations of the Government of

the Republic of Korea, and other actions contrary to the commitment by North Korea to

engage in a dialogue with such Government,

and the continued conduct of provocative, offensive oriented military exercises.

(5) The nuclear threat posed by North

Korea is just one of a number of security

concerns of the United States arising out of

the policies of North Korea.

SEC. 2642. CLARIFICATION OF NUCLEAR NONPROLIFERATION OBLIGATIONS OF

NORTH KOREA UNDER THE AGREED

FRAMEWORK.

It is the sense of the Congress that in discussions or negotiations with the Government of North Korea pursuant to the implementation of the United States-Democratic

People’s Republic of Korea Agreed Framework entered into on October 21, 1994, the

President should uphold the following minimum conditions relating to nuclear nonproliferation:

(1) All spent fuel from the graphite-moderated nuclear reactors and related facilities

of North Korea should be removed from the

territory of North Korea as is consistent

with the Agreed Framework.

(2) The International Atomic Energy Agency should have the freedom to conduct any

and all inspections that it deems necessary

to fully account for the stocks of plutonium

and other nuclear materials in North Korea,

including special inspections of suspected

nuclear waste sites, before any nuclear components controlled by the Nuclear Supplier

Group Guidelines are delivered for a light

water reactor for North Korea.

(3) The dismantlement of all declared

graphite-based nuclear reactors and related

facilities in North Korea, including reprocessing units, should be completed in accordance with the Agreed Framework and in a

manner that effectively bars in perpetuity

any reactivation of such reactors and facilities.

(4) The United States should suspend actions described in the Agreed Framework if

North Korea reloads its existing 5 megawatt

nuclear reactor or resumes construction of

nuclear facilities other than those permitted

to be built under the Agreed Framework.

SEC. 2643. ROLE OF THE REPUBLIC OF KOREA

UNDER THE AGREED FRAMEWORK.

It is further the sense of the Congress that

the Republic of Korea should play the

central role in the project to provide light

water reactors to North Korea under the

Agreed Framework.

SEC. 2644. FURTHER STEPS TO PROMOTE UNITED

STATES SECURITY AND POLITICAL

INTERESTS WITH RESPECT TO

NORTH KOREA.

It is further the sense of the Congress that,

after the date of the enactment of this Act,

the President should not take further steps

toward upgrading diplomatic relations with

North Korea beyond opening liaison offices

or relaxing trade and investment barriers

imposed against North Korea without—

(1) action by the Government of North

Korea to engage in a North-South dialogue

with the Government of the Republic of

Korea;

(2) significant progress toward implementation of the North-South Joint Declaration

on the Denuclearization of the Korean Peninsula; and

(3) progress toward the achievement of several long-standing United States policy objectives regarding North Korea and the Korean Peninsula, including—

(A) reducing the number of military forces

of North Korea along the Demilitarized Zone

and relocating such military forces away

from the Demilitarized Zone;

(B) prohibiting any movement by North

Korea toward the deployment of an intermediate range ballistic missile system; and

(C) prohibiting the export by North Korea

of missiles and other weapons of mass destruction, including related technology and

components.

SEC. 2645. RESTRICTIONS ON ASSISTANCE TO

NORTH KOREA AND THE KOREAN

PENINSULA ENERGY DEVELOPMENT

ORGANIZATION.

Chapter 1 of part III of the Foreign Assistance Act of 1961 (22 U.S.C. 2370 et seq.) is

amended by adding at the end the following

new section:

‘‘SEC. 620G. ASSISTANCE TO NORTH KOREA AND

THE KOREAN PENINSULA ENERGY

DEVELOPMENT ORGANIZATION.

‘‘No assistance may be provided under this

Act or any other provision of law to North

Korea or the Korean Peninsula Energy Development Organization unless—

‘‘(1) such assistance is provided in accordance with all requirements, limitations, and

procedures otherwise applicable to the provision of such assistance for such purposes; and

‘‘(2) the President—

‘‘(A) notifies the congressional committees

specified in section 634A(a) of this Act prior

to the obligation of such assistance in accordance with the procedures applicable to

reprogramming notifications under that section, irrespective of the amount of the proposed obligation of such assistance; and

‘‘(B) determines and reports to such committees that the provision of such assistance

is vital to the national interests of the United States.’’.

(b) EFFECTIVE DATE.—Section 620G of the

Foreign Assistance Act of 1961, as added by

subsection (a), applies with respect to assistance provided to North Korea or the Korean

Peninsula Energy Development Organization

on or after the date of the enactment of this

Act.

CHAPTER 3—BURMA

SEC. 2651. UNITED STATES POLICY CONCERNING

THE DICTATORSHIP IN BURMA.

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

of the Congress that the President should

take steps to encourage the United Nations

Security Council to—

(1) impose an international arms embargo

on Burma;

(2) affirm support for human rights and the

protection of all Karen, Karenni, and other

minorities in Burma;

(3) condemn Burmese officials responsible

for crimes against humanity;

(4) take steps to encourage multilateral assistance programs for refugees from Burma

in Thailand and India; and

(5) reduce United Nations activities in

Burma, including UNDP (United Nations Development Program), UNICEF (United Nations Children’s Fund), UNFPA (United Nations Family Planning Agency), World

Health Organization (WHO), Food and Agriculture Organization (FAO), and UNIDCP

(United Nations International Drug Control

Program) activities.

(b) REDUCTION IN DIPLOMATIC PRESENCE.—It

is the sense of the Congress that the President should reduce the diplomatic presence

of the United States in Burma by reducing

the total number of the members of the Foreign Service stationed in Burma on the date

of enactment of this Act.

CHAPTER 4—TORTURE

SEC. 2661. DEFINITIONS.

(a) TORTURE.—As used in this chapter, the

term ‘‘torture’’ means any act by which severe pain or suffering, whether physical or

mental, is intentionally inflicted on a person

for such purposes as obtaining from the person or a third person information or a confession, punishing the person for an act the

person or a third person has committed or is

suspected of having committed, or intimidating or coercing the person or a third person, or for any reason based on discrimination of any kind, when such pain or suffering

is inflicted by, at the instigation of, or with

the consent or acquiescence of a public official or other person acting in an official capacity. It does not include pain or suffering

arising only from, inherent in, or incidental

to lawful sanctions.

(b) SUBSTANTIAL GROUNDS FOR BELIEVING.—

As used in this chapter, the term ‘‘substantial grounds for believing’’ means substantial evidence.

(c) IN DANGER OF BEING SUBJECTED TO TORTURE.—As used in this chapter, the term ‘‘in

danger of being subjected to torture’’ means

circumstances in which a reasonable person

would fear subjection to torture.

(d) INVOLUNTARILY RETURN.—As used in

this chapter, the term ‘‘involuntarily return’’ means to take action by which it is

reasonably foreseeable that a person will be

required to return to a country against the

person’s will, regardless of whether such return is induced by physical force and regardless of whether the person is physically

present in the United States.

SEC. 2662. UNITED STATES POLICY WITH RESPECT TO THE INVOLUNTARY RETURN OF PERSONS SUBJECTED TO

TORTURE.

No funds authorized to be appropriated by

this Act are authorized to be available to

expel, extradite, or otherwise involuntarily

return a person to a country in which there

are substantial grounds for believing the person would be in danger of being subjected to

torture, or to support, promote, or assist

such involuntary return.

TITLE XXVII—CONGRESSIONAL

STATEMENTS

SEC. 2701. INTER-AMERICAN ORGANIZATIONS.

Taking into consideration the long-term

commitment by the United States to the affairs of this Hemisphere and the need to

build further upon the linkages between the

United States and its neighbors, the Secretary of State, in allocating the level of resources for international organizations,

should pay particular attention to funding

levels of the Inter-American organizations.

SEC. 2702. TERRITORIAL INTEGRITY OF BOSNIA

AND HERZEGOVINA.

(a) FINDINGS.—The Congress makes the following findings:

(1) The sovereign and independent state of

Bosnia-Herzegovina was formally recognized

by the United States of America on April 7,

1992.

(2) The sovereign and independent state of

Bosnia-Herzegovina was admitted as a full

participating State of the Conference on Security and Cooperation in Europe on April

30, 1992.

(3) The sovereign and independent state of

Bosnia-Herzegovina was admitted as a Member state of the United Nations on May 22,

1992.

(4) The United States has declared its determination to respect and put into practice

the Declaration on Principles Guiding Relations between Participating States contained in the Final Act of the Conference on

Security and Cooperation in Europe.

(5) Each of the principles has been violated

during the course of war in BosniaHerzegovina: sovereign equality and respect

for the rights inherent in sovereignty, refraining from the threat or use of force; inviolability of frontiers; territorial integrity

of States; peaceful settlement of disputes;

nonintervention in internal affairs; respect

for human rights and fundamental freedoms,
H 5212 CONGRESSIONAL RECORD — HOUSE May 17, 1995

including the freedom of thought, conscience, religion or belief; equal rights and

self-determination of peoples; cooperation

among States; and fulfillment in good faith

of obligations under international law.

(6) Principle II of the Final Act commits

the participating States to ‘‘refrain from any

manifestation of force for the purpose of inducing another participating State to renounce the full exercise of its sovereign

rights’’.

(7) Principle III of the Final Act commits

the participating States to ‘‘refrain from any

demand for, or act of, seizure and usurpation

of part or all of the territory of any participating State’’.

(8) Principle IV of the Final Act commits

the participating States to ‘‘respect the territorial integrity of each of the participating

States’’ and ‘‘refrain from any action inconsistent with the purposes and principles of

the Charter of the United Nations against

the territorial integrity, political independence or the unity of any participating

State’’.

(9) The Charter of Paris for a New Europe

commits the participating States ‘‘to cooperate in defending democratic institutions

against activities which violate the independence, sovereign equality, or territorial

integrity of the participating States’’.

(10) The Helsinki Document 1992 reaffirms

‘‘the validity of the guiding principles and

common values of the Helsinki Final Act and

the Charter of Paris, embodying responsibilities of States towards each other and of governments towards their own people’’ which

serve as the ‘‘collective conscience of our

community’’.

(11) The Charter of the United Nations

calls upon Member states to respect the territorial integrity and political independence

of any state in keeping with the Purposes of

the United Nations.

(12) The sovereign and independent state of

Bosnia-Herzegovina has been and continues

to be subjected to armed aggression Bosnian

Serb forces, Croatian Serb forces, and others

in violation of Final Act and the Charter.

(13) Unchecked armed aggression and genocide threatens the lives of innocent civilians

as well as the very existence of the sovereign

and independent state of BosniaHerzegovina.

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

the Congress that the United States should

refuse to recognize the incorporation of any

of the territory of Bosnia-Herzegovina into

the territory of any neighboring state or the

creation of any new state or states within

the borders of Bosnia-Herzegovina resulting

from the threat or use of force, coercion, or

any other means inconsistent with international law.

SEC. 2703. THE LAOGAI SYSTEM OF POLITICAL

PRISONS.

(a) FINDINGS.—The Congress makes the following findings:

(1) The Chinese gulag, known as the

Laogai, was created as a primary means of

political repression and control when the

Communists assumed power in China in 1949.

(2) The Laogai has caused millions of people to suffer grave human rights abuses over

the past 46 years, including countless deaths.

(3) The Laogai continues to be used to incarcerate unknown numbers of ordinary citizens for political reasons, including workers,

students, intellectuals, religious believers,

and Tibetans.

(4) So-called ‘‘thought reform’’ is a standard practice of Laogai officials, and reports

of torture are routinely received by human

rights organizations from Laogai prisoners

and survivors.

(5) Negotiations about unfettered access to

Laogai prisoners between the Chinese Government and the International Red Cross

have ceased.

(6) The Laogai is in reality a huge system

of forced labor camps in which political and

penal criminals are slave laborers producing

an array of products for export throughout

the world, including the United States.

(7) The Chinese Government continues to

maintain, as part of its official propaganda

and in defiance of significant evidence to the

contrary gathered by many human rights organizations, that the Laogai is a prison system like any other in the world.

(8) Testimony delivered before the Subcommittee on International Operations and

Human Rights of the Committee on International Relations of the House of Representatives has documented human rights

abuses in the Laogai which continue to this

day.

(9) The American people have repeatedly

expressed their abhorrence of forced labor

camps systems, whether they be operated by

the Nazis, Soviet Communists, or any other

political ideology.

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

the Congress that the President should—

(1) publicly condemn the continued existence of the Laogai, and call upon the Government of the People’s Republic of China to

dismantle it, and release all of its political

prisoners; and

(2) instruct the appropriate diplomatic representatives of the United States to cause a

resolution condemning the Laogai to be put

before the United Nations Human Rights

Commission and work for its passage.

SEC. 2704. CONCERNING THE USE OF FUNDS TO

FURTHER NORMALIZE RELATIONS

WITH VIETNAM.

It is the sense of the Congress that none of

the funds authorized to be appropriated or

otherwise made available by this Act may be

obligated or expended to further normalize

diplomatic relations between the United

States and Vietnam, until Vietnam—

(1) releases all of its political and religious

prisoners;

(2) accounts for American POWs and MIAs

from the Vietnam War;

(3) holds democratic elections; and

(4) institutes policies which protect human

rights.

SEC. 2705. DECLARATION OF CONGRESS REGARDING UNITED STATES GOVERNMENT

HUMAN RIGHTS POLICY TOWARD

CHINA.

(a) FINDINGS.—The Congress makes the following findings:

(1) According to the 1994 State Department

Country Reports on Human Rights Practices

there continue to be ‘‘widespread and welldocumented human rights abuses in China,

in violation of internationally accepted

norms . . . (including) arbitrary and lengthy

incommunicado detention, torture, and mistreatment of prisoners. The regime continued severe restrictions on freedoms of

speech, press assembly and association, and

tightened controls on the exercise of these

rights during 1994. Serious human rights

abuses persisted in Tibet and other areas

populated by ethnic minorities’’.

(2) The President, in announcing his decision on Most Favored Nation trading status

for China in May 1994 stated that, ‘‘China

continues to commit very serious human

rights abuses. Even as we engage the Chinese

on military, political, and economic issues,

we intend to stay engaged with those in

China who suffer from human rights abuses.

The United States must remain a champion

of their liberties’’.

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

the Congress that the President should take

the following actions:

(1) Decline the invitation to visit China

until and unless there is dramatic overall

progress on human rights in China and Tibet

and communicate to the Government of

China that such a visit cannot take place

without such progress. Indications of overall

progress would include the release of hundreds of political, religious, and labor activists; an agreement to allow unhindered confidential access to prisoners by international

humanitarian agencies; enactment of major

legal reforms such as an end to all restrictions on the exercise of freedom of religion,

revocation of the 1993 state security law, and

the abolition of all so-called ‘‘counter-revolutionary’’ crimes; an end to forced abortion,

forced sterilization, and the provision by

government facilities of human fetal remains for consumption as food; and a decision to allow unrestricted access to Tibet by

foreign media and international human

rights monitors.

(2) Seek to develop an agreement on a multilateral strategy to promote human rights

in China with other members of the G–7, beginning with the meeting of the G–7 industrial partners scheduled for June 1995 in

Halifax, Nova Scotia. Such an agreement

should include efforts to encourage greater

cooperation by the Government of China

with the human rights rapporteurs and

working groups of the United Nations

Human Rights Commission, as well as bilateral and multilateral initiatives to secure

the unconditional release of imprisoned

peaceful pro-democracy advocates such as

Wei Jingsheng.

(3) Instruct the United States delegates to

the United Nations Fourth World Conference

on Women in September 1995 to vigorously

and publicly support nongovernmental organizations that may be subjected to harassment or to restrictions or limitations on

their activities, access to the media, or to

channels of communication during the conference by the Government of China and to

protest publicly and privately any actions by

the Government of China aimed at punishing

or repressing Chinese citizens who seek to

peacefully express their views or communicate with foreign citizens or media during

or following the United Nations Conference.

(4) Extend an invitation to the Dalai Lama

to visit Washington, District of Columbia, in

1995.

(c) UNITED STATES GOVERNMENT HUMAN

RIGHTS POLICY TOWARD CHINA.—It shall be

the policy of the United States Government

to continue to promote internationally recognized human rights and worker rights in

China and Tibet. The President shall submit

the following reports on the formulation and

implementation of United States human

rights policy toward China and the results of

that policy to the International Relations

Committee of the House of Representatives :

(1) Not later than 90 days after the date of

enactment of this Act, the President shall

report on the status of the ‘‘new United

States Human Rights Policy for China’’ announced by the President on May 26, 1994, including an assessment of the implementation and effectiveness of the policy in bringing about human rights improvements in

China and Tibet, with reference to the following specific initiatives announced on that

date:

(A) High-level dialogue on human rights.

(B) Voluntary principles in the area of

human rights for United States businesses

operating in China.

(C) Increased contact with and support for

groups and individuals in China promoting

law reform and human rights.

(D) Increased exchanges to support human

rights law reform in China.

(E) The practice of all United States officials who visit China to meet with the broadest possible spectrum of Chinese citizens.
May 17, 1995 CONGRESSIONAL RECORD — HOUSE H 5213

(F) Increased efforts to press United States

views on human rights in China at the United Nations, the United Nations Human

Rights Commission, and other international

organizations.

(G) A plan of international actions to address Tibet’s human rights problems and to

promote substantive discussions between the

Dalai Lama and the Chinese Government.

(H) Efforts to use the 1995 United Nations

Women’s Conference in Beijing to expand

freedoms of speech, association, and assembly, as well as the rights of women, in China.

(I) An information strategy for promoting

human rights by expanding Chinese and Tibetan language broadcasts on the Voice of

America and establishing Radio Free Asia.

(J) Encouraging the Chinese Government

to permit international human rights groups

to operate in and visit China.

The report required by this paragraph shall

also assess the progress, if any, of the People’s Republic of China toward ending forced

abortion, forced sterilization, and other coercive population control practices.

(2) Not later than 120 days after the date of

enactment of this Act, the President shall

report on the status of Chinese Government

compliance with United States laws prohibiting the importation into the United States

of forced labor products, including (but not

limited to) a complete assessment and report

on the implementation of the Memorandum

of Understanding signed by the United

States and China in 1992. The report shall include (but not be limited to) the following:

(A) All efforts made by the United States

Customs Service from 1992 until the date of

the report to investigate forced labor exports

and to conduct unannounced unrestricted inspections of suspected forced labor sites in

China, and the extent to which Chinese authorities cooperated with such investigations.

(B) Recommendations of what further

steps might be taken to enhance United

States effectiveness in prohibiting forced

labor exports to the United States from

China.

SEC. 2706. CONCERNING THE UNITED NATIONS

VOLUNTARY FUND FOR VICTIMS OF

TORTURE.

It is the sense of the Congress that the

President, acting through the United States

Permanent Representative to the United Nations, should—

(1) request the United Nations Voluntary

Fund for Victims of Torture—

(A) to find new ways to support and protect

treatment centers that are carrying out rehabilitative services for victims of torture;

and

(B) to encourage the development of new

such centers;

(2) use the voice and vote of the United

States to support the work of the Special

Rapporteur on Torture and the Committee

Against Torture established under the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment; and

(3) use the voice and vote of the United

States to establish a country rapporteur or

similar procedural mechanism to investigate

human rights violations in a country if either the Special Rapporteur or the Committee Against Torture indicates that a systematic practice of torture is prevalent in that

country.

SEC. 2707. RECOMMENDATIONS OF THE PRESIDENT FOR REFORM OF WAR POWERS RESOLUTION.

It is the sense of the Congress that the

President should transmit to the Congress

recommendations for reform of the War Powers Resolution (50 U.S.C. 1541 et seq.) in order

to permit the Congress and the President to

more effectively fulfill their constitutional

responsibilities with respect to the deployment of United States Armed Forces abroad.

SEC. 2708. CONFLICT IN KASHMIR.

It is the sense of the Congress that the

United States reiterates the need for all parties to the conflict in Kashmir to enter into

negotiations and resolve the conflict peacefully. The Congress urges the executive

branch to work with all parties to facilitate

a peaceful negotiated settlement of the

Kashmir conflict.

SEC. 2709. UNITED STATES RELATIONS WITH THE

FORMER YUGOSLAV REPUBLIC OF

MACEDONIA (FYROM).

It is the sense of the Congress that the

Former Yugoslav Republic of Macedonia

(FYROM) should be eligible for all United

States foreign assistance programs, including programs of the Export-Import Bank and

the Overseas Private Investment Corporation, if the government continues to respect

the rights of all ethnic minorities.

SEC. 2710. SENSE OF THE CONGRESS RELATING

TO INDONESIA.

It is the sense of the Congress that—

(1) the United States should continue to

urge progress in promotion and protection of

internationally recognized human rights by

the Government of Indonesia;

(2) in its bilateral relations with the Government of Indonesia, the United States

should place a high priority on public and

private efforts to urge the Government of Indonesia to take specific steps to remove restrictions of freedom of expression and association, to allow freedom of the press, to

allow freedom of religion, to end arbitrary

arrests and torture and ill-treatment, to

cease official attacks on nongovernmental

organizations, to end the widespread denial

of worker rights, and to hold members of the

military accountable for human rights

abuses;

(3) with respect to the situation in East

Timor, the United States should call on the

Government of Indonesia to make public the

complete findings of the investigations into

the killings of unarmed civilians in Liquica

on January 12, 1995, including the reports of

the Army Council of Military Honor and the

findings of the National Human Rights Commission, and that those responsible for the

killings be identified and brought to justice;

(4) the United States should continue to

press the Government of Indonesia to fully

comply with the 1994 and 1995 recommendations of the United Nations Human Rights

Commission regarding the need for a full accounting of the Dili incident of November

1991;

(5) the United States should urge the Government of Indonesia to allow independent

human rights monitoring organizations and

foreign journalists unhindered access to East

Timor;

(6) the United States should urge the Government of Indonesia to respect free practice

of religion, including Christianity, in Indonesia, including East Timor; and

(7) the President should instruct the United States delegates to the annual Indonesia

aid consortium donor meeting in July 1995 to

again raise concerns about human rights violations in Indonesia, including restrictions of

freedom of the press, attacks on nongovernmental organizations, and widespread violations of human rights in East Timor.

SEC. 2711. DISPLACED PERSONS.

It is the sense of the Congress that of the

amounts made available to the United Nations Development Program (and United Nations Development Program-Administered

Funds), at least $20,000,000 for fiscal year 1996

and $20,000,000 for fiscal year 1997 should be

available for programs and services conducted in cooperation with the International

Organization for Migration, the International Committee for the Red Cross, and

nongovernmental organizations, for persons

who are displaced within their countries of

nationality.

DIVISION C—FOREIGN ASSISTANCE

AUTHORIZATIONS

SEC. 3001. SHORT TITLE.

This division may be cited as the ‘‘Foreign

Aid Reduction Act of 1995’’.

SEC. 3002. DECLARATION OF POLICY.

The Congress declares the following:

(1) United States leadership overseas must

be maintained to support our vital national

security, economic, and humanitarian interests.

(2) As part of this leadership, United States

foreign assistance programs are essential to

support these national interests.

(3) However, United States foreign assistance programs can be responsibly reduced

while maintaining United States leadership

overseas.

TITLE XXXI—DEFENSE AND SECURITY

ASSISTANCE

CHAPTER 1—MILITARY AND RELATED

ASSISTANCE

Subchapter A—Foreign Military Financing

Program

SEC. 3101. AUTHORIZATION OF APPROPRIATIONS.

There are authorized to be appropriated for

grant assistance under section 23 of the

Arms Export Control Act (22 U.S.C. 2763) and

for the subsidy cost, as defined in section

502(5) of the Federal Credit Reform Act of

1990, of direct loans under such section—

(1) $3,284,440,000 for fiscal year 1996; and

(2) $3,240,020,000 for fiscal year 1997.

SEC. 3102. ADMINISTRATIVE EXPENSES.

Of the amounts made available for fiscal

years 1996 and 1997 for assistance under the

‘‘Foreign Military Financing Program’’ account under section 23 of the Arms Export

Control Act (22 U.S.C. 2763), not more than

$24,020,000 for each such fiscal year may be

made available for necessary expenses for

the general costs of administration of military assistance and sales, including expenses

incurred in purchasing passenger motor vehicles for replacement for use outside the United States.

SEC. 3103. ASSISTANCE FOR ISRAEL.

(a) MINIMUM ALLOCATION.—Of the amounts

made available for fiscal years 1996 and 1997

for assistance under the ‘‘Foreign Military

Financing Program’’ account under section

23 of the Arms Export Control Act (22 U.S.C.

2763), not less than $1,800,000,000 for each

such fiscal year shall be available only for

Israel.

(b) TERMS OF ASSISTANCE.—

(1) GRANT BASIS.—The assistance provided

for Israel for each fiscal year under subsection (a) shall be provided on a grant basis.

(2) EXPEDITED DISBURSEMENT.—Such assistance shall be disbursed—

(A) with respect to fiscal year 1996, not

later than 30 days after the date of the enactment of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1996, or by October 31, 1995, whichever is later; and

(B) with respect to fiscal year 1997, not

later than 30 days after the date of the enactment of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1997, or by October 31, 1996, whichever is later.

(3) ADVANCED WEAPONS SYSTEMS.—To the

extent that the Government of Israel requests that funds be used for such purposes,

funds described in subsection (a) shall, as

agreed by the Government of Israel and the

Government of the United States, be available for advanced weapons systems, of which
H 5214 CONGRESSIONAL RECORD — HOUSE May 17, 1995

not less than $475,000,000 for each fiscal year

shall be available only for procurement in Israel of defense articles and defense services,

including research and development.

(c) FOREIGN MILITARY SALES.—Section

21(h) of the Arms Export Control Act (22

U.S.C. 2761(h)) is amended—

(1) in paragraph (1)(A), by inserting ‘‘or the

Government of Israel’’ after ‘‘North Atlantic

Treaty Organization’’; and

(2) in paragraph (2), by striking ‘‘or to any

member government of that Organization if

that Organization or member government’’

and inserting ‘‘, any member government of

that Organization, or the Government of Israel, if the Organization, member government, or Government of Israel, as the case

may be,’’.

SEC. 3104. ASSISTANCE FOR EGYPT.

(a) MINIMUM ALLOCATION.—Of the amounts

made available for fiscal years 1996 and 1997

for assistance under the ‘‘Foreign Military

Financing Program’’ account under section

23 of the Arms Export Control Act (22 U.S.C.

2763), not less than $1,300,000,000 for each

such fiscal year shall be available only for

Egypt.

(b) TERMS OF ASSISTANCE.—The assistance

provided for Egypt for each fiscal year under

subsection (a) shall be provided on a grant

basis.

SEC. 3105. LOANS FOR GREECE AND TURKEY.

Of the amounts made available for fiscal

year 1996 under section 23 of the Arms Export

Control Act (22 U.S.C. 2763)—

(1) not more than $26,620,000 shall be made

available for the subsidy cost, as defined in

section 502(5) of the Federal Credit Reform

Act of 1990, of direct loans for Greece; and

(2) not more than $37,800,000 shall be made

available for such subsidy cost of direct

loans for Turkey.

SEC. 3106. TERMS OF LOANS.

Section 31(c) of the Arms Export Control

Act (22 U.S.C. 2771(c)) is amended to read as

follows:

‘‘(c) Loans available under section 23 shall

be provided at rates of interest that are not

less than the current average market yield

on outstanding marketable obligations of

the United States of comparable maturities.’’.

SEC. 3107. NONREPAYMENT OF GRANT ASSISTANCE.

Section 23 of the Arms Export Control Act

(22 U.S.C. 2763) is amended by adding at the

end the following new subsection:

‘‘(f) Notwithstanding any other provision

of this section, the President shall not require repayment of any assistance provided

on a grant basis under this section to a foreign country or international organization.’’.

SEC. 3108. ADDITIONAL REQUIREMENTS.

(a) AVAILABILITY OF FUNDS FOR PROCUREMENT OF DEFENSE ARTICLES, SERVICES, AND

DESIGN AND CONSTRUCTION SERVICES NOT

SOLD BY U.S. GOVERNMENT.—Section 23 of

the Arms Export Control Act (22 U.S.C. 2763),

as amended by this Act, is further amended

by adding at the end the following new subsection:

‘‘(g) Funds made available to carry out

this section for a fiscal year may be made

available to a foreign country or international organization for the purpose of financing the procurement of defense articles,

defense services, and design and construction

services that are not sold by the United

States Government under this Act only—

‘‘(1) with respect to a country that is a

member country of the North Atlantic Organization, a major non-NATO ally, or Jordan

for which assistance was justified under this

section in the annual congressional presentation documents under section 634 of the

Foreign Assistance Act of 1961 for that fiscal

year; and

‘‘(2) if such country or international organization enters into an agreement with the

United States Government that specifies the

terms and conditions under which such procurements shall be financed with such

funds.’’.

(b) AUDIT OF CERTAIN PRIVATE FIRMS.—Section 23 of such Act (22 U.S.C. 2763), as amended by this Act, is further amended by adding

at the end the following new subsection:

‘‘(h) For each fiscal year, the Secretary of

Defense, as requested by the Director of the

Defense Security Assistance Agency, shall

conduct audits on a nonreimbursable basis of

private firms that have entered into contracts with foreign governments under which

defense articles, defense services, or design

and construction services are to be procured

by such firms for such governments from financing under this section for such fiscal

year.’’.

(c) PROHIBITION ON USE OF FUNDS FOR THE

TRANSPORT OF AIRCRAFT TO COMMERCIAL

ARMS SALES SHOWS.—Section 23 of such Act

(22 U.S.C. 2763), as amended by this Act, is

further amended by adding at the end the

following new subsection:

‘‘(i) Funds made available to carry out this

section may not be used to facilitate the

transport of aircraft to commercial arms

sales shows.’’.

(d) NOTIFICATION REQUIREMENT WITH RESPECT TO CASH FLOW FINANCING.—Section 23

of such Act (22 U.S.C. 2763), as amended by

this Act, is further amended by adding at the

end the following new subsection:

‘‘(j)(1) For each country and international

organization that has been approved for cash

flow financing under this section, any letter

of offer and acceptance or other purchase

agreement, or any amendment thereto, for a

procurement of defense articles, defense

services, or design and construction services

in excess of $100,000,000 that is to be financed

in whole or in part with funds made available under this Act or the Foreign Assistance Act of 1961 shall be submitted to the

congressional committees specified in section 634A(a) of the Foreign Assistance Act of

1961 in accordance with the procedures applicable to reprogramming notifications under

that section.

‘‘(2) For purposes of this subsection, the

term ‘cash flow financing’ has the meaning

given such term in the second subsection (d)

of section 25.’’.

(e) LIMITATIONS ON USE OF FUNDS FOR DIRECT COMMERCIAL CONTRACTS.—Section 23 of

such Act (22 U.S.C. 2763), as amended by this

Act, is further amended by adding at the end

the following new subsection:

‘‘(k) Of the amounts made available for a

fiscal year to carry out this section, not

more than $100,000,000 for such fiscal year

may be made available for countries other

than Israel and Egypt for the purpose of financing the procurement of defense articles,

defense services, and design and construction

services that are not sold by the United

States Government under this Act.’’.

(f) USE OF FUNDS FOR DEMINING ACTIVITIES.—Section 23 of such Act (22 U.S.C. 2763),

as amended by this Act, is further amended

by adding at the end the following new subsection:

‘‘(l) Notwithstanding any other provision

of law, funds made available to carry out

this section may be used for demining activities, and may include activities implemented

through nongovernmental and international

organizations.’’.

Subchapter B—Other Assistance

SEC. 3121. DEFENSE DRAWDOWN SPECIAL AUTHORITIES.

(a) UNFORESEEN EMERGENCY DRAWDOWN.—

Section 506(a)(1) of the Foreign Assistance

Act of 1961 (22 U.S.C. 2318(a)(1)) is amended

by striking ‘‘$75,000,000’’ and inserting

‘‘$100,000,000’’.

(b) ADDITIONAL DRAWDOWN.—Section 506 of

such Act (22 U.S.C. 2318) is amended—

(1) in subsection (a)(2)(A), by striking ‘‘defense articles from the stocks’’ and all that

follows and inserting the following: ‘‘articles

and services from the inventory and resources of any agency of the United States

Government and military education and

training from the Department of Defense,

the President may direct the drawdown of

such articles, services, and military education and training—

‘‘(i) for the purposes and under the authorities of—

‘‘(I) chapter 8 of part I (relating to international narcotics control assistance);

‘‘(II) chapter 9 of part I (relating to international disaster assistance); or

‘‘(III) the Migration and Refugee Assistance Act of 1962; or

‘‘(ii) for the purpose of providing such articles, services, and military education and

training to Vietnam, Cambodia, and Laos as

the President determines are necessary—

‘‘(I) to support efforts to locate and repatriate members of the United States Armed

Forces and civilians employed directly or indirectly by the United States Government

who remain unaccounted for from the Vietnam War; and

‘‘(II) to ensure the safety of United States

Government personnel engaged in such cooperative efforts and to support Department of

Defense-sponsored humanitarian projects associated with such efforts.’’;

(2) in subsection (a)(2)(B), by striking

‘‘$75,000,000’’ and all that follows and inserting ‘‘$150,000,000 in any fiscal year of such articles, services, and military education and

training may be provided pursuant to subparagraph (A) of this paragraph—

‘‘(i) not more than $75,000,000 of which may

be provided from the drawdown from the inventory and resources of the Department of

Defense;

‘‘(ii) not more than $75,000,000 of which

may be provided pursuant to clause (i)(I) of

such subparagraph; and

‘‘(iii) not more than $15,000,000 of which

may be provided to Vietnam, Cambodia, and

Laos pursuant to clause (ii) of such subparagraph.’’; and

(3) in subsection (b)(1), by adding at the

end the following: ‘‘In the case of drawdowns

authorized by subclauses (I) and (III) of subsection (a)(2)(A)(i), notifications shall be provided to those committees at least 15 days in

advance in accordance with the procedures

applicable to reprogramming notifications

under section 634A.’’.

(c) NOTICE TO CONGRESS OF EXERCISE OF

SPECIAL AUTHORITIES.—Section 652 of such

Act (22 U.S.C. 2411) is amended by striking

‘‘prior to the date’’ and inserting ‘‘before’’.

SEC. 3122. STOCKPILES OF DEFENSE ARTICLES.

(a) LIMITATION ON VALUE OF ADDITIONS.—

Section 514(b)(1) of the Foreign Assistance

Act of 1961 (22 U.S.C. 2321h(b)(1)) is amended

by inserting ‘‘or in the implementation of

agreements with Israel’’ after ‘‘North Atlantic Treaty Organization’’.

(b) ADDITIONS IN FISCAL YEARS 1996 AND

1997.—Section 514(b)(2) of such Act (22 U.S.C.

2321h(b)(2)) is amended to read as follows:

‘‘(2)(A) The value of such additions to

stockpiles of defense articles in foreign countries shall not exceed $50,000,000 for each of

the fiscal years 1996 and 1997.

‘‘(B) Of the amount specified in subparagraph (A) for each of the fiscal years 1996 and

1997, not more than $40,000,000 may be made

available for stockpiles in the Republic of

Korea and not more than $10,000,000 may be

made available for stockpiles in Thailand.’’.

(c) LOCATION OF STOCKPILES OF DEFENSE

ARTICLES.—Section 514(c) of such Act (22
May 17, 1995 CONGRESSIONAL RECORD — HOUSE H 5215

U.S.C. 2321h(c)) is amended to read as follows:

‘‘(c) LOCATION OF STOCKPILES OF DEFENSE

ARTICLES.—

‘‘(1) LIMITATION.—Except as provided in

paragraph (2), no stockpile of defense articles may be located outside the boundaries of

a United States military base or a military

base used primarily by the United States.

‘‘(2) EXCEPTIONS.—Paragraph (1) shall not

apply with respect to stockpiles of defense

articles located in the Republic of Korea,

Thailand, any country that is a member of

the North Atlantic Treaty Organization, any

country that is a major non-NATO ally, or

any other country the President may designate. At least 15 days before designating a

country pursuant to the last clause of the

preceding sentence, the President shall notify the congressional committees specified

in section 634A(a) in accordance with the

procedures applicable to reprogramming notifications under that section.’’.

SEC. 3123. TRANSFER OF EXCESS DEFENSE ARTICLES.

(a) IN GENERAL.—Section 516 of the Foreign

Assistance Act of 1961 (22 U.S.C. 2321j) is

amended to read as follows:

‘‘SEC. 516. AUTHORITY TO TRANSFER EXCESS DEFENSE ARTICLES.

‘‘(a) AUTHORIZATION.—The President is authorized to transfer excess defense articles

under this section to countries for which receipt of such articles was justified pursuant

to the annual congressional presentation

documents for military assistance programs,

or for programs under chapter 8 of part I of

this Act, submitted under section 634 of this

Act, or for which receipt of such articles was

separately justified, for the fiscal year in

which the transfer is authorized.

‘‘(b) LIMITATIONS ON TRANSFERS.—The

President may transfer excess defense articles under this section only if—

‘‘(1) such articles are drawn from existing

stocks of the Department of Defense;

‘‘(2) funds available to the Department of

Defense for the procurement of defense

equipment are not expended in connection

with the transfer;

‘‘(3) the transfer of such articles will not

have an adverse impact on the military readiness of the United States;

‘‘(4) with respect to a proposed transfer of

such articles on a grant basis, such a transfer is preferable to a transfer on a sales

basis, after taking into account the potential

proceeds from, and likelihood of, such sales,

and the comparative foreign policy benefits

that may accrue to the United States as the

result of a transfer on either a grant or sales

basis;

‘‘(5) the President determines that the

transfer of such articles will not have an adverse impact on the national technology and

industrial base, and particularly, will not reduce the opportunities of entities in the national technology and industrial base to sell

new or used equipment to the countries to

which such articles are transferred; and

‘‘(6) the transfer of such articles is consistent with the policy framework for the Eastern Mediterranean established under section

620C of this Act.

‘‘(c) TERMS OF TRANSFERS.—

‘‘(1) NO COST TO RECIPIENT COUNTRY.—Excess defense articles may be transferred

under this section without cost to the recipient country.

‘‘(2) PRIORITY.—Notwithstanding any other

provision of law, the delivery of excess defense articles under this section to member

countries of the North Atlantic Treaty Organization (NATO) on the southern and southeastern flank of NATO and to major nonNATO allies on such southern and southeastern flank shall be given priority to the maximum extent feasible over the delivery of

such excess defense articles to other countries.

‘‘(d) WAIVER OF REQUIREMENT FOR REIMBURSEMENT OF DEPARTMENT OF DEFENSE EXPENSES.—Section 632(d) shall not apply with

respect to transfers of excess defense articles

(including transportation and related costs)

under this section.

‘‘(e) TRANSPORTATION AND RELATED

COSTS.—

‘‘(1) IN GENERAL.—Except as provided in

paragraph (2), funds available to the Department of Defense may not be expended for

crating, packing, handling, and transportation of excess defense articles transferred

under the authority of this section.

‘‘(2) EXCEPTION.—The President may provide for the transportation of excess defense

articles without charge to a country for the

costs of such transportation if—

‘‘(A) it is determined that it is in the national interest of the United States to do so;

‘‘(B) the recipient is a developing country

receiving less than $10,000,000 of assistance

under chapter 5 of part II of this Act (relating to international military education and

training) or section 23 of the Arms Export

Control Act (22 U.S.C. 2763; relating to the

Foreign Military Financing program) in the

fiscal year in which the transportation is

provided;

‘‘(C) the total weight of the transfer does

not exceed 25,000 pounds; and

‘‘(D) such transportation is accomplished

on a space available basis.

‘‘(f) ADVANCE NOTIFICATION TO CONGRESS

FOR TRANSFER OF CERTAIN EXCESS DEFENSE

ARTICLES.—

‘‘(1) IN GENERAL.—The President may not

transfer excess defense articles that are significant military equipment (as defined in

section 47(9) of the Arms Export Control Act)

or excess defense articles valued (in terms of

original acquisition cost) at $7,000,000 or

more, under this section or under the Arms

Export Control Act (22 U.S.C. 2751 et seq.)

until 15 days after the date on which the

President has provided notice of the proposed transfer to the congressional committees specified in section 634A(a) in accordance with procedures applicable to

reprogramming notifications under that section.

‘‘(2) CONTENTS.—Such notification shall include—

‘‘(A) a statement outlining the purposes

for which the article is being provided to the

country, including whether such article has

been previously provided to such country;

‘‘(B) an assessment of the impact of the

transfer on the military readiness of the

United States;

‘‘(C) an assessment of the impact of the

transfer on the national technology and industrial base, and particularly, the impact

on opportunities of entities in the national

technology and industrial base to sell new or

used equipment to the countries to which

such articles are to be transferred; and

‘‘(D) a statement describing the current

value of such article and the value of such

article at acquisition.

‘‘(g) AGGREGATE ANNUAL LIMITATION.—The

aggregate value of excess defense articles

transferred to countries under this section in

any fiscal year may not exceed $350,000,000.

‘‘(h) CONGRESSIONAL PRESENTATION DOCUMENTS.—Documents described in subsection

(a) justifying the transfer of excess defense

articles shall include an explanation of the

general purposes of providing excess defense

articles as well as a table which provides an

aggregate annual total of transfers of excess

defense articles in the preceding year by

country in terms of offers and actual deliveries and in terms of acquisition cost and

current value. Such table shall indicate

whether such excess defense articles were

provided on a grant or sale basis.

‘‘(i) EXCESS COAST GUARD PROPERTY.—For

purposes of this section, the term ‘excess defense articles’ shall be deemed to include excess property of the Coast Guard, and the

term ‘Department of Defense’ shall be

deemed, with respect to such excess property, to include the Coast Guard.’’.

(b) CONFORMING AMENDMENTS.—

(1) ARMS EXPORT CONTROL ACT.—Section

21(k) of the Arms Export Control Act (22

U.S.C. 2761(k)) is amended by striking ‘‘the

President shall’’ and all that follows and inserting the following: ‘‘the President shall

determine that the sale of such articles will

not have an adverse impact on the national

technology and industrial base, and particularly, will not reduce the opportunities of entities in the national technology and industrial base to sell new or used equipment to

the countries to which such articles are

transferred.’’.

(2) REPEALS.—The following provisions of

law are hereby repealed:

(A) Section 502A of the Foreign Assistance

Act of 1961 (22 U.S.C. 2303).

(B) Sections 517 through 520 of the Foreign

Assistance Act of 1961 (22 U.S.C. 2321k

through 2321n).

(C) Section 31(d) of the Arms Export Control Act (22 U.S.C. 2771(d)).

SEC. 3124. NONLETHAL EXCESS DEFENSE ARTICLES FOR ALBANIA.

Notwithstanding section 516(e) of the Foreign Assistance Act of 1961, during each of

the fiscal years 1996 and 1997, funds available

to the Department of Defense may be expended for crating, packing, handling, and

transportation of nonlethal excess defense

articles transferred under the authority of

section 516 of such Act to Albania.

CHAPTER 2—INTERNATIONAL MILITARY

EDUCATION AND TRAINING

SEC. 3141. AUTHORIZATION OF APPROPRIATIONS.

There are authorized to be appropriated

$39,781,000 for each of the fiscal years 1996

and 1997 to carry out chapter 5 of part II of

the Foreign Assistance Act of 1961 (22 U.S.C.

2347 et seq.).

SEC. 3142. ASSISTANCE FOR INDONESIA.

Funds made available for fiscal years 1996

and 1997 to carry out chapter 5 of part II of

the Foreign Assistance Act of 1961 (22 U.S.C.

2347 et seq.) may be obligated for Indonesia

only for expanded military and education

training that meets the requirements of

clauses (i) through (iv) of the second sentence of section 541 of such Act (22 U.S.C.

2347).

SEC. 3143. ADDITIONAL REQUIREMENTS.

(a) GENERAL AUTHORITY.—Section 541 of

the Foreign Assistance Act of 1961 (22 U.S.C.

2347) is amended in the second sentence in

the matter preceding clause (i) by inserting

‘‘and individuals who are not members of the

government’’ after ‘‘legislators’’.

(b) TEST PILOT EXCHANGE TRAINING.—Section 544 of such Act (22 U.S.C. 2347c) is

amended—

(1) by striking ‘‘In carrying out this chapter’’ and inserting ‘‘(a) In carrying out this

chapter’’; and

(2) by adding at the end the following new

subsection:

‘‘(b) The President may provide for the attendance of foreign military and civilian defense personnel at test pilot flight schools in

the United States without charge, and without charge to funds available to carry out

this chapter (notwithstanding section 632(d)

of this Act), if such attendance is pursuant

to an agreement providing for the exchange

of students on a one-for-one basis each fiscal

year between those United States test pilot

flight schools and comparable flight test

pilot schools of foreign countries.’’.
H 5216 CONGRESSIONAL RECORD — HOUSE May 17, 1995

(c) ASSISTANCE FOR CERTAIN FOREIGN COUNTRIES.—Chapter 5 of part II of such Act (22

U.S.C. 2347 et seq.) is amended by adding at

the end the following new section:

‘‘SEC. 546. ASSISTANCE FOR CERTAIN FOREIGN

COUNTRIES.

‘‘Of the amounts made available for a fiscal year for assistance under this chapter,

not more than $300,000 for such fiscal year

may be made available for assistance on a

grant basis for any high-income foreign

country for military education and training

of military and related civilian personnel of

such country if such country agrees to provide for the transportation and living allowances of such military and related civilian

personnel.’’.

CHAPTER 3—ANTITERRORISM

ASSISTANCE

SEC. 3151. AUTHORIZATION OF APPROPRIATIONS.

(a) IN GENERAL.—There are authorized to

be appropriated $20,000,000 for fiscal year 1996

and $25,000,000 for fiscal year 1997 to carry

out chapter 8 of part II of the Foreign Assistance Act of 1961 (22 U.S.C. 2349aa et seq.).

(b) AVAILABILITY OF AMOUNTS.—Amounts

authorized to be appropriated under subsection (a) are authorized to remain available until expended.

SEC. 3152. ANTITERRORISM TRAINING ASSISTANCE.

(a) IN GENERAL.—Section 571 of the Foreign

Assistance Act of 1961 (22 U.S.C. 2349aa) is

amended by striking ‘‘Subject to the provisions of this chapter’’ and inserting ‘‘Notwithstanding any other provision of law that

restricts assistance to foreign countries

(other than sections 502B and 620A of this

Act)’’.

(b) LIMITATIONS.—Section 573 of such Act

(22 U.S.C. 2349aa–2) is amended—

(1) in the heading, by striking ‘‘specific authorities and’’;

(2) by striking subsection (a);

(3) by redesignating subsections (b)

through (f) as subsections (a) through (e), respectively; and

(4) in subsection (c) (as redesignated)—

(A) by striking paragraphs (1) and (2);

(B) by redesignating paragraphs (3)

through (5) as paragraphs (1) through (3), respectively; and

(C) by amending paragraph (2) (as redesignated) to read as follows:

‘‘(2)(A) Except as provided in subparagraph

(B), funds made available to carry out this

chapter shall not be made available for the

procurement of weapons and ammunition.

‘‘(B) Subparagraph (A) shall not apply to

small arms and ammunition in categories I

and III of the United States Munitions List

that are integrally and directly related to

antiterrorism training provided under this

chapter if, at least 15 days before obligating

those funds, the President notifies the appropriate congressional committees specified in

section 634A of this Act in accordance with

the procedures applicable to reprogramming

notifications under such section.

‘‘(C) The value (in terms of original acquisition cost) of all equipment and commodities provided under this chapter in any fiscal year may not exceed 25 percent of the

funds made available to carry out this chapter for that fiscal year.’’.

(c) ANNUAL REPORT.—Section 574 of such

Act (22 U.S.C. 2349aa–3) is hereby repealed.

(d) TECHNICAL CORRECTIONS.—Section 575

(22 U.S.C. 2349aa–4) and section 576 (22 U.S.C.

2349aa–5) of such Act are redesignated as sections 574 and 575, respectively.

SEC. 3153. RESEARCH AND DEVELOPMENT EXPENSES.

Funds made available for fiscal years 1996

and 1997 to carry out chapter 8 of part II of

the Foreign Assistance Act of 1961 (22 U.S.C.

2349aa et seq.; relating to antiterrorism assistance) may be made available to the Technical Support Working Group of the Department of State for research and development

expenses related to contraband detection

technologies or for field demonstrations of

such technologies (whether such field demonstrations take place in the United States

or outside the United States).

CHAPTER 4—NARCOTICS CONTROL

ASSISTANCE

SEC. 3161. AUTHORIZATION OF APPROPRIATIONS.

(a) IN GENERAL.—There are authorized to

be appropriated $213,000,000 for each of the

fiscal years 1996 and 1997 to carry out chapter

8 of part I of the Foreign Assistance Act of

1961 (22 U.S.C. 2291 et seq.).

(b) AVAILABILITY OF AMOUNTS.—Amounts

authorized to be appropriated under subsection (a) are authorized to remain available until expended.

SEC. 3162. ADDITIONAL REQUIREMENTS.

(a) POLICY AND GENERAL AUTHORITIES.—

Section 481(a) of the Foreign Assistance Act

(22 U.S.C. 2291(a)) is amended—

(1) in paragraph (1)—

(A) by redesignating subparagraphs (D)

through (F) as subparagraphs (E) through

(G), respectively; and

(B) by inserting after subparagraph (C) the

following new subparagraph:

‘‘(D) International criminal activities, particularly international narcotics trafficking,

money laundering, and corruption, endanger

political and economic stability and democratic development, and assistance for the

prevention and suppression of international

criminal activities should be a priority for

the United States.’’; and

(2) in paragraph (4), by adding before the

period at the end the following: ‘‘, or for

other related anticrime purposes’’.

(b) CONTRIBUTIONS AND REIMBURSEMENT.—

Section 482(c) of that Act (22 U.S.C. 2291a(c))

is amended—

(1) by striking ‘‘CONTRIBUTION BY RECIPIENT

COUNTRY.—To’’ and inserting ‘‘CONTRIBUTIONS AND REIMBURSEMENT.—(1) To’’; and

(2) by adding at the end the following new

paragraphs:

‘‘(2)(A) The President is authorized to accept contributions from other foreign governments to carry out the purposes of this

chapter. Such contributions shall be deposited as an offsetting collection to the applicable appropriation account and may be used

under the same terms and conditions as

funds appropriated pursuant to this chapter.

‘‘(B) At the time of submission of the annual congressional presentation documents

required by section 634(a), the President

shall provide a detailed report on any contributions received in the preceding fiscal

year, the amount of such contributions, and

the purposes for which such contributions

were used.

‘‘(3) The President is authorized to provide

assistance under this chapter on a reimbursable basis. Such reimbursements shall be deposited as an offsetting collection to the applicable appropriation and may be used

under the same terms and conditions as

funds appropriated pursuant to this chapter.’’.

(c) IMPLEMENTATION OF LAW ENFORCEMENT

ASSISTANCE.—Section 482 of such Act (22

U.S.C. 2291a) is amended by adding at the end

the following new subsections:

‘‘(f) TREATMENT OF FUNDS.—Funds transferred to and consolidated with funds appropriated pursuant to this chapter may be

made available on such terms and conditions

as are applicable to funds appropriated pursuant to this chapter. Funds so transferred

or consolidated shall be apportioned directly

to the bureau within the Department of

State responsible for administering this

chapter.

‘‘(g) EXCESS PROPERTY.—For purposes of

this chapter, the Secretary of State may use

the authority of section 608, without regard

to the restrictions of such section, to receive

nonlethal excess property from any agency

of the United States Government for the purpose of providing such property to a foreign

government under the same terms and conditions as funds authorized to be appropriated

for the purposes of this chapter.’’.

(d) REPORTING REQUIREMENTS.—(1) Section

489 of such Act (22 U.S.C. 2291h) is amended—

(A) in the section heading, by striking ‘‘for

fiscal year 1995’’;

(B) by striking ‘‘(a) INTERNATIONAL NARCOTICS CONTROL STRATEGY REPORT.—’’; and

(C) by striking subsections (b) and (c).

(2) Section 489A of such Act (22 U.S.C.

2291i) is hereby repealed.

(e) CERTIFICATION REQUIREMENTS.—(1) Section 490 of such Act (22 U.S.C. 2291j) is

amended—

(A) in the section heading by striking ‘‘for

fiscal year 1995’’; and

(B) by striking subsection (i).

(2) Section 490A of such Act (22 U.S.C.

2291k) is hereby repealed.

SEC. 3163. NOTIFICATION REQUIREMENT.

(a) IN GENERAL.—The authority of section

1003(d) of the National Narcotics Control

Leadership Act of 1988 (21 U.S.C. 1502(d)) may

be exercised with respect to funds authorized

to be appropriated pursuant to the Foreign

Assistance Act of 1961 (22 U.S.C. 2151 et seq.)

and with respect to the personnel of the Department of State only to the extent that

the appropriate congressional committees

have been notified 15 days in advance in accordance with the reprogramming procedures applicable under section 634A of that

Act (22 U.S.C. 2394).

(b) DEFINITION.—For purposes of this section, the term ‘‘appropriate congressional

committees’’ means the Committee on International Relations and the Committee on

Appropriations of the House of Representatives and the Committee on Foreign Relations and the Committee on Appropriations

of the Senate.

SEC. 3164. WAIVER OF RESTRICTIONS FOR NARCOTICS-RELATED ECONOMIC ASSISTANCE.

For each of the fiscal years 1996 and 1997,

narcotics-related assistance under part I of

the Foreign Assistance Act of 1961 (22 U.S.C.

2151 et seq.) may be provided notwithstanding any other provision of law that restricts

assistance to foreign countries (other than

section 490(e) or section 502B of that Act (22

U.S.C. 2291j(e) and 2304)) if, at least 15 days

before obligating funds for such assistance,

the President notifies the appropriate congressional committees (as defined in section

481(e) of that Act (22 U.S.C. 2291(e))) in accordance with the procedures applicable to

reprogramming notifications under section

634A of that Act (22 U.S.C. 2394).

CHAPTER 5—NONPROLIFERATION AND

DISARMAMENT FUND

SEC. 3171. NONPROLIFERATION AND DISARMAMENT FUND.

(a) IN GENERAL.—There are authorized to

be appropriated $25,000,000 for each of the fiscal years 1996 and 1997 to carry out bilateral

and multilateral nonproliferation and disarmament activities for the independent states

of the former Soviet Union, countries other

than the independent states of the former

Soviet Union, and international organizations under section 504 of the Freedom for

Russia and Emerging Eurasian Democracies

and Open Markets Support Act of 1992 (22

U.S.C. 5854).

(b) SUPERSEDES OTHER LAWS.—Funds made

available for fiscal years 1996 and 1997 under

the authority of section 504 of the Freedom

for Russia and Emerging Eurasian Democracies and Open Markets Support Act of 1992
May 17, 1995 CONGRESSIONAL RECORD — HOUSE H 5217

(22 U.S.C. 5854) may be used notwithstanding

any other provision of law.

(c) AVAILABILITY OF AMOUNTS.—Amounts

authorized to be appropriated under subsection (a) are authorized to remain available until expended.

CHAPTER 6—OTHER PROVISIONS

SEC. 3181. STANDARDIZATION OF CONGRESSIONAL REVIEW PROCEDURES FOR

ARMS TRANSFERS.

(a) THIRD COUNTRY TRANSFERS UNDER FMS

SALES.—Section 3(d)(2) of the Arms Export

Control Act (22 U.S.C. 2753(d)(2)) is amended—

(1) in subparagraph (A), by striking ‘‘, as

provided for in sections 36(b)(2) and 36(b)(3) of

this Act’’;

(2) in subparagraph (B), by striking ‘‘law’’

and inserting ‘‘joint resolution’’; and

(3) by adding at the end the following:

‘‘(C) If the President states in his certification under subparagraph (A) or (B) that an

emergency exists which requires that consent to the proposed transfer become effective immediately in the national security interests of the United States, thus waiving

the requirements of that subparagraph, the

President shall set forth in the certification

a detailed justification for his determination, including a description of the emergency circumstances which necessitate immediate consent to the transfer and a discussion of the national security interests involved.

‘‘(D)(i) Any joint resolution under this

paragraph shall be considered in the Senate

in accordance with the provisions of section

601(b) of the International Security Assistance and Arms Export Control Act of 1976.

‘‘(ii) For the purpose of expediting the consideration and enactment of joint resolutions under this paragraph, a motion to proceed to the consideration of any such joint

resolution after it has been reported by the

appropriate committee shall be treated as

highly privileged in the House of Representatives.’’.

(b) THIRD COUNTRY TRANSFERS UNDER COMMERCIAL SALES.—Section 3(d)(3) of such Act

(22 U.S.C. 2753(d)(3)) is amended—

(1) by inserting ‘‘(A)’’ after ‘‘(3)’’;

(2) in the first sentence—

(A) by striking ‘‘at least 30 calendar days’’;

and

(B) by striking ‘‘report’’ and inserting

‘‘certification’’; and

(3) by striking the last sentence and inserting the following: ‘‘Such certification shall

be submitted—

‘‘(i) at least 15 calendar days before such

consent is given in the case of a transfer to

a country which is a member of the North

Atlantic Treaty Organization or Australia,

Japan, or New Zealand; and

‘‘(ii) at least 30 calendar days before such

consent is given in the case of a transfer to

any other country,

unless the President states in his certification that an emergency exists which requires that consent to the proposed transfer

become effective immediately in the national security interests of the United

States. If the President states in his certification that such an emergency exists (thus

waiving the requirements of clause (i) or (ii),

as the case may be, and of subparagraph (B))

the President shall set forth in the certification a detailed justification for his determination, including a description of the

emergency circumstances which necessitate

that consent to the proposed transfer become

effective immediately and a discussion of the

national security interests involved.

‘‘(B) Consent to a transfer subject to subparagraph (A) shall become effective after

the end of the 15-day or 30-day period specified in subparagraph (A)(i) or (ii), as the case

may be, only if the Congress does not enact,

within that period, a joint resolution prohibiting the proposed transfer.

‘‘(C)(i) Any joint resolution under this

paragraph shall be considered in the Senate

in accordance with the provisions of section

601(b) of the International Security Assistance and Arms Export Control Act of 1976.

‘‘(ii) For the purpose of expediting the consideration and enactment of joint resolutions under this paragraph, a motion to proceed to the consideration of any such joint

resolution after it has been reported by the

appropriate committee shall be treated as

highly privileged in the House of Representatives.’’.

(c) COMMERCIAL SALES.—Section 36(c)(2) of

such Act (22 U.S.C. 2753(c)(2)) is amended by

amending subparagraphs (A) and (B) to read

as follows:

‘‘(A) in the case of a license for an export

to the North Atlantic Treaty Organization,

any member country of that Organization or

Australia, Japan, or New Zealand, shall not

be issued until at least 15 calendar days after

the Congress receives such certification, and

shall not be issued then if the Congress,

within that 15-day period, enacts a joint resolution prohibiting the proposed export; and

‘‘(B) in the case of any other license, shall

not be issued until at least 30 calendar days

after the Congress receives such certification, and shall not be issued then if the

Congress, within that 30-day period, enacts a

joint resolution prohibiting the proposed export.’’.

(d) COMMERCIAL MANUFACTURING AGREEMENTS.—Section 36(d) of such Act (22 U.S.C.

2753(d)) is amended—

(1) by inserting ‘‘(1)’’ after ‘‘(d)’’;

(2) by striking ‘‘for or in a country not a

member of the North Atlantic Treaty Organization’’; and

(3) by adding at the end the following:

‘‘(2) A certification under this subsection

shall be submitted—

‘‘(A) at least 15 days before approval is

given in the case of an agreement for or in a

country which is a member of the North Atlantic Treaty Organization or Australia,

Japan, or New Zealand; and

‘‘(B) at least 30 days before approval is

given in the case of an agreement for or in

any other country;

unless the President states in his certification that an emergency exists which requires the immediate approval of the agreement in the national security interests of

the United States.

‘‘(3) If the President states in his certification that an emergency exists which requires the immediate approval of the agreement in the national security interests of

the United States, thus waiving the requirements of paragraph (4), he shall set forth in

the certification a detailed justification for

his determination, including a description of

the emergency circumstances which necessitate the immediate approval of the agreement and a discussion of the national security interests involved.

‘‘(4) Approval for an agreement subject to

paragraph (1) may not be given under section

38 if the Congress, within the 15-day or 30-

day period specified in paragraph (2)(A) or

(B), as the case may be, enacts a joint resolution prohibiting such approval.

‘‘(5)(A) Any joint resolution under paragraph (4) shall be considered in the Senate in

accordance with the provisions of section

601(b) of the International Security Assistance and Arms Export Control Act of 1976.

‘‘(B) For the purpose of expediting the consideration and enactment of joint resolutions under paragraph (4), a motion to proceed to the consideration of any such joint

resolution after it has been reported by the

appropriate committee shall be treated as

highly privileged in the House of Representatives.’’.

(e) GOVERNMENT-TO-GOVERNMENT LEASES.—

(1) CONGRESSIONAL REVIEW PERIOD.—Section 62 of such Act (22 U.S.C. 2796a) is amended—

(A) in subsection (a), by striking ‘‘Not less

than 30 days before’’ and inserting ‘‘Before’’;

(B) in subsection (b)—

(i) by striking ‘‘determines, and immediately reports to the Congress’’ and inserting ‘‘states in his certification’’; and

(ii) by adding at the end of the subsection

the following: ‘‘If the President states in his

certification that such an emergency exists,

he shall set forth in the certification a detailed justification for his determination, including a description of the emergency circumstances which necessitate that the lease

be entered into immediately and a discussion

of the national security interests involved.’’;

and

(C) by adding at the end of the section the

following:

‘‘(c) The certification required by subsection (a) shall be transmitted—

‘‘(1) not less than 15 calendar days before

the agreement is entered into or renewed in

the case of an agreement with the North Atlantic Treaty Organization, any member

country of that Organization or Australia,

Japan, or New Zealand; and

‘‘(2) not less than 30 calendar days before

the agreement is entered into or renewed in

the case of an agreement with any other organization or country.’’.

(2) CONGRESSIONAL DISAPPROVAL.—Section

63(a) of such Act (22 U.S.C. 2796b(a)) is

amended—

(A) by striking ‘‘(a)(1)’’ and inserting ‘‘(a)’’;

(B) by striking out the ‘‘30 calendar days

after receiving the certification with respect

to that proposed agreement pursuant to section 62(a),’’ and inserting in lieu thereof ‘‘the

15-day or 30-day period specified in section

62(c) (1) or (2), as the case may be,’’; and

(C) by striking paragraph (2).

(f) EFFECTIVE DATE.—The amendments

made by this section apply with respect to

certifications required to be submitted on or

after the date of the enactment of this Act.

SEC. 3182. STANDARDIZATION OF THIRD COUNTRY TRANSFERS OF DEFENSE ARTICLES.

Section 3 of the Arms Export Control Act

(22 U.S.C. 2753) is amended by inserting after

subsection (a) the following new subsection:

‘‘(b) The consent of the President under

paragraph (2) of subsection (a) or under paragraph (1) of section 505(a) of the Foreign Assistance Act of 1961 (as it relates to subparagraph (B) of such paragraph) shall not be required for the transfer by a foreign country

or international organization of defense articles sold by the United States under this Act

if—

‘‘(1) such articles constitute components

incorporated into foreign defense articles;

‘‘(2) the recipient is the government of a

member country of the North Atlantic Treaty Organization, the Government of Australia, the Government of Japan, or the Government of New Zealand;

‘‘(3) the United States-origin components

are not—

‘‘(A) significant military equipment (as defined in section 47(9));

‘‘(B) defense articles for which notification

to Congress is required under section 36(b);

and

‘‘(C) identified by regulation as Missile

Technology Control Regime items; and

‘‘(4) the foreign country or international

organization provides notification of the

transfer of the defense articles to the United

States Government not later than 30 days

after the date of such transfer.’’.
H 5218 CONGRESSIONAL RECORD — HOUSE May 17, 1995

SEC. 3183. INCREASED STANDARDIZATION, RATIONALIZATION, AND INTEROPERABILITY OF ASSISTANCE AND SALES

PROGRAMS.

Paragraph (6) of section 515(a) of the Foreign Assistance Act of 1961 (22 U.S.C.

2321i(a)(6)) is amended by striking ‘‘among

members of the North Atlantic Treaty Organization and with the Armed Forces of

Japan, Australia, and New Zealand’’.

SEC. 3184. REPEAL OF PRICE AND AVAILABILITY

REPORTING REQUIREMENT RELATING TO PROPOSED SALE OF DEFENSE ARTICLES AND SERVICES.

(a) IN GENERAL.—Section 28 of the Arms

Export Control Act (22 U.S.C. 2768) is hereby

repealed.

(b) CONFORMING AMENDMENT.—Section 36(b)

of such Act (22 U.S.C. 2776(b)) is amended by

striking paragraph (4) of such section.

SEC. 3185. DEFINITION OF SIGNIFICANT MILITARY EQUIPMENT.

Section 47 of the Arms Export Control Act

(22 U.S.C. 2794) is amended—

(1) in paragraph (7), by striking ‘‘and’’ at

the end;

(2) in paragraph (8), by striking the period

at the end and inserting ‘‘; and’’; and

(3) by adding at the end the following new

paragraph:

‘‘(9) ‘significant military equipment’

means articles—

‘‘(A) for which special export controls are

warranted because of the capacity of such articles for substantial military utility or capability; and

‘‘(B) identified on the United States Munitions List.’’.

SEC. 3186. REQUIREMENTS RELATING TO THE

SPECIAL DEFENSE ACQUISITION

FUND.

(a) ELIMINATION OF ANNUAL REPORT.—

(1) IN GENERAL.—Section 53 of the Arms Export Control Act (22 U.S.C. 2795b) is hereby

repealed.

(2) CONFORMING AMENDMENT.—Section

51(a)(4) of such Act (22 U.S.C. 2795(a)(4)) is

amended—

(A) by striking ‘‘(a)’’; and

(B) by striking subparagraph (B).

(b) RETURN OF CERTAIN AMOUNTS IN FUND

TO THE TREASURY.—During fiscal year 1996

the President shall return $6,281,000 to the

miscellaneous receipts account of the Treasury from collections into the Special Defense

Acquisition Fund pursuant to section 51(b) of

the Arms Export Control Act in addition to

the amount of such collections to be returned for such fiscal year as indicated in

the President’s budget of the United States

Government for fiscal year 1996.

SEC. 3187. COST OF LEASED DEFENSE ARTICLES

THAT HAVE BEEN LOST OR DESTROYED.

Section 61(a)(4) of the Arms Export Control

Act (22 U.S.C. 2796(a)(4)) is amended by striking ‘‘and the replacement cost’’ and all that

follows and inserting the following: ‘‘and, if

the articles are lost or destroyed while

leased—

‘‘(A) in the event the United States intends

to replace the articles lost or destroyed, the

replacement cost (less any depreciation in

the value) of the articles; or

‘‘(B) in the event the United States does

not intend to replace the articles lost or destroyed, an amount not less than the actual

value (less any depreciation in the value)

specified in the lease agreement.’’.

SEC. 3188. DESIGNATION OF MAJOR NON-NATO

ALLIES.

(a) DESIGNATION.—

(1) NOTICE TO CONGRESS.—Chapter 2 of part

II of the Foreign Assistance Act of 1961 (22

U.S.C. 2311 et seq.), as amended by this Act,

is further amended by adding at the end the

following new section:

‘‘SEC. 517. DESIGNATION OF MAJOR NON-NATO

ALLIES.

‘‘(a) NOTICE TO CONGRESS.—The President

shall notify the Congress in writing at least

30 days before—

‘‘(1) designating a country as a major nonNATO ally for purposes of this Act and the

Arms Export Control Act (22 U.S.C. 2751 et

seq.); or

‘‘(2) terminating such a designation.

‘‘(b) INITIAL DESIGNATIONS.—Australia,

Egypt, Israel, Japan, the Republic of Korea,

and New Zealand shall be deemed to have

been so designated by the President as of the

effective date of this section, and the President is not required to notify the Congress of

such designation of those countries.’’.

(2) DEFINITION.—Section 644 of such Act (22

U.S.C. 2403) is amended by adding at the end

the following:

‘‘(q) ‘Major non-NATO ally’ means a country which is designated in accordance with

section 517 as a major non-NATO ally for

purposes of this Act and the Arms Export

Control Act (22 U.S.C. 2751 et seq.).’’.

(3) EXISTING DEFINITIONS.—(A) The last sentence of section 21(g) of the Arms Export

Control Act (22 U.S.C. 2761(g)) is repealed.

(B) Section 65(d) of such Act is amended—

(i) by striking ‘‘or major non-NATO’’; and

(ii) by striking out ‘‘or a’’ and all that follows through ‘‘Code’’.

(b) COOPERATIVE TRAINING AGREEMENTS.—

Section 21(g) of the Arms Export Control Act

(22 U.S.C. 2761(g)) is amended in the first sentence by striking ‘‘similar agreements’’ and

all that follows through ‘‘other countries’’

and inserting ‘‘similar agreements with

countries’’.

SEC. 3189. CERTIFICATION THRESHOLDS.

(a) INCREASE IN DOLLAR THRESHOLDS.—The

Arms Export Control Act (22 U.S.C. 2751 et

seq.) is amended—

(1) in section 3(d) (22 U.S.C. 2753(d))—

(A) in paragraphs (1) and (3), by striking

‘‘$14,000,000’’ each place it appears and inserting ‘‘$25,000,000’’; and

(B) in paragraphs (1) and (3), by striking

‘‘$50,000,000’’ each place it appears and inserting ‘‘$75,000,000’’;

(2) in section 36 (22 U.S.C. 2776)—

(A) in subsections (b)(1), (b)(5)(C), and

(c)(1), by striking ‘‘$14,000,000’’ each place it

appears and inserting ‘‘$25,000,000’’;

(B) in subsections (b)(1), (b)(5)(C), and

(c)(1), by striking ‘‘$50,000,000’’ each place it

appears and inserting ‘‘$75,000,000’’; and

(C) in subsections (b)(1) and (b)(5)(C), by

striking ‘‘$200,000,000’’ each place it appears

and inserting ‘‘$300,000,000’’; and

(3) in section 63(a) (22 U.S.C. 2796b(a))—

(A) by striking ‘‘$14,000,000’’ and inserting

‘‘$25,000,000’’; and

(B) by striking ‘‘$50,000,000’’ and inserting

‘‘$75,000,000’’.

(b) EFFECTIVE DATE.—The amendments

made by subsection (a) apply with respect to

certifications submitted on or after the date

of the enactment of this Act.

SEC. 3190. COMPETITIVE PRICING FOR SALES OF

DEFENSE ARTICLES AND SERVICES.

(a) COSTING BASIS.—Section 22 of the Arms

Export Control Act (22 U.S.C. 2762) is amended by adding at the end the following:

‘‘(d) COMPETITIVE PRICING.—Procurement

contracts made in implementation of sales

under this section for defense articles and

defense services wholly paid from funds

made available on a nonrepayable basis shall

be priced on the same costing basis with regard to profit, overhead, independent research and development, bid and proposal,

and other costing elements, as is applicable

to procurements of like items purchased by

the Department of Defense for its own use.’’.

(b) EFFECTIVE DATE AND IMPLEMENTING

REGULATIONS.—Section 22(d) of the Arms Export Control Act, as added by subsection

(a)—

(1) shall take effect on the 60th day following the date of the enactment of this Act;

(2) shall be applicable only to contracts

made in implementation of sales made after

such effective date; and

(3) shall be implemented by revised procurement regulations, which shall be issued

prior to such effective date.

SEC. 3191. DEPLETED URANIUM AMMUNITION.

Chapter 1 of part III of the Foreign Assistance Act of 1961 (22 U.S.C. 2370 et seq.), as

amended by this Act, is further amended by

adding at the end the following new section:

‘‘SEC. 620H. DEPLETED URANIUM AMMUNITION.

‘‘(a) PROHIBITION.—Except as provided in

subsection (b), none of the funds made available to carry out this Act or any other Act

may be made available to facilitate in any

way the sale of M–833 antitank shells or any

comparable antitank shells containing a depleted uranium penetrating component to

any country other than—

‘‘(1) a country that is a member of the

North Atlantic Treaty Organization;

‘‘(2) a country that has been designated as

a major non-NATO ally (as defined in section

644(q)); or

‘‘(3) Taiwan.

‘‘(b) EXCEPTION.—The prohibition contained in subsection (a) shall not apply with

respect to the use of funds to facilitate the

sale of antitank shells to a country if the

President determines that to do so is in the

national security interest of the United

States.’’.

SEC. 3192. END-USE MONITORING OF DEFENSE

ARTICLES AND DEFENSE SERVICES.

(a) IN GENERAL.—The Arms Export Control

Act (22 U.S.C.2751 et seq.) is amended by inserting after chapter 3 the following new

chapter:

‘‘CHAPTER 3A—END-USE MONITORING OF

DEFENSE ARTICLES AND DEFENSE

SERVICES

‘‘SEC. 40A. END-USE MONITORING OF DEFENSE

ARTICLES AND DEFENSE SERVICES.

‘‘(a) ESTABLISHMENT OF MONITORING PROGRAM.—

‘‘(1) IN GENERAL.—In order to improve accountability with respect to defense articles

and defense services sold, leased, or exported

under this Act or the Foreign Assistance Act

of 1961 (22 U.S.C. 2151 et seq.), the Secretary

of State shall establish a program which provides for the end-use monitoring of such articles and services.

‘‘(2) REQUIREMENTS OF PROGRAM.—To the

extent practicable, such program—

‘‘(A) shall provide for the end-use monitoring of defense articles and defense services in

accordance with the standards that apply for

identifying high-risk exports for regular enduse verification developed under section

38(g)(7) of this Act (commonly referred to as

the ‘Blue Lantern’ program); and

‘‘(B) shall be designed to provide reasonable assurance that—

‘‘(i) the recipient is complying with the requirements imposed by the United States

Government with respect to use, transfers,

and security of defense articles and defense

services; and

‘‘(ii) such articles and services are being

used for the purposes for which they are provided.

‘‘(b) CONDUCT OF PROGRAM.—In carrying

out the program established under subsection (a), the Secretary shall ensure that

the program—

‘‘(1) provides for the end-use verification of

defense articles and defense services that incorporate sensitive technology, defense articles and defense services that are particularly vulnerable to diversion or other misuse, or defense articles or defense services
May 17, 1995 CONGRESSIONAL RECORD — HOUSE H 5219

whose diversion or other misuse could have

significant consequences; and

‘‘(2) prevents the diversion (through reverse engineering or other means) of technology incorporated in defense articles.

‘‘(c) MONITORING RESPONSIBILITIES.—

‘‘(1) IN GENERAL.—Pursuant to subsection

(a), sections 3 and 38 of this Act, and sections

505, 622, and 623 of the Foreign Assistance

Act of 1961, the Secretary of State, in consultation with the Secretary of Defense and

officials of appropriate other Federal agencies, shall provide for the monitoring of defense articles and defense services described

in subsection (a).

‘‘(2) ADDITIONAL PERSONNEL.—Upon the request of the Secretary of State, the Secretary of Defense or the Secretary of the

Treasury, as the case may be, shall provide

to the agency primarily responsible for the

licensing of exports under this section, on a

nonreimbursable basis, personnel with appropriate expertise to assist in the end-use monitoring and enforcement functions under this

section and section 38 of this Act.

‘‘(d) REPORT TO CONGRESS.—Not later than

6 months after the date of the enactment of

the Foreign Aid Reduction Act of 1995, and

annually thereafter as a part of the annual

congressional presentation documents submitted under section 634 of the Foreign Assistance Act of 1961, the President shall

transmit to the Congress a report describing

the actions taken to implement this section.

‘‘(e) THIRD COUNTRY TRANSFERS.—For purposes of this section, defense articles and defense services sold, leased, or exported under

this Act or the Foreign Assistance Act of

1961 (22 U.S.C. 2151 et seq.) includes defense

articles and defense services that are transferred to a third country or other third

party.’’.

(b) EFFECTIVE DATES.—Section 40A of the

Arms Export Control Act, as added by subsection (a), applies with respect to defense

articles and defense services provided before

or after the date of the enactment of this

Act.

SEC. 3193. BROKERING ACTIVITIES RELATING TO

COMMERCIAL SALES OF DEFENSE

ARTICLES AND SERVICES.

(a) IN GENERAL.—Section 38(b)(1)(A) of the

Arms Export Control Act (22 U.S.C.

2778(b)(1)(A)) is amended—

(1) in the first sentence, by striking ‘‘As

prescribed in regulations’’ and inserting ‘‘(i)

As prescribed in regulations’’; and

(2) by adding at the end the following new

clause:

‘‘(ii)(I) As prescribed in regulations issued

under this section, every person (other than

an officer or employee of the United States

Government acting in official capacity) who

engages in the business of brokering activities with respect to the manufacture, export,

import, or transfer of any defense article or

defense service designated by the President

under subsection (a)(1), or in the business of

brokering activities with respect to the manufacture, export, import, or transfer of any

foreign defense article or defense service (as

defined in subclause (IV)), shall register with

the United States Government agency

charged with the administration of this section, and shall pay a registration fee which

shall be prescribed by such regulations.

‘‘(II) Such brokering activities shall include the financing, transportation, freight

forwarding, or the taking of any other action

that facilitates the manufacture, export, or

import of a defense article or defense service.

‘‘(III) No person may engage in the business of brokering activities without a license, issued in accordance with this Act, except that no license shall be required for

such activities undertaken by or for an agency of the United States Government—

‘‘(aa) for official use by an agency of the

United States Government; or

‘‘(bb) for carrying out any foreign assistance or sales program authorized by law and

subject to the control of the President by

other means.

‘‘(IV) For purposes of this clause, the term

‘foreign defense article or defense service’ includes any non-United States defense article

or defense service of a nature described on

the United States Munitions List regardless

of whether such article or service is of United States origin or whether such article or

service contains United States origin components.’’.

(b) EFFECTIVE DATE.—Section 38(b)(1)(A)(ii)

of the Arms Export Control Act, as added by

subsection (a), shall apply with respect to

brokering activities engaged in on or after

the date of the enactment of this Act.

TITLE XXXII—ECONOMIC ASSISTANCE

CHAPTER 1—ECONOMIC SUPPORT

ASSISTANCE

SEC. 3201. ECONOMIC SUPPORT FUND.

Section 532(a) of the Foreign Assistance

Act of 1961 (22 U.S.C. 2346a(a)) is amended to

read as follows:

‘‘(a) There are authorized to be appropriated to the President to carry out the purposes of this chapter $2,356,378,000 for fiscal

year 1996 and $2,283,478,000 for fiscal year

1997.’’.

SEC. 3202. ASSISTANCE FOR ISRAEL.

(a) MINIMUM ALLOCATION.—Of the amounts

made available for fiscal years 1996 and 1997

for assistance under chapter 4 of part II of

the Foreign Assistance Act of 1961 (22 U.S.C.

2346 et seq.; relating to the economic support

fund), not less than $1,200,000,000 for each

such fiscal year shall be available only for

Israel.

(b) TERMS OF ASSISTANCE.—

(1) CASH TRANSFER.—The total amount of

funds allocated for Israel for each fiscal year

under subsection (a) shall be made available

on a grant basis as a cash transfer.

(2) EXPEDITED DISBURSEMENT.—Such funds

shall be disbursed—

(A) with respect to fiscal year 1996, not

later than 30 days after the date of the enactment of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1996, or by October 31, 1995, whichever is later; and

(B) with respect to fiscal year 1997, not

later than 30 days after the date of the enactment of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1997, or by October 31, 1996, whichever is later.

(3) ADDITIONAL REQUIREMENT.—In exercising the authority of this subsection, the

President shall ensure that the amount of

funds provided as a cash transfer to Israel

does not cause an adverse impact on the

total level of nonmilitary exports from the

United States to Israel.

SEC. 3203. ASSISTANCE FOR EGYPT.

(a) MINIMUM ALLOCATION.—Of the amounts

made available for fiscal years 1996 and 1997

for assistance under chapter 4 of part II of

the Foreign Assistance Act of 1961 (22 U.S.C.

2346 et seq.; relating to the economic support

fund), not less than $815,000,000 for each such

fiscal year shall be available only for Egypt.

(b) ADDITIONAL REQUIREMENT.—In exercising the authority of this section, the President shall ensure that the amount of funds

provided as a cash transfer to Egypt does not

cause an adverse impact on the total level of

nonmilitary exports from the United States

to Egypt.

SEC. 3204. INTERNATIONAL FUND FOR IRELAND.

(a) FUNDING.—

(1) IN GENERAL.—Of the amounts made

available for fiscal years 1996 and 1997 for assistance under chapter 4 of part II of the Foreign Assistance Act of 1961 (22 U.S.C. 2346 et

seq.; relating to the economic support fund),

not more than $29,600,000 for fiscal year 1996

and not more than $19,600,000 for fiscal year

1997 shall be available for the United States

contribution to the International Fund for

Ireland in accordance with the Anglo-Irish

Agreement Support Act of 1986 (Public Law

99–415).

(2) AVAILABILITY.—Amounts made available under paragraph (1) are authorized to

remain available until expended.

(b) ADDITIONAL REQUIREMENTS.—

(1) PURPOSES.—Section 2(b) of the AngloIrish Agreement Support Act of 1986 (Public

Law 99-415; 100 Stat. 947) is amended by adding at the end the following new sentences:

‘‘United States contributions shall be used in

a manner that effectively increases employment opportunities in communities with

rates of unemployment significantly higher

than the local or urban average of unemployment in Northern Ireland. In addition, such

contributions shall be used to benefit individuals residing in such communities.’’.

(2) CONDITIONS AND UNDERSTANDINGS.—Section 5(a) of such Act is amended—

(A) in the first sentence—

(i) by striking ‘‘The United States’’ and inserting the following:

‘‘(1) IN GENERAL.—The United States’’;

(ii) by striking ‘‘in this Act may be used’’

and inserting the following: ‘‘in this Act—

‘‘(A) may be used’’;

(iii) by striking the period and inserting ‘‘;

and’’; and

(iv) by adding at the end the following:

‘‘(B) may be provided to an individual or

entity in Northern Ireland only if such individual or entity is in compliance with the

principles of economic justice.’’; and

(B) in the second sentence, by striking

‘‘The restrictions’’ and inserting the following:

‘‘(2) ADDITIONAL REQUIREMENTS.—The restrictions’’.

(3) PRIOR CERTIFICATIONS.—Section 5(c)(2)

of such Act is amended—

(A) in subparagraph (A), by striking ‘‘principle of equality’’ and all that follows and inserting ‘‘principles of economic justice;

and’’; and

(B) in subparagraph (B), by inserting before

the period at the end the following: ‘‘and will

create employment opportunities in regions

and communities of Northern Ireland suffering the highest rates of unemployment’’.

(4) ANNUAL REPORTS.—Section 6 of such Act

is amended—

(A) in paragraph (2), by striking ‘‘and’’ at

the end;

(B) in paragraph (3), by striking the period

and inserting ‘‘; and’’; and

(C) by adding at the end the following new

paragraph:

‘‘(4) each individual or entity receiving assistance from United States contributions to

the International Fund has agreed in writing

to comply with the principles of economic

justice.’’.

(5) DEFINITIONS.—Section 8 of such Act is

amended—

(A) in paragraph (1), by striking ‘‘and’’ at

the end;

(B) in paragraph (2), by striking the period

at the end and inserting a semicolon; and

(C) by adding at the end the following new

paragraphs:

‘‘(3) the term ‘Northern Ireland’ includes

the counties of Antrim, Armagh, Derry,

Down, Tyrone, and Fermanagh; and

‘‘(4) the term ‘principles of economic justice’ means the following principles:

‘‘(A) Increasing the representation of individuals from underrepresented religious

groups in the workforce, including managerial, supervisory, administrative, clerical,

and technical jobs.
H 5220 CONGRESSIONAL RECORD — HOUSE May 17, 1995

‘‘(B) Providing adequate security for the

protection of minority employees at the

workplace.

‘‘(C) Banning provocative sectarian or political emblems from the workplace.

‘‘(D) Providing that all job openings be advertised publicly and providing that special

recruitment efforts be made to attract applicants from underrepresented religious

groups.

‘‘(E) Providing that layoff, recall, and termination procedures do not favor a particular religious group.

‘‘(F) Abolishing job reservations, apprenticeship restrictions, and differential employment criteria which discriminate on the

basis of religion.

‘‘(G) Providing for the development of

training programs that will prepare substantial numbers of minority employees for

skilled jobs, including the expansion of existing programs and the creation of new programs to train, upgrade, and improve the

skills of minority employees.

‘‘(H) Establishing procedures to assess,

identify, and actively recruit minority employees with the potential for further advancement.

‘‘(I) Providing for the appointment of a

senior management staff member to be responsible for the employment efforts of the

entity and, within a reasonable period of

time, the implementation of the principles

described in subparagraphs (A) through

(H).’’.

(6) EFFECTIVE DATE.—The amendments

made by this subsection shall take effect 180

days after the date of the enactment of this

Act.

SEC. 3205. LAW ENFORCEMENT ASSISTANCE.

(a) IN GENERAL.—Of the amounts made

available for fiscal years 1996 and 1997 for assistance under chapter 4 of part II of the Foreign Assistance Act of 1961 (22 U.S.C. 2346 et

seq.; relating to the economic support fund),

not more than $12,000,000 for each such fiscal

year shall be available for law enforcement

assistance under chapter 8 of part I of such

Act (22 U.S.C. 2291 et seq.).

(b) AVAILABILITY.—Amounts made available under subsection (a) are authorized to

remain available until expended.

CHAPTER 2—ASSISTANCE FOR PRIVATE

SECTOR PROGRAMS AND ACTIVITIES

SEC. 3211. PRIVATE SECTOR ENTERPRISE FUNDS.

The Foreign Assistance Act of 1961 (22

U.S.C. 2151 et seq.) is amended by inserting

after section 601 the following new section:

‘‘SEC. 601A. PRIVATE SECTOR ENTERPRISE

FUNDS.

‘‘(a) AUTHORITY.—(1) The President may

provide funds and support to Enterprise

Funds designated in accordance with subsection (b) that are or have been established

for the purposes of promoting—

‘‘(A) development of the private sectors of

eligible countries, including small businesses, the agricultural sector, and joint

ventures with United States and host country participants; and

‘‘(B) policies and practices conducive to

private sector development in eligible countries;

on the same basis as funds and support may

be provided with respect to Enterprise Funds

for Poland and Hungary under the Support

for East European Democracy (SEED) Act of

1989 (22 U.S.C. 5401 et seq.).

‘‘(2) Funds may be made available under

this section notwithstanding any other provision of law.

‘‘(b) COUNTRIES ELIGIBLE FOR ENTERPRISE

FUNDS.—(1) Except as provided in paragraph

(2), the President is authorized to designate

a private, nonprofit organization as eligible

to receive funds and support pursuant to this

section with respect to any country eligible

to receive assistance under part I of this Act

in the same manner and with the same limitations as set forth in section 201(d) of the

Support for East European Democracy

(SEED) Act of 1989 (22 U.S.C. 5421(d)).

‘‘(2) The authority of paragraph (1) shall

not apply to any country with respect to

which the President is authorized to designate an enterprise fund under section

498B(c) or section 498C of this Act or section

201 of the Support for East European Democracy (SEED) Act of 1989 (22 U.S.C. 5421).

‘‘(c) TREATMENT EQUIVALENT TO ENTERPRISE FUNDS FOR POLAND AND HUNGARY.—Except as otherwise specifically provided in

this section, the provisions contained in section 201 of the Support for East European Democracy (SEED) Act of 1989 (22 U.S.C. 5421)

(excluding the authorizations of appropriations provided in subsection (b) of that section) shall apply to any Enterprise Fund

that receives funds and support under this

section. The officers, members, or employees

of an Enterprise Fund that receive funds and

support under this section shall enjoy the

same status under law that is applicable to

officers, members, or employees of the Enterprise Funds for Poland and Hungary under

section 201 of the Support for East European

Democracy (SEED) Act of 1989 (22 U.S.C.

5421).

‘‘(d) REPORTING REQUIREMENT.—Notwithstanding any other provision of this section,

the requirement of section 201(p) of the Support for East European Democracy (SEED)

Act of 1989 (22 U.S.C. 5421(p)), that an Enterprise Fund shall be required to publish an

annual report not later than January 31 each

year, shall not apply with respect to an Enterprise Fund that receives funds and support under this section for the first twelve

months after it is designated as eligible to

receive such funds and support.

‘‘(e) FUNDING.—

‘‘(1) IN GENERAL.—Amounts made available

for a fiscal year to carry out chapter 1 of

part I of this Act (relating to development

assistance) and to carry out chapter 4 of part

II of this Act (relating to the economic support fund) shall be available for such fiscal

year to carry out this section, in addition to

amounts otherwise available for such purposes.

‘‘(2) AFRICAN DEVELOPMENT.—In addition to

amounts available under paragraph (1) for a

fiscal year, amounts made available for such

fiscal year to carry out chapter 10 of part I

of this Act (relating to the Development

Fund for Africa) shall be available for such

fiscal year to carry out this section with respect to countries in Africa.’’.

SEC. 3212. MICRO- AND SMALL ENTERPRISE DEVELOPMENT CREDITS.

(a) IN GENERAL.—Section 108 of the Foreign

Assistance Act of 1961 (22 U.S.C. 2151f) is

amended to read as follows:

‘‘SEC. 108. MICRO- AND SMALL ENTERPRISE DEVELOPMENT CREDITS.

‘‘(a) FINDINGS AND POLICY.—The Congress

finds and declares that—

‘‘(1) the development of micro- and small

enterprise, including cooperatives, is a vital

factor in the stable growth of developing

countries and in the development and stability of a free, open, and equitable international economic system;

‘‘(2) it is, therefore, in the best interests of

the United States to assist the development

of the private sector in developing countries

and to engage the United States private sector in that process;

‘‘(3) the support of private enterprise can

be served by programs providing credit,

training, and technical assistance for the

benefit of micro- and small enterprises; and

‘‘(4) programs that provide credit, training,

and technical assistance to private institutions can serve as a valuable complement to

grant assistance provided for the purpose of

benefiting micro- and small private enterprise.

‘‘(b) PROGRAM.—To carry out the policy set

forth in subsection (a), the President is authorized to provide assistance to increase the

availability of credit to micro- and small enterprises lacking full access to credit, including through—

‘‘(1) loans and guarantees to credit institutions for the purpose of expanding the availability of credit to micro- and small enterprises;

‘‘(2) training programs for lenders in order

to enable them to better meet the credit

needs of micro- and small entrepreneurs; and

‘‘(3) training programs for micro- and

small entrepreneurs in order to enable them

to make better use of credit and to better

manage their enterprises.’’.

(b) AUTHORIZATION OF APPROPRIATIONS.—

(1) IN GENERAL.—(A) There is authorized to

be appropriated to carry out section 108 of

the Foreign Assistance Act of 1961, in addition to funds otherwise available for such

purposes, $2,000,000 for each of the fiscal

years 1996 and 1997. Funds authorized to be

appropriated under this subsection shall be

made available for the subsidy cost, as defined in section 502(5) of the Federal Credit

Reform Act of 1990, for activities under section 108 of the Foreign Assistance Act of

1961.

(B) In addition, there are authorized to be

appropriated $500,000 for each of the fiscal

years 1996 and 1997 for the cost of training

programs and administrative expenses to

carry out such section.

(2) AVAILABILITY OF AMOUNTS.—Amounts

authorized to be appropriated under paragraph (1) are authorized to remain available

until expended.

SEC. 3213. MICROENTERPRISE DEVELOPMENT

GRANT ASSISTANCE.

Chapter 1 of part I of the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.) is

amended by adding at the end the following

new section:

‘‘SEC. 129. MICROENTERPRISE DEVELOPMENT

GRANT ASSISTANCE.

‘‘(a) AUTHORIZATION.—(1) In carrying out

this part, the administrator of the agency

primarily responsible for administering this

part is authorized to provide grant assistance for programs of credit and other assistance for microenterprises in developing

countries.

‘‘(2) Assistance authorized under paragraph

(1) shall be provided through the following

organizations that have a capacity to develop and implement microenterprise programs:

‘‘(A) United States and indigenous private

and voluntary organizations.

‘‘(B) United States and indigenous credit

unions and cooperative organizations.

‘‘(C) Other indigenous governmental and

nongovernmental organizations.

‘‘(3) Approximately 50 percent of assistance

authorized under paragraph (1) shall be used

for poverty lending programs which—

‘‘(A) meet the needs of the very poor members of society, particularly poor women; and

‘‘(B) provide loans of $300 or less in 1995

United States dollars to such poor members

of society.

‘‘(4) The administrator of the agency primarily responsible for administering this

part shall strengthen appropriate mechanisms, including mechanisms for central

microenterprise programs, for the purpose

of—

‘‘(A) providing technical support for field

missions;

‘‘(B) strengthening the institutional development of the intermediary organizations

described in paragraph (2); and
May 17, 1995 CONGRESSIONAL RECORD — HOUSE H 5221

‘‘(C) sharing information relating to the

provision of assistance authorized under

paragraph (1) between such field missions

and intermediary organizations.

‘‘(b) MONITORING SYSTEM.—In order to

maximize the sustainable development impact of the assistance authorized under subsection (a)(1), the administrator of the agency primarily responsible for administering

this part shall establish a monitoring system

that—

‘‘(1) establishes performance goals for such

assistance and expresses such goals in an objective and quantifiable form, to the extent

feasible;

‘‘(2) establishes performance indicators to

be used in measuring or assessing the

achievement of the goals and objectives of

such assistance; and

‘‘(3) provides a basis for recommendations

for adjustments to such assistance to enhance the sustainable development impact of

such assistance, particularly the impact of

such assistance on the very poor, particularly poor women.’’.

CHAPTER 3—DEVELOPMENT ASSISTANCE

Subchapter A—Development Assistance

Authorities

SEC. 3221. AUTHORIZATIONS OF APPROPRIATIONS.

(a) IN GENERAL.—There are authorized to

be appropriated the following amounts for

the following purposes (in addition to

amounts otherwise available for such purposes):

(1) DEVELOPMENT ASSISTANCE FUND.—

$858,000,000 for each of the fiscal years 1996

and 1997 to carry out sections 103 through 106

of the Foreign Assistance Act of 1961 (22

U.S.C. 2151a through 2151d).

(2) DEVELOPMENT FUND FOR AFRICA.—

$629,214,000 for each of the fiscal years 1996

and 1997 to carry out chapter 10 of part I of

the Foreign Assistance Act of 1961 (22 U.S.C.

2293 et seq.).

(3) ASSISTANCE FOR THE INDEPENDENT

STATES OF THE FORMER SOVIET UNION.—

$643,000,000 for fiscal year 1996 and $650,000,000

for fiscal year 1997 to carry out programs

under chapter 11 of part I of the Foreign Assistance Act of 1961 (22 U.S.C. 2295 et seq.)

and other related programs.

(4) ASSISTANCE FOR EAST EUROPEAN COUNTRIES.—$325,000,000 for fiscal year 1996 and

$275,000,000 for fiscal year 1997 for economic

assistance for Eastern Europe and the Baltic

states under the Foreign Assistance Act of

1961 (22 U.S.C. 2151 et seq.) and the Support

for East European Democracy (SEED) Act of

1989 (22 U.S.C. 5401 et seq.).

(5) INTER-AMERICAN FOUNDATION.—

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

for fiscal year 1997 to carry out section 401 of

the Foreign Assistance Act of 1969 (22 U.S.C.

290f).

(6) AFRICAN DEVELOPMENT FOUNDATION.—

$10,000,000 for fiscal year 1996 and $5,000,000

for fiscal year 1997 to carry out the African

Development Foundation Act (22 U.S.C. 290h

et seq.).

(b) AVAILABILITY OF AMOUNTS.—Amounts

authorized to be appropriated under subsection (a) are authorized to remain available until expended.

SEC. 3222. CHILD SURVIVAL ACTIVITIES, VITAMIN

A DEFICIENCY PROGRAM, AND RELATED ACTIVITIES.

(a) CHILD SURVIVAL ACTIVITIES.—

(1) IN GENERAL.—(A) Of the amounts made

available to carry out the provisions of law

described in paragraph (2) for fiscal years

1996 and 1997, not less than $280,000,000 for

each such fiscal year shall be made available

only for activities which have a direct measurable impact on rates of child morbidity

and mortality, with a particular emphasis on

delivery of community-based primary health

care and health education services which

benefit the poorest of the poor.

(B) Of the amounts made available under

subparagraph (A) for a fiscal year, not less

than $30,000,000 for such fiscal year shall be

provided to private and voluntary organizations under the PVO Child Survival grants

program carried out by the agency primarily

responsible for administering part I of the

Foreign Assistance Act of 1961.

(2) PROVISIONS OF LAW.—The provisions of

law described in this paragraph are the following:

(A) Sections 103 through 106 of the Foreign

Assistance Act of 1961 (22 U.S.C. 2151a

through 2151d; relating to the development

assistance fund).

(B) Chapter 10 of part I of the Foreign Assistance Act of 1961 (22 U.S.C. 2293 et seq.; relating to the Development Fund for Africa).

(C) Chapter 4 of part II of the Foreign Assistance Act of 1961 (22 U.S.C. 2346 et seq.; relating to the economic support fund).

(D) The ‘‘Multilateral Assistance Initiative

for the Philippines’’ program.

(3) SPECIAL RULE.—Amounts made available under sections 103 through 106 of the

Foreign Assistance Act of 1961 for the Vitamin A Deficiency Program, part I of such

Act for iodine and iron fortification programs and for iron supplementation programs for pregnant women, chapter 9 of part

I of such Act for international disaster assistance, section 104(c) of such Act for international AIDS prevention and control, and

any other provision of law for migration and

refugee assistance, shall not be included in

the aggregate amounts described in paragraph (1) for purposes of the requirements

contained in such paragraph.

(b) VITAMIN A DEFICIENCY PROGRAM AND

RELATED ACTIVITIES.—Of the amounts made

available to carry out sections 103 through

106 of the Foreign Assistance Act of 1961 (22

U.S.C. 2151a through 2151d) for fiscal years

1996 and 1997, not less than $25,000,000 for

each such fiscal year shall be made available

for the Vitamin A Deficiency Program and

for activities relating to iodine deficiency

and other micronutrients.

(c) UNDP/WHO TROPICAL DISEASE PROGRAM.—Of the amounts made available to

carry out section 103 through 106 of the Foreign Assistance Act of 1961 (22 U.S.C. 2151a

through 2151d) for fiscal years 1996 and 1997,

not less than $15,000,000 for each such fiscal

year shall be made available for the United

Nations Development Program/World Health

Organization Special Program for Research

and Training in Tropical Diseases.

SEC. 3223. ASSISTANCE FOR FAMILY PLANNING.

(a) RESTRICTION ON USE OF FUNDS FOR VOLUNTARY POPULATION PLANNING.—Section

104(b) of the Foreign Assistance Act of 1961

(22 U.S.C. 2151b(b)) is amended by inserting

after the first sentence the following new

sentence: ‘‘Such assistance shall be available

only for voluntary family planning projects

which offer, either directly or through referral to, or information about access to, a

broad range of family planning methods and

services.’’

(b) PROHIBITION ON USE OF FUNDS FOR VOLUNTARY POPULATION PLANNING TO ORGANIZATIONS OR PROGRAMS SUPPORTING OR PARTICIPATING IN THE MANAGEMENT OF ABORTION OR

INVOLUNTARY STERILIZATION PROGRAMS.—

Section 104(b) of such Act (22 U.S.C. 2151b(b)),

as amended by subsection (a), is further

amended—

(1) in the first sentence, by striking ‘‘In

order to’’ and inserting ‘‘(1) In order to’’; and

(2) by adding at the end the following new

paragraph:

‘‘(2) None of the funds made available to

carry out this subsection may be made available to any organization or program which,

as determined by the President, supports or

participates in the management of a program of coercive abortion or involuntary

sterilization.’’.

(c) PROHIBITION ON DISCRIMINATION WITH

RESPECT TO GRANTS FOR NATURAL FAMILY

PLANNING.—Section 104(b) of such Act (22

U.S.C. 2151b(b)), as amended by subsections

(a) and (b), is further amended by adding at

the end the following new paragraph:

‘‘(3) In providing grants for natural family

planning under this subsection, the administrator of the agency primarily responsible

for administering this part shall not discriminate against applicants because of any

religious or conscientious commitment by

such applicants to offer only natural family

planning services.’’.

(d) CLARIFICATION WITH RESPECT TO PROHIBITION ON USE OF FUNDS FOR ABORTIONS.—

Section 104(f)(1) of such Act (22 U.S.C.

2151b(f)(1)) is amended—

(1) by striking ‘‘None of the funds’’ and inserting ‘‘(A) None of the funds’’; and

(2) by adding at the end the following new

subparagraph:

‘‘(B) For purposes of this paragraph, the

term ‘motivate’ shall not be construed to

prohibit the provision, consistent with local

law, of information and counseling concerning all pregnancy options, including abortion.’’.

SEC. 3224. ASSISTANCE FOR THE INDEPENDENT

STATES OF THE FORMER SOVIET

UNION.

(a) CONDITIONS ON ASSISTANCE.—Section

498A(b) of the Foreign Assistance Act of 1961

(22 U.S.C. 2295a(b)) is amended—

(1) in paragraph (4), by striking ‘‘or’’ at the

end;

(2) by redesignating paragraph (5) as paragraph (10); and

(3) by inserting after paragraph (4) the following new paragraphs:

‘‘(5) for the Government of Russia, unless

the President certifies to the Congress that

such Government—

‘‘(A) is pursuing, without preconditions, an

immediate and permanent ceasefire, and is

pursuing a negotiated settlement to the conflict in the Russian Federation Republic of

Chechnya;

‘‘(B) is taking steps to provide unhindered

access to the region of Chechnya and surrounding areas of the Russian Federation by

elected officials of the Russian Federation

and by independent Russian media;

‘‘(C) is cooperating with the Organization

for Security and Cooperation in Europe and

other appropriate international organizations in undertaking steps to investigate and

prosecute any and all individuals, including

members of the Russian armed forces and internal security agencies, who may be responsible for atrocities, war crimes, or crimes

against humanity in the region of Chechnya;

‘‘(D) is cooperating with the Assistance

Group of the Organization on Security and

Cooperation in Europe established in

Chechnya in fulfilling that mission’s mandate;

‘‘(E) is cooperating in assuring the

unhindered delivery of humanitarian assistance to the civilian population in Chechnya;

‘‘(F) has made the fullest possible accounting of all persons currently detained by Russian military or security forces as a result of

the conflict in Chechnya and has allowed access to those individuals by the International Committee of the Red Cross;

‘‘(G) is taking steps to repatriate refugees

and displaced persons wishing to return to

Chechnya; and

‘‘(H) is taking steps to hold free and fair

elections in Chechnya, based on the principles of the Organization on Security and

Cooperation in Europe and conducted in the

presence of foreign and domestic observers;
H 5222 CONGRESSIONAL RECORD — HOUSE May 17, 1995

except that this paragraph shall not apply to

the provision of such assistance for purposes

of humanitarian, disaster, and refugee relief

or assisting democratic political reform and

rule of law activities, provision of technical

assistance for safety upgrade of civilian nuclear power plants, and assisting in the creation of private sector and nongovernmental

organizations that are independent of government ownership and control;

‘‘(6) for the government of any independent

state that has agreed to provide nuclear reactor components to Iran, unless the President determines that the sale of such components to Iran includes safeguards that are

consistent with the national security objectives of the United States and the concerns

of the United States with respect to nonproliferation of nuclear weapons technology,

except that this paragraph shall not apply to

the provision of such of assistance for purposes of—

‘‘(A) humanitarian, disaster, and refugee

relief; or

‘‘(B) assisting democratic political reform,

rule of law activities, and the creation of private sector and nongovernmental organizations that are independent of government

ownership and control;

‘‘(7) for the government of any independent

state that the President determines directs

any action in violation of the territorial integrity or national sovereignty of any other

new independent state, except that this paragraph shall not apply to the provision of

such assistance for purposes of—

‘‘(A) humanitarian, disaster, and refugee

relief; or

‘‘(B) assisting democratic political reform,

rule of law activities, and the creation of private sector and nongovernmental organizations that are independent of government

ownership and control;

‘‘(8) for the purpose of enhancing the military capability of any independent state, except that this paragraph shall not apply to

demilitarization, defense conversion or nonproliferation programs, or programs to support troop withdrawal including through the

support of an officer resettlement program,

and technical assistance for the housing sector;

‘‘(9) for the Government of Russia if the

President determines that Government—

‘‘(A) is not making progress in implementing comprehensive economic reforms based

on market principles, including fostering

private ownership, the repayment of commercial debt, the respect of commercial contracts, the equitable treatment of foreign

private investment; or

‘‘(B) applies or transfers assistance provided under this chapter to any entity for

the purpose of expropriating or seizing ownership or control of assets, investments, or

ventures; or’’.

(b) ASSISTANCE THROUGH THE PRIVATE SECTOR.—Section 498B(a) of such Act (22 U.S.C.

2295b(a)) is amended to read as follows:

‘‘(a) ASSISTANCE THROUGH THE PRIVATE

SECTOR.—Assistance under this chapter shall

be provided, to the maximum extent feasible,

through the private sector, including private

and voluntary organizations and other nongovernmental organizations functioning in

the independent states of the former Soviet

Union.’’.

(c) WAIVER OF CERTAIN PROVISIONS.—Section 498B(j)(1) of such Act (22 U.S.C.

2295b(j)(1)) is amended in the matter preceding subparagraph (A)—

(1) by striking ‘‘for fiscal year 1993 by this

chapter’’ and inserting ‘‘to carry out this

chapter’’; and

(2) by striking ‘‘appropriated for fiscal year

1993’’.

SEC. 3225. DEVELOPMENT FUND FOR LATIN

AMERICA AND THE CARIBBEAN.

Part I of the Foreign Assistance Act of 1961

(22 U.S.C. 2151 et seq.) is amended by adding

at the end the following new chapter:

‘‘CHAPTER 12—DEVELOPMENT FUND FOR

LATIN AMERICA AND THE CARIBBEAN

‘‘SEC. 499. STATEMENT OF POLICY.

‘‘The Congress declares the following:

‘‘(1) The historic, economic, political, and

geographic relationships among the countries of the Western Hemisphere are unique

and of continuing special significance.

‘‘(2) Following the historic Summit of the

Americas and the passage of the North

American Free Trade Agreement, the countries of the Western Hemisphere have moved

steadfastly toward economic and political

integration.

‘‘(3) The interests of the countries of the

Western Hemisphere are more interrelated

than ever, and sound economic, social, and

democratic progress in each of the countries

continues to be of importance to all countries, and lack of it in any country may have

serious repercussions in others.

‘‘(4) For the peoples of Latin America and

the Caribbean to progress within the framework of social justice, respect for human

rights, political democracy, and market-oriented economies, there is a compelling need

for the achievement of social and economic

advancement and the consolidation of political democracy and the rule of law adequate

to meet the legitimate aspirations of the individual citizens of the countries of Latin

America and the Caribbean for a better way

of life.

‘‘(5) The prosperity, security, and wellbeing of the United States is linked directly

to peace, prosperity, and democracy in Latin

America and the Caribbean.

‘‘(6) Democratic values are dominant

throughout Latin America and the Caribbean region and nearly all governments in

such region have come to power through

democratic elections.

‘‘(7) Nonetheless, existing democratic governments and their supporting institutions

remain fragile and face critical challenges,

including, in particular, the consolidation of

civilian control of such governments and institutions, including control of the military,

the consolidation or establishment of independent judicial institutions and of the rule

of law, and where appropriate, the decentralization of government.

‘‘(8) In adherence to free market principles,

it is essential to promote economic growth

with equity—enlarging employment and decisionmaking opportunities and the provision of basic social services for traditionally

marginalized groups, such as indigenous minorities, women, and the poor—and to protect and promote workers rights.

‘‘(9) By supporting the purposes and objectives of sustainable development and applying such purposes and objectives to Latin

America and the Caribbean, the Development Fund for Latin America and the Caribbean can advance the national interests of

the United States and can directly improve

the lives of the poor, encourage broad-based

economic growth while protecting the environment, build human capital and knowledge, support participation in democracy,

and promote peace and justice in Latin

America and the Caribbean.

‘‘SEC. 499A. AUTHORIZATION OF ASSISTANCE.

‘‘(a) IN GENERAL.—The President is authorized to provide assistance for Latin America

and the Caribbean to promote democracy,

sustainable development, and economic

growth in Latin America and the Caribbean.

‘‘(b) TERMS AND CONDITIONS.—Assistance

under this chapter shall be provided on such

terms and conditions as the President may

determine.

‘‘SEC. 499B. AVAILABILITY OF AMOUNTS.

‘‘(a) IN GENERAL.—Of the amounts made

available to carry out the provisions of law

described in subsection (b) for fiscal year 1996

and for each succeeding fiscal year, not less

than an amount requested by the President

and approved by the Congress in appropriations Acts shall be made available to carry

out this chapter.

‘‘(b) PROVISIONS OF LAW.—The provisions of

law described in this subsection are the following:

‘‘(1) Sections 103 through 106 of this Act

(relating to the development assistance

fund).

‘‘(2) Chapter 8 of this part (relating to

international narcotics control).

‘‘(3) Chapter 4 of part II of this Act (relating to the economic support fund).

‘‘(4) Chapter 5 of part II of this Act (relating to international military education and

training).

‘‘(5) Titles II and III of the Agricultural

Trade Development and Assistance Act of

1954.

‘‘(6) The ‘Foreign Military Financing Program’ under section 23 of the Arms Export

Control Act (22 U.S.C. 2763).

‘‘(c) AVAILABILITY.—Amounts made available under this section are authorized to remain available until expended.’’.

SEC. 3226. EFFECTIVENESS OF UNITED STATES

DEVELOPMENT ASSISTANCE.

Chapter 1 of part I of the Foreign Assistance Act of 1961 (22 U.S.C. 2251 et seq.), as

amended by this Act, is further amended by

adding at the end the following new section:

‘‘SEC. 130. EFFECTIVENESS OF UNITED STATES

DEVELOPMENT ASSISTANCE.

‘‘(a) REPORTS.—Not later than December

31, 1996, and December 31 of each third year

thereafter, the President shall transmit to

the Congress a report which analyzes, on a

country-by-country basis, the impact and effectiveness of the United States development

assistance provided during the preceding

three fiscal years. Each report shall include

the following for each recipient country:

‘‘(1) An analysis of the impact of United

States development assistance during the

preceding three fiscal years on development

in that country, with a discussion of the

United States interests that were served by

the assistance. Such analysis shall be done

on a sector-by-sector basis to the extent possible and shall identify any economic policy

reforms which were promoted by the assistance. Such analysis shall—

‘‘(A) include a description, quantified to

the extent practicable, of the specific objectives the United States sought to achieve in

providing development assistance for that

country; and

‘‘(B) specify the extent to which those objectives were not achieved, with an explanation of why they were not achieved.

‘‘(2) A description of the amount and nature of development assistance provided by

other donors during the preceding three fiscal years, set forth by development sector to

the extent possible.

‘‘(3) A discussion of the commitment of the

host government to addressing the country’s

needs in each development sector, including

a description of the resources devoted by

that government to each development sector

during the preceding three fiscal years.

‘‘(4) A description of the trends, both favorable and unfavorable, in each development

sector.

‘‘(5) Statistical and other information necessary to evaluate the impact and effectiveness of United States development assistance

on development in the country.

‘‘(b) LISTING OF MOST AND LEAST SUCCESSFUL ASSISTANCE PROGRAMS.—Each report required by this section shall identify—
May 17, 1995 CONGRESSIONAL RECORD — HOUSE H 5223

‘‘(1) those five countries in which United

States development assistance has been most

successful; and

‘‘(2) those five countries in which United

States development assistance has been least

successful.

For each country listed pursuant to paragraph (2), the report shall explain why the

assistance was not more successful and shall

specify what the United States has done as a

result.

‘‘(c) REPORT TO BE A SEPARATE DOCUMENT.—Each report required by this section

shall be submitted to the Congress as a separate document.

‘‘(d) DEFINITION.—As used in this section,

the terms ‘United States development assistance’ and ‘development assistance’ means assistance under this chapter.’’.

SEC. 3227. FUNDING FOR PRIVATE AND VOLUNTARY ORGANIZATIONS AND COOPERATIVES.

(a) IN GENERAL.—For each of the fiscal

years 1996 and 1997, the President shall allocate an aggregate amount to private and voluntary organizations and cooperatives under

the Foreign Assistance Act of 1961 (22 U.S.C.

2151 et seq.) and the Support for East European Democracy (SEED) Act of 1989 which,

at a minimum, is equal to the aggregate

amount allocated to such organizations and

cooperatives under such Acts for fiscal year

1994.

(b) DEFINITION.—For purposes of this section, the term ‘‘private and voluntary organization’’ means a private nongovernmental

organization which—

(1) is organized under the laws of a country;

(2) receives funds from private sources;

(3) operates on a not-for-profit basis with

appropriate tax-exempt status if the laws of

the country grant such status to not-forprofit organizations;

(4) is voluntary in that it receives voluntary contributions of money, time, or inkind support from the public; and

(5) is engaged or intends to be engaged in

voluntary, charitable, development, or humanitarian assistance activities.

SEC. 3228. SENSE OF THE CONGRESS RELATING

TO UNITED STATES COOPERATIVES

AND CREDIT UNIONS.

It is the sense of the Congress that—

(1) United States cooperatives and credit

unions can provide an opportunity for people

in developing countries to participate directly in democratic decisionmaking for

their economic and social benefit through

ownership and control of business enterprises and through the mobilization of local

capital and savings; and

(2) such organizations should be utilized in

fostering democracy, free markets, community-based development, and self-help

projects.

Subchapter B—Operating Expenses

SEC. 3231. OPERATING EXPENSES GENERALLY.

Section 667(a)(1) of the Foreign Assistance

Act of 1961 (22 U.S.C. 2427(a)(1)) is amended to

read as follows:

‘‘(1) $465,774,000 for fiscal year 1996 and

$419,196,000 for fiscal year 1997 for necessary

operating expenses of the agency primarily

responsible for administering part I of this

Act (other than the office of the inspector

general of such agency); and’’.

SEC. 3232. OPERATING EXPENSES OF THE OFFICE

OF THE INSPECTOR GENERAL.

Section 667(a) of the Foreign Assistance

Act of 1961 (22 U.S.C. 2427(a)), as amended by

this Act, is further amended—

(1) by redesignating paragraph (2) as paragraph (3);

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

(3) by inserting after paragraph (1) the following:

‘‘(2) $35,206,000 for fiscal year 1996 and

$31,685,000 for fiscal year 1997 for necessary

operating expenses of the office of the inspector general of such agency; and’’.

CHAPTER 4—PUBLIC LAW 480

SEC. 3241. LEVELS OF ASSISTANCE FOR TITLE II.

Section 204(a) of the Agricultural Trade

Development and Assistance Act of 1954 (7

U.S.C. 1724(a)) is amended—

(1) in paragraph (1)(E), by striking ‘‘for fiscal year 1995’’ and inserting ‘‘for each of the

fiscal years 1995 through 1997’’; and

(2) in paragraph (2)(E), by striking ‘‘for fiscal year 1995’’ and inserting ‘‘for each of the

fiscal years 1995 through 1997’’.

SEC. 3242. AUTHORIZATION OF APPROPRIATIONS

FOR TITLE III.

No funds are authorized to be appropriated

for either of the fiscal years 1996 and 1997 for

the provision of agricultural commodities

under title III of the Agricultural Trade Development and Assistance Act of 1954 (7

U.S.C. 1727 et seq.).

CHAPTER 5—HOUSING GUARANTEE

PROGRAM

SEC. 3251. AUTHORIZATION OF APPROPRIATIONS

FOR ADMINISTRATIVE EXPENSES.

(a) IN GENERAL.—(1) Subject to paragraph

(2), there are authorized to be appropriated

$7,000,000 for fiscal year 1996 and $6,000,000 for

fiscal year 1997 for administrative expenses

to carry out guaranteed loan programs under

sections 221 and 222 of the Foreign Assistance Act of 1961 (22 U.S.C. 2181 and 2182).

(2) Amounts authorized to be appropriated

under paragraph (1) may be made available

only for—

(A) administrative expenses incurred with

respect to guaranties issued before the date

of the enactment of this Act; or

(B) expenses incurred with respect to activities related to the collection of amounts

paid by the United States in the discharge of

liabilities under guaranties issued under section 222 of the Foreign Assistance Act of 1961

(22 U.S.C. 2182).

(b) AVAILABILITY.—Amounts authorized to

be appropriated under subsection (a) are authorized to remain available until expended.

SEC. 3252. ADDITIONAL REQUIREMENTS.

(a) EXPIRATION OF AUTHORITY.—Section

222(a) of the Foreign Assistance Act of 1961

(22 U.S.C. 2182(a)) is amended by striking the

third sentence and inserting the following:

‘‘No guaranties may be issued under this section on or after the date of the enactment of

the Foreign Aid Reduction Act of 1995.’’.

(b) CANCELLATION OF CERTAIN EXISTING

GUARANTIES.—Section 222 of such Act (22

U.S.C. 2182) is amended—

(1) by redesignating subsection (k) as subsection (d); and

(2) by adding at the end the following new

subsection:

‘‘(e) The President shall cancel all guaranties issued under this section with respect to

which eligible investors have not (before the

date of the enactment of the Foreign Aid Reduction Act of 1995) applied such guaranties

to loans for projects under this title.’’.

(c) PROHIBITION ON ASSISTANCE FOR ENTITIES IN DEFAULT AND CERTAIN OTHER ENTITIES.—Section 620 of such Act (22 U.S.C. 2370)

is amended by inserting after subsection (u)

the following new subsection:

‘‘(v)(1) Subject to paragraph (2), no assistance shall be furnished under this Act to any

entity that—

‘‘(A) fails to make timely payments on

loans with respect to which guaranties have

been issued under title III of chapter 2 of

part I of this Act (relating to housing and

other credit guaranty programs); or

‘‘(B) causes amounts (including amounts

for administrative expenses) to be paid by

the United States in the discharge of liabilities under guaranties issued under such

title, unless such entity has reimbursed the

United States for such amounts.

‘‘(2) The President may waive the prohibition in paragraph (1) with respect to an entity if the President determines that it is in

the national interest of the United States to

furnish assistance under this Act to such entity.’’.

CHAPTER 6—PEACE CORPS

SEC. 3261. PEACE CORPS.

Section 3(b) of the Peace Corps Act (22

U.S.C. 2502(b)) is amended to read as follows:

‘‘(b)(1) There are authorized to be appropriated to carry out the purposes of this Act

$219,745,000 for each of the fiscal years 1996

and 1997.

‘‘(2) Amounts authorized to be appropriated under paragraph (1)—

(1) with respect to fiscal year 1996 are authorized to remain available until September

30, 1997; and

(2) with respect to fiscal year 1997 are authorized to remain available until September

30, 1998.’’.

SEC. 3262. ACTIVITIES OF THE PEACE CORPS IN

THE FORMER SOVIET UNION.

(a) IN GENERAL.—Of the amounts made

available for fiscal years 1996 and 1997 to

carry out chapter 11 of part I of the Foreign

Assistance Act of 1961 (22 U.S.C. 2295 et seq.;

relating to assistance for the independent

states of the former Soviet Union), not more

than $11,600,000 for each such fiscal year shall

be available for activities of the Peace Corps

in the independent states of the former Soviet Union (as defined in section 3 of the

Freedom for Russia and Emerging Eurasian

Democracies and Open Markets Support Act

of 1992).

(b) AVAILABILITY.—Amounts made available under subsection (a)—

(1) with respect to fiscal year 1996 are authorized to remain available until September

30, 1997; and

(2) with respect to fiscal year 1997 are authorized to remain available until September

30, 1998.

SEC. 3263. PROHIBITION ON USE OF FUNDS FOR

ABORTIONS.

Section 15 of the Peace Corps Act (22

U.S.C. 2514) is amended by adding at the end

the following new subsection:

‘‘(e) Funds made available for the purposes

of this Act may not be used to pay for abortions.’’.

CHAPTER 7—INTERNATIONAL DISASTER

ASSISTANCE

SEC. 3271. AUTHORITY TO PROVIDE RECONSTRUCTION ASSISTANCE.

Section 491 of the Foreign Assistance Act

of 1961 (22 U.S.C. 2292) is amended—

(1) in subsection (b), by striking ‘‘and rehabilitation’’ and inserting ‘‘, rehabilitation,

and reconstruction’’; and

(2) in subsection (c), by striking ‘‘and rehabilitation’’ and inserting ‘‘, rehabilitation,

and reconstruction’’.

SEC. 3272. AUTHORIZATIONS OF APPROPRIATIONS.

Section 492(a) of such Act (22 U.S.C.

2292a(a)) is amended to read as follows:

‘‘(a) There are authorized to be appropriated to the President to carry out section

491, in addition to funds otherwise available

for such purposes, $200,000,000 for each of the

fiscal years 1996 and 1997.’’.

CHAPTER 8—OTHER PROVISIONS

SEC. 3281. EXEMPTION FROM RESTRICTIONS ON

ASSISTANCE THROUGH NONGOVERNMENTAL ORGANIZATIONS.

Section 123(e) of the Foreign Assistance

Act of 1961 (22 U.S.C. 2151u(e)) is amended to

read as follows:

‘‘(e)(1) Subject to paragraph (3), restrictions contained in this Act or any other provision of law with respect to assistance for a
H 5224 CONGRESSIONAL RECORD — HOUSE May 17, 1995

country shall not be construed to restrict assistance under this chapter, chapter 10, or

chapter 11 of this part in support of programs of nongovernmental organizations.

‘‘(2) The President shall take into consideration, in any case in which a restriction on

assistance for a country would be applicable

but for this subsection, whether assistance

for programs of nongovernmental organizations is in the national interest of the United

States.

‘‘(3) Whenever the authority of this subsection is used to furnish assistance for a

program of a nongovernmental organization,

the President shall notify the congressional

committees specified in section 634A(a) of

this Act in accordance with procedures applicable to reprogramming notifications under

that section. Such notification shall describe

the program assisted, the assistance provided, and the reasons for furnishing such assistance.’’.

SEC. 3282. FUNDING REQUIREMENTS RELATING

TO UNITED STATES PRIVATE AND

VOLUNTARY ORGANIZATIONS.

(a) IN GENERAL.—Section 123(g) of the Foreign Assistance Act of 1961 (22 U.S.C.

2151u(g)) is amended to read as follows:

‘‘(g) Funds made available to carry out

this chapter or chapter 10 of this part may

not be made available to any United States

private and voluntary organization, except

any cooperative development organization,

that obtains less than 20 percent of its total

annual financial support for its international

activities from sources other than the United States Government.’’.

(b) EFFECTIVE DATE.—The amendment

made by subsection (a) applies with respect

to funds made available for programs of any

United States private and voluntary organization on or after the date of the enactment

of this Act.

SEC. 3283. DOCUMENTATION REQUESTED OF PRIVATE AND VOLUNTARY ORGANIZATIONS.

Section 620 of the Foreign Assistance Act

of 1961 (22 U.S.C. 2370), as amended by this

Act, is further amended by inserting after

subsection (v) (as added by this Act) the following new subsection:

‘‘(w) None of the funds made available to

carry out this Act shall be available to any

private and voluntary organization which—

‘‘(1) fails to provide upon timely request

any document, file, or record necessary to

the auditing requirements of the agency primarily responsible for administering part I

of this Act; or

‘‘(2) is not registered with the agency primarily responsible for administering part I

of this Act.’’.

SEC. 3284. FOREIGN GOVERNMENT PARKING

FINES.

(a) IN GENERAL.—Chapter 1 of part III of

the Foreign Assistance Act of 1961 (22 U.S.C.

2351 et seq.), as amended by this Act, is further amended by adding at the end the following new section:

‘‘SEC. 620I. FOREIGN GOVERNMENT PARKING

FINES.

‘‘(a) IN GENERAL.—An amount equivalent

to 110 percent of the total unpaid fully adjudicated parking fines and penalties owed to

the District of Columbia, Virginia, Maryland, and New York by the government of a

foreign country as of the end of a fiscal year,

as certified to the President by the chief executive officer of each State or District,

shall be withheld from obligation for such

country out of funds available in the next

fiscal year to carry out part I of this Act,

until the requirement of subsection (b) is

satisfied.

‘‘(b) REQUIREMENT.—The requirement of

this subsection is satisfied when the Secretary of State determines and certifies to

the appropriate congressional committees

that such fines and penalties are fully paid

to the governments of the District of Columbia, Virginia, Maryland, and New York.

‘‘(c) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—For purposes of this section,

the term ‘appropriate congressional committees’ means the Committee on International

Relations and the Committee on Appropriations of the House of Representatives and

the Committee on Foreign Relations and the

Committee on Appropriations of the Senate.’’.

(b) EFFECTIVE DATE.—The amendment

made by subsection (a) shall apply with respect to fines certified as of the end of fiscal

year 1995 or any fiscal year thereafter.

SEC. 3285. HUMAN RIGHTS REPORTS.

(a) SECTION 116 REPORT.—Section 116(d) of

the Foreign Assistance Act of 1961 (22 U.S.C.

2151n) is amended—

(1) in paragraph (2), by striking ‘‘and’’ at

the end;

(2) by redesignating paragraph (3) as paragraph (5); and

(3) by inserting after paragraph (2) the following new paragraphs:

‘‘(3) the votes of each member of the United Nations Commission on Human Rights on

all country-specific and thematic resolutions

voted on at the Commission’s annual session

during the period covered during the preceding year;

‘‘(4) the extent to which each country has

extended protection to refugees, including

the provision of first asylum and resettlement; and’’.

(b) SECTION 502B REPORT.—Section 502B(b)

of such Act (22 U.S.C. 2304(b)) is amended by

adding after the second sentence the following new sentence: ‘‘Each report under this

section shall list the votes of each member of

the United Nations Commission on Human

Rights on all country-specific and thematic

resolutions voted on at the Commission’s annual session during the period covered during the preceding year.’’.

SEC. 3286. DEOBLIGATION OF CERTAIN UNEXPENDED ECONOMIC ASSISTANCE

FUNDS.

Chapter 3 of part III of the Foreign Assistance Act of 1961 (22 U.S.C. 2401 et seq.) is

amended by adding at the end the following:

‘‘SEC. 668. DEOBLIGATION OF CERTAIN UNEXPENDED ECONOMIC ASSISTANCE

FUNDS.

‘‘(a) REQUIREMENT TO DEOBLIGATE.—

‘‘(1) IN GENERAL.—Except as provided in

subsection (b) of this section and in paragraphs (1) and (3) of section 617(a) of this Act,

at the beginning of each fiscal year the

President shall deobligate and return to the

Treasury, any funds described in paragraph

(2) that, as of the end of the preceding fiscal

year, have been obligated for a project or activity for a period of more than 3 years but

have not been expended.

‘‘(2) FUNDS.—Paragraph (1) applies to funds

made available for—

‘‘(A) assistance under chapter 1 of part I of

this Act (relating to development assistance), chapter 10 of part I of this Act (relating to the Development Fund for Africa), or

chapter 4 of part II of this Act (relating to

the economic support fund);

‘‘(B) assistance under the ‘Multilateral Assistance Initiative for the Philippines’;

‘‘(C) assistance under the Support for East

European Democracy (SEED) Act of 1989; and

‘‘(D) economic assistance for the independent states of the former Soviet Union under

this Act or under any other Act authorizing

economic assistance for such independent

states.

‘‘(b) EXCEPTIONS.—The President, on a

case-by-case basis, may waive the requirement of subsection (a)(1) if the President determines, and reports to the appropriate congressional committees, that—

‘‘(1) the funds are being used for a construction project that requires more than 3

years to complete; or

‘‘(2) the funds have not been expended because of unforeseen circumstances, and those

circumstances could not have been reasonably foreseen.

‘‘(c) COMMENTS BY INSPECTOR GENERAL.—As

soon as possible after the submission of a report pursuant to subsection (b), the Inspector General of the agency primarily responsible for administering part I of this Act

shall submit to the appropriate congressional committees such comments as the Inspector General considers appropriate with

regard to the determination described in

that report.

‘‘(d) APPROPRIATE CONGRESSIONAL COMMITTEES.—As used in this section, the term ‘appropriate congressional committees’ means

the Committee on International Relations

and the Committee on Appropriations of the

House of Representatives and the Committee

on Foreign Relations and the Committee on

Appropriations of the Senate.’’.

TITLE XXXIII—REGIONAL PROVISIONS

SEC. 3301. PROHIBITION ON ASSISTANCE TO FOREIGN GOVERNMENTS PROVIDING ASSISTANCE TO CUBA.

(a) IN GENERAL.—Section 620 of the Foreign

Assistance Act of 1961 (22 U.S.C. 2370), as

amended by this Act, is further amended by

adding at the end the following new subsection:

‘‘(y)(1) No assistance may be provided

under this Act (other than humanitarian assistance and assistance for refugees) for a fiscal year to any foreign government that the

President determines has provided economic

assistance to or engaged in nonmarket-based

trade with the Government of Cuba or any

entity controlled by such Government in the

preceding fiscal year.

‘‘(2) The President may waive the requirements of paragraph (1) if—

‘‘(A) the President certifies to the congressional committees specified in section 634A

of this Act (in accordance with procedures

applicable to reprogramming of funds under

that section) that the provision of such assistance is vital to the national security of

the United States; or

‘‘(B) the President determines and reports

to the Congress that the Government of

Cuba has met the requirements contained in

section 1708 of the Cuban Democracy Act of

1992 (22 U.S.C. 6001 et seq.).

‘‘(3) Not later than February 1st each year,

the President shall prepare and transmit to

the appropriate congressional committees a

report containing a list of all foreign governments that the President has determined

have provided economic assistance to or engaged in nonmarket-based trade with the

Government of Cuba in the preceding fiscal

year.

‘‘(4) For purposes of this subsection—

‘‘(A) the term ‘appropriate congressional

committees’ means the Committee on International Relations and the Committee on

Appropriations of the House of Representatives and the Committee on Foreign Relations and the Committee on Appropriations

of the Senate;

‘‘(B) the term ‘humanitarian assistance’

means food (including the monetization of

food), clothing, medicine, and medical supplies; and

‘‘(C) the term ‘nonmarket-based trade’ includes exports, imports, exchanges, or other

trade arrangements under which goods or

services are provided on terms more favorable than those generally available in applicable markets or for comparable commodities, including—
May 17, 1995 CONGRESSIONAL RECORD — HOUSE H 5225

‘‘(i) exports to the Government of Cuba on

terms that involve a grant, concessional

price, guaranty, insurance, or subsidy;

‘‘(ii) imports from the Government of Cuba

at preferential tariff rates; and

‘‘(iii) exchange arrangements that include

advance delivery of commodities, arrangements in which the Government of Cuba is

not held accountable for unfulfilled exchange

contracts, and arrangements under which

such Government does not pay appropriate

transportation, insurance, or finance costs.’’.

(b) EFFECTIVE DATE.—

(1) IN GENERAL.—Except as provided in

paragraph (2), the prohibition on assistance

to a foreign government contained in section

620(y) of the Foreign Assistance Act of 1961,

as added by subsection (a), shall apply only

with respect to assistance provided in fiscal

years beginning on or after the date of the

enactment of this Act.

(2) EXCEPTION.—In the case of the fiscal

year in which this Act is enacted, such prohibition shall apply with respect to the obligation or expenditure of assistance on or

after the date of the enactment of this Act.

SEC. 3302. ASSISTANCE FOR NICARAGUA.

(a) RESTRICTIONS.—Amounts made available for fiscal years 1996 and 1997 for assistance under chapter 1 of part I of the Foreign

Assistance Act of 1961 (22 U.S.C. 2151 et seq.;

relating to development assistance) or chapter 4 of part II of such Act (22 U.S.C. 2346 et

seq.; relating to the economic support fund),

including any unobligated balances of prior

appropriations, may only be made available

to the Government of Nicaragua if the Secretary of State determines and certifies to

the appropriate congressional committees

that—

(1) a full and independent investigation has

been completed of the weapons caches discovered after the May 23, 1993, Santa Rosa

arms cache explosion, including an investigation of passports, identity papers, and

other documents found at weapons sites indicating the existence of a terrorist or kidnapping ring and whether the terrorist network

was involved in the February 1993 World

Trade Center bombing;

(2) prosecutions have been initiated

against all individuals, including government officials and members of the armed

forces or security forces of Nicaragua, identified in the investigation described in paragraph (1);

(3) Nicaragua has made substantial

progress in meeting the requirements set

forth in section 527 of the Foreign Relations

Authorization Act, Fiscal Years 1994 and 1995

(relating to expropriation of United States

property);

(4) substantial progress has been made in

the timely implementation of all recommendations made by the Tripartite Commission with respect to individuals responsible for assassinations, including the immediate suspension of all individuals from the

Sandinista Army and security forces who

were named in such recommendations, and

the expeditious prosecution of such individuals;

(5) all individuals responsible for the murders of Jean Paul Genie, Arges Sequeira, and

Enrique Bermudez have been removed from

the military and security forces of Nicaragua, and judicial proceedings against these

individuals have been initiated;

(6) specific changes have been implemented

which have resulted in verifiable civilian

control over the Sandinista military, security forces, and police; and

(7) genuine, effective, and concrete reforms

in the Nicaraguan judicial system have been

initiated.

(b) CONTENTS OF CERTIFICATION.—

(1) IN GENERAL.—A certification made pursuant to subsection (a) shall include a detailed accounting of all evidence in support

of the determinations listed in paragraphs (1)

through (7) of such subsection.

(2) FORM.—A certification made pursuant

to subsection (a) shall be submitted in unclassified form, and, to the extent necessary,

classified form.

(c) EXCEPTION TO RESTRICTIONS.—The restrictions on the availability of funds in subsection (a) shall not apply to support for—

(1) programs facilitating the resolution of

United States citizen property claims;

(2) the International Commission for Support and Verification of the Organization of

American States for human rights monitoring, related assistance programs or election

observation;

(3) independent human rights groups in

Nicaragua;

(4) programs intended to ensure free and

fair elections in Nicaragua;

(5) democracy-building programs administered through the National Endowment for

Democracy and related nongovernmental

groups; or

(6) programs to promote civilian control of

the military.

(d) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—For purposes of this section,

the term ‘‘appropriate congressional committees’’ means the Committee on International Relations and the Committee on

Appropriations of the House of Representatives and the Committee on Foreign Relations and the Committee on Appropriations

of the Senate.

SEC. 3303. SENSE OF THE CONGRESS REGARDING

RELATIONS WITH BURMA.

It is the sense of the Congress that—

(1) official United States trade delegations

to Burma should be indefinitely suspended;

(2) visits to Burma by senior officials of

the United States Government should be

minimized until Aung San Suu Kyi is released from house arrest;

(3) the Secretary of Labor should submit to

the Congress a report on labor practices in

Burma so that Members of Congress can better inform constituents, including stockholders and business leaders of the United

States companies which transact commerce

with Burma, on labor conditions in that

country;

(4) the Secretary of State should submit to

the Congress a report on resource exploitation and environmental degradation in

Burma;

(5) no assistance should be used for cooperative counternarcotics efforts between the

United States and members of the State Law

and Order Restoration Committee (SLORC)

regime;

(6) the United States should discourage the

Association of Southeast Asian Nations

(ASEAN) from including the SLORC regime

in ASEAN activities;

(7) the Secretary of State should submit to

the Congress a report which outlines a strategy for encouraging democratic transition in

Burma; and

(8) the United States should encourage its

allies to restrict the relations of such allies

with Burma in accordance with this section.

SEC. 3304. DEBT RESTRUCTURING FOR EGYPT.

(a) FINDINGS.—The Congress makes the following findings:

(1) The Government of Egypt owes the

United States Government over $6,000,000,000

from prior economic assistance credit programs.

(2) Current annual debt service payments

by Egypt to the United States are approximately $270,000,000, will climb in the near future to $350,000,000, and will continue until

the year 2021.

(3) Egypt’s debt service to the United

States results in reduced investment capital

and slower economic growth in Egypt.

(4) Restructuring Egypt’s debt burden, and

buying down Egypt’s debt, could substantially reduce over time Egypt’s requirement

for economic assistance.

(5) Addressing Egypt’s debt burden is in

the mutual interest of Egypt and the United

States.

(b) REPORT.—(1) Not later than January 31,

1996, the Secretary of State and the Secretary of the Treasury shall develop and submit to the appropriate congressional committee options to restructure Egypt’s debt,

and buy down, over a period of time through

the use of funds authorized to be appropriated under chapter 4 of part II of the Foreign Assistance Act of 1961 (22 U.S.C. 2346 et

seq.; relating to the economic support fund),

all outstanding debt owed by the Government of Egypt to the United States Government, including debt owed under development assistance, agriculture, Export-Import

Bank, and Commodity Credit Corporation

credit programs.

(2) The Secretary of State and the Secretary of the Treasury shall develop the options required by paragraph (1) in such a way

as to enable the United States to reduce assistance to Egypt in the future under chapter 4 of part II of the Foreign Assistance Act

of 1961 (22 U.S.C. 2346 et seq.; relating to the

economic support fund). In the development

of such options, the Secretaries shall consult

with the Secretary of Commerce for the purpose of determining the impact of the options required under paragraph (1) on the

level of United States exports to Egypt.

(3) For purposes of this subsection, the

term ‘‘appropriate congressional committees’’ means the Committee on International

Relations and the Committee on Appropriations of the House of Representatives and

the Committee on Foreign Relations and the

Committee on Appropriations of the Senate.

SEC. 3305. PROHIBITION ON ASSISTANCE TO FOREIGN GOVERNMENTS PROVIDING ASSISTANCE TO IRAN.

(a) FINDINGS.—The Congress makes the following findings:

(1) Iran is engaged in an intensive effort to

develop nuclear weapons and some nations

have indicated that they are prepared to cooperate with Iran in the nuclear field.

(2) The possession of nuclear weapons by

Iran would represent a serious threat to the

peace and security of the entire Middle East

region and an extremely serious challenge to

United States interests in that region.

(3) The United States places the highest

priority on denying to Iran the capability to

produce nuclear weapons and systems for the

delivery of nuclear weapons and other weapons of mass destruction.

(4) The sale or transfer to Iran by any

other government or with the permission of

any other government of technology that

may be critical for Iran to develop or deploy

nuclear weapons is a serious threat to United

States interests.

(b) ADMISSION TO NATO.—It is the sense of

the Congress that the United States should

vigorously oppose the accession to the North

Atlantic Treaty and the admission to the

North Atlantic Treaty Organization of any

country which sells or licenses for sale any

nuclear or dual-use technology or any military weapons, equipment, ammunition or

munitions of any kind, including any item

included on any lists covered by the Missile

Technology Control Regime, to Iran or to

any country which the Secretary of State

has determined repeatedly provides support

for acts of international terrorism pursuant

to section 6(j) of the Export Administration

Act of 1979.

(c) PROHIBITION ON UNITED STATES ASSISTANCE.—No assistance authorized to be appropriated by this Act or any other Act may be

provided by any agency of the United States
H 5226 CONGRESSIONAL RECORD — HOUSE May 17, 1995

Government to the government of any country which sells or licenses for sale any nuclear or dual-use technology or any military

weapons, equipment, ammunition or munitions of any kind, including any item included on any lists covered by the Missile

Technology Control Regime, to Iran or to

any other country which the Secretary of

State has determined repeatedly provides

support for acts of international terrorism

pursuant to section 6(j) of the Export Administration Act of 1979.

(d) EXCEPTIONS.—The prohibition in subsection (c) shall not apply to—

(1) assistance provided to Russia, Belarus,

Ukraine, or Kazakhstan under the authorities of the Soviet Nuclear Threat Reduction

Act of 1991 (title II of Public Law 102–228; 105

Stat. 1691); and

(2) assistance provided under chapter 11 of

part I of the Foreign Assistance Act of 1961

(22 U.S.C. 2295 et seq.; relating to assistance

for the independent states of the former Soviet Union) for the purposes of—

(A) humanitarian, disaster, or refugee relief; or

(B) assisting democratic political reform

and rule of law activities, and assisting in

the creation of private sector and nongovernmental organizations that are independent of

government ownership and control.

SEC. 3306. ASSISTANCE FOR PAKISTAN.

Section 620E(e) of the Foreign Assistance

Act of 1961 (22 U.S.C. 2375(e)) is amended—

(1) by striking ‘‘No assistance shall’’ and

inserting ‘‘(1) Except as provided in paragraph (2), no assistance shall’’; and

(2) by adding at the end the following new

paragraph:

‘‘(2)(A) Assistance in support of nongovernmental organizations or microenterprises

under chapter 1 of part I of this Act (relating

to development assistance) and assistance

under the provisions of law described in subparagraph (B) may be made available for

Pakistan.

‘‘(B) The provisions of law described in this

subparagraph are the following:

‘‘(i) Title IV of chapter 2 of part I of this

Act (relating to the Overseas Private Investment Corporation).

‘‘(ii) Chapter 8 of part I of this Act (relating to international narcotics control).

‘‘(iii) Chapter 5 of part II of this Act (relating to international military education and

training).

‘‘(iv) Chapter 8 of part II of this Act (relating to antiterrorism assistance).

‘‘(v) Any provision of law under which assistance is available to carry out the following activities:

‘‘(I) Aviation safety.

‘‘(II) Immigration and customs procedures.

‘‘(III) Peacekeeping.

‘‘(IV) Promotion of trade and investment

interests of the United States.

‘‘(C) Assistance described in subparagraph

(B)(iii) may be made available for Pakistan

under this paragraph for fiscal year 1997 and

each subsequent fiscal year only if the President certifies to the Congress for such fiscal

year that the Government of Pakistan is

fully cooperating with United States

counter-narcotics assistance programs and

policies.’’.

SEC. 3307. RETURN OF MILITARY EQUIPMENT OF

PAKISTAN.

It is the sense of the Congress that—

(1) the inability of the President since October 1, 1990, to make the necessary certification under section 620E(e) of the Foreign

Assistance Act of 1961 (relating to the nuclear activities of Pakistan) has prevented

the delivery of military aircraft for which

Pakistan made nonrefundable cash payments

to contractors and unnecessarily complicated the achievement of United States

foreign policy and nonproliferation objectives in South Asia;

(2) in the absence of a Presidential certification for Pakistan under section 620E(e) of

such Act, the United States should make a

determined effort to find a third party buyer

for the such military aircraft and should reimburse Pakistan with any proceeds derived

from a sale to such third party, up to the

amount paid by Pakistan for such military

aircraft; and

(3) with respect to other military equipment imported into the United States from

Pakistan prior to May 1, 1991, for repair or

modification by the Department of Defense,

the return of such military equipment, including spare parts thereof, or equivalent

equipment or spare parts originally owned

by another country, does not constitute a

transfer of military equipment under the

terms of section 620E(e) of such Act, provided

such military equipment or spare parts are

returned in an unrepaired state or without

modifications for which they were originally

imported into the United States.

SEC. 3308. ELIGIBILITY OF PANAMA UNDER ARMS

EXPORT CONTROL ACT.

The Government of the Republic of Panama shall be eligible to purchase defense articles and defense services under the Arms

Export Control Act (22 U.S.C. 2751 et seq.),

except as otherwise specifically provided by

law.

SEC. 3309. FUTURE OF THE UNITED STATES MILITARY PRESENCE IN PANAMA.

(a) FINDINGS.—The Congress makes the following findings:

(1) The Panama Canal is a vital strategic

asset to the United States, its allies, and the

world.

(2) The Treaty on the Permanent Neutrality and Operation of the Panama Canal

signed on September 7, 1977, provides that

Panama and the United States have the responsibility to assure that the Panama

Canal will remain open and secure.

(3) Such Treaty also provides that each of

the two countries shall, in accordance with

their respective constitutional processes, defend the Canal against any threat to the regime of neutrality, and consequently shall

have the right to act against any aggression

or threat directed against the Canal or

against the peaceful transit of vessels

through the Canal.

(4) The United States instrument of ratification of such Treaty includes specific language that the two countries should consider

negotiating future arrangements or agreements to maintain military forces necessary

to fulfill the responsibility of the two countries of maintaining the neutrality of the

Canal after 1999.

(5) The Government of Panama, in the bilateral Protocol of Exchange of instruments

of ratification, expressly ‘‘agreed upon’’ such

arrangements or agreements.

(6) The United States Navy depends upon

the Panama Canal for rapid transit in times

of emergency, as demonstrated during World

War II, the Korean War, the Vietnam conflict, the Cuban Missile Crisis, and the Persian Gulf conflict.

(7) Drug trafficking and money laundering

have proliferated in the Western Hemisphere

since the Treaty on the Permanent Neutrality and Operation of the Panama Canal was

signed on September 7, 1977, and such trafficking and laundering poses a grave threat

to peace and security in the region.

(8) Certain facilities now utilized by the

United States Armed Forces in Panama are

critical to combat the trade in illegal drugs.

(9) The United States and Panama share

common policy goals such as strengthening

democracy, expanding economic trade, and

combating illegal narcotics throughout

Latin America.

(10) The Government of Panama has dissolved its military forces and has maintained

only a civilian police organization to defend

the Panama Canal against aggression.

(11) Certain public opinion polls in Panama

suggest that many Panamanians desire a

continued United States military presence in

Panama.

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

of the Congress that—

(1) the President should negotiate a new

base rights agreement with the Government

of Panama—

(A) to allow the stationing of United

States Armed Forces in Panama beyond December 31, 1999; and

(B) to ensure that the United States will be

able to act appropriately, consistent with

the Panama Canal Treaty, the Treaty Concerning the Permanent Neutrality and Operation of the Panama Canal, and the resolutions of ratification thereto, for the purpose

of assuring that the Panama Canal shall remain open, neutral, secure, and accessible;

and

(2) the President should consult with the

Congress throughout the negotiations described in paragraph (1).

SEC. 3310. PEACE AND STABILITY IN THE SOUTH

CHINA SEA.

(a) FINDINGS.—The Congress finds the following:

(1) The South China Sea is a critically important waterway through which 25 percent

of the world’s ocean freight and 70 percent of

Japan’s energy supplies transit.

(2) The South China Sea serves as a crucial

sea lane for United States Navy ships moving between the Pacific and Indian Oceans,

particularly in time of emergency.

(3) There are a number of competing

claims to territory in the South China Sea.

(4) The 1992 Manila Declaration adhered to

by the Association of South East Asian Nations, the Socialist Republic of Vietnam, and

the People’s Republic of China calls for all

claimants to territory in the South China

Sea to resolve questions of boundaries

through peaceful negotiations.

(5) The legislature of the People’s Republic

of China has declared the entire South China

Sea to be Chinese territorial waters.

(6) The armed forces of the People’s Republic of China have asserted China’s claim to

the South China Sea through the kidnapping

of citizens of the Republic of the Philippines

and the construction of military bases on

territory claimed by the Philippines.

(7) These acts of aggression committed by

the armed forces of the People’s Republic of

China against citizens of the Philippines are

contrary to both international law and to

peace and stability in East Asia.

(b) POLICY DECLARATIONS.—The Congress—

(1) declares the right of free passage

through the South China Sea to be vital to

the national security interests of the United

States, its friends, and allies;

(2) declares that any attempt by a

nondemocratic power to assert, through the

use of force or intimidation, its claims to

territory in the South China Sea to be a

matter of grave concern to the United

States;

(3) calls upon the Government of the People’s Republic of China to adhere faithfully

to its commitment under the Manila Declaration of 1992; and

(4) calls upon the President to review the

defense needs of democratic countries with

claims to territory in the South China Sea.

SEC. 3311. SENSE OF THE CONGRESS REGARDING

NARCOTICS CONTROL EFFORTS OF

COLOMBIA.

It is the sense of the Congress that—

(1) relations between the United States and

Colombia are at a critical stage, particularly
May 17, 1995 CONGRESSIONAL RECORD — HOUSE H 5227

following the President’s March 1, 1995, decision to grant the Government of Colombia a

national interest waiver in the 1994 narcotics

certification determination;

(2) the Government of Colombia has undertaken efforts toward the elimination of drug

trafficking organizations, especially the

powerful ‘‘kingpins’’ based in Cali;

(3) important advances need to be taken to

dismantle the operations of criminal enterprises in Colombia which seek to corrupt

government institutions;

(4) the Government of Colombia should be

encouraged to complete specific, attainable

objectives in its overall narcotics control

strategy, including—

(A) the arrest and prosecution of the acknowledged leaders of the Cali drug organization;

(B) the imposition of tougher sentencing of

drug traffickers to ensure that such traffickers serve sentences commensurate with their

crimes;

(C) the expeditious passage of legislation

to criminalize money laundering;

(D) the aggressive eradication of illicit

crops, including coca opium, and marijuana;

(E) the elimination of the industrial infrastructure of the narcotics trade, including

laboratories, precursor chemicals, and aircraft;

(F) the destruction of the internal narcotics distribution export system, including the

use of airports, rivers, and ports for such system;

(G) the elimination of the island of San

Andres as a illegal narcotics transshipment

point; and

(H) the end of the current policy of the

Government of Colombia under which key

drug traffickers are given lenient sentences

in return for their surrender;

(5) the Secretary of State should make the

issue of illicit narcotics the highest foreign

policy priority of the United States with respect to relations with key illicit drug transit and producing nations, such as Colombia;

and

(6) the Secretary of State should request

our European allies to join the United States

in sending a clear message to Colombia on

the importance of attaining these

counternarcotics goals and objectives in the

shortest possible time so that reductions in

United States foreign assistance will not be

necessary in the future.

SEC. 3312. NOTIFICATION OF ARMS SALES TO

SAUDI ARABIA.

(a) NOTIFICATION.—Until the certification

under subsection (b) is submitted to the Congress, section 36(b)(1) of the Arms Export

Control Act shall be applied to sales of Saudi

Arabia by substituting in the first sentence

‘‘0’’ for $50,000,000, ‘‘0’’ for $200,000,000, and

‘‘0’’ for $14,000,000.

(b) CERTIFICATION.—Subsection (a) shall

cease to apply if and when the Secretary of

State certifies and reports in writing to the

Congress that the unpaid claims of American

firms against the Government of Saudi Arabia that are described in the June 30, 1993, report by the Secretary of Defense pursuant to

section 9140(c) of the Department of Defense

Appropriations Act, 1993 (Public Law 102–396;

106 Stat. 1939), including the additional

claims noticed by the Department of Commerce on page 2 of that report, have been resolved satisfactorily.

SEC. 3313. ASSISTANCE FOR ZAIRE.

(a) SECURITY ASSISTANCE.—Assistance may

not be transferred to the Government of

Zaire for each of the fiscal years 1996 and

1997—

(1) under chapter 4 of part II of the Foreign

Assistance Act of 1961 (22 U.S.C. 2346 et seq.;

relating to the economic support fund);

(2) under chapter 5 of part II of that Act (22

U.S.C. 2347 et seq.; relating to international

military education and training); or

(3) from the ‘‘Foreign Military Financing

Program’’ account under section 23 of the

Arms Export Control Act (22 U.S.C. 2763).

(b) DEVELOPMENT ASSISTANCE.—Assistance

under chapter 1 of part I of the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.; relating to development assistance) or chapter

10 of such part (22 U.S.C. 2293 et seq.; relating

to the Development Fund for Africa) for each

of the fiscal years 1996 and 1997 shall not be

transferred to the Government of Zaire.

TITLE XXXIV—SPECIAL AUTHORITIES AND

OTHER PROVISIONS

CHAPTER 1—SPECIAL AUTHORITIES

SEC. 3401. ENHANCED TRANSFER AUTHORITY.

Section 610 of the Foreign Assistance Act

of 1961 (22 U.S.C. 2360) is amended to read as

follows:

‘‘SEC. 610. TRANSFER BETWEEN ACCOUNTS.

‘‘(a) GENERAL AUTHORITY.—Whenever the

President determines it to be necessary for

the purposes of this Act or the Arms Export

Control Act (22 U.S.C. 2751 et seq.), not to exceed 20 percent of the funds made available

to carry out any provision of this Act (except funds made available pursuant to title

IV of chapter 2 of part I) or section 23 of the

Arms Export Control Act (22 U.S.C. 2763)—

‘‘(1) may be transferred to, and consolidated with, the funds in any other account or

fund available to carry out any provision of

this Act; and

‘‘(2) may be used for any purpose for which

funds in that account or fund may be used.

‘‘(b) LIMITATION ON AMOUNT OF INCREASE.—

The total amount in the account or fund for

the benefit of which transfer is made under

subsection (a) during any fiscal year may not

be increased by more than 20 percent of the

amount of funds otherwise made available.

‘‘(c) NOTIFICATION.—The President shall notify in writing the congressional committees

specified in section 634A at least fifteen days

in advance of each such transfer between accounts in accordance with procedures applicable to reprogramming notifications under

such section.’’.

SEC. 3402. AUTHORITY TO MEET UNANTICIPATED

CONTINGENCIES.

(a) IN GENERAL.—Chapter 1 of part III of

the Foreign Assistance Act of 1961 is amended by inserting after section 610 (22 U.S.C.

2360) the following new section:

‘‘SEC. 610A. AUTHORITY TO MEET UNANTICIPATED CONTINGENCIES.

‘‘(a) AUTHORITY.—

‘‘(1) IN GENERAL.—In order to provide for

any unanticipated contingency in the programs, projects, or activities for which assistance is provided under this Act, the

President is authorized to use funds made

available to carry out any provision of this

Act (other than chapter 1 or chapter 10 of

part I of this Act) for the purpose of providing assistance authorized by any other provision of this Act in accordance with the provisions applicable to the furnishing of such assistance.

‘‘(2) LIMITATION.—The authority of paragraph (1) may not be used to authorize the

use of more than $40,000,000 in any fiscal

year.

‘‘(b) SUPERSEDES OTHER LAWS.—Funds

made available under the authority of this

section may be used notwithstanding any

other provision of law.

‘‘(c) NOTIFICATION OF CONGRESS.—

‘‘(1) NOTIFICATION.—Except as provided in

paragraph (2), the President shall notify the

congressional committees specified in section 634A(a) at least 15 days before obligating

any funds under this section in accordance

with the procedures applicable to

reprogramming notifications under section

634A(a).

‘‘(2) EXCEPTION.—The President may waive

the requirement contained in paragraph (1) if

the President determines that complying

with such requirement would pose a substantial risk to human health or welfare. If the

President exercises the waiver under the preceding sentence, the President shall notify

the congressional committees specified in

section 634A(a) as early as practicable, but in

no event later than 3 days after the date on

which the President took the action to

which such notification requirement was applicable.’’.

(b) REPEAL.—Chapter 5 of part I of the Foreign Assistance Act of 1961 (22 U.S.C. 2261; relating to contingencies) is hereby repealed.

SEC. 3403. SPECIAL WAIVER AUTHORITY.

Section 614 of the Foreign Assistance Act

of 1961 (22 U.S.C. 2364) is amended to read as

follows:

‘‘SEC. 614. SPECIAL WAIVER AUTHORITY.

‘‘(a) AUTHORITY.—The President may provide assistance and make loans under the

provisions of law described in subsection (b),

notwithstanding any other provision of law,

if the President determines that to do so is

vital to the national interests of the United

States.

‘‘(b) LAWS WHICH MAY BE WAIVED.—The

provisions of law described in this subsection

are—

‘‘(1) this Act;

‘‘(2) the Arms Export Control Act (22

U.S.C. 2751 et seq.);

‘‘(3) any provision of law authorizing the

provision of assistance to foreign countries

or making appropriations for such assistance; and

‘‘(4) any other provision of law that restricts the authority to provide assistance or

make loans under a provision of law described in paragraph (1), (2), or (3).

‘‘(c) CONSULTATION WITH CONGRESS.—Before exercising the authority under subsection (a), the President shall consult with,

and shall provide a written policy justification to the Committee on International Relations and the Committee on Appropriations of the House of Representatives and

the Committee on Foreign Relations and the

Committee on Appropriations of the Senate.

‘‘(d) NOTIFICATION TO CONGRESS.—A determination under subsection (a) shall be effective only if the President notifies the congressional committees specified in subsection (c) in writing of that determination.

‘‘(e) ANNUAL CEILINGS.—

‘‘(1) IN GENERAL.—The authority of this

section may not be used in any fiscal year to

authorize—

‘‘(A) more than $750,000,000 in sales or

leases to be made under the Arms Export

Control Act (22 U.S.C. 2751 et seq.);

‘‘(B) the use of more than $250,000,000 of

funds made available under this Act or the

Arms Export Control Act; or

‘‘(C) the use of more than $100,000,000 of foreign currencies accruing under this Act or

any other provision of law.

‘‘(2) SALES UNDER THE ARMS EXPORT CONTROL ACT.—If the authority of this section is

used both to authorize a sale or lease under

the Arms Export Control Act and to authorize funds to be used under this Act with respect to the financing of that sale or lease,

then the use of the funds shall be counted

against the limitation in paragraph (1)(B)

and the portion, if any, of the sale or lease

which is not so financed shall be counted

against the limitation in paragraph (1)(A).

‘‘(3) LEASES.—For purposes of paragraph

(1)(A) the replacement cost, less any depreciation in the value, of the defense articles

authorized to be leased shall be counted

against the limitation in that paragraph.
H 5228 CONGRESSIONAL RECORD — HOUSE May 17, 1995

‘‘(4) COUNTRY LIMITS.—(A) Not more than

$75,000,000 of the $250,000,000 limitation provided in paragraph (1)(B) may be allocated to

any one country in any fiscal year unless

that country is a victim of active aggression.

‘‘(B) Not more than $500,000,000 of the aggregate limitation of $1,000,000,000 provided

in paragraph (1)(A) and (1)(B) may be allocated to any one country in any fiscal

year.’’.

SEC. 3404. TERMINATION OF ASSISTANCE.

Section 617 of the Foreign Assistance Act

of 1961 (22 U.S.C. 2367) is amended to read as

follows:

‘‘SEC. 617. TERMINATION OF ASSISTANCE.

‘‘(a) IN GENERAL.—(1) In order to ensure

the effectiveness of assistance provided

under this Act, funds made available under

this Act to carry out any program, project,

or activity of assistance shall remain available for obligation for a period not to exceed

8 months after the date of termination of

such assistance for the necessary expenses of

winding up such programs, projects, or activities and, notwithstanding any other provision of law, funds so obligated may remain

available until expended.

‘‘(2) Funds obligated to carry out any program, project, or activity of assistance before the effective date of the termination of

such assistance are authorized to be available for expenditure for the necessary expenses of winding up such programs,

projects, and activities, notwithstanding any

provision of law restricting the expenditure

of funds, and may be reobligated to meet any

other necessary expenses arising from the

termination of such assistance.

‘‘(3) The necessary expenses of winding up

programs, projects, and activities of assistance include the obligation and expenditure

of funds to complete the training or studies

outside their countries of origin of students

whose course of study or training program

began before assistance was terminated.

‘‘(b) LIABILITY TO CONTRACTORS.—For the

purpose of making an equitable settlement

of termination claims under extraordinary

contractual relief standards, the President is

authorized to adopt as a contract or other

obligation of the United States Government,

and assume (in whole or in part) any liabilities arising thereunder, any contract with a

United States or third-country contractor to

carry out any program, project, or activity

of assistance under this Act that was subsequently terminated pursuant to law.

‘‘(c) GUARANTEE PROGRAMS.—Provisions of

this or any other Act requiring the termination of assistance under this Act shall not

be construed to require the termination of

guarantee commitments that were entered

into before the effective date of the termination of assistance.’’.

CHAPTER 2—OTHER PROVISIONS

SEC. 3411. CONGRESSIONAL PRESENTATION DOCUMENTS.

Section 634 of the Foreign Assistance Act

of 1961 (22 U.S.C. 2394) is amended to read as

follows:

‘‘SEC. 634. CONGRESSIONAL PRESENTATION DOCUMENTS.

‘‘(a) REQUIREMENT FOR SUBMISSION.—As

part of the annual requests for enactment of

authorizations and appropriations for foreign

assistance programs for each fiscal year, the

President shall prepare and transmit to the

Congress annual congressional presentation

documents for the programs authorized

under this Act and the Arms Export Control

Act (22 U.S.C. 2751 et seq.).

‘‘(b) MATERIALS TO BE INCLUDED.—The documents submitted pursuant to subsection (a)

shall include—

‘‘(1) the rationale for the allocation of assistance or contributions to each country,

regional, or centrally funded program, or organization, as the case may be;

‘‘(2) a description of how each such program or contribution supports the objectives

of this Act or the Arms Export Control Act,

as the case may be;

‘‘(3) a description of planned country, regional, or centrally funded programs or contributions to international organizations and

programs for the coming fiscal year; and

‘‘(4) for each country for which assistance

is requested under this Act or the Arms Export Control Act—

‘‘(A) the total number of years since 1946

that the United States has provided assistance;

‘‘(B) the total amount of bilateral assistance provided by the United States since

1946, including the principal amount of all

loans, credits, and guarantees; and

‘‘(C) the total amount of assistance provided to such country from all multilateral

organizations to which the United States is

a member, including all international financial institutions, the United Nations, and

other international organizations.

‘‘(c) GRADUATION FROM DEVELOPMENT ASSISTANCE.—

‘‘(1) DETERMINATION.—As part of the congressional presentation documents transmitted to the Congress under this section, the

Secretary of State shall make a separate determination for each country identified in

such documents for which bilateral development assistance is requested, estimating the

year in which each such country will no

longer be receiving bilateral development assistance.

‘‘(2) DEVELOPMENT ASSISTANCE DEFINED.—

For purposes of this section, the term ‘development assistance’ means assistance under—

‘‘(A) chapter 1 of part I of this Act;

‘‘(B) chapter 10 of part I of this Act;

‘‘(C) chapter 11 of part I of this Act; and

‘‘(D) the Support for East European Democracy (SEED) Act of 1989 (22 U.S.C. 5401 et

seq.).’’.

SEC. 3412. PROHIBITION ON ASSISTANCE TO FOREIGN GOVERNMENTS ENGAGED IN

ESPIONAGE AGAINST THE UNITED

STATES.

Chapter 1 of part III of the Foreign Assistance Act of 1961 (22 U.S.C. 2370 et seq.), as

amended by this Act, is further amended by

adding at the end the following new section:

‘‘SEC. 620J. PROHIBITION ON ASSISTANCE TO

FOREIGN GOVERNMENTS ENGAGED

IN ESPIONAGE AGAINST THE UNITED STATES.

‘‘(a) PROHIBITION.—None of the funds made

available to carry out this Act or the Arms

Export Control Act (22 U.S.C. 2751 et seq.)

(other than humanitarian assistance or assistance for refugees) may be provided to any

foreign government which the President determines is engaged in intelligence activities

within the United States harmful to the national security of the United States.

‘‘(b) PERIODIC REPORTS.—Beginning one

year after the date of enactment of this section, and annually thereafter, the President

shall prepare and transmit to the Committee

on Foreign Relations and the Select Committee on Intelligence of the Senate and the

Committee on International Relations and

the Permanent Select Committee on Intelligence of the House of Representatives a report, in classified and unclassified forms,

listing all foreign governments which the

President determines are conducting intelligence activities within the United States

harmful to the national security of the United States.

‘‘(c) DEFINITION.—As used in this section,

the term ‘humanitarian assistance’ means

food (including the monetization of food),

clothing, medicine, and medical supplies.’’.

SEC. 3413. DEBT RESTRUCTURING FOR FOREIGN

ASSISTANCE.

Chapter 1 of part III of the Foreign Assistance Act of 1961 (22 U.S.C. 2370 et seq.), as

amended by this Act, is further amended by

adding at the end the following new section:

‘‘SEC. 620K. SPECIAL DEBT RELIEF FOR POOR

COUNTRIES.

‘‘(a) AUTHORITY TO REDUCE DEBT.—The

President may reduce amounts owed to the

United States Government by a country described in subsection (b) as a result of—

‘‘(1) loans or guarantees issued under this

Act; or

‘‘(2) credits extended or guarantees issued

under the Arms Export Control Act (22

U.S.C. 2751 et seq.).

‘‘(b) COUNTRY DESCRIBED.—A country described in this subsection is a country—

‘‘(1) with a heavy debt burden that is eligible to borrow from the International Development Association but not from the International Bank for Reconstruction and Development (commonly referred to as an ‘IDAonly’ country); and

‘‘(2) the government of which—

‘‘(A) does not have an excessive level of

military expenditures;

‘‘(B) has not repeatedly provided support

for acts of international terrorism; and

‘‘(C) is cooperating with the United States

on international narcotics control matters;

‘‘(3) (including the military or other security forces of such government) does not engage in a consistent pattern of gross violations of internationally recognized human

rights; and

‘‘(4) is not prohibited from receiving assistance described in section 527(a) of the Foreign Relations Authorization Act, Fiscal

Years 1994 and 1995 by reason of such section.

‘‘(c) LIMITATIONS.—The authority under

subsection (a) may be exercised—

‘‘(1) only to implement multilateral official debt relief ad referendum agreements

(commonly referred to as ‘Paris Club Agreed

Minutes’); and

‘‘(2) only to the extent that appropriations

for the cost of the modification, as defined in

section 502 of the Congressional Budget Act

of 1974, are made in advance.

‘‘(d) CERTAIN PROHIBITIONS INAPPLICABLE.—

A reduction of debt pursuant to the exercise

of authority under subsection (a)—

‘‘(1) shall not be considered assistance for

purposes of any provision of law limiting assistance to a country; and

‘‘(2) may be exercised notwithstanding section 620(r) of this Act or any comparable provision of law.

‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—

‘‘(1) IN GENERAL.—There are authorized to

be appropriated to the President for the purpose of carrying out this section $7,000,000 for

each of the fiscal years 1996 and 1997.

‘‘(2) AVAILABILITY.—Amounts authorized to

be appropriated under paragraph (1) are authorized to remain available until expended.’’.

SEC. 3414. DEBT BUYBACKS OR SALES FOR DEBT

SWAPS.

Part IV of the Foreign Assistance Act of

1961 (22 U.S.C. 2430 et seq.) is amended by

adding at the end the following new section:

‘‘SEC. 711. AUTHORITY TO ENGAGE IN DEBT

BUYBACKS OR SALES.

‘‘(a) LOANS ELIGIBLE FOR SALE, REDUCTION,

OR CANCELLATION.—

‘‘(1) AUTHORITY TO SELL, REDUCE, OR CANCEL

CERTAIN LOANS.—Notwithstanding any other

provision of law, the President may, in accordance with this section, sell to any eligible purchaser any concessional loan or portion thereof made before January 1, 1995, to

the government of any eligible country pursuant to this Act, or on receipt of payment

from an eligible purchaser, reduce or cancel

such loan or portion thereof, only for the

purpose of facilitating—

‘‘(A) debt-for-equity swaps, debt-for-development swaps, or debt-for-nature swaps; or
May 17, 1995 CONGRESSIONAL RECORD — HOUSE H 5229

‘‘(B) a debt buyback by an eligible country

of its own qualified debt, only if the eligible

country uses an additional amount of the

local currency of the eligible country, equal

to not less than 40 percent of the price paid

for such debt by such eligible country, or the

difference between the price paid for such

debt and the face value of such debt, to support activities that link conservation and

sustainable use of natural resources with

local community development, and child survival and other child development, in a manner consistent with sections 707 through 710,

if the sale, reduction, or cancellation would

not contravene any term or condition of any

prior agreement relating to such loan.

‘‘(2) TERMS AND CONDITIONS.—Notwithstanding any other provision of law, the

President shall, in accordance with this section, establish the terms and conditions

under which loans may be sold, reduced, or

canceled pursuant to this section.

‘‘(3) ADMINISTRATION.—The Facility shall

notify the administrator of the agency primarily responsible for administering part I

of this Act of purchasers that the President

has determined to be eligible, and shall direct such agency to carry out the sale, reduction, or cancellation of a loan pursuant

to this section. Such agency shall make an

adjustment in its accounts to reflect the

sale, reduction, or cancellation.

‘‘(4) LIMITATION.—The authorities of this

subsection shall be available only to the extent that appropriations for the cost of the

modification, as defined in section 502 of the

Congressional Budget Act of 1974, are made

in advance.

‘‘(b) DEPOSIT OF PROCEEDS.—The proceeds

from the sale, reduction, or cancellation of

any loan sold, reduced, or canceled pursuant

to this section shall be deposited in an account or accounts established in the Treasury for the repayment of such loan.

‘‘(c) ELIGIBLE PURCHASERS.—A loan may be

sold pursuant to subsection (a)(1)(A) only to

a purchaser who presents plans satisfactory

to the President for using the loan for the

purpose of engaging in debt-for-equity swaps,

debt-for-development swaps, or debt-for-nature swaps.

‘‘(d) DEBTOR CONSULTATIONS.—Before the

sale to any eligible purchaser, or any reduction or cancellation pursuant to this section,

of any loan made to an eligible country, the

President shall consult with the country

concerning the amount of loans to be sold,

reduced, or canceled and their uses for debtfor-equity swaps, debt-for-development

swaps, or debt-for-nature swaps.

‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—

‘‘(1) IN GENERAL.—For the sale, reduction,

and cancellation of loans or portions thereof

pursuant to this section, there are authorized to be appropriated to the President

$3,000,000 for each of the fiscal years 1996 and

1997.

‘‘(2) AVAILABILITY.—Amounts authorized to

be appropriated under paragraph (1) are authorized to remain available until expended.’’.

SEC. 3415. IMPACT ON JOBS IN THE UNITED

STATES.

Section 636 of the Foreign Assistance Act

of 1961 (22 U.S.C. 2396) is amended by adding

at the end the following new subsection:

‘‘(j)(1) Funds made available to carry out

the provisions of this Act may not be made

available to provide—

‘‘(A) any financial incentive to a business

enterprise located in the United States for

the purpose of inducing that enterprise to relocate outside the United States if such incentive or inducement is likely to reduce the

number of individuals employed in the United States by that enterprise because that enterprise would replace production in the

United States with production outside the

United States;

‘‘(B) assistance for the purpose of establishing or developing in a foreign country

any export processing zone or designated

area in which the tax, tariff, labor, environment, and safety laws of that country do not

apply, in part or in whole, to activities carried out within that zone or area, unless the

President determines and certifies that such

assistance is not likely to cause a loss of jobs

within the United States; or

‘‘(C) subject to paragraph (2), assistance for

any project or activity that contributes to

the violation of internationally recognized

workers rights (as defined in section 502(a)(4)

of the Trade Act of 1974) of workers in the

foreign country, including in any designated

zone or area in that country.

‘‘(2) Paragraph (1)(C) shall not apply with

respect to the provision of assistance for the

informal sector, microenterprises and smallscale enterprises, and small-holder agriculture of the foreign country.’’.

SEC. 3416. PROHIBITION ON ASSISTANCE TO FOREIGN GOVERNMENTS THAT EXPORT

LETHAL MILITARY EQUIPMENT TO

COUNTRIES SUPPORTING INTERNATIONAL TERRORISM.

(a) IN GENERAL.—Section 620 of the Foreign

Assistance Act of 1961 (22 U.S.C. 2370), as

amended by this Act, is further amended by

adding at the end the following new subsection:

‘‘(z)(1) No assistance may be provided

under this Act or the Arms Export Control

Act to any foreign government that provides

lethal military equipment to a country, the

government of which the Secretary of State

has determined pursuant to section 40(d) of

the Arms Export Control Act is a government that has repeatedly provided support

for acts of international terrorism.

‘‘(2) The prohibition under paragraph (1)

with respect to a foreign government shall

terminate 12 months after the date on which

that government ceases to provide such lethal military equipment.

‘‘(3) The President may waive the requirements of paragraph (1) if the President determines that the provision of such assistance

is important to the national security interests of the United States.

‘‘(4) Whenever the waiver of paragraph (3)

is exercised, the President shall prepare and

transmit to the appropriate congressional

committees a report with respect to the furnishing of such assistance. Such report shall

include a detailed explanation of the assistance to be provided, including the estimated

dollar amount of such assistance, and an explanation of how the assistance furthers the

national interests of the United States.

‘‘(5) For purposes of this subsection, the

term ‘appropriate congressional committees’

means the Committee on International Relations and the Committee on Appropriations

of the House of Representatives and the

Committee on Foreign Relations and the

Committee on Appropriations of the Senate.’’.

(b) EFFECTIVE DATE.—Section 620(z) of the

Foreign Assistance Act of 1961, as added by

subsection (a), applies with respect to lethal

military equipment provided pursuant to a

contract entered into on or after the date of

enactment of this Act.

SEC. 3417. PROHIBITION ON ASSISTANCE TO

COUNTRIES THAT CONSISTENTLY

OPPOSE THE UNITED STATES POSITION IN THE UNITED NATIONS GENERAL ASSEMBLY.

(a) PROHIBITION.—United States assistance

may not be provided to a country that consistently opposed the United States position

in the United Nations General Assembly during the most recent session of the General

Assembly.

(b) CHANGE IN GOVERNMENT.—If—

(1) the Secretary of State determines that,

since the beginning of the most recent session of the General Assembly, there has been

a fundamental change in the leadership and

policies of the government of a country to

which the prohibition in subsection (a) applies, and

(2) the Secretary believes that because of

that change the government of that country

will no longer consistently oppose the United

States position in the General Assembly,

the Secretary may exempt that country

from that prohibition. Any such exemption

shall be effective only until submission of

the next report under section 406 of the Foreign Relations Authorization Act, Fiscal

Years 1990 and 1991. The Secretary shall submit to the Congress a certification of each

exemption made under this subsection. Such

certification shall be accompanied by a discussion of the basis for the Secretary’s determination and belief with respect to such exemption.

(c) WAIVER AUTHORITY.—The Secretary of

State may waive the requirement of subsection (a) if the Secretary determines and

reports to the Congress that despite the

United Nations voting pattern of a particular country, the provision of United States

assistance to that country is necessary to

promote United States foreign policy objectives.

(d) DEFINITIONS.—As used in this section—

(1) the term ‘‘consistently opposed the

United States position’’ means that the

country’s votes in the United Nations General Assembly coincided with the United

States position less than 25 percent of the

time, using for this purpose the overall percentage-of-voting coincidences set forth in

the annual report submitted to the Congress

pursuant to section 406 of the Foreign Relations Authorization Act, Fiscal Years 1990

and 1991;

(2) the term ‘‘most recent session of the

General Assembly’’ means the most recently

completed plenary session of the General Assembly for which overall percentage-of-voting coincidences is set forth in the most recent report submitted to the Congress pursuant to section 406 of the Foreign Relations

Authorization Act, Fiscal Years 1990 and

1991; and

(3) the term ‘‘United States assistance’’

means assistance under—

(A) chapter 4 of part II of the Foreign Assistance Act of 1961 (relating to the economic

support fund),

(B) chapter 5 of part II of that Act (relating to international military education and

training), or

(C) the ‘‘Foreign Military Financing Program’’ account under section 23 of the Arms

Export Control Act,

except that such term does not include assistance under chapter 8 of part I of the Foreign Assistance Act of 1961 (relating to international narcotics control) or assistance

under chapter 8 of part II of such Act (relating to antiterrorism assistance).

(e) EFFECTIVE DATE.—This section takes effect upon the date of the submission to the

Congress of the report pursuant to section

406 of the Foreign Relations Authorization

Act, Fiscal Years 1990 and 1991, that is required to be submitted by March 31, 1996.

SEC. 3418. LIMITATION ON ASSISTANCE TO COUNTRIES THAT RESTRICT THE TRANSPORT OR DELIVERY OF UNITED

STATES HUMANITARIAN ASSISTANCE.

(a) FINDINGS.—The Congress makes the following findings:

(1) The United States Federal budget deficit and spending constraints require the

maximum efficiency in the usage of United

States foreign assistance.
H 5230 CONGRESSIONAL RECORD — HOUSE May 17, 1995

(2) The delivery of humanitarian assistance

to people in need is consistent with the fundamental values of our Nation and is an important component of United States foreign

policy.

(3) As a matter of principle and in furtherance of fiscal prudence, the United States

should seek to promote the delivery of humanitarian assistance to people in need in a

manner that is both timely and cost effective.

(4) Recipients of United States assistance

should not hinder or delay the transport or

delivery of United States humanitarian assistance to other countries.

(b) PROHIBITION ON ASSISTANCE.—Section

620 of the Foreign Assistance Act of 1961 (22

U.S.C. 2370), as amended by this Act, is further amended by adding at the end the following new subsection:

‘‘(aa)(1) Notwithstanding any other provision of law, United States assistance may

not be made available for any country whose

government prohibits or otherwise restricts,

directly or indirectly, the transport or delivery of United States humanitarian assistance.

‘‘(2) The prohibition on United States assistance contained in paragraph (1) shall not

apply if the President determines and notifies the Congress in writing that providing

such assistance to a country is in the national security interest of the United States.

‘‘(3) A suspension or termination of United

States assistance for any country under

paragraph (1) shall cease to be effective when

the President certifies in writing to the

Speaker of the House of Representatives and

the Committee on Foreign Relations of the

Senate that such country is no longer prohibiting or otherwise restricting, either directly or indirectly, the transport or delivery of United States humanitarian assistance.

‘‘(4)(A) At the time of the annual budget

submission to Congress, the President shall

submit a report to the Congress describing

any information available to the President

concerning prohibitions or restrictions, direct or indirect, on the transport or delivery

of United States humanitarian assistance by

the government of any country receiving or

eligible to receive United States foreign assistance during the current or preceding fiscal year.

‘‘(B) The President shall include in the report required by subparagraph (A) a statement as to whether the prohibition in paragraph (1) is being applied to each country for

which the President has information available to him concerning prohibitions or restrictions, direct or indirect, on the transport or delivery of United States humanitarian assistance.

‘‘(5) As used in this subsection, the term

‘United States assistance’ has the same

meaning given that term in section 481(e)(4)

of this Act.’’.

SEC. 3419. PROHIBITION ON ASSISTANCE TO FOREIGN GOVERNMENTS, PRIVATE AND

VOLUNTARY ORGANIZATIONS, AND

OTHER ENTITIES THAT INHIBIT

UNITED STATES-SUPPORTED DEMINING OPERATIONS AND ACTIVITIES.

(a) PROHIBITION.—None of the funds authorized to be appropriated by this Act may be

made available to any foreign government,

private and voluntary organization, or any

other entity which the Secretary of State determines inhibits United States-supported

demining operations and activities through

the imposition of discriminatory customs

duties, tariffs, or any other barrier to the

entry of equipment or personnel designated

for use or participation in such operations

and activities.

(b) EXCEPTION.—(1) The prohibition contained in subsection (a) shall not apply with

respect to a foreign government, private and

voluntary organization, or any other entity

if the President determines and reports to

the congressional committees specified in

section 634A of the Foreign Assistance Act of

1961 (in accordance with procedures applicable to reprogramming notifications under

that section) that the provision of assistance

to such government, organization, or other

entity, as the case may be, is important to

the national interest of the United States.

(2) Any determination under paragraph (1)

shall include a detailed justification of how

the provision of assistance furthers United

States national interests.

CHAPTER 3—REPEALS

SEC. 3421. REPEAL OF OBSOLETE PROVISIONS.

(a) 1988 FOREIGN OPERATIONS APPROPRIATIONS ACT.—Section 537(h)(2) of the Foreign

Operations, Export Financing, and Related

Programs Appropriations Act, 1988, as included in Public Law 100–202, is hereby repealed.

(b) 1987 FOREIGN ASSISTANCE APPROPRIATIONS ACT.—Section 539(g)(2) of the Foreign

Assistance and Related Programs Appropriations Act, 1987, as included in Public Law 99–

591, is hereby repealed.

(c) 1986 ASSISTANCE ACT.—The Special Foreign Assistance Act of 1986 is hereby repealed

except for section 1 and section 204.

(d) 1985 ASSISTANCE ACT.—The International Security and Development Cooperation Act of 1985 is hereby repealed except for

section 1, section 131, section 132, section 504,

section 505, part B of title V (other than section 558 and section 559), section 1302, section

1303, and section 1304.

(e) 1985 JORDAN SUPPLEMENTAL ACT.—The

Jordan Supplemental Economic Assistance

Authorization Act of 1985 is hereby repealed.

(f) 1985 AFRICAN FAMINE ACT.—The African

Famine Relief and Recovery Act of 1985 is

hereby repealed.

(g) 1983 ASSISTANCE ACT.—The International Security and Development Assistance Authorization Act of 1983 is hereby repealed.

(h) 1983 LEBANON ASSISTANCE ACT.—The

Lebanon Emergency Assistance Act of 1983 is

hereby repealed.

(i) 1981 ASSISTANCE ACT.—The International Security and Development Cooperation Act of 1981 is hereby repealed except for

section 1, section 709, and section 714.

(j) 1980 ASSISTANCE ACT.—The International Security and Development Cooperation Act of 1980 is hereby repealed except for

section 1, section 110, section 316, and title V.

(k) 1979 DEVELOPMENT ASSISTANCE ACT.—

The International Development Cooperation

Act of 1979 is hereby repealed.

(l) 1979 SECURITY ASSISTANCE ACT.—The

International Security Assistance Act of 1979

is hereby repealed.

(m) 1979 SPECIAL SECURITY ASSISTANCE

ACT.—The Special International Security

Assistance Act of 1979 is hereby repealed.

(n) 1978 DEVELOPMENT ASSISTANCE ACT.—

The International Development and Food Assistance Act of 1978 is hereby repealed, except for section 1, title IV, and section

603(a)(2).

(o) 1978 SECURITY ASSISTANCE ACT.—The

International Security Assistance Act of 1978

is hereby repealed.

(p) 1977 DEVELOPMENT ASSISTANCE ACT.—

The International Development and Food Assistance Act of 1977 is hereby repealed except

for section 1, section 132(b), and section 133.

(q) 1977 SECURITY ASSISTANCE ACT.—The

International Security Assistance Act of 1977

is hereby repealed.

(r) 1976 SECURITY ASSISTANCE ACT.—The

International Security Assistance and Arms

Export Control Act of 1976 is hereby repealed

except for section 1, section 201(b), section

212(b), section 601, and section 608.

(s) 1975 DEVELOPMENT ASSISTANCE ACT.—

The International Development and Food Assistance Act of 1975 is hereby repealed.

(t) 1975 BIB ACT.—Public Law 94–104 is

hereby repealed.

(u) 1974 ASSISTANCE ACT.—The Foreign Assistance Act of 1974 is hereby repealed.

(v) 1973 EMERGENCY ASSISTANCE ACT.—The

Emergency Security Assistance Act of 1973 is

hereby repealed.

(w) 1973 ASSISTANCE ACT.—The Foreign Assistance Act of 1973 is hereby repealed.

(x) 1971 ASSISTANCE ACT.—The Foreign Assistance Act of 1971 is hereby repealed.

(y) 1971 SPECIAL ASSISTANCE ACT.—The

Special Foreign Assistance Act of 1971 is

hereby repealed.

(z) 1969 ASSISTANCE ACT.—The Foreign Assistance Act of 1969 is hereby repealed except

for the first section and part IV.

(aa) 1968 ASSISTANCE ACT.—The Foreign

Assistance Act of 1968 is hereby repealed.

(bb) 1964 ASSISTANCE ACT.—The Foreign

Assistance Act of 1964 is hereby repealed.

(cc) LATIN AMERICAN DEVELOPMENT ACT.—

The Latin American Development Act is

hereby repealed.

(dd) 1959 MUTUAL SECURITY ACT.—The Mutual Security Act of 1959 is hereby repealed.

(ee) 1954 MUTUAL SECURITY ACT.—Sections

402 and 417 of the Mutual Security Act of 1954

are hereby repealed.

(ff) DEPARTMENT OF STATE AUTHORIZATION

ACT, FISCAL YEARS 1982 and 1983.—Section

109 of the Department of State Authorization

Act, Fiscal Years 1982 and 1983, is hereby repealed.

(gg) DEPARTMENT OF STATE AUTHORIZATION

ACT, FISCAL YEARS 1984 AND 1985.—Sections

1004 and 1005(a) of the Department of State

Authorization Act, Fiscal Years 1984 and

1985, are hereby repealed.

(hh) SAVINGS PROVISION.—Except as otherwise provided in this Act, the repeal by this

Act of any provision of law that amended or

repealed another provision of law does not

affect in any way that amendment or repeal.

TITLE XXXV—EFFECTIVE DATE

SEC. 3501. EFFECTIVE DATE.

Except as otherwise provided in this Act,

this division, and the amendments made by

this division, shall take effect on the date of

the enactment of this Act or October 1, 1995,

whichever occurs later.