Union Calendar No. 69

103D CONGRESS

1ST SESSION H. R. 2333

[Report No. 103–126]

A BILL

To authorize appropriations for the Department of

purposes.for foreign assistance programs, and for otherand related agencies, to authorize appropriationsState, the United States Information Agency,

JUNE 11, 1993

Reported with an amendment, committed to the Commitordered to be printed tee of the Whole House on the State of the Union and
IB

Union Calendar No. 69

103D CONGRESS

1ST SESSION H. R. 2333

[Report No. 103–126]

To authorize appropriations for the Department of State, the United States

Information Agency, and related agencies, to authorize appropriations

for foreign assistance programs, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

JUNE 8, 1993

Mr. HAMILTON (for himself, Mr. BERMAN, and Mr. GILMAN) introduced the

following bill; which was referred to the Committee on Foreign Affairs

JUNE 11, 1993

Reported with an amendment, committed to the Committee of the Whole

House on the State of the Union and ordered to be printed

[Strike out all after the enacting clause and insert the part printed in italic]

[For text of introduced bill, see copy of bill as introduced on June 8, 1993]

A BILL

To authorize appropriations for the Department of State,

the United States Information Agency, and related agencies, to authorize appropriations for foreign assistance

programs, and for other purposes.

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

2 (a) IN GENERAL.—This Act may be cited as the

3 ‘‘International Relations Act of 1993’’.

4 (b) DIVISION A.—Division A of this Act may be cited

5 as the ‘‘State Department, USIA, and Related Agencies Au6 thorization Act, Fiscal Years 1994 and 1995’’.

7 (c) DIVISION B.—Division B of this Act may be cited

8 as the ‘‘Foreign Assistance Authorization Act of 1993’’.

9 SEC. 2. TABLE OF CONTENTS.

10 The table of contents for this Act is as follows:

Sec. 1. Short title.

Sec. 2. Table of contents.

DIVISION A—STATE DEPARTMENT, USIA, AND RELATED

AGENCIES

TITLE I—DEPARTMENT OF STATE AND RELATED AGENCIES

PART A—AUTHORIZATION OF APPROPRIATIONS

Sec. 101. Administration of foreign affairs.

Sec. 102. Agency for International Development operating expenses.

Sec. 103. International organizations, programs, and conferences.

Sec. 104. International commissions.

Sec. 105. Migration and refugee assistance.

Sec. 106. Other programs.

Sec. 107. United States Arms Control and Disarmament Agency.

PART B—AUTHORITIES AND ACTIVITIES

Sec. 111. Authorized strength of the Foreign Service.

Sec. 112. Transfers and reprogrammings.

Sec. 113. Expenses relating to certain international claims and proceedings.

Sec. 114. Child care facilities at certain posts abroad.

Sec. 115. Notification to Congress of proposed reprogrammings of AID operating

expenses.

Sec. 116. Prohibition on discriminatory contracts.

Sec. 117. Emergencies in the diplomatic and consular service.

Sec. 118. Role of the Foreign Service Institute.

Sec. 119. Reporting requirement on American prisoners abroad.

Sec. 120. Consular authorities.

Sec. 121. Requirement for authorization of appropriations for AID.

Sec. 122. Report on consolidation of administrative operations.

Sec. 123. Local guard contracts abroad.

Sec. 124. Visas.
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Sec. 125. Consular and diplomatic posts abroad.

Sec. 126. Annual country reports on terrorism.

PART C—DEPARTMENT OF STATE ORGANIZATION

Sec. 131. Organizing principles.

Sec. 132. Organization of the Department of State.

Sec. 133. Technical and conforming amendments.

Sec. 134. Director General of the Foreign Service.

PART D—PERSONNEL

Sec. 141. Labor-management relations.

Sec. 142. Voluntary retirement incentive program.

Sec. 143. Waiver of limit for certain claims for personal property damage or loss.

Sec. 144. Salaries of chiefs of mission.

Sec. 145. Senior Foreign Service performance pay.

Sec. 146. Reassignment and retirement of former Presidential appointees.

Sec. 147. Report on classification of Senior Foreign Service positions.

Sec. 148. Limitation on number of limited career extensions.

Sec. 149. Amendments to title 5.

Sec. 150. Amendments to chapter 11 of the Foreign Service Act.

PART E—INTERNATIONAL ORGANIZATIONS

Sec. 161. International Atomic Energy Agency safeguards.

Sec. 162. Agreement on State and local taxation of foreign employees of public

international organizations.

Sec. 163. Reform in budget decisionmaking procedures of the United Nations and

its specialized agencies.

Sec. 164. International Boundary and Water Commission.

Sec. 165. United States membership in the Asian-Pacific Economic Cooperation

Organization.

Sec. 166. Limitation on contributions to the United Nations and affiliated organizations.

PART F—MISCELLANEOUS PROVISIONS

Sec. 181. Women’s human rights protection.

Sec. 182. Publishing international agreements.

Sec. 183. Migration and refugee amendments.

Sec. 184. United Nations Security Council membership.

Sec. 185. Reforms in the Food and Agriculture Organization.

Sec. 186. Interparliamentary exchanges.

Sec. 187. United States policy concerning overseas assistance to refugees and displaced persons.

Sec. 188. Policy on Middle East arms sales.

Sec. 189. Report on terrorist assets in the United States.

Sec. 190. Sense of Congress concerning United States citizens victimized by Germany during World War II.

Sec. 191. Transparency in armaments.

Sec. 192. Revitalization of the ‘‘permanent five’’ process.

Sec. 193. Report on the impact of conventional weapons proliferation.

Sec. 194. Establishment of independent inspectors general at international organizations.

Sec. 195. Sense of Congress regarding adherence to United Nations Charter.
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TITLE II—UNITED STATES INFORMATIONAL, EDUCATIONAL, AND

CULTURAL PROGRAMS

PART A—AUTHORIZATION OF APPROPRIATIONS

Sec. 201. Authorization of appropriations.

PART B—INTERNATIONAL BROADCASTING AUTHORITIES AND ACTIVITIES

Sec. 211. Short title.

Sec. 212. Findings and declarations.

Sec. 213. Standards.

Sec. 214. Functions.

Sec. 215. Administration.

Sec. 216. USIA satellite and television.

Sec. 217. Israel relay station.

Sec. 218. Requirement for authorization of appropriations.

Sec. 219. Report on advertising.

PART C—USIA AND RELATED AGENCIES AUTHORITIES AND ACTIVITIES

Sec. 231. Changes in administrative authorities.

Sec. 232. Employment authority.

Sec. 233. Buying power maintenance account.

Sec. 234. Contract authority.

Sec. 235. Appropriations authorities.

Sec. 236. Technical amendment.

Sec. 237. Separate ledger accounts for NED grantees.

Sec. 238. American studies collections.

Sec. 239. South Pacific exchange programs.

Sec. 240. Coordination of United States exchange programs.

Sec. 241. Limitation concerning participation in international expositions.

Sec. 242. Private sector opportunites.

Sec. 243. Educational and cultural exchanges with Tibet.

Sec. 244. Changes in administrative authorities.

PART D—MIKE MANSFIELD FELLOWSHIPS

Sec. 251. Short title.

Sec. 252. Establishment of fellowship program.

Sec. 253. Program requirements.

Sec. 254. Separation of Government personnel during the fellowships.

Sec. 255. Mansfield Fellowship Review Board.

Sec. 256. Definitions.

TITLE III—ARMS CONTROL AND DISARMAMENT AGENCY

Sec. 301. Purposes.

Sec. 302. ACDA Director.

Sec. 303. Special representatives.

Sec. 304. Negotiation management.

Sec. 305. Participation of ACDA Director in certain deliberations.

Sec. 306. Notification to Congress of proposed reprogrammings by ACDA.

Sec. 307. Requirement of authorization of appropriations.
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DIVISION B—FOREIGN ASSISTANCE AND RELATED

PROGRAMS

TITLE XI—REFORM OF FOREIGN ASSISTANCE PROGRAMS

Sec. 1101. Need for foreign assistance reform.

Sec. 1102. Evaluation and accountability.

TITLE XII—AUTHORIZATIONS FOR FOREIGN ASSISTANCE

PROGRAMS

Sec. 1201. Authorizations of appropriations for fiscal year 1994.

Sec. 1202. Child survival activities and Vitamin A Deficiency Program and related activities.

Sec. 1203. Housing guarantee program.

Sec. 1204. Overseas Private Investment Corporation.

Sec. 1205. Special debt reduction authority.

Sec. 1206. Special Defense Acquisition Fund.

TITLE XIII—REGIONAL PROVISIONS

Sec. 1301. Sub-Saharan Africa disaster assistance.

Sec. 1302. African Development Foundation.

Sec. 1303. Conflict resolution initiative for Africa.

Sec. 1304. SADC projects.

Sec. 1305. South Africa.

Sec. 1306. Sudan.

Sec. 1307. Zaire.

Sec. 1308. Afghanistan humanitarian assistance.

Sec. 1309. Multilateral Assistance Initiative for the Philippines.

Sec. 1310. Assistance for Eastern Europe and the Baltics.

Sec. 1311. Assistance for the independent states of the former Soviet Union.

Sec. 1312. Assistance for Mongolia.

Sec. 1313. Termination of IMET program for Malta.

Sec. 1314. Administration of justice and other law enforcement assistance programs for Latin America and the Caribbean.

Sec. 1315. Waiver of Brooke amendment for Nicaragua.

Sec. 1316. Special notification requirements for Guatemala and Peru.

Sec. 1317. Assistance for the Middle East.

Sec. 1318. Military drawdown for Israel.

TITLE XIV—PROVISIONS RELATING TO ARMS TRANSFERS

Sec. 1401. Competitive pricing for sales of defense articles and services.

Sec. 1402. Increase in aggregate ceiling on transfers of excess defense articles.

Sec. 1403. Eligibility of East European countries to receive nonlethal excess defense articles.

Sec. 1404. Exception to payment of full cost for sales of defense training services

to certain countries and international organizations.

Sec. 1405. Eligibility of major non-NATO allies to receive certain contract services in connection with sales of defense articles and services.

Sec. 1406. Additions to war reserve stockpiles for allies.

Sec. 1407. Arab boycott.

TITLE XV—OTHER FOREIGN ASSISTANCE PROVISIONS

Sec. 1501. Interest accruing to nongovernmental organizations.
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Sec. 1502. Private Sector Revolving Fund.

Sec. 1503. Development assistance through nongovernmental organizations.

Sec. 1504. Impact of foreign assistance programs on jobs in the United States.

Sec. 1505. Capital projects.

Sec. 1506. Microenterprise development.

Sec. 1507. Report on AID’s implementation of Agenda 21 principles.

Sec. 1508. Authority to provide reconstruction assistance under international disaster assistance.

Sec. 1509. Deobligation of certain unexpended economic assistance funds.

TITLE XVI—BOSNIA-HERCEGOVINA

Sec. 1601. Short title.

Sec. 1602. Findings.

Sec. 1603. United States arms embargo of the Government of BosniaHercegovina.

Sec. 1604. United States military assistance for Bosnia-Hercegovina.

1 DIVISION A—STATE DEPART2 MENT, USIA, AND RELATED

3 AGENCIES

4 TITLE I—DEPARTMENT OF STATE AND

5 RELATED AGENCIES

6 PART A—AUTHORIZATION OF APPROPRIATIONS

7 SEC. 101. ADMINISTRATION OF FOREIGN AFFAIRS.

8 (a) IN GENERAL.—The following amounts are author9 ized to be appropriated for the Department of State under

10 ‘‘Administration of Foreign Affairs’’ to carry out the au11 thorities, functions, duties, and responsibilities in the con12 duct of the foreign affairs of the United States and for other

13 purposes authorized by law, including the diplomatic secu14 rity program:

15 (1) DIPLOMATIC AND CONSULAR PROGRAMS.—

16 For ‘‘Diplomatic and Consular Programs’’, of the De-
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1 partment of State $1,687,797,000 for the fiscal year

2 1994 and $1,733,368,000 for the fiscal year 1995.

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

4 and Expenses’’, of the Department of State

5 $464,203,000 for the fiscal year 1994 and

6 $476,520,000 for the fiscal year 1995.

7 (3) ACQUISITION AND MAINTENANCE OF BUILD8 INGS ABROAD.—For ‘‘Acquisition and Maintenance of

9 Buildings Abroad’’, $406,481,000 for the fiscal year

10 1994 and $417,523,000 for the fiscal year 1995.

11 (4) BUYING POWER MAINTENANCE FUND.—For

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

13 the fiscal year 1994 and $4,104,000 for the fiscal year

14 1995.

15 (5) REPRESENTATION ALLOWANCES.—For ‘‘Rep16 resentation Allowances’’, $4,881,000 for the fiscal year

17 1994 and $5,012,000 for the fiscal year 1995.

18 (6) EMERGENCIES IN THE DIPLOMATIC AND CON19 SULAR SERVICE.—For ‘‘Emergencies in the Diplo20 matic and Consular Service, $8,000,000 for the fiscal

21 1994 and $8,216,000 for the fiscal year 1995.

22 (7) OFFICE OF THE INSPECTOR GENERAL.—For

23 ‘‘Office of the Inspector General’’, $24,055,000 for the

24 fiscal year 1994 and $24,704,000 for the fiscal year

25 1995.
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1 (8) PAYMENT TO THE AMERICAN INSTITUTE IN

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

3 Taiwan’’, $15,484,000 for the fiscal year 1994 and

4 $15,902,000 for the fiscal year 1995.

5 (9) PROTECTION OF FOREIGN MISSIONS AND OF6 FICIALS.—For ‘‘Protection of Foreign Missions and

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

8 $11,095,000 for the fiscal year 1995.

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

10 Loans’’, $817,000 for the fiscal year 1994 and

11 $838,000 for the fiscal year 1995, for administrative

12 expenses.

13 (b) LIMITATIONS.—

14 (1) Of the amounts authorized to be appro15 priated for ‘‘Salaries and Expenses’’ under subsection

16 (a)(2) $500,000 is authorized to be available for the

17 fiscal year 1994 and $500,000 for the fiscal year 1995

18 for the Department of State for the recruitment of

19 Hispanic American students from United States in20 stitutions of higher education with a high percentage

21 enrollment of Hispanic Americans and for the train22 ing of Hispanic Americans for careers in the Foreign

23 Service and in international affairs.

24 (2)(A) Of the amounts authorized to be appro25 priated for ‘‘Diplomatic and Consular Programs’’
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1 under subsection (a)(1), $10,000,000 is authorized to

2 be available for each of the fiscal years 1994 and 1995

3 for grants, contracts, and other activities to conduct

4 research and promote international cooperation on

5 environmental and other scientific issues.

6 (B) Of the amounts authorized to be appro7 priated for ‘‘Diplomatic and Consular Programs’’

8 under subsection (a)(1), $1,000,000 is authorized to

9 be available only for the establishment of a United

10 States consulate in Cluj, Romania.

11 (3) Of the amounts authorized to be appro12 priated for ‘‘Diplomatic and Consular Programs’’

13 under subsection (a)(1), $11,500,000 is authorized to

14 be available for fiscal year 1994 and $11,900,000 is

15 authorized to be available for fiscal year 1995, only

16 for administrative expenses associated with the con17 duct of refugee programs by the Bureau for Refugee

18 Programs, or any successor bureau.

19 SEC. 102. AGENCY FOR INTERNATIONAL DEVELOPMENT OP20 ERATING EXPENSES.

21 (a) AUTHORIZATION OF APPROPRIATIONS.—

22 (1) There are authorized to be appropriated to

23 the President, in addition to funds otherwise available

24 for such purposes—
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1 (A) $512,000,000 for the fiscal year 1994

2 and $526,902,000 for the fiscal year 1995 for

3 necessary operating expenses of the agency pri4 marily responsible for administering part I of

5 Public Law 87–195; and

6 (B) such amounts as may be necessary for

7 fiscal year 1994 and fiscal year 1995 for in8 creases in salary, pay, retirement, and other em9 ployee benefits authorized by law, and for other

10 nondiscretionary costs of the agency primarily

11 responsible for administering part I of Public

12 Law 87–195.

13 (2) Effective October 1, 1993, section 667 of Pub14 lic Law 87–195 (22 U.S.C. 2427) is repealed.

15 (b) OPERATING EXPENSES, OFFICE OF THE INSPEC16 TOR GENERAL.—There are authorized to be appropriated

17 to the President, in addition to funds otherwise available

18 for such purposes—

19 (1) $39,916,000 for fiscal year 1994 and

20 $39,916,000 for fiscal year 1995 for necessary operat21 ing expenses of the Office of the Inspector General of

22 the agency primarily responsible for administering

23 part I of Public Law 87–195; and

24 (2) such amounts as may be necessary for in25 creases in salary, pay, retirement, and other employee
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1 benefits authorized by law, and for other non2 discretionary costs of such office.

3 (c) AVAILABILITY OF FUNDS.—Amounts appropriated

4 under this section are authorized to remain available until

5 expended.

6 (d) TRANSFER OF FUNDS.—The authorities and limi7 tations of section 109 of Public Law 87–195 apply to funds

8 authorized to be appropriated under this section.

9 SEC. 103. INTERNATIONAL ORGANIZATIONS, PROGRAMS,

10 AND CONFERENCES.

11 (a) ASSESSED CONTRIBUTIONS TO INTERNATIONAL

12 ORGANIZATIONS.—

13 (1) There are authorized to be appropriated for

14 ‘‘Contributions to International Organizations’’,

15 $940,885,000 for the fiscal year 1994 and

16 $935,053,000 for the fiscal year 1995 for the Depart17 ment of State to carry out the authorities, functions,

18 duties, and responsibilities in the conduct of the for19 eign affairs of the United States with respect to inter20 national organizations and to carry out other au21 thorities in law consistent with such purposes.

22 (2)(A) Of the amounts authorized to be appro23 priated under paragraph (1) for fiscal year 1994, not

24 more than $880,885,000 may be obligated or expended

25 in that fiscal year.
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1 (B) Of the authorizations of appropriations

2 under paragraph (1) for fiscal year 1994, $60,000,000

3 shall remain available until the appropriations are

4 made.

5 (b) ASSESSED CONTRIBUTIONS FOR INTERNATIONAL

6 PEACEKEEPING ACTIVITIES.—There are authorized to be

7 appropriated for ‘‘Contributions for International Peace8 keeping Activities’’, $619,736,000 for the fiscal year 1994

9 and $636,469,000 for the fiscal year 1995 for the Depart10 ment of State to carry out the authorities, functions, duties,

11 and responsibilities in the conduct of the foreign affairs of

12 the United States with respect to international peacekeep13 ing activities and to carry out other authorities in law con14 sistent with such purposes.

15 (c) PEACEKEEPING OPERATIONS.—There are author16 ized to be appropriated for ‘‘Peacekeeping Operations’’,

17 $77,166,000 for the fiscal year 1994 and $77,166,000 for

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

19 out section 551 of Public Law 87–195.

20 (d) INTERNATIONAL CONFERENCES AND CONTIN21 GENCIES.—There are authorized to be appropriated for

22 ‘‘International Conferences and Contingencies’’, $6,600,000

23 for the fiscal year 1994 and $6,743,000 for the fiscal year

24 1995 for the Department of State to carry out the authori25 ties, functions, duties, and responsibilities in the conduct
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1 of the foreign affairs of the United States with respect to

2 international conferences and contingencies and to carry

3 out other authorities in law consistent with such purposes.

4 (e) INTERNATIONAL ORGANIZATIONS AND PRO5 GRAMS.—

6 (1) IN GENERAL.—There are authorized to be ap7 propriated for the Department of State for ‘‘Inter8 national Organizations and Programs’’, $390,000,000

9 for the fiscal year 1994 and $390,000,000 for the fis10 cal year 1995.

11 (2) UNITED NATIONS POPULATION FUND.—

12 (A) Subject to subparagraphs (B) and (C),

13 of the funds authorized to be appropriated for

14 ‘‘International Organizations and Programs’’

15 under paragraph (1), $50,000,000 is authorized

16 to be made available for each of the fiscal years

17 1994 and 1995 for the United Nations Popu18 lation Fund.

19 (B) The availability of funds under sub20 paragraph (A) shall be subject to the following

21 limitations:

22 (i) None of the funds made available

23 under subparagraph (A) may be made

24 available for programs in the People’s Re25 public of China.
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1 (ii) The prohibitions contained in sec2 tion 104(f) of the Foreign Assistance Act of

3 1961 (relating to prohibitions on funding

4 for abortion as a method of family plan5 ning, coercive abortion, and involuntary

6 sterilization) shall apply to the funds made

7 available for the United Nations Population

8 Fund.

9 (iii) The United Nations Population

10 Fund shall be required to maintain the

11 funds made available under subparagraph

12 (A) in a separate account and not commin13 gle such funds with any other funds.

14 (C) Of the funds authorized to be available

15 under subparagraph (A), for fiscal year 1994,

16 $13,784,500 is authorized to be available only if

17 the President certifies to the Congress that the

18 United Nations Population Fund has terminated

19 all activities in the People’s Republic of China.

20 (3) UNITED NATIONS DEVELOPMENT PROGRAM.—

21 (A) Subject to subparagraphs (B) and (C),

22 of the funds authorized to be appropriated under

23 paragraph (1) $126,929,000 is authorized to be

24 available for each of the fiscal years 1994 and
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1 1995 for the United Nations Development Pro2 gram.

3 (B) None of the funds made available under

4 subparagraph (A) shall be available for pro5 grams and activities in or for Myanmar

6 (Burma).

7 (C) Of the funds authorized to be available

8 under subparagraph (A), $32,000,000 for each of

9 the fiscal years 1994 and 1995 may be available

10 only if the President certifies to the Congress

11 that the United Nations Development Program

12 has terminated all programs and activities in or

13 for Myanmar (Burma).

14 (4) UNITED NATIONS ENVIRONMENT PROGRAM.—

15 Of the amounts authorized to be appropriated for

16 ‘‘International Organizations and Programs’’ under

17 paragraph (1), $25,000,000 for each of the fiscal

18 years 1994 and 1995 is authorized to be available for

19 the United Nations Environment Program.

20 (5) UNITED NATIONS VOLUNTARY FUND FOR THE

21 VICTIMS OF TORTURE.—Of the amounts authorized to

22 be appropriated for ‘‘International Organizations and

23 Programs’’ under paragraph (1), $1,500,000 for each

24 of the fiscal years 1994 and 1995 is authorized to be
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1 available for the United Nations Voluntary Fund for

2 the Victims of Torture.

3 (f) FOREIGN CURRENCY EXCHANGE RATES.—In addi4 tion to amounts otherwise authorized to be appropriated by

5 subsections (a) and (b) of this section, there are authorized

6 to be appropriated such sums as may be necessary for each

7 of the fiscal years 1994 and 1995 to offset adverse fluctua8 tions in foreign currency exchange rates. Amounts appro9 priated under this subsection shall be available for obliga10 tion and expenditure only to the extent that the Director

11 of the Office of Management and Budget determines and

12 certifies to Congress that such amounts are necessary due

13 to such fluctuations.

14 SEC. 104. INTERNATIONAL COMMISSIONS.

15 The following amounts are authorized to be appro16 priated under ‘‘International Commissions’’ for the Depart17 ment of State to carry out the authorities, functions, duties,

18 and responsibilities in the conduct of the foreign affairs of

19 the United States and for other purposes authorized by law:

20 (1) INTERNATIONAL BOUNDARY AND WATER COM21 MISSION, UNITED STATES AND MEXICO.—For ‘‘Inter22 national Boundary and Water Commission, United

23 States and Mexico’’—
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1 (A) for ‘‘Salaries and Expenses’’

2 $11,330,000 for the fiscal year 1994 and

3 $11,767,000 for the fiscal year 1995; and

4 (B) for ‘‘Construction’’ $14,780,000 for the

5 fiscal year 1994 and $15,198,000 for the fiscal

6 year 1995.

7 (2) INTERNATIONAL BOUNDARY COMMISSION,

8 UNITED STATES AND CANADA.—For ‘‘International

9 Boundary Commission, United States and Canada’’,

10 $760,000 for the fiscal year 1994 and $784,000 for

11 the fiscal year 1995.

12 (3) INTERNATIONAL JOINT COMMISSION.—For

13 ‘‘International Joint Commission’’, $3,643,000 for the

14 fiscal year 1994 and $3,759,000 for the fiscal year

15 1995.

16 (4) INTERNATIONAL FISHERIES COMMISSIONS.—

17 For ‘‘International Fisheries Commissions’’,

18 $14,200,000 for the fiscal year 1994 and $14,569,000

19 for the fiscal year 1995.

20 SEC. 105. MIGRATION AND REFUGEE ASSISTANCE.

21 (a) AUTHORIZATION OF APPROPRIATIONS.—

22 (1) There are authorized to be appropriated for

23 ‘‘Migration and Refugee Assistance’’ for authorized

24 activities, $593,500,000 for the fiscal year 1994 and

25 $593,500,000 for the fiscal year 1995.
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1 (2) There are authorized to be appropriated

2 $80,000,000 for the fiscal year 1994 and $80,000,000

3 for the fiscal year 1995 for assistance for refugees re4 settling in Israel.

5 (b) AVAILABILITY OF FUNDS.—Funds appropriated

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

7 until expended.

8 SEC. 106. OTHER PROGRAMS.

9 The following amounts are authorized to be appro10 priated for the Department of State to carry out the au11 thorities, functions, duties, and responsibilities in the con12 duct of the foreign affairs of the United States and for other

13 purposes authorized by law:

14 (1) UNITED STATES BILATERAL SCIENCE AND

15 TECHNOLOGY AGREEMENTS.—For ‘‘United States Bi16 lateral Science and Technology Agreements’’,

17 $4,500,000 for the fiscal year 1994 and $4,617,000 for

18 the fiscal year 1995.

19 (2) ASIA FOUNDATION.—For ‘‘Asia Foundation’’,

20 $18,693,000 for the fiscal year 1994 and $19,127,000

21 for the fiscal year 1995.
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1 SEC. 107. UNITED STATES ARMS CONTROL AND DISAR2 MAMENT AGENCY.

3 (a) AUTHORIZATION OF APPROPRIATIONS.—There are

4 authorized to be appropriated to carry out the purposes of

5 the Arms Control and Disarmament Act—

6 (1) $62,500,000 for the fiscal year 1994 and

7 $55,356,000 for the fiscal year 1995; and

8 (2) such sums as may be necessary for each of

9 the fiscal years 1994 and 1995 for increases in salary,

10 pay, retirement, other employee benefits authorized by

11 law, and other nondiscretionary costs, and to offset

12 adverse fluctuations in foreign currency exchange

13 rates.

14 (b) TECHNICAL AND CONFORMING AMENDMENTS.—

15 Section 49 of the Arms Control and Disarmament Act (22

16 U.S.C. 2589) is amended—

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

18 (2) in the first sentence of subsection (b) by strik19 ing ‘‘pursuant to this section’’ and inserting ‘‘to

20 carry out this Act’’.

21 PART B—AUTHORITIES AND ACTIVITIES

22 SEC. 111. AUTHORIZED STRENGTH OF THE FOREIGN SERV23 ICE.

24 (a) END FISCAL YEAR 1994 LEVELS.—Subject to sub25 section (c), the employment and service of Members of the
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1 Foreign Service shall be subject to the following limitations

2 as of September 30, 1994:

3 (1) Department of State, not to exceed 9,200, of

4 whom not more than 825 shall be members of the Sen5 ior Foreign Service.

6 (2) United States Information Agency, not to ex7 ceed 1,200, of whom not more than 175 shall be mem8 bers of the Senior Foreign Service.

9 (3) Agency for International Development, not to

10 exceed 1,850, of whom not more than 250 shall be

11 members of the Senior Foreign Service.

12 (b) END FISCAL YEAR 1995 LEVELS.—Subject to sub13 section (c), the employment and service of Members of the

14 Foreign Service shall be subject to the following limitations

15 as of September 30, 1995:

16 (1) Department of State, not to exceed 9,200, of

17 whom not more than 775 shall be members of the Sen18 ior Foreign Service.

19 (2) United States Information Agency, not to ex20 ceed 1,200, of whom not more than 165 shall be mem21 bers of the Senior Foreign Service.

22 (3) Agency for International Development, not to

23 exceed 1,850, of whom not more than 240 shall be

24 members of the Senior Foreign Service.
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1 (c) DEFINITION.—For the purposes of this section, the

2 term ‘‘members of the Foreign Service’’ has the meaning

3 of such term under section 103 of the Foreign Service Act

4 of 1980 (22 U.S.C 3903), except that such term shall not

5 include—

6 (1) members of the Service under paragraphs (6)

7 and (7) of such section;

8 (2) members of the Service serving under tem9 porary resident appointments abroad;

10 (3) members of the Service employed on less than

11 a full-time basis;

12 (4) members of the Service subject to involuntary

13 separation in cases in which such separation has been

14 suspended pursuant to section 1106(8) of the Foreign

15 Service Act of 1980; and

16 (5) members of the Service serving under limited

17 appointments pursuant to section 305(b) of the For18 eign Service Act of 1980.

19 (d) WAIVER AUTHORITY.—

20 (1)(A) Subject to subparagraph (B), the Sec21 retary of State, the Director of the United States In22 formation Agency, and the Director of the Agency for

23 International Development may waive any limitation

24 under subsection (a) or (b) which applies to the De25 partment of State, the United States Information
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1 Agency, or the Agency for International Development,

2 respectively, to the extent that such waiver is nec3 essary to carry on the foreign affairs functions of the

4 United States.

5 (B) Not less than 15 days before any agency

6 head implements a waiver under subparagraph (A),

7 such agency head shall notify the Committee on For8 eign Affairs of the House of Representatives and the

9 Committee on Foreign Relations of the Senate. Such

10 notice shall include an explanation of the cir11 cumstances and necessity for such waiver.

12 SEC. 112. TRANSFERS AND REPROGRAMMINGS.

13 (a) AMENDMENTS TO SECTION 24 OF THE STATE DE14 PARTMENT BASIC AUTHORITIES ACT OF 1956.—Section 24

15 of the State Department Basic Authorities Act of 1956 (22

16 U.S.C. 2696) is amended—

17 (1) in subsection (b)(7) by striking subparagraph

18 (E);

19 (2) in subsection (d)(1)—

20 (A) by striking ‘‘the second’’ and inserting

21 ‘‘either’’; and

22 (B) by striking ‘‘such second’’ and inserting

23 ‘‘such’’;

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

25 sentence to read as follows: ‘‘Amounts appropriated
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1 for the ‘Diplomatic and Consular Programs’ account

2 may not exceed by more than 5 percent the amount

3 specifically authorized to be appropriated for such ac4 count for a fiscal year.’’; and

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

6 (b) DIPLOMATIC CONSTRUCTION PROGRAM.—Section

7 401 of the Omnibus Diplomatic Security and Antiterrorism

8 Act of 1986 (22 U.S.C. 4851) is amended by striking sub9 sections (c) and (h)(3).

10 (c) REPROGRAMMING.—Section 34 of the State Depart11 ment Basic Authorities Act of 1956 (22 U.S.C. 2706) is

12 amended in subsection (a)(7) by striking ‘‘$500,000’’ and

13 inserting ‘‘$1,000,000’’.

14 SEC. 113. EXPENSES RELATING TO CERTAIN INTER15 NATIONAL CLAIMS AND PROCEEDINGS.

16 Section 38 of the State Department Basic Authorities

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

18 end the following new subsections:

19 ‘‘(c) PROCUREMENT OF SERVICES.—The Secretary of

20 State may use competitive procedures or procedures other

21 than competitive procedures to procure the services of ex22 perts for use in preparing or prosecuting a proceeding be23 fore an international tribunal or a claim by or against a

24 foreign government or other foreign entity, whether or not

25 the expert is expected to testify, or to procure other support
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1 services for such proceedings or claims. The Secretary need

2 not provide any written justification for the use of proce3 dures other than competitive procedures when procuring

4 such services under this chapter and need not furnish for

5 publication in the Commerce Business Daily or otherwise

6 any notice of solicitation or synopsis with respect to such

7 procurement.

8 ‘‘(d) INTERNATIONAL LITIGATION FUND.—

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

10 Department of State with a dependable, flexible, and

11 adequate source of funding for the expenses of the De12 partment related to preparing or prosecuting a pro13 ceeding before an international tribunal, or a claim

14 by or against a foreign government or other foreign

15 entity, there is established an International Litiga16 tion Fund (hereafter in this subsection referred to as

17 the ‘‘ILF’’). The ILF shall be available without fiscal

18 year limitation. Funds otherwise available to the De19 partment for the purposes of this paragraph may be

20 credited to the ILF.

21 ‘‘(2) REPROGRAMMING PROCEDURES.—Funds

22 credited to the ILF shall be treated as a

23 reprogramming of funds under section 34 and shall

24 not be available for obligation or expenditure except

25 in compliance with the procedures applicable to such
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1 reprogrammings. This paragraph shall not apply to

2 the transfer of funds under paragraph (3).

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

4 the Department of State from another agency of the

5 United States Government or pursuant to the Depart6 ment of State Appropriations Act of 1937 (49 Stat.

7 1321, 22 U.S.C. 2661) to meet costs of preparing or

8 prosecuting a proceeding before an international tri9 bunal, or a claim by or against a foreign government

10 or other foreign entity, shall be credited to the ILF.

11 ‘‘(4) USE OF FUNDS.—Funds deposited in the

12 ILF shall be available only for the purposes of para13 graph (1).’’.

14 SEC. 114. CHILD CARE FACILITIES AT CERTAIN POSTS

15 ABROAD.

16 Section 31 of the State Department Basic Authorities

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

18 by striking ‘‘For the fiscal years 1992 and 1993, the’’ and

19 inserting ‘‘The’’.

20 SEC. 115. NOTIFICATION TO CONGRESS OF PROPOSED

21 REPROGRAMMINGS OF AID OPERATING EX22 PENSES.

23 (a) AMENDMENT TO THE FOREIGN ASSISTANCE ACT

24 OF 1961.—Section 634A of the Foreign Assistance Act of
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1 1961 (22 U.S.C. 2394) is amended by adding at the end

2 the following:

3 ‘‘(d) AID OPERATING EXPENSES.—

4 ‘‘(1) CONGRESSIONAL NOTIFICATION OF CERTAIN

5 REPROGRAMMINGS.—Unless the Committee on For6 eign Affairs of the House of Representatives and the

7 Committee on Foreign Relations of the Senate are no8 tified at least 15 days in advance of the proposed

9 reprogramming, funds appropriated for the operating

10 expenses of the agency primarily responsible for ad11 ministering part I (including funds appropriated for

12 the operating expenses of the Office of the Inspector

13 General of that agency) shall not be available for obli14 gation or expenditure through any reprogramming of

15 funds that—

16 ‘‘(A) would create or eliminate a program,

17 project, or activity;

18 ‘‘(B) would increase funds or personnel by

19 any means for any program, project, or activity

20 for which funds have been denied or restricted by

21 the Congress;

22 ‘‘(C) would reorganize offices, programs,

23 projects, or activities among bureaus;
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1 ‘‘(D) would involve a reprogramming in ex2 cess of $1,000,000 or 10 percent (whichever is

3 greater) and would—

4 ‘‘(i) augment existing programs,

5 projects, or activities,

6 ‘‘(ii) reduce by 10 percent or more the

7 funding for any existing program, project,

8 activity, or personnel approved by the Con9 gress, or

10 ‘‘(iii) result from any general savings

11 from a reduction in personnel that would

12 result in a change in existing programs, ac13 tivities, or projects approved by the Con14 gress.

15 ‘‘(2) LIMITATION ON END-OF-YEAR REPROGRAM16 MINGS.—Funds appropriated for the operating ex17 penses of the agency primarily responsible for admin18 istering part I (including funds appropriated for the

19 operating expenses of the Office of the Inspector Gen20 eral of that agency) shall not be available for obliga21 tion or expenditure through any reprogramming de22 scribed in paragraph (1) during the last 15 days in

23 which such funds are available for obligation or ex24 penditure (as the case may be) unless the notification
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1 required by that paragraph was submitted before that

2 15-day period.’’.

3 (b) EFFECTIVE DATE.—The amendment made by sub4 section (a) shall take effect October 1, 1994.

5 SEC. 116. PROHIBITION ON DISCRIMINATORY CONTRACTS.

6 (a) PROHIBITION.—

7 (1) Except for real estate leases and as provided

8 in subsection (b), the Department of State may not

9 enter into any contract that expends funds appro10 priated to the Department of State for an amount in

11 excess of the small purchase threshold (as defined in

12 section 4(11) of the Office of Federal Procurement

13 Policy Act (41 U.S.C. 403(11))—

14 (A) with a foreign person that complies

15 with the Arab League boycott of Israel, or

16 (B) with any foreign or United States per17 son that discriminates in the award of sub18 contracts on the basis of religion.

19 (2) For purposes of this section—

20 (A) a foreign person complies with the boy21 cott of Israel by Arab League countries when

22 that foreign person takes or knowingly agrees to

23 take any action, with respect to the boycott of Is24 rael by Arab League countries, which section

25 8(a) of the Export Administration Act of 1979
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1 prohibits a United States person from taking, ex2 cept that for purposes of this paragraph, the

3 term ‘‘United States person’’ as used in subpara4 graphs (B) and (C) of section 8(a)(1) of such Act

5 shall be deemed to mean ‘‘person’’; and

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

7 person other than a United States person as de8 fined in section 16(2) of the Export Administra9 tion Act of 1979.

10 (3) For purposes of paragraph (1), a foreign per11 son shall be deemed not to comply with the boycott of

12 Israel by Arab League countries if that person, or the

13 Secretary of State or his designee on the basis of

14 available information, certifies that the person vio15 lates or otherwise does not comply with the boycott of

16 Israel by Arab League countries by taking any ac17 tions prohibited by section 8(a) of the Export Admin18 istration Act of 1979. Certification by the Secretary

19 of State or his designee may occur only 30 days after

20 notice has been given to the Congress that this certifi21 cation procedure will be utilized at a specific overseas

22 mission.

23 (b) WAIVER BY SECRETARY OF STATE.—The Secretary

24 of State may waive the requirements of this section on a

25 country-by-country basis for a period not to exceed one year
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1 upon certification to the Congress by the Secretary that

2 such waiver is in the national interest and is necessary to

3 carry on diplomatic functions on the United States. Each

4 such certification shall include a detailed justification for

5 the waiver with respect to each such country.

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

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

8 Secretary of State shall ensure that any response to a solici9 tation for a bid or a request for a proposal, with respect

10 to a contract covered by subsection (a), includes the follow11 ing clause, in substantially the following form:

12 ‘‘ARAB BOYCOTT OF ISRAEL

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

14 ‘‘(1) the term ‘foreign person’ means any person

15 other than a United States person as defined in para16 graph (2); and

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

18 United States resident or national (other than an in19 dividual resident outside the United States and em20 ployed by other than a United States person), any do21 mestic concern (including any permanent domestic

22 establishment of any foreign concern), and any for23 eign subsidiary or affiliate (including any permanent

24 foreign establishment) of any domestic concern which

25 is controlled in fact by such domestic concern, as de26 termined under regulations of the President.
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1 ‘‘(b) CERTIFICATION.—By submitting this offer, the

2 Offeror certifies that it is not—

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

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

5 countries, which section 8(a) of the Export Adminis6 tration Act of 1979 (50 U.S.C. App. 2407(a)) pro7 hibits a United States person from taking; or

8 ‘‘(2) discriminating in the award of subcontracts

9 on the basis of religion.’’.

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

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

12 deemed not to comply with the Arab League boycott of Is13 rael by the Secretary of State or a designee on the basis

14 of available information. Certification by the Secretary of

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

16 has been given to the Congress that this certification proce17 dure will be utilized at a specific overseas mission.

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

19 Department contract solicitations include a detailed expla20 nation of the requirements of section 8(a) of the Export Ad21 ministration Act of 1979 (50 U.S.C. App. 2407(a)).

22 (d) REVIEW OF TERMINATION.—(1) The Department

23 of State shall conduct reviews of the certifications submitted

24 pursuant to this section for the purpose of assessing the ac25 curacy of the certifications.
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1 (2) Upon complaint of any foreign or United States

2 person of a violation of the certification as required by this

3 section, filed with the Secretary of State, the Department

4 of State shall investigate such complaint, and if such com5 plaint is found to be correct and a violation of the certifi6 cation has been found, all contracts with such violator shall

7 be terminated for default as soon as practicable, and, for

8 a period of two years thereafter, the State Department shall

9 not enter into any contracts with such a violator.

10 SEC. 117. EMERGENCIES IN THE DIPLOMATIC AND CON11 SULAR SERVICE.

12 Section 4 of the State Department Basic Authorities

13 Act of 1956 (22 U.S.C. 2671) is amended in subsection

14 (c)—

15 (1) by striking ‘‘and the Foreign Service’’; and

16 (2) by striking ‘‘an annual confidential’’ and in17 serting ‘‘a periodic’’.

18 SEC. 118. ROLE OF THE FOREIGN SERVICE INSTITUTE.

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

20 U.S.C. 4021) is amended by adding at the end the following

21 new subsection:

22 ‘‘(d)(1) The Secretary of State is authorized to provide

23 for the training and instruction of employees of foreign gov24 ernments at the Institute.
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1 ‘‘(2) Except as provided in paragraph (3), training

2 and instruction under paragraph (1) shall be on a reim3 bursable basis. Reimbursement to the Institute may be pro4 vided by an agency of the United States Government or by

5 a foreign person.

6 ‘‘(3) The authorities of section 704 shall apply to

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

8 SEC. 119. REPORTING REQUIREMENT ON AMERICAN PRIS9 ONERS ABROAD.

10 Section 108 of the Foreign Relations Authorization

11 Act, Fiscal Year 1978 (Public Law 95–105) is repealed.

12 SEC. 120. CONSULAR AUTHORITIES.

13 (a) PERSONS AUTHORIZED TO ISSUE PASSPORTS

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

15 and validity of passports, and for other purposes’’, ap16 proved July 3, 1926 (44 Stat. 887, 22 U.S.C. 211a) is

17 amended by striking ‘‘by diplomatic representatives of the

18 United States, and by such consul generals, consuls, or vice

19 consuls when in charge,’’ and inserting ‘‘by diplomatic and

20 consular officers of the United States, and by other employ21 ees of the Department of State who are citizens of the

22 United States,’’.

23 (b) NOTARIAL AUTHORITY.—The Act entitled ‘‘An Act

24 to provide for the reorganization of the consular service of

25 the United States’’, approved April 5, 1906 (34 Stat. 100,
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1 22 U.S.C. 4221) is amended in section 7 by adding at the

2 end ‘‘Pursuant to such regulations as the Secretary of State

3 may prescribe, the Secretary may designate any other em4 ployee of the Department of State who is a citizen of the

5 United States to perform any notarial function authorized

6 to be performed by a consular officer of the United States

7 under this Act.’’.

8 SEC. 121. REQUIREMENT FOR AUTHORIZATION OF APPRO9 PRIATIONS FOR AID.

10 Public Law 87–195 is amended by inserting after sec11 tion 667 the following new section:

12 ‘‘SEC. 668. REQUIREMENT FOR AUTHORIZATION OF APPRO13 PRIATIONS.

14 ‘‘(a) LIMITATION ON OBLIGATION AND EXPENDITURE

15 OF FUNDS.—Notwithstanding any other provision of law,

16 for the fiscal year 1994 and for each subsequent fiscal year,

17 any funds appropriated for the agency primarily respon18 sible for administering part I of this Act shall not be avail19 able for obligation or expenditure—

20 ‘‘(1) unless such funds are appropriated pursu21 ant to an authorization of appropriations; or

22 ‘‘(2) in excess of the authorized level of appro23 priations.

24 ‘‘(b) SUBSEQUENT AUTHORIZATION.—The limitation

25 under subsection (a) shall not apply to the extent that an
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1 authorization of appropriations is enacted after such funds

2 are appropriated.

3 ‘‘(c) APPLICATION.—The provisions of this section—

4 ‘‘(1) may not be superseded, except by a provi5 sion of law which specifically repeals, modifies, or su6 persedes the provisions of this section; and

7 ‘‘(2) shall not apply to, or affect in any manner,

8 permanent appropriations, trust funds, and other

9 similar accounts which are authorized by law and ad10 ministered by the agency primarily responsible for

11 administering part I of this Act.’’.

12 SEC. 122. REPORT ON CONSOLIDATION OF ADMINISTRA13 TIVE OPERATIONS.

14 Not later than 180 days after the date of the enactment

15 of this Act, the Secretary of State, jointly with the Director

16 of the United States Information Agency, the Director of

17 the Arms Control and Disarmament Agency, and the Ad18 ministrator of the Agency for International Development,

19 shall submit, to the Committee on Foreign Affairs of the

20 House of Representatives and the Committee on Foreign Re21 lations of the Senate, a report concerning the feasibility of

22 consolidating domestic administrative operations for the

23 Department of State, the Agency for International Develop24 ment, and the United States Information Agency. Such re-
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1 port shall include specific recommendations for implemen2 tation.

3 SEC. 123. LOCAL GUARD CONTRACTS ABROAD.

4 Section 136(c) of the Foreign Relations Authorization

5 Act, Fiscal Years 1990 and 1991 (Public Law 101–246) is

6 amended—

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

8 distance from the post’’;

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

10 paragraphs ‘‘(4)’’ and ‘‘(5)’’, respectively; and

11 (3) by inserting after paragraph (1) the fol12 lowing:

13 ‘‘(2) absent compelling reasons, award such con14 tracts through competitive bidding;

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

16 such contracts, award not less than 60 percent of the

17 total points on the basis of technical capacity;’’.

18 SEC. 124. VISAS.

19 (a) SURCHARGE FOR PROCESSING CERTAIN VISAS.—

20 (1) Notwithstanding any other provision of law,

21 the Secretary of State is authorized to charge a fee or

22 surcharge for processing machine readable non23 immigrant visas and machine readable combined bor24 der crossing identification cards and nonimmigrant

25 visas.
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1 (2) Fees collected under the authority of sub2 section (a) shall be deposited as an offsetting collec3 tion to any Department of State appropriation to re4 cover the costs of providing consular services, which

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

6 criminal history records of the Federal Bureau of In7 vestigation for processing visa applications and mak8 ing immigration eligibility determinations. Such fees

9 shall remain available for obligation until expended.

10 (3) For fiscal years 1994 and 1995, fees collected

11 under the authority of paragraph (1) may not exceed

12 a total of $56,000,000.

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

14 than 18 months after the date of the enactment of this Act,

15 the Secretary of State shall implement an upgrade of all

16 overseas visa lookout operations to computerized systems

17 with automated multiple-name search capabilities.

18 (c) PROCESSING OF VISAS FOR ADMISSION TO THE

19 UNITED STATES.—

20 (1)(A) Beginning 18 months after the date of the

21 enactment of this Act, whenever a United States con22 sular officer issues a visa for admission to the United

23 States, that official shall certify, in writing, that a

24 check of the Automated Visa Lookout System, or any

25 other system or list which maintains information
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1 about the excludability of aliens under the Immigra2 tion and Nationality Act, has been made and that

3 there is no basis under such system for the exclusion

4 of such alien.

5 (B) If, at the time an alien applies for an immi6 grant or nonimmigrant visa, the alien’s name is in7 cluded in the Department of State’s visa lookout sys8 tem and the consular officer to whom the application

9 is made fails to follow the procedures in processing

10 the application required by the inclusion of the alien’s

11 name in such system, the consular officer’s failure

12 shall be made a matter of record and shall be consid13 ered as a serious negative factor in the officer’s an14 nual performance evaluation.

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

16 result of a failure described in paragraph (1)(B) is

17 admitted to the United States and there is thereafter

18 probable cause to believe that the alien was a partici19 pant in a terrorist act causing serious loss of life or

20 property in the United States, the Secretary of State

21 shall convene an Accountability Review Board under

22 the authority of title III of the Omnibus Diplomatic

23 Security and Antiterrorism Act of 1986.
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1 SEC. 125. CONSULAR AND DIPLOMATIC POSTS ABROAD.

2 Section 48 of the State Department Basic Authorities

3 Act of 1956 is amended—

4 (1) by striking subsection (c); and

5 (2) by redesignating subsections (d) and (e) as

6 subsections ‘‘(c)’’ and ‘‘(d)’’, respectively.

7 SEC. 126. ANNUAL COUNTRY REPORTS ON TERRORISM.

8 Section 140 of the Foreign Relations Authorization

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

10 amended in subsection (b)(2)—

11 (1) by striking ‘‘and’’ at the end of subpara12 graph (C);

13 (2) by striking the period at the end of subpara14 graph (D) and inserting ‘‘; and’’; and

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

16 ‘‘(E) efforts by the United States to elimi17 nate international financial support provided to

18 those groups directly or provided in support of

19 their activities.’’.

20 PART C—DEPARTMENT OF STATE ORGANIZATION

21 SEC. 131. ORGANIZING PRINCIPLES.

22 The Congress makes the following findings:

23 (1) The organization of the Department of State

24 should reflect, to the maximum extent possible, the

25 primary responsibility of the Secretary of State under
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1 the President for the conduct of the Nation’s foreign

2 relations.

3 (2) Unless compelling considerations so require,

4 statutory authorities should be vested in the Secretary

5 of State, rather than in officials subordinate to the

6 Secretary.

7 SEC. 132. ORGANIZATION OF THE DEPARTMENT OF STATE.

8 (a) ORGANIZATION.—Section 1 of the State Depart9 ment Basic Authorities Act of 1956 is amended to read as

10 follows:

11 ‘‘ORGANIZATION OF THE DEPARTMENT OF STATE

12 ‘‘SECTION 1. (a) SECRETARY OF STATE.—

13 ‘‘(1) The Department of State shall be adminis14 tered in accordance with this Act and other provi15 sions of law under the supervision and direction of

16 the Secretary of State (hereinafter referred to as the

17 ‘Secretary’).

18 ‘‘(2) The Secretary shall be appointed by the

19 President, by and with the advice and consent of the

20 Senate.

21 ‘‘(3)(A) Notwithstanding any other provision of

22 law and except as provided in subparagraph (B), the

23 Secretary shall have and exercise any authority vested

24 by law in any office or official of the Department of

25 State. The Secretary shall administer, coordinate,

26 and direct the Foreign Service of the United States
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1 and the personnel of the Department of State, except

2 where authority is inherent in or vested in the Presi3 dent.

4 ‘‘(B) The Secretary shall not have the authority

5 of the Inspector General or the Chief Financial Offi6 cer. The Secretary shall not have any authority given

7 expressly to diplomatic or consular officers.

8 ‘‘(4) The Secretary of State is authorized to pro9 mulgate such rules and regulations as may be nec10 essary to carry out the functions of the Secretary of

11 State and the Department of State. The Secretary

12 may delegate authority to perform any of the func13 tions of the Secretary or the Department to officers

14 and employees under the direction and supervision of

15 the Secretary. The Secretary may delegate the author16 ity to redelegate any such functions.

17 ‘‘(b) UNDER SECRETARIES.—There shall be in the De18 partment of State not more than 5 Under Secretaries of

19 State, who shall be appointed by the President, by and with

20 the advice and consent of the Senate, and who shall be com21 pensated at the rate provided for at level III of the Execu22 tive Schedule under section 5314 of title 5, United States

23 Code.

24 ‘‘(c) ASSISTANT SECRETARIES.—There shall be in the

25 Department of State not more than 21 Assistant Secretaries
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1 of State, each of whom shall be appointed by the President,

2 by and with the advice and consent of the Senate, and who

3 shall be compensated at the rate provided for at level IV

4 of the Executive Schedule under section 5315 of title 5.

5 ‘‘(d) DEPUTY ASSISTANT SECRETARIES.—There shall

6 be in the Department of State not more than 66 Deputy

7 Assistant Secretaries of State.

8 ‘‘(e) OTHER SENIOR OFFICIALS.—In addition to such

9 other officials of the Department of State who are author10 ized to be compensated at level IV of the Executive Schedule

11 under section 5215 of title 5, not more than 4 other officers

12 of the Department of State shall be appointed by the Presi13 dent, by and with the advice and consent of the Senate,

14 and shall be compensated at such level.’’.

15 (b) APPLICATION.—The amendments made by this sec16 tion and section 133 shall apply with respect to officials,

17 offices, and bureaus of the Department of State when Execu18 tive orders implementing such sections become effective.

19 (c) TRANSITION.—Any officer of the Department of

20 State holding office on the date of the enactment of this Act

21 shall not be required to be reappointed to any other office,

22 at the Department of State at the same level performing

23 similar functions, as determined by the President, by reason

24 of the enactment of the amendments made by this section

25 and section 133.
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1 (d) REFERENCES IN OTHER ACTS.—A reference in

2 any other provision of law to an official or office of the

3 Department of State affected by the amendment made by

4 subsection (a) shall be deemed to be a reference to the Sec5 retary of State or the Department of State, as may be ap6 propriate.

7 (e) Nothing in this part reassigns any function that

8 is on the date of enactment of this Act vested by law or

9 executive order in the Department of Commerce, the Federal

10 Communications Commission, or any officer thereof.

11 SEC. 133. TECHNICAL AND CONFORMING AMENDMENTS.

12 (a) ACT OF MAY 26, 1949.—The Act entitled ‘‘An Act

13 to strengthen and improve the organization and adminis14 tration of the Department of State, and for other purposes’’

15 (May 26, 1949; Public Law 81–73; 22 U.S.C. 2652 et seq.)

16 is repealed.

17 (b) FOREIGN RELATIONS AUTHORIZATION ACT, FIS18 CAL YEAR 1979.—Section 115 of the Foreign Relations Au19 thorization Act, Fiscal Year 1979 (22 U.S.C. 2652a) is

20 amended by striking subsection (a).

21 (c) PUBLIC LAW 93–126.—Section 9 of Public Law

22 93–126 (22 U.S.C. 2655a) is amended by striking sub23 section (a).

24 (d) FOREIGN RELATIONS AUTHORIZATION ACT, FIS25 CAL YEARS 1992 AND 1993.—Section 122 of the Foreign
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1 Relations Authorization Act, Fiscal Years 1992 and 1993

2 (22 U.S.C. 2652b) is amended by striking subsection (a).

3 (e) TITLE 5, UNITED STATES CODE.—

4 (1) Section 5314 of title 5, United States Code,

5 is amended by striking—

6 ‘‘Under Secretary of State for Political Affairs

7 and Under Secretary of State for Economic and Agri8 cultural Affairs and an Under Secretary of State for

9 Coordinating Security Assistance Programs and

10 Under Secretary of State for Management.

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

12 and inserting—

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

14 (2) Section 5315 of title 5, United States Code,

15 is amended by striking ‘‘Assistant Secretary for

16 Oceans and International Environmental and Sci17 entific Affairs, Department of State.’’, ‘‘Assistant Sec18 retary for International Narcotics Matters, Depart19 ment of State.’’, and ‘‘Assistant Secretary for South

20 Asian Affairs, Department of State.’’.

21 (f) FOREIGN ASSISTANCE ACT OF 1961.—The Foreign

22 Assistance Act of 1961 is amended—

23 (1) in section 116(c) (22 U.S.C. 2151n), by strik24 ing ‘‘Assistant Secretary for Human Rights and Hu-
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1 manitarian Affairs’’ and inserting ‘‘Secretary of

2 State’’;

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

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

5 U.S.C. 2314(g)(4)(A)) by striking ‘‘, prepared with

6 the assistance of the Assistant Secretary of State for

7 Human Rights and Humanitarian Affairs,’’ each

8 place it appears;

9 (3) in section 624(f) (22 U.S.C. 2384(f)(1)) by

10 striking paragraph (1);

11 (4) in section 624(f)(2)—

12 (A) by striking ‘‘(2) The Assistant Secretary

13 of State for Human Rights and Humanitarian

14 Affairs’’ and inserting ‘‘The Secretary of State’’;

15 and

16 (B) by redesignating subparagraphs (A)

17 through (D) as paragraphs (1) through (4), re18 spectively; and

19 (5) in section 624(f)(2)(C)—

20 (A) by striking ‘‘the Secretary of State

21 and’’; and

22 (B) by striking ‘‘Assistant’’.

23 (g) ARMS EXPORT CONTROL ACT.—Section 5(d)(1) of

24 the Arms Export Control Act is amended (22 U.S.C.

25 2755(d)(1)) by striking ‘‘Assistant Secretary of State for
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1 Human Rights and Humanitarian Affairs’’ and inserting

2 ‘‘Secretary of State’’.

3 (h) DIPLOMATIC SECURITY ACT.—The Omnibus Dip4 lomatic Security and Antiterrorism Act of 1986 is amend5 ed—

6 (1) in section 102(b) (22 U.S.C. 4801(b)) by—

7 (A) striking paragraph (2); and

8 (B) redesignating paragraphs (3) through

9 (6) as paragraphs (2) through (5), respectively;

10 (2) in subsection 103(a)—

11 (A) by inserting ‘‘(1)’’ before ‘‘The Sec12 retary of State’’;

13 (B) by redesignating paragraphs (1)

14 through (4) as subparagraphs (A) through (D),

15 respectively; and

16 (C) by inserting at the end the following

17 new paragraph:

18 ‘‘(2) Security responsibilities shall include the follow19 ing:

20 ‘‘(A) FORMER OFFICE OF SECURITY FUNC21 TIONS.—Functions and responsibilities exercised by

22 the Office of Security, Department of State, before No23 vember 1, 1985.

24 ‘‘(B) SECURITY AND PROTECTIVE OPERATIONS.—
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1 ‘‘(i) Establishment and operations of post

2 security and protective functions abroad.

3 ‘‘(ii) Development and implementation of

4 communications, computer, and information se5 curity.

6 ‘‘(iii) Emergency planning.

7 ‘‘(iv) Establishment and operations of local

8 guard services abroad.

9 ‘‘(v) Supervision of the United States Ma10 rine Corps security guard program.

11 ‘‘(vi) Liaison with American overseas pri12 vate sector security interests.

13 ‘‘(vii) Protection of foreign missions and

14 international organizations, foreign officials, and

15 diplomatic personnel in the United States, as

16 authorized by law.

17 ‘‘(viii) Protection of the Secretary of State

18 and other persons designated by the Secretary of

19 State, as authorized by law.

20 ‘‘(ix) Physical protection of Department of

21 State facilities, communications, and computer

22 information systems in the United States.

23 ‘‘(x) Conduct of investigations relating to

24 protection of foreign officials and diplomatic

25 personnel and foreign missions in the United
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1 States, suitability for employment, employee se2 curity, illegal passport and visa issuance or use,

3 and other investigations, as authorized by law.

4 ‘‘(xi) Carrying out the rewards program for

5 information concerning international terrorism

6 authorized by section 36(a) of the State Depart7 ment Basic Authorities Act of 1956.

8 ‘‘(xii) Performance of other security, inves9 tigative, and protective matters as authorized by

10 law.

11 ‘‘(C) COUNTERTERRORISM PLANNING AND CO12 ORDINATION.—Development and coordination of

13 counterterrorism planning, emergency action plan14 ning, threat analysis programs, and liaison with

15 other Federal agencies to carry out this paragraph.

16 ‘‘(D) SECURITY TECHNOLOGY.—Development

17 and implementation of technical and physical secu18 rity programs, including security-related construc19 tion, radio and personnel security communications,

20 armored vehicles, computer and communications secu21 rity, and research programs necessary to develop such

22 measures.

23 ‘‘(E) DIPLOMATIC COURIER SERVICE.—Manage24 ment of the diplomatic courier service.
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1 ‘‘(F) PERSONNEL TRAINING.—Development of fa2 cilities, methods, and materials to develop and up3 grade necessary skills in order to carry out this sec4 tion.

5 ‘‘(G) FOREIGN GOVERNMENT TRAINING.—Man6 agement and development of antiterrorism assistance

7 programs to assist foreign government security train8 ing which are administered by the Department of

9 State under chapter 8 of part II of the Foreign Assist10 ance Act of 1961 (22 U.S.C. 2349aa et seq.).’’;

11 (3) by striking section 104;

12 (4) by striking section 105;

13 (5) in section 107, by striking ‘‘The Chief of Pro14 tocol of the Department of State shall consult with the

15 Assistant Secretary of Diplomatic Security’’ and in16 serting ‘‘The Secretary of State shall take into ac17 count security considerations’’;

18 (6) in title II by amending the title heading to

19 read as follows: ‘‘TITLE II—PERSONNEL’’;

20 (7) by amending section 201 to read as follows:

21 ‘‘SEC. 201. DIPLOMATIC SECURITY SERVICE.

22 ‘‘The Secretary of State may establish a Diplomatic

23 Security Service, which shall perform such functions as the

24 Secretary may determine.’’;

25 (8) in section 202—
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1 (A) by striking ‘‘The’’ in the first sentence

2 and inserting ‘‘Any such’’;

3 (B) by striking ‘‘shall’’ each place it ap4 pears in the first, third, and fourth sentences

5 and inserting ‘‘should’’; and

6 (C) by striking the last sentence;

7 (9) in section 203—

8 (A) by amending the heading to read as fol9 lows:

10 ‘‘SEC. 203. SPECIAL AGENTS.’’;

11 (B) in the first sentence by striking ‘‘Posi12 tions in the Diplomatic Security Service’’ and

13 inserting ‘‘Special agent positions’’; and

14 (C) in the last sentence by striking ‘‘In the

15 case of positions designated for special agents,

16 the’’ and inserting ‘‘The’’; and

17 (10) in section 402(a)(2) by striking ‘‘Assistant

18 Secretary for Diplomatic Security’’ and inserting

19 ‘‘Secretary of State’’.

20 (i) IMMIGRATION AND NATIONALITY ACT.—The Immi21 gration and Nationality Act (8 U.S.C. 1101 et seq.) is

22 amended—

23 (1) in section 101(a)(1) (8 U.S.C. 1101(a)(1)) by

24 striking ‘‘Assistant Secretary of State for Consular

25 Affairs’’ and inserting ‘‘official designated by the Sec-
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1 retary of State pursuant to section 104(b) of this

2 Act’’;

3 (2) in section 104 (8 U.S.C. 1104)—

4 (A) in the heading by striking ‘‘; BUREAU

5 OF CONSULAR AFFAIRS’’;

6 (B) in subsection (a), by striking ‘‘the Bu7 reau of Consular Affairs’’ and inserting ‘‘the Ad8 ministrator’’;

9 (C) by amending subsection (b) to read as

10 follows:

11 ‘‘(b) The Secretary of State shall designate an Admin12 istrator who shall be a citizen of the United States, qualified

13 by experience. The Administrator shall maintain close liai14 son with the appropriate committees of Congress in order

15 that they may be advised regarding the administration of

16 this Act by consular officers. The Administrator shall be

17 charged with any and all responsibility and authority in

18 the administration of this Act which are conferred on the

19 Secretary of State as may be delegated to the Administrator

20 by the Secretary of State or which may be prescribed by

21 the Secretary of State, and shall perform such other duties

22 as the Secretary of State may prescribe.’’;

23 (D) in subsection (c), by striking ‘‘Bureau’’

24 and inserting ‘‘Department of State’’; and
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1 (E) in subsection (d), by striking all after

2 ‘‘respectively’’ before the period.

3 (3) in section 105 (8 U.S.C. 1105) by striking

4 ‘‘Assistant Secretary of State for Consular Affairs’’

5 and inserting ‘‘Administrator’’ each place it appears.

6 (j) DEPARTMENT OF STATE APPROPRIATIONS ACT,

7 1989.—Section 306 of the Department of State Appropria8 tions Act, 1989 (Public Law 100–459) is repealed.

9 (k) DEPARTMENT OF DEFENSE APPROPRIATIONS ACT,

10 FISCAL YEAR 1989.—Section 8125 of the Department of

11 Defense Appropriations Act, Fiscal Year 1989 (Public Law

12 100–463) is amended by striking subsection (c).

13 (l) STATE DEPARTMENT BASIC AUTHORITIES ACT OF

14 1956.—(1) Section 35 of the State Department Basic Au15 thorities Act of 1956 (22 U.S.C. 2707) is amended—

16 (A) in subsection (a) by striking ‘‘(hereafter’’

17 and all that follows before the period; and

18 (B) in subsection (b)—

19 (i) by striking ‘‘The’’ and all that follows

20 through ‘‘shall—’’ and inserting the following:

21 ‘‘The Secretary of State shall be responsible for formulation,

22 coordination, and oversight of international communica23 tions and information policy. The Secretary of State

24 shall—’’;
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1 (ii) by redesignating paragraphs (1)

2 through (7) as paragraphs (2) through (8), re3 spectively;

4 (iii) by inserting before paragraph (2) (as

5 so redesignated) a new paragraph (1) as follows:

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

7 of foreign policy with respect to telecommunications,

8 including the determination of United States posi9 tions and the conduct of United States participation

10 in bilateral and multilateral negotiations with foreign

11 governments and in international bodies;’’;

12 (iv) in paragraph (2), (I) by striking ‘‘with

13 the bureaus and offices of the Department of

14 State and’’, and (II) by inserting before the

15 semicolon ‘‘and with the Federal Communica16 tions Commission, as appropriate’’; and

17 (v) in paragraph (4), by striking ‘‘the Sen18 ior Interagency Group on International Commu19 nications and Information Policy’’ and inserting

20 ‘‘any senior interagency policy-making group on

21 international telecommunications and informa22 tion policy’’.

23 (2) Section 3 of the State Department Basic Authori24 ties Act of 1956 (22 U.S.C. 2670) is amended—
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1 (A) by striking ‘‘and’’ at the end of subsection

2 (k);

3 (B) by striking the period at the end of sub4 section (l) and inserting ‘‘; and’’; and

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

6 ‘‘(m) establish, maintain, and operate passport

7 and dispatch agencies.’’.

8 (3) Section 2 of the State Department Basic Authori9 ties Act of 1956 is amended by striking ‘‘(l) pay’’ and in10 serting ‘‘(m) pay’’.

11 (m) REFUGEE ACT OF 1980.—The Refugee Act of 1980

12 (Public Law 96–212) is amended—

13 (1) in the heading for title III, by striking

14 ‘‘UNITED STATES COORDINATOR FOR REFU15 GEE AFFAIRS AND’’;

16 (2) by striking the heading for part A;

17 (3) by repealing section 301; and

18 (4) by striking the heading for part B.

19 (n) IMMIGRATION AND NATIONALITY ACT.—

20 (1) Section 411(b) of the Immigration and Na21 tionality Act (8 U.S.C. 1521(b)) is amended by strik22 ing ‘‘and under the general policy guidance of the

23 United States Coordinator for Refugee Affairs (here24 inafter in this chapter referred to as the ‘Coordina25 tor’)’’ and inserting ‘‘the Secretary of State’’.
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1 (2) Section 412 of the Immigration and Nation2 ality Act (8 U.S.C. 1522) is amended—

3 (A) in subsection (a)(2)(A), by striking ‘‘,

4 together with the Coordinator,’’;

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

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

7 and

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

9 consultation with the United States Coordinator

10 for Refugee Affairs,’’.

11 (3) Section 413(a) of the Immigration and Na12 tionality Act (8 U.S.C. 1523) is amended by striking

13 ‘‘, in consultation with the Coordinator,’’.

14 (o) STATE DEPARTMENT BASIC AUTHORITIES ACT.—

15 Title II of the State Department Basic Authorities Act of

16 1956 (22 U.S.C. 4301 et seq.) is amended—

17 (1) in section 202(a) by striking paragraph (3)

18 and redesignating paragraphs (4) through (8) as

19 paragraphs (3) through (7);

20 (2) in section 203 by amending such section to

21 read as follows:

22 ‘‘AUTHORITIES OF THE SECRETARY OF STATE

23 ‘‘SEC. 203. The Secretary is authorized to—

24 ‘‘(1) assist agencies of Federal, State, and mu25 nicipal government with regard to ascertaining and
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1 according benefits, privileges, and immunities to

2 which a foreign mission may be entitled;

3 ‘‘(2) provide or assist in the provision of benefits

4 for or on behalf of a foreign mission in accordance

5 with section 204;

6 ‘‘(3) dispose of property acquired in carrying out

7 the purposes of this Act;

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

9 of State to carry out the purposes of this Act. In the

10 event such an office is established, the President may

11 appoint, by and with the advice and consent of the

12 Senate, a Director, with the rank of ambassador. Fur13 thermore, of the Director and the next most senior

14 person in the office, one should be an individual who

15 has served in the United States Foreign Service while

16 the other should be an individual who has served in

17 the United States intelligence community; and

18 ‘‘(5) perform such other functions as the Sec19 retary may determine necessary in furtherance of the

20 policy of this title.’’;

21 (3) in section 204—

22 (A) in subsections (a), (b), and (c), by strik23 ing ‘‘Director’’ each place it appears and insert24 ing ‘‘Secretary’’; and
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1 (B) in paragraph (d), by striking ‘‘the Di2 rector or any other’’ and inserting ‘‘any’’;

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

4 place it appears and inserting ‘‘Secretary’’;

5 (5) in section 205—

6 (A) in subsection (a), by striking ‘‘Director’’

7 and inserting ‘‘Secretary’’; and

8 (B) in subsection (c)(2) by striking ‘‘author9 ize the Director to’’; and

10 (6) in section 208—

11 (A) in subsection (d) by striking ‘‘Director’’

12 and inserting in its place ‘‘Secretary’’;

13 (B) in subsections (c), (e), and (f), by strik14 ing ‘‘Office of Foreign Missions’’ each place it

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

16 and

17 (C) in subsection (h)(2) by striking ‘‘Direc18 tor or the’’.

19 (p) OFFICE OF COUNSELOR; LEGAL ADVISOR.—

20 (1) The Act entitled ‘‘An Act to create the Office

21 of Counselor of the United States’’ (May 18, 1937;

22 Public Law 75–91; 22 U.S.C. 2655) is repealed.

23 (2) The Act entitled ‘‘An Act for the reorganiza24 tion and improvement of the Foreign Service of the

25 United States and for other purposes’’ (May 24, 1924;
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1 Public Law 68–135; 22 U.S.C. 2654) is amended by

2 striking section 30.

3 SEC. 134. DIRECTOR GENERAL OF THE FOREIGN SERVICE.

4 Section 208 of the Foreign Service Act of 1980 (22

5 U.S.C. 3928) is amended to read as follows:

6 ‘‘SEC. 208. DIRECTOR GENERAL OF THE FOREIGN SERVICE.

7 ‘‘The President may appoint, with the advice and con8 sent of the Senate, a Director General of the Foreign Serv9 ice, who shall be a career member of the Senior Foreign

10 Service. The Director General should assist the Secretary

11 of State in the management of the Service and perform such

12 functions as the Secretary of State may prescribe.’’.

13 PART D—PERSONNEL

14 SEC. 141. LABOR-MANAGEMENT RELATIONS.

15 Section 1017(e) of the Foreign Service Act of 1980 is

16 amended to read as follows:

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

18 chapter—

19 ‘‘(A) participation in the management of a labor

20 organization for purposes of collective bargaining or

21 acting as a representative of a labor organization for

22 such purpose is prohibited under this chapter—

23 ‘‘(i) on the part of any management official

24 or confidential employee;
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1 ‘‘(ii) on the part of any individual who has

2 served as a management official or confidential

3 employee during the preceding two years; or

4 ‘‘(iii) on the part of any other employee if

5 the participation or activity would result in a

6 conflict of interest or apparent conflict of interest

7 or would otherwise be incompatible with law or

8 with the official functions of such employee; and

9 ‘‘(B) service as a management official or con10 fidential employee is prohibited on the part of any

11 individual having participated in the management of

12 a labor organization or having acted as a representa13 tive of a labor organization during the preceding two

14 years.

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

16 paragraph (1)(B), the term ‘management official’ shall not

17 include chiefs of mission, principal officers, and their depu18 ties.’’.

19 SEC. 142. VOLUNTARY RETIREMENT INCENTIVE PROGRAM.

20 (a) PROGRAM AUTHORITY.—For the fiscal years 1994

21 and 1995 and subject to the availability of appropriations,

22 the Secretary of State is authorized to establish and admin23 ister a program to provide financial incentives for retire24 ment to certain members of the Foreign Service at the De25 partment of State who are eligible for retirement.
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1 (b) CAP ON INCENTIVE AMOUNT.—The financial incen2 tive paid to any eligible individual pursuant to this section

3 may not exceed the lesser of—

4 (1) an amount equal to the amount the member

5 would be entitled to receive under section 5595(c) of

6 title 5, United States Code, if the member were enti7 tled to payment under such section; or

8 (2) $25,000.

9 (c) COST NEUTRALITY OR SAVINGS.—The Secretary

10 shall ensure that the total cost of financial incentives paid

11 to eligible individuals under any program established pur12 suant to the authority of subsection (a) during the fiscal

13 years 1994 and 1995 does not exceed the total cost the De14 partment would have incurred for pay and other personnel

15 benefits during such period for such eligible individuals had

16 they not retired.

17 (d) RELATIONSHIP TO OTHER GOVERNMENT BENE18 FITS.—The amount paid to any eligible individual pursu19 ant to the authority of subsection (a) may not—

20 (1) be the basis for payment of, and may not be

21 included in the computation of, any other monetary

22 benefit payable with respect to such individual by the

23 Federal Government; and

24 (2) be taken into account for purposes of deter25 mining the amount of any severance pay to which
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1 such eligible individual is entitled under any other

2 provision of law based on any other separation from

3 employment by the Federal Government.

4 (e) UNITED STATES INFORMATION AGENCY AND AGEN5 CY FOR INTERNATIONAL DEVELOPMENT.—The Director of

6 the United States Information Agency and the Director of

7 the Agency for International Development are authorized

8 to exercise the same authorities with respect to members of

9 the Foreign Service serving at the United States Informa10 tion Agency and the Agency for International Development,

11 respectively, as the Secretary of State is authorized to exer12 cise with respect to members of the Foreign Service under

13 this section.

14 SEC. 143. WAIVER OF LIMIT FOR CERTAIN CLAIMS FOR PER15 SONAL PROPERTY DAMAGE OR LOSS.

16 (a) CLAIMS RESULTING FROM EMERGENCY EVACU17 ATION IN A FOREIGN COUNTRY.—Subsection 3721(b) of title

18 31 of the United States Code is amended—

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

20 (2) by adding after paragraph (1) the following

21 new paragraph:

22 ‘‘(2) The Secretary of State may waive the loss limita23 tion under paragraph (1) for claims for damage or loss by

24 United States Government personnel subject to a chief of

25 mission in a foreign country whose claims arose from an
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1 emergency evacuation or departure authorized or ordered

2 as provided under section 5522(a) of title 5 of the United

3 States Code, if the Secretary determines that exceptional

4 circumstances warrant such a waiver.’’.

5 (b) RETROACTIVE APPLICATION.—The amendments

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

7 arising on or after October 31, 1988.

8 SEC. 144. SALARIES OF CHIEFS OF MISSION.

9 Section 401(a) of the Foreign Service Act of 1980 (22

10 U.S.C. 3961(a)) is amended—

11 (1) by striking ‘‘, exclusive of danger pay,’’; and

12 (2) by striking ‘‘not exceed the annual rate pay13 able for level I of such Executive Schedule’’, and in14 serting ‘‘be subject to the limitation on certain pay15 ments under section 5307 of title 5 of the United

16 States Code’’.

17 SEC. 145. SENIOR FOREIGN SERVICE PERFORMANCE PAY.

18 (a) LIMITATION ON CERTAIN PAYMENTS.—Section

19 405(b)(4) of the Foreign Service Act of 1980 (22 U.S.C.

20 3965(b)(4)) is amended to read as follows:

21 ‘‘(4) Any award under this section shall be sub22 ject to the limitation on certain payments under sec23 tion 5307 of title 5 of the United States Code.’’.

24 (b) PROHIBITION ON PERFORMANCE PAY AWARDS IN

25 CERTAIN YEARS.—
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1 (1) Notwithstanding any other provision of law,

2 for fiscal years 1994 and 1995, performance pay

3 awards and payments may not be made under section

4 405 of the Foreign Service Act of 1980 for a fiscal

5 year by any agency subject to an agency-wide reduc6 tion in force for budgetary reasons during that fiscal

7 year.

8 (2) No additional performance pay awards or

9 payments may be made in any subsequent fiscal year

10 to compensate for the prohibition under paragraph

11 (1).

12 SEC. 146. REASSIGNMENT AND RETIREMENT OF FORMER

13 PRESIDENTIAL APPOINTEES.

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

15 U.S.C. 4053) is amended by striking all that follows the

16 section caption and inserting the following:

17 ‘‘(a) If a participant completes an assignment under

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

19 appointed by the President, and is not otherwise eligible

20 for retirement, the participant shall be reassigned within

21 90 days after the termination of such assignment and any

22 period of authorized leave.

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

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

25 appointed by the President, and is eligible for retirement,
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1 and is not reassigned within 90 days after the termination

2 of such assignment and any period of authorized leave, the

3 participant shall be retired from the Service and receive

4 retirement benefits in accordance with section 806 or sec5 tion 855, as appropriate.’’.

6 SEC. 147. REPORT ON CLASSIFICATION OF SENIOR FOR7 EIGN SERVICE POSITIONS.

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

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

10 of the United States shall conduct a classification audit of

11 all Senior Foreign Service positions in Washington, Dis12 trict of Columbia, assigned to the Department of State, the

13 Agency for International Development, and the United

14 States Information Agency and shall review the methods of

15 classification of such positions.

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

17 of enactment of this Act, the Comptroller General shall sub18 mit a report of such audit and review to the Committee

19 on Foreign Affairs of the House of Representatives and the

20 Committee on Foreign Relations of the Senate.

21 SEC. 148. LIMITATION ON NUMBER OF LIMITED CAREER EX22 TENSIONS.

23 Section 607(b) of the Foreign Service Act of 1980 (22

24 U.S.C. 4007(b)) is amended by adding at the end ‘‘Effective

25 September 30, 1995, the number of members of the Senior
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1 Foreign Service serving under such limited career exten2 sions may not exceed 25 percent of the total number of mem3 bers of the Service who are eligible to serve under a limited

4 extension.’’.

5 SEC. 149. AMENDMENTS TO TITLE 5.

6 (a) AWAY-FROM-POST EDUCATION ALLOWANCE.—Sec7 tion 5924(4)(A) of title 5, United States Code, is amended

8 by inserting after the first sentence the following: ‘‘When

9 travel from school to post is infeasible, travel may be al10 lowed between the school attended and the home of a des11 ignated relative or family friend or to join a parent at any

12 location, with the allowable travel expense not to exceed the

13 cost of travel between the school and post.’’.

14 (b) EDUCATIONAL TRAVEL FOR COLLEGE STUDENTS

15 STUDYING ABROAD.—Section 5924(4)(B) of title 5, United

16 States Code, is amended in the first sentence after ‘‘in the

17 United States’’ by inserting ‘‘(or to and from a school out18 side the United States if the dependent is attending that

19 school for less than one year under a program approved

20 by the school in the United States at which the dependent

21 is enrolled)’’.

22 SEC. 150. AMENDMENTS TO CHAPTER 11 OF THE FOREIGN

23 SERVICE ACT.

24 (a) GRIEVANCE BOARD PROCEDURES.—Section 1106

25 of the Foreign Service Act of 1980 (22 U.S.C. 4136) is
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1 amended in the first sentence of paragraph (8) by striking

2 ‘‘until the Board has ruled upon the grievance.’’ and insert3 ing ‘‘for up to one year, or until the Board has ruled upon

4 the grievance, whichever period is shorter. The Board shall

5 extend the one-year limit and the Department shall con6 tinue to suspend such action, if the Board determines that

7 the agency or the Board is responsible for the delay in the

8 resolution of the grievance.’’.

9 (b) TIME LIMITATION ON REQUESTS FOR JUDICIAL

10 REVIEW.—Section 1110 of the Foreign Service Act of 1980

11 (22 U.S.C. 4140) is amended in the first sentence by insert12 ing before the period ‘‘, if the request for judicial review

13 is filed not later than 180 days after the final action of

14 the Secretary or the Board (or in the case of an aggrieved

15 party who is posted abroad at the time of the final action

16 of the Secretary or the Board, if the request for judicial

17 review is filed not later than 180 days after the aggrieved

18 party’s return to the United States)’’.

19 PART E—INTERNATIONAL ORGANIZATIONS

20 SEC. 161. INTERNATIONAL ATOMIC ENERGY AGENCY SAFE21 GUARDS.

22 (a) PURPOSE.—It is the purpose of this section to se23 cure improvements in the effectiveness of International

24 Atomic Energy Agency safeguards.

25 (b) DEFINITIONS.—As used in this section—
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1 (1) the term ‘‘IAEA’’ means the International

2 Atomic Energy Agency;

3 (2) the term ‘‘non-nuclear-weapon state’’ means

4 any country which is not a nuclear-weapon state, as

5 defined by Article IX(3) of the Treaty on the Non6 Proliferation of Nuclear Weapons, signed at Washing7 ton, London, and Moscow on July 1, 1968;

8 (3) the term ‘‘nuclear-weapon state’’ has the

9 meaning given to such term by Article IX(3) of such

10 Treaty; and

11 (4) the term ‘‘special fissionable material’’ has

12 the meaning given to such term by Article XX(1) of

13 the Statute of the International Atomic Energy Agen14 cy, done at the Headquarters of the United Nations

15 on October 26, 1956.

16 (c) REFORMS IN IAEA SAFEGUARDS.—The President

17 should direct the United States representatives to the IAEA

18 to work toward the early adoption of reforms in the imple19 mentation of the safeguards responsibilities of the IAEA,

20 including the following:

21 (1) Improving the ability of the IAEA to detect

22 within any non-nuclear-weapon state which has ac23 cepted full-scope safeguards, nuclear facilities, whether

24 or not declared by that state, that are capable of pro-
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1 ducing, processing, or fabricating special fissionable

2 material suitable for use in a nuclear explosive device.

3 (2) Increasing the transparency of international

4 nuclear commerce.

5 (3) Examining the feasibility of increasing the

6 scope of safeguards for members who have accepted

7 full-scope safeguards to include all activities and fa8 cilities which could significantly contribute to the ac9 quisition or production of nuclear explosive devices.

10 (4) Improving the access of the IAEA to infor11 mation about the nuclear activities of member states

12 of the IAEA.

13 (5) Examining the practicality and advisability

14 of the IAEA conducting less frequent inspections at

15 nuclear facilities in member states which—

16 (A) provide advance consent for the IAEA

17 to conduct unrestricted, short notice inspections

18 of any facility, whether or not declared by the

19 state;

20 (B) provide early notification of construc21 tion of new facilities and modifications to exist22 ing facilities and the early submission of design

23 information regarding such new or modified fa24 cilities; and
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1 (C) accept any inspectors of the IAEA who

2 are approved by the Board of Governors of the

3 IAEA, agree not to limit the number of such in4 spectors, and waive visa requirements for such

5 inspectors.

6 (d) REPORTING REQUIREMENT.—The President shall,

7 in the report required by section 601(a) of the Nuclear Non8 Proliferation Act of 1978, describe—

9 (1) the steps he has taken and plans to take to

10 implement each of the objectives set forth in subsection

11 (c);

12 (2) the progress that has been made and the ob13 stacles that have been encountered in seeking to meet

14 the objectives set forth in subsection (c);

15 (3) any other steps he has taken or plans to take

16 to strengthen the implementation of IAEA safeguards;

17 (4) the steps the IAEA has taken to implement

18 each of the objectives set forth in subsection (c); and

19 (5) any other steps the IAEA has taken to

20 strengthen the implementation of IAEA safeguards.

21 (e) REPORT ON FUNDING.—Within one year after the

22 date of the enactment of this Act, the President shall submit

23 to the Congress a report assessing what additional funds

24 are required for the IAEA to implement the objectives set
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1 forth in subsection (c) and what funds the United States

2 plans to contribute to the IAEA over the next 5 fiscal years.

3 SEC. 162. AGREEMENT ON STATE AND LOCAL TAXATION OF

4 FOREIGN EMPLOYEES OF PUBLIC INTER5 NATIONAL ORGANIZATIONS.

6 The President is hereby authorized to bring into force

7 for the United States the Agreement on State and Local

8 Taxation of Foreign Employees of Public International Or9 ganizations, which was signed by the United States on

10 April 21, 1992.

11 SEC. 163. REFORM IN BUDGET DECISIONMAKING PROCE12 DURES OF THE UNITED NATIONS AND ITS

13 SPECIALIZED AGENCIES.

14 (a) ASSESSED CONTRIBUTIONS.—For assessed con15 tributions authorized to be appropriated by section 103 of

16 this Act, the President may withhold 20 percent of the funds

17 appropriated for the United States assessed contribution to

18 the United Nations or to any of its specialized agencies for

19 any calendar year if the Secretary of State determines that

20 the United Nations or any such agency has failed to imple21 ment or to continue to implement consensus-based decision22 making procedures on budgetary matters which assure that

23 sufficient attention is paid to the views of the United States

24 and other member states who are major financial contribu25 tors to such assessed budgets.
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1 (b) NOTICE TO CONGRESS.—The President shall notify

2 the Congress when a decision is made to withhold any share

3 of the United States assessed contribution to the United Na4 tions or its specialized agencies pursuant to subsection (a)

5 and shall notify the Congress when the decision is made

6 to pay any previously withheld assessed contribution. A no7 tification under this subsection shall include appropriate

8 consultation between the President (or his representative)

9 and the Committee on Foreign Affairs of the House of Rep10 resentatives and the Committee on Foreign Relations of the

11 Senate.

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

13 the availability of appropriations, payment of assessed con14 tributions for prior years may be made to the United Na15 tions or any of its specialized agencies notwithstanding sub16 section (a) of this section, section 405 of the Foreign Rela17 tions Authorization Act, Fiscal Years 1990 and 1991 (Pub18 lic Law 101–246) and section 143 of the Foreign Relations

19 Authorization Act, Fiscal Years 1986 and 1987 (Public

20 Law 99–93) if such payment would further United States

21 interests in that organization.

22 SEC. 164. INTERNATIONAL BOUNDARY AND WATER COMMIS23 SION.

24 (a) AUTHORIZATION TO RECEIVE PAYMENTS.—Sec25 tion 2 of the American-Mexican Chamizal Convention Act
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1 of 1964 (Public Law 88–300; 22 U.S.C. 277d-18) is amend2 ed—

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

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

6 ‘‘(b) The United States Commissioner is authorized to

7 receive payments of money from public or private sources

8 in the United States or Mexico made for the purpose of

9 sharing in the cost of replacement of the Bridge of the Amer10 icas which crosses the Rio Grande between El Paso, Texas,

11 and Cd. Juarez, Chihuahua. Notwithstanding any other

12 provision of law, such payments of money shall be credited

13 to any appropriation to the Commission which is currently

14 available. Funds received under this subsection shall be

15 available only for the replacement of such bridge.

16 ‘‘(c) The authority of subsection (b) may be exercised

17 only to the extent or in such amounts as are provided in

18 advance in appropriation Acts.’’.

19 (b) EXPENDITURES FOR WATER POLLUTION PROB20 LEMS.—Title I of the Act of June 20, 1956 (70 Stat. 302,

21 22 U.S.C. 277d–12), is amended in the fourth undesignated

22 paragraph under the heading ‘‘INTERNATIONAL BOUNDARY

23 AND WATER COMMISSION, UNITED STATES AND MEXICO’’ by

24 striking ‘‘Tijuana Rivers,’’ and all that follows before the

25 period and inserting ‘‘Tijuana Rivers, or other streams
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1 running across or near the boundary, and for taking emer2 gency actions to protect against health threatening surface

3 and ground water pollution problems along the United

4 States-Mexico boundary’’.

5 (c) FALCON AND AMISTAD DAMS MAINTENANCE

6 FUND.—Section 2 of the Act of June 18, 1954 (68 Stat.

7 255, as amended by the Act of December 23, 1963, 77 Stat.

8 475) is amended to read as follows:

9 ‘‘SEC. 2. (a) A separate fund, known as the ‘Falcon

10 and Amistad Operating and Maintenance Fund’ (herein11 after referred to as the ‘Maintenance Fund’), shall be cre12 ated in the Treasury of the United States. The Maintenance

13 Fund shall be administered by the Administrator of the

14 Western Area Power Administration for use by the Commis15 sioner of the United States Section of the International

16 Boundary and Water Commission to defray operation,

17 maintenance, and emergency costs for the hydroelectric fa18 cilities at the Falcon and Amistad Dams.

19 ‘‘(b) All revenues collected in connection with the dis20 position of electric power generated at the Falcon and

21 Amistad Dams shall be credited to the Maintenance Fund

22 and shall remain available until expended for defraying op23 eration, maintenance, and emergency costs for the hydro24 electric facilities at the dams.
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1 ‘‘(c) The authority of subsection (b) may be exercised

2 only to the extent or in such amounts as are provided in

3 advance in appropriation Acts.

4 ‘‘(d) All moneys received from the Government of Mex5 ico for any energy which might be delivered to that Govern6 ment by the United States Section of the International

7 Boundary and Water Commission pursuant to any special

8 agreement concluded in accordance with Article 19 of the

9 said Treaty shall be credited to the General Fund of the

10 Treasury of the United States.’’.

11 SEC. 165. UNITED STATES MEMBERSHIP IN THE ASIAN-PA12 CIFIC ECONOMIC COOPERATION ORGANIZA13 TION.

14 (a) UNITED STATES MEMBERSHIP.—The President is

15 authorized to maintain membership of the United States

16 in the Asian-Pacific Economic Cooperation (APEC).

17 (b) PAYMENT OF ASSESSED CONTRIBUTIONS.—For fis18 cal year 1994 and for each fiscal year thereafter, the United

19 States assessed contributions to APEC may be paid from

20 funds appropriated for ‘‘Contributions to International

21 Organizations’’.

22 SEC. 166. LIMITATION ON CONTRIBUTIONS TO THE UNITED

23 NATIONS AND AFFILIATED ORGANIZATIONS.

24 The United States shall not make any voluntary or

25 assessed contribution—
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1 (1) to any affiliated organization of the United

2 Nations which grants full membership as a state to

3 any organization or group that does not have the

4 internationally recognized attributes of statehood, or

5 (2) to the United Nations, if the United Nations

6 grants full membership as a state in the United Na7 tions to any organization or group that does not have

8 the internationally recognized attributes of statehood,

9 during any period in which such membership is effective.

10 PART F—MISCELLANEOUS PROVISIONS

11 SEC. 181. WOMEN’S HUMAN RIGHTS PROTECTION.

12 (a) SENSE OF CONGRESS.—The Congress makes the

13 following declarations:

14 (1) The State Department should designate with15 in the appropriate bureau a special assistant to the

16 Assistant Secretary to promote international women’s

17 human rights within the overall human rights policy

18 of the United States Government.

19 (2) The purpose of assigning a special assistant

20 on women’s human rights issues is not to segregate

21 such issues, but rather to assure that they are consid22 ered along with other human rights issues in the de23 velopment of United States foreign policy.

24 (3) A specifically designated special assistant is

25 necessary because within the human rights field and
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1 the foreign policy establishment, the issues of gender2 based discrimination and violence against women

3 have long been ignored or made invisible.

4 (4) The Congress believes that abuses against

5 women would have greater visibility and protection of

6 women’s human rights would improve if the advocate

7 were responsible for integrating women’s human

8 rights issues into United States human rights policy

9 in ways including, but not limited to, the following:

10 (A) The designated women’s human rights

11 advocate would seek to assure that the issue of

12 abuses against women, along with human rights

13 issues generally, are a factor in determining ap14 propriate recipients for United States bilateral

15 assistance as well as United States votes at the

16 multilateral development banks.

17 (B) The advocate would work with the re18 gional bureaus of the Department of State to de19 vise strategies for the executive branch to bring

20 pressure to bear on governments that engage in

21 violence or systematic discrimination against

22 women or fail to afford equal treatment of

23 women before the law.

24 (C) The advocate would, in consultation

25 with the bureau responsible for international or-
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1 ganizations, pursue strategies to increase the vis2 ibility and integration of gender-based persecu3 tion and violence in multilateral fora including,

4 but not limited to, the United States Commission

5 on Human Rights and the Working Group on

6 Torture.

7 (D) The advocate would seek to assure that

8 the United States Trade Representative conduct

9 inquiries and take steps to prevent countries

10 from receiving trade benefits under the General11 ized System of Preferences and most favored na12 tion status where governments fail to address vi13 olence, systematic discrimination, and exploi14 tation of women workers.

15 (E) The advocate would seek to assure that

16 the protection of women’s human rights, includ17 ing womens’ participation in the political proc18 ess, women’s right to freedom of association and

19 expression, and freedom from discrimination,

20 would be addressed in the context of United

21 States funded programs in the area of democracy

22 including, but not limited to, democracy pro23 grams at the Agency for International Develop24 ment, democracy programs for Eastern Europe

25 funded by the Support for East European De-
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1 mocracy (SEED) Act of 1989, and new pro2 grams that may be contemplated.

3 (F) The advocate would seek to assure that

4 United States assistance programs in the area of

5 administration of justice include efforts to re6 dress violations of women’s rights.

7 (G) The advocate would work with the

8 Agency for International Development and the

9 appropriate office at the Department of State to

10 secure funding for programs to meet the needs of

11 women victims of human rights abuses includ12 ing, but not limited to, medical and psycho13 logical assistance for rape victims.

14 (H) The advocate would work to assure

15 United States ratification of the United Nations

16 Convention on the Elimination of All Forms of

17 Discrimination Against Women (CEDAW) and

18 oversee the preparation of reports pursuant to

19 that Convention.

20 (I) The advocate would seek to upgrade the

21 quality and quantity of information about

22 abuses of women’s human rights in the reporting

23 from United States embassies overseas, incor24 porate that information not only in the State

25 Department Country Reports on Human Rights,
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1 but also in other public statements and docu2 ments including, but not limited to, congres3 sional testimony and private demarches.

4 (b) CONGRESSIONAL NOTIFICATION.—

5 (1) Not later than one year after the date of en6 actment of this Act, the Secretary of State shall notify

7 the Congress of the steps taken to create the position

8 described in subsection (a) or to otherwise fulfill the

9 objectives detailed in that subsection.

10 (2) If the United Nations Convention on the

11 Elimination of All Forms of Discrimination Against

12 Women (CEDAW) has not been submitted to the Sen13 ate for ratification, not more than 90 days after the

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

15 shall notify the Congress, in writing, of the adminis16 tration’s position on the ratification of CEDAW and

17 timetable for submission of CEDAW for congressional

18 consideration and approval.

19 SEC. 182. PUBLISHING INTERNATIONAL AGREEMENTS.

20 Section 112a of title 1 of the United States Code is

21 amended—

22 (1) by inserting ‘‘(a)’’ immediately before ‘‘The

23 Secretary of State’’; and

24 (2) by adding at the end the following new sub25 sections:
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1 ‘‘(b) The Secretary of State may determine that publi2 cation of certain categories of agreements is not required,

3 if the following criteria are met:

4 ‘‘(1) such agreements are not treaties which have

5 been brought into force for the United States after

6 having received Senate advice and consent pursuant

7 to section 2(2) of Article II of the Constitution of the

8 United States;

9 ‘‘(2) the public interest in such agreements is in10 sufficient to justify their publication, because (A) as

11 of the date of enactment of the Foreign Relations Au12 thorization Act, Fiscal Years 1994 and 1995, the

13 agreements are no longer in force, (B) the agreements

14 do not create private rights or duties, nor establish

15 standards intended to govern government action in

16 the treatment of private individuals; (C) in view of

17 the limited or specialized nature of the public interest

18 in such agreements, such interest can adequately be

19 satisfied by an alternative means; or (D) the public

20 disclosure of the text of the agreement would, in the

21 opinion of the President, be prejudicial to the na22 tional security of the United States; and

23 ‘‘(3) copies of such agreements (other than those

24 in paragraph (2)(D)), including certified copies where

25 necessary for litigation or similar purposes, will be
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1 made available by the Department of State upon re2 quest.

3 ‘‘(c) Any determination pursuant to subsection (b)

4 shall be published in the Federal Register.’’.

5 SEC. 183. MIGRATION AND REFUGEE AMENDMENTS.

6 (a) MIGRATION AND REFUGEE ASSISTANCE ACT

7 AMENDMENTS.—

8 (1) The Migration and Refugee Assistance Act of

9 1962 (22 U.S.C. 2601) is amended—

10 (A) in section 2 by striking ‘‘the Intergov11 ernmental Committee for European Migration’’

12 and inserting ‘‘the International Organization

13 for Migration’’ each place it appears;

14 (B) in section 2(a) by striking ‘‘the Com15 mittee’’ and inserting ‘‘the Organization’’ each

16 place it appears;

17 (C) in the first sentence of section 2(a) by

18 inserting before the period ‘‘, as amended in

19 Geneva, Switzerland, on May 20, 1987’’; and

20 (D) in section 2(c)(2), by striking

21 ‘‘$50,000,000’’ and inserting ‘‘$100,000,000’’.

22 (2) Section 745 of Public Law 100–204 (22

23 U.S.C. 2601 note) is repealed.
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1 SEC. 184. UNITED NATIONS SECURITY COUNCIL MEMBER2 SHIP.

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

4 findings:

5 (1) The effectiveness of the United Nations Secu6 rity Council in maintaining international peace and

7 security depends on its being representative of the

8 membership of the United Nations.

9 (2) The requirement of equitable geographic dis10 tribution in Article 23 of the United Nations Charter

11 requires that the members of the Security Council of

12 the United Nations be chosen by nondiscriminatory

13 means.

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

15 General Assembly as the sole means for election of the

16 nonpermanent members of the Security Council is in17 herently discriminatory in the absence of guarantees

18 that all member states will have the opportunity to

19 join a regional group, and has resulted in discrimi20 nation against Israel.

21 (b) SENSE OF CONGRESS.—It is the sense of the Con22 gress that the President should direct the Secretary of State

23 to request the Secretary-General of the United Nations to

24 seek immediate resolution of this problem. The President

25 shall inform the Congress of any progress in resolving this

26 situation together with the submission to Congress of the
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1 request for funding for the ‘‘Contributions to International

2 Organizations’’ account for the fiscal year 1995.

3 SEC. 185. REFORMS IN THE FOOD AND AGRICULTURE ORGA4 NIZATION.

5 In light of the longstanding efforts of the United States

6 and the other major donor nations to reform the Food and

7 Agriculture Organization and the findings of the ongoing

8 investigation of the General Accounting Office, it is the

9 sense of the Congress that—

10 (1) the United States should use the opportunity

11 of the 1993 election of a new Director General of the

12 Food and Agriculture Organization (FAO) to press

13 for long-needed organizational and management re14 forms; and

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

16 to promote the following reforms in the Food and

17 Agriculture Organization:

18 (A) Decentralization of the administrative

19 structure of FAO, including eliminating redun20 dant or unnecessary headquarters staff, increased

21 responsibilities of regional offices, increased time

22 for consideration of budget issues by member

23 states, and a more meaningful and direct role for

24 member states in the decision-making process.
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1 (B) Reform of the FAO Council, including

2 formation of an executive management commit3 tee to provide oversight of management.

4 (C) Limitation of the term of the Director

5 General and the number of terms which an indi6 vidual may serve.

7 (D) Restructuring of the Technical Coopera8 tion Program (TCP), including reducing the

9 number of nonemergency projects funds through

10 the TCP and establishing procedures to deploy

11 TCP consultants, supplies, and equipment in a

12 timely manner.

13 SEC. 186. INTERPARLIAMENTARY EXCHANGES.

14 (a) AUTHORIZATIONS OF APPROPRIATIONS.—

15 (1) Section 2 of Public Law 86–420 is amend16 ed—

17 (A) by striking ‘‘$100,000’’ and inserting

18 ‘‘$80,000’’; and

19 (B) by striking ‘‘$50,000’’ both places it ap20 pears and inserting ‘‘$40,000’’.

21 (2) Section 2 of Public Law 86–42 is amended—

22 (A) by striking ‘‘$50,000’’ and inserting

23 ‘‘$70,000’’; and

24 (B) by striking ‘‘$25,000’’ both places it ap25 pears and inserting ‘‘$35,000’’.
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1 (b) DEPOSIT OF FUNDS IN INTEREST-BEARING AC2 COUNTS.—Funds appropriated and disbursed pursuant to

3 section 303 of Title III of Public Law 100–202 (101 Stat.

4 1329–23;22 U.S.C. 276 note) are authorized to be deposited

5 in interest-bearing accounts and any interest which accrues

6 shall be deposited, periodically, in a miscellaneous account

7 of the Treasury.

8 SEC. 187. UNITED STATES POLICY CONCERNING OVERSEAS

9 ASSISTANCE TO REFUGEES AND DISPLACED

10 PERSONS.

11 (a) STANDARDS FOR REFUGEE WOMEN AND CHIL12 DREN.—The United States Government, in providing for

13 overseas assistance and protection of refugees and displaced

14 persons, shall seek to address the protection and provision

15 of basic needs of refugee women and children who represent

16 80 percent of the world’s refugee population. As called for

17 in the 1991 United Nations High Commissioner for Refu18 gees (UNHCR) ‘‘Guidelines on the Protection of Refugee

19 Women,’’ whether directly, or through international organi20 zations and nongovernmental voluntary organizations, the

21 Secretary of State shall seek to ensure—

22 (1) specific attention on the part of the United

23 Nations and relief organizations to recruit and em24 ploy female protection officers;
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1 (2) implementation of gender awareness training

2 for field staff including, but not limited to, security

3 personnel;

4 (3) the protection of refugee women and children

5 from violence and other abuses on the part of govern6 ments or insurgent groups;

7 (4) full involvement of women refugees in the

8 planning and implementation of (A) the delivery of

9 services and assistance, and (B) the repatriation

10 process;

11 (5) incorporation of maternal and child health

12 needs into refugee health services and education, spe13 cifically to include education on and access to services

14 in reproductive health and birth spacing;

15 (6) the availability of counseling and other serv16 ices, grievance processes, and protective services to

17 victims of violence and abuse, including but not lim18 ited to rape and domestic violence;

19 (7) the provision of educational programs, par20 ticularly literacy and numeracy, vocational and in21 come-generation skills training, and other training ef22 forts promoting self-sufficiency for refugee women,

23 with special emphasis on women heads of household;
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1 (8) education for all refugee children, ensuring

2 equal access for girls, and special services and family

3 tracing for unaccompanied refugee minors;

4 (9) the collection of data that clearly enumerate

5 age and gender so that appropriate health, education,

6 and assistance programs can be planned;

7 (10) the recruitment, hiring, and training of

8 more women program professionals in the inter9 national humanitarian field; and

10 (11) gender-awareness training for program staff

11 of the United Nations High Commissioner for Refu12 gees (UNHCR) and nongovernmental voluntary orga13 nizations on implementation of the 1991 UNHCR

14 ‘‘Guidelines on the Protection of Refugee Women’’.

15 (b) PROCEDURES.—The Secretary of State shall adopt

16 specific procedures to ensure that all recipients of United

17 States Government refugee and migration assistance funds

18 implement the standards outlined in subsection (a).

19 (c) REQUIREMENTS FOR REFUGEE AND MIGRATION

20 ASSISTANCE.—The Secretary of State, in providing migra21 tion and refugee assistance, should support the protection

22 efforts set forth under this section by raising at the highest

23 levels of government the issue of abuses against refugee

24 women and children by governments or insurgent groups

25 that engage in, permit, or condone—
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1 (1) a pattern of gross violations of internation2 ally recognized human rights, such as torture or cruel,

3 inhumane, or degrading treatment or punishment,

4 prolonged detention without charges, or other flagrant

5 denial to life, liberty, and the security of person;

6 (2) the blockage of humanitarian relief assist7 ance;

8 (3) gender-specific persecution such as systematic

9 individual or mass rape, forced pregnancy, forced

10 abortion, enforced prostitution, any form of indecent

11 assault or act of violence against refugee women,

12 girls, and children; or

13 (4) continuing violations of the integrity of the

14 person against refugee women and children on the

15 part of armed insurgents, local security forces, or

16 camp guards.

17 (d) INVESTIGATION OF REPORTS.—Upon receipt of

18 credible reports of abuses under subsection (c), the Secretary

19 of State should immediately investigate such reports

20 through emergency fact-finding missions or other means of

21 investigating such reports and help identify appropriate re22 medial measures.

23 (e) MULTILATERAL ORGANIZATIONS.—The United

24 States Government shall use its voice and vote in the United

25 Nations and its participation in other multilateral organi-
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1 zations, to promote policies which seek to protect and ad2 dress basic human rights and needs of refugee women and

3 children. The Secretary of State shall work to ensure that

4 multilateral organizations fully incorporate the needs of ref5 ugee women and children into all elements of refugee assist6 ance programs.

7 (f) SENSE OF CONGRESS ON MULTILATERAL IMPLE8 MENTATION OF THE 1991 UNHCR ‘‘GUIDELINES ON THE

9 PROTECTION OF REFUGEE WOMEN’’.—It is the sense of the

10 Congress that the President should enter into bilateral and

11 multilateral negotiations to encourage other governments

12 that provide refugee assistance to adopt refugee assistance

13 policies designed to encourage full implementation of the

14 UNHCR’s 1991 ‘‘Guidelines on the Protection of Refugee

15 Women’’.

16 SEC. 188. POLICY ON MIDDLE EAST ARMS SALES.

17 (a) BOYCOTT OF ISRAEL.—Section 322 of the Foreign

18 Relations Authorization Act, Fiscal Years 1992 and 1993

19 (Public Law 102–138) is amended—

20 (1) in paragraph (2) by striking ‘‘and’’ at the

21 end;

22 (2) in paragraph (3)(A) by striking ‘‘and’’ after

23 the semicolon;

24 (3) in paragraph (3)(B) by striking the period

25 and inserting ‘‘; and’’; and
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1 (4) by adding at the end the following:

2 ‘‘(C) does not participate in the Arab

3 League primary or secondary boycott of Israel.’’.

4 (b) REPORT TO CONGRESS.—Not later than 180 days

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

6 State shall submit a report to the Chairman of the Commit7 tee on Foreign Affairs of the House of Representatives and

8 the Chairman of the Committee on Foreign Relations of the

9 Senate concerning steps taken to ensure that the goals of

10 the amendment under subsection (a) are being met.

11 SEC. 189. REPORT ON TERRORIST ASSETS IN THE UNITED

12 STATES.

13 Section 304(a) of the Foreign Relations Authorization

14 Act, Fiscal Years 1992 and 1993 (Public Law 102–138) is

15 amended—

16 (1) by striking ‘‘Treasury’’ and inserting ‘‘Treas17 ury, in consultation with the Attorney General and

18 appropriate investigative agencies,’’; and

19 (2) by inserting at the end ‘‘Each such report

20 shall provide a detailed list and description of specific

21 assets.’’.
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1 SEC. 190. SENSE OF CONGRESS CONCERNING UNITED

2 STATES CITIZENS VICTIMIZED BY GERMANY

3 DURING WORLD WAR II.

4 (a) CONGRESSIONAL FINDINGS.—The Congress makes

5 the following findings:

6 (1) The national interests of the United States

7 require the presence abroad of United States citizens.

8 (2) Conditions in many parts of the world

9 present dangers to the safety and security of Ameri10 cans abroad.

11 (3) The protection of United States citizens

12 abroad depends on their enjoying full protection

13 against war crimes and crimes against humanity

14 committed by foreign governments.

15 (4) The conduct of the Government of Germany

16 in using slave labor during the period 1939 to 1945

17 constituted the acts of an outlaw state and an abroga18 tion of treaty obligations under the Convention Re19 specting the Laws and Customs of War on Land

20 (Done at The Hague, 18 October 1907).

21 (b) SENSE OF CONGRESS.—It is the sense of the Con22 gress that United States citizens who were victims of war

23 crimes and crimes against humanity committed by the Gov24 ernment of Germany during the period 1939 to 1945 should

25 be compensated by the Government of Germany.
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1 SEC. 191. TRANSPARENCY IN ARMAMENTS.

2 It is the sense of the Congress that—

3 (1) no sale of any defense article or defense serv4 ice should be made, no license should be issued for the

5 export of any defense article or defense service, and no

6 agreement to transfer in any way any defense article

7 or defense service should be made to any nation that

8 does not fully furnish all pertinent data to the United

9 Nations Register of Conventional Arms pursuant to

10 United Nations General Assembly Resolution 46/36L

11 by the reporting date specified by such register; and

12 (2) if a nation has not submitted the required

13 information by the reporting date of a particular

14 year, but subsequently submits notification to the

15 United Nations that it intends to provide such infor16 mation at the next reporting date, an agreement may

17 be negotiated with the nation or a license may be is18 sued, but the actual delivery of such defense article or

19 service should not occur until that nation submits

20 such information.

21 SEC. 192. REVITALIZATION OF THE ‘‘PERMANENT FIVE’’

22 PROCESS.

23 (a) CONGRESSIONAL DECLARATIONS.—The Congress

24 makes the following findings and declarations:

25 (1) Talks among the five permanent members of

26 the United Nations Security Council (‘‘Perm-5’’) first
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1 established in October 1991 present the best oppor2 tunity to negotiate qualitative and quantitative

3 guidelines on conventional arms sales to the develop4 ing world.

5 (2) Reconvening of the ‘‘Perm-5’’ talks is an ur6 gent matter of international security.

7 (b) SENSE OF CONGRESS.—It is the sense of the Con8 gress that the President should seek to restart ‘‘Perm-5’’

9 talks and should report to the Congress on the progress of

10 such talks and the effects of United States agreements since

11 October 1991 to sell arms to the developing world.

12 SEC. 193. REPORT ON THE IMPACT OF CONVENTIONAL

13 WEAPONS PROLIFERATION.

14 Section 36(b) of the Arms Export Control Act (22

15 U.S.C. 2776) is amended in paragraph (1) by inserting

16 after the first sentence ‘‘Each certification shall provide an

17 evaluation of the manner in which the proposed sale would

18 meet legitimate defense needs of the foreign country or inter19 national organization to which the sale would be made, in20 crease regional tensions or instability, and introduce new

21 or more sophisticated military capabilities into the

22 region.’’.
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1 SEC. 194. ESTABLISHMENT OF INDEPENDENT INSPECTORS

2 GENERAL AT INTERNATIONAL ORGANIZA3 TIONS.

4 The Congress makes the following findings and dec5 larations:

6 (1) As a result of the March 1, 1993, report by

7 then United Nations Under Secretary General for Ad8 ministration and Management, the Honorable Rich9 ard Thornburg, concern has been raised about the

10 United Nation’s deficiencies in dealing with fraud,

11 waste, and abuse.

12 (2) It is the sense of the Congress that the Presi13 dent should pay urgent attention to persuading the

14 Secretary General of the United Nations to take im15 mediate steps to implement the recommendations con16 tained in the March 1, 1993, report, giving promi17 nent attention to the finding that the organization ur18 gently needs the establishment of a strong and inde19 pendent office of inspector general for the purposes of

20 internal program and administrative audit and effi21 ciency review. It is further the sense of the Congress

22 that the reports and findings of an inspector general

23 should be fully available to member states.

24 (3) The President should seek to persuade other

25 international organizations of which the United

26 States is a member to establish independent inspec-
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1 tors general, where applicable, in addition to other

2 steps to develop effective means to eliminate fraud,

3 waste, and abuse.

4 (4) It is the sense of the Congress that all reports

5 and findings of such inspectors general, or of existing

6 instrumentalities whose purpose is to provide audit

7 and review functions to assist oversight by members,

8 should be fully available to member states.

9 SEC. 195. SENSE OF CONGRESS REGARDING ADHERENCE

10 TO UNITED NATIONS CHARTER.

11 It is the sense of the Congress that—

12 (1) the President should seek an assurance from

13 the Secretary General of the United Nations that the

14 United Nations will comply with Article 100 of the

15 United Nations Charter;

16 (2) neither the Secretary General of the United

17 Nations nor his staff should seek or receive instruc18 tions from any government or from any other author19 ity external to the United Nations; and

20 (3) the President should report to Congress when

21 he receives such assurance from the Secretary General

22 of the United Nations.
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1 TITLE II—UNITED STATES INFORMA2 TIONAL, EDUCATIONAL, AND CUL3 TURAL PROGRAMS

4 PART A—AUTHORIZATION OF APPROPRIATIONS

5 SEC. 201. AUTHORIZATION OF APPROPRIATIONS.

6 The following amounts are authorized to be appro7 priated to carry out international information activities,

8 and educational and cultural exchange programs under the

9 United States Information and Educational Exchange Act

10 of 1948, the Mutual Educational and Cultural Exchange

11 Act of 1961, Reorganization Plan Number 2 of 1977, the

12 Radio Broadcasting to Cuba Act, the Television Broadcast13 ing to Cuba Act, the Board for International Broadcasting

14 Act, the Inspector General Act of 1978, the Center for Cul15 tural and Technical Interchange Between North and South

16 Act, the National Endowment for Democracy Act, and to

17 carry out other authorities in law consistent with such

18 purposes:

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

20 and Expenses’’, $489,854,000 for the fiscal year 1994

21 and $503,362,000 for the fiscal year 1995.

22 (2) EDUCATIONAL AND CULTURAL EXCHANGE

23 PROGRAMS.—

24 (A) FULBRIGHT ACADEMIC EXCHANGE PRO25 GRAMS.—For the ‘‘Fulbright Academic Exchange
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1 Programs’’, $137,043,000 for the fiscal year 1994

2 and $140,743,000 for the fiscal year 1995.

3 (B) OTHER PROGRAMS.—For ‘‘Hubert H.

4 Humphrey Fellowship Program’’, ‘‘Edmund S.

5 Muskie Fellowship Program’’, ‘‘International

6 Visitors Program’’, ‘‘Israeli-Arab Scholarship

7 Program’’, ‘‘Mike Mansfield Fellowship Pro8 gram’’, ‘‘Claude and Mildred Pepper Scholarship

9 Program of the Washington Workshops Founda10 tion’’, ‘‘Citizen Exchange Programs’’, ‘‘Congress11 Bundestag Exchange Program’’, ‘‘Newly Inde12 pendent States and Eastern Europe Training’’,

13 ‘‘Institute for Representative Government’’,

14 ‘‘Freedom Support Act Secondary School Ex15 changes’’, ‘‘South Pacific Exchanges’’, and ‘‘Arts

16 America’’, $109,079,000 for the fiscal year 1994

17 and $111,835,000 for the fiscal year 1995.

18 (3) BROADCASTING TO CUBA.—For ‘‘Broadcast19 ing to Cuba’’, $28,351,000 for the fiscal year 1994

20 and $28,362,000 for the fiscal year 1995.

21 (4) INTERNATIONAL BROADCASTING ACTIVI22 TIES.—For ‘‘International Broadcasting Activities’’

23 under part B, $606,790,000 for the fiscal year 1994,

24 and $717,790,000 for the fiscal year 1995.
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1 (5) OFFICE OF THE INSPECTOR GENERAL.—For

2 ‘‘Office of the Inspector General’’, $4,390,000 for the

3 fiscal year 1994 and $4,396,000 for the fiscal year

4 1995.

5 (6) NATIONAL ENDOWMENT FOR DEMOCRACY.—

6 For ‘‘National Endowment for Democracy’’,

7 $48,000,000 for the fiscal year 1994 and $49,296,000

8 for the fiscal year 1995.

9 (7) CENTER FOR CULTURAL AND TECHNICAL

10 INTERCHANGE BETWEEN EAST AND WEST.—For ‘‘Cen11 ter for Cultural and Technical Interchange between

12 East and West’’, $23,000,000 for the fiscal year 1994

13 and $23,621,000 for the fiscal year 1995.

14 (8) AMERICAN STUDIES COLLECTIONS.—To the

15 Bureau of Educational and Cultural Affairs of the

16 United States Information Agency—

17 (A) $1,650,000 for the fiscal year 1994 and

18 $1,950,000 for the fiscal year 1995 to fund the

19 endowment authorized to be established under

20 section 239; and

21 (B) in addition to such amounts under sub22 paragraph (A), $450,000 for each of the fiscal

23 years 1994 and 1995 to carry out section 239.
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1 PART B—INTERNATIONAL BROADCASTING

2 AUTHORITIES AND ACTIVITIES

3 SEC. 211. SHORT TITLE.

4 This part may be cited as the ‘‘International Broad5 casting Act of 1993’’.

6 SEC. 212. FINDINGS AND DECLARATIONS.

7 The Congress makes the following findings and dec8 larations of policy:

9 (1) It is the policy of the United States to pro10 mote the freedom ‘‘to seek, receive and impart infor11 mation and ideas through any media and regardless

12 of frontiers’’, in accordance with article 19 of the

13 Universal Declaration of Human Rights.

14 (2) Open communication among the peoples of

15 the world is in the interests of the United States.

16 (3) It is in the interests of the United States to

17 support broadcasting to other nations consistent with

18 the requirements of this Act.

19 SEC. 213. STANDARDS.

20 International broadcasting supported by United States

21 Government funds shall—

22 (1) be consistent with the broad foreign policy

23 objectives of the United States;

24 (2) be consistent with the international tele25 communications policies and treaty obligations of the

26 United States;
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1 (3) complement the activities of private United

2 States broadcasters;

3 (4) complement the activities of government sup4 ported broadcasting entities of other democratic na5 tions;

6 (5) be conducted in accordance with the highest

7 professional standards of broadcast journalism;

8 (6) be based on reliable information about its po9 tential audience; and

10 (7) be designed so as to effectively reach a sig11 nificant audience.

12 SEC. 214. FUNCTIONS.

13 United States international broadcasting shall in14 clude—

15 (1) news which is consistently reliable and au16 thoritative, accurate, objective, and comprehensive;

17 (2) a balanced and comprehensive projection of

18 American thought and institutions, reflecting the di19 versity of American culture and society;

20 (3) clear and effective presentation of the policies

21 of the United States Government and responsible dis22 cussion and opinion on those policies;

23 (4) programming to meet needs which remain

24 unserved by the totality of media voices available to

25 the people of certain nations;
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1 (5) a source of information about developments

2 in each significant region of the world;

3 (6) a forum for a variety of opinions and voices

4 from within particular nations and regions prevented

5 by censorship or repression from speaking to their fel6 low countrymen;

7 (7) reliable research capacity to meet the criteria

8 under this section;

9 (8) adequate transmitter and relay capacity to

10 support the activities described in this section;

11 (9) a source of information about developments

12 in Asia and a forum for a variety of opinions and

13 voices from within Asian nations whose people do not

14 enjoy freedom of expression; and

15 (10) training and technical support for inde16 pendent indigenous media through government agen17 cies or private United States entities.

18 SEC. 215. ADMINISTRATION.

19 (a) AUTHORITY OF PRESIDENT.—The President may

20 assign responsibility for any of the functions of United

21 States Government supported international broadcasting to

22 any agency of the United States Government. The President

23 may authorize any public or private entity to carry out

24 the functions described in paragraphs (4), (5), (6), (7), (8),

25 and (9) of section 214(b).
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1 (b) GRANTS.—The President and any agency of the

2 United States Government is authorized to make grants to

3 RFE/RL Incorporated or any other public or private entity

4 in order to carry out the functions of paragraphs (4), (5),

5 (6), (7), (8), and (9) of section 214(b). In exercising over6 sight responsibilities pursuant to any such grant, an agency

7 shall consider the necessity of maintaining the professional

8 independence and integrity of the grantee in carrying out

9 such functions.

10 SEC. 216. USIA SATELLITE AND TELEVISION.

11 The President is authorized to delegate any of the au12 thorities and duties under section 505 of the United States

13 Information and Educational Exchange Act of 1948 (22

14 U.S.C. 1464a) to any agency of the United States Govern15 ment.

16 SEC. 217. ISRAEL RELAY STATION.

17 Section 301(c) of the Foreign Relations Authorization

18 Act, Fiscal Years 1990 and 1991, is repealed.

19 SEC. 218. REQUIREMENT FOR AUTHORIZATION OF APPRO20 PRIATIONS.

21 (a) LIMITATION ON OBLIGATION AND EXPENDITURE

22 OF FUNDS.—Notwithstanding any other provision of law,

23 for the fiscal year 1994 and for each subsequent fiscal year,

24 any funds appropriated for the purposes of this part shall

25 not be available for obligation or expenditure—
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1 (1) unless such funds are appropriated pursuant

2 to an authorization of appropriations; or

3 (2) in excess of the authorized level of appropria4 tions.

5 (b) SUBSEQUENT AUTHORIZATION.—The limitation

6 under subsection (a) shall not apply to the extent that an

7 authorization of appropriations is enacted after such funds

8 are appropriated.

9 (c) APPLICATION.—The provisions of this section—

10 (1) may not be superseded, except by a provision

11 of law which specifically repeals, modifies, or super12 sedes the provisions of this section; and

13 (2) shall not apply to, or affect in any manner,

14 permanent appropriations, trust funds, and other

15 similar accounts which are authorized by law and ad16 ministered under or pursuant to this part.

17 SEC. 219. REPORT ON ADVERTISING.

18 Not later than one year after the date of enactment

19 of this Act, each agency of the United States Government

20 which carries out international broadcasting supported by

21 United States Government funding shall prepare and sub22 mit a report to the Congress concerning efforts to sell adver23 tising. Each such report shall include information with re24 spect to the amount of advertising which has been sold, the
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1 revenue generated by the sale of advertising, and an evalua2 tion of the potential for sales of advertising.

3 PART C—USIA AND RELATED AGENCIES

4 AUTHORITIES AND ACTIVITIES

5 SEC. 231. CHANGES IN ADMINISTRATIVE AUTHORITIES.

6 Section 801 of the United States Informational and

7 Educational Exchange Act of 1948 (22 U.S.C. 1471) is

8 amended—

9 (1) in paragraph (5) by striking ‘‘and’’ after the

10 semicolon;

11 (2) in paragraph (6) by striking the period at

12 the end and inserting ‘‘; and’’; and

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

14 ‘‘(7) notwithstanding any other provision of law,

15 to carry out projects involving security construction

16 and related improvements for Agency facilities not

17 physically located together with Department of State

18 facilities abroad.’’.

19 SEC. 232. EMPLOYMENT AUTHORITY.

20 Section 804(6) of the United States Information and

21 Educational Exchange Act of 1948 (22 U.S.C. 1474(6)) is

22 amended to read as follows:

23 ‘‘(6) employ individuals or organizations by con24 tract for services to be performed in the United States

25 or abroad, who shall not, by virtue of such employ-
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1 ment, be considered to be employees of the United

2 States Government for the purposes of any law ad3 ministered by the Office of Personnel Management,

4 except that the Director may determine the applica5 bility to such individuals of paragraph (5) of this

6 section;’’.

7 SEC. 233. BUYING POWER MAINTENANCE ACCOUNT.

8 Section 704 of the United States Information and

9 Educational Exchange Act of 1948 (22 U.S.C. 1477(b)) is

10 amended—

11 (1) by inserting ‘‘(1)’’ after ‘‘(c)’’;

12 (2) by striking ‘‘(1) the’’ and inserting ‘‘(A)’’;

13 (3) by striking ‘‘(2)’’ and inserting ‘‘(B)’’; and

14 (4) by adding at the end the following new para15 graphs:

16 ‘‘(2) In carrying out this subsection, there may be es17 tablished a Buying Power Maintenance account.

18 ‘‘(3) In order to eliminate substantial gains to the ap19 proved levels of overseas operations for the United States

20 Information Agency, the Director shall transfer to the Buy21 ing Power Maintenance account such amounts in the Sala22 ries and Expenses appropriations as the Director deter23 mines are excessive to the needs of the approved level of op24 erations under that appropriation account because of fluc-
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1 tuations in foreign currency exchange rates or changes in

2 overseas wages and prices.

3 ‘‘(4) In order to offset adverse fluctuations in foreign

4 currency exchange rates or foreign wages and prices, the

5 Director may transfer from the Buying Power Maintenance

6 account to the Salaries and Expenses appropriation such

7 amounts as the Director determines are necessary to main8 tain the approved level of operations under that appropria9 tion account.

10 ‘‘(5) Funds transferred by the Director from the Buy11 ing Power Maintenance account to another account shall

12 be merged with and be available for the same purpose, and

13 for the same time period, as the funds in that other account.

14 Funds transferred by the Director from another account to

15 the Buying Power Maintenance account shall be merged

16 with the funds in the Buying Power Maintenance account

17 and shall be available for the purposes of that account until

18 expended.

19 ‘‘(6) Any restriction contained in an appropriation

20 Act or other provision of law limiting the amounts available

21 for the United States Information Agency that may be obli22 gated or expended shall be deemed to be adjusted to the ex23 tent necessary to offset the net effect of fluctuations in for24 eign currency exchange rates or overseas wage and price

25 changes in order to maintain approved levels.
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1 ‘‘(7)(A) Subject to the limitations contained in this

2 paragraph, not later than the end of the 5th fiscal year after

3 the fiscal year for which funds are appropriated or other4 wise made available for the Salaries and Expenses account,

5 the Director may transfer any unobligated balance of such

6 funds to the Buying Power Maintenance account.

7 ‘‘(B) The balance of the Buying Power Maintenance

8 account may not exceed $50,000,000 as a result of any

9 transfer under this paragraph.

10 ‘‘(C) Any transfer pursuant to this paragraph shall

11 be treated as a reprogramming of funds under section 705

12 and shall be available for obligation or expenditure only

13 in accordance with the procedures under such section.

14 ‘‘(D) The authorities contained in this section may

15 only be exercised to such an extent and in such amounts

16 as specifically provided in advance in appropriation Acts.’’.

17 SEC. 234. CONTRACT AUTHORITY.

18 Section 802(b) of the United States Information and

19 Educational Exchange Act of 1948 (22 U.S.C. 1472(b)) is

20 amended by adding at the end the following:

21 ‘‘(4)(A) Notwithstanding the other provisions of this

22 subsection, the United States Information Agency is author23 ized to enter into contracts for periods not to exceed 7 years

24 for circuit capacity to distribute radio and television pro25 grams.
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1 ‘‘(B) The authority of this paragraph may be exercised

2 for a fiscal year only to such extent or in such amounts

3 as are provided in advance in appropriations Acts.’’.

4 SEC. 235. APPROPRIATIONS AUTHORITIES.

5 Subsection (f) of section 701 of the United States Infor6 mation and Educational Exchange Act of 1948 (22 U.S.C.

7 1476(f)) is amended—

8 (1) in paragraph (1)—

9 (A) by striking ‘‘the second’’ and inserting

10 ‘‘either’’; and

11 (B) by striking ‘‘such second’’ and inserting

12 ‘‘such’’; and

13 (2) by striking paragraph (4).

14 SEC. 236. TECHNICAL AMENDMENT.

15 Section 105 of Public Law 87–256 is amended by

16 striking out subsection (a).

17 SEC. 237. SEPARATE LEDGER ACCOUNTS FOR NED GRANT18 EES.

19 Section 504(h)(1) of the National Endowment for De20 mocracy Act (22 U.S.C. 4413(h)(1)) is amended by striking

21 ‘‘accounts’’ and inserting ‘‘bank accounts or separate self22 balancing ledger accounts’’.

23 SEC. 238. AMERICAN STUDIES COLLECTIONS.

24 (a) AUTHORITY.—In order to promote a thorough un25 derstanding of the United States among emerging elites
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1 abroad, the Director of the United States Information Agen2 cy is authorized to establish and support collections at ap3 propriate university libraries abroad to further the study

4 of the United States, and to enter into agreements with such

5 universities for such purposes.

6 (b) DESIGN AND DEVELOPMENT.—Such collections—

7 (1) shall be developed in consultation with Unit8 ed States associations and organizations of scholars

9 in the principal academic disciplines in which Amer10 ican studies are conducted; and

11 (2) shall be designed primarily to meet the needs

12 of undergraduate and graduate students of American

13 studies.

14 (c) SITE SELECTION.—In selecting universities abroad

15 as sites for such collections, the Director shall—

16 (1) ensure that such universities are able, within

17 a reasonable period of the establishment of such collec18 tions, to assume responsibility for their maintenance

19 in current form;

20 (2) ensure that undergraduate and graduate stu21 dents shall enjoy reasonable access to such collections;

22 and

23 (3) include in any agreement entered into be24 tween the United States Information Agency and a

25 university abroad, terms embodying a contractual
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1 commitment of such maintenance and access under

2 this subsection.

3 (d) FUNDING.—

4 (1) The Director of the United States Informa5 tion Agency is authorized to establish an endowment

6 fund (hereafter in this section referred to as the

7 ‘‘fund’’) to carry out the purposes of this section and

8 to enter into such agreements as may be necessary to

9 carry out the purposes of this section.

10 (2)(A) The Director shall make deposits to the

11 fund of amounts appropriated to the fund under sec12 tion 201.

13 (B) The Director is authorized to accept, use,

14 and dispose of gifts of donations of services or prop15 erty to carry out this section. Sums of money donated

16 to carry out the purposes of this section shall be de17 posited into the fund.

18 (3) The corpus of the fund shall be invested in

19 Federally-insured bank savings accounts or com20 parable interest-bearing accounts, certificates of de21 posit, money market funds, obligations of the United

22 States, or other low-risk instruments and securities.

23 (4) The Director may withdraw or expend

24 amounts from the fund for any expenses necessary to

25 carry out the purposes of this section.
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1 SEC. 239. SOUTH PACIFIC EXCHANGE PROGRAMS.

2 (a) AUTHORIZED PROGRAMS.—The Director of the

3 United States Information Agency is authorized to award

4 academic scholarships to qualified students from the sov5 ereign nations of the South Pacific region to pursue under6 graduate and postgraduate study at institutions of higher

7 education in the United States; to make grants to accom8 plished United States scholars and experts to pursue re9 search, to teach, or to offer training in such nations; and

10 to make grants for youth exchanges.

11 (b) LIMITATION.—Grants awarded to United States

12 scholars and experts may not exceed 10 percent of the total

13 funds awarded for any fiscal year for programs under this

14 section.

15 SEC. 240. COORDINATION OF UNITED STATES EXCHANGE

16 PROGRAMS.

17 Section 112 of the Mutual Educational and Cultural

18 Exchange Act of 1961 (22 U.S.C. 2460) is amended by add19 ing at the end the following:

20 ‘‘(f) The President shall ensure that all exchange pro21 grams conducted by the United States Government, its de22 partments and agencies, directly or through agreements

23 with other parties, are coordinated through the Bureau to

24 ensure that such exchanges are consistent with United

25 States foreign policy and to avoid duplication of effort. The

26 President shall report annually to the Congress on such co-
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1 ordination. Such report shall include information concern2 ing what exchanges are supported by the United States, the

3 number of exchange participants supported, the types of ex4 change activities, and the total amount of Federal expendi5 tures for such exchanges.’’.

6 SEC. 241. LIMITATION CONCERNING PARTICIPATION IN

7 INTERNATIONAL EXPOSITIONS.

8 Notwithstanding any other provision of law, the Unit9 ed States Information Agency is not authorized to repro10 gram funds in order to obligate or expend any funds for

11 a United States Government funded pavilion or other major

12 exhibit at any international exposition or world’s fair reg13 istered by the Bureau of International Expositions in excess

14 of amounts expressly authorized and appropriated for such

15 purpose.

16 SEC. 242. PRIVATE SECTOR OPPORTUNITIES.

17 Section 104(e)(4) of the Mutual Educational and Cul18 tural Exchange Act of 1961 (22 U.S.C. 2454) is amended

19 by inserting before the period ‘‘, and of similar services and

20 opportunities for interchange not supported by the United

21 States Government’’.

22 SEC. 243. EDUCATIONAL AND CULTURAL EXCHANGES WITH

23 TIBET.

24 The Director of the United States Information Agency

25 shall establish programs of educational and cultural ex-
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1 change between the United States and the people of Tibet.

2 Such programs shall include opportunities for training

3 and, as the Director considers appropriate, may include the

4 assignment of personnel and resources abroad.

5 SEC. 244. CHANGES IN ADMINISTRATIVE AUTHORITIES.

6 Section 208 of the Foreign Relations Authorization

7 Act, Fiscal Years 1986 and 1987 (22 U.S.C. 1461–1a) is

8 amended by adding at the end the following: ‘‘The provi9 sions of this section shall not prohibit the United States

10 Information Agency from responding to inquiries from

11 members of the public about its operations, policies, or pro12 grams.’’.

13 PART D—MIKE MANSFIELD FELLOWSHIPS

14 SEC. 251. SHORT TITLE.

15 This part may be cited as the ‘‘Mike Mansfield Fellow16 ship Act’’.

17 SEC. 252. ESTABLISHMENT OF FELLOWSHIP PROGRAM.

18 (a) ESTABLISHMENT.—(1) There is hereby established

19 the ‘‘Mike Mansfield Fellowship Program’’ pursuant to

20 which the Director of the United States Information Agency

21 will make grants, subject to the availability of appropria22 tions, to the Mansfield Center for Pacific Affairs to award

23 fellowships to eligible United States citizens for periods of

24 2 years each (or, pursuant to section 253(5)(C), for such

25 shorter period of time as the Center may determine based
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1 on a Fellow’s level of proficiency in the Japanese language

2 or knowledge of the political economy of Japan) as follows:

3 (A) During the first year each fellowship recipi4 ent will study the Japanese language as well as Ja5 pan’s political economy.

6 (B) During the second year each fellowship re7 cipient will serve as a Fellow in a parliamentary of8 fice, ministry, or other agency of the Government of

9 Japan or, subject to the approval of the Center, a

10 nongovernmental Japanese institution associated with

11 the interests of the fellowship recipient, consistent

12 with the purposes of this part.

13 (2) Fellowships under this part may be known as

14 ‘‘Mansfield Fellowships’’, and individuals awarded such fel15 lowships may be known as ‘‘Mansfield Fellows’’.

16 (b) ELIGIBILITY OF CENTER FOR GRANTS.—Grants

17 may be made to the Center under this section only if the

18 Center agrees to comply with the requirements of section

19 253.

20 (c) INTERNATIONAL AGREEMENT.—The Director of the

21 United States Information Agency should enter into nego22 tiations for an agreement with the Government of Japan

23 for the purpose of placing Mansfield Fellows in the Govern24 ment of Japan.
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1 (d) PRIVATE SOURCES.—The Center is authorized to

2 accept, use, and dispose of gifts or donations of services or

3 property in carrying out the fellowship program, subject to

4 the review and approval of the Board described in section

5 255.

6 SEC. 253. PROGRAM REQUIREMENTS.

7 The program established under this part shall comply

8 with the following requirements:

9 (1) United States citizens who are eligible for fel10 lowships under this part shall be employees of the

11 Federal Government having at least two years experi12 ence in any branch of the Government, a strong ca13 reer interest in United States-Japan relations, and a

14 demonstrated commitment to further service in the

15 Federal Government.

16 (2) Not less than 10 fellowships shall be awarded

17 each year.

18 (3) Mansfield Fellows shall agree—

19 (A) to maintain satisfactory progress in

20 language training and appropriate behavior in

21 Japan, as determined by the Center, as a condi22 tion of continued receipt of Federal funds; and

23 (B) to return to the Federal Government for

24 further employment for a period of at least 2

25 years following the end of their fellowships, un-
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1 less, in the determination of the Center, the Fel2 low is unable (for reasons beyond the Fellow’s

3 control and after receiving assistance from the

4 Center as provided in paragraph (8)) to find re5 employment for such period.

6 (4) During the period of the fellowship, the Cen7 ter shall provide each Mansfield Fellow—

8 (A) a stipend at a rate of pay equal to the

9 rate of pay that individual was receiving when

10 he or she entered the program, plus a cost-of-liv11 ing adjustment calculated at the same rate of

12 pay, and for the same period of time, for which

13 such adjustments were made to the salaries of in14 dividuals occupying competitive positions in the

15 civil service during the same period as the fel16 lowship; and

17 (B) certain allowances and benefits as that

18 individual would have been entitled to, but for

19 his or her separation from Government service,

20 as a United States Government civilian em21 ployee overseas under the Standardized Regula22 tions (Government Civilians, Foreign Areas) of

23 the Department of State, as follows: a living

24 quarters allowance to cover the cost of housing in

25 Japan, a post allowance to cover the signifi-
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1 cantly higher costs of living in Japan, a tem2 porary quarters subsistence allowance for up to

3 7 days for Fellows unable to find housing imme4 diately upon arrival in Japan, an education al5 lowance to assist parents in providing their chil6 dren with educational services ordinarily pro7 vided without charge by United States public

8 schools, moving expenses of up to $3,000 for per9 sonal belongings of Fellows and their families in

10 their move to Japan and up to $500 for Fellows

11 residing outside the Washington, D.C. area in

12 moving to the Washington, D.C. area, and one13 round-trip economy-class airline ticket to Japan

14 for each Fellow and the Fellow’s immediate fam15 ily.

16 (5)(A) For the first year of each fellowship, the

17 Center shall provide Fellows with intensive Japanese

18 language training in the Washington, D.C., area, as

19 well as courses in the political economy of Japan.

20 (B) Such training shall be of the same quality

21 as training provided to Foreign Service officers before

22 they are assigned to Japan.

23 (C) The Center may waive any or all of the

24 training required by subparagraph (A) to the extent

25 that a Fellow has Japanese language skills or knowl-
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1 edge of Japan’s political economy, and the 2 year fel2 lowship period shall be shortened to the extent such

3 training is less than one year.

4 (6) Any Mansfield Fellow not complying with

5 the requirements of this section shall reimburse the

6 United States Information Agency for the Federal

7 funds expended for the Fellow’s participation in the

8 fellowship, together with interest on such funds (cal9 culated at the prevailing rate), as follows:

10 (A) Full reimbursement for noncompliance

11 with paragraph (3)(A) or (9); and

12 (B) pro rata reimbursement for noncompli13 ance with paragraph (3)(B) for any period the

14 Fellow is reemployed by the Federal Government

15 that is less than the period specified in para16 graph (3)(B), at a rate equal to the amount the

17 Fellow received during the final year of the fel18 lowship for the same period of time, including

19 any allowances and benefits provided under

20 paragraph (4).

21 (7) The Center shall select Mansfield Fellows

22 based solely on merit. The Center shall make positive

23 efforts to recruit candidates reflecting the cultural, ra24 cial, and ethnic diversity of the United States.
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1 (8) The Center shall assist any Mansfield Fellow

2 in finding employment in the Federal Government if

3 such Fellow was not able, at the end of the fellowship,

4 to be reemployed in the agency from which he or she

5 separated to become a Fellow.

6 (9) No Mansfield Fellow may engage in any in7 telligence or intelligence-related activity on behalf of

8 the United States Government.

9 (10) The accounts of the Center shall be audited

10 annually in accordance with generally accepted au11 diting standards by independent certified public ac12 countants or independent licensed public accountants,

13 certified or licensed by a regulatory authority of a

14 State or other political subdivision of the United

15 States. The audit shall be conducted at the place or

16 places where the accounts of the Center are normally

17 kept. All books, accounts, financial records, files, and

18 other papers, things, and property belonging to or in

19 use by the Center and necessary to facilitate the audit

20 shall be made available to the person or persons con21 ducting the audit, and full facilities for verifying

22 transactions with the balances or securities held by

23 depositories, fiscal agents, and custodians shall be af24 forded to such person or persons.
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1 (11) The Center shall provide a report of the

2 audit to the Board no later than six months following

3 the close of the fiscal year for which the audit is

4 made. The report shall set forth the scope of the audit

5 and include such statements, together with the inde6 pendent auditor’s opinion of those statements, as are

7 necessary to present fairly the Center’s assets and li8 abilities, surplus or deficit, with reasonable detail, in9 cluding a statement of the Center’s income and ex10 penses during the year, including a schedule of all

11 contracts and grants requiring payments in excess of

12 $5,000 and any payments of compensation, salaries,

13 or fees at a rate in excess of $5,000 per year. The

14 report shall be produced in sufficient copies for the

15 public.

16 SEC. 254. SEPARATION OF GOVERNMENT PERSONNEL DUR17 ING THE FELLOWSHIPS.

18 (a) SEPARATION.—Under such terms and conditions

19 as the agency head may direct, any agency of the United

20 States Government may separate from Government service

21 for a specified period any officer or employee of that agency

22 who accepts a fellowship under the program established by

23 this part.

24 (b) REEMPLOYMENT.—Any Mansfield Fellow, at the

25 end of the fellowship, is entitled to be reemployed in the
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1 same manner as if covered by section 3582 of title 5, United

2 States Code.

3 (c) RIGHTS AND BENEFITS.—Notwithstanding section

4 8347(o), 8713, or 8914 of title 5, United States Code, and

5 in accordance with regulations of the Office of Personnel

6 Management, an employee, while serving as a Mansfield

7 Fellow, is entitled to the same rights and benefits as if cov8 ered by section 3582 of title 5, United States Code. The Cen9 ter shall reimburse the employing agency for any costs in10 curred under section 3582 of title 5, United States Code.

11 (d) COMPLIANCE WITH BUDGET ACT.—Funds are

12 available under this section to the extent and in the

13 amounts provided in appropriation Acts.

14 SEC. 255. MANSFIELD FELLOWSHIP REVIEW BOARD.

15 (a) ESTABLISHMENT.—There is hereby established the

16 Mansfield Fellowship Review Board.

17 (b) COMPOSITION.—The Board shall be composed of 11

18 individuals, as follows:

19 (1) The Secretary of State, or the Secretary’s

20 designee.

21 (2) The Secretary of Defense, or the Secretary’s

22 designee.

23 (3) The Secretary of the Treasury, or the Sec24 retary’s designee.
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1 (4) The Secretary of Commerce, or the Sec2 retary’s designee.

3 (5) The United States Trade Representative, or

4 the Trade Representative’s designee.

5 (6) The Chief Justice of the United States, or the

6 Chief Justice’s designee.

7 (7) The Majority Leader of the Senate, or the

8 Majority Leader’s designee.

9 (8) The Minority Leader of the Senate, or the

10 Minority Leader’s designee.

11 (9) The Speaker of the House of Representatives,

12 or the Speaker’s designee.

13 (10) The Minority Leader of the House of Rep14 resentatives, or the Minority Leader’s designee.

15 (11) The Director of the United States Informa16 tion Agency, who shall serve as the chairperson of the

17 Board, or the Director’s designee.

18 (c) FUNCTIONS.—(1) The Board shall review the ad19 ministration of the program assisted under this part.

20 (2)(A) Each year at the time of the submission of the

21 President’s budget request to the Congress, the Board shall

22 submit to the President and the Congress a report completed

23 by the Center with the approval of the Board on the conduct

24 of the program during the preceding year.

25 (B) Each such report shall contain—
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1 (i) an analysis of the assistance provided under

2 the program for the previous fiscal year and the na3 ture of the assistance provided;

4 (ii) an analysis of the performance of the indi5 viduals who received assistance under the program

6 during the previous fiscal year, including the degree

7 to which assistance was terminated under the pro8 gram and the extent to which individual recipients

9 failed to meet their obligations under the program;

10 and

11 (iii) an analysis of the results of the program for

12 the previous fiscal year, including, at a minimum,

13 the cumulative percentage of individuals who received

14 assistance under the program who subsequently be15 came employees of the United States Government and,

16 in the case of individuals who did not subsequently

17 become employees of the United States Government,

18 an analysis of the reasons why they did not become

19 employees and an explanation as to what use, if any,

20 was made of the assistance given to those recipients.

21 (d) COMPENSATION.—Members of the Board shall not

22 be paid compensation for services performed on the Board.

23 (e) AVAILABILITY OF SUPPORT STAFF.—The Director

24 of the United States Information Agency is authorized to
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1 provide for necessary secretarial and staff assistance for the

2 Board.

3 (f) RELATIONSHIP TO FEDERAL ADVISORY COMMIT4 TEE ACT.—The Federal Advisory Committee Act shall not

5 apply to the Board to the extent that the provisions of this

6 section are inconsistent with such Act.

7 SEC. 256. DEFINITIONS.

8 For purposes of this part—

9 (1) the term ‘‘agency of the United States Gov10 ernment’’ includes any agency of the legislative

11 branch and any court of the judicial branch as well

12 as any agency of the executive branch;

13 (2) the term ‘‘agency head’’ means—

14 (A) in the case of the executive branch of

15 Government or an agency of the legislative

16 branch other than the House of Representatives

17 or the Senate, the head of the respective agency;

18 (B) in the case of the judicial branch of

19 Government, the chief judge of the respective

20 court;

21 (C) in the case of the Senate, the President

22 pro tempore, in consultation with the Majority

23 Leader and Minority Leader of the Senate; and

24 (D) in the case of the House of Representa25 tives, the Speaker of the House, in consultation
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1 with the Majority Leader and Minority Leader

2 of the House;

3 (3) the term ‘‘Board’’ means the Mike Mansfield

4 Fellowship Review Board; and

5 (4) the term ‘‘Center’’ means the Mansfield Cen6 ter for Pacific Affairs.

7 TITLE III—ARMS CONTROL AND

8 DISARMAMENT AGENCY

9 SEC. 301. PURPOSES.

10 The purposes of this title are—

11 (1) to provide renewed impetus in improving the

12 United States Government’s ability to manage the

13 complex process of negotiating and implementing

14 arms control treaties;

15 (2) to provide central leadership and coordina16 tion to United States nonproliferation policy; and

17 (3) to improve congressional oversight of the op18 erating budget of the United States Arms Control and

19 Disarmament Agency.

20 SEC. 302. ACDA DIRECTOR.

21 (a) DIRECTOR.—Section 22 of the Arms Control and

22 Disarmament Act (22 U.S.C. 2562) is amended to read as

23 follows:
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1 ‘‘SEC. 22. DIRECTOR.

2 ‘‘(a) APPOINTMENT.—The Agency shall be headed by

3 a Director, who shall be appointed by the President, by and

4 with the advice and consent of the Senate. No person serving

5 on active duty as a commissioned officer of the Armed

6 Forces of the United States may be appointed Director.

7 ‘‘(b) DUTIES.—The Director shall serve as the prin8 cipal adviser to the President and other executive branch

9 officials on matters relating to arms control, disarmament,

10 and nonproliferation. In carrying out his or her duties

11 under this Act, the Director, under the guidance of the Sec12 retary of State, shall have primary responsibility for mat13 ters relating to arms control, disarmament, and non14 proliferation, as defined by this Act.’’.

15 (b) PERMANENT MEMBERSHIP ON NATIONAL SECU16 RITY COUNCIL.—Section 101(a) of the National Security

17 Act of 1947 (50 U.S.C. 402(a)) is amended—

18 (1) by redesignating paragraphs (5) through (7)

19 as paragraphs (6) through (8), respectively; and

20 (2) by inserting after paragraph (4) the follow21 ing new paragraph (5):

22 ‘‘(5) the Director of the United States Arms Con23 trol and Disarmament Agency;’’.
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1 SEC. 303. SPECIAL REPRESENTATIVES.

2 (a) IN GENERAL.—Section 27 of the Arms Control and

3 Disarmament Act (22 U.S.C. 2567) is amended to read as

4 follows:

5 ‘‘SEC. 27. SPECIAL REPRESENTATIVES.

6 ‘‘(a) APPOINTMENT.—The President may appoint, by

7 and with the advice and consent of the Senate, Special Rep8 resentatives of the President for Arms Control, Disar9 mament, and Nonproliferation. Each Presidential Special

10 Representative shall hold the rank of ambassador.

11 ‘‘(b) DUTIES.—Presidential Special Representatives

12 shall perform their duties and exercise their powers under

13 direction of the President, acting through the Director. One

14 such Special Representative shall serve as the United States

15 Governor to the Board of Governors of the International

16 Atomic Energy Agency.

17 ‘‘(c) ADMINISTRATIVE SUPPORT.—The Agency shall be

18 the Government agency responsible for providing adminis19 trative support, including funding, staff, and office space,

20 to all Presidential Special Representatives appointed under

21 this section.’’.

22 (b) CONFORMING AMENDMENT.—Section 5315 of title

23 5, United States Code, is amended by striking ‘‘Special

24 Representatives for Arms Control and Disarmament Nego25 tiations, United States Arms Control and Disarmament
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1 Agency (2).’’ and inserting ‘‘Special Representatives of the

2 President for Arms Control and Nonproliferation.’’.

3 SEC. 304. NEGOTIATION MANAGEMENT.

4 Section 34 of the Arms Control and Disarmament Act

5 (22 U.S.C. 2574) is amended to read as follows:

6 ‘‘SEC. 34. NEGOTIATIONS AND RELATED FUNCTIONS

7 ‘‘The Director shall have primary responsibility for the

8 preparation and management of United States participa9 tion in all international negotiations and implementation

10 forums in the fields of arms control, disarmament, and non11 proliferation. To this end—

12 ‘‘(1) the Director shall have primary responsibil13 ity for the preparation, formulation, support, and

14 transmission of instructions and guidance for all such

15 negotiations and forums, and shall manage inter16 agency groups established within the executive branch

17 to support such negotiations and forums; and

18 ‘‘(2) all United States Government representa19 tives conducting negotiations or acting pursuant to

20 agreements in the fields of arms control, disar21 mament, or nonproliferation shall perform their du22 ties and exercise their powers, under the direction of

23 the President, acting through the Director.’’.
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1 SEC. 305. PARTICIPATION OF ACDA DIRECTOR IN CERTAIN

2 DELIBERATIONS.

3 (a) ARMS EXPORT CONTROL ACT.—

4 (1) Section 38(a)(2) of the Arms Export Control

5 Act (22 U.S.C. 2778(a)(2)) is amended to read as

6 follows:

7 ‘‘(2) Decisions on issuing export licenses under this

8 section shall be made in coordination with the Director of

9 the United States Arms Control and Disarmament Agency,

10 taking into account the Director’s assessment as to whether

11 the export of an article will contribute to an arms race,

12 aid in the development of weapons of mass destruction, sup13 port international terrorism, increase the possibility of out14 break or escalation of conflict, or prejudice the development

15 of bilateral or multilateral arms control or nonproliferation

16 agreements or other bilateral arrangements.’’.

17 (2) Section 42(a) of such Act (22 U.S.C.

18 2791(a)) is amended by striking out all that follows

19 ‘‘(3)’’ in the last sentence and inserting the following:

20 ‘‘the assessment of the Director of the United States

21 Arms Control and Disarmament Agency as to the ex22 tent to which such sale might contribute to an arms

23 race, aid in the development of weapons of mass de24 struction, support international terrorism, increase

25 the possibility of outbreak or escalation of conflict, or

26 prejudice the development of bilateral or multilateral
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1 arms control or nonproliferation agreements or other

2 arrangements. No decision shall be made over the ob3 jection of the Director unless the Director has been in4 formed in writing of the reasons why the Director’s

5 opinion was not deemed sufficient to deny the pro6 posed sale, and afforded a reasonable opportunity to

7 appeal the proposed decision.’’.

8 (3) Section 71 of such Act (22 U.S.C. 2797) is

9 amended—

10 (A) in subsection (a) by inserting ‘‘, the Di11 rector of the United States Arms Control and

12 Disarmament Agency,’’ after ‘‘Secretary of De13 fense’’;

14 (B) in subsection (b)(1) inserting ‘‘and the

15 Director of the United States Arms Control and

16 Disarmament Agency’’ after ‘‘Secretary of De17 fense’’; and

18 (C) in subsection (b)(2)—

19 (i) by striking ‘‘and the Secretary of

20 Commerce’’ and inserting ‘‘, the Secretary

21 of Commerce, and the Director of the United

22 States Arms Control and Disarmament

23 Agency’’; and
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1 (ii) by striking the comma after ‘‘ap2 plicant’’ and all that follows through ‘‘docu3 ments’’.

4 (b) ATOMIC ENERGY ACT.—

5 (1) Section 131(b) of the Atomic Energy Act of

6 1954 (42 U.S.C. 2160(b)) is amended—

7 (A) in paragraph (2) by inserting ‘‘and the

8 Director of the United States Arms Control and

9 Disarmament Agency’’ after ‘‘Secretary of

10 State’’; and

11 (B) in paragraph (3) by inserting ‘‘and the

12 Director of the United States Arms Control and

13 Disarmament Agency’’ after ‘‘Secretary of

14 State’’.

15 (2) Section 142 of such Act (42 U.S.C. 2162) is

16 amended by adding at the end the following new sub17 section:

18 ‘‘(g) All determinations under this section to remove

19 data from the Restricted Data category shall be made only

20 after consultation with the Director of the United States

21 Arms Control and Disarmament Agency. If the Commis22 sion, the Department of Defense, and the Director do not

23 agree, the determination shall be made by the President.’’.
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1 SEC. 306. NOTIFICATION TO CONGRESS OF PROPOSED

2 REPROGRAMMINGS BY ACDA.

3 Title IV of the Arms Control and Disarmament Act

4 is amended by adding at the end the following:

5 ‘‘SEC. 54. REPROGRAMMING OF FUNDS.

6 ‘‘(a) CONGRESSIONAL NOTIFICATION OF CERTAIN

7 REPROGRAMMINGS.—Unless the Committee on Foreign Af8 fairs of the House of Representatives and the Committee on

9 Foreign Relations of the Senate are notified at least 15 days

10 in advance of the proposed reprogramming, funds appro11 priated to carry out this Act (other than funds to carry

12 out title V) shall not be available for obligation or expendi13 ture through any reprogramming of funds that—

14 ‘‘(1) would create or eliminate a program,

15 project, or activity;

16 ‘‘(2) would increase funds or personnel by any

17 means for any program, project, or activity for which

18 funds have been denied or restricted by the Congress;

19 ‘‘(3) would relocate an office or employees;

20 ‘‘(4) would reorganize offices, programs, projects,

21 or activities;

22 ‘‘(5) would involve contracting out functions

23 which had been performed by Federal employees; or

24 ‘‘(6) would involve a reprogramming in excess of

25 $1,000,000 or 10 percent (whichever is less) and

26 would—
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1 ‘‘(A) augment existing programs, projects,

2 or activities,

3 ‘‘(B) reduce by 10 percent or more the fund4 ing for any existing program, project, activity,

5 or personnel approved by the Congress, or

6 ‘‘(C) result from any general savings from

7 a reduction in personnel that would result in a

8 change in existing programs, activities, or

9 projects approved by the Congress.

10 ‘‘(b) LIMITATION ON END-OF-YEAR

11 REPROGRAMMINGS.—Funds appropriated to carry out this

12 Act (other than funds to carry out title V) shall not be avail13 able for obligation or expenditure through any

14 reprogramming described in paragraph (1) during the last

15 15 days in which such funds are available for obligation

16 or expenditure (as the case may be) unless the notification

17 required by that paragraph was submitted before that 15-

18 day period.’’.

19 SEC. 307. REQUIREMENT OF AUTHORIZATION OF APPRO20 PRIATIONS.

21 ARMS CONTROL AND DISARMAMENT AGENCY.—Title

22 IV of the Arms Control and Disarmament Act is amended

23 by adding at the end the following:
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1 ‘‘SEC. 55. REQUIREMENT FOR AUTHORIZATION OF APPRO2 PRIATIONS.

3 ‘‘(a) LIMITATION ON OBLIGATION AND EXPENDITURE

4 OF FUNDS.—Notwithstanding any other provision of law,

5 for the fiscal year 1994 and for each subsequent fiscal year,

6 any funds appropriated for the Arms Control and Disar7 mament Agency shall not be available for obligation or ex8 penditure—

9 ‘‘(1) unless such funds are appropriated pursu10 ant to an authorization of appropriations; or

11 ‘‘(2) in excess of the authorized level of appro12 priations.

13 ‘‘(b) SUBSEQUENT AUTHORIZATION.—The limitation

14 under subsection (a) shall not apply to the extent that an

15 authorization of appropriations is enacted after such funds

16 are appropriated.

17 ‘‘(c) APPLICATION.—The provisions of this section—

18 ‘‘(1) may not be superseded, except by a provi19 sion of law which specifically repeals, modifies, or su20 persedes the provisions of this section; and

21 ‘‘(2) shall not apply to, or affect in any manner,

22 permanent appropriations, trust funds, and other

23 similar accounts which are authorized by law and ad24 ministered by the Arms Control and Disarmament

25 Agency.’’.
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1 DIVISION B—FOREIGN ASSIST2 ANCE AND RELATED PRO3 GRAMS

4 TITLE XI—REFORM OF FOREIGN

5 ASSISTANCE PROGRAMS

6 SEC. 1101. NEED FOR FOREIGN ASSISTANCE REFORM.

7 (a) NEED FOR REFORM.—The Congress—

8 (1) remains convinced that United States foreign

9 assistance programs and the Agency for International

10 Development are in need of immediate reform; and

11 (2) remains prepared to enact reform legislation

12 in time for the fiscal year 1995 authorization and

13 appropriations cycle.

14 (b) COMPREHENSIVE REFORM PLAN.—To facilitate

15 this reform process, the President shall submit to the Con16 gress, within 60 days after the date of enactment of this

17 Act, a plan for comprehensive reform of United States for18 eign assistance programs and of the agency primarily re19 sponsible for administering part I of the Foreign Assistance

20 Act of 1961.

21 SEC. 1102. EVALUATION AND ACCOUNTABILITY.

22 Section 125 of the Foreign Assistance Act of 1961 is

23 amended to read as follows:
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1 ‘‘SEC. 125. EVALUATION AND ACCOUNTABILITY.

2 ‘‘(a) NEED FOR EVALUATION.—In order to effectively

3 and responsibly manage the resources with which it is pro4 vided, the agency primarily responsible for administering

5 this part must have a capacity to evaluate objectively the

6 extent of its progress in achieving development results and

7 to derive lessons from its development experience.

8 ‘‘(b) ACTIONS TO BE TAKEN.—In furtherance of sub9 section (a), the President shall establish a program perform10 ance, monitoring, and evaluation capacity within the agen11 cy primarily responsible for administering this part that

12 will do the following:

13 ‘‘(1) Enhance, through training and other

14 means, the use of program performance, monitoring,

15 and evaluation as a management tool, by both the

16 agency and its counterparts in countries receiving as17 sistance, in the planning, designing, and implementa18 tion of foreign assistance projects and programs.

19 ‘‘(2) Develop a program performance informa20 tion system to afford agency managers at all levels a

21 means for monitoring and assessing achievement of

22 impact and interim performance of the agency’s

23 major programs in support of the strategic manage24 ment of economic assistance.

25 ‘‘(3) Prepare and disseminate objective and peri26 odic reports on the progress of the agency in meeting
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1 development objectives and on lessons learned from its

2 development programs.

3 ‘‘(4) Strengthen the capacity to utilize the find4 ings of program performance, measurement, and eval5 uation in decisions of the agency about program di6 rection and resource allocation.

7 ‘‘(5) Coordinate with the Inspector General of the

8 agency so as to ensure appropriate complementarity

9 of efforts, recognizing that—

10 ‘‘(A) it is the responsibility of the agency to

11 direct a system of performance measurement and

12 independent evaluations of its programs and

13 policies, as well as the operational and manage14 ment systems that affect the development impact

15 of those programs and policies; and

16 ‘‘(B) it is the responsibility of the Inspector

17 General to conduct regular and comprehensive

18 assessments and audits of financial management

19 and administrative systems, including the ade20 quacy of the systems for monitoring and evaluat21 ing agency projects and programs.

22 ‘‘(c) ACCOUNTABILITY.—The President shall prepare

23 an annual report to the Congress as a separate part of the

24 congressional presentation materials of the agency pri-
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1 marily responsible for administering this part. This report

2 shall include the following:

3 ‘‘(1) An assessment of progress toward the

4 achievement of sustainable development objectives,

5 based on the findings of program performance, mon6 itoring, and evaluation studies conducted by the agen7 cy and on such other empirical analyses as may be

8 appropriate.

9 ‘‘(2) An analysis, on a country-by-country basis,

10 of the impact on economic development in each such

11 country during the preceding 3 to 5 fiscal years of

12 United States economic assistance programs, with a

13 discussion of the United States interests that were

14 served by the assistance. Each country receiving eco15 nomic assistance under this part or under the Sup16 port for East European Democracy (SEED) Act of

17 1989 shall be included in such an analysis at least

18 once every 5 years. For each country, the analysis

19 shall—

20 ‘‘(A) describe the specific objectives the

21 United States sought to achieve in providing eco22 nomic assistance, and specify the extent to which

23 those objectives were or were not achieved;

24 ‘‘(B) to the extent possible, be done on a sec25 tor-by-sector basis and identify trends (both fa-
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1 vorable and unfavorable) within each sector and,

2 if relevant, identify any economic policy reforms

3 conducive to sustainable economic growth that

4 were promoted by the assistance and the progress

5 being made by the country in adopting economic

6 policies that foster and enhance the freedom and

7 opportunity of individuals to participate in eco8 nomic growth in the country;

9 ‘‘(C) as part of the context of United States

10 economic assistance, describe the amount and

11 nature of economic assistance provided by other

12 major donors during the preceding 3 to 5 fiscal

13 years, set forth by the development sector to the

14 extent possible; and

15 ‘‘(D) contain statistical and other informa16 tion necessary to evaluate the impact and effec17 tiveness of United States economic assistance on

18 development in the country.’’.

19 TITLE XII—AUTHORIZATIONS FOR

20 FOREIGN ASSISTANCE PROGRAMS

21 SEC. 1201. AUTHORIZATIONS OF APPROPRIATIONS FOR FIS22 CAL YEAR 1994.

23 (a) ECONOMIC ASSISTANCE.—There are authorized to

24 be appropriated for fiscal year 1994 the following amounts

25 for the following purposes:
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1 (1) DEVELOPMENT ASSISTANCE FUND.—

2 $850,000,000 to carry out sections 103 through 106 of

3 the Foreign Assistance Act of 1961.

4 (2) POPULATION, DEVELOPMENT ASSISTANCE.—

5 $395,000,000 to carry out section 104(b) of the For6 eign Assistance Act of 1961.

7 (3) DEVELOPMENT FUND FOR AFRICA.—

8 $900,000,000 to carry out chapter 10 of part I of the

9 Foreign Assistance Act of 1961.

10 (4) INTERNATIONAL DISASTER ASSISTANCE.—

11 $148,965,000 to carry out section 491 of the Foreign

12 Assistance Act of 1961.

13 (5) AMERICAN SCHOOLS AND HOSPITALS.—

14 $35,000,000 to carry out section 214 of the Foreign

15 Assistance Act of 1961.

16 (6) MULTILATERAL ASSISTANCE INITIATIVE FOR

17 THE PHILIPPINES.—$30,000,000 for assistance for the

18 Philippines under chapter 4 of part I of the Foreign

19 Assistance Act of 1961.

20 (7) ASSISTANCE FOR EASTERN EUROPE AND THE

21 BALTIC STATES.—$400,000,000 for economic assist22 ance for Eastern Europe and the Baltic states under

23 the Foreign Assistance Act of 1961 and the Support

24 for East European Democracy (SEED) Act of 1989.
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1 (8) ASSISTANCE FOR THE INDEPENDENT STATES

2 OF THE FORMER SOVIET UNION.—$903,820,000 to

3 carry out chapter 11 of part I of the Foreign Assist4 ance Act of 1961 and to carry out exchanges and

5 training and similar programs under section 807 of

6 the Freedom for Russia and Emerging Eurasian De7 mocracies and Open Markets Support Act of 1992.

8 (9) INTER-AMERICAN FOUNDATION.—$30,960,000

9 to carry out section 401 of the Foreign Assistance Act

10 of 1969.

11 (10) AFRICAN DEVELOPMENT FOUNDATION.—

12 $18,000,000 to carry out the African Development

13 Foundation Act.

14 (11) INTERNATIONAL FUND FOR IRELAND.—

15 $19,600,000 to carry out part I of the Foreign Assist16 ance Act of 1961, which shall be available for the

17 United States contribution to the International Fund

18 for Ireland in accordance with the Anglo-Irish Agree19 ment Support Act of 1986. Amounts appropriated

20 under this paragraph are authorized to remain avail21 able until expended.

22 (b) SECURITY ASSISTANCE.—There are authorized to

23 be appropriated for fiscal year 1994 the following amounts

24 for the following purposes:
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1 (1) FOREIGN MILITARY FINANCING PROGRAM

2 GRANTS.—$3,200,000,000 for grants under section 23

3 of the Arms Export Control Act. Funds made avail4 able under this paragraph shall be nonrepayable not5 withstanding any requirement of that section.

6 (2) FOREIGN MILITARY FINANCING PROGRAM

7 LOANS.—$57,000,000 for the cost (as defined in sec8 tion 502(5) of the Federal Credit Reform Act of 1990)

9 of loans under section 23 of the Arms Export Control

10 Act.

11 (3) ECONOMIC SUPPORT FUND.—$2,424,400,000

12 to carry out chapter 4 of part II of the Foreign

13 Assistance Act of 1961.

14 (4) INTERNATIONAL MILITARY EDUCATION AND

15 TRAINING.—$40,000,000 to carry out chapter 5 of

16 part II of the Foreign Assistance Act of 1961.

17 (5) ANTI-TERRORISM ASSISTANCE.—$15,555,000

18 to carry out chapter 8 of part II of the Foreign

19 Assistance Act of 1961.

20 (6) NONPROLIFERATION AND DISARMAMENT

21 FUND.—$25,000,000 to carry out section 504 of the

22 Freedom for Russia and Emerging Eurasian Democ23 racies and Open Markets Support Act of 1992.
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1 (c) PEACE CORPS.—There are authorized to be appro2 priated $219,745,000 for fiscal year 1994 to carry out the

3 Peace Corps Act.

4 (d) REDUCTION IN PREVIOUSLY ENACTED AUTHOR5 IZATION FOR INTERNATIONAL NARCOTICS CONTROL AS6 SISTANCE.—Section 482(a)(1) of the Foreign Assistance Act

7 of 1961 is amended by striking ‘‘$171,500,000’’ and insert8 ing ‘‘$135,000,000’’.

9 (e) RULE OF CONSTRUCTION.—In order to ensure that

10 all otherwise applicable authorities, restrictions, and other

11 provisions of law apply with respect to the amounts that

12 are authorized to be appropriated by this section for fiscal

13 year 1994, those amounts shall be deemed to be authorized

14 to be appropriated by the provision of the Foreign Assist15 ance Act of 1961 or other Act that provided the correspond16 ing authorization of appropriations for prior fiscal years.

17 SEC. 1202. CHILD SURVIVAL ACTIVITIES AND VITAMIN A DE18 FICIENCY PROGRAM AND RELATED ACTIVI19 TIES.

20 (a) CHILD SURVIVAL ACTIVITIES.—The Congress ex21 pects that not less than $275,000,000 of the funds made

22 available for fiscal year 1994 to carry out part I of the

23 Foreign Assistance Act of 1961 (relating to development

24 and other economic assistance) will be used for child sur25 vival activities.
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1 (b) VITAMIN A DEFICIENCY PROGRAM AND RELATED

2 ACTIVITIES.—The Congress expects that not less than

3 $25,000,000 of the funds made available for fiscal year 1994

4 to carry out sections 103 through 106 of the Foreign Assist5 ance Act of 1961 (relating to development assistance) will

6 be made available for the Vitamin A Deficiency Program

7 and activities relating to iodine deficiency and other micro8 nutrients.

9 SEC. 1203. HOUSING GUARANTEE PROGRAM.

10 (a) AUTHORIZATIONS.—

11 (1) COST OF GUARANTEED LOANS.—There are

12 authorized to be appropriated $16,407,000 for fiscal

13 year 1994 for the cost (as defined in section 502(5)

14 of the Federal Credit Reform Act of 1990) of guaran15 teed loans under sections 221 and 222 of the Foreign

16 Assistance Act of 1961.

17 (2) PROGRAM CEILING.—Section 222(a) of that

18 Act is amended by striking ‘‘$2,558,000,000’’ in the

19 second sentence and inserting ‘‘$3,000,000,000’’.

20 (3) PROGRAM EXPIRATION DATE.—Section

21 222(a) of that Act is amended by striking ‘‘1992’’ in

22 the third sentence and inserting ‘‘1995’’.

23 (4) ADMINISTRATIVE EXPENSES.—(A) There are

24 authorized to be appropriated $8,407,000 for fiscal

25 year 1994 for administrative expenses to carry out
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1 guaranteed loan programs under sections 221 and

2 222 of that Act. Amounts appropriated under this

3 paragraph are authorized to remain available until

4 expended.

5 (B) Amounts appropriated under this paragraph

6 may be transferred to and merged with the appro7 priations for ‘‘Operating Expenses of the Agency for

8 International Development’’.

9 (b) PREFERENTIAL TREATMENT TO PROJECTS IN

10 POORER COUNTRIES.—Section 222 of the Foreign Assist11 ance Act of 1961 is amended—

12 (1) by redesignating subsection (k) as subsection

13 (e); and

14 (2) by inserting after subsection (c) the follow15 ing:

16 ‘‘(d) PREFERENTIAL CONSIDERATION TO PROJECTS IN

17 POORER COUNTRIES.—In issuing guarantees under this

18 section and in carrying out related activities, the President

19 shall give preferential consideration to projects in countries

20 with an annual per capita income of $1,196 or less in 1991

21 United States dollars, and shall restrict guarantees and re22 lated activities for projects in countries with an annual per

23 capita income of $5,190 or more in 1991 United States

24 dollars.’’.

25 (c) FEE INCREASE.—
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1 (1) STUDY.—The administrator of the agency

2 primarily responsible for administering part I of the

3 Foreign Assistance Act of 1961—

4 (A) shall conduct a study to determine the

5 feasibility of increasing the fees charged pursu6 ant to section 223(a) of that Act for guarantees

7 issued under sections 221 and 222 of that Act in

8 an effort to reduce the costs (as defined in section

9 502(5) of the Federal Credit Reform Act of 1990)

10 of the guarantee program; and

11 (B) shall submit the results of this study to

12 the Committee on Foreign Affairs of the House

13 of Representatives and the Committee on Foreign

14 Relations of the Senate not later than 6 months

15 after the date of enactment of this Act.

16 (2) POLICY.—The administrator should increase

17 the fees described in paragraph (1)(A) to the extent

18 determined to be feasible in the study conducted pur19 suant to this subsection.

20 SEC. 1204. OVERSEAS PRIVATE INVESTMENT CORPORA21 TION.

22 (a) PROGRAM AUTHORIZATION OF FISCAL YEAR

23 1995.—Section 235(a) of the Foreign Assistance Act of 1961

24 is amended—
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1 (1) in paragraph (1) by striking

2 ‘‘$9,000,000,000’’ and inserting ‘‘$10,000,000,000’’;

3 (2) in paragraph (2)(A) by striking

4 ‘‘$2,500,000,000’’ and inserting ‘‘$3,500,000,000’’;

5 and

6 (3) in paragraph (2)(B)—

7 (A) by striking ‘‘and’’ at the end of clause

8 (i);

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

10 clause (ii) and inserting ‘‘; and’’; and

11 (C) by inserting after clause (ii) the follow12 ing:

13 ‘‘(iii) to transfer such sums as are necessary

14 from its noncredit account revolving fund to pay

15 for the subsidy cost of a program level for the

16 loan and loan guarantee program under sub17 sections (b) and (c) of section 234 of

18 $1,000,000,000 for fiscal year 1995.’’.

19 (b) TERMINATION DATE.—Section 235(a)(3) of that

20 Act is amended by striking ‘‘1994’’ and inserting ‘‘1995’’.

21 (c) ADMINISTRATIVE EXPENSES.—Section 235(g) of

22 that Act is amended—

23 (1) in paragraph (1) by striking ‘‘and’’;

24 (2) in paragraph (2) by striking the period and

25 inserting ‘‘; and’’; and
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1 (3) by adding at the end the following:

2 ‘‘(3) $15,000,000 for fiscal year 1995.’’.

3 SEC. 1205. SPECIAL DEBT REDUCTION AUTHORITY.

4 (a) AUTHORITY TO REDUCE DEBT.—Notwithstanding

5 any other provision of law (other than the Federal Credit

6 Reform Act of 1990), the President may reduce amounts

7 of principal and interest owed to the United States (or any

8 agency of the United States) by an eligible country as a

9 result of—

10 (1) guarantees issued under sections 221 and 222

11 of the Foreign Assistance Act of 1961; or

12 (2) credits extended or guarantees issued under

13 the Arms Export Control Act.

14 (b) IMPLEMENTATION OF PARIS CLUB DEBT REDUC15 TION.—The authority provided by this section may be exer16 cised only to implement the multilateral official debt relief

17 ad referendum agreements that are commonly referred to

18 as ‘‘Paris Club Agreed Minutes’’.

19 (c) APPROPRIATIONS REQUIREMENT.—The authority

20 provided by this section may be exercised only in such

21 amounts or to such extent as is provided in advance by

22 appropriations Acts in accordance with the requirements

23 of the Federal Credit Reform Act of 1990.
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1 (d) ELIGIBLE COUNTRIES.—For purposes of this sec2 tion, the term ‘‘eligible country’’ means a country that the

3 President determines—

4 (1) has a heavy debt burden; and

5 (2) is eligible to borrow from the International

6 Development Association but not from the Inter7 national Bank for Reconstruction and Development

8 (commonly referred to as an ‘‘IDA-only’’ country).

9 SEC. 1206. SPECIAL DEFENSE ACQUISITION FUND.

10 (a) DECAPITALIZATION.—Notwithstanding section

11 51(b) of the Arms Export Control Act, collections described

12 in that section that are in excess of obligational authority

13 provided in foreign operations, export financing, and

14 related appropriations Acts for fiscal years prior to fiscal

15 year 1994 shall be deposited in the Treasury as miscellane16 ous receipts.

17 (b) AVOIDANCE OF DUPLICATIVE PROVISIONS.—Sub18 section (a) shall not apply if the Foreign Operations, Ex19 port Financing, and Related Programs Appropriations Act,

20 1994, contains an identical requirement.

21 TITLE XIII—REGIONAL PROVISIONS

22 SEC. 1301. SUB-SAHARAN AFRICA DISASTER ASSISTANCE.

23 The Congress expects that not less than $100,000,000

24 of the funds made available for fiscal year 1994 to carry

25 out section 491 of the Foreign Assistance Act of 1961 (relat-
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1 ing to international disaster assistance) will be used for dis2 aster relief, rehabilitation, and reconstruction assistance for

3 sub-Saharan Africa.

4 SEC. 1302. AFRICAN DEVELOPMENT FOUNDATION.

5 (a) CEILING ON ASSISTANCE FOR A PROJECT.—Sec6 tion 505(a)(2) of the African Development Foundation Act

7 is amended by adding at the end the following: ‘‘In excep8 tional circumstances, the board of directors of the Founda9 tion may waive such dollar limitation with respect to a

10 project. Any such waivers shall be reported to the Congress

11 annually.’’.

12 (b) AUTHORITY TO EMPLOY ALIENS.—Section 506(a)

13 of that Act is amended—

14 (1) by redesignating paragraphs (8) through (12)

15 as paragraphs (9) through (13), respectively; and

16 (2) by inserting after paragraph (7) the follow17 ing:

18 ‘‘(8) when determined by the president of the

19 Foundation to be necessary (but subject to the limita20 tion established by paragraph (7) on the number of

21 Foundation employees), may employ persons who are

22 not citizens of the United States notwithstanding any

23 provision of law that would otherwise prohibit the use

24 of appropriated funds to pay the compensation of offi-
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1 cers or employees of the Government who are not citi2 zens of the United States;’’.

3 (c) TRAVEL EXPENSES.—

4 (1) MEMBERS OF BOARD.—Section 507(b) of

5 that Act is amended by striking ‘‘actual and nec6 essary expenses not exceeding $100 per day, and for

7 transportation expenses,’’ and inserting ‘‘travel ex8 penses, including per diem in lieu of subsistence, in

9 accordance with section 5703 of title 5, United States

10 Code,’’.

11 (2) CONFORMING AMENDMENT.—Section

12 507(e)(3) of that Act is amended by striking ‘‘and

13 other expenses’’ and inserting ‘‘expenses, including

14 per diem in lieu of subsistence,’’.

15 (d) INTEREST ACCRUING TO GRANTEES.—

16 (1) AUTHORITY TO RETAIN.—The African Devel17 opment Foundation Act is amended by adding at the

18 end the following:

19 ‘‘SEC. 511. INTEREST ACCRUING TO GRANTEES.

20 ‘‘When, with the permission of the Foundation, funds

21 made available to a grantee under this title are invested

22 pending disbursement, the resulting interest is not required

23 to be deposited in the United States Treasury if the grantee

24 uses the resulting interest for the purpose for which the

25 grant was made.’’.
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1 (2) EFFECTIVE DATE.—The amendment made by

2 paragraph (1) applies to both interest earned before

3 and interest earned after the date of enactment of this

4 Act.

5 SEC. 1303. CONFLICT RESOLUTION INITIATIVE FOR AFRICA.

6 (a) IMPROVING OAU’S CONFLICT RESOLUTION CAPA7 BILITIES.—

8 (1) DESCRIPTION OF ASSISTANCE.—The Presi9 dent is authorized to provide assistance to help estab10 lish a permanent conflict resolution capability within

11 the Organization of African Unity (referred to in this

12 subsection as the ‘‘OAU’’), as follows:

13 (A) Funds may be provided to the OAU for

14 use in supporting its conflict resolution capabil15 ity.

16 (B) Funds may be used for expenses of

17 sending individuals with expertise in conflict

18 resolution (who may include United States Gov19 ernment employees) from the United States to

20 work with the OAU for a period of up to 2 years.

21 (C) Funds may be provided to the OAU to

22 support the establishment and maintenance of an

23 African Conflict Resolution Research Center that

24 is linked to the OAU secretariat.
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1 (2) FUNDING.—Of the funds that are allocated

2 for sub-Saharan Africa, not less than $1,500,000 for

3 each of the fiscal years 1994 through 1998 should be

4 used to carry out paragraph (1), in addition to funds

5 otherwise available for such purpose.

6 (3) REQUIREMENT FOR APPROVAL OF CERTAIN

7 REFORMS.—Assistance may be provided pursuant to

8 this subsection only if the President determines that

9 the OAU has approved and is in the process of imple10 menting the reforms proposed by the Secretary Gen11 eral of the OAU in February 1993 in the Interim Re12 port of the Secretary General on the Mechanisms for

13 Conflict Prevention, Resolution and Management.

14 (b) IMPROVING CONFLICT RESOLUTION CAPABILITIES

15 OF MULTILATERAL SUBREGIONAL ORGANIZATIONS.—

16 (1) TYPES OF ASSISTANCE TO BE PROVIDED.—

17 The President is authorized to provide assistance to

18 help establish permanent conflict resolution capabili19 ties within subregional organizations established by

20 countries in sub-Saharan Africa, as follows:

21 (A) Funds may be provided to such an or22 ganization for use in supporting its conflict reso23 lution capability.

24 (B) Funds may be used for the expenses of

25 sending individuals with expertise in conflict
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1 resolution (who may include United States Gov2 ernment employees) from the United States to

3 work with such an organization for a period of

4 up to 2 years.

5 (2) FUNDING.—Of the funds that are allocated

6 for sub-Saharan Africa under chapter 4 of part II of

7 the Foreign Assistance Act of 1961 (relating to the

8 economic support fund), up to $1,500,000 for each of

9 the fiscal years 1994 through 1998 may be used to

10 carry out paragraph (1).

11 (c) AFRICAN DEMOBILIZATION AND RETRAINING PRO12 GRAM.—

13 (1) IN GENERAL.—In order to facilitate reduc14 tions in the size of the armed forces of countries of

15 sub-Saharan Africa, the President is authorized to

16 provide assistance for—

17 (A) encampment and related activities asso18 ciated with demobilization of such forces, and

19 (B) the retraining for civilian occupations

20 of military personnel who have been demobilized.

21 (2) FUNDING.—(A) Of the funds that are allo22 cated for sub-Saharan Africa under chapter 4 of part

23 II of the Foreign Assistance Act of 1961 (relating to

24 the economic support fund) and under the ‘‘Foreign

25 Military Financing Program’’ account under section
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1 23 of the Arms Export Control Act, $10,000,000 for

2 fiscal year 1994 should be used for the assistance de3 scribed in paragraph (1)(A).

4 (B) A portion of the funds made available for

5 fiscal year 1994 to carry out chapter 10 of part I of

6 the Foreign Assistance Act of 1961 (relating to the

7 Development Fund for Africa) may be used for the

8 assistance described in paragraph (1)(B).

9 (d) IMET CONFLICT RESOLUTION PROGRAM.—Chap10 ter 5 of part II of the Foreign Assistance Act of 1961 is

11 amended by adding at the end the following:

12 ‘‘SEC. 546. CONFLICT RESOLUTION PROGRAM FOR AFRICA.

13 ‘‘In addition to the other education and training ac14 tivities carried out under this chapter, the President is au15 thorized to establish a program to provide education and

16 training in conflict resolution for civilian and military per17 sonnel of countries in sub-Saharan Africa.’’.

18 SEC. 1304. SADC PROJECTS.

19 (a) WAIVER OF BROOKE AMENDMENT.—Section

20 620(q) of the Foreign Assistance Act of 1961 and the cor21 responding section of the Foreign Operations, Export Fi22 nancing, and Related Programs Appropriations Act, 1994,

23 shall not apply with respect to assistance provided for fiscal

24 year 1994 under section 496(o) of the Foreign Assistance

25 Act of 1961 (relating to support for SADC projects).
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1 (b) TECHNICAL AMENDMENT.—Section 496(o) of the

2 Foreign Assistance Act of 1961 is amended—

3 (1) in the subsection heading by striking

4 ‘‘SADCC’’ and inserting ‘‘SADC’’; and

5 (2) in paragraph (1) by striking ‘‘Coordination

6 Conference (SADCC)’’ and inserting ‘‘Community

7 (SADC)’’.

8 SEC. 1305. SOUTH AFRICA.

9 (a) REMOVAL OF CEILINGS ON GRANTS FOR HUMAN

10 RIGHTS PROJECTS.—Section 116 of Foreign Assistance Act

11 of 1961 is amended—

12 (1) by repealing subparagraphs (C) and (D) of

13 subsection (e)(2); and

14 (2) in subsection (f)—

15 (A) by repealing paragraph (2), and

16 (B) by striking ‘‘(f)(1)’’ and inserting ‘‘(f)’’

17 and by redesignating subparagraphs (A) through

18 (E) as paragraphs (1) through (5), respectively.

19 (b) EXCEPTION TO LIMITATION ON ASSISTANCE RE20 CIPIENTS.—

21 (1) ASSISTANCE UNDER SECTION 116.—Section

22 116(e)(2)(B) of that Act is amended—

23 (A) in the fourth sentence, by striking ‘‘or

24 to organizations financed or controlled by the

25 Government of South Africa’’; and
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1 (B) by adding at the end the following: ‘‘A

2 nongovernmental organization financed or con3 trolled by the Government of South Africa that

4 meets the criteria specified in this subparagraph

5 may receive assistance under this paragraph

6 only if the President determines that (i) the ac7 tivities of that organization further the purposes

8 of the establishment of a non-racial democratic

9 state in South Africa, (ii) the provision of assist10 ance to that organization will further the objec11 tive of this paragraph to assist disadvantaged

12 South Africans, and (iii) the Government of

13 South Africa is continuing to make progress to14 ward dismantling apartheid and establishing a

15 nonracial democracy. Before making such deter16 minations, the President shall consult with the

17 appropriate congressional committees and with

18 South African organizations that are representa19 tive of the majority population of South Africa

20 and should seek a commitment from the Govern21 ment of South Africa that it will provide addi22 tional resources to meet the needs of disadvan23 taged South Africans. As used in the preceding

24 sentence, the term ‘appropriate congressional

25 committees’ means the Committee on Foreign Af-
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1 fairs and the Committee on Appropriations of

2 the House of Representatives and the Committee

3 on Foreign Relations and the Committee on Ap4 propriations of the Senate.’’.

5 (2) ASSISTANCE UNDER SECTION 117.—Section

6 117 of that Act (as added by section 201(b) of the

7 Comprehensive Anti-Apartheid Act of 1986) is

8 amended by adding at the end the following: ‘‘In ad9 dition, a nongovernmental organization that meets

10 the criteria specified in the first 2 sentences of this

11 section but receives funds from the Government of

12 South Africa may receive assistance under this sec13 tion if the President determines that such organiza14 tion meets the requirements of the 5th sentence of sec15 tion 116(e)(2)(B), and such determination is made in

16 accordance with the 6th sentence of such section.’’.

17 SEC. 1306. SUDAN.

18 (a) STATEMENT OF THE CONGRESS.—The Congress—

19 (1) strongly condemns the Government of Sudan

20 for its severe human rights abuses and calls upon that

21 government to improve human rights conditions

22 throughout the country;

23 (2) deplores the internecine fighting among the

24 factions of the Sudanese People’s Liberation Army;
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1 (3) urges the Government of Sudan and the fac2 tions of the Sudanese People’s Liberation Army to

3 provide full access for and to cooperate with relief or4 ganizations;

5 (4) encourages the Government of Sudan to lift

6 the press ban which was imposed after it took power

7 in June 1989; and

8 (5) calls on the Government of Sudan to estab9 lish a democratic system.

10 (b) RESTRICTIONS ON ASSISTANCE.—Except as pro11 vided in subsection (c), assistance may not be provided for

12 Sudan for fiscal year 1994—

13 (1) under chapter 1 or chapter 10 of part I of

14 the Foreign Assistance Act of 1961 (relating to devel15 opment assistance and the Development Fund for Af16 rica),

17 (2) under chapter 4 of part II of that Act (relat18 ing to the economic support fund),

19 (3) under chapter 5 of part II of that Act (relat20 ing to international military education and train21 ing), or

22 (4) from the ‘‘Foreign Military Financing Pro23 gram’’ account under section 23 of the Arms Export

24 Control Act.

25 (c) WAIVER OF RESTRICTIONS.—
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1 (1) AUTHORIZATION.—The President may waive

2 the prohibitions in subsection (b) if the President de3 termines, and reports in accordance with paragraph

4 (2), that there is substantial progress in southern

5 Sudan toward respecting human rights, resolving the

6 conflict in that region, establishing a democratically

7 elected government, and establishing a reformed and

8 independent judiciary system.

9 (2) CONGRESSIONAL REVIEW OF DETERMINA10 TION.—A determination under paragraph (1) shall

11 not become effective until 15 days after it is reported

12 to the congressional committees specified in section

13 634A(a) of the Foreign Assistance Act of 1961 in ac14 cordance with the procedures applicable to

15 reprogramming notifications under that section.

16 SEC. 1307. ZAIRE.

17 (a) STATEMENT OF THE CONGRESS.—The Congress—

18 (1) strongly condemns the disruptive measures

19 taken by President Mobutu in recent months, and

20 holds President Mobutu responsible for the current po21 litical crisis in Zaire;

22 (2) stresses the importance of a successful transi23 tion to democracy in Zaire;

24 (3) urges the President of the United States to

25 pressure President Mobutu to leave Zaire so that the
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1 legitimate transitional government can proceed with

2 the process of democratization as mandated by the

3 Sovereign National Conference;

4 (4) urges the President of the United States to

5 impose, in conjunction with our allies, a variety of

6 sanctions on President Mobutu, including—

7 (A) freezing the bank accounts of President

8 Mobutu, his family and associates;

9 (B) denying visas to President Mobutu, his

10 family and associates; and

11 (C) expelling Mobutu’s ambassador;

12 (5) congratulates the people of Zaire for their

13 courageous support of democracy in the face of power14 ful opposition; and

15 (6) expresses its readiness to explore further

16 ways of providing support for democracy and politi17 cal pluralism in Zaire.

18 (b) RESTRICTIONS ON ASSISTANCE.—

19 (1) SECURITY ASSISTANCE.—Except as provided

20 in subsection (c), assistance may not be provided for

21 Zaire for fiscal year 1994—

22 (A) under chapter 4 of part II of the For23 eign Assistance Act of 1961 (relating to the eco24 nomic support fund),
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1 (B) under chapter 5 of part II of that Act

2 (relating to international military education

3 and training), or

4 (C) from the ‘‘Foreign Military Financing

5 Program’’ account under section 23 of the Arms

6 Export Control Act.

7 (2) DEVELOPMENT ASSISTANCE.—Except as pro8 vided in subsection (c), assistance under chapter 1 or

9 chapter 10 of part I of the Foreign Assistance Act of

10 1961 (relating to development assistance and the De11 velopment Fund for Africa) for fiscal year 1994 shall

12 not be transferred to the Government of Zaire. This

13 paragraph does not prohibit nongovernmental organi14 zations from working with appropriate ministries or

15 departments of the Government of Zaire.

16 (c) WAIVER WHEN THE DEMOCRATIC PROCESS IS RE17 STORED.—

18 (1) AUTHORIZATION.—The President may waive

19 the prohibitions in subsection (b) if the President de20 termines, and reports in accordance with paragraph

21 (2), that democracy has been restored in Zaire, that

22 President Mobutu is no longer a threat to the elected

23 government, and that the elected government is com24 mitted to bringing about freedom of expression for the

25 people of Zaire, a reformed and independent judici-
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1 ary, and reform of, and applications of the rule of

2 law to, Zaire security forces.

3 (2) CONGRESSIONAL REVIEW OF DETERMINA4 TION.—A determination under paragraph (1) shall

5 not become effective until 15 days after it is reported

6 to the congressional committees specified in section

7 634A(a) of the Foreign Assistance Act of 1961 in ac8 cordance with the procedures applicable to

9 reprogramming notifications under that section.

10 SEC. 1308. AFGHANISTAN HUMANITARIAN ASSISTANCE.

11 (a) AUTHORIZATION.—Funds described in subsection

12 (c) may be made available for the provision of food, medi13 cine, or other humanitarian assistance to the Afghan people

14 notwithstanding any other provision of law.

15 (b) ASSISTANCE FOR AFGHAN WOMEN AND GIRLS.—

16 In carrying out this section, the administrator of the agency

17 primarily responsible for carrying out part I of the Foreign

18 Assistance Act of 1961 shall ensure that an equitable por19 tion of the funds is made available to benefit Afghan women

20 and girls, particularly in programs in refugee camps in

21 Pakistan and in reconstruction projects in Afghanistan.

22 (c) FUNDING.—Up to $20,000,000 of the aggregate

23 amount of funds made available for fiscal year 1994 to

24 carry out chapter 1 of part I of the Foreign Assistance Act

25 of 1961 (relating to development assistance) and chapter
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1 4 of part II of that Act (relating to the economic support

2 fund) may be used pursuant to this section.

3 SEC. 1309. MULTILATERAL ASSISTANCE INITIATIVE FOR

4 THE PHILIPPINES.

5 Part I of the Foreign Assistance Act of 1961 is amend6 ed by inserting after chapter 3 the following:

7 ‘‘Chapter 4—Multilateral Assistance Initiative for the

8 Philippines

9 ‘‘SEC. 401. AUTHORIZATION OF ASSISTANCE.

10 ‘‘(a) AUTHORIZATION.—The President is authorized to

11 provide economic assistance for the Philippines under the

12 ‘Multilateral Assistance Initiative’ account. Such assistance

13 shall be provided on such terms and conditions as the Presi14 dent may determine.

15 ‘‘(b) AUTHORIZATION FOR EXTENDED PERIOD OF

16 AVAILABILITY.—Amounts appropriated to carry out this

17 chapter are authorized to remain available until ex18 pended.’’.

19 SEC. 1310. ASSISTANCE FOR EASTERN EUROPE AND THE

20 BALTICS.

21 (a) ECONOMIC ASSISTANCE.—Section 3 of the Support

22 for East European Democracy (SEED) Act of 1989 is

23 amended—

24 (1) by redesignating subsection (c) as subsection

25 (e); and
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1 (2) by inserting after subsection (b) the follow2 ing:

3 ‘‘(c) INAPPLICABILITY OF RESTRICTIONS AND RE4 QUIREMENTS.—Assistance provided for an East European

5 country under this Act or under part I of the Foreign As6 sistance Act of 1961 may be provided notwithstanding any

7 other provision of law, other than section 634A(a) of that

8 Act. Section 634A(a) of that Act shall also apply to funds

9 made available to carry out this Act.

10 ‘‘(d) AUTHORIZATION FOR EXTENDED PERIOD OF

11 AVAILABILITY.—Amounts appropriated for economic assist12 ance for East European countries under this Act or the For13 eign Assistance Act of 1961 are authorized to remain avail14 able until expended.’’.

15 (b) ASSISTANCE FOR VICTIMS OF WAR CRIMES IN THE

16 FORMER YUGOSLAVIA.—Assistance provided under section

17 491 of the Foreign Assistance Act of 1961 (relating to inter18 national disaster assistance) and assistance provided under

19 the Migration and Refugee Assistance Act of 1962 may in20 clude assistance for the victims of torture, rape, and other

21 war crimes stemming from the conflict in the former Yugo22 slavia and for the families of such victims (especially chil23 dren), with a particular focus on victims of the war in

24 Bosnia-Herzegovina. Such assistance may include activities

25 such as—
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1 (1) the provision (in the United States or

2 abroad)—

3 (A) of medical, psychological, and psy4 chiatric care and crisis counseling for such vic5 tims and their families, and

6 (B) of training of individuals in the former

7 Yugoslavia to provide such care and counseling;

8 and

9 (2) the procurement of necessary medical and

10 training supplies.

11 (c) CORRECTION OF REFERENCE.—Subsection (e) of

12 section 3 of the Support for East European Democracy

13 (SEED) Act of 1989, as so redesignated by subsection (a)

14 of this section, is amended—

15 (1) by striking ‘‘and Slovak Federal’’; and

16 (2) by inserting ‘‘the Slovak Republic,’’ after

17 ‘‘Romania,’’.

18 SEC. 1311. ASSISTANCE FOR THE INDEPENDENT STATES OF

19 THE FORMER SOVIET UNION.

20 (a) CUBA.—

21 (1) SENSE OF THE CONGRESS.—It is the sense of

22 the Congress that—

23 (A) the acts of the Castro government, in24 cluding its massive, systematic, and extraor-
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1 dinary violations of human rights, are a threat

2 to international peace;

3 (B) the President should advocate, and

4 should instruct the United States Representatives

5 to the United Nations to support and consult

6 with members of the Security Council with re7 spect to, a mandatory international embargo

8 against the totalitarian government of Cuba pur9 suant to Chapter VII of the Charter of the

10 United Nations, which is similar to consulta11 tions being conducted by United States Rep12 resentatives with respect to Haiti; and

13 (C) any resumption of efforts by any inde14 pendent state of the former Soviet Union to make

15 the nuclear facility at Cienfuegos, Cuba, oper16 ational will have a serious impact on United

17 States assistance to such state.

18 (2) REPORTING REQUIREMENT.—The President

19 shall submit to the Congress, not later than 90 days

20 after the date of enactment of this Act, a report de21 tailing progress towards the withdrawal of personnel

22 of any independent state of the former Soviet Union

23 (including advisors, technicians, and military person24 nel) from the Cienfuegos nuclear facility in Cuba.
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1 (3) CRITERIA FOR ASSISTANCE.—Section

2 498A(a)(11) of the Foreign Assistance Act of 1961 is

3 amended by striking ‘‘of military facilities’’ and in4 serting ‘‘the military and nuclear facilities at

5 Lourdes and Cienfuegos’’.

6 (4) INELIGIBILITY FOR ASSISTANCE.—(A) Sec7 tion 498A(b) of that Act is amended—

8 (i) by striking ‘‘or’’ at the end of paragraph

9 (4);

10 (ii) by redesignating paragraph (5) as

11 paragraph (6); and

12 (iii) by inserting after paragraph (4) the

13 following:

14 ‘‘(5) for the government of any independent state

15 that the President determines is providing assistance

16 for, or engaging in nonmarket based trade (as defined

17 in section 498B(m)(3)) with, the Government of

18 Cuba; or’’.

19 (B) Subsection (m) of section 498B of that Act,

20 as so redesignated by subsections (d) and (e) of this

21 section, is amended by adding at the end the follow22 ing:

23 ‘‘(3) NONMARKET BASED TRADE.—As used in

24 section 498A(b)(5), the term ‘nonmarket based trade’

25 includes exports, imports, exchanges, or other ar-
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1 rangements that are provided for goods and services

2 (including oil and other petroleum products) on terms

3 more favorable than those generally available in ap4 plicable markets or for comparable commodities, in5 cluding—

6 ‘‘(A) exports to the Government of Cuba on

7 terms that involve a grant, concessional price,

8 guaranty, insurance, or subsidy;

9 ‘‘(B) imports from the Government of Cuba

10 at preferential tariff rates; and

11 ‘‘(C) exchange arrangements that include

12 advance delivery of commodities, arrangements

13 in which the Government of Cuba is not held ac14 countable for unfulfilled exchange contracts, and

15 arrangements under which Cuba does not pay

16 appropriate transportation, insurance, or fi17 nance costs.’’.

18 (b) TRANSFERS OF SOPHISTICATED CONVENTIONAL

19 WEAPONS TO IRAN.—Section 498A(b)(3) of that Act is

20 amended—

21 (1) in the text preceding subparagraph (A), by

22 striking ‘‘to another country’’;

23 (2) in subparagraph (A)—

24 (A) by inserting ‘‘to another country’’ after

25 ‘‘missiles or missile technology’’; and
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1 (B) by striking ‘‘or’’ at the end of such sub2 paragraph;

3 (3) in subparagraph (B)—

4 (A) by inserting ‘‘to another country’’ after

5 ‘‘any material, equipment, or technology’’; and

6 (B) by ‘‘or’’ at the end of such subpara7 graph; and

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

9 ‘‘(C) sophisticated conventional weapons to

10 Iran in numbers and types that are destabiliz11 ing;’’.

12 (c) AUTHORITY TO WAIVE CERTAIN RESTRICTIONS.—

13 Section 498B(j)(1) of that Act is amended—

14 (1) by inserting ‘‘or 1994’’ after ‘‘1993’’ both

15 places it appears; and

16 (2) by striking ‘‘by this chapter’’ and inserting

17 ‘‘to carry out this chapter’’.

18 (d) ASSISTANCE IN EXCHANGE FOR COMMODITIES.—

19 (1) AUTHORIZATION.—Section 498B of that Act

20 is amended—

21 (A) by redesignating subsection (k) as sub22 section (l); and

23 (B) by inserting after subsection (j) the fol24 lowing:
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1 ‘‘(k) ASSISTANCE IN EXCHANGE FOR COMMODITIES.—

2 The President is authorized to provide assistance under this

3 chapter in exchange for materials or commodities, including

4 any strategic material and any commodity the inter5 national supply of which is in such excess as to jeopardize

6 United States production of such commodity.’’.

7 (2) STUDY OF RESOURCES IN INDEPENDENT

8 STATES.—The President shall conduct a study of—

9 (A) the resources in each of the independent

10 states of the former Soviet Union and the pro11 spective revenues from the production and sale of

12 such resources;

13 (B) the possible use of barter or exchange of

14 such resources as methods of reimbursement for

15 assistance provided to such states under chapter

16 11 of part I of the Foreign Assistance Act of

17 1961; and

18 (C) the collateralization of loan and invest19 ment guarantees provided by the United States

20 Government for project financing in such states

21 using the resources or prospective revenues from

22 the production and sale of such resources.

23 (3) REPORTS.—The President shall submit to the

24 relevant congressional committees the following re25 ports:
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1 (A) Periodic reports describing the status of

2 negotiations between the United States and any

3 independent state of the former Soviet Union re4 lating to agreements for reimbursement of assist5 ance provided to such state under chapter 11 of

6 part I of the Foreign Assistance Act of 1961.

7 (B) A report containing the results of the

8 study conducted pursuant to paragraph (2), in9 cluding the names of those independent states of

10 the former Soviet Union capable of providing

11 eventual reimbursement of assistance provided to

12 such states under that chapter. Such report shall

13 be submitted not later than June 30, 1994.

14 (4) DEFINITIONS.—For purposes of this sub15 section, the following definitions apply:

16 (A) RELEVANT CONGRESSIONAL COMMIT17 TEES.—The term ‘‘relevant congressional com18 mittees’’ means the Committee on Foreign Af19 fairs of the House of Representatives and the

20 Committee on Foreign Relations of the Senate.

21 (B) RESOURCES.—The term ‘‘resources’’ in22 cludes commodities, raw materials (including

23 necessary or strategic raw materials, as defined

24 in section 663(a) of the Foreign Assistance Act

25 of 1961), and other valuable materials.
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1 (e) IMPROVING MONITORING OF ECONOMIC PERFORM2 ANCE IN THE INDEPENDENT STATES.—Section 498B of that

3 Act, as amended by subsection (d)(1) of this section, is fur4 ther amended—

5 (1) by redesignating subsection (l) as subsection

6 (m); and

7 (2) by inserting after subsection (k) the follow8 ing:

9 ‘‘(l) IMPROVING MONITORING OF ECONOMIC PERFORM10 ANCE IN THE INDEPENDENT STATES.—Assistance under

11 section 498 shall include training and other technical as12 sistance to develop capabilities to monitor economic per13 formance in the independent states of the former Soviet

14 Union through the collection, analysis, and dissemination

15 of economic statistical data.’’.

16 SEC. 1312. ASSISTANCE FOR MONGOLIA.

17 The President is authorized to use funds made avail18 able to carry out chapter 11 of part I of the Foreign Assist19 ance Act of 1961 (relating to assistance for the independent

20 states of the former Soviet Union) to provide assistance for

21 Mongolia in accordance with the same authorities, restric22 tions, and other provisions that are applicable to assistance

23 under that chapter for independent states of the former So24 viet Union.
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1 SEC. 1313. TERMINATION OF IMET PROGRAM FOR MALTA.

2 Funds made available for fiscal year 1994 to carry out

3 chapter 5 of part II of the Foreign Assistance Act of 1961

4 (relating to the international military education and train5 ing program) may not be obligated for Malta.

6 SEC. 1314. ADMINISTRATION OF JUSTICE AND OTHER LAW

7 ENFORCEMENT ASSISTANCE PROGRAMS FOR

8 LATIN AMERICA AND THE CARIBBEAN.

9 (a) EXTENSION OF PROGRAM AUTHORITY.—Section

10 534 of the Foreign Assistance Act of 1961 is amended by

11 striking the last sentence of subsection (e) and by inserting

12 after subsection (e) the following:

13 ‘‘(f) The authority of this section shall expire on Sep14 tember 30, 1994.’’.

15 (b) ELIMINATION OF PROGRAM CEILINGS.—Section

16 534 of that Act is amended—

17 (1) by repealing the second sentence of subsection

18 (e); and

19 (2) by amending subsection (c) to read as fol20 lows:

21 ‘‘(c) Funds made available to carry out this chapter

22 may be used to provide assistance under this section.’’.

23 (c) PROTECTION OF PARTICIPANTS IN JUDICIAL

24 CASES.—Section 534(b)(3) of that Act is amended—

25 (1) by redesignating subparagraphs (C) and (D)

26 as subparagraphs (D) and (E), respectively; and
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1 (2) by inserting after subparagraph (B) the fol2 lowing:

3 ‘‘(C) programs to enhance protection of par4 ticipants in judicial cases;’’.

5 (d) SPECIAL AUTHORITIES FOR CERTAIN COUN6 TRIES.—Funds made available for fiscal year 1994 to carry

7 out section 534 of that Act may be used, notwithstanding

8 section 660 of that Act, to provide assistance as follows:

9 (1) PANAMA.—Up to $10,000,000 may be made

10 available for Panama for the following:

11 (A) Technical assistance, training, and

12 commodities with the objective of creating a pro13 fessional civilian police force, except that assist14 ance under this subparagraph—

15 (i) shall not include more than

16 $5,000,000 for the procurement of equip17 ment for law enforcement purposes, and

18 (ii) shall not include lethal equipment.

19 (B) Programs to improve penal institutions

20 and the rehabilitation of offenders, which may

21 include programs that are not conducted through

22 multilateral or regional institutions.

23 (2) EL SALVADOR.—Funds allocated for El Sal24 vador may be used for law enforcement assistance in
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1 a manner consistent with the Salvadoran Peace Ac2 cords.

3 SEC. 1315. WAIVER OF BROOKE AMENDMENT FOR NICA4 RAGUA.

5 Section 620(q) of the Foreign Assistance Act of 1961

6 and the corresponding section of the Foreign Operations,

7 Export Financing, and Related Programs Appropriations

8 Act, 1994, shall not apply to funds made available for fiscal

9 year 1994 for any assistance for Nicaragua under the For10 eign Assistance Act of 1961 or the Arms Export Control

11 Act.

12 SEC. 1316. SPECIAL NOTIFICATION REQUIREMENTS FOR

13 GUATEMALA AND PERU.

14 Funds made available for fiscal year 1994 to carry out

15 the Foreign Assistance Act of 1961 or for the ‘‘Foreign Mili16 tary Financing Program’’ account under section 23 of the

17 Arms Export Control Act may not be obligated for assist18 ance for Guatemala or Peru unless the congressional com19 mittees specified in section 634A(a) of the Foreign Assist20 ance Act of 1961 are notified at least 15 days in advance

21 in accordance with the reprogramming procedures applica22 ble under that section.

23 SEC. 1317. ASSISTANCE FOR THE MIDDLE EAST.

24 (a) ISRAEL.—
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1 (1) ECONOMIC SUPPORT FUND.—Of the amounts

2 made available for fiscal year 1994 for assistance

3 under chapter 4 of part II of the Foreign Assistance

4 Act of 1961, not less than $1,200,000,000 shall be

5 available only for Israel. Such funds shall be avail6 able on a grant basis as a cash transfer and shall be

7 disbursed in accordance with paragraph (3).

8 (2) FOREIGN MILITARY FINANCING.—(A) Of the

9 amounts made available for fiscal year 1994 for as10 sistance under the ‘‘Foreign Military Financing Pro11 gram’’ account under section 23 of the Arms Export

12 Control Act, not less than $1,800,000,000 shall be

13 available only for Israel.

14 (B) To the extent that the Government of Israel

15 requests that funds be used for such purposes, funds

16 made available for Israel pursuant to this paragraph

17 shall, as agreed by Israel and the United States, be

18 available for advanced fighter aircraft programs or

19 for other advanced weapons systems, as follows:

20 (i) Up to $150,000,000 shall be available for

21 research and development in the United States.

22 (ii) Not less than $475,000,000 shall be

23 available for the procurement in Israel of defense

24 articles and defense services, including research

25 and development.
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1 (3) EARLY DISBURSEMENT.—The assistance pro2 vided for Israel pursuant to paragraphs (1) and (2)

3 shall be disbursed within 30 days after the date of en4 actment of the Foreign Operations, Export Financ5 ing, and Related Programs Appropriations Act, 1994,

6 or by October 31, 1993, whichever is later.

7 (b) EGYPT.—

8 (1) ECONOMIC SUPPORT FUND.—Of the amounts

9 made available for fiscal year 1994 for assistance

10 under chapter 4 of part II of the Foreign Assistance

11 Act of 1961, not less than $815,000,000 shall be avail12 able only for Egypt.

13 (2) FOREIGN MILITARY FINANCING.—Of the

14 amounts made available for fiscal year 1994 for as15 sistance under the ‘‘Foreign Military Financing Pro16 gram’’ account under section 23 of the Arms Export

17 Control Act, not less than $1,300,000,000 shall be

18 available only for Egypt.

19 (c) COOPERATIVE DEVELOPMENT PROJECTS.—Of the

20 amounts made available for fiscal year 1994 to carry out

21 chapter 4 of part II of the Foreign Assistance Act of 1961

22 (relating to the economic support fund), not less than

23 $10,000,000 shall be available only for cooperative projects

24 among the United States, Israel, and developing countries,

25 including projects under the Cooperative Development Pro-
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1 gram, cooperative development research projects, and coop2 erative projects among the United States and Israel and

3 the countries of Eastern Europe, the Baltic states, and the

4 independent states of the former Soviet Union.

5 (d) MIDDLE EAST REGIONAL COOPERATIVE PRO6 GRAMS.—Of the amounts made available for fiscal year

7 1994 to carry out chapter 4 of part II of the Foreign Assist8 ance Act of 1961 (relating to the economic support fund),

9 not less than $7,000,000 shall be available only for Middle

10 East regional cooperative programs carried out in accord11 ance with section 202(c) of the International Security and

12 Development Cooperation Act of 1985.

13 SEC. 1318. MILITARY DRAWDOWN FOR ISRAEL.

14 Section 599B(a) of the Foreign Operations, Export Fi15 nancing, and Related Programs Appropriations Act, 1991,

16 is amended by inserting ‘‘and fiscal year 1994’’ after ‘‘fiscal

17 year 1993’’.

18 TITLE XIV—PROVISIONS RELATING TO

19 ARMS TRANSFERS

20 SEC. 1401. COMPETITIVE PRICING FOR SALES OF DEFENSE

21 ARTICLES AND SERVICES.

22 (a) COSTING BASIS.—Section 22 of the Arms Export

23 Control Act is amended by adding at the end the following:

24 ‘‘(d) COMPETITIVE PRICING.—Procurement contracts

25 made in implementation of sales under this section for de-
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1 fense articles and defense services wholly paid from funds

2 made available on a nonrepayable basis shall be priced on

3 the same costing basis with regard to profit, overhead, inde4 pendent research and development, bid and proposal, and

5 other costing elements, as is applicable to procurements of

6 like items purchased by the Department of Defense for its

7 own use.’’.

8 (b) EFFECTIVE DATE AND IMPLEMENTING REGULA9 TIONS.—The amendment made by subsection (a)—

10 (1) shall be effective as of the 60th day following

11 the date of the enactment of this section;

12 (2) shall be applicable only to contracts made in

13 implementation of sales made after such effective date;

14 and

15 (3) shall be implemented by revised procurement

16 regulations, which shall be issued prior to such effec17 tive date.

18 SEC. 1402. INCREASE IN AGGREGATE CEILING ON TRANS19 FERS OF EXCESS DEFENSE ARTICLES.

20 Effective October 1, 1993, section 31(d) of the Arms

21 Export Control Act is amended by striking ‘‘$250,000,000’’

22 and inserting ‘‘$375,000,000’’.
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1 SEC. 1403. ELIGIBILITY OF EAST EUROPEAN COUNTRIES TO

2 RECEIVE NONLETHAL EXCESS DEFENSE ARTI3 CLES.

4 (a) IN GENERAL.—Section 519(a) of the Foreign As5 sistance Act of 1961 is amended by inserting ‘‘or to any

6 East European country (as defined in section 3 of the Sup7 port for East European Democracy (SEED) Act of 1989)

8 other than an East European country that is prohibited

9 from receiving assistance under that Act’’ after ‘‘in which

10 the transfer is authorized’’.

11 (b) CONFORMING AMENDMENT.—Section 906(a) of the

12 Freedom for Russia and Emerging Eurasian Democracies

13 and Open Markets Support Act of 1992 is amended—

14 (1) by striking paragraph (2);

15 (2) by striking ‘‘eligible—’’ through ‘‘(1) to pur16 chase’’ and inserting ‘‘eligible to purchase’’;

17 (3) by redesignating subparagraphs (A) and (B)

18 as paragraphs (1) and (2), respectively, and by

19 resetting their left margins on a 2-em indentation;

20 and

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

22 (2), as so redesignated, and inserting a period.
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1 SEC. 1404. EXCEPTION TO PAYMENT OF FULL COST FOR

2 SALES OF DEFENSE TRAINING SERVICES TO

3 CERTAIN COUNTRIES AND INTERNATIONAL

4 ORGANIZATIONS.

5 Section 21(a) of the Arms Export Control Act is

6 amended—

7 (1) in paragraph (1)(C)—

8 (A) by inserting ‘‘(i)’’ after ‘‘sold to’’,

9 (B) by inserting ‘‘or (ii) a purchaser de10 scribed in paragraph (3)’’ after ‘‘Act of 1961’’,

11 and

12 (C) by striking ‘‘such assistance’’ and in13 serting ‘‘such training’’; and

14 (2) by adding after paragraph (2) the following:

15 ‘‘(3) Clause (ii) of paragraph (1)(C) applies in the case

16 of a purchaser of training under this section if the President

17 notifies the Committee on Appropriations, the Committee

18 on Armed Services, and the Committee on Foreign Rela19 tions of the Senate and the Committee on Appropriations,

20 the Committee on Armed Services, and the Committee on

21 Foreign Affairs of the House of Representatives, in accord22 ance with the regular notification procedures of those com23 mittees, at least 15 days before issuing a letter of offer to

24 sell such training. Such notification shall include a descrip25 tion of any reciprocal benefits that the United States Gov-
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1 ernment will receive in exchange for the sale of such train2 ing on less than a full cost basis.’’.

3 SEC. 1405. ELIGIBILITY OF MAJOR NON-NATO ALLIES TO RE4 CEIVE CERTAIN CONTRACT SERVICES IN CON5 NECTION WITH SALES OF DEFENSE ARTICLES

6 AND SERVICES.

7 (a) AUTHORIZATION.—Section 21(h) of the Arms Ex8 port Control Act is amended—

9 (1) in paragraph (1)(A), by inserting ‘‘or which

10 is a major non-NATO ally’’ after ‘‘Treaty Organiza11 tion’’;

12 (2) in paragraph (2), by striking ‘‘if that Orga13 nization or member government’’ and inserting ‘‘or to

14 any major non-NATO ally, if that Organization,

15 member government, or major non-NATO ally’’; and

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

17 ‘‘(3) As used in this subsection, the term ‘major non18 NATO ally’ has the meaning given such term in section

19 2350a(i)(3) of title 10, United States Code.’’.

20 (b) EFFECTIVE DATE.—Notwithstanding section

21 21(h)(1) of that Act, the amendment made by subsection

22 (a)(1) applies with respect to contracts and subcontracts en23 tered into after the date of enactment of this Act.
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1 SEC. 1406. ADDITIONS TO WAR RESERVE STOCKPILES FOR

2 ALLIES.

3 Section 514(b)(2) of the Foreign Assistance Act of 1961

4 is amended by adding at the end the following: ‘‘Except

5 as provided in the last two sentences of this paragraph, the

6 value of such additions to stockpiles in foreign countries

7 in fiscal year 1994 shall not exceed $72,000,000, which shall

8 be for stockpiles in the Republic of Korea. In addition, to

9 the extent that the authority of the first sentence of this

10 paragraph has not been exercised with respect to Israel in

11 fiscal year 1993, that authority may be exercised during

12 fiscal year 1994 except that the aggregate value of such ad13 ditions for Israel in both such fiscal years may not exceed

14 $200,000,000. Defense articles having an aggregate value of

15 not to exceed $20,000,000 may be added to stockpiles in

16 Thailand in fiscal years 1993 and 1994.’’.

17 SEC. 1407. ARAB BOYCOTT.

18 (a) PROHIBITION ON CERTAIN SALES AND LEASES.—

19 Defense articles and defense services may not be sold or

20 leased by the United States Government to any country or

21 international organization which as a matter of policy or

22 practice is known to have sent letters to United States firms

23 requesting compliance with, or soliciting information re24 garding compliance with, the secondary or tertiary Arab

25 boycott, unless the President determines, and reports to the

26 relevant congressional committees, that that country or or-
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1 ganization does not now send such letters as a matter of

2 policy or practice.

3 (b) WAIVER OF PROHIBITION.—

4 (1) 1 YEAR WAIVER.—After the effective date of

5 this section, the President may waive, for a period of

6 1 year, the application of subsection (a) with respect

7 to any country or organization if the President deter8 mines, and reports to the relevant congressional com9 mittees, that—

10 (A) such waiver is in the national interest

11 of the United States, and such waiver will pro12 mote the objectives of this section to eliminate the

13 Arab boycott; or

14 (B) such waiver is in the national security

15 interest of the United States.

16 (2) EXTENSION OF WAIVER.—If the President de17 termines that the further extension of a waiver will

18 promote the objectives of this section, the President,

19 with appropriate notification to relevant congres20 sional committees, may grant further extensions of

21 such waiver for successive 12-month periods.

22 (3) TERMINATION OF WAIVER.—The President

23 may, at any time, terminate any waiver granted

24 under this subsection.
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1 (c) RELEVANT CONGRESSIONAL COMMITTEES.—As

2 used in this section, the term ‘‘relevant congressional com3 mittees’’ means the Committee on Foreign Relations of the

4 Senate and the Committee on Foreign Affairs of the House

5 of Representatives.

6 (d) EFFECTIVE DATE.—This section shall not take ef7 fect until one year after the date of enactment of this Act.

8 TITLE XV—OTHER FOREIGN ASSISTANCE

9 PROVISIONS

10 SEC. 1501. INTEREST ACCRUING TO NONGOVERNMENTAL

11 ORGANIZATIONS.

12 (a) IN GENERAL.—Chapter 1 of part III of the Foreign

13 Assistance Act of 1961 is amended by inserting after section

14 617 the following:

15 ‘‘SEC. 618. INTEREST ACCRUING TO NONGOVERNMENTAL

16 ORGANIZATIONS.

17 ‘‘(a) AUTHORITY TO RETAIN INTEREST.—A non18 governmental organization may place in an interest bear19 ing account—

20 ‘‘(1) funds made available on a grant basis

21 under part I of this Act or under the Support for

22 East European Democracy (SEED) Act of 1989; and

23 ‘‘(2) local currencies which accrue to that orga24 nization as a result of grant assistance provided

25 under part I of this Act or assistance under titles I
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1 through III of the Agricultural Trade Development

2 and Assistance Act of 1954, section 416(b) of the Ag3 ricultural Act of 1949, or the Food for Progress Act

4 of 1985.

5 Any interest so earned may be retained by the nongovern6 mental organization and used for the purpose for which the

7 assistance was provided to that organization.

8 ‘‘(b) LIMITATION ON ENDOWMENTS.—Any grant agree9 ment entered into after the date of enactment of this section

10 to establish an endowment pursuant to the authority of sub11 section (a)(1) shall provide that—

12 ‘‘(1) the grant proceeds shall be maintained in a

13 separate account;

14 ‘‘(2) the agency primarily responsible for admin15 istering part I may terminate at any time, in its sole

16 discretion, the endowment and recover endowment

17 principal equal to the amount of the grant; and

18 ‘‘(3) unless the authority described in paragraph

19 (2) has been exercised, not later than 20 years after

20 the date of the grant—

21 ‘‘(A) the endowment shall be terminated,

22 and

23 ‘‘(B) all funds in the endowment and all in24 terest earned as a result of the endowment shall

25 be expended for the purpose for which the assist-
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1 ance was provided or returned to the Govern2 ment of the United States.’’.

3 (b) EFFECTIVE DATE.—The amendment made by this

4 section applies to both interest earned before and interest

5 earned after the date of enactment of this Act.

6 SEC. 1502. PRIVATE SECTOR REVOLVING FUND.

7 Section 108 of the Foreign Assistance Act of 1961 is

8 amended by adding at the end the following:

9 ‘‘(j) TERMINATION OF AUTHORITY.—After the date of

10 enactment of this subsection, loans may not be made, loan

11 guarantees may not be issued, previously issued guarantees

12 may not be renewed or otherwise extended, and assistance

13 may not otherwise be provided under the authority of this

14 section.’’.

15 SEC. 1503. DEVELOPMENT ASSISTANCE THROUGH NON16 GOVERNMENTAL ORGANIZATIONS.

17 Chapter 1 of part III of the Foreign Assistance Act

18 of 1961 is amended by inserting before section 620 the

19 following:

20 ‘‘SEC. 619. ASSISTANCE THROUGH NONGOVERNMENTAL OR21 GANIZATIONS.

22 ‘‘(a) DEVELOPMENT ASSISTANCE.—Restrictions con23 tained in this or any other Act with respect to assistance

24 for a country shall not restrict assistance in support of pro25 grams of nongovernmental organizations that is provided
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1 under chapter 1 or chapter 10 of part I of this Act. The

2 President shall take into consideration, in any case in

3 which a restriction on assistance would be applicable but

4 for this section, whether assistance in support of programs

5 of nongovernmental organizations is in the national inter6 est of the United States.

7 ‘‘(b) NOTICE TO CONGRESS.—Before using the author8 ity of this section to furnish assistance in support of pro9 grams of nongovernmental organizations, the President

10 shall notify the congressional committees specified in section

11 634A(a) of this Act in accordance with the procedures ap12 plicable to reprogramming notifications under that section.

13 Such notice shall include a description of the program to

14 be assisted, the assistance to be provided, and the reasons

15 for furnishing such assistance.

16 ‘‘(c) EXCEPTIONS.—This section shall not apply with

17 respect to—

18 ‘‘(1) section 620A of this Act or any comparable

19 provision of law prohibiting assistance to countries

20 that support international terrorism; or

21 ‘‘(2) section 116 of this Act or any comparable

22 provision of law prohibiting assistance to countries

23 that violate internationally recognized human rights.

24 ‘‘(d) ABORTION AND INVOLUNTARY STERILIZATION

25 PROHIBITIONS.—Nothing in this section alters any statu-
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1 tory prohibition against funding for abortion or involun2 tary sterilizations.’’.

3 SEC. 1504. IMPACT OF FOREIGN ASSISTANCE PROGRAMS ON

4 JOBS IN THE UNITED STATES.

5 Funds authorized to be appropriated by this Act for

6 foreign assistance programs for fiscal year 1994 may not

7 be obligated or expended to provide—

8 (1) any financial incentive to a business enter9 prise located in the United States for the purpose of

10 inducing that enterprise to relocate outside the United

11 States if such incentive or inducement is likely to re12 duce the number of individuals employed in the Unit13 ed States by that enterprise because that enterprise

14 would replace production in the United States with

15 production outside the United States;

16 (2) assistance for the purpose of establishing or

17 developing in a foreign country any export processing

18 zone or designated area in which the tax, tariff, labor,

19 environment, and safety laws of that country do not

20 apply, in part or in whole, to activities carried out

21 within that zone or area, unless the President deter22 mines and certifies that such assistance is not likely

23 to cause a loss of jobs within the United States; or

24 (3) assistance for any project or activity that

25 contributes to the violation of internationally recog-
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1 nized workers rights (as defined in section 502(a)(4)

2 of the Trade Act of 1974) of workers in the recipient

3 country, including in any designated zone or area in

4 that country.

5 In recognition that the application of paragraph (3) should

6 be commensurate with the level of development of the recipi7 ent country and sector, that paragraph does not preclude

8 assistance for the informal sector in such country, for

9 microenterprises and small-scale enterprises, or for small10 holder agriculture.

11 SEC. 1505. CAPITAL PROJECTS.

12 Chapter 3 of part III of the Foreign Assistance Act

13 of 1961 is amended by inserting after section 661 the

14 following:

15 ‘‘SEC. 662. CAPITAL PROJECTS.

16 ‘‘(a) ESTABLISHMENT OF PILOT PROGRAM.—The Di17 rector of the Trade and Development Agency shall establish

18 a capital projects pilot program to carry out the purpose

19 described in subsection (b).

20 ‘‘(b) PURPOSE OF PROGRAM.—The purpose referred to

21 in subsection (a) is to develop a program administered by

22 TDA that would focus solely on developmentally sound cap23 ital projects in developing countries and in countries mak24 ing the transition from a nonmarket to a market economy,
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1 taking into consideration the development needs of the host

2 country and the export opportunities for the United States.

3 ‘‘(c) ACTIVITIES.—The Director, in coordination with

4 the appropriate other members of the Trade Promotion

5 Coordination Committee—

6 ‘‘(1) shall support capital projects in developing

7 countries and in countries making the transition

8 from a nonmarket to a market economy; and

9 ‘‘(2) shall periodically review infrastructure

10 needs in these countries and shall explore opportuni11 ties for United States firms in the development of new

12 capital projects in these countries, keeping both

13 United States firms and the Congress informed of

14 these reviews.

15 ‘‘(d) GUARANTEE AUTHORITY.—In addition to mak16 ing grants to carry out this section, the Director is author17 ized to issue guarantees to eligible investors (as defined in

18 section 238(c)) assuring against losses incurred in connec19 tion with loans obtained by such investors to finance their

20 participation in capital projects described in subsection (b).

21 A fee shall be charged for each such guarantee issued in

22 an amount to be determined by the Director.

23 ‘‘(e) PROCUREMENT FROM THE UNITED STATES.—

24 Guarantees and other financial support provided for cap25 ital projects under this section shall be provided for procure-
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1 ment of goods and services from the United States to the

2 maximum extent possible, consistent with the guidelines of

3 the Organization for Economic Cooperation and Develop4 ment.

5 ‘‘(f) PROJECTS TO BE DEVELOPMENTALLY SOUND.—

6 The Director, in coordination with the appropriate other

7 members of the Trade Promotion Coordination Committee,

8 shall ensure that each capital project for which TDA pro9 vides financial support is developmentally sound, as deter10 mined under the criteria developed by the Development As11 sistance Committee of the Organization for Economic

12 Cooperation and Development.

13 ‘‘(g) COORDINATION.—The President shall utilize the

14 existing interagency coordinating mechanism to coordinate

15 activities under this section with other relevant activities

16 of the United States Government.

17 ‘‘(h) NONAPPLICABILITY OF OTHER PROVISIONS.—

18 Any funds used for purposes of this section may be used

19 notwithstanding any other provision of law.

20 ‘‘(i) REPORT TO CONGRESS.—Not later than 1 year

21 after the date of enactment of this section, the Director shall

22 submit to the Congress a report describing—

23 ‘‘(1) the extent to which United States Govern24 ment resources have been expended specifically to sup25 port the capitol projects described in subsection (b);
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1 ‘‘(2) the extent to which the activities of the

2 United States Government have been coordinated pur3 suant to subsection (g); and

4 ‘‘(3) the feasibility of establishing a permanent

5 program modeled on the pilot program establishment

6 pursuant to this section.

7 ‘‘(j) FUNDING.—

8 ‘‘(1) IN GENERAL.—Notwithstanding the percent9 age limitations in section 610(a), the President shall

10 transfer $300,000,000 of funds specified in paragraph

11 (2) to TDA for use in carrying out this section, in12 cluding the cost (as defined in section 502(5) of the

13 Federal Credit Reform Act of 1990) of guarantees

14 issued under subsection (d).

15 ‘‘(2) SOURCE OF FUNDS.—The funds specified in

16 this paragraph are—

17 ‘‘(A) funds made available for fiscal year

18 1994 for assistance under chapter 4 of part II of

19 this Act (relating to the economic support fund),

20 excluding funds made available pursuant to sub21 sections (a)(1), (c), and (d) of section 1317 of the

22 Foreign Assistance Authorization Act of 1993;

23 ‘‘(B) funds made available for fiscal year

24 1994 for assistance under chapter 11 of part I
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1 of this Act (relating to assistance for the inde2 pendent states of the former Soviet Union); and

3 ‘‘(C) funds made available for fiscal year

4 1994 for assistance under the Support for East

5 European Democracy (SEED) Act of 1989.

6 ‘‘(3) FUNDS TO BE USED TO SUPPORT CAPITAL

7 PROJECTS IN COUNTRIES FOR WHICH ORIGINAL FUND8 ING WAS PROVIDED.—(A) Any funds described in

9 paragraph (2)(A) that are earmarked by the Congress

10 for a specific country and that are transferred pursu11 ant to paragraph (1) shall be used to support capital

12 projects in that country.

13 ‘‘(B) Any funds described in paragraph (2)(B)

14 that are transferred pursuant to paragraph (1) shall

15 be used to support capital projects in countries eligi16 ble for assistance under chapter 11 of part I of this

17 Act.

18 ‘‘(C) Any funds described in paragraph (2)(C)

19 that are transferred pursuant to paragraph (1) shall

20 be used to support capital projects in countries eligi21 ble for assistance under the Support for East Euro22 pean Democracy (SEED) Act of 1989.

23 ‘‘(k) DEFINITIONS.—As used in this section—

24 ‘‘(1) the term ‘capital projects’ means a project

25 involving the construction, expansion, alteration of,
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1 or the acquisition of equipment for, a physical facil2 ity or physical infrastructure, including related engi3 neering design (concept and detail) and other services,

4 the procurement of equipment (including any related

5 services), and feasibility studies or similar engineer6 ing and economic services;

7 ‘‘(2) the term ‘Director’ means the Director of

8 TDA; and

9 ‘‘(3) the term ‘TDA’ means the Trade and Devel10 opment Agency.’’.

11 SEC. 1506. MICROENTERPRISE DEVELOPMENT.

12 Chapter 2 of part I of the Foreign Assistance Act of

13 1961 is amended by adding after title V the following:

14 ‘‘TITLE VI—MICROENTERPRISE DEVELOPMENT

15 ‘‘SEC. 251. MICROENTERPRISE DEVELOPMENT.

16 ‘‘(a) CENTRALLY-MANAGED FUND.—

17 ‘‘(1) ESTABLISHMENT AND MANAGEMENT.—The

18 administrator of the agency primarily responsible for

19 administering this part shall establish within the

20 agency a centrally-managed fund to be known as the

21 Microenterprise Development Fund (hereinafter in

22 this section referred to as the ‘Fund’). The Fund shall

23 be managed by the office in that agency that has pri24 mary responsibility for working with private and vol25 untary organizations.
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1 ‘‘(2) DISBURSEMENTS THROUGH THE FUND.—

2 All funds made available to carry out this part that

3 are used to promote microenterprise development shall

4 be disbursed through the Fund.

5 ‘‘(b) ACTIVITIES TO BE SUPPORTED.—The Fund shall

6 be used to support—

7 ‘‘(1) the institutional development of the organi8 zations described in subsection (c);

9 ‘‘(2) the provision of microenterprise credit

10 through the organizations described in subsection (c);

11 and

12 ‘‘(3) research on microenterprise development

13 and evaluation of microenterprise activities funded

14 under this section.

15 ‘‘(c) INTERMEDIARY ORGANIZATIONS.—Funds dis16 bursed through the Fund shall be primarily channeled

17 through—

18 ‘‘(1) United States and indigenous private and

19 voluntary organizations,

20 ‘‘(2) United States and indigenous credit union

21 organizations, and

22 ‘‘(3) other indigenous governmental and non23 governmental organizations,

24 that have demonstrated a capacity to develop sustainable

25 microenterprise service institutions.
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1 ‘‘(d) ALLOCATION OF FUNDS.—

2 ‘‘(1) MICROENTERPRISE CREDIT.—(A) Of

3 amounts disbursed through the Fund each fiscal year

4 pursuant to subsection (b)(2), at least 50 percent shall

5 be used for poverty lending. As used in this para6 graph, the term ‘poverty lending’ means a loan of

7 $300 or less or, in the case of an initial loan, of $150

8 or less.

9 ‘‘(B) The administrator of the agency primarily

10 responsible for administering this part shall seek to

11 ensure that not less than 60 percent of the borrowers

12 of funds disbursed through the Fund pursuant to sub13 section (b)(2) are women.

14 ‘‘(2) RESEARCH AND EVALUATION.—Not more

15 than 5 percent of funds disbursed through the Fund

16 each fiscal year may be used for research and evalua17 tion activities under subsection (b)(3).’’.

18 SEC. 1507. REPORT ON AID’S IMPLEMENTATION OF AGENDA

19 21 PRINCIPLES.

20 Not later than 2 years after the date of enactment of

21 this Act, the administrator of the agency primarily respon22 sible for administering part I of the Foreign Assistance Act

23 of 1961 shall submit to the Congress a report on the incorpo24 ration of the Agenda 21 principles of the United Nations
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1 Conference on Environment and Development into the for2 eign assistance activities administered by that agency.

3 SEC. 1508. AUTHORITY TO PROVIDE RECONSTRUCTION AS4 SISTANCE UNDER INTERNATIONAL DISASTER

5 ASSISTANCE.

6 Section 491(b) of the Foreign Assistance Act of 1961

7 is amended by striking ‘‘disaster relief and rehabilitation’’

8 and inserting ‘‘disaster relief, rehabilitation, and recon9 struction’’.

10 SEC. 1509. DEOBLIGATION OF CERTAIN UNEXPENDED ECO11 NOMIC ASSISTANCE FUNDS.

12 Chapter 3 of part III of the Foreign Assistance Act

13 of 1961 is amended by adding at the end the following:

14 ‘‘SEC. 671. DEOBLIGATION OF CERTAIN UNEXPENDED ECO15 NOMIC ASSISTANCE FUNDS.

16 ‘‘(a) REQUIREMENT TO DEOBLIGATE.—

17 ‘‘(1) ANNUAL DEOBLIGATIONS.—Except as pro18 vided in subsection (b), at the beginning of each fiscal

19 year the President shall deobligate and return to the

20 Treasury any funds described in paragraph (2) that,

21 as of the end of the preceding fiscal year, have been

22 obligated for a period of more than 4 years but have

23 not been expended.

24 ‘‘(2) FUNDS SUBJECT TO REQUIREMENTS.—

25 Paragraph (1) applies with respect to funds made
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1 available to carry out chapter 1 of part I (relating

2 to development assistance), chapter 4 of part I (relat3 ing to the Multilateral Assistance Initiative for the

4 Philippines), chapter 10 of part I (relating to the De5 velopment Fund for Africa), chapter 11 of part I (re6 lating to assistance for the independent states of the

7 former Soviet Union), or chapter 4 of part II (relat8 ing to the economic support fund) or to carry out the

9 Support for East European Democracy (SEED) Act

10 of 1989.

11 ‘‘(b) EXCEPTIONS.—The President, on a case-by-case

12 basis, may waive the requirement of subsection (a) if the

13 President determines, and reports to the appropriate con14 gressional committees, that—

15 ‘‘(1) the funds are being used for a construction

16 or long term participant training project that re17 quires more than 4 years to complete; or

18 ‘‘(2) the funds have not been expended because of

19 unforeseen circumstances, and those circumstances

20 could not have been reasonably foreseen.

21 ‘‘(c) IG COMMENTS ON WAIVERS.—As soon as possible

22 after submission of a report pursuant to subsection (b), the

23 Inspector General for the agency primarily responsible for

24 administering part I of this Act shall submit to the appro25 priate congressional committees such comments as the In-
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1 spector General considers appropriate with regard to the

2 determination described in that report.

3 ‘‘(d) APPROPRIATE CONGRESSIONAL COMMITTEES.—

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

5 committees’ means the Committee on Foreign Affairs and

6 the Committee on Appropriations of the House of Rep7 resentatives and the Committee on Foreign Relations and

8 the Committee on Appropriations of the Senate.’’.

9 TITLE XVI—BOSNIA-HERCEGOVINA

10 SEC. 1601. SHORT TITLE.

11 This title may be cited as the ‘‘Bosnia-Hercegovina

12 Self-Defense Act of 1993’’.

13 SEC. 1602. FINDINGS.

14 The Congress makes the following findings:

15 (1) On July 10, 1991, the United States adopted

16 a policy suspending all licenses and other approvals

17 to export or otherwise transfer defense articles and de18 fense services to Yugoslavia.

19 (2) On September 25, 1991, the United Nations

20 Security Council adopted Resolution 713, which im21 posed a mandatory international embargo on all de22 liveries of weapons and military equipment to Yugo23 slavia.

24 (3) The United States considered the policy

25 adopted July 10, 1991, to comply fully with Resolu-
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1 tion 713 and therefore took no additional action in

2 response to that resolution.

3 (4) On January 8, 1992, the United Nations Se4 curity Council adopted Resolution 727, which decided

5 that the mandatory arms embargo imposed by Resolu6 tion 713 should apply to any independent states that

7 might thereafter emerge on the territory of Yugo8 slavia.

9 (5) On February 29 and March 1, 1992, the peo10 ple of Bosnia-Hercegovina voted in a referendum to

11 declare independence from Yugoslavia.

12 (6) On April 7, 1992, the United States recog13 nized the Government of Bosnia-Hercegovina.

14 (7) On May 22, 1992, the Government of Bosnia15 Hercegovina was admitted to full membership in the

16 United Nations.

17 (8) Consistent with Resolution 727, the United

18 States has continued to apply the policy adopted July

19 10, 1991, to independent states that have emerged on

20 the territory of the former Yugoslavia, including

21 Bosnia-Hercegovina.

22 (9) Subsequent to the adoption of Resolution 727

23 and Bosnia-Hercegovina’s independence referendum,

24 the seige of Sarajevo began and fighting spread to

25 other areas of Bosnia-Hercegovina.
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1 (10) The Government of Serbia intervened di2 rectly in the fighting by providing significant mili3 tary, financial, and political support and direction to

4 Serbian-allied irregular forces in Bosnia-Hercegovina.

5 (11) In statements dated May 1 and May 12,

6 1992, the Conference on Security and Cooperation in

7 Europe declared that the Government of Serbia and

8 the Serbian-controlled Yugoslav National Army were

9 committing aggression against the Government of

10 Bosnia-Hercegovina and assigned to them prime re11 sponsibility for the escalation of bloodshed and de12 struction.

13 (12) On May 30, 1992, the United Nations Secu14 rity Council adopted Resolution 757, which con15 demned the Government of Serbia for its continued

16 failure to respect the territorial integrity of Bosnia17 Hercegovina.

18 (13) Serbian-allied irregular forces have, over the

19 last year, occupied approximately 70 percent of the

20 territory of Bosnia-Hercegovina, committed gross vio21 lations of human rights in the areas they have occu22 pied, and established a secessionist government com23 mitted to eventual unification with Serbia.

24 (14) The military and other support and direc25 tion provided to Serbian-allied irregular forces in
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1 Bosnia-Hercegovina constitutes an armed attack on

2 the Government of Bosnia-Hercegovina by the Gov3 ernment of Serbia within the meaning of Article 51

4 of the United Nations Charter.

5 (15) Under Article 51, the Government of

6 Bosnia-Hercegovina, as a member of the United Na7 tions, has an inherent right of individual or collective

8 self-defense against the armed attack from the Govern9 ment of Serbia until the United Nations Security

10 Council has taken measures necessary to maintain

11 international peace and security.

12 (16) The measures taken by the United Nations

13 Security Council in response to the armed attack on

14 Bosnia-Hercegovina have not been adequate to main15 tain international peace and security.

16 (17) Bosnia-Hercegovina has been unable suc17 cessfully to resist the armed attack from Serbia be18 cause it lacks the means to counter heavy weaponry

19 that Serbia obtained from the Yugoslav National

20 Army upon the dissolution of Yugoslavia, and because

21 the mandatory international arms embargo has pre22 vented Bosnia-Hercegovina from obtaining from other

23 countries the means to counter such heavy weaponry.

24 (18) On December 18, 1992, with the affirmative

25 vote of the United States, the United Nations General
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1 Assembly adopted Resolution 47/121, which urged the

2 United Nations Security Council to exempt Bosnia3 Hercegovina from the mandatory arms embargo im4 posed by Resolution 713.

5 (19) In the absence of adequate measures to

6 maintain international peace and security, continued

7 application to the Government of Bosnia-Hercegovina

8 of the mandatory international arms embargo im9 posed by the United Nations Security Council prior

10 to the armed attack on Bosnia-Hercegovina under11 mines that government’s right of individual or collec12 tive self-defense and therefore contravenes Article 51 of

13 the United Nations Charter.

14 (20) Bosnia-Hercegovina’s right of self-defense

15 under Article 51 of the United Nations Charter in16 cludes the right to ask for military assistance from

17 other countries and to receive such assistance if of18 fered.

19 SEC. 1603. UNITED STATES ARMS EMBARGO OF THE GOV20 ERNMENT OF BOSNIA-HERCEGOVINA.

21 (a) TERMINATION.—The President may terminate the

22 United States arms embargo of the Government of Bosnia23 Hercegovina upon receipt from that government of a request

24 for assistance in exercising its right of self-defense under

25 Article 51 of the United Nations Charter.
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1 (b) DEFINITION.—As used in this section, the term

2 ‘‘United States arms embargo of the Government of Bosnia3 Hercegovina’’ means the application to the Government of

4 Bosnia-Hercegovina of—

5 (1) the policy adopted July 10, 1991, and pub6 lished in the Federal Register of July 19, 1991 (58

7 Fed. Reg. 33322) under the heading ‘‘Suspension of

8 Munitions Export Licenses to Yugoslavia’’; and

9 (2) any similar policy being applied by the

10 United States Government, as of the date of receipt

11 of the request described in subsection (a), pursuant to

12 which approval is routinely denied for transfers of de13 fense articles and defense services to the former Yugo14 slavia.

15 SEC. 1604. UNITED STATES MILITARY ASSISTANCE FOR

16 BOSNIA-HERCEGOVINA.

17 (a) POLICY.—The President should provide appro18 priate military assistance to the Government of Bosnia19 Hercegovina upon receipt from that government of a request

20 for assistance in exercising its right of self-defense under

21 Article 51 of the United Nations Charter.

22 (b) AUTHORIZATION OF MILITARY ASSISTANCE.—

23 (1) DRAWDOWN AUTHORITY.—If the Government

24 of Bosnia-Hercegovina requests United States assist25 ance in exercising its right of self-defense under Arti-
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1 cle 51 of the United Nations Charter, the President is

2 authorized to direct the drawdown of defense articles

3 from the stocks of the Department of Defense, defense

4 services of the Department of Defense, and military

5 education and training in order to provide assistance

6 to the Government of Bosnia-Hercegovina. Such as7 sistance shall be provided on such terms and condi8 tions as the President may determine.

9 (2) LIMITATION ON VALUE OF TRANSFERS.—The

10 aggregate value (as defined in section 664(m) of the

11 Foreign Assistance Act of 1961) of defense articles, de12 fense services, and military education and training

13 provided under this subsection may not exceed

14 $200,000,000.

15 (3) EXPIRATION OF AUTHORIZATION.—The au16 thority provided to the President in paragraph (1) ex17 pires at the end of fiscal year 1994.

18 (4) LIMITATION ON ACTIVITIES.—Members of the

19 United States Armed Forces who perform defense

20 services or provide military education and training

21 outside the United States under this subsection may

22 not perform any duties of a combatant nature, in23 cluding any duties related to training and advising

24 that may engage them in combat activities.
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1 (5) REPORTS TO CONGRESS.—Within 60 days

2 after any exercise of the authority of paragraph (1)

3 and every 60 days thereafter, the President shall re4 port in writing to the Speaker of the House of Rep5 resentatives and the President pro tempore of the

6 Senate concerning the defense articles, defense serv7 ices, and military education and training being pro8 vided and the use made of such articles, services, and

9 education and training.

10 (6) REIMBURSEMENT.—(A) Defense articles, de11 fense services, and military education and training

12 provided under this subsection shall be made available

13 without reimbursement to the Department of Defense

14 except to the extent that funds are appropriated pur15 suant to subparagraph (B).

16 (B) There are authorized to be appropriated to

17 the President such sums as may be necessary to reim18 burse the applicable appropriation, fund, or account

19 for the value (as defined in section 664(m) of the For20 eign Assistance Act of 1961) of defense articles, de21 fense services, or military education and training

22 provided under this subsection.

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