103D CONGRESS

2D SESSION H. R. 2333

AMENDMENT
In the Senate of the United States,

February 2 (legislative day, January 25), 1994.

Resolved, That the bill from the House of Representatives (H.R. 2333) entitled ‘‘An Act to authorize appropriations for the Department of State, the United States Information Agency, and related agencies, and for other purposes’’, do pass with the following

AMENDMENT:

Strike out all after the enacting clause and insert:

1 SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.

2 (a) SHORT TITLE.—This Act may be cited as the ‘‘For3 eign Relations Authorization Act, Fiscal Years 1994 and

4 1995’’.
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1 (b) TABLE OF CONTENTS.—The table of contents for

2 this Act is as follows:

Sec. 1. Short title and table of contents.

TITLE I—DEPARTMENT OF STATE

PART A—AUTHORIZATION OF APPROPRIATIONS

Sec. 101. Administration of foreign affairs.

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

Sec. 103. International commissions.

Sec. 104. Migration and refugee assistance.

Sec. 105. Other programs.

PART B—AUTHORITIES AND ACTIVITIES

Sec. 111. Authorized strength of the Foreign Service.

Sec. 112. Transfers and reprogrammings.

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

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

Sec. 115. Prohibition on discriminatory contracts.

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

Sec. 117. Consular authorities.

Sec. 118. Visas.

Sec. 119. Role of the Foreign Service Institute.

Sec. 120. Report on consolidation of administrative operations.

Sec. 121. Local guard contracts abroad.

Sec. 122. Annual country reports on terrorism.

Sec. 123. Rewards for information regarding acts of international terrorism within the United States.

Sec. 124. Property agreements.

Sec. 125. Capital Investment Fund.

Sec. 126. Technical amendment.

PART C—DEPARTMENT OF STATE ORGANIZATION

Sec. 131. Under Secretary and Assistant Secretary positions.

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

Human Rights, and Labor.

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

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

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

Sec. 136. Refugee affairs.

Sec. 137. Women’s human rights protection.

Sec. 138. Repeals.

PART D—PERSONNEL

Sec. 141. Labor-management relations.

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

or loss.

Sec. 143. Salaries of chiefs of mission.

Sec. 144. Senior Foreign Service performance pay.

Sec. 145. Reassignment and retirement of former Presidential appointees.
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Sec. 146. Report on classification of Senior Foreign Service positions.

Sec. 147. Allowances.

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

payments.

Sec. 149. Grievances.

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

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

employees.

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

Sec. 153. Designation of Foreign Language Resources Coordinator.

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

Sec. 155. Assignment of Foreign Service officers with advanced proficiency in foreign languages.

PART E—INTERNATIONAL ORGANIZATIONS

SUBPART A—UNITED NATIONS AND RELATED AGENCIES

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

Sec. 162. United Nations Security Council membership.

Sec. 163. Reforms in the World Health Organization.

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

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

its specialized agencies.

Sec. 166. United Nations budgetary and management reform.

Sec. 167. American participation in management of United Nations.

Sec. 168. Policy with respect to the establishment of an international criminal

court.

Sec. 169. International criminal court participation.

Sec. 170. Protection of First and Fourth Amendment rights.

Sec. 170A. Japan and Germany becoming permanent members of the United Nations Security Council.

Sec. 170B. Transmittals of United Nations documents.

Sec. 170C. Limitations on United States funding of United Nations peacekeeping

activities.

Sec. 170D. United Nations peacekeeping budgetary and management reform.

Sec. 170E. Reporting requirements involving multilateral peacekeeping activities.

SUBPART B—OTHER INTERNATIONAL ORGANIZATIONS

Sec. 171. International Boundary and Water Commission.

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

Organization.

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

International Union for Conservation of Nature and Natural

Resources.

Sec. 174. Inter-American organizations.

Sec. 175. Prohibition on contributions to the International Coffee Organization.

Sec. 176. Prohibition on contributions to the International Jute Organization.

PART F—OTHER STATE DEPARTMENT-RELATED PROVISIONS

Sec. 181. Migration and refugee amendments.

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

Sec. 183. Interparliamentary exchanges.
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Sec. 184. Report on terrorist assets in the United States.

Sec. 185. Coordination of counterterrorism activities.

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

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

Sec. 188. Repeal of reporting requirements.

Sec. 189. Sense of the Senate.

Sec. 190. Value of contracted goods and services.

Sec. 191. Budget justification for security costs.

TITLE II—UNITED STATES INFORMATIONAL, EDUCATIONAL, AND

CULTURAL PROGRAMS

PART A—AUTHORIZATION OF APPROPRIATIONS

Sec. 201. Authorization of appropriations.

PART B—USIA AND RELATED AGENCIES AUTHORITIES AND ACTIVITIES

Sec. 211. Changes in administrative authorities.

Sec. 212. Buying power maintenance account.

Sec. 213. Contract authority.

Sec. 214. Prohibition on discriminatory contracts.

Sec. 215. United States transmitter in Kuwait.

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

Democracy.

Sec. 217. Limitation concerning participation in international expositions.

Sec. 218. Authority to respond to public inquiries.

Sec. 219. USIA office in Lhasa, Tibet.

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

Sec. 221. Scholarships for East Timorese students.

Sec. 222. Cambodian scholarship and exchange programs.

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

Sec. 224. Environment and Sustainable Development Exchange Program.

Sec. 225. USIA vocational exchange program.

Sec. 226. American studies collections.

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

training.

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

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

Sec. 229. Reduction in force authority with regard to the Foreign Service.

Sec. 230. International exchange programs involving disability-related matters.

PART C—MIKE MANSFIELD FELLOWSHIPS

Sec. 231. Short title.

Sec. 232. Establishment of Mike Mansfield Fellowship Program.

Sec. 233. Program requirements.

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

Sec. 235. Program review and report.

Sec. 236. Definitions.

TITLE III—UNITED STATES INTERNATIONAL BROADCASTING ACT

OF 1994

Sec. 301. Short title.

Sec. 302. Congressional findings and declaration of purposes.

Sec. 303. Establishment of Broadcasting Board of Governors.
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Sec. 304. Functions of the Board.

Sec. 305. Foreign policy guidance.

Sec. 306. International Broadcasting Bureau.

Sec. 307. Grants for Radio Free Europe, Radio Liberty, and Radio Free Asia.

Sec. 308. Radio Free Asia.

Sec. 309. Radio Free Europe and Radio Liberty.

Sec. 310. Transition.

Sec. 311. Preservation of American jobs.

Sec. 312. Privatization of Radio Free Europe and Radio Liberty.

Sec. 313. Definitions.

TITLE IV—COMMISSION ON PROTECTING AND REDUCING

GOVERNMENT SECRECY

Sec. 401. Short title.

Sec. 402. Purpose.

Sec. 403. Findings.

Sec. 404. Functions of the Commission.

Sec. 405. Composition of the Commission.

Sec. 406. Powers of the Commission.

Sec. 407. Staff of the Commission.

Sec. 408. Final report of Commission; termination.

TITLE V—SPOILS OF WAR ACT OF 1993

Sec. 501. Short title.

Sec. 502. Transfers of spoils of war.

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

Sec. 504. Report on previous transfers.

Sec. 505. Definitions.

Sec. 506. Construction.

TITLE VI—THE KHMER ROUGE PROSECUTION AND EXCLUSION ACT

Sec. 601. Short title.

Sec. 602. Policy.

Sec. 603. Establishment of State Department office.

Sec. 604. Reporting requirement.

Sec. 605. Exclusion from the United States.

TITLE VII—MISCELLANEOUS

Sec. 701. Peace Corps.

Sec. 702. Reporting requirements on occupied Tibet.

Sec. 703. Policy on Middle East arms sales.

Sec. 704. Providing material support to terrorists.

Sec. 705. Torture convention implementation.

Sec. 706. Applicability of Taiwan Relations Act.

Sec. 707. Reports on relations with Taiwan.

Sec. 708. United States policy concerning Iraqi Kurdistan.

Sec. 709. Additional sanctions against North Korea.

Sec. 710. Waiver of sanctions with respect to the Republic of Serbia and the Republic of Montenegro to promote democracy abroad.

Sec. 711. Claims based on letters of credit for goods shipped but not paid for before imposition of national emergency.

Sec. 712. Enforcement of nonproliferation treaties.

Sec. 713. Sense of Senate on the peace process in Northern Ireland.
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Sec. 714. Control of reexports to terrorist countries.

Sec. 715. Reports under the Arms Export Control Act.

Sec. 716. Prohibition on third party incentive payments under the Arms Export

Control Act.

Sec. 717. Sense of Senate on United States policy on nuclear weapons proliferation by North Korea.

Sec. 718. Sense of Senate on normalization of relations with Vietnam.

Sec. 719. Study of democracy program effectiveness.

Sec. 720. High-level visits to Taiwan.

Sec. 721. Feedom of Information exemption for certain Open Skies Treaty data.

Sec. 722. Transfer of certain obsolete or surplus defense articles in the war reserve

allies stockpile to the Republic of Korea.

Sec. 723. Pilot visa waiver project for Koreans visiting Alaska and Hawaii.

Sec. 724. European nations participation in NATO.

Sec. 725. Policy on termination of United States arms embargo.

Sec. 726. Policy on preparing to reintroduce of tactical nuclear weapons to the

Korean peninsula.

Sec. 727. Asylum reforms.

Sec. 728. Amendments to the PLO Commitments Compliance Act.

Sec. 729. Safety of United States personnel in Sarajevo.

Sec. 730. Notification of Congress on certain events involving the MTCR.

Sec. 731. Extension of the Fair Trade in Auto Parts Act of 1988.

Sec. 732. Report on the activities of the People’s Mujaheddin of Iran.

Sec. 733. Reimbursement of State and local governments.

Sec. 734. Restoration of withheld benefits.

Sec. 735. Report on the use of foreign frozen or blocked assets.

Sec. 736. Foreign policy.

Sec. 737. Passport security.

Sec. 738. Publishing international agreements.

Sec. 739. Conference on Security and Cooperation in Europe.

Sec. 740. Agreement on State and local taxation.

Sec. 741. Fees for commercial services.

Sec. 742. Personal services contracts abroad.

Sec. 743. United States membership in the International Copper Study Group.

Sec. 744. Prohibition on assistance to countries expropriating United States

property.

Sec. 745. Israel’s diplomatic status.

Sec. 746. Policy regarding German participation in international peacekeeping

operations.

Sec. 747. United States citizens hired abroad.

Sec. 748. Extension of certain adjudication provisions.

Sec. 749. Policy regarding the North Korean nuclear weapons program.

Sec. 750. Report on Russian military operations in the independent states of the

former Soviet Union.

Sec. 751. Report on Bosnian refugees.

Sec. 752. Policy regarding the conditions which the Government of the People’s

Republic of China should meet to continue to receive nondiscriminatory most-favored-nation treatment.

Sec. 753. Implementation of Partnership for Peace.

Sec. 754. Funding for democracy promotion programs.

Sec. 755. Humanitarian activities.

Sec. 756. Limitation on authority to transfer excess defense articles.

Sec. 757. Missile technology exports to certain middle eastern and Asian countries.

Sec. 758. Chinese fleeing coercive population control policies.
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Sec. 759. Opposition to financing by international financial institutions for

countries expropriating United States property.

Sec. 760. Report on dismantlement of nuclear weapons of the former Soviet

Union.

Sec. 761. Report on sanctions on Vietnam.

Sec. 762. Coordinator for counter-terrorism.

Sec. 763. Policy regarding the relationship of Thailand with its neighbors struggling for democracy, Cambodia and Burma.

Sec. 764. Sewage treatment along the United States-Mexico border.

TITLE VIII—ARMS CONTROL AND NONPROLIFERATION ACT OF 1994

Sec. 801. Short title; references in title; table of contents.

Sec. 802. Congressional declarations; purpose.

Sec. 803. Purposes.

Sec. 804. Repeals.

Sec. 805. Director.

Sec. 806. Bureaus, offices, and divisions.

Sec. 807. Presidential special representatives.

Sec. 808. Policy formulation.

Sec. 809. Negotiation management.

Sec. 810. Report on measures to coordinate research and development.

Sec. 811. Negotiating records.

Sec. 812. Verification of compliance.

Sec. 813. Authorities with respect to nonproliferation matters.

Sec. 814. Appointment and compensation of personnel.

Sec. 815. Security requirements.

Sec. 816. Annual report to Congress; authorization of appropriations.

Sec. 817. Conforming amendments.

TITLE IX—ANTI-ECONOMIC DISCRIMINATION ACT OF 1994

Sec. 901. Short title.

Sec. 902. Congressional findings.

Sec. 903. Prohibition on certain sales and leases.

TITLE X—MIDDLE EAST PEACE FACILITATION.

Sec. 1001. Short title.

Sec. 1002. Findings.

Sec. 1003. Authority to suspend certain provisions.

TITLE XI—IRAN-IRAQ ARMS NON-PROLIFERATION AMENDMENTS OF

1994

Sec. 1101. Short title, references in title.

Sec. 1102. Statement of policy.

Sec. 1103. Statement of purpose.

Sec. 1104. Sanctions against persons.

Sec. 1105. Sanctions against certain foreign countries.

Sec. 1106. Waiver.

Sec. 1107. Termination of sanctions.

Sec. 1108. Stay of sanctions.

Sec. 1109. Rules and regulations.

Sec. 1110. Definitions.

Sec. 1111. Sense of the Senate.
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TITLE XII—IMMIGRATION AND NATIONALITY ACT

Sec. 1201. Alien physically present in United States.

Sec. 1202. Alien visa.

TITLE XIII—NUCLEAR PROLIFERATION PREVENTION ACT OF 1994

Sec. 1301. Short title.

SUBTITLE A—REPORTING ON NUCLEAR EXPORTS

Sec. 1311. Reports to Congress.

SUBTITLE B—SANCTION FOR NUCLEAR PROLIFERATION

Sec. 1321. Imposition of sanction.

Sec. 1322. Eligibility for assistance.

Sec. 1323. Role of international financial institutions.

Sec. 1324. Amendments to the Federal Deposit Insurance Corporation Improvement Act of 1991.

Sec. 1325. Export-Import Bank.

Sec. 1326. Amendment to the Arms Export Control Act.

Sec. 1327. Reward.

Sec. 1328. Reports.

Sec. 1329. Technical correction.

Sec. 1330. Definitions.

Sec. 1331. Effective date.

SUBTITLE C—INTERNATIONAL ATOMIC ENERGY AGENCY

Sec. 1341. Bilateral and multilateral initiatives.

Sec. 1342. IAEA internal reforms.

Sec. 1343. Reporting requirement.

Sec. 1344. Definitions.

TITLE XIV—CROATIA

Sec. 1401. Findings.

Sec. 1402. Policy towards Croatia.

TITLE XV—UNITED STATES PARTICIPATION IN UNITED NATIONS

PEACEKEEPING OPERATIONS

Sec. 1501. Cost assessment report regarding any United States participation in

action under Article 42 of the United Nations Charter

Sec. 1502. Congressional notification regarding any United States implementation of Article 43 of the United Nations Charter.

Sec. 1503. Report on United Nations peacekeeping activities.

Sec. 1504. United States participation in United Nations peacekeeping operations.
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1 TITLE I—DEPARTMENT OF

2 STATE

3 PART A—AUTHORIZATION OF APPROPRIATIONS

4 SEC. 101. ADMINISTRATION OF FOREIGN AFFAIRS.

5 (a) IN GENERAL.—The following amounts are author6 ized to be appropriated for the Department of State under

7 ‘‘Administration of Foreign Affairs’’ to carry out the au8 thorities, functions, duties, and responsibilities in the con9 duct of the foreign affairs of the United States and for other

10 purposes authorized by law, including the diplomatic secu11 rity program:

12 (1) DIPLOMATIC AND CONSULAR PROGRAMS.—

13 For ‘‘Diplomatic and Consular Programs’’, of the De14 partment of State $1,658,184,000 for the fiscal year

15 1994 and $1,658,184,000 for the fiscal year 1995.

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

17 and Expenses’’, of the Department of State

18 $455,816,000 for the fiscal year 1994 and

19 $455,816,000 for the fiscal year 1995.

20 (3) ACQUISITION AND MAINTENANCE OF BUILD21 INGS ABROAD.—For ‘‘Acquisition and Maintenance of

22 Buildings Abroad’’, $294,850,000 for the fiscal year

23 1994 and $294,850,000 for the fiscal year 1995.

24 (4) BUYING POWER MAINTENANCE FUND.—For

25 ‘‘Buying Power Maintenance Fund’’, $4,000,000 for
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1 the fiscal year 1994 and $4,000,000 for the fiscal year

2 1995.

3 (5) REPRESENTATION ALLOWANCES.—For ‘‘Rep4 resentation Allowances’’, $4,881,000 for the fiscal year

5 1994 and $4,881,000 for the fiscal year 1995.

6 (6) EMERGENCIES IN THE DIPLOMATIC AND CON7 SULAR SERVICE.—For ‘‘Emergencies in the Diplo8 matic and Consular Service’’, $8,000,000 for the fis9 cal 1994 and $8,000,000 for the fiscal year 1995.

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

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

12 fiscal year 1994 and $24,055,000 for the fiscal year

13 1995.

14 (8) PAYMENT TO THE AMERICAN INSTITUTE IN

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

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

17 $15,484,000 for the fiscal year 1995.

18 (9) PROTECTION OF FOREIGN MISSIONS AND OF19 FICIALS.—For ‘‘Protection of Foreign Missions and

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

21 $10,814,000 for the fiscal year 1995.

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

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

24 $817,000 for the fiscal year 1995, for administrative

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

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

3 under subsection (a)(1)—

4 (A) $10,000,000 is authorized to be appropriated

5 for each of the fiscal years 1994 and 1995 for grants,

6 contracts, and other activities to conduct research and

7 promote international cooperation on environmental

8 and other scientific issues; and

9 (B) $500,000 is authorized to be appropriated

10 for each of the fiscal years 1994 and 1995 to carry

11 out the activities of the Office of Cambodian Genocide

12 Investigations established under section 603 of this

13 Act.

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

15 ‘‘Salaries and Expenses’’ under subsection (a)(2), $300,000

16 is authorized to be appropriated for the fiscal year 1994

17 and $300,000 for the fiscal year 1995 for the Foreign Lan18 guage Translator and Interpreter Career Service Program

19 established by section 157.

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

21 ‘‘Salaries and Expenses’’ under subsection (a)(2), $950,000

22 is authorized to be appropriated for each of the fiscal years

23 1994 and 1995 to carry out the activities of the Commission

24 on Protecting and Reducing Government Secrecy estab25 lished under title IV of this Act.
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1 (4) Of the amounts authorized to be appropriated for

2 ‘‘Salaries and Expenses’’ under subsection (a)(2), $300,000

3 for each of the fiscal years 1994 and 1995 is authorized

4 to be available for the recruitment by the Department of

5 State of Hispanic American students from United States

6 institutions of higher education (as defined in section

7 1201(a) of the Higher Education Act of 1965) with a high

8 percentage enrollment of Hispanic Americans for the pur9 pose of training such individuals for careers in the Foreign

10 Service and international affairs.

11 SEC. 102. INTERNATIONAL ORGANIZATIONS, PROGRAMS,

12 AND CONFERENCES.

13 (a) ASSESSED CONTRIBUTIONS TO INTERNATIONAL

14 ORGANIZATIONS.—There are authorized to be appropriated

15 for ‘‘Contributions to International Organizations’’,

16 $865,885,000 for the fiscal year 1994 and $1,000,053,000

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

18 out the authorities, functions, duties, and responsibilities

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

20 with respect to international organizations and to carry out

21 other authorities in law consistent with such purposes.

22 (b) WITHHOLDING OF FUNDS.—Notwithstanding any

23 other provision of law, the funds authorized to be appro24 priated for ‘‘Contributions for International Organiza25 tions’’ shall be reduced in the amount of $118,875,000 for
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1 each fiscal years 1994 and 1995, and for each year there2 after, unless the President has certified to the Speaker of

3 the House of Representatives and to the President of the

4 Senate that no United Nations agency or United Nations5 affiliated agency grants any official status, accreditation,

6 or recognition to any organization which promotes, con7 dones, or seeks the legalization of pedophilia, or which in8 cludes as a subsidiary or member any such organization.

9 (c) CONTRIBUTIONS FOR INTERNATIONAL PEACEKEEP10 ING ACTIVITIES.—There are authorized to be appropriated

11 for ‘‘Contributions for International Peacekeeping Activi12 ties’’, $422,744,000 for the fiscal year 1994 and

13 $487,472,000 for the fiscal year 1995 for the Department

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

15 responsibilities in the conduct of the foreign affairs of the

16 United States with respect to international peacekeeping

17 activities and to carry out other authorities in law consist18 ent with such purposes.

19 (d) INTERNATIONAL CONFERENCES AND CONTIN20 GENCIES.—There are authorized to be appropriated for

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

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

23 1995 for the Department of State to carry out the authori24 ties, functions, duties, and responsibilities in the conduct

25 of the foreign affairs of the United States with respect to
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1 international conferences and contingencies and to carry

2 out other authorities in law consistent with such purposes.

3 (e) 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. 103. 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 $11,300,000 for the fiscal year 1995; and

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

5 fiscal year 1994 and $17,790,000 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 $760,000 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 $3,643,000 for the fiscal year

15 1995.

16 (4) INTERNATIONAL FISHERIES COMMISSIONS.—

17 For ‘‘International Fisheries Commissions’’,

18 $16,200,000 for the fiscal year 1994 and $14,200,000

19 for the fiscal year 1995.

20 SEC. 104. MIGRATION AND REFUGEE ASSISTANCE.

21 (a) AUTHORIZATION OF APPROPRIATIONS.—

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

23 for ‘‘Migration and Refugee Assistance’’ for author24 ized activities, $585,688,000 for the fiscal year 1994

25 and $585,688,000 for the fiscal year 1995.
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1 (B) Of the amounts authorized to be appro2 priated under subparagraph (A), $1,500,000 is au3 thorized to be appropriated for each of the fiscal years

4 1994 and 1995 for humanitarian assistance, includ5 ing, but not limited to, food, medicine, clothing, medi6 cal and vocational training to Burmese, including

7 persons still within Burma, displaced as a result of

8 civil conflict.

9 (2) There are authorized to be appropriated

10 $80,000,000 for the fiscal year 1994 and $80,000,000

11 for the fiscal year 1995 for assistance for refugees re12 settling in Israel.

13 (b) AVAILABILITY OF FUNDS.—Funds appropriated

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

15 until expended.

16 SEC. 105. OTHER PROGRAMS.

17 The following amounts are authorized to be appro18 priated for the Department of State to carry out the au19 thorities, functions, duties, and responsibilities in the con20 duct of the foreign affairs of the United States and for other

21 purposes authorized by law:

22 (1) UNITED STATES BILATERAL SCIENCE AND

23 TECHNOLOGY AGREEMENTS.—For ‘‘United States Bi24 lateral Science and Technology Agreements’’,
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1 $4,500,000 for the fiscal year 1994 and $4,500,000 for

2 the fiscal year 1995.

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

4 $18,693,000 for the fiscal year 1994 and $18,693,000

5 for the fiscal year 1995.

6 PART B—AUTHORITIES AND ACTIVITIES

7 SEC. 111. AUTHORIZED STRENGTH OF THE FOREIGN SERV8 ICE.

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

10 members of the Foreign Service authorized to be employed

11 as of September 30, 1994—

12 (1) for the Department of State, shall not exceed

13 9,100, of whom not more than 820 shall be members

14 of the Senior Foreign Service; and

15 (2) for the United States Information Agency,

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

17 shall be members of the Senior Foreign Service.

18 (b) END FISCAL YEAR 1995 LEVELS.—The number of

19 members of the Foreign Service authorized to be employed

20 as of September 30, 1995—

21 (1) for the Department of State, shall not exceed

22 9,100, of whom not more than 770 shall be members

23 of the Senior Foreign Service; and
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1 (2) for the United States Information Agency,

2 not to exceed 1,200, of whom not more than 165 shall

3 be members of the Senior Foreign Service.

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

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

6 meaning of such term under section 103 of the Foreign

7 Service Act of 1980 (22 U.S.C 3903), except that such term

8 does not include—

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

10 and (7) of such section;

11 (2) members of the Service serving under tem12 porary resident appointments abroad;

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

14 a full-time basis;

15 (4) members of the Service subject to involuntary

16 separation in cases in which such separation has been

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

18 Service Act of 1980; and

19 (5) members of the Service serving under non-ca20 reer limited appointments.

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

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

23 States Information Agency may waive any limitation

24 under subsection (a) or (b) which applies to the Department

25 of State or the United States Information Agency, as the
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1 case may be, to the extent that such waiver is necessary

2 to carry on the foreign affairs functions of the United

3 States.

4 (2) Not less than 15 days before any agency head im5 plements a waiver under paragraph (1), such agency head

6 shall notify the Chairman of the Committee on Foreign Re7 lations of the Senate and the Speaker of the House of Rep8 resentatives. Such notice shall include an explanation of the

9 circumstances and necessity for such waiver.

10 SEC. 112. TRANSFERS AND REPROGRAMMINGS.

11 (a) AMENDMENTS TO THE STATE DEPARTMENT BASIC

12 AUTHORITIES ACT OF 1956.—Section 24 of the State De13 partment Basic Authorities Act of 1956 (22 U.S.C. 2696)

14 is amended—

15 (1) in subsection (b)(7), by striking subpara16 graph (E);

17 (2) in subsection (d)(1)—

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

19 ‘‘either’’; and

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

21 ‘‘such’’;

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

23 sentence to read as follows: ‘‘Amounts appropriated

24 for the ‘Diplomatic and Consular Programs’ account

25 may not exceed by more than 5 percent the amount
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1 specifically authorized to be appropriated for such ac2 count for a fiscal year.’’; and

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

4 (b) DIPLOMATIC CONSTRUCTION PROGRAM.—Section

5 401 of the Omnibus Diplomatic Security and Antiterrorism

6 Act of 1986 (22 U.S.C. 4851) is amended by striking sub7 sections (c) and (h)(3).

8 (c) REPROGRAMMING.—Section 34 of the State Depart9 ment Basic Authorities Act of 1956 (22 U.S.C. 2706) is

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

11 inserting ‘‘$1,000,000’’.

12 SEC. 113. CHILD CARE FACILITIES AT CERTAIN POSTS

13 ABROAD.

14 Section 31 of the State Department Basic Authorities

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

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

17 inserting ‘‘The’’.

18 SEC. 114. EXPENSES RELATING TO CERTAIN INTER19 NATIONAL CLAIMS AND PROCEEDINGS.

20 Section 38 of the State Department Basic Authorities

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

22 end the following new subsections:

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

24 State may use competitive procedures or procedures other

25 than competitive procedures to procure the services of ex-
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1 perts for use in preparing or prosecuting a proceeding be2 fore an international tribunal or a claim by or against a

3 foreign government or other foreign entity, whether or not

4 the expert is expected to testify, or to procure other support

5 services for such proceedings or claims. The Secretary need

6 not provide any written justification for the use of proce7 dures other than competitive procedures when procuring

8 such services under this subsection and need not furnish for

9 publication in the Commerce Business Daily or otherwise

10 any notice of solicitation or synopsis with respect to such

11 procurement.

12 ‘‘(d) INTERNATIONAL LITIGATION FUND.—

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

14 Department of State with a dependable, flexible, and

15 adequate source of funding for the expenses of the De16 partment related to preparing or prosecuting a pro17 ceeding before an international tribunal, or a claim

18 by or against a foreign government or other foreign

19 entity, there is established an International Litiga20 tion Fund (hereafter in this subsection referred to as

21 the ‘‘ILF’’). The ILF may be available without fiscal

22 year limitation. Funds otherwise available to the De23 partment for the purposes of this paragraph may be

24 credited to the ILF.
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1 ‘‘(2) REPROGRAMMING PROCEDURES.—Funds

2 credited to the ILF shall be treated as a

3 reprogramming of funds under section 34 and shall

4 not be available for obligation or expenditure except

5 in compliance with the procedures applicable to such

6 reprogrammings. This paragraph shall not apply to

7 the transfer of funds under paragraph (3).

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

9 the Department of State from another agency of the

10 United States Government or pursuant to the Depart11 ment of State Appropriations Act of 1937 (49 Stat.

12 1321, 22 U.S.C. 2661) to meet costs of preparing or

13 prosecuting a proceeding before an international tri14 bunal, or a claim by or against a foreign government

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

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

17 ILF shall be available only for the purposes of para18 graph (1).’’.

19 SEC. 115. PROHIBITION ON DISCRIMINATORY CONTRACTS.

20 (a) PROHIBITION.—

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

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

23 enter into any contract that expends funds appro24 priated to the Department of State for an amount in

25 excess of the small purchase threshold (as defined in
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1 section 4(11) of the Office of Federal Procurement

2 Policy Act (41 U.S.C. 403(11))—

3 (A) with a foreign person that complies

4 with the Arab League boycott of Israel, or

5 (B) with any foreign or United States per6 son that discriminates in the award of sub7 contracts on the basis of religion.

8 (2) For purposes of this section—

9 (A) a foreign person complies with the boy10 cott of Israel by Arab League countries when

11 that foreign person takes or knowingly agrees to

12 take any action, with respect to the boycott of Is13 rael by Arab League countries, which section

14 8(a) of the Export Administration Act of 1979

15 (50 U.S.C. App. 2407(a)) prohibits a United

16 States person from taking, except that for pur17 poses of this paragraph, the term ‘‘United States

18 person’’ as used in subparagraphs (B) and (C)

19 of section 8(a)(1) of such Act shall be deemed to

20 mean ‘‘person’’; and

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

22 person other than a United States person as de23 fined in section 16(2) of the Export Administra24 tion Act of 1979 (50 U.S.C. App. 2415).
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1 (3) For purposes of paragraph (1), a foreign per2 son shall be deemed not to comply with the boycott of

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

4 Secretary of State or his designee on the basis of

5 available information, certifies that the person vio6 lates or otherwise does not comply with the boycott of

7 Israel by Arab League countries by taking any ac8 tions prohibited by section 8(a) of the Export Admin9 istration Act of 1979 (50 U.S.C. App. 2407(a)). Cer10 tification by the Secretary of State or his designee

11 may occur only 30 days after notice has been given

12 to the Congress that this certification procedure will

13 be utilized at a specific overseas mission.

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

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

16 country-by-country basis for a period not to exceed one year

17 upon certification to the Congress by the Secretary that

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

19 carry on diplomatic functions of the United States. Each

20 such certification shall include a detailed justification for

21 the waiver with respect to each such country.

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

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

24 Secretary of State shall ensure that any response to a solici25 tation for a bid or a request for a proposal, with respect
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1 to a contract covered by subsection (a), includes the follow2 ing clause, in substantially the following form:

3 ‘‘ARAB LEAGUE BOYCOTT OF ISRAEL

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

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

6 other than a United States person as defined in para7 graph (2); and

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

9 United States resident or national (other than an in10 dividual resident outside the United States and em11 ployed by other than a United States person), any do12 mestic concern (including any permanent domestic

13 establishment of any foreign concern), and any for14 eign subsidiary or affiliate (including any permanent

15 foreign establishment) of any domestic concern which

16 is controlled in fact by such domestic concern, as de17 termined under regulations of the President.

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

19 Offeror certifies that it is not—

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

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

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

23 Administration Act of 1979 (50 U.S.C. App. 2407(a))

24 prohibits a United States person from taking; or

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

26 on the basis of religion.’’.
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1 (2) An Offeror would not be required to include the

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

3 deemed not to comply with the Arab League boycott of Is4 rael by the Secretary of State or a designee on the basis

5 of available information. Certification by the Secretary of

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

7 has been given to the Congress that this certification proce8 dure will be utilized at a specific overseas mission.

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

10 Department contract solicitations include a detailed expla11 nation of the requirements of section 8(a) of the Export Ad12 ministration Act of 1979 (50 U.S.C. App. 2407(a)).

13 (d) REVIEW AND TERMINATION.—(1) The Department

14 of State shall conduct reviews of the certifications submitted

15 pursuant to this section for the purpose of assessing the ac16 curacy of the certifications.

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

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

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

20 of State shall investigate such complaint, and if such com21 plaint is found to be correct and a violation of the certifi22 cation has been found, all contracts with such violator shall

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

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

25 not enter into any contracts with such a violator.
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1 SEC. 116. EMERGENCIES IN THE DIPLOMATIC AND CON2 SULAR SERVICE.

3 Section 4(c) of the State Department Basic Authorities

4 Act of 1956 (22 U.S.C. 2671(c)) is amended by striking

5 ‘‘and the Foreign Service’’ and by striking ‘‘an annual con6 fidential’’ and inserting ‘‘a periodic’’.

7 SEC. 117. CONSULAR AUTHORITIES.

8 (a) PERSONS AUTHORIZED TO ISSUE PASSPORTS

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

10 and validity of passports, and for other purposes’’, ap11 proved July 3, 1926 (44 Stat. 887, 22 U.S.C. 211a), is

12 amended by striking ‘‘by diplomatic representatives of the

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

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

15 consular officers of the United States, and by other employ16 ees of the Department of State who are citizens of the Unit17 ed States,’’.

18 (b) NOTARIAL AUTHORITY.—Section 7 of the Act enti19 tled ‘‘An Act to provide for the reorganization of the con20 sular service of the United States’’, approved April 5, 1906

21 (34 Stat. 100; 22 U.S.C. 4221), is amended by adding at

22 the end the following new sentence: ‘‘Pursuant to such regu23 lations as the Secretary of State may prescribe, the Sec24 retary may designate any other employee of the Department

25 of State who is a citizen of the United States to perform
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1 any notarial function authorized to be performed by a con2 sular officer of the United States under this Act.’’.

3 SEC. 118. VISAS.

4 (a) SURCHARGE FOR PROCESSING CERTAIN VISAS.—

5 (1) Notwithstanding any other provision of law, the Sec6 retary of State is authorized to charge a fee or surcharge

7 for processing machine readable nonimmigrant visas and

8 machine readable combined border crossing identification

9 cards and nonimmigrant visas.

10 (2) Fees collected under the authority of subsection (a)

11 shall be deposited in the general fund of the Treasury and

12 available to the Department of State, subject to amounts

13 provided in advance in appropriations Acts, to recover the

14 costs of providing consular services, which shall include the

15 payment of any fees for access to the criminal history

16 records of the Federal Bureau of Investigation for process17 ing visa applications and making immigration eligibility

18 determinations. Such fees shall remain available for obliga19 tion until expended.

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

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

22 of $107,500,000.

23 (4) The provisions of the Act of August 18, 1856 (Re24 vised Statutes 1726–28; 22 U.S.C. 2212–14), concerning ac-
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1 counting for consular fees shall not apply to fees collected

2 under this subsection.

3 (5) No fee or surcharge authorized under subsection

4 (a)(1) may be charged to a national of a country that is

5 a signatory to the North American Free Trade Agreement.

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

7 than 24 months after the date of the enactment of this Act,

8 the Secretary of State shall implement an upgrade of all

9 overseas visa lookout operations to computerized systems

10 with automated multiple-name search capabilities.

11 (c) PROCESSING OF VISAS FOR ADMISSION TO THE

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

13 date of the enactment of this Act, whenever a United States

14 consular officer issues a visa for admission to the United

15 States, that official shall certify, in writing, that a check

16 of the Automated Visa Lookout System, or any other system

17 or list which maintains information about the excludability

18 of aliens under the Immigration and Nationality Act, has

19 been made and that there is no basis under such system

20 for the exclusion of such alien.

21 (B) If, at the time an alien applies for an immigrant

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

23 Department of State’s visa lookout system and the consular

24 officer to whom the application is made fails to follow the

25 procedures in processing the application required by the in-
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1 clusion of the alien’s name in such system, the consular offi2 cer’s failure shall be made a matter of record and shall be

3 considered as a serious negative factor in the officer’s an4 nual performance evaluation.

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

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

7 the United States and there is thereafter probable cause to

8 believe that the alien was a participant in a terrorist act

9 causing serious loss of life or property in the United States,

10 the Secretary of State shall convene an Accountability Re11 view Board under the authority of title III of the Omnibus

12 Diplomatic Security and Antiterrorism Act of 1986.

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

14 Chapter 7 of the Foreign Service Act of 1980 is amend15 ed—

16 (1) in the chapter title, by striking ‘‘Foreign

17 Service Institute,’’;

18 (2) in section 701 (22 U.S.C. 4021)—

19 (A) by striking the section title and insert20 ing ‘‘Institution for Training.’’;

21 (B) in subsection 701(a)—

22 (i) by striking ‘‘the Foreign Service In23 stitute (hereinafter in this chapter referred

24 to as the ‘Institute’)’’ and inserting ‘‘an in25 stitution or center for training (hereinafter
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1 in this chapter referred to as the ‘institu2 tion’)’’; and

3 (ii) by striking ‘‘Institute’’ and insert4 ing ‘‘institution’’;

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

6 subsection:

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

8 for special professional foreign affairs training and instruc9 tion of employees of foreign governments through the insti10 tution.

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

12 shall be on a reimbursable or advance-of-funds basis. Such

13 reimbursements or advances to the Department of State

14 may be provided by an agency of the United States Govern15 ment or by a foreign government and shall be credited to

16 the currently available applicable appropriation account.

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

18 instance to officials from newly emerging democratic na19 tions, and then to other nations as deemed to be in the na20 tional interest of the United States.

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

22 training and instruction provided under this section.’’;

23 (3) in subsection 701(b) and sections 702, 704,

24 705, and 707, by striking ‘‘Foreign Service Institute’’
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1 and ‘‘Institute’’ wherever they appear and inserting

2 ‘‘institution’’.

3 SEC. 120. REPORT ON CONSOLIDATION OF ADMINISTRA4 TIVE OPERATIONS.

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

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

7 of the United States Information Agency and the Adminis8 trator of the Agency for International Development, shall

9 submit to the Chairman of the Committee on Foreign Rela10 tions of the Senate and to the Speaker of the House of Rep11 resentatives a report concerning the feasibility of consolidat12 ing domestic administrative operations for the Department

13 of State, the United States Information Agency, and the

14 Agency for International Development. Such report shall

15 include specific recommendations for implementation of

16 such consolidation.

17 SEC. 121. LOCAL GUARD CONTRACTS ABROAD.

18 Section 136(c) of the Foreign Relations Authorization

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

20 amended—

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

22 distance from the post’’;

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

24 paragraphs (7) and (8), respectively; and
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1 (3) by inserting after paragraph (1) the follow2 ing:

3 ‘‘(2) absent compelling reasons, award such con4 tracts through the competitive process;

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

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

7 total points on the basis of technical factors and

8 subfactors;

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

10 States dollars;

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

12 States firms are paid in United States dollars; and

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

14 consular posts assist United States firms in obtaining

15 local licenses and permits.’’.

16 SEC. 122. ANNUAL COUNTRY REPORTS ON TERRORISM.

17 Section 140 of the Foreign Relations Authorization

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

19 amended in subsection (b)(2)—

20 (1) by striking ‘‘and’’ at the end of subpara21 graph (C);

22 (2) by striking the period at the end of subpara23 graph (D) and inserting ‘‘; and’’; and

24 (3) by adding at the end the following new sub25 paragraph:
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1 ‘‘(E) efforts by the United States to elimi2 nate international financial support provided to

3 those groups directly or provided in support of

4 their activities.’’.

5 SEC. 123. REWARDS FOR INFORMATION REGARDING ACTS

6 OF INTERNATIONAL TERRORISM WITHIN THE

7 UNITED STATES.

8 Section 36 of the State Department Basic Authorities

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

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

11 primarily outside the territorial jurisdiction of the

12 United States’’; and

13 (2) in subsection (i)—

14 (A) by striking ‘‘and’’ at the end of para15 graph (1);

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

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

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

19 paragraph:

20 ‘‘(3) the term ‘international terrorism’ means ac21 tivities that—

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

23 to human life that are a violation of the crimi24 nal laws of the United States or of any State, or

25 that would be a criminal violation if committed
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1 within the jurisdiction of the United States or

2 any State;

3 ‘‘(B) appear to be intended—

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

5 population;

6 ‘‘(ii) to influence the policy of a gov7 ernment by intimidation or coercion; or

8 ‘‘(iii) to effect the conduct of a govern9 ment by assassination or kidnapping; and

10 ‘‘(C) occur totally outside the United States,

11 or transcend national boundaries in terms of the

12 means by which they are accomplished, the per13 sons they appear intended to coerce or intimi14 date, or the locale in which their perpetrators op15 erate or seek asylum.’’.

16 SEC. 124. PROPERTY AGREEMENTS.

17 Whenever the Department of State enters into lease18 purchase agreements involving property in foreign coun19 tries pursuant to section 1 of the Foreign Service Buildings

20 Act (22 U.S.C. 292), the Department shall account for such

21 transactions in accordance with fiscal year obligations.

22 SEC. 125. CAPITAL INVESTMENT FUND.

23 (a) ESTABLISHMENT.—There is established within the

24 Department of State a Capital Investment Fund to provide

25 for the procurement of information technology and other re-
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1 lated capital investments for the Department of State and

2 to ensure the efficient management, coordination, operation,

3 and utilization of such resources.

4 (b) FUNDING.—Funds otherwise available for the pur5 poses of subsection (a) may be deposited in such Fund.

6 (c) AVAILABILITY.—Amounts deposited into the Fund

7 are authorized to remain available until expended.

8 (d) EXPENDITURES FROM THE FUND.—Amounts de9 posited in the Fund shall be available for expenditure to

10 procure capital equipment and information technology.

11 (e) REPROGRAMMING PROCEDURES.—Funds credited

12 to the Capital Investment Fund shall be treated as a

13 reprogramming of funds under section 34 of the State De14 partment Basic Authorities Act of 1956 (22 U.S.C. 2710)

15 and shall not be available for obligation or expenditure ex16 cept in compliance with the procedures applicable to such

17 reprogrammings.

18 SEC. 126. TECHNICAL AMENDMENT.

19 Section 2 of the State Department Basic Authorities

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

21 ‘‘(m) pay’’.
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1 PART C—DEPARTMENT OF STATE ORGANIZATION

2 SEC. 131. UNDER SECRETARY AND ASSISTANT SECRETARY

3 POSITIONS.

4 (a) NUMBERS OF UNDER SECRETARIES AND ASSIST5 ANT SECRETARIES.—Section 1 of the Act of May 26, 1949,

6 as amended (22 U.S.C. 2652), is further amended by strik7 ing everything after ‘‘Deputy Secretary of State’’ and in8 serting in lieu thereof ‘‘and not more than 5 Under Sec9 retaries of State and not more than 20 Assistant Secretaries

10 of State.’’.

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

12 other officials of the Department of State who are author13 ized to be compensated at level IV of the Executive Schedule

14 of section 5315 of title 5, United States Code, not more than

15 4 other officers of the Department of State are authorized

16 to be compensated at such level, and shall be appointed by

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

18 Senate.

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

20 the Department of State Appropriations Authorization Act

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

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

23 provided under the first section of the Act of May 26,

24 1949, as amended (22 U.S.C. 2652), there’’ and in25 serting in lieu thereof ‘‘There’’; and
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1 (B) by inserting before the period at the end of

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

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

4 (2) Section 122(a) of the Foreign Relations Authoriza5 tion Act, Fiscal Years 1992 and 1993 (22 U.S.C. 2652b)

6 is amended by striking ‘‘, which is in addition to the posi7 tions provided under the first section of the Act of May 26,

8 1949 (22 U.S.C. 2652)’’.

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

10 amended by striking:

11 ‘‘Under Secretary of State for Political Affairs and

12 Under Secretary of State for Economic and Agricultural

13 Affairs and an Under Secretary of State for Coordinating

14 Security Assistance Programs and Under Secretary of State

15 for Management.

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

17 and inserting in lieu thereof:

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

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

20 amended by striking:

21 ‘‘Assistant Secretary for Oceans and International En22 vironmental and Scientific Affairs, Department of State.’’,

23 ‘‘Assistant Secretary for International Narcotics Mat24 ters, Department of State.’’,
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1 ‘‘Assistant Secretary for South Asian Affairs, Depart2 ment of State.’’,

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

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

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

6 amended, is further amended by striking:

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

8 and inserting in lieu thereof:

9 ‘‘Assistant Secretaries of State (20) and 4 other officers

10 of the Department of State appointed by the President, by

11 and with the advice and consent of the Senate.’’.

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

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

14 of the United States’’ (May 18, 1937; Public Law 75–91;

15 22 U.S.C. 2655) is repealed.

16 (2) Section 30 of the Act entitled ‘‘An Act for the reor17 ganization and improvement of the Foreign Service of the

18 United States and for other purposes’’ (May 24, 1924; Pub19 lic Law 68–135; 22 U.S.C. 2654) is repealed.

20 (e) ASSUMPTION OF DUTIES.—The individual holding

21 the Office of Counselor on the date of enactment of this Act

22 shall assume the duties of an Under Secretary of State for

23 Global Affairs and shall not be required to be reappointed

24 by reason of the enactment of this section.
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1 SEC. 132. REDESIGNATION OF POSITION AS ASSISTANT SEC2 RETARY FOR DEMOCRACY, HUMAN RIGHTS,

3 AND LABOR.

4 (a) REDESIGNATION OF POSITION.—The Foreign As5 sistance Act of 1961 is amended—

6 (1) in section 116(c) (22 U.S.C. 2151n), by strik7 ing ‘‘Assistant Secretary for Human Rights and Hu8 manitarian Affairs’’ and inserting ‘‘Assistant Sec9 retary of State for Democracy, Human Rights, and

10 Labor’’;

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

12 502B(c)(1) (22 U.S.C. 2304(c)), and 505(g)(4)(A) (22

13 U.S.C. 2314(g)(4)(A)) by striking ‘‘Human Rights

14 and Humanitarian Affairs’’ each place it appears

15 and inserting ‘‘Democracy, Human Rights, and

16 Labor’’;

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

18 Rights and Humanitarian Affairs’’ and inserting

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

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

21 (A) by striking ‘‘Human Rights and Hu22 manitarian Affairs’’ each place it appears and

23 inserting ‘‘Democracy, Human Rights, and

24 Labor’’;
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1 (B) by striking ‘‘refugees, prisoners of war,’’

2 each place it appears and inserting ‘‘prisoners of

3 war’’; and

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

5 the period at the end of the first sentence ‘‘, and

6 such other related duties as the Secretary may

7 from time to time designate’’.

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

9 Arms Export Control Act (22 U.S.C. 2755(d)(1)) is amend10 ed by striking ‘‘Assistant Secretary of State for Human

11 Rights and Humanitarian Affairs’’ and inserting in lieu

12 thereof ‘‘Assistant Secretary of State for Democracy,

13 Human Rights, and Labor’’.

14 (c) ASSUMPTION OF DUTIES.—The individual holding

15 the office of Assistant Secretary of State for Human Rights

16 and Humanitarian Affairs on the date of enactment of this

17 Act shall assume the duties of Assistant Secretary of State

18 for Democracy, Human Rights, and Labor and shall not

19 be required to be reappointed by reason of the enactment

20 of this section.
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1 SEC. 133. REDESIGNATION OF POSITION AS ASSISTANT SEC2 RETARY FOR NARCOTICS, TERRORISM, AND

3 CRIME.

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

5 the Foreign Relations Authorization Act, Fiscal Year 1979

6 (22 U.S.C. 2652a) is amended—

7 (1) in the section heading, by striking ‘‘INTER8 NATIONAL NARCOTICS MATTERS’’ and inserting in lieu

9 thereof ‘‘NARCOTICS, TERRORISM, AND CRIME’’; and

10 (2) in the text—

11 (A) by striking ‘‘, in addition to the posi12 tions provided under the first section of the Act

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

14 (B) by striking ‘‘International Narcotics

15 Matters’’ and inserting ‘‘Narcotics, Terrorism

16 and Crime’’; and

17 (C) by inserting before the period at the end

18 ‘‘and such other related duties as the Secretary

19 may from time to time designate’’.

20 (b) ASSUMPTION OF DUTIES.—The individual holding

21 the office of Assistant Secretary of State for International

22 Narcotics Matters on the date of enactment of this Act shall

23 assume the duties of Assistant Secretary of State for Narcot24 ics, Terrorism, and Crime and shall not be required to be

25 reappointed by reason of the enactment of this section.
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1 SEC. 134. ADMINISTRATIVE EXPENSES FOR NARCOTICS,

2 TERRORISM, AND CRIME.

3 Section 482 of the Foreign Assistance Act of 1961 (22

4 U.S.C. 2291a) is amended by adding the following new sub5 section:

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

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

8 this section are authorized to provide administrative assist9 ance to personnel assigned to the bureau designated by the

10 Secretary of State to replace the Bureau for International

11 Narcotics Matters.

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

13 result in a reduction in funds available for antinarcotics

14 assistance to foreign countries.’’.

15 SEC. 135. COORDINATOR FOR INTERNATIONAL COMMU16 NICATIONS AND INFORMATION POLICY.

17 (a) IN GENERAL.—Section 35 of the State Department

18 Basic Authorities Act of 1956 (22 U.S.C. 2707) is amend19 ed—

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

21 (2) in subsection (b)—

22 (A) by striking the text above paragraph (1)

23 and inserting the following: ‘‘The Secretary of

24 State shall be responsible for formulation, coordi25 nation, and oversight of foreign policy related to
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1 international communications and information

2 policy. The Secretary of State shall—’’;

3 (B) by striking paragraph (2);

4 (C) by redesignating paragraph (1) as

5 paragraph (2);

6 (D) by inserting before redesignated para7 graph (2) the following:

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

9 of foreign policy with respect to such telecommuni10 cations functions, including the determination of

11 United States positions and the conduct of United

12 States participation in negotiations with foreign gov13 ernments and international bodies. In exercising this

14 responsibility, the Secretary shall coordinate with

15 other agencies as appropriate, and, in particular,

16 shall give full consideration to the authority vested by

17 law or Executive order in the Federal Communica18 tions Commission, the Department of Commerce and

19 the Office of the United States Trade Representative

20 in this area;’’.

21 (E) in redesignated paragraph (2), by strik22 ing ‘‘with the bureaus and offices of the Depart23 ment of State and’’, and inserting before the

24 semicolon ‘‘and with the Federal Communica25 tions Commission, as appropriate’’; and
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1 (F) in paragraph (3), by striking ‘‘the Sen2 ior Interagency Group on International Commu3 nications and Information Policy’’ and inserting

4 ‘‘any senior interagency policymaking group on

5 international telecommunications and informa6 tion policy and chair such interagency meetings

7 as may be necessary to coordinate actions on

8 pending issues;’’.

9 (b) RULE OF CONSTRUCTION.—Nothing in the amend10 ments made by this section affects the nature or scope of

11 the authority that is on the date of enactment of this Act

12 vested by law or Executive order in the Department of Com13 merce, the Office of the United States Trade Representative,

14 the Federal Communications Commission, or any officer

15 thereof.

16 SEC. 136. REFUGEE AFFAIRS.

17 (a) COORDINATION OF REFUGEE AFFAIRS.—Section

18 301 of the Refugee Act of 1980 (8 U.S.C. 1525) is amended

19 to read as follows:

20 ‘‘SEC. 301. (a) The Secretary of State, together with

21 the Secretary of Health and Human Services and the Attor22 ney General, shall—

23 ‘‘(1) develop overall United States refugee admis24 sion and resettlement policy;
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1 ‘‘(2) coordinate all United States domestic and

2 international refugee admission and resettlement pro3 grams in a manner that assures that policy objectives

4 are met in a timely fashion;

5 ‘‘(3) develop an effective and responsive liaison

6 between the Federal Government and voluntary orga7 nizations, Governors and mayors, and others involved

8 in refugee relief and resettlement work to reflect over9 all United States Government policy; and

10 ‘‘(4) make recommendations to the President and

11 to the Congress with respect to policies for, objectives

12 of, and establishment of priorities for, Federal func13 tions relating to refugee admission and resettlement

14 in the United States.

15 ‘‘(b) In the conduct of the duties described in subsection

16 (a), the Secretary of State, together with the Secretary of

17 Health and Human Services and the Attorney General,

18 shall consult regularly with States, localities, and private

19 nonprofit voluntary agencies concerning the sponsorship

20 process and the intended distribution of refugees.

21 ‘‘(c) The Secretary of State, together with the Secretary

22 of Health and Human Services and the Attorney General,

23 shall design an overall budget strategy to provide individual

24 agencies with policy guidance on refugee matters in the

25 preparation of their budget requests, and to provide the Of-
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1 fice of Management and Budget with an overview of all ref2 ugee-related budget requests.’’.

3 (b) AMENDMENTS TO THE REFUGEE ACT OF 1980.—

4 Title III of the Refugee Act of 1980 is amended—

5 (1) in the title heading, by striking ‘‘UNITED

6 STATES COORDINATOR FOR REFUGEE AF7 FAIRS’’ and inserting ‘‘UNITED STATES CO8 ORDINATION OF REFUGEE AFFAIRS’’; and

9 (2) in the heading of part A, by striking ‘‘UNIT10 ED STATES COORDINATOR FOR REFUGEE AFFAIRS’’

11 and inserting ‘‘UNITED STATES COORDINATION OF

12 REFUGEE AFFAIRS’’.

13 (c) AMENDMENT TO THE MIGRATION AND REFUGEE

14 ASSISTANCE ACT.—Section 5 of the Migration and Refugee

15 Assistance Act (22 U.S.C. 2605) is amended by adding at

16 the end the following new subsection:

17 ‘‘(c) Personnel funded pursuant to this section are au18 thorized to provide administrative assistance to personnel

19 assigned to the bureau charged with carrying out this Act.’’.

20 (d) CONFORMING AMENDMENTS.—(1) Section 411(b)

21 of the Immigration and Nationality Act (8 U.S.C. 1521(b))

22 is amended by striking ‘‘and under the general policy guid23 ance of the United States Coordinator for Refugee Affairs

24 (hereinafter 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 Nationality

2 Act (8 U.S.C. 1522) is amended—

3 (A) in subsection (a)(2)(A), by striking ‘‘, to4 gether with the Coordinator,’’ and inserting ‘‘, to5 gether wiht the Secretary of State,’’;

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

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

8 (C) in subsection (e)(7)(C), by striking ‘‘, in con9 sultation with the United States Coordinator for Ref10 ugee Affairs,’’.

11 (3) Section 413(a) of the Immigration and Nationality

12 Act (8 U.S.C. 1523) is amended by striking ‘‘, in consulta13 tion with the Coordinator,’’.

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

15 who has been confirmed by the Senate as Ambassador at

16 Large for Population, Refugees and Migration on the date

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

18 date the duties of Assistant Secretary of State for Popu19 lation, Refugees and Migration which were vested in the

20 Assistant Secretary before such date. Such individual shall

21 not be required to be reappointed by reason of the enactment

22 of this section.

23 SEC. 137. WOMEN’S HUMAN RIGHTS PROTECTION.

24 (a) FINDINGS.—The Congress finds that—
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1 (1) issues of gender-based discrimination and vi2 olence against women have long been ignored or over3 looked; and

4 (2) abuses against women should have greater

5 visibility in the policymaking formulation.

6 (b) POLICY.—It is the sense of Congress that the De7 partment of State should designate within the appropriate

8 bureau a special assistant to the Assistant Secretary to as9 sure that women’s human rights issues are considered in

10 the overall development of international human rights pol11 icy.

12 SEC. 138. REPEALS.

13 ENVOY TO THE AFGHAN RESISTANCE.—Section 306 of

14 the Department of State Appropriations Act, 1989 (Public

15 Law 100–459) is repealed.

16 PART D—PERSONNEL

17 SEC. 141. LABOR-MANAGEMENT RELATIONS.

18 Section 1017(e) of the Foreign Service Act of 1980 (22

19 U.S.C. 4117) is amended to read as follows:

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

21 chapter, participation in the management of a labor orga22 nization for purposes of collective bargaining or acting as

23 a representative of a labor organization for such purpose

24 is prohibited under this chapter—
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1 ‘‘(A) on the part of any management official or

2 confidential employee;

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

4 served as a management official or confidential em5 ployee during the preceding two years; or

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

7 participation or activity would result in a conflict of

8 interest or apparent conflict of interest or would oth9 erwise be incompatible with law or with the official

10 functions of such employee.

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

12 ‘management official’ does not include any chief of mission,

13 principal officer, or deputy thereof, or any administrative

14 or personnel officer abroad.’’.

15 SEC. 142. WAIVER OF LIMITATION FOR CERTAIN CLAIMS

16 FOR PERSONAL PROPERTY DAMAGE OR LOSS.

17 (a) CLAIMS RESULTING FROM EMERGENCY EVACU18 ATION IN A FOREIGN COUNTRY.—Subsection 3721(b) of title

19 31 of the United States Code is amended—

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

21 (2) by adding after paragraph (1), as so des22 ignated, the following:

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

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

25 claims for damage or loss by United States Government
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1 personnel under the jurisdiction of a chief of mission in

2 a foreign country if such claims in circumstances where

3 there is in effect a departure from the country authorized

4 or ordered under circumstances described in section 5522(a)

5 of title 5, if the Secretary determines that there exists excep6 tional circumstances that warrant such a waiver.’’.

7 (b) RETROACTIVE APPLICATION.—The amendments

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

9 arising on or after October 31, 1988.

10 SEC. 143. SALARIES OF CHIEFS OF MISSION.

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

12 U.S.C. 3961(a)) is amended by striking ‘‘, exclusive of dan13 ger pay,’’.

14 SEC. 144. SENIOR FOREIGN SERVICE PERFORMANCE PAY.

15 (a) PROHIBITION ON AWARDS.—Notwithstanding any

16 other provision of law, the Secretary of State may not

17 award or pay performance payments for fiscal years 1994

18 and 1995 under section 405 of the Foreign Service Act of

19 1980 (22 U.S.C. 3965), until the Director of the Office of

20 Personnel Management issues regulations or otherwise au21 thorizes or recommends the payment of rank awards or per22 formance awards to other Federal employees for such fiscal

23 years under section 4507 or 5384 of title 5, United States

24 Code.
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1 (b) AWARDS IN SUBSEQUENT FISCAL YEARS.—The

2 Secretary may not make a performance award or payment

3 in any fiscal year after a fiscal year referred to in sub4 section (a) for the purpose of providing an individual with

5 a performance award or payment to which the individual

6 would otherwise have been entitled in a fiscal year referred

7 to such subsection but for the prohibition described in such

8 subsection.

9 (c) AMENDMENT TO FOREIGN SERVICE ACT OF

10 1980.—Section 405(b)(4) of the Foreign Service Act of 1980

11 (22 U.S.C. 3965(b)(4)) is amended to read as follows:

12 ‘‘(4) Any award under this section shall be sub13 ject to the limitation on certain payments under sec14 tion 5307 of title 5, United States Code.’’.

15 SEC. 145. REASSIGNMENT AND RETIREMENT OF FORMER

16 PRESIDENTIAL APPOINTEES.

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

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

19 ‘‘SEC. 813. REASSIGNMENT AND RETIREMENT OF

20 FORMER PRESIDENTIAL APPOINTEES.—(a) If a partici21 pant completes an assignment under section 302(b) in a

22 position to which the participant was appointed by the

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

24 participant shall be reassigned in the Service within 90
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1 days after the completion of such assignment and any pe2 riod of authorized leave.

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

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

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

6 and is not reassigned within 90 days after the completion

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

8 participant shall be retired from the Service and receive

9 retirement benefits in accordance with section 806 or sec10 tion 855, as appropriate.’’.

11 SEC. 146. REPORT ON CLASSIFICATION OF SENIOR FOR12 EIGN SERVICE POSITIONS.

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

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

15 of the United States shall conduct a classification audit of

16 all Senior Foreign Service positions in Washington, Dis17 trict of Columbia, assigned to the Department of State, the

18 Agency for International Development, and the United

19 States Information Agency and shall review the methods for

20 classification of such positions.

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

22 of enactment of this Act, the Comptroller General shall sub23 mit a report of such audit and review to the Chairman of

24 the Committee on Foreign Relations of the Senate and the

25 Speaker of the House of Representatives.
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1 SEC. 147. ALLOWANCES.

2 (a) AWAY-FROM-POST EDUCATION ALLOWANCE.—Sec3 tion 5924(4)(A) of title 5, United States Code, is amended

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

5 travel from school to post is infeasible, travel may be al6 lowed between the school attended and the home of a des7 ignated relative or family friend or to join a parent at any

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

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

10 (b) EDUCATIONAL TRAVEL FOR COLLEGE STUDENTS

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

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

13 United States’’ by inserting ‘‘(or to and from a school out14 side the United States if the dependent is attending that

15 school for less than one year under a program approved

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

17 is enrolled, with the allowable travel expense not to exceed

18 the cost of travel to and from the school in the United

19 States)’’.

20 SEC. 148. INAPPLICABILITY OF ROLLOVER AUTHORITY FOR

21 CERTAIN ALLOWANCES AND OTHER PAY22 MENTS.

23 Section 5307(b) of title 5, United States Code (relating

24 to rollover authority for the making of certain payments

25 to Federal employees) shall not apply to employees of the

26 Department of State.
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1 SEC. 149. GRIEVANCES.

2 (a) GRIEVANCE BOARD PROCEDURES.—Section 1106

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

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

5 ‘‘until the Board has ruled upon the grievance.’’ and insert6 ing ‘‘until the date which is one year after such determina7 tion or until the Board has ruled upon the grievance, which8 ever comes first. The Board shall extend the one-year limita9 tion under the preceding sentence and the Department shall

10 continue to suspend such action, if the Board determines

11 that the agency or the Board is responsible for the delay

12 in the resolution of the grievance. The Board may also ex13 tend the 1-year limit if it determines that the delay is due

14 to the complexity of the case, the unavailability of witnesses

15 or to circumstances beyond the control of the agency, the

16 Board or the grievant.’’.

17 (b) TIME LIMITATION ON REQUESTS FOR JUDICIAL

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

19 (22 U.S.C. 4140) is amended in the first sentence by insert20 ing before the period ‘‘, if the request for judicial review

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

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

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

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

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

26 party’s return to the United States)’’.
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1 SEC. 150. MID-LEVEL WOMEN AND MINORITY PLACEMENT

2 PROGRAM.

3 (a) PURPOSE.—It is the purpose of this section to pro4 mote the acquisition and retention of highly qualified,

5 trained and experienced women and minority personnel

6 within the Foreign Service and to provide the maximum

7 opportunity for the Foreign Service to meet staffing needs

8 and to acquire the services of experienced and talented

9 women and minority personnel and to help alleviate the

10 impact of downsizing, reduction-in-force, and budget re11 strictions occurring in the defense and national security12 related agencies of the United States.

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

14 1994 and 1995, the Secretary of State shall to the maxi15 mum extent practicable appoint as Foreign Service officers

16 qualified women and minority applicants who are partici17 pants in the priority placement program of the Department

18 of Defense, the Department of Defense out-placement refer19 ral program, or the Automated Applicant Referral System.

20 The Secretary shall make such appointments through the

21 mid-level entry program of the Department of State under

22 section 306 of the Foreign Service Act of 1980.

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

24 of enactment of this Act, the Secretary of State shall prepare

25 and submit a report concerning the implementation of sub26 section (a) to the Chairman of the Committee on Foreign
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1 Relations of the Senate and the Speaker of the House of

2 Representatives. Such report shall include recommendations

3 on methods to improve implementation of the purpose of

4 this section.

5 SEC. 151. EMPLOYMENT ASSISTANCE REFERRAL SYSTEM

6 FOR CERTAIN DEPARTMENT OF STATE EM7 PLOYEES.

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

9 in consultation with the Director of the Office of Personnel

10 Management, shall establish and operate a system that pro11 vides job placement assistance to eligible personnel of the

12 Department of State.

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

14 (A) permit eligible personnel to register for job

15 placement assistance under the system;

16 (B) contain information on vacancies in employ17 ment positions throughout the Department;

18 (C) facilitate the provision of information on the

19 positions referred to in subparagraph (B) to the per20 sonnel who register for assistance under subparagraph

21 (A); and

22 (D) assist, by referral or other means, the per23 sonnel referred to in subparagraph (C) in seeking em24 ployment in such position.
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1 (3) The Secretary of State shall, to the maximum ex2 tent practicable, ensure that the system operated under this

3 section is automated.

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

5 within the continental United States.

6 (b) ELIGIBLE PERSONNEL.—Personnel eligible for par7 ticipation in the job placement assistance system established

8 under this section include the following:

9 (1) Personnel of the Department of State who are

10 involuntarily separated from employment in the De11 partment by reason of a reduction in force of such

12 personnel.

13 (2) Personnel of the Department who decline to

14 accept a transfer to another position in the Depart15 ment under such a reduction in force or other pro16 gram for the consolidation of employment positions

17 within the Department.

18 (3) Former personnel of the Department whose

19 employment with the Department was terminated for

20 a reason described in paragraph (1) or (2).

21 (4) Such other personnel of the Department as

22 the Secretary of State determines to be eligible for

23 such participation.

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

25 commence operation of the system required under this sec-
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1 tion not later than 90 days after the date of the enactment

2 of this Act.

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

4 of enactment of this Act, the Secretary of State shall prepare

5 and submit a report concerning the implementation of sub6 section (a) to the Chairman of the Committee on Foreign

7 Relations of the Senate and the Speaker of the House of

8 Representatives. Such report shall include recommendations

9 on methods to improve implementation of the job placement

10 assistance system established under this section.

11 SEC. 152. FOREIGN LANGUAGE COMPETENCE WITHIN THE

12 FOREIGN SERVICE.

13 (a) MODEL FOREIGN LANGUAGE COMPETENCE POSTS

14 PROGRAM.—Section 161(a) of the Foreign Relations Au15 thorization Act, Fiscal Years 1990 and 1991 (22 U.S.C.

16 4171 note) is amended by adding at the end the following

17 new sentence: ‘‘Implementation of this program shall not

18 deny other posts, not so designated, of required language19 qualified personnel.’’.

20 (b) ADDITIONS TO LANGUAGE PROFICIENCY IN THE

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

22 Foreign Relations Authorization Act, Fiscal Years 1990

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

24 (1) by inserting ‘‘(1)’’ immediately after ‘‘Com25 petence.—’’; and
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1 (2) by adding at the end the following:

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

3 supervisor believes that an employee’s proficiency in a for4 eign language has declined below the minimum proficiency

5 level required for the employee’s current assignment, the su6 pervisor shall recommend that the employee seek remedial

7 language refresher training and, within reasonable limita8 tions, excuse the employee from a portion of his or her regu9 lar responsibilities to do so.

10 ‘‘(B) In the event the employee identified under sub11 paragraph (A) is assigned to a language-designated posi12 tion and is receiving a language differential for having

13 achieved a required level of foreign language proficiency,

14 the supervisor may also require that the employee’s current

15 proficiency in the foreign language be reevaluated at the

16 earliest opportunity. In this case the employee’s proficiency

17 shall be evaluated by reference to the standards and prac18 tices employed by the Foreign Service Institute. If the For19 eign Service Institute determines that the employee has

20 failed to maintain the required level of proficiency, the De21 partment of State shall suspend the differential until the

22 required proficiency level is regained.

23 ‘‘(C) For purposes of this section, the earliest oppor24 tunity for reevaluation of an employee’s foreign language

25 proficiency by the Foreign Service Institute shall be, for em-
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1 ployees not already in the Washington, D.C. area, the next

2 time the employee travels to the Washington, D.C. area on

3 official travel orders, or the next time a Foreign Service

4 Institute examiner visits the employee’s post of assignment

5 on regularly scheduled travel. No additional travel funds

6 may be expended for this purpose.’’.

7 SEC. 153. DESIGNATION OF FOREIGN LANGUAGE RE8 SOURCES COORDINATOR.

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

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

11 demands on limited Federal foreign language re12 sources available to support diplomacy, intelligence,

13 military preparedness, international security, and

14 global economic competitiveness goals;

15 (2) the absence of a single interagency mecha16 nism to coordinate Federal foreign language resources

17 represents a significant weakness in the United States

18 Government’s ability to mobilize and direct existing

19 foreign language assets in support of national foreign

20 policy goals; and

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

22 all Federal agencies maintaining and utilizing for23 eign language resources—

24 (A) to increase cost-effectiveness through

25 sharing of resources;
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1 (B) to identify foreign language needs and

2 priorities required to support foreign policy ob3 jectives; and

4 (C) to identify foreign language resources

5 capable of supporting global economic competi6 tiveness goals and to facilitate private sector ac7 cess to those resources.

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

9 (1) the Secretary of State, by virtue of his overall

10 responsibility under section 701(a) of the Foreign

11 Service Act of 1980 (22 U.S.C. 4011(a)) for training

12 and instruction in the field of foreign relations to

13 meet the needs of all Federal agencies, should take the

14 lead in this effort; and

15 (2) in order to avoid other Federal agencies du16 plicating the facilities and training provided by the

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

18 the Foreign Service Act of 1980 (22 U.S.C. 4011(b)),

19 the Secretary of State should call upon other Federal

20 agencies to share in the joint management and co21 ordination of Federal foreign language resources.

22 (c) DESIGNATION OF POSITION AND DUTIES.—(1) The

23 Secretary of State shall appoint a Foreign Language Re24 sources Coordinator (in this subsection referred to as the

25 ‘‘Coordinator’’) who shall be responsible—
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1 (A) for coordinating the efforts of the appro2 priate agencies of Government—

3 (i) to strengthen mechanisms for sharing of

4 foreign language resources; and

5 (ii) to identify Federal foreign language re6 source requirements in the areas of diplomacy,

7 intelligence, military preparedness, international

8 security, and other foreign policy objectives; and

9 (B) for making recommendations to the Sec10 retary of State as to which Federal foreign language

11 assets, if any, should be made available to the private

12 sector in support of national global economic competi13 tiveness goals.

14 (2) All United States Government agencies maintain15 ing and utilizing Federal foreign language training and re16 lated resources shall cooperate fully with the Coordinator.

17 SEC. 154. FOREIGN LANGUAGE TRANSLATOR AND INTER18 PRETER CAREER SERVICE PROGRAM.

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

20 (1) to enhance the capability of the Department

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

22 translation and interpretation services for Govern23 ment use;

24 (2) to obtain the services of professionally

25 trained translators and interpreters of foreign lan-
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1 guages for which the Secretary of State determines

2 there is a shortage of qualified Government personnel

3 which cannot otherwise be filled; and

4 (3) to stimulate United States institutions of

5 higher education to dedicate more resources to higher

6 levels of proficiency in their foreign language trans7 lation and interpretation programs.

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

9 program whereby the Department of State would obtain the

10 services of additional translators and interpreters trained

11 at institutions of higher education in the United States.

12 (B) Such program shall be referred to as the ‘‘Foreign

13 Language Translator and Interpreter Career Service Pro14 gram’’.

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

16 the costs of tuition for eligible United States citizens who

17 pursue professional training in translation or interpreta18 tion in foreign languages for which the Secretary deter19 mines there is a shortage of qualified Government personnel.

20 In exchange, individuals who successfully complete training

21 shall agree to perform such services at an entry-level rate

22 of pay in the Department of State for a period of not less

23 than one year for each year of academic tuition paid.

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

25 direct employment to other Government agencies in accord-
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1 ance with practices and procedures established by the Sec2 retary.

3 (c) ELIGIBILITY.—A United States citizen shall be eli4 gible for participation in the program under this section

5 if—

6 (1) the individual—

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

8 institution of higher education in the United

9 States; and

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

11 foreign language translation or interpretation;

12 (2) the institution and the program meet the ac13 creditation, curriculum, certification, and other

14 standards prescribed by the Secretary; and

15 (3) the individual submits a written application

16 to the Secretary and meets the minimum criteria pre17 scribed by the Secretary.

18 (d) NONCOMPLIANCE.—Any individual participating

19 in the program who fails to complete a program meeting

20 the standards prescribed in subsection (c)(2) shall reimburse

21 the Department of State for the Federal funds expended for

22 such individual’s tuition, together with interest on such

23 funds (calculated at the prevailing rate).

24 (e) SURCHARGE FOR CERTAIN FOREIGN LANGUAGE

25 SERVICES.—Notwithstanding any other provision of law,
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1 the Secretary of State is authorized to levy a surcharge, or

2 otherwise solicit funds, for providing other executive branch

3 agencies with foreign language translation and interpreta4 tion services.

5 (f) USE OF FUNDS.—Funds collected under the author6 ity of subsections (d) and (e) shall be deposited as an offset7 ting collection to any Department of State appropriation

8 to recover the cost of providing translation or interpretation

9 services in any foreign language, including the cost of train10 ing translators or interpreters pursuant to subsection (b).

11 Such funds may remain available until expended.

12 (g) DEFINITIONS.—For the purposes of this section—

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

14 has the same meaning given to such term by section

15 1201(a) of the Higher Education Act of 1965;

16 (2) the term ‘‘Secretary’’ means the Secretary of

17 State, acting through the Office of Language Services

18 or any successor office; and

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

20 personnel’’ means a shortage or absence of sufficiently

21 trained and qualified personnel to meet minimum re22 quirements for permanent Government employment as

23 translators or interpreters by reference to the stand24 ards employed by the Office of Language Services (or
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1 successor office), which cannot otherwise be filled from

2 contract rosters or other sources.

3 SEC. 155. ASSIGNMENT OF FOREIGN SERVICE OFFICERS

4 WITH ADVANCED PROFICIENCY IN FOREIGN

5 LANGUAGES.

6 (a) PURPOSE.—It is the purpose of this section to en7 courage the assignment of Foreign Service personnel with

8 language proficiency at the S4/R4 level (full professional

9 proficiency, as tested by the Foreign Service Institute) to

10 posts or positions in which their language capabilities are

11 effectively utilized.

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

13 (1) the Department of State’s Office of the In14 spector General noted, in its July 1993 report, that

15 existing foreign language proficiency among members

16 of the Foreign Service is not adequately weighed in

17 the assignments process, and that existing skills are

18 not adequately utilized, and

19 (2) the Department of State’s Office of the In20 spector General urged that the Department has legiti21 mate requirements at overseas posts that can only be

22 satisfied through S4/R4 level skills, and recommended

23 that certain overseas positions be designated at the

24 S4/R4 competence level.
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1 (c) PROGRAM.—(1) Pursuant to section 702 of the For2 eign Service Act of 1980 (22 U.S.C. 4022), the Secretary

3 of State shall direct the establishment and apportionment

4 of a certain number of overseas positions, at the S4/R4 level,

5 in each of a majority of overseas missions, as follows:

6 (A) For missions using world languages with

7 more than nine Foreign Service Officer positions as8 signed by the Department of State, 8 percent of posi9 tions and not less than one position will be estab10 lished at the S4/R4 level.

11 (B) For posts using hard or incentive languages,

12 with more than nine Foreign Service Officer positions

13 assigned by the Department of State, the number of

14 S4/R4-designated positions shall be at least four per15 cent of positions, and not less than one position.

16 (2) Overseas posts and the Department of State shall

17 retain flexibility to apportion S4/R4 language-designated

18 positions within respective overseas posts.

19 (3) Assignment of personnel with full professional pro20 ficiency shall be completed not later than September 30,

21 1995.

22 (d) REPORT TO THE CONGRESS.—The Secretary of

23 State shall report to the Congress not later than September

24 30, 1994, describing the progress made toward implementa25 tion of this section.
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1 PART E—INTERNATIONAL ORGANIZATIONS

2 Subpart A—United Nations and Related Agencies

3 SEC. 161. LIMITATION ON CONTRIBUTIONS TO THE UNITED

4 NATIONS AND AFFILIATED ORGANIZATIONS.

5 The United States shall not make any voluntary or

6 assessed contribution—

7 (1) to any affiliated organization of the United

8 Nations which grants full membership as a state to

9 any organization or group that does not have the

10 internationally recognized attributes of statehood, or

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

12 grants full membership as a state in the United Na13 tions to any organization or group that does not have

14 the internationally recognized attributes of statehood,

15 during any period in which such membership is effec16 tive.

17 SEC. 162. UNITED NATIONS SECURITY COUNCIL MEMBER18 SHIP.

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

20 findings:

21 (1) The effectiveness of the United Nations Secu22 rity Council in maintaining international peace and

23 security depends on its being representative of the

24 membership of the United Nations.

25 (2) The requirement of equitable geographic dis26 tribution in Article 23 of the United Nations Charter
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1 requires that the members of the Security Council of

2 the United Nations be chosen by nondiscriminatory

3 means.

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

5 General Assembly as the sole means for election of the

6 nonpermanent members of the Security Council is in7 herently discriminatory in the absence of guarantees

8 that all member states will have the opportunity to

9 join a regional group, and has resulted in discrimi10 nation against Israel.

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

12 that the President should direct the Secretary of State to

13 request the Secretary-General of the United Nations to seek

14 immediate resolution of the problem described in this sec15 tion. The President shall inform the Congress of any

16 progress in resolving this situation, together with the sub17 mission to Congress of the request for funding for the ‘‘Con18 tributions to International Organizations’’ account of the

19 Department of State for the fiscal year 1995.

20 SEC. 163. REFORMS IN THE WORLD HEALTH ORGANIZA21 TION.

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

23 Congress that United States contributions to the World

24 Health Organization (WHO) should be utilized in the most

25 effective and efficient manner possible, particularly for the
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1 reduction of diseases and disabilities in developing coun2 tries. The President shall direct the United States represent3 atives to the World Health Assembly, the Executive Board,

4 and the World Health Organization to monitor the activi5 ties of the World Health Organization to ensure that such

6 organizations achieve—

7 (1) the timely implementation of reforms and

8 management improvements, including those outlined

9 in the resolutions of the 46th World Health Assembly

10 related to the external Auditor (WHA 46.21), the Re11 port of the Executive Board on the WHO Response to

12 Global Change (WHA 46.16) and actions for Budg13 etary Reform (WHA 46.35); and

14 (2) the effective and efficient utilization and

15 monitoring of resources, including—

16 (A) the determination of strategic and fi17 nancial priorities; and

18 (B) the establishment of realistic and meas19 urable targets in accordance with the established

20 health priorities.

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

22 of enactment of this Act, the Secretary of State shall submit

23 to the Chairman of the Foreign Relations Committee of the

24 Senate and the Speaker of the House of Representatives a

25 report assessing the World Health Organization’s progress
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1 in implementing the reforms identified in subsection (a)(1)

2 and (2).

3 SEC. 164. REFORMS IN THE FOOD AND AGRICULTURE ORGA4 NIZATION.

5 In view of the longstanding efforts of the United States

6 and the other major donor nations to reform the Food and

7 Agriculture Organization and in view of the findings of the

8 ongoing investigation of the General Accounting Office, it

9 is the 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 Ag17 riculture 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. 165. REFORM IN BUDGET DECISIONMAKING PROCE14 DURES OF THE UNITED NATIONS AND ITS

15 SPECIALIZED AGENCIES.

16 (a) ASSESSED CONTRIBUTIONS.—For assessed con17 tributions authorized to be appropriated by section 102(a)

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

19 funds appropriated for the United States assessed contribu20 tion to the United Nations or to any of its specialized agen21 cies for any calendar year if the United Nations or any

22 such agency has failed to implement or to continue to im23 plement consensus-based decisionmaking procedures on

24 budgetary matters which assure that sufficient attention is

25 paid to the views of the United States and other member
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1 states that are the major financial contributors to such as2 sessed budgets.

3 (b) NOTICE TO CONGRESS.—The President shall notify

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

5 of the United States assessed contribution to the United Na6 tions or its specialized agencies pursuant to subsection (a)

7 and shall notify the Congress when the decision is made

8 to pay any previously withheld assessed contribution. A no9 tification under this subsection shall include appropriate

10 consultation between the President (or his representative)

11 and the Committee on Foreign Affairs of the House of Rep12 resentatives and the Committee on Foreign Relations of the

13 Senate.

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

15 the availability of appropriations, payment of assessed con16 tributions for prior years may be made to the United Na17 tions or any of its specialized agencies notwithstanding sub18 section (a) of this section, section 162(a) of the Foreign Re19 lations Authorization Act, Fiscal Years 1992 and 1993

20 (Public Law 102–138), section 405 of the Foreign Relations

21 Authorization Act, Fiscal Years 1990 and 1991 (Public

22 Law 101–246) and section 143 of the Foreign Relations Au23 thorization Act, Fiscal Years 1986 and 1987 (Public Law

24 99–93) if such payment would further United States inter25 ests in that organization.
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1 (d) REPORT TO CONGRESS.—Not later than February

2 1 of each year, the President shall submit a report to the

3 Congress concerning the payment of assessed contributions

4 to the United Nations and any of its specialized agencies

5 during the preceding calendar year.

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

7 through (d) of section 162 of the Foreign Relations Author8 ization Act, Fiscal Years 1992 and 1993, are repealed.

9 SEC. 166. UNITED NATIONS BUDGETARY AND MANAGEMENT

10 REFORM.

11 (a) WITHHOLDING OF ASSESSED NONPEACEKEEPING

12 CONTRIBUTIONS TO THE UNITED NATIONS.—(1) In fiscal

13 year 1994, 10 percent of the amount of funds authorized

14 to be appropriated for that fiscal year for United States

15 assessed contributions to the United Nations and its special16 ized agencies shall be withheld from obligation and expendi17 ture until a certification is made under subsection (b).

18 (2) Beginning with fiscal year 1995 and at the begin19 ning of each fiscal year thereafter, 20 percent of the amount

20 of funds authorized to be appropriated for each fiscal year

21 for United States assessed contributions (other than for

22 peacekeeping activities) to the United Nations and its spe23 cialized agencies shall be withheld from obligation and ex24 penditure until a certification is made under subsection (b).
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1 (b) CERTIFICATION.—The certification referred to in

2 subsection (a) is a certification by the President to the Con3 gress that—

4 (1) the United Nations has established an inde5 pendent and objective Office of Inspector General to

6 conduct and supervise audits, inspections, and inves7 tigations relating to the programs and operations of

8 the United Nations and each of the specialized agen9 cies of the United Nations;

10 (2) the Secretary General of the United Nations

11 has appointed an Inspector General, with the consent

12 of the General Assembly, solely on the basis of integ13 rity and demonstrated ability in accounting, audit14 ing, financial analysis, law, management analysis,

15 public administration, or investigations;

16 (3) the United Nations Office of Inspector Gen17 eral is authorized to—

18 (A) make investigations and reports relat19 ing to the administration of the programs and

20 operations of the United Nations and its special21 ized agencies;

22 (B) have access to all records and docu23 ments or other material available which relate to

24 those programs and operations; and
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1 (C) have direct and prompt access to any

2 official of the United Nations or of any of its

3 specialized agencies, including any head of a

4 specialized agency or official of the United Na5 tions Secretariat;

6 (4) the United Nations Office of Inspector Gen7 eral is keeping the head of each specialized agency,

8 the Secretary General, the members of the Security

9 Council, and the members of the General Assembly

10 fully informed about problems, deficiencies, and the

11 necessity for, and progress of, corrective action;

12 (5) the United Nations has established measures

13 to protect the identity of, and to prevent reprisals

14 against, any staff member making a complaint or

15 disclosing information to, or cooperating in any in16 vestigation or inspection by the Office of the Inspector

17 General; and

18 (6) the United Nations has enacted procedures to

19 ensure compliance with the recommendations of the

20 Inspector General.

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

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

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

24 part, by the United Nations or any of its specialized agen25 cies.
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1 SEC. 167. AMERICAN PARTICIPATION IN MANAGEMENT OF

2 UNITED NATIONS.

3 (a) Funds authorized in section 102(a) of this Act for

4 fiscal year 1995 for the assessed contribution of the United

5 States to the United Nations are authorized to be appro6 priated only upon a certification by the Secretary of State

7 to the appropriate committees of the Congress that the posi8 tion of Under Secretary-General of the United Nations for

9 Administration and Management is being held by a citizen

10 of the United States as of October 1, 1994.

11 (b) Subsection (a) may be waived by the Secretary of

12 State only upon a certification to the appropriate commit13 tees of the Congress that—

14 (1) such waiver is in the national interest of the

15 United States, including the reason or reasons it is

16 in our interest; and

17 (2) the Secretary of State has confidence the in18 dividual holding the position of Under Secretary-Gen19 eral of the United Nations for Administration and

20 Management is committed to efficient management

21 practices and restrained budgets for the United Na22 tions.

23 (c) If a waiver and certification is made pursuant to

24 subsection (b), such certification shall include a justifica25 tion why a citizen of the United States does not hold said
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1 position, since the United States is the largest single con2 tributor to the United Nations.

3 (d) It is the sense of the Congress that the position

4 of Under Secretary-General of the United Nations for Ad5 ministration and Management should be held by a citizen

6 of the United States.

7 SEC. 168. POLICY WITH RESPECT TO THE ESTABLISHMENT

8 OF AN INTERNATIONAL CRIMINAL COURT.

9 (a) CONGRESSIONAL FINDINGS.—Congress finds

10 that—

11 (1) the freedom and security of the international

12 community rests on the sanctity of the rule of law;

13 (2) the international community is increasingly

14 threatened by unlawful acts such as war crimes, geno15 cide, aggression, crimes against humanity, terrorism,

16 drug trafficking, money laundering, and other crimes

17 of an international character;

18 (3) the prosecution of individuals suspected of

19 carrying out such acts is often impeded by political

20 and legal obstacles such as amnesties, disputes over

21 extradition, differences in the structure and capabili22 ties of national courts, and the lack of uniform guide23 lines under which to try such individuals;

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

25 of World War II at Nuremberg, Germany, and Tokyo,
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1 Japan, demonstrated that fair and effective prosecu2 tion of war criminals could be carried out in an

3 international forum;

4 (5) since its inception in 1945 the United Na5 tions has sought to build on the precedent established

6 at the Nuremberg and Tokyo trials by establishing a

7 permanent international criminal court with juris8 diction over crimes of an international character;

9 (6) United Nations General Assembly Resolution

10 44/39, adopted on December 4, 1989, called on the

11 International Law Commission to study the feasibil12 ity of an international criminal court;

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

14 the International Law Commission has taken a num15 ber of steps to advance the debate over such a court,

16 including—

17 (A) the provisional adoption of a draft Code

18 of Crimes Against the Peace and Security of

19 Mankind;

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

21 International Criminal Jurisdiction and the for22 mulation by that Working Group of several con23 crete proposals for the establishment and oper24 ation of an international criminal court; and
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1 (C) the determination that an international

2 criminal court along the lines of that suggested

3 by the Working Group is feasible and that the

4 logical next step would be to proceed with the

5 formal drafting of a statute for such a court;

6 (8) United Nations General Assembly Resolution

7 47/33, adopted on November 25, 1992, called on the

8 International Law Commission to begin the process of

9 drafting a statute for an international criminal court

10 at its next session; and

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

12 time is propitious for the United States to lend its

13 support to this effort.

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

15 Congress that—

16 (1) the establishment of an international crimi17 nal court with jurisdiction over crimes of an inter18 national character would greatly strengthen the inter19 national rule of law;

20 (2) such a court would thereby serve the interests

21 of the United States and the world community; and

22 (3) the United States delegation should make

23 every effort to advance this proposal at the United

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

2 1994, the President shall submit to Congress a detailed re3 port on developments relating to, and United States efforts

4 in support of, the establishment of an international crimi5 nal court with jurisdiction over crimes of an international

6 character.

7 SEC. 169. INTERNATIONAL CRIMINAL COURT PARTICIPA8 TION.

9 The United States Senate will not consent to the ratifi10 cation of a treaty providing for United States participation

11 in an international criminal court with jurisdiction over

12 crimes of an international nature which permits represent13 atives of any terrorist organization, including but not lim14 ited to the Palestine Liberation Organization, or citizens,

15 nationals or residents of any country listed by the Secretary

16 of State under section 6(j) of the Export Administration

17 Act of 1979 as having repeatedly provided support for acts

18 of international terrorism, to sit in judgement on American

19 citizens.

20 SEC. 170. PROTECTION OF FIRST AND FOURTH AMEND21 MENT RIGHTS.

22 The United States Senate will not consent to the ratifi23 cation of any Treaty providing for United States participa24 tion in an international criminal court with jurisdiction

25 over crimes of an international character unless American
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1 citizens are guaranteed, in the terms establishing such a

2 court, and in the court’s operation, that the court will take

3 no action infringing upon or diminishing their rights

4 under the First and Fourth Amendments of the Constitu5 tion of the United States, as interpreted by the United

6 States.

7 SEC. 170A. JAPAN AND GERMANY BECOMING PERMANENT

8 MEMBERS OF THE UNITED NATIONS SECU9 RITY COUNCIL.

10 (a) The Senate finds that—

11 (1) in the post-Cold War period, the inter12 national community expects the United Nations to

13 play a larger role, particularly in peacekeeping oper14 ations that may, on occasion, require the use of force

15 against determined aggressors;

16 (2) in the past five years the United Nations has

17 engaged in more peacekeeping operations than in the

18 preceding forty;

19 (3) the Security Council is the United Nations

20 body chiefly responsible for matters of peace and secu21 rity;

22 (4) the United Nations structure and the Secu23 rity Council’s roster of permanent members have re24 mained largely unchanged since the United Nations

25 was founded almost half a century ago;
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1 (5) Japan and Germany, as the world’s second

2 and third largest economies, respectively, have at3 tained levels of global reach and influence equal to or

4 surpassing current permanent members of the Secu5 rity Council;

6 (6) both Japan and Germany have announced

7 their desire to gain permanent membership in the Se8 curity Council;

9 (7) any country accorded permanent membership

10 must be capable of fulfilling the responsibilities of

11 such status, including participation in any United

12 Nations military operations;

13 (8) according permanent membership to nations

14 not capable of carrying out these responsibilities will

15 allow those countries to play a central role in shaping

16 United Nations peacekeeping operations which could

17 endanger the lives of American and other troops, but

18 in which their own forces could play no part;

19 (9) currently, in both Japan and Germany the

20 prevailing view is that each country is prohibited

21 from carrying out all the responsibilities that perma22 nent membership entails and appears reluctant to

23 make the changes necessary to gain those capabilities;
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1 (10) in Japan’s case, further reconciliation with

2 its Asian neighbors who suffered during the World

3 War II period is recommended, therefore

4 (b) It is the sense of the Senate that—

5 (1) in principle, the United States should sup6 port both Japan and Germany in their wish to gain

7 permanent membership in the United Nations Secu8 rity Council; but

9 (2) neither Japan nor Germany should be ad10 mitted as permanent members until they are capable

11 of discharging the full range of responsibilities accept12 ed by all current permanent members of the Security

13 Council.

14 SEC. 170B. TRANSMITTALS OF UNITED NATIONS DOCU15 MENTS.

16 (a) TRANSMITTAL TO CONGRESS OF UNITED NATIONS

17 RESOLUTIONS AND REPORTS.—Section 4 of the United Na18 tions Participation Act of 1945 (22 U.S.C. 287b), as

19 amended by subsection (a), is further amended by adding

20 at the end the following:

21 ‘‘(c)(1) Not later than 72 hours after adoption by the

22 Security Council of a resolution authorizing United Na23 tions peacekeeping activities or any other action under the

24 Charter of the United Nations (including any extension,

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

2 action) which would involve the use of United States Armed

3 Forces or the expenditure of United States funds, the Per4 manent Representative shall transmit the text of such reso5 lution and any supporting documentation to the appro6 priate congressional committees.

7 ‘‘(2) The Permanent Representative shall promptly

8 transmit to the appropriate congressional committees any

9 report prepared by the United Nations distributed to the

10 members of Security Council assessments of any proposed,

11 ongoing, or concluded United Nations peacekeeping activ12 ity.’’.

13 (b) DEFINITIONS.—The United Nations Participation

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

15 at the end the following new section:

16 ‘‘SEC. 10. For purposes of this Act—

17 ‘‘(1) the term ‘appropriate congressional commit18 tees’ means the Committee on Appropriations, the

19 Committee on Armed Services, and the Committee on

20 Foreign Relations of the Senate and the Committee on

21 Appropriations, the Committee on Armed Services,

22 and the Committee on Foreign Affairs of the House

23 of Representatives;

24 ‘‘(2) the term ‘Permanent Representative’ means

25 the Permanent Representative of the United States to
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1 the United Nations appointed by the President pursu2 ant to section 2 of this Act; and

3 ‘‘(3) the term ‘United Nations peacekeeping ac4 tivities’ means any international peacekeeping, peace5 making, peace-enforcing, or similar activity involving

6 the use of nationals of member countries of the United

7 Nations that is authorized by the Security Council

8 under chapter VI or VII of the United Nations Char9 ter.’’.

10 SEC. 170C. LIMITATIONS ON UNITED STATES FUNDING OF

11 UNITED NATIONS PEACEKEEPING ACTIVI12 TIES.

13 (a) It is the sense of the Senate that beginning October

14 1, 1995, funds made available to the Department of Defense

15 (including funds for ‘‘Operation and Maintenance’’) shall

16 be available for—

17 (1) United States assessed or voluntary contribu18 tions for United Nations peacekeeping activities, or

19 (2) the unreimbursable incremental costs associ20 ated with the participation of United States Armed

21 Forces in United Nations peacekeeping activities un22 less such activities are necessary to protect American

23 lives or United States national interests,

24 only to the extent that the Congress has authorized, appro25 priated or otherwise approved funds for such purposes.
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1 (b) ASSESSED CONTRIBUTIONS FOR UNITED NATIONS

2 PEACEKEEPING ACTIVITIES.—

3 (1) REASSESSMENT OF CONTRIBUTION PERCENT4 AGES.—The Permanent Representative should make

5 every effort to ensure that the United Nations com6 pletes an overall review and reassessment of each na7 tion’s assessed contributions for United Nations

8 peacekeeping activities. As part of the overall review

9 and assessment, the Permanent Representative should

10 make every effort to advance the concept that host

11 governments and other governments in the region

12 where a United Nations peacekeeping activity is car13 ried out should bear a greater burden of its financial

14 cost.

15 (2) UNITED STATES CONTRIBUTIONS.—(A) The

16 Permanent Representative should make every effort to

17 obtain agreement by the United Nations to a United

18 States assessed contribution for United Nations peace19 keeping activities that is no greater a percentage of

20 such contributions by all countries than the United

21 States percentage share of assessed contributions for

22 other United Nations activities.

23 (B) The Congress declares that, effective for fiscal

24 year 1996, it does not intend to make available funds

25 for payment of United States assessed or voluntary
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1 contributions for United Nations peacekeeping activi2 ties that exceed 25 percent of the total amount of the

3 assessed and voluntary contributions of all countries

4 for such activities unless, after the date of enactment

5 of this Act, the Congress enacts a statute specifically

6 authorizing a greater percentage contribution.

7 (C) The Permanent Representative shall inform

8 the Secretary General of the congressional intent ex9 pressed in paragraph (2).

10 (c) UNITED STATES CONTRIBUTIONS TO UNITED NA11 TIONS PEACEKEEPING ACTIVITIES.—Section 4 of the Unit12 ed Nations Participation Act of 1945 (22 U.S.C. 287b) is

13 amended—

14 (1) by inserting ‘‘(a)’’ before ‘‘The President’’;

15 and

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

17 ‘‘(b)(1) The President shall, at the time of submission

18 of his annual budget request to the Congress, submit a re19 port to the Congress on the anticipated budget for the fiscal

20 year for United States participation in United Nations

21 peacekeeping activities.

22 ‘‘(2) The report required by paragraph (1) shall

23 state—

24 ‘‘(A) the aggregate amount of funds available to

25 the United Nations for that fiscal year, including as-
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1 sessed and voluntary contributions, which may be

2 made available for United Nations peacekeeping ac3 tivities; and

4 ‘‘(B) the aggregate amount of funds (from all ac5 counts) and the aggregate costs of in-kind contribu6 tions that the United States proposes to make avail7 able to the United Nations for that fiscal year for

8 United Nations peacekeeping activities.

9 ‘‘(3) The President shall include in his budget submis10 sion for fiscal year 1996 a projection of all United States

11 costs for United Nations peacekeeping activities during each

12 of fiscal years 1996, 1997, and 1998, including costs of in13 kind contributions and assessed and voluntary contribu14 tions.’’.

15 (d) DEFINITIONS.—

16 (1) AMENDMENT.—The United Nations Partici17 pation Act of 1945 (22 U.S.C. 287 et seq.) is amended

18 by adding at the end the following new section:

19 ‘‘SEC. 10. For purposes of this Act—

20 ‘‘(1) the term ‘appropriate congressional commit21 tees’ means the Committee on Appropriations, the

22 Committee on Armed Services, and the Committee on

23 Foreign Relations of the Senate and the Committee on

24 Appropriations, the Committee on Armed Services,
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1 and the Committee on Foreign Affairs of the House

2 of Representatives; and

3 ‘‘(2) the term ‘Permanent Representative’ means

4 the Permanent Representative of the United States to

5 the United Nations appointed by the President pursu6 ant to section 2 of this Act.

7 SEC. 170D. UNITED NATIONS PEACEKEEPING BUDGETARY

8 AND MANAGEMENT REFORM.

9 (a) WITHHOLDING OF CONTRIBUTIONS FOR UNITED

10 NATIONS PEACEKEEPING.—(1) At the beginning of each fis11 cal year (beginning with fiscal year 1995), 20 percent of

12 the amounts of funds made available for United States as13 sessed contributions for United Nations peacekeeping activi14 ties shall be withheld from obligation and expenditure un15 less a certification has been made under subsection (b).

16 (2) For each fiscal year (beginning with fiscal year

17 1995), the United States may not pay any voluntary con18 tribution for international peacekeeping activities unless a

19 certification has been made under subsection (b).

20 (b) CERTIFICATION.—The certification referred to in

21 subsection (a) is a certification by the President to the Con22 gress that—

23 (1) the United Nations has established an inde24 pendent and objective Office of Inspector General to

25 conduct and supervise audits, inspections, and inves-
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1 tigations relating to the United Nations peacekeeping

2 activities carried out by the United Nations;

3 (2) the Secretary General of the United Nations

4 has appointed an Inspector General, with the consent

5 of the General Assembly, solely the basis of integrity

6 and demonstrated ability in accounting, auditing, fi7 nancial analysis, law, management analysis, public

8 administration, or investigations;

9 (3) the United Nations Office of Inspector Gen10 eral is authorized to—

11 (A) make investigations and reports relat12 ing to the administration of the United Nations

13 peacekeeping activities carried out by the United

14 Nations;

15 (B) have access to all records and docu16 ments or other material available which relate to

17 those activities; and

18 (C) have direct and prompt access to rel19 evant officials of the United Nations, including

20 any official of the United Nations Secretariat;

21 (4) the United Nations Office of Inspector Gen22 eral is keeping the Secretary General and the mem23 bers of the Security Council fully informed about

24 problems, deficiencies, and the necessity for, and

25 progress of, corrective action;
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1 (5) the United Nations has established measures

2 to protect the identity of, and to prevent reprisals

3 against, any staff member making a complaint or

4 disclosing information to, or cooperating in any in5 vestigation or inspection by the Office of the Inspector

6 General; and

7 (6) the United Nations has enacted procedures to

8 ensure compliance with Inspector General rec9 ommendations.

10 (c) DEFINITIONS.—For purposes of this section—

11 (1) the term ‘‘appropriate congressional commit12 tees’’ means the Committee on Appropriations, the

13 Committee on Armed Services, and the Committee on

14 Foreign Relations of the Senate and the Committee on

15 Appropriations, the Committee on Armed Services,

16 and the Committee on Foreign Affairs of the House

17 of Representatives; and

18 (2) the term ‘‘Permanent Representative’’ means

19 the Permanent Representative of the United States to

20 the United Nations appointed by the President pursu21 ant to section 2 of this Act.
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1 SEC. 170E. REPORTING REQUIREMENTS INVOLVING MULTI2 LATERAL PEACEKEEPING ACTIVITIES.

3 (a) UNITED STATES PERSONNEL TAKEN PRISONER

4 WHILE SERVING IN MULTILATERAL PEACEKEEPING

5 FORCES.—

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

7 (A) until recent years United States mili8 tary personnel rarely served as part of multilat9 eral forces under the United Nations or regional

10 international organizations;

11 (B) despite infrequent service as part of

12 multilateral forces, United States personnel, such

13 as Colonel William Higgins in Lebanon, have

14 been captured, tortured, and murdered;

15 (C) in recent years, United States military

16 personnel have served much more frequently as

17 part of multilateral forces;

18 (D) the capture and torture of Chief War19 rant Officer Michael Durant in Somalia in Oc20 tober 1993 was a horrendous and recent example

21 of the risk to United States personnel in multi22 lateral forces;

23 (E) continued multilateral service increases

24 the probability that United States military per25 sonnel will be captured, and subject to mistreat26 ment;
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1 (F) United States military personnel cap2 tured while serving as part of multilateral forces

3 have not been treated as prisoners of war under

4 the 1949 Geneva Conventions and other inter5 national agreements intended to protect pris6 oners of war; and

7 (G) failure of United States military per8 sonnel serving as part of a multilateral force to

9 receive protection under international law in10 creases the risk to personnel while serving in

11 multinational forces.

12 (2) POLICY.—It is the sense of the Congress

13 that—

14 (A) the President should take immediate

15 steps, unilaterally and in appropriate inter16 national bodies, to assure that any United States

17 military personnel serving as part of a multilat18 eral force who are captured are accorded the pro19 tection accorded to prisoners of war; and

20 (B) the President should also take all nec21 essary steps to bring to justice all individuals re22 sponsible for any mistreatment, torture, or death

23 of United States military personnel who are cap24 tured while serving in a multilateral force.
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1 (3) REPORT.—Each report submitted pursuant

2 to section 169 of this Act shall include a separate sec3 tion setting forth—

4 (A) the status under international law of

5 members of multilateral peacekeeping forces, in6 cluding the legal status of such personnel if cap7 tured, missing, or detained,

8 (B) the extent of the risk for United States

9 military personnel who are captured while par10 ticipating in multinational peacekeeping forces

11 in cases where their captors fail to respect the

12 1949 Geneva Conventions and other inter13 national agreements intended to protect pris14 oners of war, and

15 (C) the specific steps that have been taken

16 to protect United States military personnel par17 ticipating in multinational peacekeeping forces,

18 together (if necessary) with any recommenda19 tions for the enactment of legislation to achieve

20 that objective.

21 (b) HUMAN RIGHTS OBSERVANCE IN UNITED NATIONS

22 PEACEKEEPING ACTIVITIES.—Section 169 of this Act is

23 amended to include the following at the end:

24 ‘‘(5) a description of respect for internationally

25 recognized human rights in countries or territories
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1 where a United Nations peacekeeping activity has

2 taken place during the preceding year by United Na3 tions forces including a description of United Na4 tions’ efforts to investigate and take appropriate ac5 tion in cases of alleged human rights violations.’’.

6 Subpart B—Other International Organizations

7 SEC. 171. INTERNATIONAL BOUNDARY AND WATER COMMIS8 SION.

9 (a) AUTHORIZATION TO RECEIVE PAYMENTS.—Sec10 tion 2 of the American-Mexican Chamizal Convention Act

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

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

13 (2) by adding at the end the following new sub14 sections:

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

16 receive funds from public or private sources in the United

17 States or Mexico for the purpose of sharing in the cost of

18 replacement of the Bridge of the Americas, which crosses

19 the Rio Grande between El Paso, Texas, and Ciudad

20 Juarez, Chihuahua. Notwithstanding any other provision

21 of law, such payments of money shall be credited to any

22 appropriation to the Commission which is currently avail23 able. Funds received under this subsection shall be available

24 only for the replacement of such bridge.
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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 (b) EXPENDITURES FOR WATER POLLUTION PROB5 LEMS.—Title I of the Act of June 20, 1956 (70 Stat. 302;

6 22 U.S.C. 277d–12), is amended in the fourth undesignated

7 paragraph under the heading ‘‘INTERNATIONAL BOUNDARY

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

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

10 period and inserting ‘‘Tijuana Rivers, or other streams

11 running across or near the boundary, and for taking emer12 gency actions to protect against health-threatening surface

13 and ground water pollution problems along the United

14 States-Mexico boundary’’.

15 (c) FALCON AND AMISTAD DAMS MAINTENANCE

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

17 255), as amended by the Act of December 23, 1963 (77 Stat.

18 475), is further amended to read as follows:

19 ‘‘SEC. 2. (a) There is created within the Treasury of

20 the United States a separate fund, which shall be known

21 as the ‘Falcon and Amistad Operating and Maintenance

22 Fund’ (in this section referred to as the ‘Maintenance

23 Fund’). The Maintenance Fund shall be administered by

24 the Administrator of the Western Area Power Administra25 tion for use by the Commissioner of the United States Sec-
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1 tion of the International Boundary and Water Commission

2 to defray the operation, maintenance, and emergency costs

3 of the hydroelectric facilities at the Falcon and Amistad

4 dams.

5 ‘‘(b) All revenues collected in connection with the dis6 position of electric power generated at the Falcon and

7 Amistad dams, except those revenues paid pursuant to sub8 section (d) to the general fund of the Treasury of the United

9 States, shall be credited to the Maintenance Fund and shall

10 remain available until expended for defraying the oper11 ation, maintenance, and emergency costs of the hydro12 electric facilities at the dams.

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

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

15 advance in appropriation Acts.

16 ‘‘(d) Revenues in the Maintenance Fund in excess of

17 the operation, maintenance, and emergency needs shall be

18 paid annually to the general fund of the Treasury of the

19 United States to return the costs of replacements and the

20 original investments, with interest.

21 ‘‘(e) All funds received from the Government of Mexico

22 for any energy which might be delivered to that Government

23 by the United States Section of the International Boundary

24 and Water Commission pursuant to any special agreement

25 concluded in accordance with Article 19 of the treaty of Feb-
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1 ruary 3, 1944, between the United States and Mexico (Trea2 ty Series 994) shall be credited to the General Fund of the

3 Treasury of the United States.’’.

4 SEC. 172. UNITED STATES MEMBERSHIP IN THE ASIAN-PA5 CIFIC ECONOMIC COOPERATION ORGANIZA6 TION.

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

8 authorized to maintain membership of the United States

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

10 (b) PAYMENT OF ASSESSED CONTRIBUTIONS.—For fis11 cal year 1994 and for each fiscal year thereafter, the United

12 States assessed contributions to APEC may be paid from

13 funds appropriated for ‘‘Contributions to International Or14 ganizations’’.

15 SEC. 173. EXTENSION OF THE INTERNATIONAL ORGANIZA16 TIONS IMMUNITIES ACT TO THE INTER17 NATIONAL UNION FOR CONSERVATION OF

18 NATURE AND NATURAL RESOURCES.

19 The International Organizations Immunities Act (22

20 U.S.C. 288 et seq.) is amended by adding at the end the

21 following new section:

22 ‘‘SEC. 14. The International Union for Conservation

23 of Nature and Natural Resources shall be considered to be

24 an international organization for the purposes of this title

25 and may be extended the provisions of this title in the same
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1 manner, to the same extent, and subject to the same condi2 tions, as such provisions may be extended to a public inter3 national organization in which the United States partici4 pates pursuant to any treaty or under the authority of any

5 Act of Congress authorizing such participation or making

6 an appropriation for such participation.’’.

7 SEC. 174. INTER-AMERICAN ORGANIZATIONS.

8 (a) FINDING.—The Congress finds that the work done

9 by the Inter-American organizations has been of great bene10 fit to the Hemisphere, and the United States itself has expe11 rienced a positive return from their efforts.

12 (b) POLICY.—Taking into consideration the long-term

13 commitment by the United States to the affairs of this

14 Hemisphere and the need to build further upon the linkages

15 between the United States and its neighbors, it is the sense

16 of the Congress that the Secretary of State, in allocating

17 the level of resources for international organizations, should

18 pay particular attention to funding levels of the Inter19 American organizations.

20 SEC. 175. PROHIBITION ON CONTRIBUTIONS TO THE INTER21 NATIONAL COFFEE ORGANIZATION.

22 None of the funds authorized to be appropriated by this

23 Act or any other Act may be used to fund any United States

24 contribution to the International Coffee Organization.
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1 SEC. 176. PROHIBITION ON CONTRIBUTIONS TO THE INTER2 NATIONAL JUTE ORGANIZATION.

3 None of the funds authorized to be appropriated by this

4 Act or any other Act may be used to fund any United States

5 contribution to the International Jute Organization.

6 PART F—OTHER STATE DEPARTMENT-RELATED

7 PROVISIONS

8 SEC. 181. MIGRATION AND REFUGEE AMENDMENTS.

9 (a) MIGRATION AND REFUGEE ASSISTANCE ACT

10 AMENDMENTS.—Section 2 of the Migration and Refugee As11 sistance Act of 1962 (22 U.S.C. 2601) is amended—

12 (1) by striking ‘‘the Intergovernmental Commit13 tee for European Migration’’ each place it appears

14 and inserting ‘‘the International Organization for

15 Migration’’;

16 (2) in subsection (a)—

17 (A) by striking ‘‘the Committee’’ and insert18 ing ‘‘the Organization’’ each place it appears;

19 and

20 (B) in the first sentence, by inserting before

21 the period ‘‘, as amended in Geneva, Switzer22 land, on May 20, 1987’’; and

23 (3) in subsection (c)(2), by striking

24 ‘‘$50,000,000’’ and inserting ‘‘$100,000,000’’.

25 (b) REPEAL.—Section 745 of Public Law 100–204 (22

26 U.S.C. 2601 note) is repealed.
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1 SEC. 182. UNITED STATES POLICY CONCERNING OVERSEAS

2 ASSISTANCE TO REFUGEES AND DISPLACED

3 PERSONS.

4 (a) STANDARDS FOR REFUGEE WOMEN AND CHIL5 DREN.—The United States Government, in providing for

6 overseas assistance and protection of refugees and displaced

7 persons, should seek to address the protection and provision

8 of basic needs of refugee women and children who represent

9 80 percent of the world’s refugee population. As called for

10 in the 1991 United Nations High Commissioner for Refu11 gees (UNHCR) ‘‘Guidelines on the Protection of Refugee

12 Women,’’ whether directly, or through international organi13 zations, the Secretary of State should seek to ensure—

14 (1) specific attention on the part of the United

15 Nations and relief organizations to recruit and em16 ploy female protection officers;

17 (2) implementation of gender awareness training

18 and field staffing including, but not limited to, secu19 rity personnel;

20 (3) the protection of refugee women and children

21 from violence and other abuses on the part of govern22 ments or insurgent groups;

23 (4) full involvement of women refugees in the

24 planning and implementation of—

25 (A) the delivery of services and assistance;

26 and
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1 (B) the repatriation process;

2 (5) incorporation of maternal and child health

3 needs into refugee health services and education, spe4 cifically to include education on and access to services

5 in reproductive health and birth spacing;

6 (6) the availability of counseling and other serv7 ices, grievance processes, and protective services to

8 victims of violence and abuse, including but not lim9 ited to rape and domestic violence;

10 (7) the provision of educational programs, par11 ticularly literacy and numeracy, vocational and in12 come generation skills training, and other training ef13 forts promoting self sufficiency for refugee women,

14 with special emphasis on women heads of household;

15 (8) education for all refugee children, ensuring

16 equal access for girls, and special services and family

17 tracing for unaccompanied refugee minors;

18 (9) the collection of data that clearly enumerate

19 age and gender so that appropriate health, education,

20 and assistance programs can be planned;

21 (10) the recruitment, hiring, and training of

22 more women program professionals in the inter23 national humanitarian field; and

24 (11) gender awareness training for program staff

25 of the United Nations High Commissioner for Refu-
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1 gees (UNHCR) and nongovernmental voluntary orga2 nizations on implementation of the 1991 UNHCR

3 ‘‘Guidelines on the Protection of Refugee Women’’.

4 (b) PROCEDURES.—The Secretary of State should

5 adopt specific procedures to ensure that all recipients of

6 United States Government refugee and migration assistance

7 funds implement the standards outlined in subsection (a).

8 (c) REQUIREMENTS FOR REFUGEE AND MIGRATION

9 ASSISTANCE.—The Secretary of State, in providing migra10 tion and refugee assistance, should support the protection

11 efforts set forth under this section by raising at the highest

12 levels of Government the issue of abuses against refugee

13 women and children by governments and insurgent groups

14 that engage in, permit, or condone—

15 (1) a pattern of gross violations of internation16 ally recognized human rights, such as torture or cruel,

17 inhumane, or degrading treatment or punishment,

18 prolonged detention without charges, or other flagrant

19 denial to life, liberty, and the security of persons;

20 (2) the blockage of humanitarian relief assist21 ance;

22 (3) gender-specific persecution such as systematic

23 individual or mass rape, forced pregnancy, forced

24 abortion, enforced prostitution, any form of indecent
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1 assault or act of violence against refugee women,

2 girls, and children; or

3 (4) continuing violations of the integrity of the

4 person against refugee women and children on the

5 part of armed insurgents, local security forces, or

6 camp guards.

7 (d) INVESTIGATION OF REPORTS.—Upon receipt of

8 credible reports of abuses under subsection (c), the Secretary

9 of State should immediately investigate such reports

10 through emergency factfinding missions or other means of

11 investigating such reports and help identify appropriate re12 medial measures.

13 (e) MULTILATERAL IMPLEMENTATION OF THE 1991

14 UNHCR ‘‘GUIDELINES ON THE PROTECTION OF REFUGEE

15 WOMEN’’.—The Secretary of State should work to ensure

16 that multilateral organizations fully incorporate the needs

17 of refugee women and children into all elements of refugee

18 assistance programs and work to encourage other govern19 ments that provide refugee assistance to adopt refugee as20 sistance policies designed to encourage full implementation

21 of the UNHCR’s ‘‘Guidelines on the Protection of Refugee

22 Women’’.
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1 SEC. 183. INTERPARLIAMENTARY EXCHANGES.

2 (a) MEXICO-UNITED STATES INTERPARLIAMENTARY

3 GROUP.—Section 2 of the Act of April 9, 1960 (22 U.S.C.

4 276i) is amended—

5 (1) by striking ‘‘$100,000’’ and inserting

6 ‘‘$80,000’’; and

7 (2) by striking ‘‘$50,000’’ both places it appears

8 and inserting ‘‘$40,000’’.

9 (b) CANADA-UNITED STATES INTERPARLIAMENTARY

10 GROUP.—Section 2 of the Act of June 11, 1959 (22 U.S.C.

11 276e) is amended—

12 (1) by striking ‘‘$50,000’’ and inserting

13 ‘‘$70,000’’; and

14 (2) by striking ‘‘$25,000’’ both places it appears

15 and inserting ‘‘$35,000’’.

16 (c) DEPOSIT OF FUNDS IN INTEREST-BEARING AC17 COUNTS.—Funds appropriated and disbursed pursuant to

18 section 303 of the Departments of Commerce, Justice, and

19 State, the Judiciary, and Related Agencies Appropriation

20 Act, 1988 (as added by section 101(a) of Public Law 100–

21 202) (101 Stat. 1329–23; 22 U.S.C. 276 note) are author22 ized to be deposited in interest-bearing accounts and any

23 interest which accrues shall be deposited, periodically, in

24 the miscellaneous receipts account of the Treasury.
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1 SEC. 184. REPORT ON TERRORIST ASSETS IN THE UNITED

2 STATES.

3 (a) IN GENERAL.—Section 140(a) of the Foreign Rela4 tions Authorization Act, Fiscal Years 1988 and 1989 (22

5 U.S.C. 2656f(a)) is amended—

6 (1) in paragraph (1), by redesignating subpara7 graphs (A) and (B) as clauses (i) and (ii), respec8 tively;

9 (2) by redesignating paragraphs (1) and (2) as

10 subparagraphs (A) and (B), respectively;

11 (3) by inserting ‘‘(1)’’ immediately after ‘‘TER12 RORISM.—’’;

13 (4) by striking ‘‘and’’ at the end of subpara14 graph (A);

15 (5) by striking the period at the end of subpara16 graph (B) and inserting ‘‘; and’’; and

17 (6) by adding at the end the following:

18 ‘‘(C) the nature and extent of assets held in

19 the United States on behalf of foreign countries

20 and groups responsible for the acts described in

21 subparagraphs (A) and (B).

22 ‘‘(2) In reporting on the information required by

23 paragraph (1)(C), the Secretary of State shall consult

24 with the Secretary of the Treasury, the Attorney Gen25 eral, and such other heads of relevant departments
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1 and agencies of the United States as may be nec2 essary.’’.

3 (b) CONFORMING AMENDMENTS.—Section 140(b) of

4 such Act is amended—

5 (1) in paragraph (1), by striking ‘‘subsection

6 (a)(1)’’ and inserting ‘‘subsection (a)(1)(A)’’; and

7 (2) in paragraph (2), by striking ‘‘subsection

8 (a)(1)’’ and inserting ‘‘subsection (a)(1)(B)’’.

9 SEC. 185. COORDINATION OF COUNTERTERRORISM ACTIVI10 TIES.

11 (a) FINDINGS.—It is the sense of the Congress that—

12 (1) international terrorism continues to be a se13 rious threat to the peace and security of democratic

14 nations, the United States included;

15 (2) international terrorist acts against the Unit16 ed States or its people can only be combatted through

17 a vigorous coordination of efforts on the part of re18 sponsible United States Federal agencies; and

19 (3) United States citizens have continued to be

20 targets of terrorism both at home and abroad.

21 (b) COORDINATION.—The Congress strongly urges the

22 Secretary of State to take steps to ensure that coordination

23 of counterterrorism activities occupies a high priority with24 in the Department of State by a demonstrated dedication
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1 to the assignment of both personnel and resources to the

2 issue of counterterrorism.

3 SEC. 186. FACILITATING ACCESS TO THE DEPARTMENT OF

4 STATE BUILDING.

5 (a) PROCEDURES TO FACILITATE ACCESS.—The Of6 fice of Diplomatic Security shall establish procedures to en7 sure that the members and staff of the congressional com8 mittees of jurisdiction are granted easy access to the De9 partment of State in the conduct of their duties. Such proce10 dures shall enable an individual employed by any such

11 committee to be granted immediate access to the Depart12 ment of State building upon the presentation of a valid

13 United States Senate or House of Representatives identi14 fication card, if such individual’s name appears on a list

15 of staff members provided in advance in writing to the Of16 fice of Diplomatic Security by the chairman and ranking

17 member of the committee employing such staff. A copy of

18 such list shall be made available to the reception desk at

19 the Department of State.

20 (b) PARKING PERMITS.—The Office of Diplomatic Se21 curity shall also make available a reasonable number of

22 parking permits to each committee in order to facilitate at23 tendance of meetings at the Department of State.

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

25 term ‘‘congressional committees of jurisdiction’’ means the
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1 Committee on Foreign Relations and the Committee on Ap2 propriations of the Senate and the Committee on Foreign

3 Affairs and the Committee on Appropriations of the House

4 of Representatives.

5 SEC. 187. RECORD OF PLACE OF BIRTH FOR TAIWANESE6 AMERICANS.

7 For purposes of the registration of birth or certifi8 cation of nationality of a United States citizen born in Tai9 wan, the Secretary of State shall permit the place of birth

10 to be recorded as Taiwan.

11 SEC. 188. REPEAL OF REPORTING REQUIREMENTS.

12 The following provisions of law are hereby repealed:

13 (1) Section 37(d) of the State Department Basic

14 Authorities Act of 1956 (22 U.S.C. 2709), relating to

15 firearms regulations for special agents.

16 (2) Section 214(c) of the State Department Basic

17 Authorities Act of 1956 (22 U.S.C. 4314), relating to

18 extraordinary protective services to foreign missions.

19 (3) Section 216(d) of the State Department

20 Basic Authorities Act of 1956 (22 U.S.C. 4316(d)), re21 lating to application of travel restrictions to person22 nel of certain countries and organizations.

23 (4) Section 108 of the Foreign Relations Author24 ization Act, Fiscal Year 1978 (22 U.S.C. 2151n–1),

25 relating to Americans incarcerated abroad.
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1 (5) Section 512(b)(2) of the Foreign Relations

2 Authorization Act, Fiscal Year 1978 (22 U.S.C.

3 2428a(b)), relating to withdrawal of United States

4 troops from Korea.

5 (6) Section 412(b) of the Foreign Service Act of

6 1980 (22 U.S.C. 3972(b)), relating to special differen7 tials for Foreign Service officers.

8 (7) The second sentence of section 2207(c) of the

9 Foreign Service Act of 1980 (22 U.S.C. 4171(c)), re10 lating to foreign language competence requirements:

11 exceptions.

12 (8) The second sentence of section 103(b) of the

13 Department of State Authorization Act, Fiscal Years

14 1982 and 1983 (22 U.S.C. 2656 note), relating to sta15 tus of certain consulates to be reopened.

16 (9) Section 9 of the Radio Broadcasting to Cuba

17 Act (22 U.S.C. 1465g), relating to evaluation of Cuba

18 service programming.

19 (10) Section 130(c) of the Department of State

20 Authorization Act, Fiscal Years 1984 and 1985 (22

21 U.S.C. 3982 note), relating to merger of Foreign Serv22 ice Information Corps into the Foreign Service Corps.

23 (11) Section 207(b) of the Department of State

24 Authorization Act, Fiscal Years 1984 and 1985 (22

25 U.S.C. 2460 note), relating to foreign travel financed
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1 from the United States Information Agency’s private

2 sector program.

3 (12) Section 120(d) of the Foreign Relations Au4 thorization Act, Fiscal Years 1986 and 1987 (Public

5 Law 99–93), relating to Foreign Service associates

6 pilot project.

7 (13) Section 611 of the Foreign Relations Au8 thorization Act, Fiscal Years 1986 and 1987 (22

9 U.S.C. 4711), relating to United States scholarship

10 program for developing countries.

11 (14) Section 812(c) of the Foreign Relations Au12 thorization Act, Fiscal Years 1986 and 1987 (Public

13 Law 99–93), relating to Japan’s fulfillment of its

14 common defense commitments.

15 (15) Section 153(d) of the Foreign Relations Au16 thorization Act, Fiscal Years 1988 and 1989 (22

17 U.S.C. 4301 note; Public Law 100–204), relating to

18 United States-Soviet reciprocity in matters relating

19 to embassies.

20 (16) Section 701(b) of the Foreign Relations Au21 thorization Act, Fiscal Years 1988 and 1989 (22

22 U.S.C. 287e note; Public Law 100–204), relating to

23 status of secondment within the United Nations.

24 (17) Section 804(b) of the Foreign Relations Au25 thorization Act, Fiscal Years 1990 and 1991 (Public
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1 Law 101–246), relating to compliance with commit2 ments by the Palestine Liberation Organization.

3 (18) Section 1(5) of the joint resolution entitled

4 ‘‘Joint resolution relating to NASA and the Inter5 national Space Year’’, approved July 31, 1990 (Pub6 lic Law 101–339), relating to the international space

7 year—1992.

8 (19) Section 232 of the Conventional Forces in

9 Europe Treaty Implementation Act of 1991 (Public

10 Law 102–228), relating to activities to reduce Soviet

11 military threat.

12 (20) Section 401(c) of the Conventional Forces in

13 Europe Treaty Implementation Act of 1991 (22

14 U.S.C. 2551 note), relating to the Arms Control and

15 Disarmament Agency’s revitalization report.

16 SEC. 189. SENSE OF THE SENATE.

17 It is the sense of the Senate that—

18 (1) there is a growing concern among some of the

19 Members of this body that the unlimited terms of Of20 fice of Inspectors General in Federal agencies may be

21 undesirable, therefore

22 (2) the issue of amending the Inspector General

23 Act to establish term limits for Inspectors General

24 should be examined and considered as soon as possible

25 by the appropriate committees of jurisdiction.
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1 SEC. 190. VALUE OF CONTRACTED GOODS AND SERVICES.

2 (a) The United Nations is increasingly contracting out

3 to the private sector various aspects of its peacekeeping op4 erations. The Permanent Representative of the United

5 States to the United Nations should make every effort to

6 ensure that United States contractors are awarded an ap7 propriate portion of these contracts commensurate with the

8 overall contribution of the United States to United Nations

9 peacekeeping.

10 (b) The Permanent Representative shall report to the

11 Congress in writing annually setting forth the dollar value

12 and percentage of total peacekeeping contracts that have

13 been awarded to United States contractors during the pre14 vious year, beginning twelve months after the date of enact15 ment of this Act.

16 SEC. 191. BUDGET JUSTIFICATION FOR SECURITY COSTS.

17 Beginning ninety days after the enactment of this Act,

18 and annually thereafter on the day the budget of the United

19 States is submitted to the Congress, the Secretary of State

20 shall submit to the Congress a detailed budget justification

21 on the costs to provide security and protection to the Sec22 retary of State both domestically and internationally. Such

23 justification shall include the number of full-time perma24 nent personnel assigned to Secretarial protection, the cost

25 of salaries, overtime, per diem, travel, equipment and vehi26 cles for carrying out such protective activities.
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1 TITLE II—UNITED STATES IN2 FORMATIONAL, EDUCA3 TIONAL, AND CULTURAL PRO4 GRAMS

5 PART A—AUTHORIZATION OF APPROPRIATIONS

6 SEC. 201. AUTHORIZATION OF APPROPRIATIONS.

7 (a) IN GENERAL.—The following amounts are author8 ized to be appropriated to carry out international informa9 tion activities, and educational and cultural exchange pro10 grams under the United States Information and Edu11 cational Exchange Act of 1948, the Mutual Educational

12 and Cultural Exchange Act of 1961, Reorganization Plan

13 Number 2 of 1977, the Radio Broadcasting to Cuba Act,

14 the Television Broadcasting to Cuba Act, the Board for

15 International Broadcasting Act, the Inspector General Act

16 of 1978, the National Endowment for Democracy Act, and

17 to carry out other authorities in law consistent with such

18 purposes:

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

20 and Expenses’’ for the United States Information

21 Agency, $478,854,000 for the fiscal year 1994 and

22 $478,854,000 for the fiscal year 1995.

23 (2) EDUCATIONAL AND CULTURAL EXCHANGE

24 PROGRAMS.—
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1 (A) FULBRIGHT ACADEMIC EXCHANGE PRO2 GRAMS.—For the ‘‘Fulbright Academic Exchange

3 Programs’’, $141,043,000 for the fiscal year 1994

4 and $141,043,000 for the fiscal year 1995.

5 (B) OTHER EXISTING PROGRAMS.—For

6 ‘‘Hubert H. Humphrey Fellowship Program’’,

7 ‘‘Edmund S. Muskie Fellowship Program’’,

8 ‘‘International Visitors Program’’, ‘‘Israeli-Arab

9 Scholarship Program’’, ‘‘Mike Mansfield Fellow10 ship Program’’, ‘‘Claude and Mildred Pepper

11 Scholarship Program of the Washington Work12 shops Foundation’’, ‘‘Citizen Exchange Pro13 grams’’, ‘‘Congress-Bundestag Exchange Pro14 gram’’, ‘‘Newly Independent States and Eastern

15 Europe Training’’, ‘‘Institute for Representative

16 Government’’, ‘‘Freedom Support Act Secondary

17 School Exchanges’’, and ‘‘Arts America’’,

18 $105,879,000 for the fiscal year 1994 and

19 $105,879,000 for the fiscal year 1995.

20 (C) NEW PROGRAMS.—

21 (i) GOODWILL GAMES.—For the Good22 will Games, $1,000,000 for the fiscal year

23 1994.

24 (ii) EAST TIMOR.—For scholarships for

25 East Timorese students established by sec-
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1 tion 222, $150,000 for the fiscal year 1994

2 and $150,000 for the fiscal year 1995.

3 (iii) CAMBODIA.—For scholarships for

4 Cambodians established by section 223,

5 $500,000 for the fiscal year 1994 and

6 $500,000 for the fiscal year 1995.

7 (iv) WORLD CUP.—For events associ8 ated with the 1994 World Cup soccer finals,

9 $1,500,000 for the fiscal year 1994.

10 (3) BROADCASTING TO CUBA.—For ‘‘Broadcast11 ing to Cuba’’, $28,351,000 for the fiscal year 1994

12 and $28,351,000 for the fiscal year 1995.

13 (4) INTERNATIONAL BROADCASTING ACTIVI14 TIES.—For ‘‘International Broadcasting Activities’’

15 $560,790,000 for the fiscal year 1994 and

16 $560,790,000 for the fiscal year 1995.

17 (5) OFFICE OF THE INSPECTOR GENERAL.—For

18 the ‘‘Office of the Inspector General’’, $4,390,000 for

19 the fiscal year 1994 and $4,390,000 for the fiscal year

20 1995.

21 (6) NATIONAL ENDOWMENT FOR DEMOCRACY.—

22 For the ‘‘National Endowment for Democracy’’,

23 $35,000,000 for the fiscal year 1994 and $35,000,000

24 for the fiscal year 1995.
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1 (7) CENTER FOR CULTURAL AND TECHNICAL

2 INTERCHANGE BETWEEN EAST AND WEST.—For the

3 ‘‘Center for Cultural and Technical Interchange be4 tween East and West’’, $26,000,000 for the fiscal year

5 1994 and $26,000,000 for the fiscal year 1995.

6 (8) INTERNATIONAL BROADCASTING OPER7 ATIONS.—For ‘‘International Broadcasting Oper8 ations’’, $395,356,000 for the fiscal year 1996 and

9 $400,784,000 for the fiscal year 1997.

10 (9) RADIO CONSTRUCTION.—For ‘‘Radio Con11 struction’’, $108,874,000 for the fiscal year 1996 and

12 $111,528,000 for the fiscal year 1997.

13 (b) AUTHORIZATION WITHIN ‘‘SALARIES AND EX14 PENSES ACCOUNT’’.—Of the amount authorized to be ap15 propriated by subsection (a)(1), $350,000 is authorized for

16 the fiscal year 1994 for the establishment and operation of

17 a United States Information Agency office in Lhasa, Tibet,

18 under section 219 of this Act and $350,000 is authorized

19 for the fiscal year 1995 for the continued operation of such

20 office.

21 (c) AUTHORIZATIONS WITHIN ‘‘FULBRIGHT ACADEMIC

22 EXCHANGE PROGRAMS’’.—

23 (1) Of the amount authorized to be appropriated

24 by subsection (a)(2)(A), $3,000,000 is authorized for

25 the fiscal year 1994 and $3,000,000 for the fiscal year
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1 1995 for the Vietnam scholarship program established

2 by section 229 of the Foreign Relations Authorization

3 Act, Fiscal Years 1992 and 1993 (Public Law 102–

4 138).

5 (2) Of the amount authorized to be appropriated

6 by subsection (a)(2)(A), $2,000,000 is authorized for

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

8 1995 for the ‘‘Environment and Sustainable Develop9 ment Exchange Program’’ established by section 224

10 of this Act.

11 PART B—USIA AND RELATED AGENCIES

12 AUTHORITIES AND ACTIVITIES

13 SEC. 211. CHANGES IN ADMINISTRATIVE AUTHORITIES.

14 Section 801 of the United States Information and

15 Educational Exchange Act of 1948 (22 U.S.C. 1471) is

16 amended—

17 (1) in paragraph (5), by striking ‘‘and’’ after the

18 semicolon;

19 (2) in paragraph (6), by striking the period at

20 the end and inserting ‘‘; and’’; and

21 (3) by adding at the end the following new para22 graph:

23 ‘‘(7) notwithstanding any other provision of law,

24 to carry out projects involving security construction

25 and related improvements for Agency facilities not
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1 physically located together with Department of State

2 facilities abroad.’’.

3 SEC. 212. BUYING POWER MAINTENANCE ACCOUNT.

4 Section 704(c) of the United States Information and

5 Educational Exchange Act of 1948 (22 U.S.C. 1477b(c)) is

6 amended—

7 (1) by redesignating clauses (1) and (2) as

8 clauses (A) and (B), respectively;

9 (2) by inserting ‘‘(1)’’ after ‘‘(c)’’; and

10 (3) by adding at the end the following new para11 graphs:

12 ‘‘(2) In carrying out this subsection, there may be es13 tablished a Buying Power Maintenance account.

14 ‘‘(3) In order to eliminate substantial gains to the ap15 proved levels of overseas operations for the United States

16 Information Agency, the Director shall transfer to the Buy17 ing Power Maintenance account such amounts appro18 priated for ‘Salaries and Expenses’ as the Director deter19 mines are excessive to the needs of the approved level of op20 erations under that appropriation account because of fluc21 tuations in foreign currency exchange rates or changes in

22 overseas wages and prices.

23 ‘‘(4) In order to offset adverse fluctuations in foreign

24 currency exchange rates or foreign wages and prices, the

25 Director may transfer from the Buying Power Maintenance
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1 account to the ‘Salaries and Expenses’ appropriations ac2 count such amounts as the Director determines are nec3 essary to maintain the approved level of operations under

4 that appropriation account.

5 ‘‘(5) Funds transferred by the Director from the Buy6 ing Power Maintenance account to another account shall

7 be merged with and be available for the same purpose, and

8 for the same time period, as the funds in that other account.

9 Funds transferred by the Director from another account to

10 the Buying Power Maintenance account shall be merged

11 with the funds in the Buying Power Maintenance account

12 and shall be available for the purposes of that account until

13 expended.

14 ‘‘(6) Any restriction contained in an appropriation

15 Act or other provision of law limiting the amounts that

16 may be obligated or expended by the United States Informa17 tion Agency shall be deemed to be adjusted to the extent

18 necessary to offset the net effect of fluctuations in foreign

19 currency exchange rates or overseas wage and price changes

20 in order to maintain approved levels.

21 ‘‘(7)(A) Subject to the limitations contained in this

22 paragraph, not later than the end of the 5th fiscal year after

23 the fiscal year for which funds are appropriated or other24 wise made available for the ‘Salaries and Expenses’ ac-
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1 count, the Director may transfer any unobligated balance

2 of such funds to the Buying Power Maintenance account.

3 ‘‘(B) The balance of the Buying Power Maintenance

4 account may not exceed $50,000,000 as a result of any

5 transfer under this paragraph.

6 ‘‘(C) Any transfer pursuant to this paragraph shall

7 be treated as a reprogramming of funds under section 705

8 and shall be available for obligation or expenditure only

9 in accordance with the procedures under such section.

10 ‘‘(D) The authorities contained in this section may

11 only be exercised to such an extent and in such amounts

12 as specifically provided in advance in appropriation Acts.’’.

13 SEC. 213. CONTRACT AUTHORITY.

14 Section 802(b) of the United States Information and

15 Educational Exchange Act of 1948 (22 U.S.C. 1472(b)) is

16 amended by adding at the end the following new paragraph:

17 ‘‘(4)(A) Notwithstanding the other provisions of this

18 subsection, the United States Information Agency is author19 ized to enter into contracts for periods not to exceed 7 years

20 for circuit capacity to distribute radio and television pro21 grams.

22 ‘‘(B) The authority of this paragraph may be exercised

23 for a fiscal year only to such extent or in such amounts

24 as are provided in advance in appropriations Acts.’’.
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1 SEC. 214. PROHIBITION ON DISCRIMINATORY CONTRACTS.

2 (a) PROHIBITION.—

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

4 in subsection (b), the United States Information

5 Agency may not enter into any contract that expends

6 funds appropriated to the United States Information

7 Agency for an amount in excess of the small purchase

8 threshold (as defined in section 4(11) of the Office of

9 Federal Procurement Policy Act (41 U.S.C.

10 403(11))—

11 (A) with a foreign person that complies

12 with the Arab League boycott of Israel, or

13 (B) with any foreign or United States per14 son that discriminates in the award of sub15 contracts on the basis of religion.

16 (2) For purposes of this section—

17 (A) a foreign person complies with the boy18 cott of Israel by Arab League countries when

19 that foreign person takes or knowingly agrees to

20 take any action, with respect to the boycott of Is21 rael by Arab League countries, which section

22 8(a) of the Export Administration Act of 1979

23 (50 U.S.C. App. 2407(a)) prohibits a United

24 States person from taking, except that for pur25 poses of this paragraph, the term ‘‘United States

26 person’’ as used in subparagraphs (B) and (C)
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1 of section 8(a)(1) of such Act shall be deemed to

2 mean ‘‘person’’; and

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

4 person other than a United States person as de5 fined in section 16(2) of the Export Administra6 tion Act of 1979 (50 U.S.C. App. 2415).

7 (3) For purposes of paragraph (1), a foreign per8 son shall be deemed not to comply with the boycott of

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

10 Director of the United States Information Agency or

11 his designee on the basis of available information, cer12 tifies that the person violates or otherwise does not

13 comply with the boycott of Israel by Arab League

14 countries by taking any actions prohibited by section

15 8(a) of the Export Administration Act of 1979 (50

16 U.S.C. App. 2407(a)). Certification by the Director of

17 the United States Information Agency or his designee

18 may occur only 30 days after notice has been given

19 to the Congress that this certification procedure will

20 be utilized at a specific overseas mission.

21 (b) WAIVER BY THE DIRECTOR OF THE UNITED

22 STATES INFORMATION AGENCY.—The Director of the Unit23 ed States Information Agency may waive the requirements

24 of this section on a country-by-country basis for a period

25 not to exceed one year upon certification to the Congress
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1 by the Director that such waiver is in the national interest

2 and is necessary to carry on diplomatic functions of the

3 United States. Each such certification shall include a de4 tailed justification for the waiver with respect to each such

5 country.

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

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

8 Director of the United States Information Agency shall en9 sure that any response to a solicitation for a bid or a re10 quest for a proposal, with respect to a contract covered by

11 subsection (a), includes the following clause, in substan12 tially the following form:

13 ‘‘ARAB LEAGUE BOYCOTT OF ISRAEL

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

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

16 other than a United States person as defined in para17 graph (2); and

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

19 United States resident or national (other than an in20 dividual resident outside the United States and em21 ployed by other than a United States person), any do22 mestic concern (including any permanent domestic

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

25 foreign establishment) of any domestic concern which
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1 is controlled in fact by such domestic concern, as de2 termined under regulations of the President.

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

4 Offeror certifies that it is not—

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

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

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

8 Administration Act of 1979 (50 U.S.C. App. 2407(a))

9 prohibits a United States person from taking; or

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

11 on the basis of religion.’’.

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

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

14 deemed not to comply with the Arab League boycott of Is15 rael by the Director of the United States Information Agen16 cy or a designee on the basis of available information. Cer17 tification by the Director of the United States Information

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

19 has been given to the Congress that this certification proce20 dure will be utilized at a specific overseas mission.

21 (3) The Director of the United States Information

22 Agency shall ensure that all State Department contract so23 licitations include a detailed explanation of the require24 ments of section 8(a) of the Export Administration Act of

25 1979 (50 U.S.C. App. 2407(a)).
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1 (d) REVIEW AND TERMINATION.—(1) The United

2 States Information Agency shall conduct reviews of the cer3 tifications submitted pursuant to this section for the pur4 pose of assessing the accuracy of the certifications.

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

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

7 section, filed with the Director of the United States Infor8 mation Agency, the United States Information Agency shall

9 investigate such complaint, and if such complaint is found

10 to be correct and a violation of the certification has been

11 found, all contracts with such violator shall be terminated

12 for default as soon as practicable, and, for a period of two

13 years thereafter, the Agency shall not enter into any con14 tracts with such a violator.

15 SEC. 215. UNITED STATES TRANSMITTER IN KUWAIT.

16 None of the funds authorized to be appropriated by this

17 or any other Act may be obligated or expended for the de18 sign, development, or construction of a United States radio

19 transmitter in Kuwait.

20 SEC. 216. SEPARATE LEDGER ACCOUNTS FOR GRANTEES OF

21 THE NATIONAL ENDOWMENT FOR DEMOC22 RACY.

23 Section 504(h)(1) of the National Endowment for De24 mocracy Act (22 U.S.C. 4413(h)(1)) is amended by striking
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1 ‘‘accounts’’ and inserting ‘‘bank accounts or separate self2 balancing ledger accounts’’.

3 SEC. 217. LIMITATION CONCERNING PARTICIPATION IN

4 INTERNATIONAL EXPOSITIONS.

5 Notwithstanding any other provision of law, the Unit6 ed States Information Agency shall not obligate or expend

7 any funds for a United States Government funded pavilion

8 or other major exhibit at any international exposition or

9 world’s fair registered by the Bureau of International Expo10 sitions in excess of amounts expressly authorized and ap11 propriated for such purpose.

12 SEC. 218. AUTHORITY TO RESPOND TO PUBLIC INQUIRIES.

13 Section 208 of the Foreign Relations Authorization

14 Act, Fiscal Years 1986 and 1987 (22 U.S.C. 1461–1a) is

15 amended by adding at the end the following new sentence:

16 ‘‘The provisions of this section shall not prohibit the United

17 States Information Agency from responding to inquiries

18 from members of the public about its operations, policies,

19 or programs.’’.

20 SEC. 219. USIA OFFICE IN LHASA, TIBET.

21 (a) ESTABLISHMENT OF OFFICE.—The Director of the

22 United States Information Agency shall establish an office

23 in Lhasa, Tibet, for the purpose of—

24 (1) disseminating information about the United

25 States;
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1 (2) promoting discussions on conflict resolution

2 and human rights;

3 (3) facilitating United States private sector in4 volvement in educational and cultural activities in

5 Tibet; and

6 (4) advising the United States Government with

7 respect to Tibetan public opinion.

8 (b) APPLICABLE LAWS.—Activities under subsection

9 (a) shall be carried out in accordance with the provisions

10 of the United States Information and Educational Ex11 change Act of 1948 and the Mutual Educational and Cul12 tural Exchange Act of 1961.

13 SEC. 220. REPORTS ON UNITED STATES GOVERNMENT EX14 CHANGE PROGRAMS.

15 (a) PRESIDENTIAL REPORT.—Section 112 of the Mu16 tual Educational and Cultural Exchange Act of 1961 (22

17 U.S.C. 2460) is amended by adding at the end the following:

18 ‘‘(f)(1) The President shall ensure that all exchange

19 programs conducted by the United States Government, its

20 departments, and agencies, directly or through agreements

21 with other parties, are reported to the Bureau at a time

22 and in a format prescribed by the Bureau.

23 ‘‘(2) Not later than 90 days after the date of enactment

24 of this subsection, and annually thereafter, the President

25 shall submit to the Chairman of the Committee on Foreign
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1 Relations and the Speaker of the House of Representatives

2 a report containing the information required to be reported

3 under paragraph (1). Such report shall include information

4 concerning the objectives of each exchange program sup5 ported by the United States, the number of exchange par6 ticipants, the types of exchange activities, and the total

7 amount of Federal expenditures for such exchanges.’’.

8 (b) REPORT BY THE DIRECTOR OF USIA.—Not later

9 than 120 days after the date of enactment of this Act, the

10 Director of the United States Information Agency shall sub11 mit to the Chairman of the Committee on Foreign Relations

12 and the Speaker of the House of Representatives a report—

13 (1) outlining the range of exchange programs ad14 ministered by the Agency;

15 (2) identifying possible areas of duplication or

16 inefficiency; and

17 (3) recommending program consolidation and

18 administrative restructuring as warranted.

19 SEC. 221. SCHOLARSHIPS FOR EAST TIMORESE STUDENTS.

20 Notwithstanding any other provision of law, the Bu21 reau of Educational and Cultural Affairs of the United

22 States Information Agency shall make available for each

23 of the fiscal years 1994 and 1995, scholarships for East

24 Timorese students qualified to study in the United States

25 for the purpose of studying at the undergraduate level in
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1 a United States college or university. Each scholarship

2 made available under this subsection shall be for not less

3 than one semester of study.

4 SEC. 222. CAMBODIAN SCHOLARSHIP AND EXCHANGE PRO5 GRAMS.

6 (a) PURPOSE.—It is the purpose of this section to pro7 vide financial assistance—

8 (1) to establish a scholarship program for Cam9 bodian college and post-graduate students to study in

10 the United States; and

11 (2) to expand Cambodian participation in ex12 change programs of the United States Information

13 Agency.

14 (b) PROGRAM.—(1) The Director of the United States

15 Information Agency shall establish a scholarship program

16 to enable Cambodian college students and post-graduate

17 students to study in the United States.

18 (2) The Director of the United States Information

19 Agency shall also include qualified Cambodian citizens in

20 exchange programs funded or otherwise sponsored by the

21 Agency, in particular the Fulbright Academic Program, the

22 International Visitor Program, and the Citizen Exchange

23 Program.

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

25 term ‘‘scholarship’’ means an amount to be used for full
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1 or partial support of tuition and fees to attend an edu2 cational institution, and may include fees, books, and sup3 plies, equipment required for courses at an educational in4 stitution, living expenses at a United States educational in5 stitution, and travel expenses to and from, and within, the

6 United States.

7 SEC. 223. INCREASING AFRICAN PARTICIPATION IN USIA

8 EXCHANGE PROGRAMS.

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

10 (1) United States Information Agency (USIA)

11 programs with African countries have continued to

12 decrease over the past three years, occurring at a time

13 when economic reform and the expansion of demo14 cratic governments and institutions are taking place

15 in more than 25 countries across Africa;

16 (2) African institutions are now attempting to

17 reform their education sector to adjust to population

18 and budget pressures, and to revitalize existing infra19 structure to restore quality;

20 (3) higher education is the cornerstone of eco21 nomic and political development, and will help im22 prove the well-being of Africans citizens; and

23 (4) USIA programs in Africa are insufficient to

24 meet the expanding needs for educational development
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1 and to help strengthen democratic, educational, and

2 free market institutions in Africa.

3 (b) POLICY.—The Director of United States Informa4 tion Agency shall expand exchange program allocations to

5 Africa, in particular Fulbright Academic Exchanges, Inter6 national Visitor Programs, and Citizen Exchanges, and

7 shall further encourage a broadening of affiliations and

8 links between American and African institutions.

9 SEC. 224. ENVIRONMENT AND SUSTAINABLE DEVELOPMENT

10 EXCHANGE PROGRAM.

11 (a) PURPOSE.—The purpose of this section is to estab12 lish an exchange program to bring students and teachers

13 to the United States for training in the fields of environ14 ment and development, with particular emphasis on sus15 tainable development.

16 (b) PROGRAM AUTHORITY.—Notwithstanding any

17 other provision of law, the Director of the United States

18 Information Agency, through the Bureau of Educational

19 and Cultural Affairs, shall provide scholarships beginning

20 in the fiscal year 1994, and for each fiscal year thereafter,

21 for study at United States institutions of higher education

22 in furtherance of the purpose of this section for foreign stu23 dents who have completed their undergraduate education

24 and for postsecondary educators.
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1 (c) GUIDELINES.—The scholarship program under this

2 section shall be carried out in accordance with the following

3 guidelines:

4 (1) Consistent with section 112(b) of the Mutual

5 Educational and Cultural Exchange Act of 1961 (22

6 U.S.C. 2460(b)), all programs created pursuant to

7 this Act shall be nonpolitical and balanced, and shall

8 be administered in keeping with the highest standards

9 of academic integrity and cost-effectiveness.

10 (2) The United States Information Agency shall

11 administer this program under the auspices of the

12 Fulbright Academic Exchange Program.

13 (3) The United States Information Agency shall

14 ensure the regional diversity of this program through

15 the selection of candidates from Asia, Africa, Latin

16 America, as well as Europe and the Middle East.

17 (d) DEFINITION.—For purposes of this section, the

18 term ‘‘institution of higher education’’ has the same mean19 ing given to such term by section 1201(a) of the Higher

20 Education Act of 1965.

21 SEC. 225. USIA VOCATIONAL EXCHANGE PROGRAM.

22 (a) AUTHORITY.—Section 102(a) of the Mutual Edu23 cational and Cultural Exchange Act of 1961 (22 U.S.C.

24 2452) is amended by adding at the end the following new

25 paragraph:
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1 ‘‘(4) vocational exchanges, by financing visits

2 and interchanges of professionals and skilled workers

3 in the fields of government, public administration, in4 frastructure planning and development, business, and

5 finance for the purpose of increasing practical under6 standing, management, and problem-solving skills

7 in—

8 ‘‘(A) the institution and improvement of

9 public administration and infrastructure at the

10 national, intergovernmental, regional and local

11 level; and

12 ‘‘(B) the creation and development of pri13 vate enterprise and free market systems based on

14 the principle of private ownership of property.’’.

15 (b) REPORT.—Not later than one year after the date

16 of the enactment of this Act, the Director of the United

17 States Information Agency shall submit a detailed report

18 to the Committee on Foreign Relations of the Senate and

19 the Committee on Foreign Affairs of the House of Represent20 atives on the action taken by the United States Information

21 Agency to carry out section 102(a)(4) of the Mutual Edu22 cational and Cultural Exchange Act of 1961.

23 SEC. 226. 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 enter into agreements with universities

3 for the establishment and support of collections at appro4 priate university libraries located abroad to further the

5 study of the United States.

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 SEC. 227. TECHNICAL AMENDMENT RELATING TO NEAR

4 AND MIDDLE EAST RESEARCH AND TRAINING.

5 Section 228(d) of the Foreign Relations Authorization

6 Act, Fiscal Years 1992 and 1993 (22 U.S.C. 2452 note) is

7 amended by inserting ‘‘and includes the Republic of Tur8 key’’ before the period at the end thereof.

9 SEC. 228. DISTRIBUTION WITHIN THE UNITED STATES OF

10 UNITED STATES INFORMATION AGENCY DOC11 UMENTARY FILM ENTITLED ‘‘CRIMES

12 AGAINST HUMANITY’’.

13 Notwithstanding the second sentence of section 501 of

14 the United States Information and Educational Exchange

15 Act of 1948 (22 U.S.C. 1461), nor any other provision of

16 law, the Director of the United States Information Agency

17 may make available for distribution within the United

18 States the documentary entitled ‘‘Crimes Against Human19 ity’’, a film about the ensuing conflict in the former Yugo20 slavia.

21 SEC. 229. REDUCTION IN FORCE AUTHORITY WITH REGARD

22 TO THE FOREIGN SERVICE.

23 (a) IN GENERAL.—(1) Title VI of the Foreign Service

24 Act of 1980 (22 U.S.C. 4001 et seq.) is amended—
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1 (A) by redesignating sections 611, 612, and 613

2 as sections 612, 613, and 614, respectively; and

3 (B) by inserting after section 610 the following

4 new section:

5 ‘‘SEC. 611. REDUCTIONS IN FORCE.—(a) The Sec6 retary may conduct reductions in force and may prescribe

7 regulations for the separation of members of the Service

8 under such reductions in force which give due effect to—

9 ‘‘(1) organizational need;

10 ‘‘(2) documented employee qualifications, knowl11 edge, skills, or competencies;

12 ‘‘(3) documented employee performance;

13 ‘‘(4) tenure of employment; and

14 ‘‘(5) military preference.

15 ‘‘(b) For purposes of this section the term ‘members

16 of the Service’ means the individuals described under sec17 tion 103.’’.

18 (2) The table of contents for the Foreign Service Act

19 of 1980 is amended by striking out the items related to sec20 tion 611, 612, and 613 and inserting in lieu thereof the

21 following:

‘‘Sec. 611. Reductions in force.

‘‘Sec. 612. Termination of limited appointments.

‘‘Sec. 613. Termination of appointments of consular agents and foreign national

employees.

‘‘Sec. 614. Foreign Service awards.’’.
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1 (b) MANAGEMENT RIGHTS.—Section 1005(a) of the

2 Foreign Service Act of 1980 (22 U.S.C. 4105(a)) is amend3 ed—

4 (1) by redesignating paragraphs (3) through (6)

5 as paragraphs (4) through (7), respectively; and

6 (2) by inserting after paragraph (2) the follow7 ing new paragraph:

8 ‘‘(3) to conduct reductions in force, and to pre9 scribe regulations for the separation of employees

10 under such reductions in force conducted under sec11 tion 611;’’.

12 (c) CONSULTATION.—The Secretary of State shall con13 sult with the Director of the Office of Personnel Manage14 ment before prescribing regulations for reductions in force

15 under section 611 of the Foreign Service Act of 1980 (as

16 added by subsection (a) of this section).

17 SEC. 230. INTERNATIONAL EXCHANGE PROGRAMS INVOLV18 ING DISABILITY-RELATED MATTERS.

19 (a) AUTHORITY.—Section 102(b) of the Mutual Edu20 cational and Cultural Exchange Act of 1961 (22 U.S.C.

21 2452(b)) is amended—

22 (1) by redesignating paragraphs (9) through (11)

23 as paragraphs (10) through (12), respectively; and

24 (2) by inserting after paragraph (8) the follow25 ing:
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1 ‘‘(9) promoting educational, cultural, medical,

2 and scientific meetings, training, research, visits,

3 interchanges, and other activities, with respect to dis4 ability-related matters, including participation by in5 dividuals with disabilities (within the meaning of sec6 tion 3(2) of the Americans with Disabilities Act of

7 1990 (42 U.S.C. 12102(2)) in such activities, through

8 such nonprofit organizations as have a demonstrated

9 capability to coordinate exchange programs involving

10 disability-related matters;’’.

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

12 of enactment of this Act, the Director of the United States

13 Information Agency shall submit a report to the Congress

14 describing the steps taken during the period since the date

15 of enactment of this Act to implement section 102(b)(9) of

16 the Mutual Educational and Cultural Exchange Act of 1961

17 (22 U.S.C. 2452(b)(9)).

18 (c) ANNUAL SUMMARY OF ACTIVITIES.—As part of the

19 congressional presentation materials submitted in connec20 tion with the annual budget request for the United States

21 Information Agency, the Director of the Agency shall in22 clude a summary of the international exchange activities

23 carried out under section 102(b)(9) of the Mutual Edu24 cational and Cultural Exchange Act of 1961 (22 U.S.C.

25 2452(b)(9)) during the preceding calendar year.
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1 PART C—MIKE MANSFIELD FELLOWSHIPS

2 SEC. 231. SHORT TITLE.

3 This part may be cited as the ‘‘Mike Mansfield Fellow4 ship Act’’.

5 SEC. 232. ESTABLISHMENT OF MIKE MANSFIELD FELLOW6 SHIP PROGRAM.

7 (a) ESTABLISHMENT.—(1) There is hereby established

8 the ‘‘Mike Mansfield Fellowship Program’’ pursuant to

9 which the Director of the United States Information Agency

10 will make grants, subject to the availability of appropria11 tions, to the Mansfield Center for Pacific Affairs to award

12 fellowships to eligible United States citizens for periods of

13 2 years each (or, pursuant to section 233(5)(C), for such

14 shorter period of time as the Center may determine based

15 on a Fellow’s level of proficiency in the Japanese language

16 or knowledge of the political economy of Japan) as follows:

17 (A) During the first year each fellowship recipi18 ent will study the Japanese language as well as Ja19 pan’s political economy.

20 (B) During the second year each fellowship re21 cipient will serve as a Fellow in a parliamentary of22 fice, ministry, or other agency of the Government of

23 Japan or, subject to the approval of the Center, a

24 nongovernmental Japanese institution associated with

25 the interests of the fellowship recipient, consistent

26 with the purposes of this part.
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1 (2) Fellowships under this part may be known as

2 ‘‘Mansfield Fellowships’’, and individuals awarded such fel3 lowships may be known as ‘‘Mansfield Fellows’’.

4 (b) ELIGIBILITY OF CENTER FOR GRANTS.—Grants

5 may be made to the Center under this section only if the

6 Center agrees to comply with the requirements of section

7 233.

8 (c) INTERNATIONAL AGREEMENT.—The Director of the

9 United States Information Agency should enter into nego10 tiations for an agreement with the Government of Japan

11 for the purpose of placing Mansfield Fellows in the Govern12 ment of Japan.

13 (d) PRIVATE SOURCES.—The Center is authorized to

14 accept, use, and dispose of gifts or donations of services or

15 property in carrying out the fellowship program.

16 SEC. 233. PROGRAM REQUIREMENTS.

17 The program established under this part shall comply

18 with the following requirements:

19 (1) United States citizens who are eligible for fel20 lowships under this part shall be employees of the

21 Federal Government having at least two years experi22 ence in any branch of the Government, a strong ca23 reer interest in United States-Japan relations, and a

24 demonstrated commitment to further service in the

25 Federal Government.
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1 (2) Not less than 10 fellowships shall be awarded

2 each year.

3 (3) Mansfield Fellows shall agree—

4 (A) to maintain satisfactory progress in

5 language training as a condition of continued

6 receipt of Federal funds; and

7 (B) to return to the Federal Government for

8 further employment for a period of at least 2

9 years following the end of their fellowships, un10 less, in the determination of the Center, the Fel11 low is unable (for reasons beyond the Fellow’s

12 control and after receiving assistance from the

13 Center as provided in paragraph (8)) to find re14 employment for such period.

15 (4) During the period of the fellowship, the Cen16 ter shall provide each Mansfield Fellow—

17 (A) a stipend at a rate of pay equal to the

18 rate of pay that individual was receiving when

19 he or she entered the program, plus a cost-of-liv20 ing adjustment calculated at the same rate of

21 pay, and for the same period of time, for which

22 such adjustments were made to the salaries of in23 dividuals occupying competitive positions in the

24 civil service during the same period as the fel25 lowship; and
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1 (B) certain allowances and benefits as that

2 individual would have been entitled to, but for

3 his or her separation from Government service,

4 as a United States Government civilian em5 ployee overseas under the Standardized Regula6 tions (Government Civilians, Foreign Areas) of

7 the Department of State, as follows: a living

8 quarters allowance to cover the cost of housing in

9 Japan, a post allowance to cover the signifi10 cantly higher costs of living in Japan, a tem11 porary quarters subsistence allowance for up to

12 7 days for Fellows unable to find housing imme13 diately upon arrival in Japan, an education al14 lowance to assist parents in providing their chil15 dren with educational services ordinarily pro16 vided without charge by United States public

17 schools, moving expenses of up to $3,000 for per18 sonal belongings of Fellows and their families in

19 their move to Japan and up to $500 for Fellows

20 residing outside the Washington, D.C. area in

21 moving to the Washington, D.C. area, and one22 round-trip economy-class airline ticket to Japan

23 for each Fellow and the Fellow’s immediate fam24 ily.
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1 (5)(A) For the first year of each fellowship, the

2 Center shall provide Fellows with intensive Japanese

3 language training in the Washington, D.C., area, as

4 well as courses in the political economy of Japan.

5 (B) Such training shall be of the same quality

6 as training provided to Foreign Service officers before

7 they are assigned to Japan.

8 (C) The Center may waive any or all of the

9 training required by subparagraph (A) to the extent

10 that a Fellow has Japanese language skills or knowl11 edge of Japan’s political economy, and the 2 year fel12 lowship period shall be shortened to the extent such

13 training is less than one year.

14 (6) Any Mansfield Fellow not complying with

15 the requirements of this section shall reimburse the

16 United States Information Agency for the Federal

17 funds expended for the Fellow’s participation in the

18 fellowship, together with interest on such funds (cal19 culated at the prevailing rate), as follows:

20 (A) Full reimbursement for noncompliance

21 with paragraph (3)(A) or (9); and

22 (B) pro rata reimbursement for noncompli23 ance with paragraph (3)(B) for any period the

24 Fellow is reemployed by the Federal Government

25 that is less than the period specified in para-
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1 graph (3)(B), at a rate equal to the amount the

2 Fellow received during the final year of the fel3 lowship for the same period of time, including

4 any allowances and benefits provided under

5 paragraph (4).

6 (7) The Center shall select Mansfield Fellows

7 based solely on merit. The Center shall make positive

8 efforts to recruit candidates reflecting the cultural, ra9 cial, and ethnic diversity of the United States.

10 (8) The Center shall assist any Mansfield Fellow

11 in finding employment in the Federal Government if

12 such Fellow was not able, at the end of the fellowship,

13 to be reemployed in the agency from which he or she

14 separated to become a Fellow.

15 (9) No Mansfield Fellow may engage in any in16 telligence or intelligence-related activity on behalf of

17 the United States Government.

18 SEC. 234. SEPARATION OF GOVERNMENT PERSONNEL DUR19 ING THE FELLOWSHIPS.

20 (a) SEPARATION.—Under such terms and conditions

21 as the agency head may direct, any agency of the United

22 States Government may separate from Government service

23 for a specified period any officer or employee of that agency

24 who accepts a fellowship under the program established by

25 this part.
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1 (b) REEMPLOYMENT.—Any Mansfield Fellow, at the

2 end of the fellowship, is entitled to be reemployed in the

3 same manner as if covered by section 3582 of title 5, United

4 States Code.

5 (c) RIGHTS AND BENEFITS.—Notwithstanding section

6 8347(o), 8713, or 8914 of title 5, United States Code, and

7 in accordance with regulations of the Office of Personnel

8 Management, an employee, while serving as a Mansfield

9 Fellow, is entitled to the same rights and benefits as if cov10 ered by section 3582 of title 5, United States Code. The Cen11 ter shall reimburse the employing agency for any costs in12 curred under section 3582 of title 5, United States Code.

13 (d) COMPLIANCE WITH BUDGET ACT.—Funds are

14 available under this section to the extent and in the

15 amounts provided in appropriation Acts.

16 SEC. 235. PROGRAM REVIEW AND REPORT.

17 (a) PROGRAM REVIEW.—The Director of the United

18 States Information Agency shall review the administration

19 of the program assisted under this part.

20 (b) ANNUAL REPORT.—Each year at the time of the

21 submission of the President’s budget request to the Congress,

22 the Director of the United States Information Agency shall

23 submit to the Chairman of the Committee on Foreign Rela24 tions and the Speaker of the House of Representatives a

25 report completed by the Center on the conduct of the pro-
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1 gram during the preceding year. Each such report shall

2 contain—

3 (1) an analysis of the assistance provided under

4 the program for the previous fiscal year and the na5 ture of the assistance provided;

6 (2) an analysis of the performance of the indi7 viduals who received assistance under the program

8 during the previous fiscal year, including the degree

9 to which assistance was terminated under the pro10 gram and the extent to which individual recipients

11 failed to meet their obligation under the program;

12 and

13 (3) an analysis of the results of the program for

14 the previous fiscal year, including, at a minimum,

15 the cumulative percentage of individuals who received

16 assistance under the program who subsequently be17 came employees of the United States Government and,

18 in the case of individuals who did not subsequently

19 become employees of the United States Government,

20 an analysis of the reasons why they did not become

21 employees and an explanation as to what use, if any,

22 was made of the assistance given to those recipients.

23 SEC. 236. DEFINITIONS.

24 For purposes of this part—
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1 (1) the term ‘‘agency of the United States Gov2 ernment’’ includes any agency of the legislative

3 branch and any court of the judicial branch as well

4 as any agency of the executive branch;

5 (2) the term ‘‘agency head’’ means—

6 (A) in the case of the executive branch of

7 Government or an agency of the legislative

8 branch other than the House of Representatives

9 or the Senate, the head of the respective agency;

10 (B) in the case of the judicial branch of

11 Government, the chief judge of the respective

12 court;

13 (C) in the case of the Senate, the President

14 pro tempore, in consultation with the Majority

15 Leader and Minority Leader of the Senate; and

16 (D) in the case of the House of Representa17 tives, the Speaker of the House, in consultation

18 with the Majority Leader and Minority Leader

19 of the House; and

20 (3) the term ‘‘Center’’ means the Mansfield Cen21 ter for Pacific Affairs.
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1 TITLE III—UNITED STATES

2 INTERNATIONAL BROADCAST3 ING ACT OF 1994

4 SEC. 301. SHORT TITLE.

5 This title may be cited as the ‘‘United States Inter6 national Broadcasting Act of 1994’’.

7 SEC. 302. CONGRESSIONAL FINDINGS AND DECLARATION

8 OF PURPOSES.

9 The Congress hereby finds and declares that—

10 (1) it is the policy of the United States to pro11 mote the right of opinion and expression, including

12 the freedom ‘‘to seek, receive, and impart information

13 and ideas through any media and regardless of fron14 tiers,’’ in accordance with Article 19 of the Universal

15 Declaration of Human Rights;

16 (2) open communication of information and

17 ideas among the peoples of the world contributes to

18 international peace and stability, and that the pro19 motion of such communication is in the interests of

20 the United States;

21 (3) prominent in the implementation of this pol22 icy has been United States support for the Voice of

23 America, Radio Free Europe, Radio Liberty, and

24 Broadcasting to Cuba, which have demonstrated their
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1 effectiveness in providing accurate and timely infor2 mation to the people of the world;

3 (4) the continuation of these broadcasting enti4 ties, and the creation of a new broadcasting service to

5 the people of the People’s Republic of China and the

6 other communist countries of Asia, would continue

7 the promotion of information and ideas, while ad8 vancing the goals of United States foreign policy; and

9 (5) the reorganization and consolidation of these

10 services will achieve important economies and

11 strengthen the capability of the United States to uti12 lize these instrumentalities to support freedom and

13 democracy in a rapidly changing international envi14 ronment.

15 SEC. 303. ESTABLISHMENT OF BROADCASTING BOARD OF

16 GOVERNORS.

17 (a) ESTABLISHMENT.—There is hereby established

18 within the United States Information Agency a Broadcast19 ing Board of Governors (hereafter in this title referred to

20 as the ‘‘Board’’).

21 (b) COMPOSITION OF THE BOARD.—(1) The Board

22 shall consist of 8 members, as follows:

23 (A) Six voting members who shall be appointed

24 by the President, by and with the advice and consent

25 of the Senate.
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1 (B) The Director of the United States Informa2 tion Agency who shall also be a voting member.

3 (C) The Director of the International Broadcast4 ing Bureau, who shall be an ex officio member of the

5 Board and may not vote in the determinations of the

6 Board.

7 (2) The President shall designate one member (other

8 than the Director of the United States Information Agency)

9 as Chairman of the Board.

10 (3) Exclusive of the Director of the United States In11 formation Agency, not more than three of the members of

12 the Board appointed by the President shall be of the same

13 political party.

14 (c) TERM OF OFFICE.—The term of office of each mem15 ber of the Board shall be three years, except that the Direc16 tor of the United States Information Agency and the Direc17 tor of the International Broadcasting Bureau of the United

18 States Information Agency shall remain members of the

19 Board during their respective terms of service. Of the other

20 six voting members, the initial terms of office of two mem21 bers shall be one year, and the initial terms of office of two

22 other members shall be two years, so that the terms of one23 third of these voting members of the Board expire each year.

24 The President shall appoint, by and with the advice and

25 consent of the Senate, Board members to fill vacancies oc-
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1 curring prior to the expiration of a term, in which case

2 the members so appointed shall serve for the remainder of

3 such term. Any member whose term has expired may serve

4 until his or her successor has been appointed and qualified.

5 (d) SELECTION OF BOARD.—Members of the Board ap6 pointed by the President shall be citizens of the United

7 States who are not currently regular full-time employees of

8 the United States Government, except the Director of the

9 United States Information Agency. Such members shall be

10 selected by the President from among Americans distin11 guished in the fields of mass communications, print, broad12 cast media or foreign affairs.

13 (e) COMPENSATION.—Members of the Board, while at14 tending meetings of the Board or while engaged in duties

15 relating to such meetings or in other activities of the Board

16 pursuant to this section, including travel time, shall be enti17 tled to receive compensation equal to the daily equivalent

18 of the compensation prescribed for level IV of the Executive

19 Schedule under section 5315 of title 5, United States Code.

20 While away from their homes or regular places of business

21 they may be allowed travel expenses, including per diem

22 in lieu of subsistence, as authorized by law (5 U.S.C. 5703)

23 for persons in the Government service employed intermit24 tently. The Director of the United States Information Agen25 cy and the Director, International Broadcasting Bureau,
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1 United States Information Agency, shall not be entitled to

2 any compensation under this title, but may be allowed trav3 el expenses as provided in the preceding sentence.

4 SEC. 304. FUNCTIONS OF THE BOARD.

5 (a) AUTHORITIES.—The Board is authorized—

6 (1) to provide guidance and oversight to the

7 International Broadcasting Bureau;

8 (2) to review and evaluate the mission and oper9 ation of the International Broadcasting Bureau and

10 to assess the quality, effectiveness, and professional

11 integrity of its programming within the context of the

12 broad foreign policy objectives of the United States;

13 (3) to review and evaluate, at least annually, the

14 mix of traditional Voice of America programming

15 and surrogate programming and make recommenda16 tions to the President, through the Director of the

17 United States Information Agency, regarding the ad18 dition or deletion of language services;

19 (4) to make grants to RFE/RL, Incorporated, or

20 to an alternative entity in accordance with section

21 307(e);

22 (5) to review engineering activities to ensure that

23 all broadcasting elements receive the highest quality

24 and cost-effective delivery services;
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1 (6) to undertake such studies as may be nec2 essary to identify areas in which the operations of the

3 International Broadcasting Bureau could be made

4 more efficient and economical;

5 (7) to submit to the President, through the Direc6 tor of the United States Information Agency, an an7 nual report which summarizes the activities of the

8 Board and evaluates the operations of the Inter9 national Broadcasting Bureau;

10 (8) to the extent it deems necessary to carry out

11 the functions under this title, procure supplies, serv12 ices, and other personal property;

13 (9) to appoint such staff personnel for the Board

14 as may be necessary, subject to the provisions of title

15 5, United States Code, governing appointments in the

16 competitive service, and to fix their compensation in

17 accordance with the provisions of chapter 51 and sub18 chapter III of chapter 53 of such title relating to clas19 sification and General Schedule pay rates; and

20 (10) to make available for its own use, for offi21 cial reception and representation expenses, such

22 amount as provided for in an annual appropriations

23 which shall not exceed the amount appropriated to the

24 Board for International Broadcasting for such pur25 poses in fiscal year 1993.
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1 (b) IMPLEMENTATION.—The Director and the Board,

2 in carrying out the functions of subsection (a), shall respect

3 the professional independence and integrity of the Inter4 national Broadcasting Bureau and its broadcasting serv5 ices.

6 SEC. 305. FOREIGN POLICY GUIDANCE.

7 To assist the Board in carrying out its functions, the

8 Secretary of State, acting through the Director of the United

9 States Information Agency, shall provide information and

10 guidance on foreign policy issues to the Board.

11 SEC. 306. INTERNATIONAL BROADCASTING BUREAU.

12 (a) ESTABLISHMENT.—There is hereby established an

13 International Broadcasting Bureau within the United

14 States Information Agency (hereafter in this title referred

15 to as the ‘‘Bureau’’).

16 (b) ORGANIZATION OF THE BUREAU.—The Bureau, in

17 recognition of and to implement the purposes of this title,

18 shall consist of the following separate elements:

19 (1) The Voice of America.

20 (2) The Office of Surrogate Broadcasting.

21 (3) Such services of the WORLDNET Television

22 and Film Service as determined by the Board with

23 the concurrence of the Director of the United States

24 Information Agency.

25 (4) Engineering and Technical Operations.
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1 (5) Such other elements as the Director of the

2 International Broadcasting Bureau may from time to

3 time establish with the concurrence of the Director of

4 the United States Information Agency and the Board.

5 (c) ORGANIZATION OF THE OFFICE OF SURROGATE

6 BROADCASTING.—The Office of Surrogate Broadcasting

7 shall administer the grants for Radio Free Europe, Radio

8 Liberty, and Radio Free Asia and shall administer the Of9 fice of Cuba Broadcasting (including Radio Marti and TV

10 Marti), and such other surrogate services as may from time

11 to time be established.

12 (d) SELECTION OF THE DIRECTOR OF THE BUREAU.—

13 (1) The Director of the Bureau shall be appointed by the

14 Chairman of the Board, in consultation with the Director

15 of the United States Information Agency and with the con16 currence of a majority of the Board. The Director of the

17 Bureau shall be entitled to receive compensation at the rate

18 now or hereafter prescribed by law for level IV of the Execu19 tive Schedule.

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

21 amended by adding at the end the following:

22 ‘‘Director of the International Broadcasting Bu23 reau, the United States Information Agency.’’.

24 (e) SEPARATELY IDENTIFIED APPROPRIATION AC25 COUNT.—(1) In any fiscal year, funding for the Board and
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1 the Bureau shall be made out of a single appropriations

2 account designated ‘‘International Broadcasting Activities’’

3 or ‘‘International Broadcasting Operations’’, as the case

4 may be.

5 (2) The Director of the Bureau shall submit proposals

6 on appropriation of broadcasting funds to the Board. The

7 Board shall forward its recommendations concerning the

8 proposed budget for the Board and the Bureau to the Direc9 tor of the United States Information Agency for his consid10 eration as a part of the Agency’s budget submission to the

11 Office of Management and Budget.

12 (3) The Director of the United States Information

13 Agency shall include in the Agency’s submission to the Of14 fice of Management and Budget the comments and rec15 ommendations of the Board concerning the proposed broad16 casting budget.

17 (4) The Board shall allocate funds appropriated pur18 suant to paragraph (1) among the separate elements of the

19 International Broadcasting Bureau, subject to the limita20 tions contained in section 307(d).

21 SEC. 307. GRANTS FOR RADIO FREE EUROPE, RADIO LIB22 ERTY, AND RADIO FREE ASIA.

23 (a) AUTHORITY.—The Board is authorized to make

24 annual grants to RFE/RL, Incorporated, for the purpose
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1 of operating Radio Free Europe, Radio Liberty, and Radio

2 Free Asia as provided for in sections 308 and 309.

3 (b) BOARD STRUCTURE.—No grant may be made to

4 RFE/RL, Incorporated, unless the certificate of incorpora5 tion of RFE/RL, Incorporated, has been amended to provide

6 that—

7 (1) the Board of Directors of RFE/RL, Incor8 porated, shall consist of the members of the Broadcast9 ing Board of Governors established under section 303

10 and of no other members;

11 (2) such Board of Directors shall make all major

12 policy determinations governing the operation of

13 RFE/RL, Incorporated, and shall appoint and fix the

14 compensation of such managerial officers and employ15 ees of RFE/RL, Incorporated, as it deems necessary

16 to carry out the purposes of the grant provided under

17 this title; and

18 (3) the name of the corporation shall be amended

19 to include reference to Radio Free Asia, and the cor20 poration shall be authorized to carry out the functions

21 described in section 308 with respect to Radio Free

22 Asia.

23 (c) LOCATION OF PRINCIPAL PLACE OF BUSINESS.—

24 (1) No grant may be made under this section unless RFE/

25 RL, Incorporated, agrees to locate the headquarters of the
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1 corporation and its senior administrative and managerial

2 staff within the metropolitan area of Washington, D.C.

3 (2) Not later than 90 days after the date of enactment

4 of this Act, the Board shall provide a report to Congress

5 on the number of administrative, managerial, and technical

6 staff who will be located within the metropolitan area of

7 Washington, D.C., and the number of employees whose prin8 cipal place of business will be located outside the metropoli9 tan area of Washington, D.C.

10 (d) LIMITATION ON GRANT AMOUNTS.—(1) Grants

11 made after September 30, 1995, for the operating costs of

12 Radio Free Europe and Radio Liberty may not exceed

13 $75,000,000 in any fiscal year.

14 (2) Grants made for the operating costs of Radio Free

15 Asia may not exceed $22,000,000 in any fiscal year.

16 (3) The total amount of grant funds made available

17 for one-time capital costs of Radio Free Asia may not ex18 ceed $8,000,000.

19 (4) Notwithstanding the provisions of paragraphs (1)

20 and (2), if RFE/RL, Incorporated, determines that there

21 is a need to reallocate resources between funds made avail22 able for Radio Free Europe, Radio Liberty, and Radio Free

23 Asia, RFE/RL, Incorporated, may submit a request for the

24 reallocation of such resources to the Board, which may au-
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1 thorize such reallocation after notifying the appropriate

2 congressional committees.

3 (e) ALTERNATIVE GRANTEE.—If the Board determines

4 at any time that RFE/RL, Incorporated, is not carrying

5 out the functions described in section 308 or 309 in an effec6 tive and economical manner, the Board may award the

7 grant to carry out these functions to another entity after

8 soliciting and considering applications from eligible entities

9 in such manner and accompanied by such information as

10 the Board may reasonably require.

11 (f) NOT A FEDERAL AGENCY OR INSTRUMENTALITY.—

12 Compliance with the requirements of subsection (b) shall

13 not be construed to make such entity a Federal agency or

14 instrumentality.

15 SEC. 308. RADIO FREE ASIA.

16 (a) AUTHORITY.—(1) Grants authorized under section

17 307(a) shall be available to make annual grants for the pur18 pose of carrying out radio broadcasting to the People’s Re19 public of China, Burma, Cambodia, Laos, North Korea,

20 Tibet, or Vietnam.

21 (2) Such surrogate broadcasting service shall be

22 referred to as ‘‘Radio Free Asia’’.

23 (b) FUNCTIONS.—Radio Free Asia shall—
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1 (1) provide accurate and timely information,

2 news, and commentary about events in the respective

3 countries of Asia and elsewhere; and

4 (2) be a forum for a variety of opinions and

5 voices from within Asian nations whose people do not

6 fully enjoy freedom of expression.

7 (c) SUBMISSION OF DETAILED PLAN FOR RADIO FREE

8 ASIA.—(1) No grant may be awarded to carry out this sec9 tion unless the Board, through the Director of the United

10 States Information Agency, has submitted to Congress and

11 the Comptroller General of the United States a detailed

12 plan for the establishment and operation of Radio Free

13 Asia, including—

14 (A) a description of the manner in which RFE/

15 RL, Incorporated, would meet the funding limitations

16 provided in section 307(d)(2);

17 (B) a statement that the authority to utilize ex18 isting transmitters has been obtained for the broad19 casting of Radio Free Asia to countries or regions

20 proposed in the plan, and that existing transmitters

21 meet the technical needs of the new service; and

22 (C) a detailed justification for the number of em23 ployees RFE/RL, Incorporated, proposes to hire, the

24 extent to which RFE/RL, Incorporated, intends to

25 utilize technical or other resources of other broadcast-
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1 ing entities, and the manner in which RFE/RL, In2 corporated, intends to reimburse such other entities

3 for such utilization of resources.

4 (2) The plan required by paragraph (1) shall be sub5 mitted not later than 120 days after the date of enactment

6 of this Act.

7 (3) No grant may be awarded to carry out the provi8 sions of this section unless the plan submitted by the Board

9 includes a certification by the Board that Radio Free Asia

10 can be established and operated within the funding limita11 tions provided for in section 307(d)(2).

12 (4) The Comptroller General of the United States shall

13 review the plan submitted by the Board and shall, not later

14 than 30 days after receipt of the plan, report to the Director

15 of the United States Information Agency, the Board, and

16 the appropriate congressional committees on whether the

17 Comptroller General determines that the fiscal assumptions

18 contained in the plan are adequate and that the plan can

19 be implemented within the funding limitations provided for

20 in this section.

21 (5) If the Board determines that a Radio Free Asia

22 cannot be established or operated effectively within the

23 funding limitations provided for in this section, the Board

24 may submit, through the Director of United States Informa25 tion Agency, an alternative plan and such proposed changes
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1 in legislation as may be necessary to the appropriate con2 gressional committees.

3 (d) GRANT AGREEMENT.—(1) Grants awarded under

4 this section shall be subject to the same terms and conditions

5 as are provided in subsections (b), (c), (d), and (e) of section

6 309 with respect to the functions of Radio Free Europe and

7 Radio Liberty.

8 (2) Any grant agreement under this section shall re9 quire that any contract entered into by RFE/RL, Incor10 porated, with respect to Radio Free Asia shall specify that

11 all obligations are assumed by RFE/RL, Incorporated, and

12 not by the United States Government, and shall further

13 specify that funds to carry out the activities of RFE/RL,

14 Incorporated, may not be available after September 30,

15 1999.

16 (3) Any such grant agreement shall require that any

17 lease agreements entered into by RFE/RL, Incorporated,

18 with respect to Radio Free Asia shall be, to the maximum

19 extent possible, assignable to the United States Government.

20 (e) LIMITATIONS ON ADMINISTRATIVE AND MANAGE21 RIAL COSTS.—(1) It is the sense of the Congress that ad22 ministrative and managerial costs for operation of Radio

23 Free Asia should be kept to a minimum and, to the maxi24 mum extent feasible, should not exceed the costs that would
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1 have been incurred if Radio Free Asia had been operated

2 as a Federal entity rather than as a grantee.

3 (2) The Board shall include in the annual report re4 quired by section 304(a)(7) information on the amount of

5 funds expended on administrative and managerial services

6 by each of the broadcasting services operated through the

7 Bureau, directly or by grant, and the steps it has taken

8 to reduce unnecessary overhead costs for each of the broad9 casting services.

10 (f) ASSESSMENT OF THE EFFECTIVENESS OF RADIO

11 FREE ASIA.—Not later than 3 years after the date funds

12 have been provided to RFE/RL, Incorporated, for the pur13 pose of operating Radio Free Asia, the Board, through the

14 Director of the United States Information Agency, shall

15 submit to the appropriate congressional committees a report

16 on—

17 (1) whether Radio Free Asia is technically sound

18 and cost-effective,

19 (2) whether Radio Free Asia consistently meets

20 the standards for quality and objectivity established

21 by law by the United States Information Agency or

22 the Board,

23 (3) whether Radio Free Asia is received by a suf24 ficient audience to warrant its continuation,
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1 (4) the extent to which such broadcasting is al2 ready being received by the target audience from other

3 credible sources; and

4 (5) the extent to which the interest of the United

5 States is being served by maintaining broadcasting of

6 Radio Free Asia.

7 (g) SUNSET PROVISION.—The Board may not make

8 any grant for the purpose of operating Radio Free Asia

9 after September 30, 1998, unless the President of the United

10 States determines in his fiscal year 1999 budget submission

11 that continuation of funding for Radio Free Asia for 1 ad12 ditional year is in the interest of the United States.

13 (h) NOTIFICATION AND CONSULTATION REGARDING

14 DISPLACEMENT OF VOICE OF AMERICA BROADCASTING.—

15 The Board shall notify the appropriate congressional com16 mittees before entering into any agreements for the utiliza17 tion of Voice of America transmitters, equipment, or other

18 resources that will significantly reduce the broadcasting ac19 tivities of the Voice of America in Asia or any other region

20 in order to accommodate the broadcasting activities of

21 Radio Free Asia. The Chairman of the Board shall consult

22 with such committees on the impact of any such reduction

23 in Voice of America broadcasting activities.

24 (i) PRINCIPAL PLACE OF BUSINESS.—Grants may

25 only be made to RFE/RL, Incorporated, if the principal
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1 place of business of Radio Free Asia is within the Washing2 ton, D.C., metropolitan area, unless the Board determines

3 that another location within the United States is necessary

4 to carry out the functions of Radio Free Asia effectively

5 and in a cost-effective manner.

6 SEC. 309. RADIO FREE EUROPE AND RADIO LIBERTY.

7 (a) AUTHORITY.—Grants authorized under section

8 307(a) shall be available to make annual grants for the pur9 pose of carrying out the same functions as were carried out

10 by RFE/RL, Incorporated, before the date of enactment of

11 this Act with respect to Radio Free Europe and Radio Lib12 erty, consistent with section 2 of the Board for Inter13 national Broadcasting Act of 1973, as in effect on such date.

14 (b) GRANT AGREEMENT.—(1) Such grants shall be

15 made pursuant to a grant agreement between the Board and

16 RFE/RL, Incorporated, which requires that grant funds

17 shall only be used for activities which the Board determines

18 are consistent with the purposes of subsection (a) and that

19 RFE/RL, Incorporated, shall otherwise comply with the re20 quirements of this section. Failure to comply with such re21 quirements shall permit the grant to be terminated without

22 fiscal obligation to the United States.

23 (2) The grant agreement shall impose such conditions

24 as the Board determines may be appropriate pursuant to

25 section 304(a)(3) to reduce overlapping language services
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1 and broadcasting service with other broadcasting services

2 operated within the International Broadcasting Bureau.

3 (3) The grant agreement shall require RFE/RL, Incor4 porated, to justify in detail each proposed expenditure of

5 grant funds, and such funds may not be used for any other

6 purpose unless the Board gives its prior written approval.

7 (c) PROHIBITED USES OF GRANT FUNDS.—No grant

8 funds provided under this section may be used—

9 (1) to pay any salary or other compensation, or

10 enter into any contract providing for the payment

11 thereof in excess of the rates established for com12 parable positions under title 5 of the United States

13 Code or the foreign relations laws of the United

14 States, except that no employee may be paid a salary

15 or other compensation in an amount in excess of the

16 rate of pay payable for level IV of the Executive

17 Schedule under section 5315 of title 5, United States

18 Code and that the salary or other compensation limi19 tations provided for in this paragraph shall not be

20 imposed prior to January 1, 1995, with respect to

21 any employee covered by a union agreement requiring

22 a different salary or other compensation;

23 (2) to pay for any activity for the purpose of in24 fluencing the passage or defeat of legislation being

25 considered by Congress;
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1 (3) to enter into a contract or obligation to pay

2 severance payments beyond those required by United

3 States law or the laws of the country where the em4 ployee is stationed;

5 (4) to pay for first class travel for any employee

6 of RFE/RL, Incorporated, or the employee’s relative;

7 or

8 (5) to compensate freelance contractors without

9 the written approval of the Director.

10 (d) REPORT ON MANAGEMENT PRACTICES.—Not later

11 than March 31 and September 30 of each calendar year,

12 the Inspector General of the United States Information

13 Agency shall submit to the Board, the Director of the United

14 States Information Agency, and the Congress a report on

15 management practices of RFE/RL, Incorporated, under this

16 section during the preceding 6-month period. The Inspector

17 General of the United States Information Agency shall es18 tablish a special unit within the Inspector General’s office

19 to monitor and audit the activities of RFE/RL, Incor20 porated, and shall provide for on-site monitoring of such

21 activities.

22 (e) AUDIT AUTHORITY.—(1) Such financial trans23 actions of RFE/RL, Incorporated, as relate to functions car24 ried out under this section may be audited by the General

25 Accounting Office in accordance with such principles and
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1 procedures and under such rules and regulations as may

2 be prescribed by the Comptroller General of the United

3 States. Any such audit shall be conducted at the place or

4 places where accounts of RFE/RL, Incorporated, are nor5 mally kept.

6 (2) The representatives of the General Accounting Of7 fice shall have access to all books, accounts, records, reports,

8 files, and all other papers, things or property belonging to

9 or in use by the private entity pertaining to such financial

10 transactions and necessary to facilitate the audit. Such rep11 resentatives shall be afforded full facilities for verifying

12 transactions with any assets held by depositories, fiscal

13 agents, and custodians. All such books, accounts, records,

14 reports files, papers, and property of RFE/RL, Incor15 porated, shall remain in the possession and custody of RFE/

16 RL, Incorporated.

17 (3) Notwithstanding any other provision of law, the

18 Inspector General of the United States Information Agency

19 is authorized to exercise the authorities of the Inspector

20 General Act of 1978 with respect to RFE/RL, Incorporated.

21 (g) PLAN FOR RELOCATION.—Before relocating the ac22 tivities of RFE/RL, Incorporated, in the Federal Republic

23 of Germany to another site, the Board for International

24 Broadcasting or the Board, if established, shall submit to

25 the Comptroller General of the United States and the appro-
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1 priate congressional committees a detailed plan for such re2 location, including cost estimates. No funds made available

3 under law may be used for such relocation unless explicitly

4 provided in an appropriation Act or pursuant to a

5 reprogramming notification. Any plan developed pursuant

6 to this subsection shall include provisions for relocating the

7 senior administrative and management personnel of RFE/

8 RL, Incorporated, to the geographic area of Washington,

9 D.C., as provided for in section 307(c).

10 (h) REPORTS ON PERSONNEL CLASSIFICATION.—(1)

11 Not later than 3 months after the date of enactment of this

12 Act, the Board for International Broadcasting shall submit

13 a report to the Office of Personnel Management containing

14 a justification, in terms of the types of duties performed

15 at specific rates of salary and other compensation, of the

16 classification of personnel employed by RFE/RL, Incor17 porated.

18 (2) Not later than 9 months after submission of the

19 report referred to in paragraph (1), the Office of Personnel

20 Management shall submit to Congress a report containing

21 an evaluation of the system of personnel classification used

22 by RFE/RL, Incorporated, with respect to its employees.

23 (3) The report submitted by the Office of Personnel

24 Management shall include a comparison of the rates of sal25 ary or other compensation and classifications provided to
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1 employees of RFE/RL, Incorporated, with the rates of sal2 ary or other compensation and classifications of employees

3 of the Voice of America stationed overseas in comparable

4 positions and shall identify any disparities and steps which

5 should be taken to eliminate such disparities.

6 SEC. 310. TRANSITION.

7 (a) AUTHORIZATION.—(1) The President is authorized

8 to direct the transfer of all functions and authorities from

9 the Board for International Broadcasting to the United

10 States Information Agency, the Board, or the Bureau as

11 may be necessary to implement this title.

12 (2)(A) Not later than 120 days after the date of enact13 ment of this Act, the Director of the United States Informa14 tion Agency and the Chairman of the Board for Inter15 national Broadcasting shall jointly prepare and submit to

16 the President for approval and implementation a plan to

17 implement the provisions of this title. Such report shall in18 clude at a minimum a detailed cost analysis to implement

19 fully the recommendations of such plan. Additionally, such

20 plan shall identify all costs in excess of those authorized

21 for such purposes and shall provide that any excess cost

22 to implement such plan shall be derived only from funds

23 authorized in title II, part A, section 201(a)(1) of this Act.

24 (B) The President shall transmit copies of the ap25 proved plan, together with any recommendations for legisla-
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1 tive changes that may be necessary, to the appropriate con2 gressional committees.

3 (b) NEW APPOINTEES.—The Director of the United

4 States Information Agency may assign employees of the

5 Agency for service with RFE/RL, Incorporated, with the

6 concurrence of the president of RFE/RL, Incorporated.

7 Such assignment shall not affect the rights and benefits of

8 such personnel as employees of the United States Informa9 tion Agency.

10 (c) BOARD FOR INTERNATIONAL BROADCASTING PER11 SONNEL.—All Board for International Broadcasting full12 time United States Government personnel (except special

13 Government employees) and part-time United States Gov14 ernment personnel holding permanent positions shall be

15 transferred to the United States Information Agency, the

16 Board, or the Bureau. Such transfer shall not cause any

17 such employee to be separated or reduced in grade or com18 pensation.

19 (d) OTHER AUTHORITIES.—The Director of the United

20 States Information Agency is authorized to utilize the pro21 visions of titles VIII and IX of the United States Informa22 tion and Educational Exchange Act of 1948, and any other

23 authority available to the Director on the date of enactment

24 of this Act, to the extent that the Director deems necessary

25 in carrying out the provisions and purposes of this title.
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1 (e) REPEAL.—The Board for International Broadcast2 ing Act of 1973 (22 U.S.C. 2871, et seq.) is repealed effective

3 September 30, 1995, or the earliest date by which all mem4 bers of the Board are appointed, whichever is later.

5 (f) SAVINGS PROVISIONS.—

6 (1) CONTINUING EFFECT OF LEGAL DOCU7 MENTS.—All orders, determinations, rules, regula8 tions, permits, agreements, grants, contracts, certifi9 cates, licenses, registrations, privileges, and other ad10 ministrative actions—

11 (A) which have been issued, made, granted,

12 or allowed to become effective by the President,

13 any Federal agency or official thereof, or by a

14 court of competent jurisdiction, in the perform15 ance of functions which are transferred under

16 this title; and

17 (B) which are in effect at the time this title

18 takes effect, or were final before the effective date

19 of this title and are to become effective on or

20 after the effective date of this title,

21 shall continue in effect according to their terms until

22 modified, terminated, superseded, set aside, or revoked

23 in accordance with law by the President, the Director

24 of the United States Information Agency or other au-
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1 thorized official, a court of competent jurisdiction, or

2 by operation of law.

3 (2) PROCEEDINGS NOT AFFECTED.—The provi4 sions of this title shall not affect any proceedings

5 pending before the Board for International Broadcast6 ing at the time this title takes effect, with respect to

7 functions transferred by this title, but such proceed8 ings shall be continued. Orders shall be issued in such

9 proceedings, appeals shall be taken therefrom, and

10 payments shall be made pursuant to such orders, as

11 if this title had not been enacted, and orders issued

12 in any such proceedings shall continue in effect until

13 modified, terminated, superseded, or revoked by a

14 duly authorized official, by a court of competent ju15 risdiction, or by operation of law. Nothing in this

16 subsection shall be deemed to prohibit the discontinu17 ance or modification of any such proceeding under

18 the same terms and conditions and to the same extent

19 that such proceeding could have been discontinued or

20 modified if this title had not been enacted.

21 (3) SUITS NOT AFFECTED.—The provisions of

22 this title shall not affect suits commenced before the

23 effective date of this title, and in all such suits, pro24 ceedings shall be had, appeals taken, and judgments
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1 rendered in the same manner and with the same effect

2 as if this title had not been enacted.

3 (4) NONABATEMENT OF ACTIONS.—No suit, ac4 tion, or other proceeding commenced by or against the

5 Board for International Broadcasting or by or

6 against any individual in the official capacity of

7 such individual as an officer of the Board for Inter8 national Broadcasting shall abate by reason of the en9 actment of this title.

10 (5) ADMINISTRATIVE ACTIONS RELATING TO PRO11 MULGATION OF REGULATIONS.—Any administrative

12 action relating to the preparation or promulgation of

13 a regulation by the Board for International Broad14 casting relating to a function transferred under this

15 title may be continued by the United States Informa16 tion Agency with the same effect as if this title had

17 not been enacted.

18 (6) REFERENCES.—A reference in any provision

19 of law, reorganization plan, or other authority to the

20 Associate Director for Broadcasting of the United

21 States Information Agency shall be considered to be

22 a reference to the Director of the International Broad23 casting Bureau of the United States Information

24 Agency.
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1 (7) EFFECT ON OTHER LAWS.—The provisions

2 of, and authorities contained in or transferred pursu3 ant to, this title are not intended to repeal, limit, or

4 otherwise derogate from the authorities or functions of

5 or available to the Director of the United States In6 formation Agency or the Secretary of State under

7 law, reorganization plan, or otherwise, unless such

8 provision hereof—

9 (A) specifically refers to the provision of

10 law or authority existing on the effective date of

11 this title, so affected; or

12 (B) is in direct conflict with such law or

13 authority existing on the effective date of this

14 title.

15 SEC. 311. PRESERVATION OF AMERICAN JOBS.

16 It is the sense of the Congress that the Director of the

17 United States Information Agency and the Chairman of the

18 Board for International Broadcasting should, in developing

19 the plan for consolidation and reorganization of overseas

20 international broadcasting services, limit, to the maximum

21 extent feasible, consistent with the purposes of the consolida22 tion, elimination of any United States-based positions and

23 should affirmatively seek to transfer as many positions as

24 possible to the United States.
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1 SEC. 312. PRIVATIZATION OF RADIO FREE EUROPE AND

2 RADIO LIBERTY.

3 (a) DECLARATION OF POLICY.—It is the sense of the

4 Congress that, in furtherance of the objectives of section 302

5 of this Act, the funding of Radio Free Europe and Radio

6 Liberty should be assumed by the private sector not later

7 than December 31, 1999, and that the funding of Radio

8 Free Europe and Radio Liberty Research Institute should

9 be assumed by the private sector at the earliest possible

10 time.

11 (b) PRESIDENTIAL SUBMISSION.—The President shall

12 submit with his annual budget submission for the Inter13 national Broadcasting Bureau established by section 306

14 of this Act an analysis and recommendations for achieving

15 the objectives of subsection (a).

16 (c) REPORTS ON TRANSFER OF RFE/RL RESEARCH

17 INSTITUTE.—No later than 120 days after the date of enact18 ment of this Act, the Board for International Broadcasting,

19 or the Board, if established, shall submit to the appropriate

20 congressional committees a report on the steps being taken

21 to transfer RFE/RL Research Institute pursuant to sub22 section (a) and shall provide periodic progress reports on

23 such efforts until such transfer has been achieved.

24 SEC. 313. DEFINITIONS.

25 For the purposes of this title—
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1 (1) the term ‘‘appropriate congressional commit2 tees’’ means the Committee on Foreign Relations and

3 the Committee on Appropriations of the Senate and

4 the Committee on Foreign Affairs and the Committee

5 on Appropriations of the House of Representatives;

6 (2) the term ‘‘Director’’ means the Director of the

7 International Broadcasting Bureau, acting through

8 the Office of Surrogate Broadcasting;

9 (3) the term ‘‘RFE/RL, Incorporated’’ in10 cludes—

11 (A) the corporation having the corporate

12 title described in section 307(b)(3); and

13 (B) any alternative grantee described in

14 section 307(e).

15 (4) the term ‘‘salary or other compensation’’ in16 cludes any deferred compensation or pension pay17 ments, any payments for expenses for which the recip18 ient is not obligated to itemize, and any payments for

19 personnel services provided to an employee of RFE/

20 RL, Incorporated.
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1 TITLE IV—COMMISSION ON PRO2 TECTING AND REDUCING

3 GOVERNMENT SECRECY

4 SEC. 401. SHORT TITLE.

5 This title may be cited as the ‘‘Protection and Reduc6 tion of Government Secrecy Act’’.

7 SEC. 402. PURPOSE.

8 It is the purpose of this title to establish for a two

9 year period a Commission on Protecting and Reducing

10 Government Secrecy which will examine the implications

11 of the extensive classification of information and to make

12 recommendations to reduce the volume of information clas13 sified and to thereby strengthen the protection of legiti14 mately classified information.

15 SEC. 403. FINDINGS.

16 The Congress makes the following findings:

17 (1) During the Cold War an extensive secrecy

18 system developed which limited the public’s access to

19 information and reduced the ability of the public to

20 participate with full knowledge in the process of gov21 ernmental decision-making;

22 (2) In 1992 alone 6,349,532 documents were

23 classified and approximately three million persons

24 held some form of security clearance;
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1 (3) The burden of managing more than 6 million

2 newly classified documents every year has led to tre3 mendous administrative expense, reduced communica4 tion within the government and within the scientific

5 community, reduced communication between the gov6 ernment and the people of the United States, and the

7 selective and unauthorized public disclosure of classi8 fied information;

9 (4) It has been estimated that private industries

10 spend over $14 billion per year implementing govern11 ment mandated regulations for protecting classified

12 information;

13 (5) If a smaller amount of truly sensitive infor14 mation was classified the information could be held

15 more securely;

16 (6) In 1970 a Task Force organized by the De17 fense Science Board and headed by Dr. Frederick

18 Seitz concluded that ‘‘more might be gained than lost

19 if our Nation were to adopt—unilaterally, if nec20 essary—a policy of complete openness in all areas of

21 information;’’ and

22 (7) A bipartisan study commission specially con23 stituted for the purpose of examining the consequences

24 of the secrecy system will be able to offer comprehen25 sive proposals for reform.
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1 SEC. 404. FUNCTIONS OF THE COMMISSION.

2 The functions of the Commission shall be—

3 (1) to conduct, for not more than a period of 2

4 years, an investigation into all matters in any way

5 related to any legislation, executive order, regulation,

6 practice, or procedure relating to the access to or the

7 classification of information or involving security

8 clearances; and

9 (2) to make such recommendations concerning

10 the classification of national security information as

11 the Commission shall deem necessary, including pro12 posing new legislation.

13 SEC. 405. COMPOSITION OF THE COMMISSION.

14 (a) ESTABLISHMENT.—To carry out the purposes of

15 this title, there is established a Commission on Protecting

16 and Reducing Government Secrecy (in this title referred to

17 as the ‘‘Commission’’).

18 (b) COMPOSITION.—The Commission shall be composed

19 of twelve members, as follows:

20 (1) Four members appointed by the President,

21 two from the executive branch of the Government and

22 two from private life.

23 (2) Four members appointed by the President of

24 the Senate, two from Members of the Senate (one from

25 each of the two major political parties) and two from

26 private life.
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1 (3) Four members appointed by the Speaker of

2 the House of Representatives, two from Members of

3 the House of Representatives (one from each of the

4 two major political parties) and two from private

5 life.

6 (c) CHAIRMAN AND VICE CHAIRMAN.—The Commis7 sion shall elect a Chairman and a Vice Chairman from

8 among its members.

9 (d) QUORUM; VACANCIES.—Seven members of the

10 Commission shall constitute a quorum. Any vacancy in the

11 Commission shall not affect its powers, but shall be filled

12 in the same manner in which the original appointment was

13 made.

14 (e) COMPENSATION AND TRAVEL EXPENSES.—(1) Ex15 cept as provided in paragraph (2), each member of the Com16 mission may be compensated at not to exceed the daily

17 equivalent of the annual rate of basic pay in effect for a

18 position at level IV of the Executive Schedule under section

19 5315 of title 5, United States Code, for each day during

20 which that member is engaged in the actual performance

21 of the duties of the Commission.

22 (2) Members of the Commission who are full-time offi23 cers or employees of the United States or Members of Con24 gress shall receive no additional pay on account of their

25 service on the Commission.
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1 (3) While away from their homes or regular places of

2 business in the performance of services for the Commission,

3 members of the Commission shall be allowed travel expenses,

4 including per diem in lieu of subsistence, in the same man5 ner as persons employed intermittently in the Government

6 service are allowed expenses under section 5703(b) of title

7 5, United States Code.

8 SEC. 406. POWERS OF THE COMMISSION.

9 (a) IN GENERAL.—The Commission or, on the author10 ization of the Commission, any subcommittee or member

11 thereof, may, for the purpose of carrying out the provisions

12 of this title, hold such hearings and sit and act at such

13 times and places, administer such oaths, and require, by

14 subpena or otherwise, the attendance and testimony of such

15 witnesses and the production of such books, records, cor16 respondence, memoranda, papers, and documents as the

17 Commission or such subcommittee or member may deem ad18 visable. Subpenas may be issued under the signature of the

19 Chairman of the Commission, of any such subcommittee,

20 or any designated member, and may be served by any per21 son designated by such Chairman or member. The provi22 sions of sections 102 through 104 of the Revised Statutes

23 of the United States (2 U.S.C. 192–194) shall apply in the

24 case of any failure of any witness to comply with any sub-
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1 pena or to testify when summoned under authority of this

2 section.

3 (b) COOPERATION WITH OTHER AGENCIES.—The

4 Commission is authorized to secure directly from any execu5 tive department, bureau, agency, board, commission, office,

6 independent establishment, or instrumentality of the Gov7 ernment information, suggestions, estimates, and statistics

8 for the purposes of this title. Each such department, bureau,

9 agency, board, commission, office, establishment, or instru10 mentality shall, to the extent authorized by law, furnish

11 such information, suggestions, estimates, and statistics di12 rectly to the Commission, upon request made by the Chair13 man or Vice Chairman.

14 SEC. 407. STAFF OF THE COMMISSION.

15 (a) IN GENERAL.—The Commission shall have power

16 to appoint and fix the compensation of such personnel as

17 it deems advisable, without regard to the provisions of title

18 5, United States Code, governing appointments in the com19 petitive service, and without regard to the provisions of

20 chapter 51 and subchapter III of chapter 53 of such title

21 relating to classification and General Schedule pay rates.

22 (b) CONSULTANT SERVICES.—The Commission is au23 thorized to procure the services of experts and consultants

24 in accordance with section 3109 of title 5, United States

25 Code, but at rates not to exceed the daily rate paid a person
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1 occupying a position at level IV of the Executive Schedule

2 under section 5315 of title 5, United States Code.

3 SEC. 408. FINAL REPORT OF COMMISSION; TERMINATION.

4 (a) FINAL REPORT.—Not later than two years after

5 the date of enactment of this title, the Commission shall

6 submit to the President and to the Congress its final report

7 and recommendations.

8 (b) TERMINATION.—The Commission, and all the au9 thorities of this title, shall terminate two years after the

10 date of enactment of this Act, or upon the submission of

11 the final report and recommendations in accordance with

12 subsection (a), whichever comes first.

13 TITLE V—SPOILS OF WAR ACT OF

14 1993

15 SEC. 501. SHORT TITLE.

16 This title may be cited as the ‘‘Spoils of War Act of

17 1993’’.

18 SEC. 502. TRANSFERS OF SPOILS OF WAR.

19 (a) ELIGIBILITY FOR TRANSFER.—Spoils of war in the

20 possession, custody, or control of the United States may be

21 transferred to any other party, including any government,

22 group, or person, by sale, grant, loan or in any other man23 ner, only to the extent and in the same manner that prop24 erty of the same type, if otherwise owned by the United

25 States, may be so transferred.
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1 (b) TERMS AND CONDITIONS.—Any transfer pursuant

2 to subsection (a) shall be subject to all of the terms, condi3 tions, and requirements applicable to the transfer of prop4 erty of the same type otherwise owned by the United States.

5 SEC. 503. PROHIBITION ON TRANSFERS TO COUNTRIES

6 WHICH SUPPORT TERRORISM.

7 Spoils of war in the possession, custody, or control of

8 the United States may not be transferred to any country

9 determined by the Secretary of State, for purposes of section

10 40 of the Arms Export Control Act, to be a nation whose

11 government has repeatedly provided support for acts of

12 international terrorism.

13 SEC. 504. REPORT ON PREVIOUS TRANSFERS.

14 Not later than 90 days after the date of enactment of

15 this Act, the President shall submit to the appropriate con16 gressional committees a report describing any spoils of war

17 obtained subsequent to August 2, 1990 that were transferred

18 to any party, including any government, group, or person,

19 before the date of enactment of this Act. Such report shall

20 be submitted in unclassified form to the extent possible.

21 SEC. 505. DEFINITIONS.

22 As used in this title—

23 (1) the term ‘‘appropriate congressional commit24 tees’’ means the Committee on Foreign Relations of

25 the Senate and the Committee on Foreign Affairs of
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1 the House of Representatives, or, where required by

2 law for certain reporting purposes, the Select Com3 mittee on Intelligence of the Senate and the Select

4 Committee on Intelligence of the House of Representa5 tives;

6 (2) the term ‘‘enemy’’ means any country, gov7 ernment, group, or person that has been engaged in

8 hostilities, whether or not lawfully authorized, with

9 the United States;

10 (3) the term ‘‘person’’ means—

11 (A) any natural person;

12 (B) any corporation, partnership, or other

13 legal entity; and

14 (C) any organization, association, or group;

15 and

16 (4) the term ‘‘spoils of war’’ means enemy mov17 able property lawfully captured, seized, confiscated, or

18 found which has become United States property in

19 accordance with the laws of war.

20 SEC. 506. CONSTRUCTION.

21 Nothing in this title shall apply to—

22 (1) the abandonment or failure to take possession

23 of spoils of war by troops in the field for valid mili24 tary reasons related to the conduct of the immediate

25 conflict, including the burden of transporting such
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1 property or a decision to allow allied forces to take

2 immediate possession of certain property solely for

3 use during an ongoing conflict;

4 (2) the abandonment or return of any property

5 obtained, borrowed, or requisitioned for temporary

6 use during military operations without intent to re7 tain possession of such property;

8 (3) the destruction of spoils of war by troops in

9 the field;

10 (4) the return of spoils of war to previous owners

11 from whom such property had been seized by enemy

12 forces; or

13 (5) minor articles of personal property which

14 have lawfully become the property of individual mem15 bers of the armed forces as war trophies pursuant to

16 public written authorization from the Department of

17 Defense.

18 TITLE VI—THE KHMER ROUGE

19 PROSECUTION AND EXCLU20 SION ACT

21 SEC. 601. SHORT TITLE.

22 This title may be cited as the ‘‘Khmer Rouge Prosecu23 tion and Exclusion Act’’.

24 SEC. 602. POLICY.

25 The Congress urges the President—
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1 (1) promptly and actively to assist appropriate

2 organizations to collect relevant data on crimes

3 against humanity committed by the Khmer Rouge in

4 Cambodia between April 17, 1975 and January 7,

5 1979;

6 (2) to carry out paragraph (1) consistent with

7 the Agreement on a Comprehensive Political Settle8 ment of the Cambodia Conflict, signed at Paris on

9 October 23, 1991; and

10 (3) to promote vigorously the establishment of a

11 national or international criminal tribunal for the

12 prosecution of those accused of genocide in Cambodia.

13 SEC. 603. ESTABLISHMENT OF STATE DEPARTMENT OFFICE.

14 (a) ESTABLISHMENT.—(1) There is established within

15 the Department of State the Office of Cambodian Genocide

16 Investigation (hereafter in this Act referred to as the ‘‘Of17 fice’’).

18 (2) The Office shall carry out its operations solely

19 within Cambodia.

20 (3) The Secretary of State shall designate an officer

21 or employee of the Department of State to serve as Director

22 of the Office.

23 (b) ADMINISTRATION.—(1) The Assistant Secretary of

24 State for East Asian and Pacific Affairs (or any successor

25 Assistant Secretary) shall administer the Office.
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1 (2) The Secretary of State shall make available to the

2 Office such personnel and office space in Cambodia as the

3 Office may require.

4 (c) PURPOSE.—The purpose of the Office shall be—

5 (1) to investigate crimes against humanity com6 mitted by national Khmer Rouge leaders in the pe7 riod beginning on April 17, 1975 and ending Janu8 ary 7, 1979;

9 (2) to provide the people of Cambodia with ac10 cess to documents, records, and other evidence held by

11 the Office as a result of such investigation;

12 (3) to submit the relevant data to a national or

13 international penal tribunal that may be convened to

14 formally hear and judge the genocidal acts committed

15 by the Khmer Rouge; and

16 (4) to develop the United States proposal for the

17 establishment of an international criminal tribunal

18 for the prosecution of those accused of genocide in

19 Cambodia.

20 SEC. 604. REPORTING REQUIREMENT.

21 (a) IN GENERAL.—Beginning 6 months after the date

22 of enactment of this Act, and every 6 months thereafter, the

23 President shall submit a report to the appropriate congres24 sional committees—
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1 (1) that describes the activities of the Office, and

2 sets forth new facts learned about past Khmer Rouge

3 practices, during the preceding 6-month period; and

4 (2) that describes the steps the President has

5 taken during the preceding 6-month period to pro6 mote human rights, to support efforts to bring to jus7 tice the national political and military leadership of

8 the Khmer Rouge, and to prevent the recurrence of

9 human rights abuses in Cambodia through actions—

10 (A) which are not related to United Nations

11 activities in Cambodia; and

12 (B) which are consistent with Article 15 of

13 the Agreement on a Comprehensive Political Set14 tlement of the Cambodia Conflict, signed at

15 Paris on October 23, 1991.

16 (b) DEFINITION.—For purposes of this section, the

17 term ‘‘appropriate congressional committees’’ means the

18 Committee on Foreign Relations of the Senate and the Com19 mittee on Foreign Affairs of the House of Representatives.

20 SEC. 605. EXCLUSION FROM THE UNITED STATES.

21 (a) AMENDMENT TO THE IMMIGRATION AND NATION22 ALITY ACT.—Section 212(a) of the Immigration and Na23 tionality Act (8 U.S.C. 1182(a)) is amended by adding at

24 the end thereof the following new paragraph:
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1 ‘‘(10)(A) Any alien, who, at any time during the

2 period beginning on April 17, 1975, and ending on

3 January 7, 1979, was a member of the national mili4 tary or political leadership of the Khmer Rouge, is ex5 cluded.

6 ‘‘(B) For purposes of this paragraph, the na7 tional military and political leadership of the Khmer

8 Rouge includes, but is not limited to, the following

9 persons: Pol Pot, Khieu Samphan, Son Sen, Ieng

10 Sary, Nuon Chea, Ke Pauk, Mok, Ieng Thirith, and

11 Yun Yat.’’.

12 (b) POLICY REGARDING ADMISSION TO FOREIGN

13 COUNTRIES.—The Congress urges the President to encour14 age foreign governments similarly to exclude from their

15 countries former and present Khmer Rouge leaders de16 scribed in section 212(a)(10) of the Immigration and Na17 tionality Act.

18 TITLE VII—MISCELLANEOUS

19 SEC. 701. PEACE CORPS.

20 There are authorized to be appropriated $219,745,000

21 for the fiscal year 1994 and $234,745,000 for the fiscal year

22 1995 to carry out the Peace Corps Act.
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1 SEC. 702. REPORTING REQUIREMENTS ON OCCUPIED

2 TIBET.

3 (a) REPORT ON UNITED STATES-TIBET RELATIONS.—

4 Because Congress has determined that Tibet is an occupied

5 sovereign country under international law and that its true

6 representatives are the Dalai Lama and the Tibetan Gov7 ernment-in-Exile:

8 (1) it is the sense of the Congress that the United

9 States should seek to establish a dialog with the Dalai

10 Lama and the Tibetan Government-in-Exile concern11 ing the situation in Tibet and the future of the Ti12 betan people and to expand and strengthen United

13 States-Tibet cultural and educational relations, in14 cluding promoting bilateral exchanges arranged di15 rectly with the Tibetan Government-in-Exile; and

16 (2) not later than 6 months after the date of en17 actment of this Act, and every 12 months thereafter,

18 the Secretary of State shall transmit to the Chairman

19 of the Committee on Foreign Relations and the

20 Speaker of the House of Representatives a report on

21 the state of United States-Tibetan Government-in22 Exile relations and on conditions in Tibet.

23 (b) SEPARATE TIBET REPORTS.—(1) Whenever a re24 port is transmitted to the Congress on a country-by-country

25 basis there shall be included in such report, where applica-
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1 ble, a separate report on Tibet listed alphabetically with

2 its own state heading.

3 (2) The reports referred to in paragraph (1) include,

4 but are not limited to, reports transmitted under sections

5 116(d) and 502B(b) of the Foreign Assistance Act of 1961

6 (relating to human rights).

7 SEC. 703. POLICY ON MIDDLE EAST ARMS SALES.

8 (a) BOYCOTT OF ISRAEL.—Section 322 of the Foreign

9 Relations Authorization Act, Fiscal Years 1992 and 1993

10 (Public Law 102–138) is amended—

11 (1) in paragraph (2), by striking ‘‘and’’ at the

12 end; and

13 (2) in paragraph (3)—

14 (A) by striking ‘‘and’’ at the end of sub15 paragraph (A);

16 (B) by striking the period at the end of sub17 paragraph (B) and inserting ‘‘; and’’; and

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

19 subparagraph:

20 ‘‘(C) does not participate in the Arab

21 League primary or secondary boycott of Israel.’’.

22 (b) REPORT TO CONGRESS.—Not later than 180 days

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

24 of State shall submit to the Speaker of the House of Rep25 resentatives and the Chairman of the Committee on Foreign
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1 Relations of the Senate a report concerning steps taken to

2 ensure that the goals of section 322 of the Foreign Relations

3 Authorization Act, Fiscal Years 1992 and 1993 (Public

4 Law 102–138) are being met.

5 SEC. 704. PROVIDING MATERIAL SUPPORT TO TERRORISTS.

6 (a) OFFENSE.—Chapter 113A of title 18, United

7 States Code, is amended by adding at the end the following

8 new section:

9 ‘‘SEC. 2339. PROVIDING MATERIAL SUPPORT TO TERROR10 ISTS.

11 ‘‘Whoever, within the United States, provides material

12 support or resources or conceals or disguises the nature, lo13 cation, source, or ownership of material support or re14 sources, knowing or intending that they are to be used in

15 preparation for, or in carrying out, a violation of section

16 32, 36, 351, 844 (f) or (i), 1114, 1116, 1203, 1361, 1363,

17 1751, 2280, 2281, 2332, or 2339A of this title or section

18 902(i) of the Federal Aviation Act of 1958 (49 U.S.C. App.

19 1472(i)), or in preparation for, or carrying out, the conceal20 ment or an escape from the commission of any of the fore21 going, shall be fined under this title, imprisoned not more

22 than 10 years, or both. For purposes of this section, the term

23 ‘material support or resources’ includes currency or other

24 financial securities, financial services, lodging, training,

25 safehouses, false documentation or identification, commu-
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1 nications equipment, facilities, weapons, lethal substances,

2 explosives, personnel, transportation, and other physical as3 sets, but does not include humanitarian assistance to per4 sons not directly involved in such violations.’’.

5 (b) TECHNICAL AMENDMENT.—The chapter analysis

6 for chapter 113A of title 18, United States Code, as amend7 ed by section 601(b)(1), is amended by adding at the end

8 the following new item:

‘‘2339. Providing material support to terrorists.’’.

9 SEC. 705. TORTURE CONVENTION IMPLEMENTATION.

10 (a) IN GENERAL.—Part I of title 18, United States

11 Code, is amended by inserting after chapter 113A the fol12 lowing new chapter:

‘‘CHAPTER 113B—TORTURE

‘‘Sec.

‘‘2340. Definitions.

‘‘2340A. Torture.

‘‘2340B. Exclusive remedies.

13 ‘‘SEC. 2340. DEFINITIONS.

14 ‘‘As used in this chapter—

15 ‘‘(1) ‘torture’ means an act committed by a per16 son acting under the color of law specifically intended

17 to inflict severe physical or mental pain or suffering

18 (other than pain or suffering incidental to lawful

19 sanctions) upon another person with custody or phys20 ical control;

21 ‘‘(2) ‘severe mental pain or suffering’ means the

22 prolonged mental harm caused by or resulting from—
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1 ‘‘(A) the intentional infliction or threatened

2 infliction of severe physical pain or suffering;

3 ‘‘(B) the administration or application, or

4 threatened administration or application, of

5 mind-altering substances or other procedures cal6 culated to disrupt profoundly the senses or the

7 personality;

8 ‘‘(C) the threat of imminent death; or

9 ‘‘(D) the threat that another person will im10 minently be subjected to death, severe physical

11 pain or suffering, or the administration or ap12 plication of mind-altering substances or other

13 procedures calculated to disrupt profoundly the

14 senses or personality; and

15 ‘‘(3) ‘United States’ includes all areas under the

16 jurisdiction of the United States including any of the

17 places described in sections 5 and 7 of this title and

18 section 101(38) of the Federal Aviation Act of 1958

19 (49 U.S.C. App. 1301(38)).

20 ‘‘SEC. 2340A. TORTURE.

21 ‘‘(a) OFFENSE.—Whoever outside the United States

22 commits or attempts to commit torture shall be fined under

23 this title or imprisoned not more than 20 years, or both,

24 and if death results to any person from conduct prohibited
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1 by this subsection, shall be imprisoned for any term of years

2 or for life.

3 ‘‘(b) JURISDICTION.—There is jurisdiction over the ac4 tivity prohibited in subsection (a) if—

5 ‘‘(1) the alleged offender is a national of the

6 United States; or

7 ‘‘(2) the alleged offender is present in the United

8 States, irrespective of the nationality of the victim or

9 alleged offender.

10 ‘‘SEC. 2340B. EXCLUSIVE REMEDIES.

11 ‘‘Nothing in this chapter shall be construed as preclud12 ing the application of State or local laws on the same sub13 ject, nor shall anything in this chapter be construed as cre14 ating any substantive or procedural right enforceable by

15 law by any party in any civil proceeding.’’.

16 (b) TECHNICAL AMENDMENT.—The part analysis for

17 part I of title 18, United States Code, is amended by insert18 ing after the item relating to chapter 113A the following

19 new item:

‘‘113B. Torture ........................................................................................... 2340.’’.

20 (c) EFFECTIVE DATE.—The amendments made by this

21 section shall take effect on the later of—

22 (1) the date of enactment of this Act; or

23 (2) the date on which the United States has be24 come a party to the Convention Against Torture and
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1 Other Cruel, Inhuman or Degrading Treatment or

2 Punishment.

3 SEC. 706. APPLICABILITY OF TAIWAN RELATIONS ACT.

4 Section 3 of the Taiwan Relations Act (22 U.S.C.

5 3301) is amended by adding at the end the following new

6 subsection:

7 ‘‘(d) The provisions of subsections (a) and (b) of this

8 section shall supersede any provision of the August 17,

9 1982, Joint United States-China Communique related to

10 these matters and regulations, directives, and policies based

11 thereon.’’.

12 SEC. 707. REPORTS ON RELATIONS WITH TAIWAN.

13 Section 12 of the Taiwan Relations Act (22 U.S.C.

14 3311(d)) is amended by adding at the end the following

15 new subsection:

16 ‘‘(d) Beginning February 1, 1994, and on February

17 1 of each year thereafter, the Secretary of State shall trans18 mit to the Speaker of the House of Representatives and the

19 Committee on Foreign Relations of the Senate a report de20 scribing and reviewing economic relations between the

21 United States and Taiwan.’’.

22 SEC. 708. UNITED STATES POLICY CONCERNING IRAQI

23 KURDISTAN.

24 (a) FINDINGS.—The Congress finds that—
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1 (1) the international community, pursuant to

2 United Nations Security Council Resolution 688, and

3 with the continuation of Operation Provide Comfort,

4 supports the protection of Iraqi’s Kurdish and other

5 ethnic and religious minorities;

6 (2) notwithstanding the international commu7 nity’s resolve, certain areas of Iraqi Kurdistan re8 main at risk of an Iraqi invasion;

9 (3) despite the threat of an Iraqi invasion, the

10 Kurds, along with other minority ethnic and religious

11 groups, have initiated a drive toward self-sufficiency,

12 including—

13 (A) holding free and fair democratic elec14 tions to establish a parliament, which supports

15 Iraq’s territorial integrity and the transition to

16 a unified, democratic Iraq;

17 (B) planning for and administering public

18 services;

19 (C) reconstructing and rehabilitating the

20 basic infrastructure of Iraqi Kurdistan; and

21 (D) establishing unified police and security

22 forces;

23 (4) despite the provision of substantial inter24 national humanitarian assistance, and despite the

25 fact that the United Nations blockade on Iraq con-
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1 tains exceptions for humanitarian-related items, the

2 inhabitants of Iraqi Kurdistan still face difficulties

3 because of an internal Iraqi government blockade; and

4 (5) the Kurds and other ethnic and religious mi5 norities, with appropriate additional support, would

6 have the ability to meet their goal of self-sufficiency

7 and move beyond the need for international assist8 ance.

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

10 President should—

11 (1) take steps to encourage the United Nations

12 Security Council—

13 (A) to reaffirm support for the protection of

14 all Iraqi Kurdish and other minorities in Iraqi

15 Kurdistan pursuant to Security Council Resolu16 tion 688; and

17 (B) to consider lifting selectively the United

18 Nations embargo on the areas under the admin19 istration of the democratically elected leadership

20 of Iraqi Kurdistan, subject to the verifiable con21 ditions that—

22 (i) the inhabitants of such areas do not

23 conduct trade with the Iraqi regime; and

24 (ii) the partial lifting of the embargo

25 will not materially assist the Iraqi regime;
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1 (2) continue to advocate the transition to a uni2 fied, democratic Iraq;

3 (3) take steps to design a multilateral assistance

4 program for the people of Iraqi Kurdistan that sup5 ports their efforts to attain self-sufficiency through the

6 provision of—

7 (A) financial and technical assistance

8 through the democratically elected Kurdish ad9 ministration to enable the exploitation of natu10 ral resources such as oil; and

11 (B) financial assistance to support the le12 gitimate self-defense and security needs of the

13 people of Iraqi Kurdistan; and

14 (4) take steps to intensify discussions with the

15 Government of Turkey, whose support and coopera16 tion in the protection of the people of Iraqi Kurdistan

17 is critical, to ensure that the stability of both Turkey

18 and the entire region is enhanced by the measures

19 taken under this section.

20 SEC. 709. ADDITIONAL SANCTIONS AGAINST NORTH KOREA.

21 (a) IN GENERAL.—Notwithstanding any other provi22 sion of law, no license, instruction, rule, regulation, or order

23 issued under section 5 of the Trading With the Enemy Act

24 of 1917 (50 U.S.C. App. 5) may—
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1 (1) authorize any transaction involving the com2 mercial sale of any good or technology to North

3 Korea; or

4 (2) authorize any transaction involving the pro5 vision of services for travel to North Korea which was

6 not otherwise authorized as of January 2, 1989.

7 (b) WAIVER.—The President may waive the applica8 tion of subsection (a) if the President determines that such

9 a waiver would serve the national interest.

10 SEC. 710. WAIVER OF SANCTIONS WITH RESPECT TO THE

11 REPUBLIC OF SERBIA AND THE REPUBLIC OF

12 MONTENEGRO TO PROMOTE DEMOCRACY

13 ABROAD.

14 (a) AUTHORITY.—Notwithstanding any other provi15 sion of law, the President is authorized and encouraged to

16 exempt from sanctions imposed against the Republic of Ser17 bia and the Republic of Montenegro those United States18 supported programs, projects, or activities involving reform

19 of the electoral process, or the development of democratic

20 institutions or democratic political parties, in these two

21 countries.

22 (b) POLICY.—The President, acting through the United

23 States Permanent Representative to the United Nations,

24 should propose that any action, past or future, by the Secu25 rity Council pursuant to Article 41 of the United Nations
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1 Charter, with respect to the Republic of Serbia or the Re2 public of Montenegro, should take account of the exemption

3 described in subsection (a).

4 SEC. 711. CLAIMS BASED ON LETTERS OF CREDIT FOR

5 GOODS SHIPPED BUT NOT PAID FOR BEFORE

6 IMPOSITION OF NATIONAL EMERGENCY.

7 Title I of the International Claims Settlement Act of

8 1949 (22 U.S.C. 1621 et seq.) is amended by adding at the

9 end the following new section:

10 ‘‘SEC. 10. Notwithstanding any other provision of law,

11 funds on deposit in United States banks that have been

12 blocked under the International Emergency Economic Pow13 ers Act in accounts of foreign banks that issued or con14 firmed letters of credit for the benefit of United States na15 tionals may be released to pay such letters of credit if the

16 United States beneficiaries lawfully shipped goods or other17 wise performed underlying contractual obligations based on

18 such letters of credit before the declaration of a national

19 emergency pursuant to that Act.’’.

20 SEC. 712. ENFORCEMENT OF NONPROLIFERATION TREA21 TIES.

22 (a) POLICY.—It is the sense of the Congress that the

23 President should instruct the United States Permanent

24 Representative to the United Nations to enhance the role

25 of that institution in the enforcement of nonproliferation
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1 treaties through the passage of a United Nations Security

2 Council resolution which would state that, any non-nuclear

3 weapon state that is found by the United Nations Security

4 Council, in consultation with the International Atomic En5 ergy Agency (IAEA), to have terminated, abrogated, or ma6 terially violated an IAEA full-scope safeguards agreement

7 would be subjected to international economic sanctions, the

8 scope of which to be determined by the United Nations Secu9 rity Council.

10 (b) PROHIBITION.—Notwithstanding any other provi11 sion of law, no United States assistance, under the Foreign

12 Assistance Act of 1961 shall be provided to any non-nuclear

13 weapon state that is found by the President to have termi14 nated, abrogated, or materially violated an IAEA full-scope

15 safeguard agreement or materially violated a bilateral

16 United States nuclear cooperation agreement entered into

17 after the date of enactment of the Nuclear Non-Proliferation

18 Act of 1978.

19 SEC. 713. SENSE OF SENATE ON THE PEACE PROCESS IN

20 NORTHERN IRELAND.

21 (a) FINDINGS.—The Senate makes the following find22 ings:

23 (1) The people of Northern Ireland, Ireland, and

24 Great Britain earnestly seek a peaceful end to a con-
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1 flict in the North of Ireland which has caused more

2 than 3,000 deaths since 1969.

3 (2) The people of the United States, many of

4 whom share a common ancestry and cultural roots

5 with the people of Northern Ireland, Ireland, and

6 Great Britain, are deeply concerned about the con7 tinuing conflict and desire to facilitate an early reso8 lution to the conflict.

9 (3) In 1993, John Hume, head of the Social

10 Democratic and Labour Party and Gerry Adams,

11 President of Sinn Fein, conducted talks on the con12 flict.

13 (4) These talks were a significant contribution to

14 a climate encouraging peace in the North of Ireland.

15 (5) The Government of the United Kingdom and

16 the Government of Ireland have held talks on North17 ern Ireland culminating in the Joint Declaration is18 sued by the two governments on December 15, which

19 declaration offers a framework for lasting peace in the

20 region.

21 (b) SENSE OF SENATE.—It is the sense of the Senate

22 that the United States should strongly encourage all parties

23 to the conflict in the North of Ireland to renounce violence

24 and to participate in the current search for peace in the

25 region.
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1 SEC. 714. CONTROL OF REEXPORTS TO TERRORIST COUN2 TRIES.

3 Section 6(j) of the Export Administration Act of 1979

4 (50 U.S.C. App. 2405(j)) is amended by adding at the end

5 the following new paragraphs:

6 ‘‘(5) Upon the request of the chairman or ranking mi7 nority member of the Committee on Foreign Relations or

8 the Committee on Banking, Housing and Urban Affairs of

9 the Senate or the Committee on Foreign Affairs or the Com10 mittee on Banking, Finance and Urban Affairs of the

11 House of Representatives, the President shall include in the

12 notification required by paragraph (2)—

13 ‘‘(A) a detailed description of the goods or serv14 ices to be offered, including a brief description of the

15 capabilities of any article for which a license to ex16 port is sought;

17 ‘‘(B) an evaluation, prepared by the Director of

18 the Arms Control and Disarmament Agency, in con19 sultation with the Secretary of State and the Sec20 retary of Defense, of the manner, if any, in which the

21 proposed export would—

22 ‘‘(i) contribute to an arms race;

23 ‘‘(ii) support international terrorism;

24 ‘‘(iii) increase the possibility of an outbreak

25 or escalation of conflict;
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1 ‘‘(iv) prejudice the negotiation of any arms

2 controls; or

3 ‘‘(v) adversely affect the arms control policy

4 of the United States;

5 ‘‘(C) the reasons why the foreign country or

6 international organization to which the export or

7 transfer is proposed to be made needs the goods or

8 services which are the subject of such export or trans9 fer and a description of the manner in which such

10 country or organization intends to use such articles,

11 services, or design and construction services;

12 ‘‘(D) the reasons why the proposed export or

13 transfer is in the national interest of the United

14 States;

15 ‘‘(E) an analysis by the President of the impact

16 of the proposed export or transfer on the military ca17 pabilities of the foreign country or international orga18 nization to which such export or transfer would be

19 made;

20 ‘‘(F) an analysis by the President of the manner

21 in which the proposed export would affect the relative

22 military strengths of countries in the region to which

23 the goods or services which are the subject of such ex24 port would be delivered and whether other countries
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1 in the region have comparable kinds and amounts of

2 articles, services, or design and construction services;

3 ‘‘(G) an analysis of the impact of the proposed

4 export or transfer on the United States relations with

5 the countries in the region to which the goods or serv6 ices which are the subject of such export would be de7 livered;

8 ‘‘(H) the projected delivery dates of the goods or

9 services to be offered; and

10 ‘‘(I) a detailed description of weapons and levels

11 of munitions that may be required as support for the

12 proposed export.

13 ‘‘(6) If the Congress within 30 calendar days after re14 ceiving a notification under paragraph (2) enacts a joint

15 resolution prohibiting the proposed export, then no license

16 may be issued, unless the President states in his notification

17 that an emergency exists which requires such export in the

18 national security interest of the United States. If the Presi19 dent so states that an emergency exists, he shall set forth

20 in the notification a detailed justification for his deter21 mination, including a description of the emergency cir22 cumstances which necessitate the immediate issuance of the

23 license and a discussion of the national security interest

24 involved.
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1 ‘‘(7)(A) Any joint resolution under this subsection

2 shall be considered in the Senate in accordance with the

3 provisions of section 601(b) of the International Security

4 Assistance and Arms Export Control Act of 1976.

5 ‘‘(B) For the purpose of expediting the consideration

6 and enactment of joint resolutions under this subsection, a

7 motion to proceed to the consideration of any such joint

8 resolution after it has been reported by the appropriate

9 committee shall be treated as highly privileged in the House

10 of Representatives.

11 ‘‘(8) For purposes of this section, the terms ‘export’

12 and ‘transfer’ shall include any reexport, third party trans13 fer or other consignment of United States-origin goods or

14 services.’’.

15 SEC. 715. REPORTS UNDER THE ARMS EXPORT CONTROL

16 ACT.

17 (a) QUARTERLY REPORTS.—Section 36(a) of the Arms

18 Export Control Act (22 U.S.C. 2776(a)) is amended—

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

20 (10);

21 (2) by striking the period at the end of para22 graph (11) and inserting ‘‘; and’’; and

23 (3) by adding at the end the following new para24 graph:
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1 ‘‘(12) a listing of all offset agreements proposed

2 to be entered into in connection with the sale of any

3 defense article or defense service.’’.

4 (b) NUMBERED CERTIFICATIONS WITH RESPECT TO

5 GOVERNMENT-TO-GOVERNMENT SALES.—Section 36(b)(1)

6 of the Arms Export Control Act (22 U.S.C. 2776(b)(1)) is

7 amended after the second sentence by inserting the following

8 new sentence: ‘‘Each such numbered certification shall con9 tain a description of any offset agreement proposed to be

10 entered into in connection with such letter of offer to sell.’’.

11 (c) NUMBERED CERTIFICATIONS WITH RESPECT TO

12 COMMERCIAL EXPORTS.—Section 36(c)(1) of the Arms Ex13 port Control Act (22 U.S.C. 2776(c)(1)) is amended after

14 the first sentence by inserting the following new sentence:

15 ‘‘Each such numbered certification shall also contain a de16 scription of any offset agreement proposed to be entered into

17 in connection with such export.’’.

18 (d) DEFINITIONS.—Section 36 of the Arms Export

19 Control Act (22 U.S.C. 2776) is amended by adding at the

20 end the following:

21 ‘‘(e) For purposes of this section—

22 ‘‘(1) the term ‘offset agreement’ means an agree23 ment, arrangement, or understanding between a Unit24 ed States supplier of defense articles or defense serv25 ices and a foreign country under which the supplier
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1 agrees to purchase or acquire, or to promote the pur2 chase or acquisition by other United States persons

3 of, goods or services produced, manufactured, grown,

4 or extracted, in whole or in part, in that foreign

5 country in consideration for the purchase by the for6 eign country of defense articles or defense service from

7 the supplier; and

8 ‘‘(2) the term ‘United States person’ means—

9 ‘‘(A) an individual who is a national or

10 permanent resident alien of the United States;

11 ‘‘(B) any corporation, business association,

12 partnership, trust, or other juridical entity—

13 ‘‘(i) organized under the laws of the

14 United States or any State, district, terri15 tory, or possession thereof; or

16 ‘‘(ii) owned or controlled in fact by in17 dividuals described in subparagraph (A);

18 and

19 ‘‘(C) the United States Government or any

20 agency or instrumentality thereof.’’.
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1 SEC. 716. PROHIBITION ON THIRD PARTY INCENTIVE PAY2 MENTS UNDER THE ARMS EXPORT CONTROL

3 ACT.

4 Section 39 of the Arms Export Control Act (22 U.S.C.

5 2779) is amended by adding at the end the following new

6 subsection:

7 ‘‘(e)(1) No sale may be made, no credits may be ex8 tended, no guarantees may be issued, and no licenses may

9 be approved under this Act with respect to the sale of any

10 defense article or defense service to a foreign country unless

11 the United States supplier of such articles or services first

12 certifies that neither the supplier nor any employee, agent,

13 or subcontractor thereof will make any third-party incen14 tive payments for the purpose of satisfying, in whole or in

15 part, any offset agreement with that country.

16 ‘‘(2) For purposes of this subsection—

17 ‘‘(A) the term ‘offset agreement’ means an agree18 ment, arrangement, or understanding between a Unit19 ed States supplier of defense articles or defense serv20 ices and a foreign country under which the supplier

21 agrees to purchase or acquire, or to promote the pur22 chase or acquisition by other United States persons

23 of, goods or services produced, manufactured, grown,

24 or extracted, in whole or in part, in that foreign

25 country in consideration for the purchase by the for-
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1 eign country of defense articles or defense services

2 from the supplier;

3 ‘‘(B) the term ‘third-party incentive payments’

4 means cash incentives, fees, or compensation of any

5 kind made by a United States supplier of defense ar6 ticles or defense services or by any employee, agent,

7 or subcontractor thereof to any other United States

8 person to induce that United States person to pur9 chase or acquire goods or services produced, manufac10 tured, grown, or extracted, in whole or in part, in the

11 foreign country which is purchasing those defense ar12 ticles or services; and

13 ‘‘(C) the term ‘United States person’ means—

14 ‘‘(i) an individual who is a national or per15 manent resident alien of the United States;

16 ‘‘(ii) any corporation, business association,

17 partnership, trust, or other juridical entity—

18 ‘‘(I) organized under the laws of the

19 United States or any State, district, terri20 tory, or possession thereof; or

21 ‘‘(II) owned or controlled in fact by in22 dividuals described in subparagraph (A);

23 and

24 ‘‘(iii) the United States Government or any

25 agency or instrumentality thereof.’’.
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1 SEC. 717. SENSE OF SENATE ON UNITED STATES POLICY ON

2 NUCLEAR WEAPONS PROLIFERATION BY

3 NORTH KOREA.

4 (a) FINDINGS.—The Senate makes the following find5 ings:

6 (1) North Korea is a signatory to the Treaty on

7 the Non-Proliferation of Nuclear Weapons.

8 (2) The International Atomic Energy Agency is

9 charged with ensuring that signatories to that treaty

10 meet their obligations under the treaty.

11 (3) The agency fulfills that mission principally

12 by inspections of nuclear facilities and by other legiti13 mate means necessary to ensure that signatories are

14 in compliance with the terms and obligations of the

15 treaty.

16 (4) North Korea is the location of seven declared

17 nuclear sites whose inspection is provided for under

18 the terms of the treaty.

19 (5) The International Atomic Energy Agency

20 suspects that North Korea is also the site of at least

21 two additional undeclared nuclear sites at which liq22 uid and solid nuclear waste is being stored.

23 (6) Inspection of the undeclared nuclear sites is

24 necessary to ensure the compliance of North Korea

25 with the terms of the treaty.
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1 (7) The Government of North Korea is attempt2 ing to place significant restrictions on inspections of

3 its declared nuclear sites and is refusing any inspec4 tions of its undeclared nuclear sites.

5 (8) The national security interests of the United

6 States require the curtailment of the proliferation of

7 weapons of mass destruction, particularly nuclear

8 weapons.

9 (9) To ensure advancement of the goal of nuclear

10 nonproliferation, a signatory to the Treaty on the

11 Non-Proliferation of Nuclear Weapons must permit

12 inspections of its facilities and comply with any other

13 legitimate requests of the International Atomic En14 ergy Agency that are necessary to ensure that the

15 country is in compliance with the terms and obliga16 tions of the treaty.

17 (b) SENSE OF SENATE.—It is the sense of the Senate

18 that—

19 (1) the President should not engage in negotia20 tions connected with normalization of relations with

21 the Government of North Korea until that government

22 meets its full obligations under the Treaty on the

23 Non-Proliferation of Nuclear Weapons, including any

24 inspection of nuclear sites located in North Korea suf25 ficient to ensure the full compliance by the Govern-
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1 ment of North Korea with the terms and obligations

2 of the treaty; and

3 (2) the President undertake such diplomatic ac4 tivity with respect to the People’s Republic of China

5 as is appropriate to enlist the assistance of that coun6 try in gaining the compliance of the Government of

7 North Korea with its obligations under the treaty.

8 (c) DEFINITION.—In this section, the term ‘‘normal9 ization of relations’’ means the following:

10 (1) Disbanding the United Nations Forces Com11 mand and withdrawing United States troops from the

12 Republic of Korea.

13 (2) Lifting restrictions on trade with and invest14 ment in North Korea that are imposed pursuant to

15 United States law on trade with hostile states.

16 (3) Expanding economic cooperation with North

17 Korea.

18 (4) Assisting the entry of the North Korea Gov19 ernment into international organizations relating to

20 economic activity.

21 (5) Granting the diplomatic recognition of the

22 United States to the Government of North Korea.

23 SEC. 718. SENSE OF SENATE ON NORMALIZATION OF RELA24 TIONS WITH VIETNAM.

25 It is the sense of the Senate that—
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1 (1) the Government of the United States is com2 mitted to seeking the fullest possible accounting of

3 American servicemen unaccounted for during the war

4 in Vietnam;

5 (2) cooperation by the Government of Vietnam

6 on resolving the fate of those American servicemen un7 accounted for has increased significantly over the last

8 three years and is essential to the resolution of out9 standing POW/MIA cases;

10 (3) substantial and tangible progress has been

11 made in the POW/MIA accounting process;

12 (4) cooperative efforts between the United States

13 and Vietnam should continue in order to resolve all

14 outstanding questions concerning the fate of Ameri15 cans missing-in-action;

16 (5) United States senior military commanders

17 and United States personnel working in the field to

18 account for United States POW/MIAs in Vietnam be19 lieve that lifting the United States trade embargo

20 against Vietnam will facilitate and accelerate the ac21 counting efforts;

22 (6) therefore, in order to maintain and expand

23 further United States and Vietnamese efforts to obtain

24 the fullest possible accounting, the President should
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1 lift the United States trade embargo against Vietnam

2 expeditiously; and

3 (7) moveover, as the United States and Vietnam

4 move toward normalization of relations, the Govern5 ment of Vietnam should demonstrate further improve6 ments in meeting internationally recognized stand7 ards of human rights.

8 SEC. 719. STUDY OF DEMOCRACY PROGRAM EFFECTIVE9 NESS.

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

11 (1) the National Endowment for Democracy will

12 fund $35,000,000 in democracy development pro13 grams overseas in fiscal year 1994;

14 (2) the Agency for International Development

15 will fund approximately $400,000,000 worth of de16 mocracy development programs overseas in fiscal year

17 1994;

18 (3) it is in the interest of the United States to

19 have a coordinated approach to the funding of inter20 national democracy programs supported by United

21 States Government funds;

22 (4) both the Agency for International Develop23 ment and the National Endowment for Democracy

24 have funded overlapping programs in the same coun25 try; and
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1 (5) the recent study of the independent Board for

2 International Broadcasting and the United States In3 formation Agency’s Voice of America yielded a plan

4 for a new, more cost-effective structure for United

5 States Government-sponsored broadcasting that re6 duces cost and increases coordination.

7 (b) REPORT.—(1) Not later than 60 days after the date

8 of enactment of this Act, the President shall establish a com9 mission for the purpose of conducting a study of United

10 States Government-funded democracy support activities, in11 cluding activities funded through the National Endowment

12 for Democracy and the Agency for International Develop13 ment. Such commission shall submit a report to the Presi14 dent and to the appropriate committees of the Congress on

15 a streamlined, cost-effective organization of United States

16 democracy assistance.

17 (2) The report shall include—

18 (A) a review of all United States-sponsored de19 mocracy programs and identification of those pro20 grams that are overlapping;

21 (B) a clear statement of achievable goals and ob22 jectives for all United States-sponsored democracy

23 programs, and an evaluation of the manner in which

24 current democracy activities meet these goals and ob25 jectives;
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1 (C) a review of the current United States Gov2 ernment organization for the delivery of democracy

3 assistance and recommended changes to reduce cost

4 and streamline overhead involved in the delivery of

5 democracy assistance; and

6 (D) a review of all agencies involved in deliver7 ing United States Government funds in the form of

8 democracy assistance and a recommended focal point

9 or lead agency within the United States Government

10 for overall coordination and consolidation of the ef11 fort.

12 (3) The report required by paragraph (1) shall be sub13 mitted not later than 180 days after the commission is es14 tablished.

15 SEC. 720. HIGH-LEVEL VISITS TO TAIWAN.

16 It is the sense of the Congress that—

17 (a) The President should be commended for his

18 meeting with Taiwan’s Minister of Economic Affairs

19 during the Asia-Pacific Economic Cooperation Con20 ference in Seattle;

21 (b) The President should send Cabinet-level ap22 pointees to Taiwan to promote American interests

23 and to ensure the continued success of United States

24 business in Taiwan;
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1 (c) In addition to Cabinet-level visits, the Presi2 dent should take steps to show clear United States

3 support for Taiwan both in our bilateral relationship

4 and in multilateral organizations of which the United

5 States is a member.

6 SEC. 721. FREEDOM OF INFORMATION EXEMPTION FOR

7 CERTAIN OPEN SKIES TREATY DATA.

8 (a) IN GENERAL.—Data collected by sensors during

9 observation flights conducted in connection with the Treaty

10 on Open Skies, including flights conducted prior to entry

11 into force of the Treaty, shall be exempt from disclosure

12 under the Freedom of Information Act or any other Act—

13 (1) in the case of data with respect to a foreign

14 country—

15 (A) if the country has not disclosed the data

16 to the public; and

17 (B) if the country has not, acting through

18 the Open Skies Consultative Commission or any

19 other diplomatic channel, authorized the United

20 States to disclose the data to the public; or

21 (2) in the case of data with respect to the United

22 States, if disclosure of such data could be reasonably

23 expected to cause substantial harm to the national de24 fense as determined by the Secretary of Defense or to
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1 the foreign relations of the United States as deter2 mined by the Secretary of State.

3 (b) EXTENSION OF WITHHOLDING OF CERTAIN

4 DATA.—(1) For purposes of subsection (a)(2), data held for

5 a period of 5 years from the date of collection shall be

6 deemed not to cause substantial harm to the national de7 fense or foreign relations of the United States and shall be

8 released unless the head of the agency that made the initial

9 determination determines otherwise, in which case the data

10 may be withheld for an additional period or periods of 5

11 years each.

12 (2) In no case may data be withheld under this sub13 section for more than 10 years from the date of collection.

14 (3) Determinations under this subsection may not be

15 delegated.

16 (c) STATUTORY CONSTRUCTION.—This section con17 stitutes a specific exemption within the meaning of section

18 552(b)(3) of title 5, United States Code.

19 (d) DEFINITIONS.—For the purposes of this section—

20 (1) the term ‘‘Freedom of Information Act’’

21 means the provisions of section 552 of title 5, United

22 States Code;

23 (2) the term ‘‘Open Skies Consultative Commis24 sion’’ means the commission established pursuant to

25 Article X of the Treaty on Open Skies; and
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1 (3) the term ‘‘Treaty on Open Skies’’ means the

2 Treaty on Open Skies, signed at Helsinki on March

3 24, 1992.

4 SEC. 722. TRANSFER OF CERTAIN OBSOLETE OR SURPLUS

5 DEFENSE ARTICLES IN THE WAR RESERVE AL6 LIES STOCKPILE TO THE REPUBLIC OF

7 KOREA.

8 (a) AUTHORITY.—(1) Notwithstanding section 514 of

9 the Foreign Assistance Act of 1961 (22 U.S.C. 2321h), the

10 Secretary of Defense is authorized to transfer to the Repub11 lic of Korea, in return for concessions to be negotiated by

12 the Secretary, any or all of the items described in para13 graph (2).

14 (2) The items referred to in paragraph (1) are equip15 ment, tanks, weapons, repair parts, and ammunition

16 that—

17 (A) are obsolete or surplus items;

18 (B) are in the inventory of the Department of

19 Defense;

20 (C) are intended for use as reserve stocks for the

21 Republic of Korea; and

22 (D) as of the date of enactment of this Act, are

23 located in a stockpile in the Republic of Korea.

24 (b) CONCESSIONS.—The value of the concessions nego25 tiated by the Secretary of Defense shall be at least equal
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1 to the fair market value of the items transferred. The conces2 sions may include cash compensation, services, waiver of

3 charges otherwise payable by the United States, and other

4 items of value.

5 (c) ADVANCE NOTIFICATION OF TRANSFER.—Not less

6 than 30 days before making a transfer under the authority

7 of this section, the Secretary of Defense shall transmit to

8 the Committee on Foreign Relations of the Senate, the Com9 mittee on Foreign Affairs of the House of Representatives,

10 and the congressional defense committees a notification of

11 the proposed transfer. The notification shall identify the

12 items to be transferred and the concessions to be received.

13 (d) EXPIRATION OF AUTHORITY.—No transfer may be

14 made under the authority of this section more than two

15 years after the date of the enactment of this Act.

16 SEC. 723. PILOT VISA WAIVER PROJECT FOR KOREANS VIS17 ITING ALASKA AND HAWAII.

18 (a) CONGRESSIONAL FINDINGS.—The Congress finds

19 that—

20 (1) travel and tourism play a major role in re21 ducing the United States unfavorable balance of

22 trade;

23 (2) the characteristics of the Korean travel mar24 ket do not permit long-term planning for longer trips;
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1 (3) applications for United States visas cannot

2 now be processed in a reasonable period of time;

3 (4) the United States Department of State has

4 directed reductions in staff at the United States Em5 bassy in Seoul, which promise to further expand the

6 time necessary for potential Korean travelers to ob7 tain a United States visa;

8 (5) most of the nations of the South Pacific and

9 Europe do not currently require Koreans entering

10 their countries to have a visa, thus providing them

11 with a serious competitive advantage;

12 (6) the United States territory of Guam has been

13 permitted by the United States Government to elimi14 nate visa requirements for Koreans visiting Guam,

15 with resultant impressive increases in travel and

16 tourism from the Republic of Korea;

17 (7) the existing procedures to add any nation,

18 including the Republic of Korea, to the group of fa19 vored nations exempted from United States visa regu20 lations, would require many years during which time

21 the United States could well lose its competitive ad22 vantages in attracting travel and tourism from the

23 Republic of Korea; and

24 (8) the Republic of Korea as a gesture of good25 will has already unilaterally released United States
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1 travelers to the Republic of Korea from the necessity

2 of obtaining a visa.

3 (b) POLICY.—The Secretary of State shall explore the

4 procedures necessary to inaugurate a pilot study project

5 which—

6 (1) would be aimed at greatly reducing the time

7 and formalities needed to permit the Republic of

8 Korea to join the other visa-waiver nations of the

9 world; and

10 (2) would immediately permit the noncontiguous

11 States of Alaska and Hawaii to join Guam as visa12 free destinations for Korean travelers.

13 (c) DESCRIPTION OF PILOT PROJECT.—A pilot project

14 conducted under subsection (a) should consist of the follow15 ing elements:

16 (1) United States visas would be declared unnec17 essary for Koreans visiting Alaska or Hawaii.

18 (2) At United States Customs passport control

19 stations in Alaska and Hawaii, Koreans would be ex20 pected to display their return trip airline ticket, with

21 return to be effected within 2 weeks.

22 (3) At the end of 1 year, if immigration viola23 tions do not exceed the numbers experienced for Kore24 ans entering other United States gateways, then the
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1 Department of State should consider extending visa

2 waivers to all Koreans visiting the United States.

3 (d) EFFECTIVE DATE; TERMINATION DATE.—A pilot

4 project conducted under subsection (a) should begin not

5 later than May 1, 1994, and should terminate April 30,

6 1995.

7 SEC. 724. EUROPEAN NATIONS PARTICIPATION IN NATO.

8 (a) The Congress finds that:

9 (1) The Warsaw Pact has been disbanded and re10 placed by governments with legitimate political, eco11 nomic and security interests;

12 (2) It is in the national interests of the United

13 States to preserve European regional stability through

14 the promotion of political and economic freedom and

15 respect for territorial integrity and national sov16 ereignty;

17 (3) The North Atlantic Treaty Organization has

18 served and advanced United States and European in19 terests in political stability and collective security for

20 forty-five years;

21 (4) The Partnership for Peace is a positive step

22 towards maintaining and furthering that security, a

23 step that gives the nations of the East time to prepare

24 for membership, therefore

25 (b) It is the sense of the Senate that:
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1 (1) European nations which demonstrate both

2 the capability and willingness to support collective

3 defense requirements and established democratic prac4 tices including free, fair elections, civilian control of

5 military institutions, respect for territorial integrity

6 and the individual liberties of its citizens, share the

7 goals of the North Atlantic Treaty Organization; and

8 (2) The United States should urge prompt ad9 mission to NATO for those nations after they have

10 demonstrated such capability and willingness as set

11 forth in paragraph (1).

12 SEC. 725. POLICY ON TERMINATION OF UNITED STATES

13 ARMS EMBARGO.

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

15 findings:

16 (1) On July 10, 1991, the United States adopted

17 a policy suspending all licenses and other approvals

18 to export or otherwise transfer defense articles and de19 fense services to Yugoslavia.

20 (2) On September 25, 1991, the United Nations

21 Security Council adopted Resolution 713, which im22 posed a mandatory international embargo on all de23 liveries of weapons and military equipment to Yugo24 slavia.
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1 (3) The United States considered the policy

2 adopted July 10, 1991, to comply fully with Resolu3 tion 713 and therefore took no additional action in

4 response to that resolution.

5 (4) On January 8, 1992, the United Nations Se6 curity Council adopted Resolution 727, which decided

7 that the mandatory arms embargo imposed by Resolu8 tion 713 should apply to any independent states that

9 might thereafter emerge on the territory of Yugo10 slavia.

11 (5) On February 29 and March 1, 1992, the peo12 ple of Bosnia and Herzegovina voted in a referendum

13 to declare independence from Yugoslavia.

14 (6) On April 7, 1992, the United States recog15 nized the Government of Bosnia and Herzegovina.

16 (7) On May 22, 1992, the Government of Bosnia

17 and Herzegovina was admitted to full membership in

18 the United Nations.

19 (8) Consistent with Resolution 727, the United

20 States has continued to apply the policy adopted July

21 10, 1991, to independent states that have emerged on

22 the territory of the former Yugoslavia, including

23 Bosnia and Herzegovina.

24 (9) Subsequent to the adoption of Resolution 727

25 and Bosnia and Herzegovina’s independence referen-
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1 dum, the siege of Sarajevo began and fighting spread

2 to other areas of Bosnia and Herzegovina.

3 (10) The Government of Serbia intervened di4 rectly in the fighting by providing significant mili5 tary, financial, and political support and direction to

6 Serbian-allied irregular forces in Bosnia and

7 Herzegovina.

8 (11) In statements dated May 1 and May 12,

9 1992, the Conference on Security and Cooperation in

10 Europe declared that the Government of Serbia and

11 the Serbian-controlled Yugoslav National Army were

12 committing aggression against the Government of

13 Bosnia and Herzegovina and assigned to them prime

14 responsibility for the escalation of bloodshed and de15 struction.

16 (12) On May 30, 1992, the United Nations Secu17 rity Council adopted Resolution 757, which con18 demned the Government of Serbia for its continued

19 failure to respect the territorial integrity of Bosnia

20 and Herzegovina.

21 (13) Serbian-allied irregular forces have occu22 pied approximately 70 percent of the territory of

23 Bosnia and Herzegovina, committed gross violations

24 of human rights in the areas they have occupied, and
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1 established a secessionist government committed to

2 eventual unification with Serbia.

3 (14) The military and other support and direc4 tion provided to Serbian-allied irregular forces in

5 Bosnia and Herzegovina constitutes an armed attack

6 on the Government of Bosnia and Herzegovina by the

7 Government of Serbia within the meaning of Article

8 51 of the United Nations Charter.

9 (15) Under Article 51, the Government of Bosnia

10 and Herzegovina, as a member of the United Nations,

11 has an inherent right of individual or collective self12 defense against the armed attack from the Govern13 ment of Serbia until the United Nations Security

14 Council has taken measures necessary to maintain

15 international peace and security.

16 (16) The measures taken by the United Nations

17 Security Council in response to the armed attack on

18 Bosnia and Herzegovina have not been adequate to

19 maintain international peace and security.

20 (17) Bosnia and Herzegovina has been unable

21 successfully to resist the armed attack from Serbia be22 cause it lacks the means to counter heavy weaponry

23 that Serbia obtained from the Yugoslav National

24 Army upon the dissolution of Yugoslavia, and because

25 the mandatory international arms embargo has pre-
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1 vented Bosnia and Herzegovina from obtaining from

2 other countries the means to counter such heavy

3 weaponry.

4 (18) On December 18, 1992, with the affirmative

5 vote of the United States, the United Nations General

6 Assembly adopted Resolution 47/121, which urged the

7 United Nations Security Council to exempt Bosnia

8 and Herzegovina from the mandatory arms embargo

9 imposed by Resolution 713.

10 (19) In the absence of adequate measures to

11 maintain international peace and security, continued

12 application to the Government of Bosnia and

13 Herzegovina of the mandatory international arms

14 embargo imposed by the United Nations Security

15 Council prior to the armed attack on Bosnia and

16 Herzegovina undermines that government’s right of

17 individual or collective self-defense and therefore con18 travenes Article 51 of the United Nations Charter.

19 (20) Bosnia and Herzegovina’s right of self-de20 fense under Article 51 of the United Nations Charter

21 includes the right to ask for military assistance from

22 other countries and to receive such assistance if of23 fered.

24 (b) POLICY ON TERMINATION OF ARMS EMBARGO.—

25 (1) It is the sense of the Senate that the President should
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1 terminate the United States arms embargo of the Govern2 ment of Bosnia and Herzegovina upon receipt from that

3 government of a request for assistance in exercising its right

4 of self-defense under Article 51 of the United Nations Char5 ter.

6 (2) As used in this subsection, the term ‘‘United States

7 arms embargo of the Government of Bosnia and

8 Herzegovina’’ means the application to the Government of

9 Bosnia and Herzegovina of—

10 (A) the policy adopted July 10, 1991, and pub11 lished in the Federal Register of July 19, 1991 (58

12 Fed. Reg. 33322) under the heading ‘‘Suspension of

13 Munitions Export Licenses to Yugoslavia’’; and

14 (B) any similar policy being applied by the

15 United States Government as of the date of receipt of

16 the request described in subsection (a) pursuant to

17 which approval is routinely denied for transfers of de18 fense articles and defense services to the former Yugo19 slavia.

20 (c) POLICY ON MILITARY ASSISTANCE.—The President

21 should provide appropriate military assistance to the Gov22 ernment of Bosnia and Herzegovina upon receipt from that

23 government of a request for assistance in exercising its right

24 of self-defense under Article 51 of the United Nations Char25 ter.
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1 SEC. 726. POLICY ON PREPARING TO REINTRODUCE OF

2 TACTICAL NUCLEAR WEAPONS TO THE KO3 REAN PENINSULA.

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

5 findings:

6 (1) It was announced by South Korean President

7 Roh Tae Woo on December 18, 1991, that all tactical

8 nuclear weapons had been removed from the Korean

9 peninsula.

10 (2) On December 31, 1991, North Korea agreed

11 to a denuclearization agreement with South Korea

12 pledging not to possess, manufacture, or use nuclear

13 weapons, not to possess plutonium reprocessing facili14 ties, and to negotiate the establishment of a nuclear

15 inspection system.

16 (3) On January 30, 1992, North Korea signed a

17 nuclear safeguards agreement with the International

18 Atomic Energy Agency (IAEA), allowing for IAEA

19 regular inspections of nuclear facilities designated by

20 North Korea.

21 (4) Negotiations between North and South Korea

22 over implementation of the bilateral denuclearization

23 agreement have stalled.

24 (5) North Korea stated its intention on March

25 12, 1993, to withdraw from the Treaty on the Non-
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1 Proliferation of Nuclear Weapons (NPT), done on

2 July 1, 1968.

3 (6) North Korea said it would ‘‘suspend as long

4 as it considers necessary’’ its withdrawal from the

5 Treaty on June 11, 1993, but continues to refuse to

6 fully comply with Treaty provisions requiring regular

7 inspections of declared nuclear facilities and allowing

8 special inspections of undeclared sites.

9 (7) North Korea is the only country to ever for10 mally threaten to withdraw from the Treaty, and ef11 fectively remains in a state of noncompliance with the

12 Treaty.

13 (8) President Clinton has stated that the United

14 States objective is a Korean peninsula free of nuclear

15 weapons, and reaffirmed the United States security

16 commitment to South Korea during a visit there on

17 July 10–11, 1993.

18 (9) On November 7, 1993, President Clinton

19 stated that ‘‘North Korea cannot be allowed to develop

20 a nuclear bomb.’’.

21 (10) North Korea has reportedly rejected IAEA

22 inspection procedures of seven declared nuclear sites

23 after agreeing, in principle, with United States offi24 cials to allow IAEA investigators to visit each of those

25 sites.
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1 (11) In a statement issued on January 21, 1994,

2 to IAEA authorities, North Korea reportedly declared

3 that ‘‘routine or ad hoc’’ inspections, otherwise known

4 as regular or special inspections, would not be al5 lowed, and an IAEA spokesman stated that ‘‘we are

6 not in agreement’’ about the inspections.

7 (b) POLICY.—It is the sense of Congress that if North

8 Korea continues to resist the efforts of the international

9 community to allow the IAEA to conduct regular and spe10 cial inspections of its declared and undeclared nuclear sites

11 and facilities, and refuses to return to, and fully comply

12 with, the Treaty on the Non-Proliferation of Nuclear Weap13 ons, the President should—

14 (1) fully coordinate with United States allies in

15 the region regarding the military posture of North

16 Korea and the ability of the United States to deter

17 any future nuclear attack against South Korea or

18 Japan; and

19 (2) in conjunction with United States allies, act

20 to defend United States security interests on the Ko21 rean peninsula and enhance the defense capability of

22 United States forces by preparing to reintroduce tac23 tical nuclear weapons in South Korea.
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1 (c) DEFINITION.—For purposes of this section, the

2 term ‘‘IAEA’’ means the International Atomic Energy

3 Agency.

4 SEC. 727. ASYLUM REFORMS.

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

6 (1) in the last decade applications for asylum

7 have greatly exceeded the original 5,000 annual limit

8 provided in the Refugee Act of 1980, with more than

9 150,000 asylum applications filed in fiscal year 1993,

10 and the backlog of cases growing to the current level

11 of 355,000;

12 (2) this flood of asylum claims has swamped the

13 system, creating delays in the processing of applica14 tions of up to several years;

15 (3) the delay in processing asylum claims due to

16 the overwhelming numbers has contributed to numer17 ous problems, including—

18 (A) an abuse of the asylum laws by fraudu19 lent applicants whose primary interest is obtain20 ing work authority in the United States while

21 their claim languishes in the backlogged asylum

22 processing system;

23 (B) the growth of alien smuggling oper24 ations, often involving organized crime;
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1 (C) a drain on limited resources resulting

2 from the high cost of processing frivolous asylum

3 claims through our multi-layered system; and

4 (D) an erosion of public support for asy5 lum;

6 (4) asylum, a safe haven protection for aliens

7 abroad who cannot return home, has been perverted

8 by some aliens who use asylum claims to circumvent

9 our immigration and refugee laws and procedures;

10 (5) a comprehensive revision of our asylum law

11 and procedures is required to address these problems.

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

13 (1) asylum is a process intended to protect cer14 tain aliens in the United States who, because of

15 events occurring after their arrival here, cannot safely

16 return home;

17 (2) persons outside their country of nationality

18 who have a well-founded fear of persecution if they re19 turn should apply for refugee status with the local

20 UNHCR, or other relevant international organiza21 tion, office or at one of our refugee processing centers

22 abroad, if possible;

23 (3) the immigration, refugee and asylum laws of

24 the United States should be reformed to provide—
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1 (A) a procedure for the expeditious exclu2 sion of asylum applicants who arrive at a port3 of-entry with fraudulent documents, or no docu4 ments, and make a non-credible claim of asylum;

5 and

6 (B) the immigration, refugee, and asylum

7 laws of the United States should be reformed to

8 provide for a streamlined affirmative asylum

9 processing system for asylum applicants who

10 make their application after they have entered

11 the United States.

12 SEC. 728. AMENDMENTS TO THE PLO COMMITMENTS COM13 PLIANCE ACT.

14 The PLO Commitments Compliance Act of 1989 (title

15 VIII of Public Law 101–246) is amended—

16 (1) in section 804(b), by striking ‘‘Beginning 30

17 days after the date of enactment of this Act, and every

18 120 days thereafter in which the dialogue between the

19 United States and the PLO has not been discon20 tinued’’, and inserting in lieu thereof ‘‘In conjunction

21 with each written policy justification required under

22 section (3)(b)(1) of the Middle East Peace Facilita23 tion Act of 1994 or every 180 days,’’;

24 (2) in section 804(b)(1), by striking ‘‘regarding

25 the cessation of terrorism and recognition of Israel’s
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1 right to exist’’ and inserting in lieu thereof ‘‘and each

2 of the commitments described in section (4)(A) of the

3 Middle East Peace Facilitation Act of 1994 (Oslo

4 commitments)’’;

5 (3) in section 804(b)(2), by inserting ‘‘and Oslo’’

6 after ‘‘Geneva’’;

7 (4) by striking paragraphs (3) and (8) of section

8 804(b);

9 (5) by redesignating paragraphs (4), (5), (6),

10 (7), (9), and (10) of section 804(b) as paragraphs (3),

11 (4), (5), (6), (7), and (8), respectively of that section;

12 (6) in section 802(8), by inserting ‘‘and on Sep13 tember 9, 1993’’ after ‘‘1998’’;

14 (7) in section 802, by redesignating paragraph

15 (8) as paragraph (10);

16 (8) by striking ‘‘and’’ at the end of section

17 802(7); and

18 (9) by inserting after section 802(7) the follow19 ing:

20 ‘‘(8) the President, following an attempted ter21 rorist attack upon a Tel Aviv beach on May 30, 1990,

22 suspended the United States dialogue with the PLO;

23 ‘‘(9) the President resumed the United States

24 dialogue with the PLO in response to the commit25 ments made by the PLO in letters to the Prime Min-
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1 ister of Israel and the Foreign Minister of Norway of

2 September 9, 1993; and’’.

3 SEC. 729. SAFETY OF UNITED STATES PERSONNEL IN SARA4 JEVO.

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

6 (1) the United States has recognized and estab7 lished diplomatic relations with the Government of

8 Bosnia-Hercegovina;

9 (2) the United States Ambassador to Bosnia10 Hercegovina does not have any secure permanent or

11 semipermanent facilities to conduct United States

12 diplomatic activities in Sarajevo;

13 (3) the protracted conflict in Bosnia-Hercegovina

14 creates serious physical risks to United States diplo15 matic personnel serving there;

16 (4) the United States Ambassador to Bosnia17 Hercegovina resides and carries out his duties from

18 Vienna, Austria; and

19 (5) an increased and more secure United States

20 diplomatic presence in Sarajevo would enhance Unit21 ed States interests in Bosnia-Hercegovina.

22 (b) POLICY.—(1) It is, therefore, the sense of the Senate

23 that the Secretary of State should immediately take steps

24 to increase the presence of United States diplomatic person-
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1 nel in Sarajevo, Bosnia-Hercegovina consistent with the ob2 jectives of ensuring their physical safety.

3 (2) Such steps should include secure facilities, commu4 nication capability, ground transportation and other capa5 bilities, as appropriate, to enable United States diplomatic

6 personnel to conduct regular official United States diplo7 matic activities in Sarajevo.

8 (c) REPORT.—The Secretary of State shall report to

9 the Speaker of the House of Representatives and the Chair10 man of the Senate Committee on Foreign Relations on the

11 steps taken to enhance the security and safety of United

12 States diplomatic personnel not later than 30 days after

13 the date of enactment of this Act.

14 SEC. 730. NOTIFICATION OF CONGRESS ON CERTAIN

15 EVENTS INVOLVING THE MTCR.

16 (a) EXPORT IN SUPPORT OF SPACE LAUNCH VEHICLE

17 (SLV) PROGRAMS.—At least 30 days before the export of

18 any item controlled pursuant to United States obligations

19 under the Missile Technology Control Regime and intended

20 to support the design, development, or production of a Cat21 egory I system, as defined in the MTCR Annex, to be uti22 lized for the launch of satellites into space, the President

23 shall transmit to Congress a report describing the proposed

24 export and the rationale for approving such export, includ25 ing the consistency of such export with United States mis-
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1 sile nonproliferation policy. The President may waive the

2 30-day waiting period in any case in which the President

3 certifies in the report that the national security interests

4 of the United States necessitate immediate approval of the

5 export or that the export represents the continuation of a

6 long-standing relationship with an MTCR partner.

7 (b) UNITED STATES POSITION REGARDING ADMISSION

8 OF NEW MTCR MEMBERS.—At least 30 days before the

9 United States takes the position to favor the admission of

10 a particular country into the Missile Technology Control

11 Regime, the President shall transmit to Congress a report

12 describing the rationale for such position together with all

13 relevant information concerning that country’s non14 proliferation policies, practices, and commitments. The

15 President may waive the 30-day waiting period in any case

16 in which the President certifies in the report that the na17 tional security interests of the United States necessitate im18 mediate approval of the new member.

19 (c) DEFINITIONS.—For purposes of this section—

20 (1) the terms ‘‘Missile Technology Control Re21 gime’’ and ‘‘MTCR’’ mean the policy statement, be22 tween the United States, the United Kingdom, the

23 Federal Republic of Germany, France, Italy, Canada,

24 and Japan, announced on April 16, 1987, to restrict
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1 sensitive missile-relevant transfers based on the

2 MTCR Annex, and any amendments thereto; and

3 (2) the term ‘‘MTCR Annex’’ means the Guide4 lines and Equipment and Technology Annex of the

5 MTCR, and any amendments thereto.

6 SEC. 731. EXTENSION OF THE FAIR TRADE IN AUTO PARTS

7 ACT OF 1988.

8 (a) IN GENERAL.—Section 2125 of the Fair Trade in

9 Auto Parts Act of 1988 (15 U.S.C. 4704) is amended by

10 striking ‘‘1993’’ and inserting ‘‘1998’’.

11 (b) EFFECTIVE DATE.—The amendment made by this

12 section shall take effect on December 30, 1993.

13 SEC. 732. REPORT ON THE ACTIVITIES OF THE PEOPLE’S

14 MUJAHEDDIN OF IRAN.

15 (a) Congress makes the following findings:

16 (1) The People’s Mujaheddin of Iran receives ma17 terial, logistic, and financial support from the Iraq

18 Government.

19 (2) The People’s Mujaheddin of Iran has been in20 volved in terrorist activities since the inception of the

21 organization in 1963.

22 (3) During the past 30 years, terrorist activities

23 of the People’s Mujaheddin of Iran have resulted in

24 the deaths of more than 10,000 Iranians.
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1 (4) The People’s Mujaheddin of Iran is respon2 sible for the deaths of several United States military

3 advisers in 1972 and 1973, for the deaths of two Air

4 Force officers in 1975, and for the deaths of three

5 United States employees of the Rockwell International

6 Corporation in 1976.

7 (5) The People’s Mujaheddin of Iran actively

8 and vigorously supported the seizure of the United

9 States Embassy in Tehran, Iran, in 1979.

10 (6) The Department of State informally recog11 nizes the involvement of the People’s Mujaheddin of

12 Iran in international terrorist activities and has re13 fused contact with representatives of the organization.

14 (7) The annual report of the Secretary of State

15 on terrorist activities does not provide adequate infor16 mation on the terrorist activities of the People’s

17 Mujaheddin of Iran.

18 (8) The past activities of the People’s

19 Mujaheddin of Iran, and the current policy of the De20 partment of State with respect to the organization,

21 create a presumption that the organization is cur22 rently engaged in international terrorist activities.

23 (b) Except as provided in subsection (d), the annual

24 report of the Secretary of State that is submitted to Con25 gress on April 30, 1994, under section 140 of the Foreign
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1 Relations Authorization Act, Fiscal Years 1988 and 1989

2 (Public Law 100–204; 22 U.S.C. 2656f) shall include infor3 mation referred to in subsection (c) on the People’s

4 Mujaheddin of Iran.

5 (c) The report referred to in subsection (b) shall in6 clude—

7 (1) an assessment of the activities of the People’s

8 Mujaheddin of Iran in accordance with subsection

9 (a)(1) of such section 140; and

10 (2) any other relevant information on the Peo11 ple’s Mujaheddin of Iran referred to in subsection

12 (a)(2) of such section 140, including a detailed dis13 cussion of each of the matters referred to in subpara14 graphs (A) through (D) of subsection (b)(2) of such

15 section.

16 (d) The Secretary may elect not to include the infor17 mation referred to in subsection (c) in the report referred

18 to in subsection (b). In the event of such an election, the

19 Secretary shall transmit to the Speaker of the House of Rep20 resentatives and the Committee on Foreign Relations of the

21 Senate a justification for such election.

22 (e) In the event of an election under subsection (d),

23 not less than sixty days from the submittal of the report

24 referred to in subsection (b), the Secretary shall submit an

25 unclassified report to Congress detailing the structure, cur-
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1 rent activities, external support and history of the People’s

2 Mujaheddin of Iran. Such report shall include any connec3 tion to organizations operating in the United States.

4 (f) In this section, the term ‘‘People’s Mujaheddin of

5 Iran’’ means the organization also known as the

6 Mujaheddin-e Khalq that is based in Iraq and led by Ira7 nian expatriots Massoud Rajavi or Maryam Rajavi and in8 cludes any group or organization associated with such orga9 nization, including the Iraqi-based National Liberation

10 Army and the National Council of Resistance of Iran.

11 SEC. 733. REIMBURSEMENT OF STATE AND LOCAL GOVERN12 MENTS.

13 Section 208 of title 3, United States Code, is amended

14 by inserting at the end the following new subsection:

15 ‘‘(c) Out of funds otherwise available for fiscal year

16 1994 and fiscal year 1995 for ‘Protection of Foreign Mis17 sions and Officials’, the Secretary of State is authorized to

18 reimburse the City of Seattle and State of Washington up

19 to a total of $440,000 for fiscal year 1994 and $500,000

20 for fiscal year 1995 for unexpected extraordinary security

21 costs associated with the change in the level of the participa22 tion in the Asian Pacific Cooperation conference held in

23 Seattle in November 1993 from Ministerial to Heads-of24 State.’’.
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1 SEC. 734. RESTORATION OF WITHHELD BENEFITS.

2 (a) ELIGIBILITY.—With respect to any person for

3 which the Secretary of State and the Secretary concerned

4 within the Department of Defense has approved the employ5 ment or the holding of a position pursuant to the provisions

6 of section 1058, title 10, United States Code, before the date

7 of enactment of this Act, the consents, approvals and deter8 minations under that section shall be deemed to be effective

9 as of January 1, 1993.

10 (b) TECHNICAL CORRECTION.—Subsection (d) of sec11 tion 1433 of Public Law 103–160 is repealed.

12 SEC. 735. REPORT ON THE USE OF FOREIGN FROZEN OR

13 BLOCKED ASSETS.

14 Not later than 30 days after enactment of this Act,

15 the President shall submit to the Committee on Foreign Re16 lations of the Senate and the Committee on Foreign Affairs

17 of the House of Representatives a report containing a de18 tailed accounting analysis and justification for all expendi19 tures made from foreign governments’ assets that have been

20 frozen or blocked by the United States Government, includ21 ing but not limited to those expenditures made from Hai22 tian frozen or blocked assets by the Government of President

23 Jean Bertrand Aristide, and those made from Iranian and

24 Iraqi frozen or blocked assets.
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1 SEC. 736. FOREIGN POLICY.

2 (a) It is the sense of the Senate that the President has

3 determined that sustainable development is one of the goals

4 of United States foreign policy and, therefore, the United

5 States, in conducting bilateral and multilateral negotia6 tions, should, to the maximum extent feasible, take into con7 sideration the principles of sustainable development that

8 encourage broad based economic growth, protect the envi9 ronment, build human capital and knowledge, and promote

10 democratic participation and development.

11 (b) It is the further sense of the Senate that domestic

12 producers of environmental goods and services should, to the

13 maximum extent practicable, be notified of any potential

14 business opportunities which result from United States bi15 lateral and multilateral assistance programs and negotia16 tions.

17 SEC. 737. PASSPORT SECURITY.

18 (a) It is the sense of the Congress that the Department

19 of State is strongly urged to assure that any new passport

20 issuances should, to the maximum extent practicable—

21 (1) be secure against counterfeiting, alteration,

22 duplication or simulation;

23 (2) be easily verifiable with appropriate inspec24 tion by public officials and private and commercial

25 personnel; and
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1 (3) contain only American-sourced materials

2 and technology.

3 (b) The Secretary of State shall provide a report to

4 the Senate Committee on Foreign Relations and the House

5 Committee on Foreign Affairs within 30 days of enactment

6 detailing actions taken by the Department to accomplish

7 the goals set forth in subsection (a).

8 SEC. 738. PUBLISHING INTERNATIONAL AGREEMENTS.

9 Section 112a of title I of the United States Code is

10 amended—

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

12 Secretary of State’’; and

13 (2) by adding at the end thereof the following

14 new subsections:

15 ‘‘(b) The Secretary of State may determine that publi16 cation of certain categories of agreements is not required,

17 provided that the following criteria are met:

18 ‘‘(1) Such agreements are not treaties which have

19 been brought into force for the United States after

20 having received Senate advice and consent pursuant

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

22 United States;

23 ‘‘(2) The public interest in such agreements is

24 insufficient to justify their publication, in that (i) as

25 of the date of enactment of this legislation, the agree-
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1 ments are no longer in force, (ii) the agreements do

2 not create private rights or duties, nor establish

3 standards intended to govern government action in

4 the treatment of private individuals, (iii) in view of

5 the limited or specialized nature of the public interest

6 in such agreements, such interest can adequately be

7 satisfied by an alternative means, or (iv) the public

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

9 opinion of the President, be prejudicial to the na10 tional security of the United States; and

11 ‘‘(3) Copies of such agreements (other than those

12 in subsection (2)(b)(iv)), including certified copies

13 where necessary for litigation or similar purposes,

14 can be made available by the Department of State

15 upon reasonable request.

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

17 shall be published in the Federal Register.’’.

18 SEC. 739. CONFERENCE ON SECURITY AND COOPERATION

19 IN EUROPE.

20 The President is authorized to implement, for the

21 United States, the provisions of Annex 1 of the Decision

22 concerning Legal Capacity and Privileges and Immunities,

23 issued by the Council of Ministers of the Conference on Se24 curity and Cooperation in Europe on December 1, 1993,

25 in accordance with the terms of that Annex.
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1 SEC. 740. AGREEMENT ON STATE AND LOCAL TAXATION.

2 The President is authorized to bring into force for the

3 United States the Agreement on State and Local Taxation

4 of Foreign Employees of Public International Organiza5 tions, which was signed by the United States on April 21,

6 1992: Provided, That, notwithstanding the provisions of Ar7 ticle 1.B of such Agreement, such Agreement shall not re8 quire any refunds of monies paid with respect to tax years

9 ending on or before December 31, 1993.

10 SEC. 741. FEES FOR COMMERCIAL SERVICES.

11 Title I of the State Department Basic Authorities Act

12 of 1956 (22 U.S.C. 2669 et seq.) is amended by adding the

13 following new section at the end:

14 ‘‘SEC. 52. FEES FOR COMMERCIAL SERVICES.

15 ‘‘(a) AUTHORITY TO CHARGE FEE.—(1) Subject to

16 paragraph (2), the Secretary of State is authorized to

17 charge a fee to cover the actual or estimated cost of provid18 ing any person, firm or organization (other than agencies

19 of the United States Government) with commercial services

20 at posts abroad on matters within the authority of the De21 partment of State.

22 ‘‘(2) The authority of this section may be exercised

23 only in countries where the Department of Commerce does

24 not perform commercial services for which it collects fees.

25 ‘‘(b) USE OF FEES.—Funds collected under the author26 ity of subsection (a) shall be deposited as an offsetting col-
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1 lection to any Department of State appropriation to recover

2 the costs of providing commercial services.’’.

3 SEC. 742. PERSONAL SERVICES CONTRACTS ABROAD.

4 Section 2(c) of the State Department Basic Authorities

5 Act of 1956 (22 U.S.C. 2669(c)) is amended by inserting

6 the following before the period: ‘‘; and such contracts are

7 authorized to be negotiated, the terms of the contracts to

8 be prescribed, and the work to be performed, where nec9 essary, without regard to such statutory provisions as relate

10 to the negotiation, making, and performance of contracts

11 and performance of work in the United States’’.

12 SEC. 743. UNITED STATES MEMBERSHIP IN THE INTER13 NATIONAL COPPER STUDY GROUP.

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

15 authorized to accept the Terms of Reference of and main16 tain membership of the United States in the International

17 Copper Study Group (ICSG).

18 (b) PAYMENTS OF ASSESSED CONTRIBUTIONS.—For

19 fiscal year 1995 and thereafter the United States assessed

20 contributions to the ICSG may be paid from funds appro21 priated for ‘‘Contributions to International Organizations’’.

22 SEC. 744. PROHIBITION ON ASSISTANCE TO COUNTRIES EX23 PROPRIATING UNITED STATES PROPERTY.

24 (a) PROHIBITION.—None of the funds made available

25 to carry out the Foreign Assistance Act of 1961 as amended,
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1 the Arms Export Control Act, or the Support for East Euro2 pean Democracy Act may be provided to a country (other

3 than a country described in subsection (c)) whose govern4 ment (or any agency or instrument thereof)—

5 (2) has before, on, or after the date of enactment

6 of this Act—

7 (A) nationalized or expropriated the prop8 erty of any United States person,

9 (B) repudiated or nullified any contract or

10 agreement with any United States person, or

11 (C) taken any other action (such as the im12 position of discriminatory taxes or other exac13 tions) which has the effect of seizing ownership

14 or control of the property of any United States

15 person, and

16 (2) has not, within a period of 3 years (or where

17 applicable, the period described in subsection (b)), re18 turned the property or provided adequate and effec19 tive compensation for such property in convertible

20 foreign exchange equivalent to the full value thereof,

21 as required by international law.

22 (3) the President may waive the prohibition in

23 subsection (a) if he determines and so notifies Con24 gress that it is in the national interest to do so. Such
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1 determination must be made on a country by country

2 basis every 180 days.

3 (b) EXTENDED PERIOD FOR COMPENSATION IN THE

4 CASE OF NEWLY ELECTED DEMOCRATIC GOVERNMENTS.—

5 In the case of a democratically elected foreign government

6 that had been a totalitarian or authoritarian government

7 at the time of the action described in subsection (a)(1), the

8 3-year period described in subsection (a)(2) shall be deemed

9 to have begun as of the date of the installation of the demo10 cratically elected government.

11 (c) EXCEPTED COUNTRIES AND TERRITORIES.—This

12 section shall not apply to any country established by inter13 national mandate through the United Nations or to any

14 territory recognized by the United States Government to be

15 in dispute.

16 (d) REPORTING REQUIREMENT.—Not later than 90

17 days after enactment of this Act, and every 180 days there18 after, the Secretary of State shall transmit to the Speaker

19 of the House of Representatives and to the Committee on

20 Foreign Relations of the Senate, a report containing the

21 following:

22 (1) A list of all countries in which a United

23 States person has an outstanding expropriations

24 claim.
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1 (2) The total number of outstanding expropria2 tion claims made by United States persons against

3 any foreign country.

4 (3) The period of time in which each claim has

5 been outstanding.

6 (4) All efforts made on a case by case basis by

7 the United States Government, any international or8 ganization, and the country in which the expropria9 tion claim has been made, to return the property or

10 provide adequate and effective compensation for such

11 property.

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

13 term ‘‘United States person’’ means a United States citizen

14 or corporation, partnership, or association at least 50 per15 cent beneficially owned by United States citizens.

16 SEC. 745. ISRAEL’S DIPLOMATIC STATUS.

17 (a) The Congress finds that—

18 (1) Israel continues to be a leader in the Middle

19 East peace process and the only democracy in the re20 gion;

21 (2) on May 14, 1948, the United States was the

22 first country to accord de facto recognition to Israel;

23 (3) after over forty-six years of independence Is24 rael is recognized only by 132 countries around the

25 world;
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1 (4) forty-nine countries have no diplomatic rela2 tions with Israel, including 32 that collectively receive

3 in fiscal year 1994 over $523,000,000 in United

4 States foreign assistance;

5 (5) China and India recognized the state of Is6 rael in 1992;

7 (6) Israel is a legitimate state and sovereign en8 tity that deserves to be accorded full diplomatic rec9 ognition by members of the international community;

10 and

11 (7) the following states will receive direct and in12 direct United States foreign assistance this year and

13 have failed to recognize Israel: Afghanistan; Algeria;

14 Bahrain; Bangladesh; Botswana; Burundi; Cape

15 Verde; Chad; Djibouti; Ghana; Guinea; Guinea16 Bissau; Indonesia; Jordan; Laos; Lebanon; Madagas17 car; Maldives; Mauritania; Morocco; Namibia; Niger;

18 Oman; Pakistan; Rwanda; Senegal; Somalia; Sri

19 Lanka; Tanzania; Tunisia; Uganda; and Yemen,

20 therefore

21 (b) It is the sense of the Senate that the Secretary of

22 State should make the issue of Israel’s diplomatic status a

23 priority and urge countries that receive American aid to

24 immediately establish full diplomatic relations with the

25 state of Israel.
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1 SEC. 746. POLICY REGARDING GERMAN PARTICIPATION IN

2 INTERNATIONAL PEACEKEEPING OPER3 ATIONS.

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

5 (1) for more than four decades following the Sec6 ond World War, Germany was a divided nation;

7 (2) notwithstanding the creation of the Federal

8 Republic of Germany on September 7, 1949, and the

9 German Democratic Republic on October 7, 1949, the

10 Four Allied Powers retained rights and responsibil11 ities for Germany as a whole;

12 (3) the Federal Republic of Germany acceded to

13 the United Nations Charter without reservation,

14 ‘‘accept[ing] the obligations contained in the Charter

15 . . . and solemnly undertak[ing] to carry them out’’,

16 and was admitted as a member of the United Nations

17 on September 26, 1973;

18 (4) the Federal Republic of Germany’s admission

19 to the United Nations did not alter Germany’s divi20 sion nor infringe upon the rights and responsibilities

21 of the Four Allied Powers for Germany as a whole;

22 (5) these circumstances created impediments to

23 the Federal Republic of Germany fulfilling all obliga24 tions undertaken upon its accession to the United Na25 tions Charter;
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1 (6) Germany was unified within the Federal Re2 public of Germany on October 3, 1990;

3 (7) with the entry into force of the Final Settle4 ment With Respect to Germany on March 4, 1991, the

5 unified Germany assumed its place in the community

6 of nations as a fully sovereign national state;

7 (8) German unification and attainment of full

8 sovereignty and the Federal Republic’s history of

9 more than four decades of democracy have removed

10 impediments that have prevented its full participa11 tion in international efforts to maintain or restore

12 international peace and security;

13 (9) international peacekeeping, peacemaking,

14 and peace-enforcing operations are becoming increas15 ingly important for the maintenance and restoration

16 of international peace and security;

17 (10) United Nations Secretary General Boutros

18 Boutros-Ghali has called for the ‘‘full participation of

19 Germany in peacekeeping, peacemaking, and peace20 enforcing measures’’;

21 (11) the North Atlantic Council, meeting in min22 isterial session on June 4, 1992, and December 17,

23 1992, stated the preparedness of the North Atlantic

24 Alliance to ‘‘support, on a case-by-case basis in ac25 cordance with our own procedures, peacekeeping ac-
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1 tivities under the responsibility of the Conference on

2 Security and Cooperation in Europe’’ and ‘‘peace3 keeping operations under the authority of the United

4 Nations Security Council’’;

5 (12) the Federal Republic of Germany partici6 pated in these North Atlantic Council meetings and

7 fully associated itself with the resulting communiques;

8 (13) the Western European Union (WEU) Min9 isterial Council, in the Petersberg Declaration adopt10 ed June 19, 1992, declared that ‘‘As the WEU devel11 ops its operational capabilities in accordance with the

12 Maastricht Declaration, we are prepared to support,

13 on a case-by-case basis and in accordance with our

14 own procedures, the effective implementation of con15 flict-prevention and crisis-management measures, in16 cluding peacekeeping activities of the CSCE or the

17 United Nations Security Council’’;

18 (14) the Federal Republic of Germany presided

19 over this Western European Union Ministerial Coun20 cil meeting and fully associated itself with the

21 Petersberg Declaration;

22 (15) the Federal Republic of Germany, by virtue

23 of its political, economic, and military status and po24 tential, will play an important role in determining
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1 the success or failure of future international efforts to

2 maintain or restore international peace and security;

3 (16) Germany is currently engaged in a debate

4 on the proper role for the German military in the

5 international community and, in this regard, on how

6 to amend the provisions of the Federal Republic’s

7 Basic Law that govern German military activities;

8 (17) one important element in the German de9 bate is the attitude of the international community

10 toward full German participation in international

11 peacekeeping, peacemaking, and peace-enforcing oper12 ations;

13 (18) it is, therefore, appropriate for the United

14 States, as a member of the international community

15 and as a permanent member of the United Nations

16 Security Council, to express its position on the ques17 tion of such German participation; and

18 (19) distinctions between peacekeeping, peace19 making, and peace-enforcing measures are becoming

20 blurred, making absolute separation of such measures

21 difficult, if not impossible.

22 (b) SENSE OF CONGRESS.—It is the sense of the Con23 gress that—

24 (1) an appropriate response under current cir25 cumstances to Germany’s past would be for Germany
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1 to participate fully in international efforts to main2 tain or restore international peace and security; and

3 (2) the President should strongly encourage Ger4 many, in light of its increasing political and eco5 nomic influence, its successful integration into inter6 national institutions, and its commitment to peace

7 and democratic ideals, to assume full and active par8 ticipation in international peacekeeping, peace9 making, and peace-enforcing operations and to take

10 the necessary measures with regard to its constitu11 tional law and policy and its military capabilities so

12 as to enable the full and active participation of Ger13 many in such operations. 

14 SEC. 747. UNITED STATES CITIZENS HIRED ABROAD.

15 (a) In order to facilitate the hiring of United States

16 citizens abroad, the Foreign Service Act of 1980 (22 U.S.C.

17 3901 et seq.) (‘‘the Act’’), the State Department Basic Au18 thorities Act (22 U.S.C. 2669 et seq.), and other provisions

19 are amended as follows:

20 (1) In section 309(b) of the Act by deleting

21 ‘‘and’’ at the end of subsection (b)(3); and by deleting

22 the period at the end of subsection (b)(4) and insert23 ing in lieu thereof ‘‘; and (5) as a foreign national

24 employee.’’.
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1 (2) In section 311 of the Act by striking the sec2 tion and inserting the following:

3 ‘‘(a) The Secretary, under section 303, may appoint

4 United States citizens, who are family members of govern5 ment employees assigned abroad or are hired for service at

6 their post of residence, for employment in positions cus7 tomarily filled by Foreign Service officers, Foreign Service

8 personnel, and foreign national employees.

9 ‘‘(b) The fact that an applicant for employment in a

10 position referred to in subsection (a) is a family member

11 of a Government employee assigned abroad shall be consid12 ered an affirmative factor in employing such person.

13 ‘‘(c)(1) Non-family members employed under this sec14 tion for service at their post of residence shall be paid in

15 accordance with local compensation plans established under

16 section 408.

17 ‘‘(2) Family members employed under this section

18 shall be paid in accordance with the Foreign Service Sched19 ule or the salary rates established under section 407.

20 ‘‘(3) In exceptional circumstances, non-family mem21 bers may be paid in accordance with the Foreign Service

22 Schedule or the salary rates established under section 407,

23 if the Secretary determines that the national interest would

24 be served by such payments.
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1 ‘‘(d) Citizens employed under this section shall not be

2 eligible for benefits under chapter 8 of the Foreign Service

3 Act of 1980, as amended, or under chapters 83 and 84 of

4 title 5, unless the Secretary states in writing or by regula5 tion that specific individuals shall remain eligible for bene6 fits under chapter 83 or 84 of title 5, as appropriate. Each

7 agency should make efforts to find additional funding for

8 retirement coverage for family members.’’.

9 (3) In section 404(a) of the Act by deleting the

10 phrase ‘‘who are family members of Government em11 ployees paid in accordance with a local compensation

12 plan established under’’.

13 (4) In section 408 of the Act—

14 (A) by rewriting the first sentence of sub15 section 408(a)(1) to read as follows: ‘‘The Sec16 retary shall establish compensation (including

17 position classification) plans for foreign national

18 employees of the Service and United States citi19 zens employed under section 311(c)(1).’’;

20 (B) in the second sentence of subsection

21 408(a)(1), by deleting the phrase ‘‘employed in

22 the Service abroad who were hired while residing

23 abroad and to those family members of Govern24 ment employees who are paid in accordance with

25 such plans’’;
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1 (C) in the third sentence of subsection

2 408(a)(1), by deleting the phrase ‘‘foreign na3 tional’’ each place it appears; and

4 (D) by adding a fourth sentence as follows:

5 ‘‘For United States citizens under a compensa6 tion plan, the Secretary shall also (A) provide

7 these citizens with a total compensation package

8 (including wages, allowances, benefits, and other

9 employer payments, such as for social security)

10 that has the equivalent cost to that received by

11 foreign national employees occupying a similar

12 position at that post and (B) define those allow13 ances and benefits provided under United States

14 law which shall be included as part of this total

15 compensation package, notwithstanding any

16 other provision of law, except that this section

17 shall not be used to override United States mini18 mum wage requirements, or any provision of the

19 Social Security Act or the Internal Revenue

20 Code.

21 (5) In section 504(b) of the Act by inserting

22 ‘‘(other than those employed in accordance with sec23 tion 311)’’ immediately after ‘‘citizen of the United

24 States’’.
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1 (6) In section 601(b)(2) of the Act by deleting

2 ‘‘and’’ the last time it appears and by inserting ‘‘and

3 other members of the Service’’ immediately after ‘‘cat4 egories of career candidates,’’.

5 (7) In section 611 of the Act by striking all that

6 follows ‘‘Foreign Service Schedule’’ and inserting in

7 lieu thereof ‘‘or who is paid in accordance with sec8 tion 407 or is a United States citizen paid under a

9 compensation plan under section 408.’’.

10 (8) In section 903(a) of the Act by inserting

11 ‘‘(other than a member employed under section 311)’’

12 immediately after ‘‘member of the Service’’ each place

13 it appears.

14 (9) In section 1002(8)(A) of the Act by inserting

15 ‘‘a member of the Service who is a United States citi16 zen (other than a family member) employed under

17 section 311,’’ immediately after ‘‘a consular agent,’’.

18 (10) In section 1101(a)(1) of the Act by inserting

19 ‘‘(other than a United States citizen employed under

20 section 311 who is not a family member)’’ imme21 diately after ‘‘citizen of the United States’’.

22 (11) In section 2(c) of the State Department

23 Basic Authorities Act of 1956 (22 U.S.C. 2669(c)), by

24 inserting the following before the period: ‘‘; and such

25 contracts are authorized to be negotiated, the terms of
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1 the contracts to be prescribed, and the work to be per2 formed, where necessary, without regard to such statu3 tory provisions as relate to the negotiation, making,

4 and performance of contracts and performance of

5 work in the United States’’.

6 SEC. 748. EXTENSION OF CERTAIN ADJUDICATION PROVI7 SIONS.

8 The Foreign Operations, Export Financing, and Re9 lated Programs Appropriations Act, 1990 (Public Law

10 101–167), is amended—

11 (1) in section 599D (8 U.S.C. 1157 note)—

12 (A) in subsection (b)(3), by striking ‘‘1993

13 and 1994’’ and inserting ‘‘1993, 1994, 1995, and

14 1996’’; and

15 (B) in subsection (e), by striking out ‘‘Octo16 ber 1, 1994’’ each place it appears and inserting

17 in lieu thereof ‘‘October 1, 1996’’; and

18 (2) in section 599E (8 U.S.C. 1255 note) in sub19 section (b)(2), by striking out ‘‘September 30, 1994’’

20 and inserting in lieu thereof ‘‘September 30, 1996’’.

21 SEC. 749. POLICY REGARDING THE NORTH KOREAN NU22 CLEAR WEAPONS PROGRAM.

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

24 findings:
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1 (1) On February 10, 1993, North Korea refused

2 to permit the International Atomic Energy Agency

3 (IAEA) to conduct special inspections, as permitted

4 under the terms of the Treaty on the Non-Prolifera5 tion of Nuclear Weapons (NPT), of two undeclared

6 nuclear-related sites to clarify discrepancies related to

7 North Korea’s nuclear program, and on March 12,

8 1993, North Korea announced its intention to with9 draw from the NPT effective on June 12, 1993, due

10 to the insistence of the IAEA on exercising inspection

11 rights under the NPT.

12 (2) On April 1, 1993, the IAEA declared North

13 Korea to be in noncompliance with the NPT; on April

14 2, 1993, the IAEA voted to refer North Korean viola15 tions of the Treaty to the United Nations Security

16 Council; and on April 7, 1993, the IAEA issued a for17 mal censure on North Korea for its noncompliance

18 with the NPT, the first censure in the history of the

19 IAEA.

20 (3) On May 11, 1993, the United Nations Secu21 rity Council passed a resolution asking North Korea

22 to allow IAEA inspections under the NPT, and on

23 May 12, 1993, North Korea rejected the request of the

24 United Nations Security Council and has since im-
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1 peded or refused access to any of its sites by IAEA

2 inspectors.

3 (4) On June 2, 1993, the United States and

4 North Korea initiated a series of meetings in New

5 York to discuss the impasse in nuclear site inspec6 tions, which continued until January 4, 1994, when

7 Under Secretary of State Lynn Davis announced that

8 North Korea had agreed to inspections of seven de9 clared nuclear-related sites.

10 (5) Discussions between the IAEA and North

11 Korea to implement the announced agreement to per12 mit inspections in North Korea have reached an ap13 parent impasse, and the issue is anticipated to be dis14 cussed at the IAEA Board of Governors meeting on

15 February 21, 1994.

16 (6) The People’s Republic of China (PRC) has

17 repeatedly stated it would not support any action of

18 the United Nations Security Council to impose sanc19 tions on North Korea, and the PRC may not be co20 operating fully and effectively in seeking a resolution

21 of this issue.

22 (7) The United States must clearly communicate

23 its firm resolve to compel North Korea to comply with

24 the inspections required under the NPT and has in25 stead offered to cancel 1994 Team Spirit joint mili-
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1 tary exercises with South Korea; indications are that

2 numerous other concessions, such as diplomatic rec3 ognition and economic assistance, are also being con4 sidered.

5 (8) The development of nuclear weapons by

6 North Korea would significantly increase the already

7 serious threat to the safety and security of South

8 Korea and the stability of the Pacific region posed by

9 North Korea’s military forces, which include—

10 (A) an army of 1,200,000 men, much of

11 which is positioned near the border with South

12 Korea;

13 (B) an estimated 250 tons of biological and

14 chemical weapons; and

15 (C) extended range SCUD–C missiles re16 portedly armed with chemical warheads, No

17 Dong missiles, and possibly a much longer range

18 intermediate-range ballistic missile in develop19 ment.

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

21 (1) North Korea must halt its nuclear weapons

22 program and fully comply with the terms of the NPT

23 and the January 30, 1992, full-scope safeguards

24 agreement agreed to by North Korea and the IAEA;
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1 (2) the President should seek international con2 sensus to isolate North Korea economically until

3 North Korea halts its nuclear weapons program and

4 reaches acceptable agreement with the IAEA on in5 spections of its nuclear facilities and those inspections

6 have begun;

7 (3) the President should support United States8 South Korea joint military exercises as an expression

9 of commitment to the United States-Republic of

10 Korea Mutual Defense Treaty of 1954;

11 (4) the President should ensure that sufficient

12 United States military forces are deployed in the Pa13 cific region, including the deployment of Patriot bat14 teries in South Korea, in order to be prepared to ef15 fectively defend South Korea against any offensive ac16 tion by North Korea;

17 (5) the President should make resolution of this

18 issue a matter of urgent national security priority;

19 and

20 (6) an ‘‘acceptable agreement’’ between the IAEA

21 and North Korea should include regular inspection of

22 all declared nuclear sites as well as special inspec23 tions of any suspected nuclear-related site, as agreed

24 to by North Korea in the January 30, 1992, full-scope

25 safeguards agreement with the IAEA.
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1 (c) DEFINITIONS.—For purposes of this section—

2 (1) the term ‘‘IAEA’’ means the International

3 Atomic Energy Agency;

4 (2) the term ‘‘NPT’’ means the Treaty on the

5 Non-Proliferation of Nuclear Weapons, done on July

6 1, 1968 at London, Moscow, and Washington; and

7 (3) the term ‘‘safeguards’’ means the safeguards

8 set forth in an agreement between a country and the

9 IAEA, as authorized by Article III(A)(5) of the Stat10 ute of the International Atomic Energy Agency.

11 SEC. 750. REPORT ON RUSSIAN MILITARY OPERATIONS IN

12 THE INDEPENDENT STATES OF THE FORMER

13 SOVIET UNION.

14 (a) IN GENERAL.—Not later than July 1, 1994, the

15 President shall submit to Congress a report on the oper16 ations and activities of the armed forces of the Russian Fed17 eration, including elements purportedly operating outside

18 the chain of command of the armed forces of the Russian

19 Federation, outside the borders of the Russian Federation

20 and, specifically, in the other independent states that were

21 a part of the former Soviet Union and the Baltic States.

22 (b) CONTENT OF REPORT.—The report required by

23 subsection (a) shall include, but not be limited to—

24 (1) an assessment of the numbers and types of

25 Russian armed forces deployed in each of the other
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1 independent states of the former Soviet Union and the

2 Baltic States and a summary of their operations and

3 activities since the demise of the Soviet Union in De4 cember 1991;

5 (2) a detailed assessment of the involvement of

6 Russian armed forces in conflicts in or involving Ar7 menia, Azerbaijan, Georgia, Moldova, and Tajikistan,

8 including support provided directly or indirectly to

9 one or more parties to these conflicts;

10 (3) an assessment of the political and military

11 objectives of the operations and activities discussed in

12 paragraphs (1) and (2) and of the strategic objectives

13 of the Russian Federation in its relations with the

14 other independent states of the former Soviet Union

15 and the Baltic States;

16 (4) an assessment of other significant actions,

17 including political and economic, taken by the Rus18 sian Federation to influence the other independent

19 states of the former Soviet Union and the Baltic

20 States in pursuit of its strategic objectives; and

21 (5) an analysis of the new Russian military doc22 trine adopted by President Yeltsin on November 2,

23 1993, with particular regard to its implications for

24 Russian policy toward the other independent states of

25 the former Soviet Union and the Baltic States.
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1 (c) DEFINITIONS.—For the purposes of this section—

2 (1) ‘‘the other independent states of the former

3 Soviet Union’’ means Armenia, Azerbaijan, Belarus,

4 Georgia, Kazakhstan, Kyrgyzstan, Moldova,

5 Tajikistan, Turkmenistan, Ukraine, and Uzbekistan;

6 and

7 (2) ‘‘the Baltic States’’ means Latvia, Lithuania,

8 and Estonia.

9 SEC. 751. REPORT ON BOSNIAN REFUGEES.

10 (a) The Senate finds that:

11 (1) In Bosnia-Hercegovina the civilian popu12 lation has been subject to egregious violations of basic

13 human rights, including wide-spread willful killing,

14 the torture of prisoners, deliberate attacks on non15 combatants, the intentional impeding of the delivery

16 of food and medical supplies to the civilian popu17 lation, mass forcible expulsion and deportation of ci18 vilians, the abuse of civilians in detention centers,

19 and the wanton devastation and destruction of prop20 erty.

21 (2) Ethnic cleansing, the systematic persecution

22 of minorities, indiscriminate attacks on civilians, vio23 lations of internationally-held humanitarian prin24 ciples, and the deliberate targeting of aid workers has
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1 been and continues to be common events in the con2 flict in Bosnia-Hercegovina.

3 (b) The Department of State shall within 60 days after

4 the enactment of this law brief the Committees of Judiciary

5 of the House of Representatives and the Senate on the steps

6 being taken by the United States to assure that all appro7 priate efforts are being made to expeditiously identify and

8 assist all cases of Bosnian individuals and families who

9 are requesting third country resettlement and who are eligi10 ble to seek refugee status in the United States and who are

11 seeking such refugee status.

12 SEC. 752. POLICY REGARDING THE CONDITIONS WHICH

13 THE GOVERNMENT OF THE PEOPLE’S REPUB14 LIC OF CHINA SHOULD MEET TO CONTINUE

15 TO RECEIVE NONDISCRIMINATORY MOST-FA16 VORED-NATION TREATMENT.

17 (a) The Congress finds that:

18 (1) In an Executive Order of May 28, 1993, the

19 President established conditions for renewal of most20 favored-nation (MFN) status for the People’s Republic

21 of China in 1994.

22 (2) This Executive Order requires that in mak23 ing a recommendation about the further extension of

24 MFN status to China, the Secretary of State shall not

25 recommend extension unless he determines that—
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1 (A) extension will substantially promote the

2 freedom of emigration objectives of section 402 of

3 the Trade Act of 1974; and

4 (B) China is complying with the 1992 bi5 lateral agreement between the United States and

6 China concerning prison labor.

7 (3) The Executive Order further requires that in

8 making his recommendation, the Secretary of State

9 shall determine whether China has made overall, sig10 nificant progress with respect to—

11 (A) taking steps to begin adhering to the

12 Universal Declaration of Human Rights;

13 (B) releasing and providing an acceptable

14 accounting for Chinese citizens imprisoned or de15 tained for the non-violent expression of their po16 litical and religious beliefs, including such ex17 pression of religious beliefs in connection with

18 the Democracy Wall and Tiananmen Square

19 movements;

20 (C) ensuring humane treatment of pris21 oners, such as by allowing access to prisons by

22 international humanitarian and human rights

23 organizations;

24 (D) protecting Tibet’s distinctive religious

25 and cultural heritage; and
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1 (E) permitting international radio and tele2 vision broadcasts into China.

3 (4) The Executive Order further requires the Ex4 ecutive Branch to resolutely pursue all legislative and

5 executive actions to ensure that China abides by its

6 commitments to follow fair, nondiscriminatory trade

7 practices in dealing with United States businesses,

8 and adheres to the Nuclear Nonproliferation Treaty,

9 the Missile Technology Control Regime guidelines and

10 parameters, and other nonproliferation commitments.

11 (5) The Chinese government should cooperate

12 with international efforts to obtain North Korea’s full,

13 unconditional compliance with the Nuclear Non-Pro14 liferation Treaty.

15 (6) The President has initiated an intensive

16 high-level dialogue with the Chinese government

17 which began last year with a meeting between the

18 Secretary of State and the Chinese Foreign Minister,

19 including a meeting in Seattle between the President

20 and the President of China, meetings in Beijing with

21 the Secretary of the Treasury, the Assistant Secretary

22 for Human Rights and others, a recent meeting in

23 Paris between the Secretary of State and the Chinese

24 Foreign Minister, and recent meetings in Washington
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1 with several Under Secretaries and their Chinese

2 counterparts.

3 (7) The President’s efforts have led to some re4 cent progress on some issues of concern to the United

5 States.

6 (8) Notwithstanding this, substantially more

7 progress is needed to meet the standards in the Presi8 dent’s Executive Order.

9 (9) The Chinese government’s overall human

10 rights record in 1993 fell far short of internationally

11 accepted norms as it continued to repress critics and

12 failed to control abuses by its own security forces,

13 therefore

14 (b) It is the sense of the Senate that the President of

15 the United States should use all appropriate opportunities,

16 in particular more high-level exchanges with the Chinese

17 government, to press for further concrete progress towards

18 meeting the standards for continuation of MFN status as

19 contained in the Executive Order.

20 SEC. 753. IMPLEMENTATION OF PARTNERSHIP FOR PEACE.

21 REPORT.—The President shall submit every six

22 months, beginning six months after the date of enactment

23 of this Act, a detailed report to the Senate Foreign Rela24 tions Committee, the House Foreign Affairs Committee, and

25 the House and the Senate Armed Services Committees on
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1 the implementation of the ‘‘Partnership for Peace’’ initia2 tive, including an assessment of the progress made by

3 former members of the Warsaw Treaty Organization in

4 meeting the criteria for full membership articulated in Arti5 cle 10 of the North Atlantic Treaty, wherein any other Eu6 ropean state may, by unanimous agreement, be invited to

7 accede to the North Atlantic Treaty if it is in a position

8 to further the principles of the Treaty and to contribute to

9 the security of the North Atlantic area.

10 SEC. 754. FUNDING FOR DEMOCRACY PROMOTION PRO11 GRAMS.

12 In addition to the other matters to be reviewed by the

13 commission established by this Act to study the effectiveness

14 of democracy programs funded by the United States, the

15 commission shall also undertake a review of the feasibility

16 and desirability of mandating non-United States Govern17 ment funding, including matching funds and in-kind sup18 port, for democracy promotion programs. If the commission

19 determines that mandating such non-government funding

20 is feasible and desirable it shall make recommendations re21 garding goals and procedures for implementation.

22 SEC. 755. HUMANITARIAN ACTIVITIES.

23 It is the sense of the Senate that the President should

24 not restrict informational, educational, religious, or hu25 manitarian exchanges, or exchanges for public performances
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1 or exhibitions, or travel for any such informational, edu2 cational, religious, performance, or exhibition exchanges, or

3 travel for furtherance of humanitarian activities, between

4 the United States and any other country.

5 SEC. 756. LIMITATION ON AUTHORITY TO TRANSFER EX6 CESS DEFENSE ARTICLES.

7 (a) TRANSFERS TO COUNTRIES ON THE SOUTHERN

8 AND SOUTHEASTERN FLANK OF NATO.—Section 516(b) of

9 the Foreign Assistance Act of 1961 (22 U.S.C. 2321j(b)) is

10 amended—

11 (1) by striking out ‘‘and’’ at the end of para12 graph (2);

13 (2) by striking out the period at the end of para14 graph (3) and inserting in lieu thereof ‘‘; and’’; and

15 (3) by adding at the end the following new para16 graph:

17 ‘‘(4) the President first considers the effects of the

18 transfer of the excess defense articles on the national

19 technology and industrial base, particularly the ex20 tent, if any, to which the transfer reduces the oppor21 tunities of entities in the national technology and in22 dustrial base to sell new equipment to the country or

23 countries to which the excess defense articles are

24 transferred.’’.
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1 (b) TRANSFERS TO COUNTRIES PARTICIPATING IN A

2 COMPREHENSIVE NATIONAL ANTINARCOTICS PROGRAM.—

3 Section 517(f) of the Foreign Assistance Act of 1961 (22

4 U.S.C. 2321k(f)) is amended—

5 (1) by striking out ‘‘and’’ at the end of para6 graph (2);

7 (2) by striking out the period at the end of para8 graph (3) and inserting in lieu thereof ‘‘; and’’; and

9 (3) by adding at the end the following new para10 graph:

11 ‘‘(4) the President first considers the effects of the

12 transfer of the excess defense articles on the national

13 technology and industrial base, particularly the ex14 tent, if any, to which the transfer reduces the oppor15 tunities of entities in the national technology and in16 dustrial base to sell new equipment to the country or

17 countries to which the excess defense articles are

18 transferred.’’.

19 (c) TRANSFERS TO COUNTRIES ELIGIBLE TO PARTICI20 PATE IN A FOREIGN MILITARY FINANCING PROGRAM.—Sec21 tion 519(b) of the Foreign Assistance Act of 1961 (22 U.S.C.

22 2321m(b)) is amended—

23 (1) by striking out ‘‘and’’ at the end of para24 graph (3);
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1 (2) by striking out the period at the end of para2 graph (4) and inserting in lieu thereof ‘‘; and’’; and

3 (3) by adding at the end the following new para4 graph:

5 ‘‘(5) the President first considers the effects of the

6 transfer of the excess defense articles on the national

7 technology and industrial base, particularly the ex8 tent, if any, to which the transfer reduces the oppor9 tunities of entities in the national technology and in10 dustrial base to sell new equipment to the country or

11 countries to which the excess defense articles are

12 transferred.’’.

13 (d) SALES FROM STOCK UNDER ARMS EXPORT CON14 TROL ACT.—Section 21 of the Arms Export Control Act (22

15 U.S.C. 2761) is amended by adding at the end the following

16 new subsection:

17 ‘‘(k) Before entering into the sale under this Act of de18 fense articles that are excess to the stocks of the Department

19 of Defense, the President shall first consider the effects of

20 the sale of the articles on the national technology and indus21 trial base, particularly the extent, if any, to which the sale

22 reduces the opportunities of entities in the national tech23 nology and industrial base to sell new equipment to the

24 country or countries to which the excess defense articles are

25 sold.’’.
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1 (e) LEASES UNDER ARMS EXPORT CONTROL ACT.—

2 Section 61(a) of the Arms Export Control Act (22 U.S.C.

3 2796(a)) is amended—

4 (1) by striking out ‘‘and’’ at the end of para5 graph (2);

6 (2) by redesignating paragraph (3) as para7 graph (4);

8 (3) by inserting after paragraph (2) the follow9 ing new paragraph (3):

10 ‘‘(3) the President first considers the effects of the

11 lease of the articles on the national technology and in12 dustrial base, particularly the extent, if any, to which

13 the lease reduces the opportunities of entities in the

14 national technology and industrial base to sell new

15 equipment to the country or countries to which the

16 articles are leased; and’’; and

17 (4) in the matter following paragraph (4), as re18 designated by paragraph (2) of this subsection, by

19 striking out ‘‘paragraph (3)’’ each place it appears

20 and inserting in lieu thereof ‘‘paragraph (4)’’.

21 SEC. 757. MISSILE TECHNOLOGY EXPORTS TO CERTAIN

22 MIDDLE EASTERN AND ASIAN COUNTRIES.

23 (a) EXPORTS BY UNITED STATES PERSONS.—Section

24 72 of the Arms Export Control Act (22 U.S.C. 2797a) is

25 amended—
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1 (1) by redesignating subsection (c) as subsection

2 (d); and

3 (2) by inserting after subsection (b) the follow4 ing:

5 ‘‘(c) PRESUMPTION.—In determining whether to apply

6 sanctions under subsection (a) to a United States person

7 involved in the export, transfer, or trade of an item on the

8 MTCR Annex, it shall be a rebuttable presumption that

9 such item is designed for use in a missile listed under the

10 MTCR Annex if the President determines that the final des11 tination of the item is a country the government of which

12 the Secretary of State determines, for purposes of 6(j)(1)(A)

13 of the Export Administration Act of 1979, has repeatedly

14 provided support for acts of international terrorism.’’.

15 (b) EXPORTS BY FOREIGN PERSONS.—Section 73 of

16 the Arms Export Control Act (22 U.S.C. 2797b) is amend17 ed—

18 (1) by redesignating subsections (f) and (g) as

19 subsections (g) and (h), respectively; and

20 (2) by inserting after subsection (e) the following:

21 ‘‘(f) PRESUMPTION.—In determining whether to apply

22 sanctions under subsection (a) to a foreign person involved

23 in the export, transfer, or trade of an item on the MTCR

24 Annex, it shall be a rebuttable presumption that such item

25 is designed for use in a missile listed under the MTCR
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1 Annex if the President determines that the final destination

2 of the item is a country the government of which the Sec3 retary of State determines, for purposes of 6(j)(1)(A) of the

4 Export Administration Act of 1979, has repeatedly pro5 vided support for acts of international terrorism.’’.

6 SEC. 758. CHINESE FLEEING COERCIVE POPULATION CON7 TROL POLICIES.

8 (a) In numbers not to exceed those specified in sub9 section (e), the Attorney General shall protect from

10 deportion or exclusion to the People’s Republic of China na11 tionals of the People’s Republic of China who demonstrate

12 a reasonable likelihood that they will be forced to abort a

13 pregnancy or will be subjected to forced sterilization under

14 Chinese Communist Party directives and/or government di15 rectives of the People’s Republic of China on population or

16 will suffer other severe harm for refusal to comply with such

17 directives, or who demonstrate that they have experienced

18 severe harm on account of their refusal to comply with such

19 directives.

20 (b) Nothing in this section shall be construed to pre21 clude the Attorney General from deporting or excluding any

22 national of the People’s Republic of China to the People’s

23 Republic of China if the Attorney General determines that

24 such national is inadmissible to the United States under

25 section 212(a) (2), (3), (6)(E) (if such action were taken
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1 knowingly and for gain), or (9) of the Immigration and

2 Nationality Act.

3 (c) The Attorney General shall, within 90 days of en4 actment of this section, promulgate regulations and guide5 lines to carry out the provisions of this section.

6 (d) Nothing in this section shall be construed as—

7 (1) Shifting the burden of providing, in each in8 dividual case, facts sufficient to establish a claim

9 within the scope of subsection (a) of this section from

10 any person making such claim to the Attorney Gen11 eral; or

12 (2) Requiring the Attorney General to dis13 approve such claim in the absence of proof of facts

14 sufficient to establish a claim described in subsection

15 (a) of this section by any person making such claim.

16 (e) The number of persons receiving the benefit of this

17 section shall not exceed 2,000 applicants in any fiscal year.

18 (f) The provisions of this section shall take effect on

19 the date of enactment of this Act, and relief under this sec20 tion shall be available, in numbers not to exceed those speci21 fied in subsection (e), to any national of the People’s Repub22 lic of China who is entitled to such relief under the provi23 sions of this section notwithstanding the pendency of ad24 ministrative or judicial proceedings or appeals on the date
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1 of enactment of this Act, and to any such national whose

2 claim arises on or after the date of enactment.

3 (g) A person who is not deported or excluded to the

4 People’s Republic of China pursuant to subsection (a) of

5 this section shall be entitled to the same associated benefits

6 as a person granted asylum under section 208 of the Immi7 gration and Nationality Act.

8 (h) This section does not apply to an alien who has

9 received a final conviction of an aggravated felony or who

10 has claimed the benefit of subsection (a) solely for the pur11 pose of evading the immigration laws of the United States.

12 (i) This section shall remain in effect for a period of

13 three years from its date of enactment.

14 SEC. 759. OPPOSITION TO FINANCING BY INTERNATIONAL

15 FINANCIAL INSTITUTIONS FOR COUNTRIES

16 EXPROPRIATING UNITED STATES PROPERTY.

17 (a) PROHIBITION.—The President shall instruct the

18 United States Executive Director of the International Bank

19 for Reconstruction and Development, the International De20 velopment Association, the International Finance Corpora21 tion, the Inter-American Development Bank, the African

22 Development Fund, the Asian Development Bank, the Afri23 can Development Bank, the European Bank for Reconstruc24 tion and Development, and the International Monetary
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1 Fund to vote against any loan or other utilization of the

2 funds of the bank for benefit of any country which—

3 (1) has before, on, or after the date of enactment

4 of this Act—

5 (A) nationalized or expropriated the prop6 erty of any United States person,

7 (B) repudiated or nullified any contract or

8 agreement with any United States person, or

9 (C) taken any other action (such as the im10 position of discriminatory taxes or other exac11 tions) which has the effect of seizing ownership

12 or control of the property of any United States

13 person, and

14 (2) has not, within a period of 3 years (or where

15 applicable, the period described in subsection (b)), re16 turned the property or provided adequate and effec17 tive compensation for such property in convertible

18 foreign exchange equivalent to the full value thereof,

19 as required by international law.

20 (b) EXTENDED PERIOD FOR COMPENSATION IN THE

21 CASE OF NEWLY DEMOCRATIC GOVERNMENTS.—In the case

22 of a democratically elected foreign government that had

23 been a totalitarian or authoritarian government at the time

24 of the action described in subsection (a)(1), the 3-year pe25 riod described in subsection (a)(2) shall be deemed to have
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1 begun as of the date of the installation of the democratically

2 elected government.

3 (c) EXCEPTED COUNTRIES AND TERRITORIES.—This

4 section shall not apply to any country established by inter5 national mandate through the United Nations or to any

6 territory recognized by the United States Government to be

7 in dispute.

8 (d) REPORTING REQUIREMENT.—Not later than 90

9 days after the date of enactment of this Act, and every 180

10 days thereafter, the President shall transmit to the Speaker

11 of the House of Representatives and to the Committee on

12 Foreign Relations of the Senate, a report containing the

13 following:

14 (1) A list of all countries against which United

15 States persons have outstanding expropriation claims.

16 (2) The total number of outstanding expropria17 tion claims made by United States persons against

18 any foreign country.

19 (3) The period of time in which each claim has

20 been outstanding.

21 (4) A description on a case-by-case basis of each

22 effort made by the United States Government, or the

23 country in which the expropriation claim has been

24 made, to return the property or provide adequate and

25 effective compensation for such property.
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1 (5) Each project a United States Executive Di2 rector voted against as a result of the action described

3 in subsection (a).

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

5 term ‘‘United States person’’ means a United States citizen

6 or corporation, partnership, or association at least 50 per7 cent beneficially owned by United States citizens.

8 (f) WAIVER.—The President may waive the prohibi9 tion in subsection (a) if he determines and so notifies Con10 gress that—

11 (1) it is in the national interest to do so and

12 such determination must be made on a country by

13 country basis every 180 days; or

14 (2) the parties have submitted the dispute to ar15 bitration under rules of the Convention for the Settle16 ment of Investment Disputes.

17 SEC. 760. REPORT ON DISMANTLEMENT OF NUCLEAR WEAP18 ONS OF THE FORMER SOVIET UNION.

19 (a) REPORT.—In the report required by section 1207

20 of title XII of Public Law 103–160 and due on April 30,

21 1994, to be submitted the President, as prepared by the Sec22 retaries of State and Defense in consultation with the Arms

23 Control and Disarmament Agency and the Central Intel24 ligence Agency, shall include the following:
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1 (1) The anticipated timetable for dismantlement

2 of former Soviet Union nuclear and chemical weapons

3 and the status of stocks and production capacity in

4 the Russian Federation, Ukraine, Kazakhstan and

5 Belarus and how appropriated funds are being used

6 to effect this purpose;

7 (2) The cost of each activity carried out to date,

8 as well as each projected activity;

9 (3) The United States agency or host country

10 agency responsible for each element of the project;

11 (4) Obstacles that might hinder the effective use

12 of United States funds in dismantling nuclear and

13 chemical weapons in each of the four nuclear repub14 lics of the former Soviet Union and recommendations

15 for overcoming these obstacles;

16 (5) The specific impact of United States funds

17 on the pace and quality of nuclear and chemical

18 weapons dismantlement in each of the four republics;

19 (6) A classified appendix detailing actual reduc20 tion in weapons and capabilities as a result of the

21 expendature of United States funds.

22 SEC. 761. REPORT ON SANCTIONS ON VIETMAN.

23 Not later than 30 days after any action to modify or

24 terminate any prohibition, restriction, condition or limita25 tion on transaction involving commercial sale of any good
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1 or technology to the Socialist Republic of Vietnam, or in2 volving the importation into the United States of goods or

3 services of Vietnamese origin, in effect as of January 27,

4 1994 under the Act of October 6, 1917 (40 Stat. 411 et seq.)

5 as amended, the President shall submit a report, taking into

6 account information available to the United States Govern7 ment, to the Senate and the House of Representatives on

8 achieving the fullest possible accounting of United States

9 personnel unaccounted for from the Vietnam War, includ10 ing—

11 (1) Progress on recovering and repatriating

12 American remains from Vietnam;

13 (2) Progress on resolution of discrepancy cases;

14 (3) the status of Vietnamese cooperation in im15 plementing trilateral investigations with Laos; and

16 (4) Progress on accelerated efforts to obtain all

17 POW/MIA related documents from Vietnam.

18 SEC. 762. COORDINATOR FOR COUNTER-TERRORISM.

19 (a) ESTABLISHMENT.—There shall be within the De20 partment of State a Coordinator for Counter-Terrorism

21 (hereafter in this section referred to as the ‘‘Coordinator’’)

22 who shall be appointed by the President.

23 (b) RESPONSIBILITIES.—(1) The Coordinator shall

24 perform such duties and exercise such power as the Sec25 retary of State shall prescribe.
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1 (2) The Coordinator shall have as his principal duty

2 the overall supervision (including oversight of policy and

3 resources) of counter-terrorism activities of the Department

4 of State. The Coordinator shall be the principal advisor to

5 the Secretary of State on counter-terrorism matters and

6 (after the Secretary, Deputy Secretary, and the appropriate

7 Under Secretary) shall be the principal counter-terrorism

8 official within the senior management of the Department

9 of State.

10 (c) RANK AND STATUS.—The Coordinator shall have

11 the rank and status of an Assistant Secretary. The Coordi12 nator shall be compensated at the annual rate of basic pay

13 in effect for a position at level IV of the Executive Schedule

14 under section 5314 of title 5, United States Code.

15 (d) SENSE OF THE SENATE.—It is the sense of the Sen16 ate that there shall be in the Department of State a Deputy

17 Assistant Secretary of State with the rank of ambassador

18 whose sole responsibility shall be the day-to-day manage19 ment of counter-terrorism activities in the Department of

20 State.

21 SEC. 763. POLICY REGARDING THE RELATIONSHIP OF THAI22 LAND WITH ITS NEIGHBORS STRUGGLING

23 FOR DEMOCRACY, CAMBODIA AND BURMA.

24 (a) FINDINGS.—Congress finds that—
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1 (1) the Government of Thailand is to be com2 mended for its return to democracy and its commit3 ment to representative government;

4 (2) the United States-Thai security relationship

5 is a cornerstone of the Association of Southeast Asian

6 Nations (ASEAN) and a key to stability in Southeast

7 Asia;

8 (3) Cambodia, Thailand’s neighbor to the East,

9 is struggling to prevent violence from disrupting the

10 creation of a democratic state;

11 (4) the cooperation of Thailand in implementing

12 the Paris Peace Accords was instrumental in assist13 ing Cambodians to achieve their goal of political rec14 onciliation;

15 (5) Peace in Cambodia promotes stability in

16 Southeast Asia and the continued cooperation of

17 Thailand in bringing lasting peace to that nation is

18 vital. That peace is threatened by the Khmer Rouge,

19 which has attempted to violently disrupt the Cam20 bodian effort to institute an elected government.

21 (6) The Government of Thailand is commended

22 for the steps it has taken to discontinue the Thai rela23 tionship with the Khmer Rouge, and in particular its

24 adherence to United Nations sanctions on timber and
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1 petroleum trade between Thailand and Khmer con2 trolled areas of Cambodia.

3 (7) Prime Minister Chuan Leekpai and the Com4 mander-in-Chief of the Thai military, Wimol

5 Wongawanich, have publicly enunciated a policy of

6 non-support for the Khmer Rouge. Furthermore,

7 Prime Minister Chuan has demonstrated considerable

8 support for the freely elected Government of Cam9 bodia.

10 (8) The extent to which the Government of Thai11 land permits trade and particularly military contact

12 with the armed opposition to the newly elected Cam13 bodian government, directly impact the prospects for

14 peace and political reconciliation in Cambodia.

15 (9) Congress is concerned that elements of the

16 Thai military and companies with close links to the

17 Thai military, continue to operate against the will

18 and policy of the government to support the Khmer

19 Rouge.

20 (10) Congress is concerned that the Clinton Ad21 ministration has not articulated its position regard22 ing United States policy toward Burma.

23 (11) The Senate unanimously declared in S. Res.

24 112 that it does not recognize the military junta in

25 Burma known as the State Law and Order Restora-
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1 tion Council (referred to as the ‘‘SLORC’’), since the

2 people of Burma gave the National League for Democ3 racy a clear victory in the election of May 27, 1990.

4 (12) Nobel Peace Prize winner Daw Aung San

5 Suu Kyi, a leader of the National League for Democ6 racy, has been under house arrest since July 1989.

7 Many of her colleagues who were able to escape im8 prisonment or death have taken refuge in Thailand,

9 where they have organized to work peacefully to bring

10 democracy to Burma.

11 (13) The Government of Thailand should be

12 praised for providing safe haven to the many Bur13 mese forced to flee the brutal repression of the SLORC

14 regime. Despite pressure from the SLORC, Thailand

15 has allowed those groups to operate within its borders,

16 and has granted visas for international travel.

17 (14) Congress is concerned by reports that the

18 Government of Thailand may adopt more restrictive

19 policies towards the Burmese have raised considerable

20 concern. In particular, Congress is concerned by re21 ports that Dr. Sein Win and other Burmese dissidents

22 may not be allowed to return from their trip to the

23 United States and to the United Nations to secure

24 support for their democratic aspirations.
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1 (15) Congress is deeply interested in seeing the

2 peaceful transition of power to those elected in 1990.

3 Aung San Suu Kyi and other senior National League

4 for Democracy leaders imprisoned in Burmese jails,

5 are unable to conduct political activity inside Burma

6 and have never been allowed to take their elected posi7 tions. Those who were able to escape must rely on

8 Thailand’s continued hospitality.

9 (16) in recent years there has been an increase

10 in the number of Burmese women and girls con11 scripted into Thai brothels. Human Rights Watch has

12 recently issued a report documenting the problems

13 faced by these women. Many of these Burmese become

14 virtual slaves, with no way to escape the brothels

15 where they are kept. When these prostitution rings

16 have been broken up by Thai authorities, often those

17 forced into prostitution are detained in jails, or de18 ported to Burma where they are arrested for prostitu19 tion, further victimizing them, and

20 (17) in 1992, Thai Prime Minister Chuan

21 Leekpai pledged to crack down on official involvement

22 in forced and child prostitution. Congress welcomes

23 the Government of Thailand’s efforts to eliminate

24 forced prostitution. However, Thai border officials

25 and police are reportedly involved in the transport of
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1 these women from Burma, and at times, directly in

2 the brothel operations.

3 (b) SENSE OF THE CONGRESS.—It is the Sense of the

4 Congress that—

5 (1) the Government of Thailand should continue

6 and must intensify its efforts to end the relationship

7 between the Khmer Rouge and the Thai military;

8 (2) the President of the United States should

9 convey to the Government of Thailand American con10 cern over renegade Thai military support for the

11 Khmer Rouge;

12 (3) the President should adopt the policies called

13 for in S. Res. 112 and to clearly enunciate policy

14 with respect to Burma;

15 (4) the Government of Thailand should continue

16 to allow the democratic leaders of Burma to operate

17 freely within Thailand and to grant them free pas18 sage to allow them to present their case to the world

19 at the United Nations and other international gather20 ings; and

21 (5) the Government of Thailand is further urged

22 to prosecute those responsible for the trafficking,

23 forced labor and physical and sexual abuse of women.

24 If Thai officials are found to be involved, they should

25 be prosecuted to the fullest extent of the law. In addi-
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1 tion, the Government of Thailand should protect the

2 civil and human rights of Burmese women and re3 frain from their further victimization.

4 SEC. 764. SEWAGE TREATMENT ALONG THE UNITED

5 STATES-MEXICO BORDER.

6 (a) DEFINITIONS.—As used in this section:

7 (1) COMMISSIONER.—The term ‘‘Commissioner’’

8 means the United States Commissioner of the Inter9 national Boundary and Water Commission.

10 (2) CONSTRUCTION.—The term ‘‘construction’’

11 has the meaning provided the term under section

12 212(1) of the Federal Water Pollution Control Act (33

13 U.S.C. 1292(1)).

14 (3) TREATMENT WORKS.—The term ‘‘treatment

15 works’’ has the meaning provided the term under sec16 tion 212(2) of the Federal Water Pollution Control

17 Act (33 U.S.C. 1292(2)).

18 (b) AGREEMENTS TO CORRECT POLLUTION.—

19 (1) IN GENERAL.—The Secretary of State, acting

20 through the Commissioner, may enter into an agree21 ment with the appropriate representative of the Min22 istry of Foreign Relations of Mexico to address the

23 international problems related to pollution caused by

24 the discharge of raw and inadequately treated sewage

25 originating in the Republic of Mexico to waters which
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1 form or cross the boundary between the United States

2 and Mexico.

3 (2) CONTENTS OF AGREEMENTS.—An agreement

4 entered into under paragraph (1) shall consist of rec5 ommendations to the appropriate officials of the Fed6 eral Government and the Government of Mexico con7 cerning measures to protect the health and welfare of

8 individuals from adverse effects of the pollution re9 ferred to in paragraph (1), including recommenda10 tions concerning—

11 (A) whether treatment works should be con12 structed, operated, and maintained in Mexico or

13 the United States;

14 (B) estimates of the cost of the planning,

15 construction, operation, and maintenance of the

16 treatment works referred to in subparagraph (A);

17 (C) formulas for the initial allocation of

18 costs between the United States and Mexico with

19 respect to the planning, construction, operation,

20 and maintenance of the treatment works referred

21 to in subparagraph (A);

22 (D) a method for the review and adjustment

23 of the formulas recommended under subpara24 graph (C), not later than 5 years after the date

25 of issuance of the formulas, and every 5 years
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1 thereafter, that recognizes that the initial for2 mulas should not be used as a precedent with re3 spect to a subsequent review and adjustment car4 ried out pursuant to this subparagraph; and

5 (E) an estimated time period for the con6 struction of a treatment works referred to in sub7 paragraph (A).

8 (c) AUTHORITY OF SECRETARY OF STATE TO PLAN,

9 CONSTRUCT, OPERATE, AND MAINTAIN FACILITIES.—The

10 Secretary of State, acting through the Commissioner, may

11 act jointly with the appropriate representative of the Gov12 ernment of Mexico to supervise—

13 (1) the planning of; and

14 (2) the construction, operation, and maintenance

15 of,

16 the treatment works recommended in an agreement entered

17 into pursuant to subsection (b)(1).

18 (d) CONSULTATION WITH THE ADMINISTRATOR AND

19 OTHER OFFICIALS.—In carrying out subsection (b), the

20 Secretary shall consult with the Administrator and other

21 appropriate officials of the Federal Government, and appro22 priate officials of the governments of States and political

23 subdivisions of States.

24 (e) ANNUAL REPORT.—
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1 (1) IN GENERAL.—Not later than 90 days after the

2 date of termination of each fiscal year, the Secretary of

3 State, acting through the Commissioner, shall prepare and

4 submit to the President, the Speaker of the House of Rep5 resentatives, and the Majority Leader of the Senate an an6 nual report concerning the activities of the International

7 Boundary and Water Commission in carrying out the re8 sponsibilities of the Secretary of State pursuant to this sec9 tion.

10 (2) CONTENTS.—The report required under paragraph

11 (1) shall include—

12 (A) a summary of the activities of the Commis13 sion during the fiscal year;

14 (B) a review of the problems related to pollution

15 caused by the discharge of raw and inadequately

16 treated sewage from the Republic of Mexico to the wa17 ters which form or cross the boundary between the

18 United States and Mexico;

19 (C) a summary of the progress made by the

20 Commissioner during the fiscal year in entering into

21 agreement pursuant to subsection (b)(1);

22 (D) a summary of the progress made toward ful23 filling the recommendations included in an agreement

24 referred to in subparagraph (C);
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1 (E) a summary of any actions taken by the

2 Commissioner to plan, construct, operate, and main3 tain treatment works pursuant to this section;

4 (F) a summary of the consultations made by the

5 Commissioner pursuant to subsection (e);

6 (G) recommendations that the Commissioner de7 termines will be beneficial in correcting pollution

8 caused by the discharge of raw and inadequately

9 treated sewage from the Republic of Mexico to waters

10 which form or cross the boundary between the United

11 States and Mexico; and

12 (H) such other information as the Commissioner

13 determines is necessary or appropriate.

14 (f) AUTHORIZATION OF APPROPRIATIONS.—

15 (1) there is authorized to be appropriated to the

16 Secretary of State such sums as may be necessary to

17 support agreements concluded pursuant to subsection

18 (b).

19 (2) nothing in this section authorizes funds ap20 propriated pursuant to the fiscal year 1994 appro21 priations bill for the Departments of Veterans Affairs,

22 Housing and Urban Development, and Independent

23 Agencies (Public Law 103–124).
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1 TITLE VIII—ARMS CONTROL AND

2 NONPROLIFERATION ACT OF

3 1994–

4 SEC. 801. SHORT TITLE; REFERENCES IN ACT; TABLE OF

5 CONTENTS.

6 (a) SHORT TITLE.—This title may be cited as the

7 ‘‘Arms Control and Nonproliferation Act of 1994’’.

8 (b) REFERENCES IN TITLE.—Except as specifically

9 provided in this title, whenever in this title an amendment

10 or repeal is expressed as an amendment to or repeal of a

11 provision, the reference shall be deemed to be made to the

12 Arms Control and Disarmament Act.

13 SEC. 802. CONGRESSIONAL DECLARATIONS; PURPOSE.

14 (a) CONGRESSIONAL DECLARATIONS.—The Congress

15 declares that—

16 (1) a fundamental goal of the United States,

17 particularly in the wake of the highly turbulent and

18 uncertain international situation fostered by the end

19 of the Cold War, the disintegration of the Soviet

20 Union and the resulting emergence of fifteen new

21 independent states, and the revolutionary changes in

22 Eastern Europe, is to eliminate chemical and biologi23 cal weapons and to reduce and limit the large num24 bers of nuclear weapons in the former Soviet Union

25 and, more generally, to prevent the proliferation of
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1 weapons of mass destruction and their means of deliv2 ery, and of high-technology conventional armaments

3 as well as to prevent regional conflicts and conven4 tional arms races; and

5 (2) an ultimate goal of the United States contin6 ues to be a world in which the use of force is subordi7 nated to the rule of law and international change is

8 achieved peacefully without the danger and burden of

9 destabilizing and costly armaments.

10 (b) PURPOSE.—The purpose of this title is—

11 (1) to strengthen the United States Arms Control

12 and Disarmament Agency; and

13 (2) to improve congressional oversight of the

14 arms control, nonproliferation, and disarmament ac15 tivities of the United States Arms Control and Disar16 mament Agency.

17 SEC. 803. PURPOSES.

18 Section 2 (22 U.S.C. 2551) is amended in the text fol19 lowing the third undesignated paragraph by striking para20 graphs (a), (b), (c), and (d) and by inserting the following

21 new paragraphs:

22 ‘‘(1) The preparation for and management of

23 United States participation in international negotia24 tions and implementation fora in the arms control

25 and disarmament field.
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1 ‘‘(2) When directed by the President, the prepa2 ration for, and management of, United States partici3 pation in international negotiations and implementa4 tion fora in the nonproliferation field.

5 ‘‘(3) The conduct, support, and coordination of

6 research for arms control, nonproliferation, and dis7 armament policy formulation.

8 ‘‘(4) The preparation for, operation of, or, as ap9 propriate, direction of, United States participation in

10 such control systems as may become part of United

11 States arms control, nonproliferation, and disar12 mament activities.

13 ‘‘(5) The dissemination and coordination of pub14 lic information concerning arms control, non15 proliferation, and disarmament.’’.

16 SEC. 804. REPEALS.

17 The following provisions of law are hereby repealed:

18 (1) Section 26 (22 U.S.C. 2566), relating to the

19 General Advisory Committee.

20 (2) Section 36 (22 U.S.C. 2578), relating to

21 arms control impact information and analysis.

22 (3) Section 38 (22 U.S.C. 2578), relating to re23 ports on Standing Consultative Commission activi24 ties.
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1 (4) Section 1002 of the Department of Defense

2 Authorization Act, 1986 (22 U.S.C. 2592a), relating

3 to an annual report on Soviet compliance with arms

4 control commitments.

5 SEC. 805. DIRECTOR.

6 Section 22 (22 U.S.C. 2562) is amended to read as

7 follows:

8 ‘‘DIRECTOR

9 ‘‘SEC. 22. (a) APPOINTMENT.—The Agency shall be

10 headed by a Director appointed by the President, by and

11 with the advice and consent of the Senate. No person serving

12 on active duty as a commissioned officer of the Armed

13 Forces of the United States may be appointed Director.

14 ‘‘(b) DUTIES.—(1) The Director shall serve as the

15 principal adviser to the Secretary of State, the National

16 Security Council, and the President and other executive

17 branch Government officials on matters relating to arms

18 control, nonproliferation, and disarmament matters. In

19 carrying out his duties under this Act, the Director, under

20 the direction of the President and the Secretary of State,

21 shall have primary responsibility within the Government

22 for matters relating to arms control and disarmament, and,

23 whenever directed by the President, primary responsibility

24 within the Government for matters relating to nonprolifera25 tion.
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1 ‘‘(2) The Director shall attend all meetings of the Na2 tional Security Council involving weapons procurement,

3 arms sales, consideration of the defense budget, and all arms

4 control, nonproliferation, and disarmament matters.’’.

5 SEC. 806. BUREAUS, OFFICES, AND DIVISIONS.

6 Section 25 (22 U.S.C. 2565) is amended to read as

7 follows:

8 ‘‘SEC. 25. BUREAUS, OFFICES, AND DIVISIONS.

9 ‘‘The Director, under the direction of the Secretary of

10 State, may establish within the Agency such bureaus, of11 fices, and divisions as he may determine to be necessary

12 to discharge his responsibilities pursuant to this Act, in13 cluding a bureau of intelligence and information support

14 and an office to perform legal services for the Agency.’’.

15 SEC. 807. PRESIDENTIAL SPECIAL REPRESENTATIVES.

16 (a) Sections 27 and 28 (22 U.S.C. 2567, 2568) are

17 redesignated as sections 26 and 27, respectively.

18 (b) Section 26 (as redesignated by subsection (a)) is

19 amended to read as follows:

20 ‘‘PRESIDENTIAL SPECIAL REPRESENTATIVES

21 ‘‘SEC. 26. The President may appoint, by and with

22 the advice and consent of the Senate, Special Representa23 tives of the President for Arms Control, Nonproliferation,

24 and Disarmament. Each Presidential Special Representa25 tive shall hold the personal rank of ambassador. Presi26 dential Special Representatives appointed under this sec-
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1 tion shall perform their duties and exercise their powers

2 under direction of the President and the Secretary of State,

3 acting through the Director. The Agency shall be the Gov4 ernment agency responsible for providing administrative

5 support, including funding, staff, and office space, to all

6 Presidential Special Representatives.’’.

7 SEC. 808. POLICY FORMULATION.

8 Section 33 (22 U.S.C. 2573) is amended to read as

9 follows:

10 ‘‘POLICY FORMULATION

11 ‘‘SEC. 33. (a) FORMULATION.—The Director shall pre12 pare for the President, the Secretary of State, and the heads

13 of such other Government agencies as the President may

14 determine, recommendations and advice concerning United

15 States arms control, nonproliferation, and disarmament

16 policy.

17 ‘‘(b) PROHIBITION.—No action shall be taken pursuant

18 to this or any other Act that would obligate the United

19 States to reduce or limit the Armed Forces or armaments

20 of the United States in a militarily significant manner,

21 except pursuant to the treaty-making power of the President

22 set forth in Article II, Section 2, Clause 2 of the Constitu23 tion or unless authorized by the enactment of further af24 firmative legislation by the Congress of the United States.’’.
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1 SEC. 809. NEGOTIATION MANAGEMENT.

2 Section 34 (22 U.S.C. 2574) is amended to read as

3 follows:

4 ‘‘NEGOTIATION MANAGEMENT

5 ‘‘SEC. 34. (a) RESPONSIBILITIES.—The Director,

6 under the direction of the President and the Secretary of

7 State, shall have primary responsibility for the prepara8 tion, conduct, and management of United States participa9 tion in all international negotiations and implementation

10 fora in the field of arms control and disarmament and shall

11 have primary responsibility, whenever directed by the

12 President, for the preparation, conduct, and management

13 of United States participation in international negotia14 tions and implementation fora in the field of nonprolifera15 tion. In furtherance of these responsibilities Special Rep16 resentatives of the President for Nonproliferation, estab17 lished pursuant to section 26, shall, as directed by the Presi18 dent, serve as the United States Government representatives

19 to international organizations, conferences, and activities

20 relating to the field of nonproliferation, such as the prep21 arations for and conduct of the review relating to the Treaty

22 on the Non-Proliferation of Nuclear Weapons.

23 ‘‘(b) FUNCTIONS WITH RESPECT TO THE UNITED

24 STATES INFORMATION AGENCY.—The Director shall per25 form functions pursuant to section 2(c) of the Reorganiza26 tion Plan 8 of 1953 with respect to providing to the United
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1 States Information Agency official United States positions

2 and policy on arms control, nonproliferation, and disar3 mament matters for dissemination abroad.

4 ‘‘(c) AUTHORITY.—The Director is authorized—

5 ‘‘(1) to formulate plans and make preparations

6 for the establishment, operation, and funding of in7 spections and control systems which may become part

8 of the United States arms control, nonproliferation,

9 and disarmament activities; and

10 ‘‘(2) as authorized by law, to put into effect, di11 rect, or otherwise assume United States responsibility

12 for such systems.’’.

13 SEC. 810. REPORT ON MEASURES TO COORDINATE RE14 SEARCH AND DEVELOPMENT.

15 Not later than March 31, 1995, the President shall sub16 mit to the Congress a report prepared by the Director of

17 the United States Arms Control and Disarmament Agency,

18 in coordination with the Secretary of State, the Secretary

19 of Defense, the Secretary of Energy, the Chairman of the

20 Joint Chiefs of Staff, and the Director of Central Intel21 ligence, with respect to the procedures established pursuant

22 to section 35 of the Arms Control and Disarmament Act

23 (22 U.S.C. 2575) for the effective coordination of research

24 and development on arms control, nonproliferation, and
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1 disarmament among all departments and agencies of the

2 executive branch of Government.

3 SEC. 811. NEGOTIATING RECORDS.

4 (a) IN GENERAL.—The Arms Control and Disar5 mament Act is amended by inserting after section 35 the

6 following:

7 ‘‘NEGOTIATING RECORDS

8 ‘‘SEC. 36. (a) PREPARATION OF RECORDS.—The Di9 rector shall establish and maintain records for each arms

10 control, nonproliferation, and disarmament agreement to

11 which the United States is a party and which was under

12 negotiation or in force on or after January 1, 1990, which

13 shall include classified and unclassified materials such as

14 instructions and guidance, position papers, reporting cables

15 and memoranda of conversation, working papers, draft

16 texts of the agreement, diplomatic notes, notes verbal, and

17 other internal and external correspondence.

18 ‘‘(b) NEGOTIATING AND IMPLEMENTATION

19 RECORDS.—In particular, the Director shall establish and

20 maintain a negotiating and implementation record for each

21 such agreement, which shall be comprehensive and detailed,

22 and shall document all communications between the parties

23 with respect to such agreement. Such records shall be main24 tained both in hard copy and magnetic media.

25 ‘‘(c) PARTICIPATION OF AGENCY PERSONNEL.—In

26 order to implement effectively this section, the Director shall
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1 ensure that Agency personnel participate throughout the ne2 gotiation and implementation phases of all arms control,

3 nonproliferation, and disarmament agreements.’’.

4 (b) REPORT REQUIRED.—Not later than January 31,

5 1995, the Director of the United States Arms Control and

6 Disarmament Agency shall submit to the Speaker of the

7 House of Representatives and to the chairman of the Com8 mittee on Foreign Relations of the Senate a detailed report

9 describing the actions he has undertaken to implement sec10 tion 36 of the Arms Control and Disarmament Act.

11 SEC. 812. VERIFICATION OF COMPLIANCE.

12 Section 37 (22 U.S.C. 2577) is amended to read as

13 follows:

14 ‘‘VERIFICATION OF COMPLIANCE

15 ‘‘SEC. 37. (a) IN GENERAL.—In order to ensure that

16 arms control, nonproliferation, and disarmament agree17 ments can be adequately verified, the Director shall report

18 to Congress, on a timely basis, or upon request by an appro19 priate committee of the Congress—

20 ‘‘(1) in the case of any arms control, non21 proliferation, or disarmament agreement that has

22 been concluded by the United States, the determina23 tion of the Director as to the degree to which the com24 ponents of such agreement can be verified;

25 ‘‘(2) in the case of any arms control, non26 proliferation, or disarmament agreement that has en-
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1 tered into force, any significant degradation or alter2 ation in the capacity of the United States to verify

3 compliance of the components of such agreement; and

4 ‘‘(3) the amount and percentage of research

5 funds expended by the Agency for the purpose of ana6 lyzing issues relating to arms control, nonprolifera7 tion, and disarmament verification.

8 ‘‘(b) STANDARD FOR VERIFICATION OF COMPLIANCE.—

9 In making determinations under paragraphs (1) and (2)

10 of subsection (a), the Director shall assume all measures of

11 concealment not expressly prohibited could be employed and

12 that standard practices could be altered so as to impede

13 verification.

14 ‘‘(c) RULE OF CONSTRUCTION.—Except as otherwise

15 provided for by law, nothing in this section may be con16 strued as requiring the disclosure of sensitive information

17 relating to intelligence sources or methods or persons em18 ployed in the verification of compliance with arms control,

19 nonproliferation, and disarmament agreements.

20 ‘‘(d) PARTICIPATION OF THE AGENCY.—In order to en21 sure adherence of the United States to obligations or com22 mitments undertaken in arms control, nonproliferation,

23 and disarmament agreements, and in order for the Director

24 to make the assessment required by section 51(a)(5), the Di25 rector, or the Director’s designee, shall participate in all
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1 interagency groups or organizations within the executive

2 branch of Government that assess, analyze, or review

3 United States planned or ongoing policies, programs, or ac4 tions that have a direct bearing on United States adherence

5 to obligations undertaken in arms control, nonproliferation,

6 or disarmament agreements.’’.

7 SEC. 813. AUTHORITIES WITH RESPECT TO NONPROLIFERA8 TION MATTERS.

9 (a) AMENDMENTS TO THE ARMS EXPORT CONTROL

10 ACT.—(1) Section 38(a)(2) of the Arms Export Control Act

11 (22 U.S.C. 2778(a)(2)) is amended to read as follows:

12 ‘‘(2) Decisions on issuing export licenses under this

13 section shall be made in coordination with the Director of

14 the United States Arms Control and Disarmament Agency,

15 taking into account the Director’s assessment as to whether

16 the export of an article would contribute to an arms race,

17 support international terrorism, increase the possibility of

18 outbreak or escalation of conflict, or prejudice the develop19 ment of bilateral or multilateral arms control or non20 proliferation agreements or other arrangements. The Direc21 tor of the Arms Control and Disarmament Agency is au22 thorized, whenever the Director determines that the issuance

23 of an export license under this section would be detrimental

24 to the national security of the United States, to recommend

25 to the President that such export license be disapproved.’’.
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1 (2) Section 42(a) of such Act (22 U.S.C. 2791(a)) is

2 amended—

3 (A) by redesignating clauses (1), (2), and (3) as

4 clauses (A), (B), and (C), respectively;

5 (B) by inserting ‘‘(1)’’ immediately after ‘‘(a)’’;

6 (C) by amending clause (C) (as redesignated) to

7 read as follows:

8 ‘‘(C) the assessment of the Director of the United

9 States Arms Control and Disarmament Agency as to

10 whether, and the extent to which, such sale might con11 tribute to an arms race, support international terror12 ism, increase the possibility of outbreak or escalation

13 of conflict, or prejudice the development of bilateral or

14 multilateral arms control or nonproliferation agree15 ments or other arrangements;’’; and

16 (D) by adding at the end the following:

17 ‘‘(2) Any proposed sale made pursuant to this Act shall

18 be approved only after consultation with the Director of the

19 United States Arms Control and Disarmament Agency. The

20 Director of the Arms Control and Disarmament Agency is

21 authorized, whenever the Director determines that a sale

22 under this section would be detrimental to the national se23 curity of the United States, to recommend to the President

24 that such sale be disapproved.’’.
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1 (3) Section 71(a) of such Act (22 U.S.C. 2797(a)) is

2 amended by inserting ‘‘and the Director of the Arms Con3 trol and Disarmament Agency’’ after ‘‘The Secretary of De4 fense’’.

5 (4) Section 71(b)(1) of such Act (22 U.S.C. 2797(b)(1))

6 is amended by inserting ‘‘and the Director of the United

7 States Arms Control and Disarmament Agency’’ after ‘‘Sec8 retary of Defense’’.

9 (5) Section 71(b)(2) of such Act (22 U.S.C. 2797(b)(2))

10 is amended by inserting ‘‘and the Director of the United

11 States Arms Control and Disarmament Agency’’ after ‘‘The

12 Secretary of Commerce’’.

13 (6) Section 71(c) of such Act (22 U.S.C. 2797(c)) is

14 amended by inserting ‘‘to include the Director of the Arms

15 Control and Disarmament Agency’’ after ‘‘other appro16 priate Government agencies’’.

17 (7) Section 73(d) of such Act (22 U.S.C. 2797(d)) is

18 amended by inserting ‘‘and the Director of the United

19 States Arms Control and Disarmament Agency’’ after ‘‘The

20 Secretary of Commerce’’.

21 (b) AMENDMENT TO THE NUCLEAR NON-PROLIFERA22 TION ACT.—Section 309(c) of the Nuclear Non-Proliferation

23 Act of 1978 (42 U.S.C. 2139(a)) is amended in the second

24 sentence by striking out ‘‘, as required,’’.
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1 SEC. 814. APPOINTMENT AND COMPENSATION OF PERSON2 NEL.

3 Section 41(b) (22 U.S.C. 2581(b)) is amended by strik4 ing all that follows ‘‘General Schedule pay rates,’’ and in5 serting in lieu thereof ‘‘except that—

6 ‘‘(1) the Director may, to the extent the Director

7 determines necessary, appoint in the excepted service,

8 and fix the compensation of, employees possessing spe9 cialized technical expertise without regard to provi10 sions of title 5, United States Code, governing ap11 pointment or compensation of employees of the United

12 States,

13 ‘‘(2) an employee who is appointed under this

14 provision may not be paid a salary in excess of the

15 rate payable for positions of equivalent difficulty or

16 responsibility, and in no event, may be paid at a rate

17 exceeding the maximum rate in effect for level 15 of

18 the General Schedule, and

19 ‘‘(3) the number of employees appointed under

20 this paragraph shall not exceed ten percent of the

21 number of positions allowed under the Agency’s full22 time equivalent limitation.’’.

23 SEC. 815. SECURITY REQUIREMENTS.

24 Section 45(a) (22 U.S.C. 2585) is amended in the

25 third sentence—
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1 (1) by inserting ‘‘or employed directly from other

2 Government agencies’’ after ‘‘persons detailed from

3 other Government agencies’’; and

4 (2) by striking ‘‘by the Department of Defense or

5 the Department of State’’ and inserting ‘‘by such

6 agencies’’.

7 SEC. 816. ANNUAL REPORT TO CONGRESS; AUTHORIZATION

8 OF APPROPRIATIONS.

9 (a) IN GENERAL.—Title IV of the Arms Control and

10 Disarmament Act is amended—

11 (1) by striking sections 49 and 50;

12 (2) by redesignating sections 51 and 53 as sec13 tions 49 and 50, respectively; and

14 (3) by inserting after section 50 (as redesignated

15 by paragraph (2)) the following new sections:

16 ‘‘ANNUAL REPORT TO CONGRESS

17 ‘‘SEC. 51. (a) IN GENERAL.—Not later than January

18 31 of each year, the President shall submit to the Speaker

19 of the House of Representatives and to the chairman of the

20 Committee on Foreign Relations of the Senate a report pre21 pared by the Director, in consultation with the Secretary

22 of State, the Secretary of Defense, the Secretary of Energy,

23 the Chairman of the Joint Chiefs of Staff, and Director of

24 Central Intelligence, on the status of United States policy

25 and actions with respect to arms control, nonproliferation,

26 and disarmament. Such report shall include—
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1 ‘‘(1) a detailed statement concerning the arms

2 control and disarmament objectives of the executive

3 branch of Government for the forthcoming year;

4 ‘‘(2) a detailed statement concerning the non5 proliferation objectives of the executive branch of Gov6 ernment for the forthcoming year;

7 ‘‘(3) a detailed assessment of the status of any

8 ongoing arms control or disarmament negotiations,

9 including a comprehensive description of negotiations

10 or other activities during the preceding year and an

11 appraisal of the status and prospects for the forthcom12 ing year;

13 ‘‘(4) a detailed assessment of the status of any

14 ongoing nonproliferation negotiations or other activi15 ties, including a comprehensive description of the ne16 gotiations or other activities during the preceding

17 year and an appraisal of the status and prospects for

18 the forthcoming year;

19 ‘‘(5) a detailed assessment of adherence of the

20 United States to obligations undertaken in arms con21 trol, nonproliferation, and disarmament agreements,

22 including information on the policies and organiza23 tion of each relevant agency or department of the

24 United States to ensure adherence to such obligations,

25 a description of national security programs with a
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1 direct bearing on questions of adherence to such obli2 gations and of steps being taken to ensure adherence,

3 and a compilation of any substantive questions raised

4 during the preceding year and any corrective action

5 taken; and

6 ‘‘(6) a detailed assessment of the adherence of

7 other nations to obligations undertaken in all arms

8 control, nonproliferation, and disarmament agree9 ments to which the United States is a participating

10 state, including information on actions taken by each

11 nation with regard to the size, structure, and disposi12 tion of its military forces in order to comply with

13 arms control, nonproliferation, or disarmament agree14 ments, and shall include, in the case of each agree15 ment about which compliance questions exist—

16 ‘‘(A) a description of each significant issue

17 raised and efforts made and contemplated with

18 the other participating state to seek resolution of

19 the difficulty;

20 ‘‘(B) an assessment of damage, if any, to

21 the United States security and other interests;

22 and

23 ‘‘(C) recommendations as to any steps that

24 should be considered to redress any damage to
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1 United States national security and to reduce

2 compliance problems.

3 ‘‘(b) CLASSIFICATION OF THE REPORT.—The report

4 required by this section shall be submitted in unclassified

5 form, with classified annexes, as appropriate.

6 ‘‘AUTHORIZATION OF APPROPRIATIONS

7 ‘‘SEC. 52. (a) AUTHORIZATION OF APPROPRIATIONS.—

8 To carry out the purposes of this Act, there are authorized

9 to be appropriated—

10 ‘‘(1) $57,500,000 for fiscal year 1994 and

11 $59,375,000 for fiscal year 1995; and

12 ‘‘(2) such additional amounts as may be nec13 essary for each fiscal year for which an authorization

14 of appropriations is provided for in paragraph (1) of

15 this subsection for increases in salary, pay, retire16 ment, other employee benefits authorized by law, and

17 other nondiscretionary costs, and to offset adverse

18 fluctuations in foreign currency exchange rates.

19 ‘‘(b) TRANSFER OF FUNDS.—Funds appropriated pur20 suant to this section may be allocated or transferred to any

21 agency for carrying out the purposes of this Act. Such funds

22 shall be available for obligation and expenditure in accord23 ance with the authorities of this Act or in accordance with

24 the authorities governing the activities of the agencies to

25 which such funds are allocated or transferred.
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1 ‘‘(c) LIMITATION.—Not more than 12 percent of any

2 appropriation made pursuant to this Act shall be obligated

3 or reserved during the last month of the fiscal year.’’.

4 (b) EFFECTIVE DATE.—So much of the amendment

5 made by subsection (a) as inserts section 52 of the Arms

6 Control and Disarmament Act shall be deemed to have be7 come effective as of October 1, 1993.

8 SEC. 817. CONFORMING AMENDMENTS.

9 (a) Section 2 (22 U.S.C. 2551) is amended—

10 (1) in the second undesignated paragraph, by in11 serting ‘‘, nonproliferation,’’ after ‘‘Arms control’’;

12 and

13 (2) in the second and third undesignated para14 graphs, by inserting ‘‘, nonproliferation,’’ after ‘‘arms

15 control’’ each place it appears.

16 (b) Section 28 (22 U.S.C. 2568) is amended—

17 (1) in the first sentence, by striking ‘‘field of

18 arms control and disarmament’’ and inserting ‘‘fields

19 of arms control, nonproliferation, and disarmament’’;

20 and

21 (2) in the second sentence, by inserting ‘‘, non22 proliferation,’’ after ‘‘arms control’’.

23 (c) Section 31 (22 U.S.C. 2571) is amended—

24 (1) in the text above paragraph (a), by striking

25 ‘‘field of arms control and disarmament’’ each of the
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1 three places it appears and inserting ‘‘fields of arms

2 control, nonproliferation, and disarmament’’;

3 (2) in the first sentence, by inserting ‘‘and non4 proliferation’’ after disarmament; and

5 (3) in the fourth sentence, by inserting ‘‘, non6 proliferation,’’ after arms control each of the eight

7 places it appears.

8 (d) Section 35 (22 U.S.C. 2575) is amended by insert9 ing ‘‘, nonproliferation,’’ after ‘‘arms control’’.

10 (e) Section 39 (22 U.S.C. 2579) is amended by insert11 ing ‘‘, nonproliferation,’’ after ‘‘arms control’’ each of the

12 two places it appears.

13 TITLE IX—ANTI-ECONOMIC

14 DISCRIMINATION ACT OF 1994

15 SEC. 901. SHORT TITLE.

16 This title may be cited as the ‘‘Anti-Economic Dis17 crimination Act of 1994’’.

18 SEC. 902. CONGRESSIONAL FINDINGS.

19 The Congress finds that—

20 (1) certain countries maintain an economic boy21 cott of Israel, including a secondary boycott of compa22 nies that have investments in or trade with Israel;

23 (2) the secondary boycott has caused economic

24 damage to the countries that maintain the boycott as

25 well as to Israel;
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1 (3) the secondary boycott causes great difficulties

2 for United States firms that trade with Israel, depriv3 ing them of trade opportunities and violating inter4 nationally accepted principles of free trade;

5 (4) the United States has a longstanding policy

6 opposing the Arab League boycott and United States

7 law prohibits American firms from providing infor8 mation to Arab countries to demonstrate compliance

9 with the boycott;

10 (5) many American companies may be denied

11 contracts in the West Bank and Gaza for infrastruc12 ture development because they conduct business with

13 Israel;

14 (6) many American companies may be denied

15 contracts by the Kuwaiti Government for the recon16 struction of Kuwait because they conduct business

17 with Israel;

18 (7) under the Administration’s leadership the

19 United States has sent a clear, consistent and unam20 biguous message that the Arab League boycott of com21 panies that do business with Israel is an obstacle to

22 peace and should be terminated;

23 (8) the United States has laws prohibiting Unit24 ed States firms from providing Arab states with the
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1 requested information about compliance with boycott

2 regulations;

3 (9) the United States Trade Representative, in

4 August 1993, commissioned the International Trade

5 Commission to undertake a study of the boycott’s im6 pact on United States businesses which will provide,

7 for the first time, a carefully researched estimate of

8 the impact of the boycott on the United States;

9 (10) the Administration has conducted an active

10 diplomatic campaign to convince Arab League coun11 tries that the time to end the boycott and economic

12 discrimination against United States businesses is

13 now;

14 (11) the Administration’s efforts have produced

15 encouraging developments, as for example, with state16 ments by officials of the Arab League that at its next

17 meeting in March, the Arab League states will con18 sider ending their discrimination against firms that

19 do business with Israel and the decision to postpone

20 the October 1993 meeting of the Central Boycott Com21 mittee;

22 (12) under United States leadership, the G–7

23 countries have unconditionally called for an end to

24 the Arab boycott;
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1 (13) the President, the Vice President, the Sec2 retary of State and other senior Administration offi3 cials have assured the Congress that they will speak

4 forcefully and candidly, in every forum which touches

5 upon the search for peace in the Middle East, about

6 the need to end the boycott;

7 (14) the Congress wishes to support the efforts of

8 the Administration and to help see the promises made

9 to date translated into tangible results;

10 (15) the statements made by Arab leaders must

11 be translated into action, as measured by quarterly

12 reports from the Office of Anti-Boycott Compliance.

13 SEC. 903. PROHIBITION ON CERTAIN SALES AND LEASES.

14 (a) PROHIBITION.—No defense article or defense serv15 ice may be sold or leased by the United States Government

16 to any country or international organization that, as a

17 matter of policy or practice, is known to have sent letters

18 to United States firms requesting compliance with, or solic19 iting information regarding compliance with, the secondary

20 or tertiary Arab boycott, unless the President determines,

21 and so certifies to the appropriate congressional committees,

22 that that country or organization does not currently main23 tain a policy or practice of making such requests or solicita24 tions.

25 (b) WAIVER.—
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1 (1) 1-YEAR WAIVER.—On or after the effective

2 date of this section, the President may waive, for a

3 period of 1 year, the application of subsection (a)

4 with respect to any country or organization if the

5 President determines, and reports to the appropriate

6 congressional committees, that—

7 (A) such waiver is in the national interest

8 of the United States, and such waiver will pro9 mote the objectives of this section to eliminate the

10 Arab boycott; or

11 (B) such waiver is in the national security

12 interest of the United States.

13 (2) EXTENSION OF WAIVER.—If the President de14 termines that the further extension of a waiver will

15 promote the objectives of this section, the President,

16 upon notification of the appropriate congressional

17 committees, may grant further extensions of such

18 waiver for successive 12-month periods.

19 (3) TERMINATION OF WAIVER.—The President

20 may, at any time, terminate any waiver granted

21 under this subsection.

22 (c) DEFINITIONS.—As used in this section—

23 (1) the term ‘‘appropriate congressional commit24 tees’’ means the Committee on Foreign Relations of
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1 the Senate and the Committee on Foreign Affairs of

2 the House of Representatives; and

3 (2) the terms ‘‘defense article’’ and ‘‘defense serv4 ice’’ have the meanings given to such terms by para5 graphs (3) and (4), respectively, of section 47 of the

6 Arms Export Control Act.

7 (d) EFFECTIVE DATE.—This section shall take effect

8 1 year after the date of enactment of this Act.

9 TITLE X—MIDDLE EAST PEACE

10 FACILITATION

11 SEC. 1001. SHORT TITLE.

12 This title may be cited as the ‘‘Middle East Peace Fa13 cilitation Act of 1994’’.

14 SEC. 1002. FINDINGS.

15 The Congress finds that—

16 (1) the Palestine Liberation Organization has

17 recognized the State of Israel’s right to exist in peace

18 and security and to amend its covenant to recognize

19 that fact; accepted United Nations Security Council

20 Resolutions 242 and 338; committed itself to the peace

21 process and peaceful coexistence with Israel, free from

22 violence and all other acts which endanger peace and

23 stability; and assumed responsibility over all Pal24 estine Liberation Organization elements and person-
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1 nel in order to assure their compliance, prevent viola2 tions, and discipline violators;

3 (2) Israel has recognized the Palestine Liberation

4 Organization as the representative of the Palestinian

5 people;

6 (3) Israel and the Palestine Liberation Organi7 zation signed a Declaration of Principles on Interim

8 Self-Government Arrangements on September 13,

9 1993, at the White House;

10 (4) the United States has resumed a bilateral

11 dialogue with the Palestine Liberation Organization;

12 and

13 (5) in order to implement the Declaration of

14 Principles on Interim Self-Government Arrangements

15 and facilitate the Middle East peace process, the

16 President has requested flexibility to suspend certain

17 provisions of law pertaining to the Palestine Libera18 tion Organization.

19 SEC. 1003. AUTHORITY TO SUSPEND CERTAIN PROVISIONS.

20 (a) IN GENERAL.—Subject to subsection (b), beginning

21 July 1, 1994, the President may suspend for a period of

22 not more than 180 days any provision of law specified in

23 subsection (c). The President may continue the suspension

24 for a period or periods of not more than 180 days if, before

25 each such period, the President satisfies the requirements
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1 of subsection (b). Any suspension shall cease to be effective

2 after 180 days, or at such earlier date as the President may

3 specify.

4 (b) CONDITIONS.—

5 (1) CONSULTATION.—Prior to each exercise of

6 the authority provided in subsection (a), the President

7 shall consult with the relevant congressional commit8 tees. The President may not exercise that authority

9 until 30 days after a written policy justification is

10 submitted to the relevant Congressional Committees.

11 (2) PRESIDENTIAL CERTIFICATION.—The Presi12 dent may exercise the authority provided in sub13 section (a) only if the President certifies to the rel14 evant congressional committees each time he exercises

15 such authority that—

16 (A) it is in the national interest of the

17 United States to exercise such authority; and

18 (B) the Palestine Liberation Organization

19 continues to abide in good faith by all the com20 mitments described in paragraph (4).

21 (3) REQUIREMENT FOR CONTINUING PLO COM22 PLIANCE.—Any suspension under subsection (a) of a

23 provision of law specified in subsection (c) shall cease

24 to be effective if the President certifies to the relevant

25 congressional committees, or if the Congress deter-
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1 mines by Joint Resolution, that the Palestine Libera2 tion Organization has not continued to abide in good

3 faith by all the commitments described in paragraph

4 (4).

5 (A) Any joint resolution under this sub6 section shall be considered in the Senate in ac7 cordance with the provisions of section 601(b) of

8 the International Security Assistance and Arms

9 Export Control Act of 1976.

10 (B) For the purpose of expediting the con11 sideration and enactment of joint resolutions

12 under this subsection, a motion to proceed to the

13 consideration of any such joint resolution after it

14 has been reported by the appropriate committee

15 shall be treated as highly privileged in the House

16 of Representatives.

17 (4) PLO COMMITMENTS DESCRIBED.—The com18 mitments referred to in paragraphs (2) and (3) are

19 the commitments made by the Palestine Liberation

20 Organization—

21 (A) in its letter of September 9, 1993, to the

22 Prime Minister of Israel; in its letter of Septem23 ber 9, 1993, to the Foreign Minister of Norway

24 to—
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1 (i) recognize the right of the State of

2 Israel to exist in peace and security;

3 (ii) accept United Nations Security

4 Council Resolutions 242 and 338;

5 (iii) renounce the use of terrorism and

6 other acts of violence;

7 (iv) assume responsibility over all PLO

8 elements and personnel in order to assure

9 their compliance, prevent violations and

10 discipline violators;

11 (v) call upon the Palestinian people in

12 the West Bank and Gaza Strip to take part

13 in the steps leading to the normalization of

14 life, rejecting violence and terrorism, and

15 contributing to peace and stability; and

16 (vi) submit to the Palestine National

17 Council for formal approval the necessary

18 changes to the Palestinian Covenant regard19 ing recognizing Israel’s right to exist in

20 peace and security, and

21 (B) in, and resulting from the implementa22 tion of, the Declaration of Principles on Interim

23 Self-Government Arrangements signed on Sep24 tember 13, 1993.
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1 (c) PROVISIONS THAT MAY BE SUSPENDED.—The

2 provisions that may be suspended under the authority of

3 subsection (a) are the following:

4 (1) Section 307 of the Foreign Assistance Act of

5 1961 (22 U.S.C. 2227) as it applies with respect to

6 the Palestine Liberation Organization or entities as7 sociated with it.

8 (2) Section 114 of the Department of State Au9 thorization Act, Fiscal years 1984 and 1985 (22

10 U.S.C. 287e note) as it applies with respect to the

11 Palestine Liberation Organization or entities associ12 ated with it.

13 (3) Section 1003 of the Foreign Relations Au14 thorization Act, Fiscal years 1988 and 1989 (22

15 U.S.C. 5202).

16 (4) Section 37 of the Bretton Woods Agreement

17 Act (22 U.S.C. 286w) as it applies to the granting to

18 the Palestine Liberation Organization of observer sta19 tus or other official status at any meeting sponsored

20 by or associated with the International Monetary

21 Fund. As used in this paragraph, the term ‘‘other of22 ficial status’’ does not include membership in the

23 International Monetary Fund.
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1 (d) RELEVENT CONGRESSIONAL COMMITTEES DE2 FINED.—As used in this section, the term ‘‘relevant congres3 sional committees’’ means—

4 (1) the Committee on Foreign Affairs, the Com5 mittee on Banking, Finance and Urban Affairs, and

6 the Committee on Appropriations of the House of

7 Representatives; and

8 (2) the Committee on Foreign Relations and the

9 Committee on Appropriations of the Senate.

10 TITLE XI—IRAN-IRAQ ARMS NON11 PROLIFERATION AMEND12 MENTS OF 1994

13 SEC. 1101. SHORT TITLE, REFERENCES IN TITLE.

14 (a) SHORT TITLE.—This title may be cited as the

15 ‘‘Iran-Iraq Arms Non-Proliferation Amendments of 1994’’.

16 (b) REFERENCE IN TITLE.—Except as specifically pro17 vided in this title, whenever in this title an amendment or

18 repeal is expressed as an amendment to or repeal of a provi19 sion, the reference shall be deemed to be made to the Na20 tional Defense Authorization Act for Fiscal Year 1993.

21 SEC. 1102. STATEMENT OF POLICY.

22 It is the policy of the United States to halt the pro23 liferation of advanced conventional weapons within Iran

24 and Iraq.
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1 SEC. 1103. STATEMENT OF PURPOSE.

2 It is the purpose of this title to impose additional sanc3 tions against those foreign countries and persons that trans4 fer destabilizing numbers and types of advanced conven5 tional weapons, or goods and technology that assist in en6 hancing the capabilities of Iran and Iraq to manufacture

7 and deliver such weapons.

8 SEC. 1104. SANCTIONS AGAINST PERSONS.

9 Section 1604 is amended to read as follows:

10 ‘‘(a) PROHIBITION.—If the President determines that

11 any person has transferred or retransferred goods or tech12 nology so as to contribute knowingly and materially to the

13 efforts by Iran or Iraq (or any agency or instrumentality

14 of either such country) to acquire destabilizing numbers and

15 types of advanced conventional weapons, then—

16 ‘‘(1) the sanctions described in subsection (b)

17 shall be imposed; and

18 ‘‘(2) the President may apply, in the discretion

19 of the President, the sanctions described in subsection

20 (c).

21 ‘‘(b) MANDATORY SANCTIONS.—The sanctions to be

22 imposed pursuant to subsection (a)(1) are as follows:

23 ‘‘(1) PROCUREMENT SANCTION.—Except as pro24 vided in subsection (d), the United States Government

25 shall not procure directly or indirectly, or enter into
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1 any contract for the procurement of, any goods or

2 services from the sanctioned person.

3 ‘‘(2) EXPORT SANCTION.—The United States

4 Government shall not issue any license for any export

5 by or to the sanctioned person.

6 ‘‘(c) DISCRETIONARY SANCTIONS.—The sanctions re7 ferred to in subsection (a)(2) are as follows:

8 ‘‘(1) TRANSITING UNITED STATES TERRITORY.—

9 ‘‘(A) Notwithstanding any other provision

10 of law (other than a treaty or other international

11 agreement), no employee or official of a sanc12 tioned person and no good or technology that is

13 manufactured, produced, sold, or shipped by the

14 sanctioned person may transit by vessel or air15 craft any territory subject to the jurisdiction of

16 the United States. The Secretary of Transpor17 tation may promulgate regulations, as necessary,

18 to provide for the implementation of this sanc19 tion in the most effective manner.

20 ‘‘(B) The Secretary of Transportation may

21 provide for such exceptions from this paragraph

22 as the Secretary considers in the interest of the

23 United States.

24 ‘‘(2) FINANCIAL INSTITUTIONS.—(A) The Presi25 dent may by order prohibit any depositary institu-
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1 tion that is chartered by, or that has its principal

2 place of business within, a State or the United States

3 from making any loan or providing any credit to the

4 sanctioned person, except for loans or credits for the

5 purpose of purchasing food or other agricultural com6 modities.

7 ‘‘(B) As used in this paragraph, the term ‘depos8 itory institution’ means a bank or savings associa9 tion, as defined in section 3 of the Federal Deposit

10 Insurance Act.

11 ‘‘(3) USE OF AUTHORITIES OF THE INTER12 NATIONAL EMERGENCY ECONOMIC POWERS ACT.—The

13 President may exercise the authorities of the Inter14 national Emergency Economic Powers Act to prohibit

15 any transaction involving any property in which the

16 sanctioned person has any interest whatsoever except

17 for transactions involving the provision of humani18 tarian assistance.

19 ‘‘(4) PROHIBITION ON VESSELS THAT ENTER

20 PORTS OF SANCTIONED COUNTRIES TO ENGAGE IN

21 TRADE.—

22 ‘‘(A) IN GENERAL.—Beginning on the 10th

23 day after a sanction is imposed under this Act

24 against a country, a vessel which enters a port

25 or place in the sanctioned country to engage in
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1 the trade of goods or services may not if the

2 President so requires within 180 days after de3 parture from such port or place in the sanc4 tioned country, load or unload any freight at

5 any place in the United States.

6 ‘‘(B) DEFINITIONS.—As used in this para7 graph, the term ‘vessel’ includes every description

8 of water craft or other contrivance used, or capa9 ble of being used, as a means of transportation

10 in water, but does not include aircraft.

11 ‘‘(d) EXCEPTIONS.—The sanction described in sub12 section (b)(1) shall not apply—

13 ‘‘(1) in the case of procurement of defense articles

14 or defense services—

15 ‘‘(A) under existing contracts or sub16 contracts, including the exercise of options for

17 production quantities to satisfy operational mili18 tary requirements essential to the national secu19 rity of the United States;

20 ‘‘(B) if the President determines that the

21 person or other entity to which the sanctions

22 would otherwise be applied is a sole source sup23 plier of the defense articles or services, that the

24 defense articles or services are essential, and that
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1 alternative sources are not readily or reasonably

2 available; or

3 ‘‘(C) if the President determines that such

4 articles or services are essential to the national

5 security under defense coproduction agreements;

6 ‘‘(2) to products or services provided under con7 tracts entered into before the date on which the Presi8 dent makes a determination under subsection (a);

9 ‘‘(3) in the case of contracts entered into before

10 the date on which the President makes a determina11 tion under subsection (a), with respect to—

12 ‘‘(A) spare parts which are essential to

13 United States products or production; or

14 ‘‘(B) component parts, but not finished

15 products, essential to United States products or

16 production; or

17 ‘‘(C) routine servicing and maintenance of

18 products, to the extent that alternative sources

19 are not readily or reasonably available;

20 ‘‘(4) to information and technology essential to

21 United States products or production; or

22 ‘‘(5) to medical or other humanitarian items.

23 ‘‘(e) CONSULTATION WITH AND ACTIONS BY FOREIGN

24 GOVERNMENT OF JURISDICTION.—
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1 ‘‘(1) CONSULTATIONS.—Whenever the President

2 makes a determination under subsection (a) with re3 spect to a foreign person, the Congress urges the

4 President—

5 ‘‘(A) to initiate consultations immediately

6 with the government with primary jurisdiction

7 over that foreign person with respect to the im8 position of sanctions pursuant to this section;

9 and, as appropriate,

10 ‘‘(B) to take steps in the United Nations

11 and other multilateral groups to negotiate com12 prehensive multilateral sanctions pursuant to the

13 provisions of chapter 7 of the United Nations

14 Charter, including a partial or complete embar15 go, against the government of the foreign country

16 of primary jurisdiction over that sanctioned per17 son, as long as that government has not taken

18 specific and effective actions, including appro19 priate penalties, to terminate the involvement of

20 the sanctioned person or firm in the activities

21 described in section 1604(a).

22 ‘‘(2) ACTIONS BY GOVERNMENT OF JURISDIC23 TION.—In order to pursue such consultations with the

24 government, the President may delay imposition of

25 sanctions pursuant to subsections (b) and (c) for up
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1 to 90 days. Following these consultations, the Presi2 dent shall impose sanctions immediately unless the

3 President determines and certifies to the Congress

4 that that government has taken specific and effective

5 actions, including appropriate penalties, to terminate

6 the involvement of the foreign person in the activities

7 described in subsection (a). The President may delay

8 the imposition of sanctions for up to an additional 90

9 days if the President determines and certifies to the

10 Congress that that government is in the process of

11 taking the actions described in the preceding sentence.

12 ‘‘(3) REPORT TO CONGRESS.—Not later than 90

13 days after the application of sanctions under this sec14 tion, the President shall submit to the Committee on

15 Foreign Relations and the Committee on Govern16 mental Affairs of the Senate and the Committee on

17 Foreign Affairs of the House of Representatives a re18 port on the status of consultations with the appro19 priate government under this subsection, and the

20 basis for any determination under paragraph (2) of

21 this subsection that such government has taken spe22 cific corrective actions.’’.

23 SEC. 1105. SANCTIONS AGAINST CERTAIN FOREIGN COUN24 TRIES.

25 Section 1605 is amended—
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1 (1) in subsection (a)(2), by striking ‘‘sanction’’

2 and inserting ‘‘sanctions’’;

3 (2) in subsection (c)—

4 (A) by striking ‘‘SANCTION.—The sanction

5 referred to in subsection (a)(2) is’’ and inserting

6 ‘‘SANCTIONS.—The sanctions referred to in sub7 section (a)(2) are’’; and

8 (B) by adding at the end the following new

9 paragraphs:

10 ‘‘(3) DIPLOMATIC RELATIONS.—The President is

11 urged to downgrade or suspend diplomatic relations

12 between the United States and the government of the

13 sanctioned country.

14 ‘‘(4) SUSPENSION OF TRADE AGREEMENTS.—The

15 President may exercise the authorities of the Inter16 national Emergency Economic Powers Act to suspend

17 any trade agreement with the sanctioned country, ex18 cept those affecting imports into the United States for

19 the sanctioned country.

20 ‘‘(5) REVOCATIONS OF LICENSES FOR EXPORT OF

21 NUCLEAR MATERIAL.—The Nuclear Regulatory Com22 mission is authorized to revoke any license for the ex23 port of nuclear material pursuant to a nuclear co24 operation agreement with the sanctioned country.
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1 ‘‘(6) PRESIDENTIAL ACTION REGARDING AVIA2 TION.—

3 ‘‘(A)(i) The President is authorized to no4 tify the government of a sanctioned country of

5 his intention to suspend the authority of foreign

6 air carriers owned or controlled by the govern7 ment of that country to engage in foreign air

8 transportation to or from the United States.

9 ‘‘(ii) The President is authorized to direct

10 the Secretary of Transportation to suspend at

11 the earliest possible date the authority of any

12 foreign air carrier owned or controlled, directly

13 or indirectly, by that government to engage in

14 foreign air transportation to or from the United

15 States, notwithstanding any agreement relating

16 to air services.

17 ‘‘(B)(i) The President may direct the Sec18 retary of State to terminate any air service

19 agreement between the United States and a sanc20 tioned country in accordance with the provisions

21 of that agreement.

22 ‘‘(ii) Upon termination of an agreement

23 under this subparagraph, the Secretary of Trans24 portation is authorized to take such steps as may

25 be necessary to revoke at the earliest possible date
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1 the right of any foreign air carrier owned, or

2 controlled, directly or indirectly, by the govern3 ment of that country to engage in foreign air

4 transportation to or from the United States.

5 ‘‘(C) The President may direct the Sec6 retary of Transportation to provide for such ex7 ceptions from this subsection as the President

8 considers necessary to provide for emergencies in

9 which the safety of an aircraft or its crew or

10 passengers is threatened.

11 ‘‘(D) For purposes of this paragraph, the

12 terms ‘aircraft’, ‘air carrier’, ‘air transpor13 tation’, and ‘foreign air carrier’ have the mean14 ings given those terms in section 101 of the Fed15 eral Aviation Act of 1958 (49 U.S.C. 1301).

16 ‘‘(7) OTHER SANCTIONS.—The President may

17 apply the sanctions described in section 1605(c) with

18 respect to actions of a foreign government.’’.

19 SEC. 1106. WAIVER.

20 Section 1606 is amended—

21 (1) by striking ‘‘waiver’’ each place it appears

22 and inserting ‘‘modification, and waiver’’; and

23 (2) by striking ‘‘waive’’ each place it appears

24 and inserting ‘‘modify or waive’’.
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1 SEC. 1107. TERMINATION OF SANCTIONS.

2 The Act is amended by inserting after section 1606 the

3 following new section:

4 ‘‘SEC. 1606A. TERMINATION OF SANCTIONS.

5 ‘‘Except as otherwise provided in this title, the sanc6 tions imposed pursuant to the Act shall apply for a period

7 of at least 24 months following the imposition of sanctions

8 and shall case to apply thereafter only if the President de9 termines and certifies to the Congress that—

10 ‘‘(1) reliable information indicates that the gov11 ernment of jurisdiction has taken specific and effec12 tive action, including appropriate penalties, to termi13 nate the involvement of the sanctioned person in the

14 sanctionable activity;

15 ‘‘(2) the President has received reliable assur16 ances from the sanctioned government that such gov17 ernment will not, in the future, violate this Act.’’.

18 SEC. 1108. STAY OF SANCTIONS.

19 The Act is amended by inserting after section 1607 the

20 following new section:

21 ‘‘(a) CRITERION FOR STAY.—The President may stay

22 the imposition of any sanction on any entity in order to

23 protect—

24 ‘‘(1) ongoing criminal investigations, or

25 ‘‘(2) sensitive intelligence sources and methods

26 which are being used to acquire further information
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1 on the proliferation of advanced conventional weap2 ons, weapons of mass destruction, or missiles that

3 would be comprised by the publication of the sanc4 tioned entity’s name.

5 ‘‘(b) DETERMINATION.—The President shall exercise

6 the authority described in paragraph (1) only when the

7 President determines that the non-proliferation goals of the

8 Act are better served by delaying the imposition of sanctions

9 rather than by compromising the criminal investigation or

10 intelligence sources and methods at issue.

11 ‘‘(c) LIFTING OF STAY.—The President shall lift any

12 stay imposed pursuant to this subsection as soon as the

13 basis for the determination made pursuant to paragraph

14 (2) no longer exists.

15 ‘‘(d) NOTIFICATION AND REPORT TO CONGRESS.—

16 Whenever the duration of any stay imposed pursuant to this

17 subsection exceeds 120 days, the President shall promptly

18 report to the Select Committee on Intelligence of the Senate

19 and the Permanent Select Committee on Intelligence of the

20 House of Representatives the rationale and circumstances

21 that led the President to exercise the stay authority.’’.

22 SEC. 1109. RULES AND REGULATIONS.

23 The Act is amended by inserting after section 1607 the

24 following new section:
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1 ‘‘SEC. 1607A. RULES AND REGULATIONS.

2 ‘‘The President is authorized to prescribe such rules

3 and regulations as the President may require to carry out

4 this Act.’’.

5 SEC. 1110. DEFINITIONS.

6 Section 1608 is amended by adding at the end the fol7 lowing new paragraph;

8 ‘‘(8) The term ‘goods or technology’ includes any item

9 of the type that is listed on the Nuclear Referral List under

10 section 309(c) of the Nuclear Non-Proliferation Act of 1978,

11 the United States Munitions List (established in section 38

12 of the Arms Export Control Act), or the MTCR Annex (as

13 defined in section 74(4) of the Arms Export Control Act)

14 or any item that is subject to licensing by the Nuclear Regu15 latory Commission.

16 ‘‘(9) The term ‘United States’ includes territories and

17 possessions of the United States and the customs waters of

18 the United States, as defined in section 401 of the Tariff

19 Act of 1930 (19 U.S.C. 1401).’’.

20 SEC. 1111. SENSE OF THE SENATE.

21 Whereas both Iran and Iraq have re-emerged as con22 tinuing threats to the peace and stability of the Middle East

23 and thus pose a threat to the stability of the post-Cold War

24 world, it is the sense of the Senate that the conference agree25 ment on H.R. 2333 should include as additional discre26 tionary sanctions under section 1105 of this title denial of
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1 Most-Favored-Nation status to a sanctioned country and

2 suspension of special trade privileges for a sanctioned coun3 try which were extended pursuant to the Generalized Sys4 tem of Preferences or the Caribbean Basin Initiative.

5 TITLE XII—IMMIGRATION AND

6 NATIONALITY ACT

7 SEC. 1201. ALIEN PHYSICALLY PRESENT IN UNITED STATES.

8 Section 245 of the Immigration and Nationality Act,

9 as amended (8 U.S.C. 1255), is amended by adding at the

10 end thereof the following new subsection:

11 ‘‘(i)(1) Notwithstanding the provisions of subsections

12 (a) and (c) of this section, an alien physically present in

13 the United States who (A) entered the United States with14 out inspection; or (B) is within one of the classes enumer15 ated in subsection (c) of this section may apply to the Attor16 ney General for the adjustment of his or her status to that

17 of an alien lawfully admitted for permanent residence. The

18 Attorney General may accept such application only if the

19 alien remits with such application a sum equalling five

20 times the fee required for the processing of applications

21 under this section as of the date of receipt of the applica22 tion. The sum specified herein shall be in addition to the

23 fee normally required for the processing of an application

24 under this section.
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1 ‘‘(2) Upon receipt of such an application and the sum

2 hereby required, the Attorney General may adjust the status

3 of the alien to that of an alien lawfully admitted for perma4 nent residence if (A) the alien is eligible to receive an immi5 grant visa and is admissible to the United States for perma6 nent residence; and (B) an immigrant visa is immediately

7 available to the alien at the time the application is filed.

8 ‘‘(3) Sums remitted to the Attorney General pursuant

9 to paragraphs (1) and (2) of this subsection shall be dis10 posed of by the Attorney General as provided in sections

11 286 (m), (n), and (o) of this title.’’.

12 SEC. 1202. ALIEN VISA.

13 Section 212(a)(9) of the Immigration and Nationality

14 Act, as amended (8 U.S.C. 1182(a)(9)), is amended by add15 ing at the end thereof the following:

16 ‘‘(D) An alien applying for an immigrant

17 visa who has been physically present in the

18 United States within the ninety day period im19 mediately preceding the date of such application

20 is excludable.’’.
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1 TITLE XIII—NUCLEAR PROLIF2 ERATION PREVENTION ACT

3 OF 1994

4 SEC. 1301. SHORT TITLE.

5 This title may be cited as the ‘‘Nuclear Proliferation

6 Prevention Act of 1994’’.

7 Subtitle A—Reporting on Nuclear

8 Exports

9 SEC. 1311. REPORTS TO CONGRESS.

10 Section 601(a) of the Nuclear Non-Proliferation Act of

11 1978 (22 U.S.C. 3281(a)) is amended—

12 (1) in paragraph (4), by striking ‘‘and’’ after the

13 semicolon;

14 (2) in paragraph (5), by striking the period and

15 inserting a semicolon; and

16 (3) by adding after paragraph (5) the following:

17 ‘‘(6) a description of the implementation of nu18 clear and nuclear-related dual-use export controls in

19 the preceding calendar year, including a summary by

20 type of commodity and destination of—

21 ‘‘(A) all transactions for which—

22 ‘‘(i) an export license was issued for

23 any good controlled under section 309(c) of

24 the Nuclear Non-Proliferation Act of 1978;
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1 ‘‘(ii) an export license was issued

2 under section 109 b. of the 1954 Act;

3 ‘‘(iii) approvals were issued under the

4 Export Administration Act of 1979, or sec5 tion 109 b.(3) of the 1954 Act, for the

6 retransfer of any item, technical data, com7 ponent, or substance; or

8 ‘‘(iv) authorizations were made as re9 quired by section 57 b.(2) of the 1954 Act

10 to engage, directly or indirectly, in the pro11 duction of special nuclear material;

12 ‘‘(B) each instance in which—

13 ‘‘(i) a sanction has been imposed under

14 section 1321(a) of the Nuclear Proliferation

15 Prevention Act of 1994, section 1002(b)(1)

16 of the Arms Export Control Act, or section

17 601 or 602 of the Federal Deposit Insurance

18 Corporation Improvement Act of 1991;

19 ‘‘(ii) sales or leases have been denied

20 under section 3(f) of the Arms Export Con21 trol Act or transactions prohibited by rea22 son of acts relating to proliferation of nu23 clear explosive devices as described in sec24 tion 40(d) of that Act;
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1 ‘‘(iii) a sanction has not been imposed

2 by reason of section 1321(c)(2) of the Nu3 clear Proliferation Prevention Act of 1994

4 or the imposition of a sanction has been de5 layed under section 1002(b)(4) of the Arms

6 Export Control Act; or

7 ‘‘(iv) a waiver of a sanction has been

8 made under—

9 ‘‘(I) section 1321(f) of the Nuclear

10 Proliferation Prevention Act of 1994,

11 ‘‘(II) section 620E(d) of the For12 eign Assistance Act of 1961, or para13 graph (5) or (6)(B) of section 1002(b)

14 of the Arms Export Control Act,

15 ‘‘(III) section 605 of the Federal

16 Deposit Insurance Corporation Im17 provement Act of 1991;

18 ‘‘(IV) section 40(g) of the Arms

19 Export Control Act with respect to the

20 last sentence of section 40(d) of that

21 Act, or

22 ‘‘(V) section 614 of the Foreign

23 Assistance Act of 1961 with respect to

24 section 620E of that Act or section 3(f),

25 the last sentence of section 40(d), or
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1 1002(b)(1) of the Arms Export Control

2 Act; and

3 ‘‘(C) the progress of those independent states

4 of the former Soviet Union that are non-nuclear5 weapon states and of the Baltic states towards

6 achieving the objective of applying full scope

7 safeguards to all their peaceful nuclear activities.

8 Portions of the information required by paragraph (6) may

9 be submitted in classified form, as necessary. Any such in10 formation that may not be published or disclosed under sec11 tion 12(c)(1) of the Export Administration Act of 1979

12 shall be submitted as confidential.’’.

13 Subtitle B—Sanction for Nuclear

14 Proliferation

15 SEC. 1321. IMPOSITION OF SANCTION.

16 (a) DETERMINATION BY THE PRESIDENT.—

17 (1) IN GENERAL.—Except as provided in sub18 section (b)(2), the President shall impose the sanction

19 described in subsection (c) if the President determines

20 in writing that a foreign person or a United States

21 person, on or after the effective date of this subtitle,

22 has materially and with requisite knowledge contrib23 uted—
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1 (A) through the export from the United

2 States of any goods or technology that are subject

3 to the jurisdiction of the United States, or

4 (B) through the export from any other coun5 try of any goods or technology that would be, if

6 they were exported from the United States, sub7 ject to the jurisdiction of the United States,

8 to the efforts by any individual, group, or non-nu9 clear-weapon state to acquire unsafeguarded special

10 nuclear material or to use, develop, produce, stockpile,

11 or otherwise acquire any nuclear explosive device.

12 (2) PERSONS AGAINST WHICH THE SANCTION IS

13 TO BE IMPOSED.—The sanction shall be imposed pur14 suant to paragraph (1) on—

15 (A) the foreign person or United States per16 son with respect to which the President makes

17 the determination described in that paragraph;

18 (B) any successor entity to that foreign per19 son or United States person;

20 (C) any foreign person or United States

21 person that is a parent or subsidiary of that per22 son if that parent or subsidiary materially and

23 with requisite knowledge assisted in the activities

24 which were the basis of that determination; and
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1 (D) any foreign person or United States

2 person that is an affiliate of that person if that

3 affiliate materially and with requisite knowledge

4 assisted in the activities which were the basis of

5 that determination and if that affiliate is con6 trolled in fact by that foreign person.

7 (3) OTHER SANCTIONS AVAILABLE.—The sanc8 tions which are required to be imposed for activities

9 described in this subsection are in addition to any

10 other sanction which may be imposed for the same ac11 tivities under any other provision of law.

12 (4) DEFINITION.—For purposes of this sub13 section, the term ‘‘requisite knowledge’’ means situa14 tions in which a person ‘‘knows’’, as ‘‘knowing’’ is de15 fined in section 104 of the Foreign Corrupt Practices

16 Act of 1977 (15 U.S.C. 78dd–2).

17 (b) CONSULTATION WITH AND ACTIONS BY FOREIGN

18 GOVERNMENT OF JURISDICTION.—

19 (1) CONSULTATIONS.—If the President makes a

20 determination described in subsection (a)(1) with re21 spect to a foreign person, the Congress urges the

22 President to initiate consultations immediately with

23 the government with primary jurisdiction over that

24 foreign person with respect to the imposition of the

25 sanction pursuant to this section.
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1 (2) ACTIONS BY GOVERNMENT OF JURISDIC2 TION.—In order to pursue such consultations with

3 that government, the President may delay imposition

4 of the sanction pursuant to this section for up to 90

5 days. Following these consultations, the President

6 shall impose the sanction unless the President deter7 mines and certifies in writing to the Congress that

8 that government has taken specific and effective ac9 tions, including appropriate penalties, to terminate

10 the involvement of the foreign person in the activities

11 described in subsection (a)(1). The President may

12 delay the imposition of the sanction for up to an ad13 ditional 90 days if the President determines and cer14 tifies in writing to the Congress that that government

15 is in the process of taking the actions described in the

16 preceding sentence.

17 (3) REPORT TO CONGRESS.—Not later than 90

18 days after making a determination under subsection

19 (a)(1), the President shall submit to the Committee on

20 Foreign Relations and the Committee on Govern21 mental Affairs of the Senate and the Committee on

22 Foreign Affairs of the House of Representatives a re23 port on the status of consultations with the appro24 priate government under this subsection, and the

25 basis for any determination under paragraph (2) of
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1 this subsection that such government has taken spe2 cific corrective actions.

3 (c) SANCTION.—

4 (1) DESCRIPTION OF SANCTION.—The sanction

5 to be imposed pursuant to subsection (a)(1) are, ex6 cept as provided in paragraph (2) of this subsection,

7 that the United States Government shall not procure,

8 or enter into any contract for the procurement of, any

9 goods or services from any person described in sub10 section (a)(2).

11 (2) EXCEPTIONS.—The President shall not be re12 quired to apply or maintain the sanction under this

13 section—

14 (A) in the case of procurement of defense ar15 ticles or defense services—

16 (i) under existing contracts or sub17 contracts, including the exercise of options

18 for production quantities to satisfy require19 ments essential to the national security of

20 the United States;

21 (ii) if the President determines in

22 writing that the person or other entity to

23 which the sanction would otherwise be ap24 plied is a sole source supplier of the defense

25 articles or services, that the defense articles
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1 or services are essential, and that alter2 native sources are not readily or reasonably

3 available; or

4 (iii) if the President determines in

5 writing that such articles or services are es6 sential to the national security under de7 fense coproduction agreements;

8 (B) to products or services provided under

9 contracts entered into before the date on which

10 the President publishes his intention to impose

11 the sanction;

12 (C) to—

13 (i) spare parts which are essential to

14 United States products or production;

15 (ii) component parts, but not finished

16 products, essential to United States prod17 ucts or production; or

18 (iii) routine servicing and mainte19 nance of products, to the extent that alter20 native sources are not readily or reasonably

21 available;

22 (D) to information and technology essential

23 to United States products or production; or

24 (E) to medical or other humanitarian

25 items.
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1 (d) ADVISORY OPINIONS.—Upon the request of any

2 person, the Secretary of State may, in consultation with

3 the Secretary of Defense, issue in writing an advisory opin4 ion to that person as to whether a proposed activity by that

5 person would subject that person to the sanction under this

6 section. Any person who relies in good faith on such an

7 advisory opinion which states that the proposed activity

8 would not subject a person to such sanction, and any person

9 who thereafter engages in such activity, may not be made

10 subject to such sanction on account of such activity.

11 (e) TERMINATION OF THE SANCTION.—The sanction

12 imposed pursuant to this section shall apply for a period

13 of at least 12 months following the imposition of the sanc14 tion and shall cease to apply thereafter only if the President

15 determines and certifies in writing to the Congress that—

16 (1) reliable information indicates that the for17 eign person or United States person with respect to

18 which the determination was made under subsection

19 (a)(1) has ceased to aid or abet any individual,

20 group, or non-nuclear-weapon state in its efforts to

21 acquire unsafeguarded special nuclear material or

22 any nuclear explosive device, as described in that sub23 section; and

24 (2) the President has received reliable assurances

25 from the foreign person or United States person, as
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1 the case may be, that such person will not, in the fu2 ture, aid or abet any individual, group, or non-nu3 clear-weapon state in its efforts to acquire

4 unsafeguarded special nuclear material or any nu5 clear explosive device, as described in subsection

6 (a)(1).

7 (f) WAIVER.—

8 (1) CRITERION FOR WAIVER.—The President

9 may waive the application of the sanction imposed on

10 any person pursuant to this section, after the end of

11 the 12-month period beginning on the date on which

12 that sanction was imposed on that person, if the

13 President determines and certifies in writing to the

14 Congress that the continued imposition of the sanc15 tion would have a serious adverse effect on vital Unit16 ed States interests.

17 (2) NOTIFICATION OF AND REPORT TO CON18 GRESS.—If the President decides to exercise the waiv19 er authority provided in paragraph (1), the President

20 shall so notify the Congress not less than 20 days be21 fore the waiver takes effect. Such notification shall in22 clude a report fully articulating the rationale and

23 circumstances which led the President to exercise the

24 waiver authority.

25 (g) DEFINITIONS.—For purposes of this section—
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1 (1) the term ‘‘foreign person’’ means—

2 (A) an individual who is not a citizen of

3 the United States or an alien admitted for per4 manent residence to the United States; or

5 (B) a corporation, partnership, or other

6 nongovernment entity which is created or orga7 nized under the laws of a foreign country or

8 which has its principal place of business outside

9 the United States; and

10 (2) the term ‘‘United States person’’ means—

11 (A) an individual who is a citizen of the

12 United States or an alien admitted for perma13 nent residence to the United States; or

14 (B) a corporation, partnership, or other en15 tity which is not a foreign person.

16 SEC. 1322. ELIGIBILITY FOR ASSISTANCE.

17 (a) AMENDMENTS TO THE ARMS EXPORT CONTROL

18 ACT.—(1) Section 3 of the Arms Export Control Act (22

19 U.S.C. 2753) is amended by adding at the end the following

20 new subsection:

21 ‘‘(f) No sales or leases shall be made to any country

22 that the President has determined is in material breach of

23 its binding commitments to the United States under inter24 national treaties or agreements concerning the nonprolifera25 tion of nuclear explosive devices (as defined in section
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1 1330(3) of the Nuclear Proliferation Prevention Act of

2 1994) and unsafeguarded special nuclear material (as de3 fined in section 1330(6) of that Act).’’.

4 (2) Section 40 of such Act (22 U.S.C. 2780) is amend5 ed—

6 (A) in subsection (d), by adding at the end the

7 following new sentence: ‘‘For purposes of this sub8 section, such acts shall include all activities that the

9 Secretary determines willfully aid or abet the inter10 national proliferation of nuclear explosive devices to

11 individuals or groups or willfully aid or abet an in12 dividual or groups in acquiring unsafeguarded spe13 cial nuclear material.’’; and

14 (B) in subsection (l)—

15 (i) in paragraph (2), by striking ‘‘and’’

16 after the semicolon;

17 (ii) in paragraph (3), by striking the period

18 at the end and inserting a semicolon; and

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

20 ‘‘(4) the term ‘nuclear explosive device’ has the

21 meaning given that term in section 1330(3) of the

22 Nuclear Proliferation Prevention Act of 1994; and

23 ‘‘(5) the term ‘unsafeguarded special nuclear ma24 terial’ has the meaning given that term in section
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1 1330(6) of the Nuclear Proliferation Prevention Act of

2 1994.’’.

3 (b) AMENDMENT TO THE FOREIGN ASSISTANCE ACT

4 OF 1961.—

5 (1) Notwithstanding any other provision of law,

6 Presidential Determination No. 82–7 of February 10,

7 1982, made pursuant to section 670(a)(2) of the For8 eign Assistance Act of 1961, shall have no force or ef9 fect with respect to any grounds for the prohibition

10 of assistance under section 1002(a)(1) of the Arms

11 Eport Act arising on or after the effective date of this

12 subtitle.

13 (2) Section 620E(d) of the Foreign Assistance

14 Act of 1961 (22 U.S.C. 2375(d)) is amended to read

15 as follows:

16 ‘‘(d) The President may waive the prohibitions of sec17 tion 1001 of the Arms Export Control Act with respect to

18 any grounds for the prohibition of assistance under that

19 section arising before the effective date of subtitle B of the

20 Nuclear Proliferation Prevention Act of 1994 to provide as21 sistance to Pakistan if he determines that to do so is in

22 the national interest of the United States.’’.
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1 SEC. 1323. ROLE OF INTERNATIONAL FINANCIAL INSTITU2 TIONS.

3 (a) IN GENERAL.—The Secretary of the Treasury shall

4 instruct the United States executive director to each of the

5 international financial institutions described in section

6 701(a) of the International Financial Institutions Act (22

7 U.S.C. 262d(a)) to use the voice and vote of the United

8 States to oppose any direct or indirect use of the institu9 tion’s funds to promote the acquisition of unsafeguarded

10 special nuclear material or the development, stockpiling, or

11 use of any nuclear explosive device by any non-nuclear12 weapon state.

13 (b) DUTIES OF UNITED STATES EXECUTIVE DIREC14 TORS.—Section 701(b)(3) of the International Financial

15 Institutions Act (22 U.S.C. 262d(b)(3)) is amended to read

16 as follows:

17 ‘‘(3) whether the recipient country—

18 ‘‘(A) is seeking to acquire unsafeguarded

19 special nuclear material (as defined in section

20 1330(6) of the Nuclear Proliferation Prevention

21 Act of 1994) or a nuclear explosive device (as de22 fined in section 1330(3) of that Act);

23 ‘‘(B) is not a State Party to the Treaty on

24 Non-Proliferation of Nuclear Weapons; or

25 ‘‘(C) has detonated a nuclear explosive de26 vice; and’’.
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1 SEC. 1324. AMENDMENTS TO THE FEDERAL DEPOSIT INSUR2 ANCE CORPORATION IMPROVEMENT ACT OF

3 1991.

4 The Federal Deposit Insurance Corporation Improve5 ment Act of 1991 is amended by adding at the end the fol6 lowing new title:

7 ‘‘TITLE VI—SANCTIONS ON

8 FINANCIAL INSTITUTIONS

9 ‘‘SEC. 601. PRESIDENTIAL DETERMINATION.

10 ‘‘(a) IN GENERAL.—The prohibitions in section 603

11 shall be imposed on a financial institution if the President

12 determines in writing that such financial institution, on

13 or after the date which is 60 days after the date of enact14 ment of this section, has materially and with requisite

15 knowledge contributed, through provision of financing or

16 other services, to the efforts by any individual, group, or

17 non-nuclear-weapon state to acquire unsafeguarded special

18 nuclear material or to use, develop, produce, stockpile, or

19 otherwise acquire any nuclear explosive device, as these

20 standards and terms would be applied under section

21 1321(a) of the Nuclear Proliferation Prevention Act of 1994.

22 ‘‘(b) PRESIDENTIAL ORDER.—Whenever the President

23 makes a determination under subsection (a) with respect

24 to a financial institution, the President shall issue an order

25 specifying a date within 180 days after such determination
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1 on which the prohibitions in section 603 shall begin to

2 apply to such institution.

3 ‘‘SEC. 602. ADDITIONAL ENTITIES AGAINST WHICH SANC4 TIONS ARE TO BE IMPOSED.

5 ‘‘The prohibitions described in section 603 shall also

6 be imposed, pursuant to section 601, on—

7 ‘‘(1) any successor entity to the financial institu8 tion with respect to which the President makes a de9 termination under section 601(a);

10 ‘‘(2) any foreign person or United States person

11 that is a parent or subsidiary of that financial insti12 tution if that parent or subsidiary materially and

13 with requisite knowledge assisted in the activities

14 which were the basis of that determination; and

15 ‘‘(3) any foreign person or United States person

16 that is an affiliate of that financial institution if that

17 affiliate materially and with requisite knowledge as18 sisted in the activities which were the basis of such

19 determination and if that affiliate is controlled in

20 fact by that financial institution.

21 ‘‘SEC. 603. PROHIBITIONS.

22 ‘‘The following prohibitions shall apply to a financial

23 institution with respect to which a determination is made

24 under section 601(a) and to the entities described in section

25 602:
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1 ‘‘(1) BAN ON DEALINGS IN GOVERNMENT FI2 NANCE.—

3 ‘‘(A) DESIGNATION AS PRIMARY DEALER.—

4 Neither the Board of Governors of the Federal

5 Reserve System nor the Federal Reserve Bank of

6 New York may designate, or permit the continu7 ation of any prior designation of, such financial

8 institution or any such entity as a primary

9 dealer in United States Government debt instru10 ments.

11 ‘‘(B) GOVERNMENT FUNDS.—Such financial

12 institution or any such entity shall not serve as

13 agent of the United States Government or serve

14 as repository for United States Government

15 funds.

16 ‘‘(2) RESTRICTIONS ON OPERATIONS.—Such fi17 nancial institution or any such entity shall not, di18 rectly or indirectly—

19 ‘‘(A) commence any line of business in the

20 United States in which it was not engaged as of

21 the date of the determination; or

22 ‘‘(B) conduct business from any location in

23 the United States at which it did not conduct

24 business as of the date of the determination.
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1 ‘‘SEC. 604. CONDITIONS AND TERMINATION OF SANCTIONS.

2 ‘‘The same requirements for consultation with the for3 eign government of jurisdiction, where appropriate, and for

4 termination of sanctions shall apply under this title as are

5 provided in subsections (b) and (e), respectively, of section

6 1321 of the Nuclear Proliferation Prevention Act of 1994.

7 ‘‘SEC. 605. WAIVER.

8 ‘‘The President may waive the imposition of any pro9 hibition imposed on any financial institution or other en10 tity pursuant to section 601 or 602 if the President deter11 mines and certifies in writing to the Congress that the im12 position of such prohibition would have a serious adverse

13 effect on the safety and soundness of the domestic or inter14 national financial system or on domestic or international

15 payments systems.

16 ‘‘SEC. 606. DEFINITIONS.

17 ‘‘As used in this title—

18 ‘‘(1) the term ‘financial institution’ includes—

19 ‘‘(A) a depository institution, including a

20 branch or agency of a foreign bank;

21 ‘‘(B) a securities firm, including a broker or

22 dealer;

23 ‘‘(C) an insurance company, including an

24 agency or underwriter;

25 ‘‘(D) any other company that provides pri26 marily financial services; or
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1 ‘‘(E) any subsidiary of any entity described

2 in subparagraph (A), (B), (C), or (D);

3 ‘‘(2) the term ‘requisite knowledge’ means situa4 tions in which a person ‘knows’, as ‘knowing’ is de5 fined in section 104 of the Foreign Corrupt Practices

6 Act of 1977 (15 U.S.C. 78dd–2); and

7 ‘‘(3) the terms ‘foreign person’ and ‘United

8 States person’ have the meanings given those terms in

9 section 1321(g) of the Nuclear Proliferation Preven10 tion Act of 1994.’’.

11 SEC. 1325. EXPORT-IMPORT BANK.

12 Section 2(b)(4) of the Export-Import Bank Act of 1945

13 (12 U.S.C. 635(b)(4)) is amended in the first sentence by

14 inserting after ‘‘device’’ the following: ‘‘(as defined in sec15 tion 1330(3) of the Nuclear Proliferation Prevention Act of

16 1994), or that any country has willfully aided or abetted

17 any non-nuclear-weapon state (as defined in section

18 1330(4) of that Act) to acquire any such nuclear explosive

19 device or to acquire unsafeguarded special nuclear material

20 (as defined in section 1330(6) of that Act).’’.

21 SEC. 1326. AMENDMENT TO THE ARMS EXPORT CONTROL

22 ACT.

23 (a) IN GENERAL.—The Arms Export Control Act is

24 amended by adding at the end the following new chapter:
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1 ‘‘CHAPTER 10—NUCLEAR

2 NONPROLIFERATION CONTROLS

3 ‘‘SEC. 1001. NUCLEAR ENRICHMENT TRANSFERS.

4 ‘‘(a) PROHIBITIONS; SAFEGUARDS AND MANAGE5 MENT.—Except as provided in subsection (b) of this section,

6 no funds authorized to be appropriated by the Foreign As7 sistance Act of 1961 or this Act may be used for the purpose

8 of providing economic assistance (including assistance

9 under chapter 4 of part II of the Foreign Assistance Act

10 of 1961), providing military assistance or grant military

11 education and training, providing assistance under chapter

12 6 of part II of that Act, or extending military credits or

13 making guarantees, to any country which, on or after Au14 gust 4, 1977, delivers nuclear enrichment equipment, mate15 rials, or technology to any other country, or receives such

16 equipment, materials, or technology from any other coun17 try, unless before such delivery—

18 ‘‘(1) the supplying country and receiving coun19 try have reached agreement to place all such equip20 ment, materials, or technology, upon delivery, under

21 multilateral auspices and management when avail22 able; and

23 ‘‘(2) the recipient country has entered into an

24 agreement with the International Atomic Energy

25 Agency to place all such equipment, materials, tech-
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1 nology, and all nuclear fuel and facilities in such

2 country under the safeguards system of such Agency.

3 ‘‘(b) CERTIFICATION BY PRESIDENT OF NECESSITY OF

4 CONTINUED ASSISTANCE; CONCURRENT RESOLUTION OF

5 DISAPPROVAL BY CONGRESS.—(1) Notwithstanding sub6 section (a) of this section, the President may furnish assist7 ance which would otherwise be prohibited under such sub8 section if he determines and certifies in writing to the

9 Speaker of the House of Representatives and the Committee

10 on Foreign Relations of the Senate that—

11 ‘‘(A) the termination of such assistance would

12 have a serious adverse effect on vital United States

13 interests; and

14 ‘‘(B) he has received reliable assurances that the

15 country in question will not acquire or develop nu16 clear weapons or assist other nations in doing so.

17 Such certification shall set forth the reasons supporting

18 such determination in each particular case.

19 ‘‘(2)(A) A certification under paragraph (1) of this

20 subsection shall take effect on the date on which the certifi21 cation is received by the Congress. However, if, within thir22 ty calendar days after receiving this certification, the Con23 gress adopts a concurrent resolution stating in substance

24 that the Congress disapproves the furnishing of assistance

25 pursuant to the certification, then upon the adoption of that
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1 resolution the certification shall cease to be effective and all

2 deliveries of assistance furnished under the authority of that

3 certification shall be suspended immediately.

4 ‘‘(B) Any concurrent resolution under this paragraph

5 shall be considered in the Senate in accordance with the

6 provisions of section 601(b) of the International Security

7 Assistance and Arms Export Control Act of 1976.

8 ‘‘(C) For the purpose of expediting the consideration

9 and adoption of concurrent resolutions under this para10 graph, a motion to proceed to the consideration of any such

11 resolution after it has been reported by the appropriate

12 committee shall be treated as highly privileged in the House

13 of Representatives.

14 ‘‘SEC. 1002. NUCLEAR REPROCESSING TRANSFERS, ILLEGAL

15 EXPORTS FOR NUCLEAR EXPLOSIVE DEVICES,

16 TRANSFERS OF NUCLEAR EXPLOSIVE DE17 VICES, AND NUCLEAR DETONATIONS.

18 ‘‘(a) PROHIBITIONS ON ASSISTANCE TO COUNTRIES

19 INVOLVED IN TRANSFER OF NUCLEAR REPROCESSING

20 EQUIPMENT, MATERIALS, OR TECHNOLOGY; EXCEPTIONS;

21 PROCEDURES APPLICABLE.—(1) Except as provided in

22 paragraph (2) of this subsection, no funds authorized to be

23 appropriated by the Foreign Assistance Act of 1961 or this

24 Act may be used for the purpose of providing economic as25 sistance (including assistance under chapter 4 of part II
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1 of the Foreign Assistance Act of 1961), providing military

2 assistance or grant military education and training, pro3 viding assistance under chapter 6 of part II of that Act,

4 or extending military credits or making guarantees, to any

5 country which (A) on or after August 4, 1977, delivers nu6 clear reprocessing equipment, materials, or technology to

7 any other country or receives such equipment, materials,

8 or technology from any other country (except for the trans9 fer of reprocessing technology associated with the investiga10 tion, under international evaluation programs in which the

11 United States participates, of technologies which are alter12 natives to pure plutonium reprocessing), or (B) is a non13 nuclear-weapon state which, on or after August 8, 1985, ex14 ports illegally (or attempts to export illegally) from the

15 United States any material, equipment, or technology

16 which would contribute significantly to the ability of such

17 country to manufacture a nuclear explosive device, if the

18 President determines that the material, equipment, or tech19 nology was to be used by such country in the manufacture

20 of a nuclear explosive device. For purposes of clause (B),

21 an export (or attempted export) by a person who is an agent

22 of, or is otherwise acting on behalf of or in the interests

23 of, a country shall be considered to be an export (or at24 tempted export) by that country.
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1 ‘‘(2) Notwithstanding paragraph (1) of this subsection,

2 the President in any fiscal year may furnish assistance

3 which would otherwise be prohibited under that paragraph

4 if he determines and certifies in writing during that fiscal

5 year to the Speaker of the House of Representatives and

6 the Committee on Foreign Relations of the Senate that the

7 termination of such assistance would be seriously preju8 dicial to the achievement of United States nonproliferation

9 objectives or otherwise jeopardize the common defense and

10 security. The President shall transmit with such certifi11 cation a statement setting forth the specific reasons therefor.

12 ‘‘(3)(A) A certification under paragraph (2) of this

13 subsection shall take effect on the date on which the certifi14 cation is received by the Congress. However, if, within 30

15 calendar days after receiving this certification, the Congress

16 adopts a concurrent resolution stating in substance that the

17 Congress disapproves the furnishing of assistance pursuant

18 to the certification, then upon the adoption of that resolu19 tion the certification shall cease to be effective and all deliv20 eries of assistance furnished under the authority of that cer21 tification shall be suspended immediately.

22 ‘‘(B) Any concurrent resolution under this paragraph

23 shall be considered in the Senate in accordance with the

24 provisions of section 601(b) of the International Security

25 Assistance and Arms Export Control Act of 1976.
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1 ‘‘(C) For the purpose of expediting the consideration

2 and adoption of concurrent resolutions under this para3 graph, a motion to proceed to the consideration of any such

4 resolution after it has been reported by the appropriate

5 committee shall be treated as highly privileged in the House

6 of Representatives.

7 ‘‘(b) PROHIBITIONS ON ASSISTANCE TO COUNTRIES

8 INVOLVED IN TRANSFER OR USE OF NUCLEAR EXPLOSIVE

9 DEVICES; EXCEPTIONS; PROCEDURES APPLICABLE.—(1)

10 Except as provided in paragraphs (4), (5), and (6), in the

11 event that the President determines that any country, after

12 the effective date of subtitle B of the Nuclear Proliferation

13 Prevention Act of 1994—

14 ‘‘(A) transfers to a non-nuclear-weapon state a

15 nuclear explosive device,

16 ‘‘(B) is a non-nuclear-weapon state and either—

17 ‘‘(i) receives a nuclear explosive device, or

18 ‘‘(ii) detonates a nuclear explosive device,

19 ‘‘(C) transfers to a non-nuclear-weapon state any

20 design information or component which is determined

21 by the President to be important to, and known by

22 the transferring country to be intended by the recipi23 ent state for use in, the development or manufacture

24 of any nuclear explosive device, or
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1 ‘‘(D) is a non-nuclear-weapon state and has

2 sought and received any design information or com3 ponent which is determined by the President to be im4 portant to, and intended by the recipient state for use

5 in, the development or manufacture of any nuclear

6 explosive device,

7 then the President shall forthwith report in writing his de8 termination to the Congress and shall forthwith impose the

9 sanctions described in paragraph (2) against that country.

10 ‘‘(2) The sanctions referred to in paragraph (1) are

11 as follows:

12 ‘‘(A) The United States Government shall termi13 nate assistance to that country under this Act, except

14 for humanitarian assistance or food or other agricul15 tural commodities.

16 ‘‘(B) The United States Government shall termi17 nate—

18 ‘‘(i) sales to that country under the Arms

19 Export Control Act of any defense articles, de20 fense services, or design and construction serv21 ices, and

22 ‘‘(ii) licenses for the export to that country

23 of any item on the United States Munitions List.
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1 ‘‘(C) The United States Government shall termi2 nate all foreign military financing for that country

3 under this Act.

4 ‘‘(D) The United States Government shall deny

5 to that country any credit, credit guarantees, or other

6 financial assistance by any department, agency, or

7 instrumentality of the United States Government, ex8 cept that the sanction of this subparagraph shall not

9 apply—

10 ‘‘(i) to any transaction subject to the report11 ing requirements of title V of the National Secu12 rity Act of 1947 (relating to congressional over13 sight of intelligence activities), or

14 ‘‘(ii) to humanitarian assistance.

15 ‘‘(E) The United States Government shall op16 pose, in accordance with section 701 of the Inter17 national Financial Institutions Act (22 U.S.C. 262d),

18 the extension of any loan or financial or technical as19 sistance to that country by any international finan20 cial institution.

21 ‘‘(F) The United States Government shall pro22 hibit any United States bank from making any loan

23 or providing any credit to the government of that

24 country, except for loans or credits for the purpose of

25 purchasing food or other agricultural commodities.
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1 ‘‘(G) The authorities of section 6 of the Export

2 Administration Act of 1979 shall be used to prohibit

3 exports to that country of specific goods and tech4 nology (excluding food and other agricultural com5 modities), except that such prohibition shall not

6 apply to any transaction subject to the reporting re7 quirements of title V of the National Security Act of

8 1947 (relating to congressional oversight of intel9 ligence activities).

10 ‘‘(3) As used in this subsection—

11 ‘‘(A) the term ‘design information’ means spe12 cific information that relates to the design of a nu13 clear explosive device and that is not available to the

14 public; and

15 ‘‘(B) the term ‘component’ means a specific com16 ponent of a nuclear explosive device.

17 ‘‘(4)(A) Notwithstanding paragraph (1) of this sub18 section, the President may, for a period of not more than

19 30 days of continuous session, delay the imposition of sanc20 tions which would otherwise be required under paragraph

21 (1)(A) or (1)(B) of this subsection if the President first

22 transmits to the Speaker of the House of Representatives,

23 and to the chairman of the Committee on Foreign Relations

24 of the Senate, a certification that he has determined that

25 an immediate imposition of sanctions on that country
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1 would be detrimental to the national security of the United

2 States. Not more than one such certification may be trans3 mitted for a country with respect to the same detonation,

4 transfer, or receipt of a nuclear explosive device.

5 ‘‘(B) If the President transmits a certification to the

6 Congress under subparagraph (A), a joint resolution which

7 would permit the President to exercise the waiver authority

8 of paragraph (5) of this subsection shall, if introduced in

9 either House within thirty days of continuous session after

10 the Congress receives this certification, be considered in the

11 Senate and House of Representatives in accordance with

12 subparagraphs (C) and (D) of this paragraph.

13 ‘‘(C) Any joint resolution under this paragraph shall

14 be considered in the Senate in accordance with the provi15 sions of section 601(b) of the International Security Assist16 ance and Arms Export Control Act of 1976.

17 ‘‘(D) For the purpose of expediting the consideration

18 and adoption of joint resolutions under this paragraph, a

19 motion to proceed to the consideration of such a joint resolu20 tion after it has been reported by the appropriate committee

21 shall be treated as highly privileged in the House of Rep22 resentatives.

23 ‘‘(E) For purposes of this paragraph, the term ‘‘joint

24 resolution’’ means a joint resolution the matter after the

25 resolving clause of which is as follows: ‘‘That the Congress
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1 having received on a certification by the President under

2 section 670(b)(4) of the Foreign Assistance Act of 1961 with

3 respect to, the Congress hereby authorizes the President to

4 exercise the waiver authority contained in section 670(b)(5)

5 of that Act.’’, with the date of receipt of the certification

6 inserted in the first blank and the name of the country in7 serted in the second blank.

8 ‘‘(5) Notwithstanding paragraph (1) of this subsection,

9 if the Congress enacts a joint resolution under paragraph

10 (4) of this subsection, the President may waive any sanction

11 which would otherwise be required under paragraph (1)(A)

12 or (1)(B) if he determines and certifies in writing to the

13 Speaker of the House of Representatives and the Committee

14 on Foreign Relations of the Senate that the imposition of

15 such sanction would be seriously prejudicial to the achieve16 ment of United State nonproliferation objectives or other17 wise jeopardize the common defense and security. The Presi18 dent shall transmit with such certification a statement set19 ting forth the specific reasons therefor.

20 ‘‘(6)(A) In the event the President is required to im21 pose sanctions against a country under paragraph (1)(C)

22 or (1)(D), the President shall forthwith so inform such

23 country and shall impose the required sanctions beginning

24 30 days after submitting to the Congress the report required

25 by paragraph (1) unless, and to the extent that, there is
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1 enacted during the 30-day period a law prohibiting the im2 position of such sanctions.

3 ‘‘(B) Notwithstanding any other provision of law, the

4 sanctions which are required to be imposed against a coun5 try under paragraph (1)(C) or (1)(D) shall not apply if

6 the President determines and certifies in writing to the

7 Committee on Foreign Relations and the Committee on

8 Governmental Affairs of the Senate and the Committee on

9 Foreign Affairs of the House of Representatives that the ap10 plication of such sanctions against such country would have

11 a serious adverse effect on vital United States interests. The

12 President shall transmit with such certification a statement

13 setting forth the specific reasons therefor.

14 ‘‘(7) For purposes of this subsection, continuity of ses15 sion is broken only by an adjournment of Congress sine die

16 and the days on which either House is not in session be17 cause of an adjournment of more than three days to a day

18 certain are excluded in the computation of any period of

19 time in which Congress is in continuous session.

20 ‘‘(8) The President may not delegate or transfer his

21 power, authority, or discretion to make or modify deter22 minations under this subsection.

23 ‘‘(c) ‘NON-NUCLEAR-WEAPON STATE’ DEFINED.—As

24 used in this section, the term ‘‘non-nuclear-weapon state’’

25 means any country which is not a nuclear-weapon state,
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1 as defined in Article IX(3) of the Treaty on the Non-Pro2 liferation of Nuclear Weapons.

3 ‘‘SEC. 1003. DEFINITION OF NUCLEAR EXPLOSIVE DEVICE.

4 ‘‘As used in this chapter, the term ‘nuclear explosive

5 device’ has the meaning given that term in section 1330(3)

6 of the Nuclear Proliferation Prevention Act of 1994.’’.

7 (b) REPEALS.—Sections 669 and 670 of the Foreign

8 Assistance Act of 1961 are hereby repealed.

9 (c) REFERENCES IN LAW.—Any reference in law as

10 of the date of enactment of this Act to section 669 or 670

11 of the Foreign Assistance Act of 1961 shall, after such date,

12 be deemed to be a reference to section 1001 or 1002, as the

13 case may be, of the Arms Export Control Act.

14 SEC. 1327. REWARD.

15 Section 36(a) of the State Department Basic Authori16 ties Act of 1956 (22 U.S.C. 2708(a)) is amended—

17 (1) by redesignating paragraphs (1) through (3)

18 as subparagraphs (A) through (C), respectively;

19 (2) by inserting ‘‘(1)’’ after ‘‘(a)’’; and

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

21 ‘‘(2) For purposes of this subsection, the term ‘act of

22 international terrorism’ includes any act substantially con23 tributing to the acquisition of unsafeguarded special nu24 clear material (as defined in section 1330(6) of the Nuclear

25 Proliferation Prevention Act of 1994) or any nuclear explo-
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1 sive device (as defined in section 1330(3) of that Act) by

2 an individual, group, or non-nuclear-weapon state, as de3 fined in section 1330(4) of that Act.’’.

4 SEC. 1328. REPORTS.

5 (a) CONTENT OF ACDA ANNUAL REPORT.—Section 51

6 of the Arms Control and Disarmament Act, as inserted by

7 this Act, is amended—

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

9 (5);

10 (2) by striking the period at the end of para11 graph (6) and inserting ‘‘; and’’;

12 (3) by adding after paragraph (6) the following

13 new paragraph:

14 ‘‘(7) a discussion of any material noncompliance

15 by foreign governments with their binding commit16 ments to the United States with respect to the preven17 tion of the spread of nuclear explosive devices (as de18 fined in section 1330(3) of the Nuclear Proliferation

19 Prevention Act of 1994) by non-nuclear-weapon states

20 (as defined in section 1330(4) of that Act) or the ac21 quisition by such states of unsafeguarded special nu22 clear material (as defined in section 1330(6) of that

23 Act), including—

24 ‘‘(A) a net assessment of the aggregate mili25 tary significance of all such violations;
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1 ‘‘(B) a statement of the compliance policy of

2 the United States with respect to violations of

3 those commitments; and

4 ‘‘(C) what actions, if any, the President has

5 taken or proposes to take to bring any nation

6 committing such a violation into compliance

7 with those commitments.’’; and

8 (4) by adding at the end the following new sub9 section:

10 ‘‘(c) REPORTING CONSECUTIVE NONCOMPLIANCE.—If

11 the President in consecutive reports submitted to the Con12 gress under this section reports that any designated nation

13 is not in full compliance with its binding nonproliferation

14 commitments to the United States, then the President shall

15 include in the second such report an assessment of what

16 actions are necessary to compensate for such violations.’’.

17 (b) REPORTING ON DEMARCHES.—(1) It is the sense

18 of the Congress that the Department of State should, in the

19 course of implementing its reporting responsibilities under

20 section 602(c) of the Nuclear Non-Proliferation Act of 1978,

21 include a summary of demarches that the United States has

22 issued or received from foreign governments with respect to

23 activities which are of significance from the proliferation

24 standpoint.
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1 (2) For purposes of this section, the term ‘‘demarche’’

2 means any official communication by one government to

3 another, by written or oral means, intended by the originat4 ing government to express—

5 (A) a concern over a past, present, or possible fu6 ture action or activity of the recipient government, or

7 of a person within the jurisdiction of that govern8 ment, contributing to the global spread of

9 unsafeguarded special nuclear material or of nuclear

10 explosive devices;

11 (B) a request for the recipient government to

12 counter such action or activity; or

13 (C) both the concern and request described in

14 subparagraphs (A) and (B).

15 (c) REPEAL.—Section 52 of the Arms Control and Dis16 armament Act (22 U.S.C. 2592), as in effect before the en17 actment of this Act, is hereby repealed.

18 SEC. 1329. TECHNICAL CORRECTION.

19 Section 133 b. of the Atomic Energy Act of 1954 (42

20 U.S.C. 2160c) is amended by striking ‘‘20 kilograms’’ and

21 inserting ‘‘5 kilograms’’.

22 SEC. 1330. DEFINITIONS.

23 For purposes of this subtitle—

24 (1) the term ‘‘goods or technology’’ means nu25 clear materials and equipment and sensitive nuclear
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1 technology (as such terms are defined in section 4 of

2 the Nuclear Non-Proliferation Act of 1978), all export

3 items designated by the President pursuant to section

4 309(c) of the Nuclear Non-Proliferation Act of 1978,

5 and all technical assistance requiring authorization

6 under section 57 b. of the Atomic Energy Act of 1954;

7 (2) the term ‘‘IAEA safeguards’’ means the safe8 guards set forth in an agreement between a country

9 and the International Atomic Energy Agency, as au10 thorized by Article III(A)(5) of the Statute of the

11 International Atomic Energy Agency;

12 (3) the term ‘‘nuclear explosive device’’ means

13 any device, whether assembled or disassembled, that is

14 designed to produce an instantaneous release of an

15 amount of nuclear energy from special nuclear mate16 rial that is greater than the amount of energy that

17 would be released from the detonation of one pound

18 of trinitrotoluene (TNT);

19 (4) the term ‘‘non-nuclear-weapon state’’ means

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

21 defined by Article IX (3) of the Treaty on the Non22 Proliferation of Nuclear Weapons, signed at Washing23 ton, London, and Moscow on July 1, 1968;
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1 (5) the term ‘‘special nuclear material’’ has the

2 meaning given that term in section 11 aa. of the

3 Atomic Energy Act of 1954 (42 U.S.C. 2014aa); and

4 (6) the term ‘‘unsafeguarded special nuclear ma5 terial’’ means special nuclear material which is held

6 in violation of IAEA safeguards or not subject to

7 IAEA safeguards (excluding any quantity of material

8 that could, if it were exported from the United States,

9 be exported under a general license issued by the Nu10 clear Regulatory Commission).

11 SEC. 1331. EFFECTIVE DATE.

12 The provisions of this subtitle, and the amendments

13 made by this subtitle, shall take effect 60 days after the date

14 of the enactment of this Act.

15 Subtitle C—International Atomic

16 Energy Agency

17 SEC. 1341. BILATERAL AND MULTILATERAL INITIATIVES.

18 It is the sense of the Congress that in order to maintain

19 and enhance international confidence in the effectiveness of

20 IAEA safeguards and in other multilateral undertakings to

21 halt the global proliferation of nuclear weapons, the United

22 States should seek to negotiate with other nations and

23 groups of nations, including the IAEA Board of Governors

24 and the Nuclear Suppliers Group, to—
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1 (1) build international support for the principle

2 that nuclear supply relationships must require pur3 chasing nations to agree to full-scope international

4 safeguards;

5 (2) encourage each nuclear-weapon state within

6 the meaning of the Treaty to undertake a comprehen7 sive review of its own procedures for declassifying in8 formation relating to the design or production of nu9 clear explosive devices and to investigate any meas10 ures that would reduce the risk of such information

11 contributing to nuclear weapons proliferation;

12 (3) encourage the deferral of efforts to produce

13 weapons-grade nuclear material for large-scale com14 mercial uses until such time as safeguards are devel15 oped that can detect, on a timely and reliable basis,

16 the diversion of significant quantities of such mate17 rial for nuclear explosive purposes;

18 (4) pursue greater financial support for the im19 plementation and improvement of safeguards from all

20 IAEA member nations with significant nuclear pro21 grams, particularly from those nations that are cur22 rently using or planning to use weapons-grade nu23 clear material for commercial purposes;
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1 (5) arrange for the timely payment of annual fi2 nancial contributions by all members of the IAEA,

3 including the United States;

4 (6) pursue a prohibition on international com5 merce in highly enriched uranium for use in research

6 reactors while encouraging multilateral cooperation to

7 develop and to use low-enriched alternative nuclear

8 fuels;

9 (7) oppose efforts by non-nuclear-weapon states

10 to develop or use unsafeguarded nuclear fuels for pur11 poses of naval propulsion;

12 (8) pursue an international open skies arrange13 ment that would authorize the IAEA to operate sur14 veillance aircraft and would facilitate IAEA access to

15 satellite information for safeguards verification pur16 poses;

17 (9) develop an institutional means for IAEA

18 member nations to share intelligence material with

19 the IAEA on possible safeguards violations without

20 compromising national security or intelligence

21 sources or methods;

22 (10) require any exporter of a sensitive nuclear

23 facility or sensitive nuclear technology to a non-nu24 clear-weapon state to notify the IAEA prior to export
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1 and to require safeguards over that facility or tech2 nology, regardless of its destination; and

3 (11) seek agreement among the parties to the

4 Treaty to apply IAEA safeguards in perpetuity and

5 to establish new limits on the right to withdraw from

6 the Treaty.

7 SEC. 1342. IAEA INTERNAL REFORMS.

8 In order to promote the early adoption of reforms in

9 the implementation of the safeguards responsibilities of the

10 IAEA, the Congress urges the President to negotiate with

11 other nations and groups of nations, including the IAEA

12 Board of Governors and the Nuclear Suppliers Group, to—

13 (1) improve the access of the IAEA within nu14 clear facilities that are capable of producing, process15 ing, or fabricating special nuclear material suitable

16 for use in a nuclear explosive device;

17 (2)(A) facilitate the IAEA’s efforts to meet and

18 to maintain its own goals for detecting the diversion

19 of nuclear materials and equipment, giving particu20 lar attention to facilities in which there are bulk

21 quantities of plutonium; and

22 (B) if it is not technically feasible for the IAEA

23 to meet those detection goals in a particular facility,

24 require the IAEA to declare publicly that it is unable

25 to do so;
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1 (3) enable the IAEA to issue fines for violations

2 of safeguards procedures, to pay rewards for informa3 tion on possible safeguards violations, and to establish

4 a ‘hot line’ for the reporting of such violations and

5 other illicit uses of weapons-grade nuclear material;

6 (4) establish safeguards at facilities engaged in

7 the manufacture of equipment or material that is es8 pecially designated or prepared for the processing,

9 use, or production of special fissionable material or,

10 in the case of non-nuclear-weapon states, of any nu11 clear explosive device;

12 (5) establish safeguards over nuclear research

13 and development activities and facilities;

14 (6) implement special inspections of undeclared

15 nuclear facilities, as provided for under existing safe16 guards procedures, and seek authority for the IAEA

17 to conduct challenge inspections on demand at sus18 pected nuclear sites;

19 (7) expand the scope of safeguards to include

20 tritium, uranium concentrates, and nuclear waste

21 containing special fissionable material, and increase

22 the scope of such safeguards on heavy water;

23 (8) revise downward the IAEA’s official mini24 mum amounts of nuclear material (‘‘significant

25 quantity’’) needed to make a nuclear explosive device
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1 and establish these amounts as national rather than

2 facility standards;

3 (9) expand the use of full-time resident IAEA in4 spectors at sensitive fuel cycle facilities;

5 (10) promote the use of near real time material

6 accountancy in the conduct of safeguards at facilities

7 that use, produce, or store significant quantities of

8 special fissionable material;

9 (11) develop with other IAEA member nations

10 an agreement on procedures to expedite approvals of

11 visa applications by IAEA inspectors;

12 (12) provide the IAEA the additional funds,

13 technical assistance, and political support necessary

14 to carry out the goals set forth in this subsection; and

15 (13) make public the annual safeguards imple16 mentation report of the IAEA, establishing a public

17 registry of commodities in international nuclear com18 merce, including dual-use goods, and creating a pub19 lic repository of current nuclear trade control laws,

20 agreements, regulations, and enforcement and judicial

21 actions by IAEA member nations.

22 SEC. 1343. REPORTING REQUIREMENT.

23 (a) REPORT REQUIRED.—The President shall, in the

24 report required by section 601(a) of the Nuclear Non-Pro25 liferation Act of 1978, describe—
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1 (1) the steps he has taken to implement sections

2 1341 and 1342, and

3 (2) the progress that has been made and the ob4 stacles that have been encountered in seeking to meet

5 the objectives set forth in sections 1341 and 1342.

6 (b) CONTENTS OF REPORT.—Each report under para7 graph (1) shall describe—

8 (1) the bilateral and multilateral initiatives that

9 the President has taken during the period since the

10 enactment of this Act in pursuit of each of the objec11 tives set forth in sections 1341 and 1342;

12 (2) any obstacles that have been encountered in

13 the pursuit of those initiatives;

14 (3) any additional initiatives that have been

15 proposed by other countries or international organi16 zations to strengthen the implementation of IAEA

17 safeguards;

18 (4) all activities of the Federal Government in

19 support of the objectives set forth in sections 1341 and

20 1342;

21 (5) any recommendations of the President on ad22 ditional measures to enhance the effectiveness of IAEA

23 safeguards; and
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1 (6) any initiatives that the President plans to

2 take in support of each of the objectives set forth in

3 sections 1341 and 1342.

4 SEC. 1344. DEFINITIONS.

5 As used in this subtitle—

6 (1) the term ‘‘highly enriched uranium’’ means

7 uranium enriched to 20 percent or more in the iso8 tope U–235;

9 (2) the term ‘‘IAEA’’ means the International

10 Atomic Energy Agency;

11 (3) the term ‘‘near real time material account12 ancy’’ means a method of accounting for the location,

13 quantity, and disposition of special fissionable mate14 rial at facilities that store or process such material,

15 in which verification of peaceful use is continuously

16 achieved by means of frequent physical inventories

17 and the use of in-process instrumentation;

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

19 the meaning given that term by Article XX(1) of the

20 Statute of the International Atomic Energy Agency,

21 done at the Headquarters of the United Nations on

22 October 26, 1956;

23 (5) the term ‘‘the Treaty’’ means the Treaty on

24 the Non-Proliferation of Nuclear Weapons, signed at
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1 Washington, London, and Moscow on July 1, 1968;

2 and

3 (6) the terms ‘‘IAEA safeguards’’, ‘‘non-nuclear4 weapon state’’, ‘‘nuclear explosive device’’, and ‘‘spe5 cial nuclear material’’ have the meanings given those

6 terms in section 1330 of this Act.

7 TITLE XIV—CROATIA

8 SEC. 1401. FINDINGS.

9 The Congress finds that—

10 (a) The international boundaries between the

11 independent countries of the former Yugoslavia are

12 the same as the internal borders among the constitu13 ent republics of the former Yugoslavia as specified in

14 the 1974 Yugoslav Federal Constitution (except with

15 regard to the border between Serbia and Montenegro)

16 and cannot be altered without the consent of all coun17 tries concerned.

18 (b) The Government of Croatia is violating the

19 sovereignty of Bosnia-Hercegovina by sending thou20 sands of Croatian troops to Hercegovina, ostensibly to

21 counter an offensive against ethnic Coratian civilians

22 by Bosnian Government forces.

23 (c) Croatian forces are interfering with United

24 Nations peacekeeping operations, including the deliv25 ery of humanitarian aid to Bosnia-Hercegovina.
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1 SEC. 1402. POLICY TOWARDS CROATIA.

2 It is the sense of the Senate that the President should

3 consider taking the following actions—

4 (a) Instruct the United States Executive Director

5 or representative at all international financial insti6 tutions of which the United States is a member to

7 vote against all loans except for loans directed at pro8 grams which serve basic human needs to Croatia;

9 (b) Provide no assistance to Croatia (except for

10 humanitarian and refugee assistance);

11 (c) Make no sales to Croatia of any kind of mili12 tary equipment;

13 (d) Prohibit the licensing of commercial military

14 sales to Croatia;

15 (e) Provide no credits, and provide no guaran16 tees of any credits to Croatia;

17 (f) Prohibit the sale or transfer to Croatia of any

18 item subject to export controls by any agency of the

19 United States;

20 (g) Direct the Secretary of Transportation to re21 voke the right of any air carrier designated by the

22 Government of Croatia to provide service to the Unit23 ed States; and

24 (h) Negotiate comprehensive multilateral sanc25 tions pursuant to the provisions of Chapter 7 of the

26 United Nations Charter.
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1 TITLE XV—UNITED STATES PAR2 TICIPATION IN UNITED NA3 TIONS PEACEKEEPING OPER4 ATIONS

5 SEC. 1501. COST ASSESSMENT REPORT REGARDING ANY

6 UNITED STATES PARTICIPATION IN ACTION

7 UNDER ARTICLE 42 OF THE UNITED NATIONS

8 CHARTER.

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

10 (b), at least 15 days before—

11 (1) any obligation of funds for United States

12 participation in international peace operations, or

13 (2) any vote by the Security Council to take ac14 tion under Article 42 of the Charter of the United Na15 tions which would involve the use of United States

16 Armed Forces,

17 the President shall submit to the Committee on Foreign Re18 lations and the Committee on Appropriations of the Senate

19 and the Committee on Foreign Affairs and the Committee

20 on Appropriations of the House of Representatives a report

21 containing a cost assessment of the participation of the

22 United States Armed Forces in those operations.

23 (b) EXCEPTION.—The period for submission of the re24 port specified in subsection (a) shall not apply if the Presi-
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1 dent determines that an emergency exists which prevents

2 submission of the report in a timely manner.

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

4 term ‘‘United States participation in international peace

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

6 Forces—

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

8 by the Security Council under Article 42 of the Char9 ter of the United Nations; or

10 (2) consistent with the United Nations Partici11 pation Act of 1945.

12 SEC. 1502. CONGRESSIONAL NOTIFICATION REGARDING

13 ANY UNITED STATES IMPLEMENTATION OF

14 ARTICLE 43 OF THE UNITED NATIONS CHAR15 TER.

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

17 (b), at least 15 days before any agency or entity of the Unit18 ed States Government makes available armed forces, assist19 ance, or facilities to the United Nations under Article 43

20 of the United Nations Charter, the President shall so notify

21 the Committee on Foreign Relations and the Committee on

22 Appropriations of the Senate and the Committee on Foreign

23 Affairs and the Committee on Appropriations of the House

24 of Representatives.
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1 (b) EXCEPTION.—The period for notifying Congress in

2 subsection (a) shall not apply if the President determines

3 that an emergency exists which prevents making a notifica4 tion in a timely manner.

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

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

7 the provision of logistical support and the grant of rights

8 of passage.

9 SEC. 1503. REPORT ON UNITED NATIONS PEACEKEEPING

10 ACTIVITIES.

11 Not later than 90 days after the date of enactment of

12 this Act, and each year thereafter at the time of the Presi13 dent’s budget submission to Congress, the Secretary of State,

14 after consultation with the heads of other relevant Federal

15 agencies (including the Department of Defense), shall sub16 mit to the Committee on Foreign Affairs of the House of

17 Representatives and the Committee on Foreign Relations of

18 the Senate a report on United States contributions to Unit19 ed Nations peacekeeping activities. Such report shall in20 clude—

21 (1) the overall cost of all peacekeeping operations

22 as of the date of the report;

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

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

4 (4) an assessment of the effectiveness of ongoing

5 peacekeeping operations, their relevance to United

6 States national interests, the efforts by the United Na7 tions to resolve the relevant armed conflicts, and the

8 projected termination dates for such operations.

9 SEC. 1504. UNITED STATES PARTICIPATION IN UNITED NA10 TIONS PEACEKEEPING OPERATIONS.

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

12 (1) the President of the United States has as13 serted that reform of United Nations peacekeeping op14 erations is to be of the highest national priority in

15 furtherance of United States national security objec16 tives;

17 (2) at the direction of the President of the United

18 States the National Security Council is coordinating

19 a comprehensive review of United States policy to20 wards United Nations peacekeeping operations on

21 which the Congress of the United States is to be con22 sulted;

23 (3) in cooperation with the Congress of the Unit24 ed States, the purpose of the National Security Coun25 cil review is to reform policies and programs govern-
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1 ing United States participation in United Nations

2 operations;

3 (4) in conjunction with the President’s review,

4 the Majority Leader of the United States Senate has

5 requested the Committee on Foreign Relations, the

6 Committee on Armed Services, and the Senate Select

7 Committee on Intelligence to examine thoroughly the

8 proper role of United States troops in the post-Cold

9 War world and the implications for United States

10 foreign policy with the intent of enacting legislation,

11 in cooperation with the President, regarding United

12 States policy toward post-Cold War conflicts, United

13 States involvement in peacekeeping operations, and of

14 establishing a process to ensure proper accommoda15 tions of legislative and executive branch prerogatives

16 in addressing such issues;

17 (5) such a process will embody sound constitu18 tional principles and reflect the appropriate roles of

19 the President and the Congress relating to the use of

20 United States Armed Forces both in unilateral and

21 multilateral operations in order for such operations to

22 enjoy the support of both the executive and legislative

23 branches and the American people; and
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1 (6) the concerned committees of jurisdiction have

2 initiated a process of examination of the appropriate

3 use of United States Forces.

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

5 that—

6 (1) the primacy of United States national secu7 rity interests with respect to United States participa8 tion in and support for United Nations peacekeeping

9 activities must be maintained;

10 (2) congressional oversight of United Nations

11 peacekeeping activities and other United Nations ac12 tivities must be strengthened;

13 (3) coordination between the executive and legis14 lative branches of Government regarding United

15 States participation in and support for United Na16 tions peacekeeping operations must be improved and

17 communication between the two branches prompt;

18 (4) the Congress should be notified in advance of

19 the intent to approve United Nations peacekeeping

20 operations;

21 (5) for United Nations peacekeeping operations

22 that would involve the participation of United States

23 combat forces, such notification should include de24 tailed information concerning command and control
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1 arrangements for such forces, their military mission

2 and objectives, and their rules of engagement; and

3 (6) United States contributions to United Na4 tions peacekeeping activities must be fair and equi5 table.

Attest:

Secretary.
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