I

103D CONGRESS

1ST SESSION H. R. 2333

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

Information Agency, and related agencies, to authorize appropriations

for foreign assistance programs, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

JUNE 8, 1993

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

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

A BILL

To authorize appropriations for the Department of State,

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

programs, and for other purposes.

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

3 SECTION 1. SHORT TITLES.

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

5 ‘‘International Relations Act of 1993’’.

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

7 as the ‘‘State Department, USIA, and Related Agencies

8 Authorization Act, Fiscal Years 1994 and 1995’’.
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1 (c) DIVISION B.—Division B of this Act may be cited

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

3 SEC. 2. TABLE OF CONTENTS.

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

Sec. 1. Short titles.

Sec. 2. Table of contents.

DIVISION A—STATE DEPARTMENT, USIA, AND RELATED

AGENCIES

TITLE I—DEPARTMENT OF STATE AND RELATED AGENCIES

PART A—AUTHORIZATION OF APPROPRIATIONS

Sec. 101. Administration of foreign affairs.

Sec. 102. Agency for International Development operating expenses.

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

Sec. 104. International commissions.

Sec. 105. Migration and refugee assistance.

Sec. 106. Other programs.

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

PART B—AUTHORITIES AND ACTIVITIES

Sec. 111. Emergencies in the diplomatic and consular service.

Sec. 112. Transfers and reprogrammings.

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

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

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

Sec. 116. Prohibition on discriminatory contracts.

Sec. 117. Authorized strength of the foreign service.

Sec. 118. Role of the Foreign Service Institute.

Sec. 119. Reporting requirement on American prisoners abroad.

Sec. 120. Consular authorities.

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

Sec. 122. Report on consolidation of administrative operations.

Sec. 123. Local guard contracts abroad.

Sec. 124. Visas.

Sec. 125. Consular and diplomatic posts abroad.

Sec. 126. Diplomatic security program.

PART C—DEPARTMENT OF STATE ORGANIZATION

Sec. 131. Organizing principles.

Sec. 132. Organization of the Department of State.

Sec. 133. Technical and conforming amendments.

Sec. 134. Director General of the Foreign Service.

PART D—PERSONNEL

Sec. 141. Labor-management relations.

Sec. 142. Voluntary retirement incentive program.
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Sec. 143. Waiver of limit for certain claims for personal property damage or

loss.

Sec. 144. Salaries of chiefs of mission.

Sec. 145. Senior Foreign Service performance pay.

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

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

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

PART E—INTERNATIONAL ORGANIZATIONS

Sec. 161. International Atomic Energy Agency safeguards.

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

international organizations.

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

and its specialized agencies.

Sec. 164. International Boundary and Water Commission.

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

Organization.

PART F—MISCELLANEOUS PROVISIONS

Sec. 181. Women’s human rights protection.

Sec. 182. Publishing international agreements.

Sec. 183. Migration and refugee amendments.

Sec. 184. United Nations Security Council membership.

Sec. 185. Performance of longshore work by alien crewmen.

Sec. 186. Interparliamentary exchanges.

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

displaced persons.

Sec. 188. Policy on Middle East arms sales.

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

Sec. 190. Sense of Congress concerning United States citizens victimized by

Germany during World War II.

TITLE II—UNITED STATES INFORMATIONAL, EDUCATIONAL, AND

CULTURAL PROGRAMS

PART A—AUTHORIZATION OF APPROPRIATIONS

Sec. 201. Authorization of appropriations.

PART B—INTERNATIONAL BROADCASTING AUTHORITIES AND ACTIVITIES

Sec. 211. Short title.

Sec. 212. Findings and declarations.

Sec. 213. Standards.

Sec. 214. Functions.

Sec. 215. Administration.

Sec. 216. USIA satellite and television.

Sec. 217. Repeal of Board for International Broadcasting Act.

Sec. 218. Conforming amendments.

Sec. 219. Israel relay station.

Sec. 220. Requirement for authorization for appropriations.

Sec. 221. Report on advertising.

PART C—USIA AND RELATED AGENCIES AUTHORITIES AND ACTIVITIES

Sec. 231. Security requirements of USIA.
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Sec. 232. Employment authority.

Sec. 233. Buying power maintenance account.

Sec. 234. Contract authority.

Sec. 235. Appropriations authorities.

Sec. 236. Funds provided by other sources.

Sec. 237. Technical amendment.

Sec. 238. Separate ledger accounts for NED grantees.

Sec. 239. American studies collection.

Sec. 240. South Pacific exchange programs.

Sec. 241. Coordination of United States exchange programs.

Sec. 242. Limitation concerning participation in international expositions.

Sec. 243. Private sector opportunities.

Sec. 244. Educational and cultural exchanges with Tibet.

PART D—MIKE MANSFIELD FELLOWSHIPS

Sec. 251. Short title.

Sec. 252. Establishment of fellowship program.

Sec. 253. Program requirements.

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

Sec. 255. Mansfield fellowship review board.

Sec. 256. Definitions.

PART E—FACILITATION OF PRIVATE SECTOR INITIATIVES

Sec. 261. Short title.

Sec. 262. Exchange of information and related transactions.

Sec. 263. Educational, cultural, religious, and scientific activities and exchanges.

Sec. 264. Establishment of news bureaus.

Sec. 265. Foreign Assistance Act of 1961.

Sec. 266. United Nations Participation Act of 1945.

Sec. 267. Applicability.

TITLE III—ARMS CONTROL AND DISARMAMENT AGENCY

Sec. 301. Purposes

Sec. 302. ACDA Director.

Sec. 303. Special Representatives.

Sec. 304. Negotiations management.

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

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

Sec. 307. Requirement for authorization of appropriations.

DIVISION B—FOREIGN ASSISTANCE AND RELATED PROGRAMS

TITLE XI—REFORM OF FOREIGN ASSISTANCE PROGRAMS

Sec. 1101. Need for foreign assistance reform.

Sec. 1102. Evaluation and accountability.

TITLE XII—AUTHORIZATIONS FOR FOREIGN ASSISTANCE

PROGRAMS

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

Sec. 1202. Housing guarantee program.

Sec. 1203. Overseas Private Investment Corporation.

Sec. 1204. Special debt reduction authority.
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Sec. 1205. Special Defense Acquisition Fund.

TITLE XIII—REGIONAL PROVISIONS

Sec. 1301. Sub-Saharan Africa disaster assistance.

Sec. 1302. African Development Foundation.

Sec. 1303. Conflict resolution initiative for Africa.

Sec. 1304. SADC projects.

Sec. 1305. South Africa.

Sec. 1306. Sudan.

Sec. 1307. Zaire.

Sec. 1308. Afghanistan humanitarian assistance.

Sec. 1309. Multilateral Assistance Initiative for the Philippines.

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

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

Sec. 1312. Assistance for Mongolia.

Sec. 1313. Termination of IMET program for Malta.

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

Sec. 1315. Waiver of Brooke amendment for Nicaragua.

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

Sec. 1317. Assistance for the Middle East.

Sec. 1318. Military drawdown for Israel.

TITLE XIV—PROVISIONS RELATING TO ARMS TRANSFERS

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

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

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

Sec. 1404. Exception to payment of full cost for sales of defense training services to certain countries and international organizations.

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

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

TITLE XV—OTHER FOREIGN ASSISTANCE PROVISIONS

Sec. 1501. Interest accruing to nongovernmental organizations.

Sec. 1502. Private Sector Revolving Fund.

Sec. 1503. Development assistance through nongovernmental organizations.

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

Sec. 1505. Capital projects.

Sec. 1506. Microenterprise development.

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

Sec. 1508. Authority to provide reconstruction assistance under international

disaster assistance.
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1 DIVISION A—STATE DEPART2 MENT, USIA, AND RELATED

3 AGENCIES

4 TITLE I—DEPARTMENT OF

5 STATE AND RELATED AGENCIES

6 PART A—AUTHORIZATION OF APPROPRIATIONS

7 SEC. 101. ADMINISTRATION OF FOREIGN AFFAIRS.

8 (a) IN GENERAL.—The following amounts are au9 thorized to be appropriated for the Department of State

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

11 the authorities, functions, duties, and responsibilities in

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

13 for other purposes authorized by law, including the diplo14 matic security program:

15 (1) DIPLOMATIC AND CONSULAR PROGRAMS.—

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

17 Department of State $1,685,047,000 for the fiscal

18 year 1994 and $1,730,543,000 for the fiscal year

19 1995.

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

21 and Expenses’’, of the Department of State

22 $446,203,000 for the fiscal year 1994 and

23 $458,250,000 for the fiscal year 1995.

24 (3) ACQUISITION AND MAINTENANCE OF BUILD25 INGS ABROAD.—For ‘‘Acquisition and Maintenance
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1 of Buildings Abroad’’, $406,481,000 for the fiscal

2 year 1994 and $417,523,000 for the fiscal year

3 1995.

4 (4) BUYING POWER MAINTENANCE FUND.—

5 For ‘‘Buying Power Maintenance Fund’’,

6 $4,000,000 for the fiscal year 1994 and $4,104,000

7 for the fiscal year 1995.

8 (5) REPRESENTATION ALLOWANCES.—For

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

10 fiscal year 1994 and $5,012,000 for the fiscal year

11 1995.

12 (6) EMERGENCIES IN THE DIPLOMATIC AND

13 CONSULAR SERVICE.—For ‘‘Emergencies in the Dip14 lomatic and Consular Service,’’ $8,000,000 for the

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

16 (7) OFFICE OF THE INSPECTOR GENERAL.—

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

18 for the fiscal year 1994 and $24,704,000 for the fis19 cal year 1995.

20 (8) PAYMENT TO THE AMERICAN INSTITUTE IN

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

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

23 and $15,902,000 for the fiscal year 1995.

24 (9) PROTECTION OF FOREIGN MISSIONS AND

25 OFFICIALS.—For ‘‘Protection of Foreign Missions
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1 and Officials’’, $10,814,000 for the fiscal year 1994

2 and $11,095,000 for the fiscal year 1995.

3 (10) REPATRIATION LOANS.—For ‘‘Repatri4 ation Loans’’, $817,000 for the fiscal year 1994 and

5 $838,000 for the fiscal year 1995, for administrative

6 expenses.

7 (b) LIMITATIONS.—

8 (1) Of the amounts authorized to be appro9 priated for ‘‘Salaries and Expenses’’ under sub10 section (a)(2)—

11 (A) $500,000 is authorized to be available

12 for the fiscal year 1994 and $500,000 for the

13 fiscal year 1995 for the Department of State

14 for the recruitment of Hispanic American stu15 dents from United States institutions of higher

16 education with a high percentage enrollment of

17 Hispanic Americans and for the training of

18 Hispanic Americans for careers in the Foreign

19 Service and in international affairs; and

20 (B) not more than $100,000,000 for each

21 of the fiscal years 1994 and 1995 shall be avail22 able for the Bureau of Diplomatic Security.

23 (2) Of the amounts authorized to be appro24 priated for ‘‘Diplomatic and Consular Programs’’

25 under subsection (a)(1), $10,000,000 is authorized
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1 to be available for each of the fiscal years 1994 and

2 1995 for grants, contracts, and other activities to

3 conduct research and promote international coopera4 tion on environmental and other scientific issues.

5 (3) Of the amounts authorized to be appro6 priated for ‘‘Acquisition and Maintenance of Build7 ings Abroad’’ under subsection (a)(3) and amounts

8 otherwise authorized to be appropriated, not more

9 than $40,000,000 shall be available for each of the

10 fiscal years 1994 and 1995 for administration.

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

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

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

15 is authorized to be available for fiscal year 1995,

16 only for administrative expenses associated with the

17 conduct of refugee programs by the Bureau for Ref18 ugee Programs, or any successor bureau.

19 SEC. 102. AGENCY FOR INTERNATIONAL DEVELOPMENT

20 OPERATING EXPENSES.

21 (a) AUTHORIZATION OF APPROPRIATIONS.—

22 (1) There are authorized to be appropriated to

23 the President, in addition to funds otherwise avail24 able for such purposes—
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1 (A) $ 512,000,000 for the fiscal year 1994

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

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

5 Public Law 87–195; and

6 (B) such amounts as may be necessary for

7 fiscal year 1994 and fiscal year 1995 for in8 creases in salary, pay, retirement, and other

9 employee benefits authorized by law, and for

10 other nondiscretionary costs of the agency pri11 marily responsible for administering part I of

12 Public Law 87–195.

13 (2) Effective October 1, 1993, section 667 of

14 Public Law 87–195 (22 U.S.C. 2427) is repealed.

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

17 to the President, in addition to funds otherwise available

18 for such purposes—

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

20 $39,916,000 for fiscal year 1995 for necessary oper21 ating expenses of the Office of the Inspector General

22 of the agency primarily responsible for administering

23 part I of Public Law 87–195; and

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

3 (c) AVAILABILITY OF FUNDS.—Amounts appro4 priated under this section are authorized to remain avail5 able until expended.

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

8 funds authorized to be appropriated under this section.

9 SEC. 103. INTERNATIONAL ORGANIZATIONS, PROGRAMS,

10 AND CONFERENCES.

11 (a) ASSESSED CONTRIBUTIONS TO INTERNATIONAL

12 ORGANIZATIONS.—

13 (1) There are authorized to be appropriated for

14 ‘‘Contributions to International Organizations’’,

15 $935,885,000 for the fiscal year 1994 and

16 $935,053,000 for the fiscal year 1995 for the De17 partment of State to carry out the authorities, func18 tions, duties, and responsibilities in the conduct of

19 the foreign affairs of the United States with respect

20 to international organizations and to carry out other

21 authorities in law consistent with such purposes.

22 (2) Of the amounts authorized to be appro23 priated under paragraph (1) for fiscal year 1994,

24 not more than $875,885,000 may be obligated or ex25 pended in that fiscal year.
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1 (b) ASSESSED CONTRIBUTIONS FOR INTERNATIONAL

2 PEACEKEEPING ACTIVITIES.—There are authorized to be

3 appropriated for ‘‘Contributions for International Peace4 keeping Activities’’, $619,736,000 for the fiscal year 1994

5 and $636,469,000 for the fiscal year 1995 for the Depart6 ment of State to carry out the authorities, functions, du7 ties, and responsibilities in the conduct of the foreign af8 fairs of the United States with respect to international

9 peacekeeping activities and to carry out other authorities

10 in law consistent with such purposes.

11 (c) PEACEKEEPING OPERATIONS.—There are author12 ized to be appropriated for ‘‘Peacekeeping Operations’’,

13 $77,166,000 for the fiscal year 1994 and $77,166,000 for

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

15 out section 551 of Public Law 87–195.

16 (d) INTERNATIONAL CONFERENCES AND CONTIN17 GENCIES.—There are authorized to be appropriated for

18 ‘‘International Conferences and Contingencies’’,

19 $6,600,000 for the fiscal year 1994 and $6,743,000 for

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

21 out the authorities, functions, duties, and responsibilities

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

23 with respect to international conferences and contin24 gencies and to carry out other authorities in law consistent

25 with such purposes.
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1 (e) INTERNATIONAL ORGANIZATIONS AND PRO2 GRAMS.—

3 (1) IN GENERAL.—There are authorized to be

4 appropriated for the Department of State for ‘‘Inter5 national Organizations and Programs’’,

6 $407,750,000 for the fiscal year 1994 and

7 $392,750,000 for the fiscal year 1995.

8 (2) UNITED NATIONS POPULATION FUND.—

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

10 of the funds authorized to be appropriated for

11 ‘‘International Organizations and Programs’’

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

13 to be made available for each of the fiscal years

14 1994 and 1995 for the United Nations Popu15 lation Fund.

16 (B) The availability of funds under sub17 paragraph (A) shall be subject to the following

18 limitations:

19 (i) None of the funds made available

20 under subparagraph (A) may be made

21 available for programs in the People’s Re22 public of China.

23 (ii) The prohibitions contained in sec24 tion 104(f) of the Foreign Assistance Act

25 of 1961 (relating to prohibitions on fund-
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1 ing for abortion as a method of family

2 planning, coercive abortion, and involun3 tary sterilization) shall apply to the funds

4 made available for the United Nations

5 Population Fund.

6 (iii) The United Nations Population

7 Fund shall be required to maintain the

8 funds made available under subparagraph

9 (A) in a separate account and not commin10 gle such funds with any other funds.

11 (C) Of the funds authorized to be available

12 under subparagraph (A), for each of the fiscal

13 years 1994 and 1995, $13,784,500 is author14 ized to be available only if the President cer15 tifies to the Congress that the United Nations

16 Population Fund has terminated all activities in

17 the People’s Republic of China.

18 (3) UNITED NATIONS DEVELOPMENT PRO19 GRAM.—

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

21 of the funds authorized to be appropriated

22 under paragraph (1) $126,929,000 is author23 ized to be available for each of the fiscal years

24 1994 and 1995 for the United Nations Develop25 ment Program.
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1 (B) None of the funds made available

2 under subparagraph (A) shall be available for

3 programs and activities in or for Myanmar

4 (Burma).

5 (C) Of the funds authorized to be available

6 under subparagraph (A), $32,000,000 for each

7 of the fiscal years 1994 and 1995 may be avail8 able only if the President certifies to the Con9 gress that the United Nations Development

10 Program has terminated all programs and ac11 tivities in or for Myanmar (Burma).

12 (4) INTERNATIONAL ATOMIC ENERGY AGEN13 CY.—

14 (A) Subject to subparagraph (B), of the

15 amounts authorized to be appropriated for

16 ‘‘International Organizations and Programs’’

17 under paragraph (1), $40,000,000 for fiscal

18 year 1994 and $40,000,000 for fiscal year 1995

19 is authorized to be available only for contribu20 tions to the International Atomic Energy

21 Agency.

22 (B) Of the amounts authorized to be avail23 able under subparagraph (A), $10,000,000 is

24 authorized to be available for each of the fiscal
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1 years 1994 and 1995 only for the purpose of

2 section 161.

3 (5) UNITED NATIONS ENVIRONMENT PRO4 GRAM.—Of the amounts authorized to be appro5 priated for ‘‘International Organizations and Pro6 grams’’ under paragraph (1), $25,000,000 for each

7 of the fiscal years 1994 and 1995 is authorized to

8 be available for the United Nations Environment

9 Program.

10 (6) UNITED NATIONS VOLUNTARY FUND FOR

11 THE VICTIMS OF TORTURE.—Of the amounts au12 thorized to be appropriated for ‘‘International Orga13 nizations and Programs’’ under paragraph (1),

14 $1,500,000 for each of the fiscal years 1994 and

15 1995 is authorized to be available for the United

16 Nations Voluntary Fund for the Victims of Torture.

17 (f) FOREIGN CURRENCY EXCHANGE RATES.—In ad18 dition to amounts otherwise authorized to be appropriated

19 by subsections (a) and (b) of this section, there are au20 thorized to be appropriated such sums as may be nec21 essary for each of the fiscal years 1994 and 1995 to offset

22 adverse fluctuations in foreign currency exchange rates.

23 Amounts appropriated under this subsection shall be avail24 able for obligation and expenditure only to the extent that

25 the Director of the the Office of Management and Budget
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1 determines and certifies to Congress that such amounts

2 are necesssary due to such fluctuations.

3 SEC. 104. INTERNATIONAL COMMISSIONS.

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

7 duties, and responsibilities in the conduct of the foreign

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

10 (1) INTERNATIONAL BOUNDARY AND WATER

11 COMMISSION, UNITED STATES AND MEXICO.—For

12 ‘‘International Boundary and Water Commission,

13 United States and Mexico’’—

14 (A) for ‘‘Salaries and Expenses’’

15 $11,330,000 for the fiscal year 1994 and

16 $11,767,000 for the fiscal year 1995; and

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

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

19 fiscal year 1995.

20 (2) INTERNATIONAL BOUNDARY COMMISSION,

21 UNITED STATES AND CANADA.—For ‘‘International

22 Boundary Commission, United States and Canada’’,

23 $760,000 for the fiscal year 1994 and $784,000 for

24 the fiscal year 1995.
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1 (3) INTERNATIONAL JOINT COMMISSION.—For

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

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

4 year 1995.

5 (4) INTERNATIONAL FISHERIES COMMIS6 SIONS.—For ‘‘International Fisheries Commissions’’,

7 $14,200,000 for the fiscal year 1994 and

8 $14,569,000 for the fiscal year 1995.

9 SEC. 105. MIGRATION AND REFUGEE ASSISTANCE.

10 (a) AUTHORIZATION OF APPROPRIATIONS.—

11 (1) There are authorized to be appropriated for

12 ‘‘Migration and Refugee Assistance’’ for authorized

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

14 $593,500,000 for the fiscal year 1995.

15 (2) There are authorized to be appropriated

16 $80,000,000 for the fiscal year 1994 and

17 $80,000,000 for the fiscal year 1995 for assistance

18 for refugees resettling in Israel.

19 (b) AVAILABILITY OF FUNDS.—Funds appropriated

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

21 until expended.

22 SEC. 106. OTHER PROGRAMS.

23 The following amounts are authorized to be appro24 priated for the Department of State to carry out the au25 thorities, functions, duties, and responsibilities in the con-
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1 duct of the foreign affairs of the United States and for

2 other purposes authorized by law:

3 (1) UNITED STATES BILATERAL SCIENCE AND

4 TECHNOLOGY AGREEMENTS.—For ‘‘United States

5 Bilateral Science and Technology Agreements’’,

6 $4,500,000 for the fiscal year 1994 and $4,617,000

7 for the fiscal year 1995.

8 (2) ASIA FOUNDATION.—For ‘‘Asia Founda9 tion’’, $18,693,000 for the fiscal year 1994 and

10 $19,127,000 for the fiscal year 1995.

11 SEC. 107. UNITED STATES ARMS CONTROL AND DISAR12 MAMENT AGENCY.

13 (a) AUTHORIZATION OF APPROPRIATIONS.—There

14 are authorized to be appropriated to carry out the pur15 poses of the Arms Control and Disarmament Act—

16 (1) $62,500,000 for the fiscal year 1994 and

17 $55,356,000 for the fiscal year 1995; and

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

19 the fiscal years 1994 and 1995 for increases in sal20 ary, pay, retirement, other employee benefits author21 ized by law, and other nondiscretionary costs, and to

22 offset adverse fluctuations in foreign currency ex23 change rates.
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1 (b) TECHNICAL AND CONFORMING AMENDMENTS.—

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

3 U.S.C. 2589) is amended—

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

5 (2) in the first sentence of subsection (b) by

6 striking ‘‘pursuant to this section’’ and inserting ‘‘to

7 carry out this Act’’.

8 PART B—AUTHORITIES AND ACTIVITIES

9 SEC. 111. EMERGENCIES IN THE DIPLOMATIC AND CON10 SULAR SERVICE.

11 Section 4 of the State Department Basic Authorities

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

13 (c)—

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

15 (2) by striking ‘‘an annual confidential’’ and in16 serting ‘‘a periodic’’.

17 SEC. 112. TRANSFERS AND REPROGRAMMINGS.

18 (a) AMENDMENTS TO SECTION 24 OF THE STATE

19 DEPARTMENT BASIC AUTHORITIES ACT OF 1956.—Sec20 tion 24 of the State Department Basic Authorities Act

21 of 1956 (22 U.S.C. 2696) is amended—

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

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

2 ‘‘either’’; and

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

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

6 sentence to read as follows: ‘‘Amounts appropriated

7 for the ‘‘Diplomatic and Consular Programs’’ ac8 count may not exceed by more than 5 percent the

9 amount specifically authorized to be appropriated for

10 such account for a fiscal year.’’; and

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

12 (b) DIPLOMATIC CONSTRUCTION PROGRAM.—Section

13 401 of the Omnibus Diplomatic Security and

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

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

16 SEC. 113. EXPENSES RELATING TO CERTAIN INTER17 NATIONAL CLAIMS AND PROCEEDINGS.

18 Section 38 of the State Department Basic Authorities

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

20 the end the following new subsections:

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

22 of State may use competitive procedures or procedures

23 other than competitive procedures to procure the services

24 of experts for use in preparing or prosecuting a proceeding

25 before an international tribunal or a claim by or against
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1 a foreign government or other foreign entity, whether or

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

3 support services for such proceedings or claims. The Sec4 retary need not provide any written justification for the

5 use of procedures other than competitive procedures when

6 procuring such services under this chapter and need not

7 furnish for publication in the Commerce Business Daily

8 or otherwise any notice of solicitation or synopsis with

9 respect to such procurement.

10 ‘‘(d) INTERNATIONAL LITIGATION FUND.—

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

12 Department of State with a dependable, flexible, and

13 adequate source of funding for the expenses of the

14 Department related to preparing or prosecuting a

15 proceeding before an international tribunal, or a

16 claim by or against a foreign government or other

17 foreign entity, there is established an International

18 Litigation Fund (hereafter in this subsection re19 ferred to as the ‘‘ILF’’). The ILF shall be available

20 without fiscal year limitation. Funds otherwise avail21 able to the Department for the purposes of this

22 paragraph may be credited to the ILF.

23 ‘‘(2) REPROGRAMMING PROCEDURES.—Funds

24 credited to the ILF shall be treated as a

25 reprogramming of funds under section 34 and shall
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1 not be available for obligation or expenditure except

2 in compliance with the procedures applicable to such

3 reprogrammings. This paragraph shall not apply to

4 the transfer of funds under paragraph (3).

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

6 by the Department of State from another agency of

7 the United States Government or pursuant to the

8 Department of State Appropriations Act of 1937

9 (49 Stat. 1321, 22 U.S.C. 2661) to meet costs of

10 preparing or prosecuting a proceeding before an

11 international tribunal, or a claim by or against a for12 eign government or other foreign entity, shall be

13 credited to the ILF.

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

15 ILF shall be available only for the purposes of para16 graph (1).’’.

17 SEC. 114. CHILD CARE FACILITIES AT CERTAIN POSTS

18 ABROAD.

19 Section 31 of the State Department Basic Authorities

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

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

22 and inserting ‘‘The’’.
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1 SEC. 115. NOTIFICATION TO CONGRESS OF PROPOSED

2 REPROGRAMMINGS OF AID OPERATING EX3 PENSES.

4 (a) AMENDMENT TO THE FOREIGN ASSISTANCE ACT

5 OF 1961.—Section 634A of the Foreign Assistance Act

6 of 1961 (22 U.S.C. 2394) is amended by adding at the

7 end the following:

8 ‘‘(d) AID OPERATING EXPENSES.—

9 ‘‘(1) CONGRESSIONAL NOTIFICATION OF CER10 TAIN REPROGRAMMINGS.—Unless the Committee on

11 Foreign Affairs of the House of Representatives and

12 the Committee on Foreign Relations of the Senate

13 are notified at least 15 days in advance of the pro14 posed reprogramming, funds appropriated for the

15 operating expenses of the agency primarily respon16 sible for administering part I (including funds ap17 propriated for the operating expenses of the Office

18 of the Inspector General of that agency) shall not be

19 available for obligation or expenditure through any

20 reprogramming of funds that—

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

22 project, or activity;

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

24 any means for any program, project, or activity

25 for which funds have been denied or restricted

26 by the Congress;
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1 ‘‘(C) would reorganize offices, programs,

2 projects, or activities among bureaus;

3 ‘‘(D) would involve a reprogramming in ex4 cess of $1,000,000 or 10 percent (whichever is

5 greater) and would—

6 ‘‘(i) augment existing programs,

7 projects, or activities,

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

9 funding for any existing program, project,

10 activity, or personnel approved by the Con11 gress, or

12 ‘‘(iii) result from any general savings

13 from a reduction in personnel that would

14 result in a change in existing programs,

15 activities, or projects approved by the

16 Congress.

17 ‘‘(2) LIMITATION ON END-OF-YEAR

18 REPROGRAMMINGS.—Funds appropriated for the op19 erating expenses of the agency primarily responsible

20 for administering part I (including funds appro21 priated for the operating expenses of the Office of

22 the Inspector General of that agency) shall not be

23 available for obligation or expenditure through any

24 reprogramming described in paragraph (1) during

25 the last 15 days in which such funds are available
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1 for obligation or expenditure (as the case may be)

2 unless the notification required by that paragraph

3 was submitted before that 15-day period.’’.

4 (b) EFFECTIVE DATE.—The amendment made by

5 subsection (a) shall take effect October 1, 1994.

6 SEC. 116. PROHIBITION ON DISCRIMINATORY CONTRACTS.

7 (a) PROHIBITION.—

8 (1) Except as provided in subsection (b), the

9 Department of State may not enter into any con10 tract—

11 (A) with any foreign person that complies

12 with the Arab League boycott of the State of

13 Israel, or

14 (B) with any foreign or United States per15 son that discriminates in the award of sub16 contracts on the basis of religion.

17 (2) For purposes of this section—

18 (A) a foreign person complies with the boy19 cott of Israel by Arab countries when that per20 son takes or knowingly agrees to take any ac21 tion, with respect to the boycott of Israel by

22 Arab countries, which section 8(a) of the Ex23 port Administration Act of 1979 prohibits a

24 United States person from taking, except that

25 for purposes of this paragraph, the term
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1 ‘‘United States person’’ as used in subpara2 graphs (B) and (C) of section 8(a)(1) of such

3 Act shall be deemed to mean ‘‘person’’; and

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

5 person other than a United States person as de6 fined in section 16(2) of the Export Adminis7 tration Act of 1979.

8 (b) WAIVERS BY SECRETARY OF STATE.—The Sec9 retary of State may waive the prohibition contained in

10 subsection (a)(1)(A) on a country-by-country basis for a

11 period not to exceed one year upon certification to the

12 Congress by the Secretary that such waiver is in the na13 tional interest and is necessary to carry on the diplomatic

14 functions of the United States. Each such certification

15 shall include a detailed justification for the waiver with

16 respect to each such country.

17 (c) RESPONSES TO CONTRACT SOLICITATIONS.—The

18 Secretary of State shall ensure that any response to a so19 licitation for a bid or a request for a proposal, with respect

20 to a contract with the Department of State, includes the

21 following clause, in substantially the following form:

22 ‘‘ARAB BOYCOTT OF ISRAEL

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

24 ‘‘(1) the term ‘foreign person’ means any per25 son other than a United States person as defined in

26 paragraph (2); and
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1 ‘‘(2) the term ‘United States person’ means any

2 United States resident or national (other than an in3 dividual resident outside the United States and em4 ployed by other than a United States person), any

5 domestic concern (including any permanent domestic

6 establishment of any foreign concern), and any for7 eign subsidiary or affiliate (including any permanent

8 foreign establishment) of any domestic concern

9 which is controlled in fact by such domestic concern,

10 as determined under regulations of the President.

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

12 Offeror certifies that it is not—

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

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

15 countries, which section 8(a) of the Export Adminis16 tration Act of 1979 (50 U.S.C. App. 2407(a)) pro17 hibits a United States person from taking; or

18 ‘‘(2) discriminating in the award of sub19 contracts on the basis of religion.’’.

20 (d) SUBMISSION OF STATEMENTS.—The Department

21 of State may not enter into any contract with any person,

22 unless that person has submitted to the Department of

23 State statements, certified by that person, indicating

24 whether or not that person—
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1 (1) has answered any questionnaire about its

2 economic or other relations with Israel;

3 (2) has agreed to comply with the boycott of

4 Israel by Arab countries;

5 (3) has agreed to not do business with Israel or

6 Israeli firms;

7 (4) has agreed to take discriminatory actions

8 against any person based on race, religion, sex, or

9 national origin;

10 (5) has agreed to furnish information about

11 race, religion, sex, or national origin;

12 (6) has agreed to furnish information about

13 business relationships with Israel or Israeli firms;

14 and

15 (7) has agreed to furnish information about as16 sociations with charitable and fraternal organiza17 tions.

18 (e) MONITORING REVOCATION.—

19 (1) MONITORING.—The Department of State

20 shall monitor persons making the certifications re21 quired by this section, both before and after entering

22 into any contract with such person, for the purpose

23 of determining whether or not the certifications are

24 true.
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1 (2) REVOCATION.—The Department of State

2 may revoke any contract entered into with a person

3 whom the Department of State determines made a

4 false certification under this Act.

5 SEC. 117. AUTHORIZED STRENGTH OF THE FOREIGN SERV6 ICE.

7 (a) END FISCAL YEAR 1994 LEVELS.—Subject to

8 subsection (c), the employment and service of Members

9 of the Foreign Service shall be subject to the following

10 limitations as of September 30, 1994:

11 (1) Department of State, not to exceed 9,000,

12 of whom not more than 862 shall be members of the

13 Senior Foreign Service.

14 (2) United States Information Agency, not to

15 exceed 1,200, of whom not more than 175 shall be

16 members of the Senior Foreign Service.

17 (3) Agency for International Development, not

18 to exceed 1,600 of whom not more than 250 shall

19 be members of the Senior Foreign Service.

20 (b) END FISCAL YEAR 1995 LEVELS.—Subject to

21 subsection (c), the employment and service of Members

22 of the Foreign Service shall be subject to the following

23 limitations as of September 30, 1995:
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1 (1) Department of State, not to exceed 9,000,

2 of whom not more than 787 shall be members of the

3 Senior Foreign Service.

4 (2) United States Information Agency, not to

5 exceed 1,200, of whom not more than 155 shall be

6 members of the Senior Foreign Service.

7 (3) Agency for International Development, not

8 to exceed 1,600 of whom not more than 220 shall

9 be members of the Senior Foreign Service.

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

11 the term ‘‘members of the Foreign Service’’ has the mean12 ing of such term under section 103 of the Foreign Service

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

14 not include—

15 (1) members of the Service under paragraphs

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

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

19 (3) members of the Service employed on less

20 than a full-time basis.

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

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

23 U.S.C. 4021) is amended by adding at the end the follow24 ing new subsection:
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1 ‘‘(d)(1) The Secretary of State is authorized to pro2 vide for the training and instruction of employees of for3 eign governments at the Institute.

4 ‘‘(2) Except as provided in paragraph (3), training

5 and instruction under paragraph (1) shall be on a reim6 bursable basis. Reimbursement to the Institute may be

7 provided by an agency of the United States Government

8 or by a foreign person.

9 ‘‘(3) The Secretary of State may waive reimburse10 ment by a foreign government upon a determination that

11 such waiver is in the national interest.

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

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

14 SEC. 119. REPORTING REQUIREMENT ON AMERICAN PRIS15 ONERS ABROAD.

16 Section 108 of the Foreign Relations Authorization

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

18 SEC. 120. CONSULAR AUTHORITIES.

19 (a) PERSONS AUTHORIZED TO ISSUE PASSPORTS

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

21 and validity of passports, and for other purposes’’, ap22 proved July 3, 1926 (44 Stat. 887, 22 U.S.C. 211a) is

23 amended by striking ‘‘by diplomatic representatives of the

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

25 vice consuls when in charge,’’ and inserting ‘‘by diplomatic
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1 and consular officers of the United States, and by other

2 employees of the Department of State who are citizens of

3 the United States,’’.

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

5 Act to provide for the reorganization of the consular serv6 ice of the United States’’, approved April 5, 1906 (34

7 Stat. 100, 22 U.S.C. 4221) is amended in section 7 by

8 adding at the end ‘‘The Secretary of State is authorized

9 to designate by regulation that certain other employees of

10 the Department of State who are citizens of the United

11 States may perform any notarial function authorized to

12 a consular officer of the United States under this Act.’’.

13 SEC. 121. REQUIREMENT FOR AUTHORIZATION OF APPRO14 PRIATIONS FOR AID.

15 Public Law 87–195 is amended by inserting after sec16 tion 667 the following new section:

17 ‘‘SEC. 668. REQUIREMENT FOR AUTHORIZATION OF APPRO18 PRIATIONS.

19 ‘‘(a) LIMITATION ON OBLIGATION AND EXPENDI20 TURE OF FUNDS.—Notwithstanding any other provision

21 of law, for the fiscal year 1994 and for each subsequent

22 fiscal year, any funds appropriated for the agency pri23 marily responsible for administering part I of this Act

24 shall not be available for obligation or expenditure—
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1 ‘‘(1) unless such funds are appropriated pursu2 ant to an authorization of appropriations; or

3 ‘‘(2) in excess of the authorized level of appro4 priations.

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

6 under subsection (a) shall not apply to the extent that an

7 authorization of appropriations is enacted after such funds

8 are appropriated.

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

10 ‘‘(1) may not be superseded, except by a provi11 sion of law which specifically repeals, modifies, or

12 supersedes the provisions of this section; and

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

14 permanent appropriations, trust funds, and other

15 similar accounts which are authorized by law and

16 administered by the agency primarily responsible for

17 administering part I of this Act.’’.

18 SEC. 122. REPORT ON CONSOLIDATION OF ADMINISTRA19 TIVE OPERATIONS.

20 Not later than 180 days after the date of the enact21 ment of this Act, the Assistant Secretary of State for Ad22 ministration, jointly with the Associate Director for Man23 agement of the United States Information Agency and the

24 Associate Administrator for Finance and Administration

25 of the Agency for International Development, shall sub-
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1 mit, to the Committee on Foreign Affairs of the House

2 of Representatives and the Committee on Foreign Rela3 tions of the Senate, a report concerning the feasibility of

4 consolidating domestic administrative operations for the

5 Department of State, the Agency for International Devel6 opment, and the United States Information Agency. Such

7 report shall include specific recommendations for imple8 mentation.

9 SEC. 123. LOCAL GUARD CONTRACTS ABROAD.

10 Section 136(c) of the Foreign Relations Authoriza11 tion Act, Fiscal Years 1990 and 1991 (Public Law 101–

12 246) is amended—

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

14 distance from the post’’;

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

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

17 (3) by inserting after paragraph (1) the follow18 ing:

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

20 contracts through competitive bidding;

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

22 such contracts, award not less than 60 percent of

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

24 SEC. 124. VISAS.

25 (a) SURCHARGE FOR PROCESSING CERTAIN VISAS.—
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1 (1) Notwithstanding any other provision of law,

2 the Secretary of State is authorized to charge a fee

3 or surcharge for processing machine readable non4 immigrant visas and machine readable combined

5 border crossing identification cards and non6 immigrant visas.

7 (2) Fees collected under the authority of sub8 section (a) shall be deposited as an offsetting collec9 tion to any Department of State appropriation to re10 cover the costs of providing consular services. Such

11 fees shall remain available for obligation until ex12 pended.

13 (3) For fiscal years 1994 and 1995, fees col14 lected under the authority of paragraph (1) may not

15 exceed a total of $56,000,000.

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

17 than 6 months after the date of the enactment of this Act,

18 the Secretary of State shall implement an upgrade of all

19 overseas visa lookout operations to computerized systems

20 with automated multiple-name search capabilities.

21 (c) PROCESSING OF VISAS FOR ADMISSION TO THE

22 UNITED STATES.—

23 (1)(A) Whenever a United States consular offi24 cial issues a visa for admission to the United States,

25 that official shall certify, in writing, that a check of
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1 the Automated Visa Lookout System, or any other

2 system or list which maintains information about the

3 excludability of aliens under the Immigration and

4 Nationality Act, has been made and that there is no

5 basis under such system for the exclusion of such

6 alien.

7 (B) If a consular official issues a visa to an

8 alien for admission to the United States and the

9 alien was named on the Automated Visa Lookout

10 System as excludable from the United States at the

11 time of the consular officer’s review and issuance of

12 such visa, such action shall be investigated for ap13 propriate disciplinary action, consistent with law and

14 regulations. Any disciplinary action taken shall be in

15 the officer’s annual performance evaluation.

16 (2) In any case where a serious loss of life or

17 property in the United States involves the issuance

18 of a visa to an alien listed on the Automated Visa

19 Lookout System, or any other system or list which

20 maintains information about the excludability of

21 aliens under the Immigration and Nationality Act,

22 the Secretary of State shall convene an Accountabil23 ity Review Board under the authority of title III of

24 the Omnibus Diplomatic Security and Antiterrorism

25 Act of 1986.
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1 SEC. 125. CONSULAR AND DIPLOMATIC POSTS ABROAD.

2 Section 48 of the State Department Basic Authorities

3 Act of 1956 is amended—

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

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

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

7 SEC. 126. DIPLOMATIC SECURITY PROGRAM.

8 Section 401(a)(3) of the Omnibus Diplomatic Secu9 rity and Antiterrorism Act of 1986 (22 U.S.C.

10 4851(a)(3)) is amended by striking the last sentence.

11 PART C—DEPARTMENT OF STATE

12 ORGANIZATION

13 SEC. 131. ORGANIZING PRINCIPLES.

14 The Congress makes the following findings:

15 (1) The organization of the Department of

16 State should reflect, to the maximum extent pos17 sible, the primary responsibility of the Secretary of

18 State under the President for the conduct of the

19 Nation’s foreign relations.

20 (2) Unless compelling considerations so require,

21 statutory authorities should be vested in the Sec22 retary of State, rather than in officials subordinate

23 to the Secretary.
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1 SEC. 132. ORGANIZATION OF THE DEPARTMENT OF STATE.

2 (a) ORGANIZATION.—Section 1 of the State Depart3 ment Basic Authorities Act of 1956 is amended to read

4 as follows:

5 ‘‘ORGANIZATION OF THE DEPARTMENT OF STATE

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

7 ‘‘(1) The Department of State shall be adminis8 tered in accordance with this Act and other provi9 sions of law under the supervision and direction of

10 the Secretary of State (hereinafter referred to as the

11 ‘Secretary’).

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

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

14 Senate.

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

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

17 Secretary shall have and exercise any authority vest18 ed by law in any office or official of the Department

19 of State. The Secretary shall administer, coordinate,

20 and direct the Foreign Service of the United States

21 and the personnel of the Department of State, ex22 cept where authority is inherent in or vested in the

23 President.

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

25 of the Inspector General or the Chief Financial

26 Officer.
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1 ‘‘(4) The Secretary of State is authorized to

2 promulgate such rules and regulations as may be

3 necessary to carry out the functions of the Secretary

4 of State and the Department of State. The Sec5 retary may delegate authority to perform any of the

6 functions of the Secretary or the Department to offi7 cers and employees under the direction and super8 vision of the Secretary. The Secretary may delegate

9 the authority to redelegate any such functions.

10 ‘‘(b) UNDER SECRETARIES.—There shall be in the

11 Department of State not more than 5 Under Secretaries

12 of State, who shall be appointed by the President, by and

13 with the advice and consent of the Senate, and who shall

14 be compensated at the rate provided for at level III of

15 the Executive Schedule under section 5314 of title 5,

16 United States Code.

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

18 the Department of State not more than 19 Assistant Sec19 retaries of State, each of whom shall be appointed by the

20 President, by and with the advice and consent of the Sen21 ate, and who shall be compensated at the rate provided

22 for at level IV of the Executive Schedule under section

23 5315 of title 5.
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1 ‘‘(d) DEPUTY ASSISTANT SECRETARIES.—There

2 shall be in the Department of State not more than 63

3 Deputy Assistant Secretaries of State.’’.

4 (b) APPLICATION.—The amendments made by this

5 section and section 133 shall apply with respect to offi6 cials, offices, and bureaus of the Department of State

7 when Executive orders implementing such sections become

8 effective.

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

10 State holding office on the date of the enactment of this

11 Act shall not be required to be reappointed to any other

12 office, at the Department of State at the same level per13 forming similar functions, as determined by the President,

14 by reason of the enactment of the amendments made by

15 this section and section 133.

16 (d) REFERENCES IN OTHER ACTS.—A reference in

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

18 Department of State affected by the amendment made by

19 subsection (a) shall be deemed to be a reference to the

20 Secretary of State or the Department of State, as may

21 be appropriate.

22 SEC. 133. TECHNICAL AND CONFORMING AMENDMENTS.

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

24 Act to strengthen and improve the organization and ad25 ministration of the Department of State, and for other
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1 purposes’’ (May 26, 1949; Public Law 81–73; 22 U.S.C.

2 2652 et seq.) is repealed.

3 (b) FOREIGN RELATIONS AUTHORIZATION ACT, FIS4 CAL YEAR 1979.—Section 115 of the Foreign Relations

5 Authorization Act, Fiscal Year 1979 (22 U.S.C. 2652a)

6 is amended by striking subsection (a).

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

8 93–126 (22 U.S.C. 2655a) is amended by striking sub9 section (a).

10 (d) FOREIGN RELATIONS AUTHORIZATION ACT, FIS11 CAL YEARS 1992 AND 1993.—Section 122 of the Foreign

12 Relations Authorization Act, Fiscal Years 1992 and 1993

13 (22 U.S.C. 2652b) is amended by striking subsection (a).

14 (e) TITLE 5, UNITED STATES CODE.—

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

16 is amended by striking—

17 ‘‘Under Secretary of State for Political Affairs

18 and Under Secretary of State for Economic and Ag19 ricultural Affairs and an Under Secretary of State

20 for Coordinating Security Assistance Programs and

21 Under Secretary of State for Management.

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

23 and inserting—

24 ‘‘Under Secretaries of State (5).’’.
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1 (2) Section 5315 of title 5, United States Code,

2 is amended by striking ‘‘Assistant Secretary for

3 International Narcotics Matters, Department of

4 State.’’, ‘‘Assistant Secretary for South Asian Af5 fairs, Department of State.’’, and ‘‘Assistant Sec6 retary for Oceans and International Environmental

7 and Scientific Affairs, Department of State.’’.

8 (f) FOREIGN ASSISTANCE ACT OF 1961.—The For9 eign Assistance Act of 1961 is amended—

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

11 striking ‘‘Assistant Secretary for Human Rights and

12 Humanitarian Affairs’’ and inserting ‘‘Secretary of

13 State’’;

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

15 502B(c)(1) (22 U.S.C. 2304(c)), and 505(g)(4)(A)

16 (22 U.S.C. 2314(g)(4)(A)) by striking ‘‘, prepared

17 with the assistance of the Assistant Secretary of

18 State for Human Rights and Humanitarian Af19 fairs,’’ each place it appears;

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

21 striking paragraph (1);

22 (4) in section 624(f)(2) by striking ‘‘(2) The

23 Assistant Secretary of State for Human Rights and

24 Humanitarian Affairs’’ and inserting ‘‘The Secretary

25 of State’’; and
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1 (5) in section 624(f)(2)(C)—

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

3 and’’; and

4 (B) by striking ‘‘Assistant’’.

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

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

7 2755(d)(1)) by striking ‘‘Assistant Secretary of State for

8 Human Rights and Humanitarian Affairs’’ and inserting

9 ‘‘Secretary of State’’.

10 (h) DIPLOMATIC SECURITY ACT.—The Omnibus Dip11 lomatic Security and Antiterrorism Act of 1986 is amend12 ed—

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

14 (A) striking paragraph (2); and

15 (B) redesignating paragraphs (3) through

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

17 (2) in subsection 103(a)—

18 (A) by inserting ‘‘(1)’’ before ‘‘The Sec19 retary of State’’;

20 (B) by redesignating paragraphs (1)

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

22 respectively; and

23 (C) by inserting at the end the following

24 new paragraph:
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1 ‘‘(2) Security responsibilities shall include the

2 following:

3 ‘‘(A) FORMER OFFICE OF SECURITY FUNC4 TIONS.—Functions and responsibilities exer5 cised by the Office of Security, Department of

6 State, before November 1, 1985.

7 ‘‘(B) SECURITY AND PROTECTIVE OPER8 ATIONS.—

9 ‘‘(i) Establishment and operations of

10 post security and protective functions

11 abroad.

12 ‘‘(ii) Development and implementation

13 of communications, computer, and infor14 mation security.

15 ‘‘(iii) Emergency planning.

16 ‘‘(iv) Establishment and operations of

17 local guard services abroad.

18 ‘‘(v) Supervision of the United States

19 Marine Corps security guard program.

20 ‘‘(vi) Liaison with American overseas

21 private sector security interests.

22 ‘‘(vii) Protection of foreign missions

23 and international organizations, foreign of24 ficials, and diplomatic personnel in the

25 United States, as authorized by law.
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1 ‘‘(viii) Protection of the Secretary of

2 State and other persons designated by the

3 Secretary of State, as authorized by law.

4 ‘‘(ix) Physical protection of Depart5 ment of State facilities, communications,

6 and computer information systems in the

7 United States.

8 ‘‘(x) Conduct of investigations relating

9 to protection of foreign officials and diplo10 matic personnel and foreign missions in

11 the United States, suitability for employ12 ment, employee security, illegal passport

13 and visa issuance or use, and other inves14 tigations, as authorized by law.

15 ‘‘(xi) Carrying out the rewards pro16 gram for information concerning inter17 national terrorism authorized by section

18 36(a) of the State Department Basic Au19 thorities Act of 1956.

20 ‘‘(xii) Performance of other security,

21 investigative, and protective matters as au22 thorized by law.

23 ‘‘(C) COUNTERTERRORISM PLANNING AND

24 COORDINATION.—Development and coordination

25 of counterterrorism planning, emergency action
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1 planning, threat analysis programs, and liaison

2 with other Federal agencies to carry out this

3 paragraph.

4 ‘‘(D) SECURITY TECHNOLOGY.—Develop5 ment and implementation of technical and

6 physical security programs, including security7 related construction, radio and personnel secu8 rity communications, armored vehicles, com9 puter and communications security, and re10 search programs necessary to develop such

11 measures.

12 ‘‘(E) DIPLOMATIC COURIER SERVICE.—

13 Management of the diplomatic courier service.

14 ‘‘(F) PERSONNEL TRAINING.—Develop15 ment of facilities, methods, and materials to de16 velop and upgrade necessary skills in order to

17 carry out this section.

18 ‘‘(G) FOREIGN GOVERNMENT TRAINING.—

19 Management and development of antiterrorism

20 assistance programs to assist foreign govern21 ment security training which are administered

22 by the Department of State under chapter 8 of

23 part II of the Foreign Assistance Act of 1961

24 (22 U.S.C. 2349aa et seq.).’’.

25 (3) by striking section 104;
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1 (4) by striking section 105;

2 (5) in section 107, by striking ‘‘The Chief of

3 Protocol of the Department of State shall consult

4 with the Assistant Secretary of Diplomatic Security’’

5 and inserting ‘‘The Secretary of State shall take into

6 account security considerations’’;

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

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

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

10 ‘‘SEC. 201. DIPLOMATIC SECURITY SERVICE.

11 ‘‘The Secretary of State may establish a Diplomatic

12 Security Service, which shall perform such functions as

13 the Secretary may determine.’’;

14 (8) in section 202—

15 (A) by striking ‘‘The’’ in the first sentence

16 and inserting ‘‘Any such’’;

17 (B) by striking ‘‘shall’’ each place it ap18 pears and inserting ‘‘should’’; and

19 (C) by striking the last sentence;

20 (9) in section 203—

21 (A) by amending the heading to read as

22 follows:
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1 ‘‘SEC. 203. SPECIAL AGENTS.’’;

2 (B) in the first sentence by striking ‘‘Posi3 tions in the Diplomatic Security Service’’ and

4 inserting ‘‘Special agent positions’’; and

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

6 case of positions designated for special agents,

7 the’’ and inserting ‘‘The’’; and

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

9 Secretary for Diplomatic Security’’ and inserting

10 ‘‘Secretary of State’’.

11 (i) IMMIGRATION AND NATIONALITY ACT.—The Im12 migration and Nationality Act (8 U.S.C. 1101 et seq.) is

13 amended—

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

15 by striking ‘‘Assistant Secretary of State for Con16 sular Affairs’’ and inserting ‘‘official designated by

17 the Secretary of State pursuant to section 104(b) of

18 this Act’’;

19 (2) in section 104 (8 U.S.C. 1104)—

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

21 OF CONSULAR AFFAIRS’’;

22 (B) in subsection (a), by striking ‘‘the Bu23 reau of Consular Affairs’’ and inserting ‘‘the

24 Administrator’’;

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

26 follows:
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1 ‘‘(b) The Secretary of State shall designate an Ad2 ministrator who shall be a citizen of the United States,

3 qualified by experience. The Administrator shall maintain

4 close liaison with the appropriate committees of Congress

5 in order that they may be advised regarding the adminis6 tration of this Act by consular officers. The Administrator

7 shall be charged with any and all responsibility and au8 thority in the administration of this Act which are con9 ferred on the Secretary of State as may be delegated to

10 the Administrator by the Secretary of State or which may

11 be prescribed by the Secretary of State, and shall perform

12 such other duties as the Secretary of State may pre13 scribe.’’;

14 (D) in subsection (c), by striking ‘‘Bu15 reau’’ and inserting ‘‘Department of State’’;

16 and

17 (E) in subsection (d), by striking all after

18 ‘‘respectively’’ before the period.

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

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

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

22 (j) DEPARTMENT OF STATE APPROPRIATIONS ACT,

23 1989.—Section 306 of the Department of State Appro24 priations Act, 1989 (Public Law 100–459) is repealed.
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1 (k) DEPARTMENT OF DEFENSE APPROPRIATIONS

2 ACT, FISCAL YEAR 1989.—Section 8125 of the

3 Department of Defense Appropriations Act, Fiscal Year

4 1989 (Public Law 100–463) is amended by striking sub5 section (c).

6 (l) STATE DEPARTMENT BASIC AUTHORITIES ACT

7 OF 1956.—(1) Section 35 of the State Department Basic

8 Authorities Act of 1956 (22 U.S.C. 2707) is amended—

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

10 and all that follows before the period; and

11 (B) in subsection (b)—

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

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

14 ‘‘The Secretary of State shall be responsible for formula15 tion, coordination, and oversight of international commu16 nications and information policy. The Secretary of State

17 shall—’’;

18 (ii) by redesignating paragraphs (1)

19 through (7) as paragraphs (2) through (8),

20 respectively;

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

22 so redesignated) a new paragraph (1) as fol23 lows:

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

25 of foreign policy with respect to telecommunications,
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1 including the determination of United States posi2 tions and the conduct of United States participation

3 in bilateral and multilateral negotiations with for4 eign governments and in international bodies;’’;

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

6 the bureaus and offices of the Department of

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

8 semicolon ‘‘and with the Federal Communica9 tions Commission, as appropriate’’; and

10 (v) in paragraph (4), by striking ‘‘the Sen11 ior Interagency Group on International Com12 munications and Information Policy’’ and in13 serting ‘‘any senior interagency policy-making

14 group on international telecommunications and

15 information policy’’.

16 (2) Section 3 of the State Department Basic Authori17 ties Act of 1956 (22 U.S.C. 2670) is amended—

18 (A) by striking ‘‘and’’ at the end of subsection

19 (k);

20 (B) by striking the period at the end of sub21 section (l); and

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

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

24 and dispatch agencies.’’.
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1 (3) Section 2 of the State Department Basic Authori2 ties Act of 1956 is amended by striking ‘‘(l) pay’’ and

3 inserting ‘‘(m) pay’’.

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

5 1980 (Public Law 96–212) is amended—

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

7 ‘‘UNITED STATES COORDINATOR FOR REF8 UGEE AFFAIRS AND’’;

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

10 (3) by repealing section 301; and

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

12 (n) IMMIGRATION AND NATIONALITY ACT.—

13 (1) Section 411(b) of the Immigration and Na14 tionality Act (8 U.S.C. 1521(b)) is amended by

15 striking ‘‘and under the general policy guidance of

16 the United States Coordinator for Refugee Affairs

17 (hereinafter in this chapter referred to as the ‘Coor18 dinator’)’’ and inserting ‘‘the Secretary of State’’.

19 (2) Section 412 of the Immigration and Nation20 ality Act (8 U.S.C. 1522) is amended—

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

22 together with the Coordinator,’’;

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

24 striking ‘‘in consultation with the Coordina25 tor,’’; and
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1 (C) in subsection (e)(7)(C), by striking ‘‘,

2 in consultation with the United States Coordi3 nator for Refugee Affairs,’’.

4 (3) Section 413(a) of the Immigration and Na5 tionality Act (8 U.S.C. 1523) is amended by striking

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

7 (o) STATE DEPARTMENT BASIC AUTHORITIES

8 ACT.—Title II of the State Department Basic Authorities

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

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

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

12 paragraphs (3) through (7);

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

14 read as follows:

15 ‘‘AUTHORITIES OF THE SECRETARY OF STATE

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

17 ‘‘(1) assist agencies of Federal, State, and mu18 nicipal government with regard to ascertaining and

19 according benefits, privileges, and immunities to

20 which a foreign mission may be entitled;

21 ‘‘(2) provide or assist in the provision of bene22 fits for or on behalf of a foreign mission in accord23 ance with section 204;

24 ‘‘(3) dispose of property acquired in carrying

25 out the purposes of this Act; and
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1 ‘‘(4) designate an office within the Department

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

3 event such an office is established, the President

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

5 the Senate, a Director, with the rank of ambassador.

6 Furthermore, of the Director and the next most sen7 ior person in the office, one should be an individual

8 who has served in the United States Foreign Service

9 while the other should be an individual who has

10 served in the United States intelligence community;

11 and

12 ‘‘(5) perform such other functions as the Sec13 retary may determine necessary in furtherance of

14 the policy of this title.’’.

15 (3) in section 204—

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

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

18 inserting ‘‘Secretary’’; and

19 (B) in paragraph (d), by striking ‘‘the Di20 rector or any other’’ and inserting ‘‘any’’;

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

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

23 (5) in section 205—

24 (A) in subsection (a), by striking ‘‘Direc25 tor’’ and inserting ‘‘Secretary’’; and
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1 (B) in subsection (c)(2) by striking ‘‘au2 thorize the Director to’’; and

3 (6) in section 208—

4 (A) in subsection (d) by striking ‘‘Direc5 tor’’ and inserting in its place ‘‘Secretary’’;

6 (B) in subsections (c), (e), and (f), by

7 striking ‘‘Office of Foreign Missions’’ each

8 place it appears and inserting ‘‘Department of

9 State’’; and

10 (C) in subsection (h)(2) by striking ‘‘Di11 rector or the’’.

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

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

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

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

16 ‘‘The President may appoint, with the advice and

17 consent of the Senate, a Director General of the Foreign

18 Service, who shall be a career member of the Senior For19 eign Service. The Director General should assist the Sec20 retary of State in the management of the Service and per21 form such functions as the Secretary of State may

22 prescibe.’’.
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1 PART D—PERSONNEL

2 SEC. 141. LABOR-MANAGEMENT RELATIONS.

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

4 is amended to read as follows:

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

6 chapter, participation in the management of a labor orga7 nization or acting as a representative of a labor organiza8 tion is prohibited under this chapter—

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

10 confidential employee; or

11 ‘‘(B) on the part of any other employee if the

12 participation or activity would result in a conflict or

13 apparent conflict of interest or would otherwise be

14 incompatible with law or with the official functions

15 of such employee.

16 ‘‘(2) For the purposes of paragraph (1), the term

17 ‘management official’ shall include all members of the

18 Senior Foreign Service.’’.

19 SEC. 142. VOLUNTARY RETIREMENT INCENTIVE PROGRAM.

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

21 1994 and 1995 and subject to the availability of appro22 priations, the Secretary of State is authorized to establish

23 and administer a program to provide financial incentives

24 for retirement to certain members of the Foreign Service

25 at the Department of State who are eligible for retirement.
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1 (b) CAP ON INCENTIVE AMOUNT.—The financial in2 centive paid to any eligible individual pursuant to this sec3 tion may not exceed the lesser of—

4 (1) the minimum amount determined by the

5 Secretary of State to be necessary to achieve the de6 sired number of retirements; or

7 (2) $25,000.

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

9 shall ensure that the total cost of financial incentives paid

10 to eligible individuals under any program established pur11 suant to the authority of subsection (a) during the fiscal

12 years 1994 and 1995 does not exceed the total cost the

13 Department would have incurred for pay and other per14 sonnel benefits during such period for such eligible individ15 uals had they not retired.

16 (d) RELATIONSHIP TO OTHER GOVERNMENT BENE17 FITS.—The amount paid to any eligible individual pursu18 ant to the authority of subsection (a) may not—

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

20 be included in the computation of, any other mone21 tary benefit payable with respect to such individual

22 by the Federal Government; and

23 (2) be taken into account for purposes of deter24 mining the amount of any severance pay to which

25 such eligible individual is entitled under any other
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1 provision of law based on any other separation from

2 employment by the Federal Government.

3 SEC. 143. WAIVER OF LIMIT FOR CERTAIN CLAIMS FOR

4 PERSONAL PROPERTY DAMAGE OR LOSS.

5 (a) CLAIMS RESULTING FROM EMERGENCY EVACU6 ATION IN A FOREIGN COUNTRY.—Subsection 3721(b) of

7 title 31 of the United States Code is amended—

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

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

10 new paragraph:

11 ‘‘(2) The Secretary of State may waive the loss

12 limitation under paragraph (1) for claims for dam13 age or loss by United States Government personnel

14 subject to a chief of mission in a foreign country

15 whose claims arose from an emergency evacuation or

16 departure authorized or ordered as provided under

17 section 5522(a) of title 5 of the United States Code,

18 if the Secretary determines that exceptional cir19 cumstances warrant such a waiver.’’.

20 (b) RETROACTIVE APPLICATION.—The amendments

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

22 arising on or after October 31, 1988.

23 SEC. 144. SALARIES OF CHIEFS OF MISSION.

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

25 (22 U.S.C. 3961(a)) is amended—
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1 (1) by striking ‘‘, exclusive of danger pay,’’; and

2 (2) by striking ‘‘not exceed the annual rate pay3 able for level I of such Executive Schedule’’, and in4 serting ‘‘be subject to the limitation on certain pay5 ments under section 5307 of title 5 of the United

6 States Code’’.

7 SEC. 145. SENIOR FOREIGN SERVICE PERFORMANCE PAY.

8 (a) LIMITATION ON CERTAIN PAYMENTS.—Section

9 405(b)(4) of the Foreign Service Act of 1980 (22 U.S.C.

10 3965(b)(4)) is amended to read as follows:

11 ‘‘(4) Any award under this section shall be sub12 ject to the limitation on certain payments under sec13 tion 5307 of title 5 of the United States Code.’’.

14 (b) PROHIBITION ON PERFORMANCE PAY AWARDS IN

15 CERTAIN YEARS.—Section 405 of the Foreign Service Act

16 (22 U.S.C. 3965j) is amended by adding at the end the

17 following:

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

19 section, performance pay awards and payments may not

20 be made under this section for a fiscal year by any agency

21 subject to an agency-wide reduction in force for budgetary

22 reasons during that fiscal year.

23 ‘‘(2) No additional performance pay awards or pay24 ments may be made in any subsequent fiscal year to com25 pensate for the prohibition under paragraph (1).’’.
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1 SEC. 146. REASSIGNMENT AND RETIREMENT OF FORMER

2 PRESIDENTIAL APPOINTEES.

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

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

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

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

7 appointed by the President, and is not otherwise eligible

8 for retirement, the participant shall be reassigned within

9 90 days after the termination of such assignment and any

10 period of authorized leave.

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

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

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

14 and is not reassigned within 90 days after the termination

15 of such assignment and any period of authorized leave,

16 the participant shall be retired from the Service and re17 ceive retirement benefits in accordance with section 806

18 or section 855, as appropriate.’’.

19 SEC. 147. REPORT ON CLASSIFICATION OF SENIOR FOR20 EIGN SERVICE POSITIONS.

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

22 date of the enactment of this Act, the Director of the

23 Office of Personnel Management shall conduct a classifica24 tion audit of all Senior Foreign Service positions in Wash25 ington, District of Columbia, assigned to the Department

26 of State, the Agency for International Development, and
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1 the United States Information Agency and shall review the

2 methods of classification of such positions.

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

4 of enactment of this Act, the Director shall submit a re5 port of such audit and review to the Committee on Foreign

6 Affairs of the House of Representatives and the Commit7 tee on Foreign Relations of the Senate.

8 SEC. 148. LIMITATION ON NUMBER OF LIMITED CAREER

9 EXTENSIONS.

10 Section 607(b) of the Foreign Service Act of 1980

11 (22 U.S.C. 4007(b)) is amended by adding at the end ‘‘Ef12 fective September 30, 1994, the number of members of

13 the Senior Foreign Service serving under such limited ca14 reer extensions may not exceed 10 percent of the total

15 number of members of the Service who are eligible to serve

16 under a limited extension.’’.

17 PART E—INTERNATIONAL ORGANIZATIONS

18 SEC. 161. INTERNATIONAL ATOMIC ENERGY AGENCY SAFE19 GUARDS.

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

21 secure improvements in the effectiveness of International

22 Atomic Energy Agency safeguards.

23 (b) DEFINITIONS.—As used in this section—

24 (1) the term ‘‘IAEA’’ means the International

25 Atomic Energy Agency;
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1 (2) the term ‘‘non-nuclear-weapon state’’ means

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

3 defined by Article IX(3) of the Treaty on the Non4 Proliferation of Nuclear Weapons, signed at Wash5 ington, London, and Moscow on July 1, 1968;

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

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

8 Treaty; and

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

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

11 the Statute of the International Atomic Energy

12 Agency, done at the Headquarters of the United Na13 tions on October 26, 1956.

14 (c) REFORMS IN IAEA SAFEGUARDS.—The Presi15 dent shall direct the United States representatives to the

16 IAEA to work toward the early adoption of reforms in the

17 implementation of the safeguards responsibilities of the

18 IAEA, including the following:

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

20 within any non-nuclear-weapon state, nuclear facili21 ties, whether or not declared by that state, that are

22 capable of producing, processing, or fabricating spe23 cial fissionable material suitable for use in a nuclear

24 explosive device.
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1 (2) Increasing the transparency of international

2 nuclear commerce.

3 (3) Examining the feasibility of increasing the

4 scope of safeguards to include all activities and fa5 cilities which could significantly contribute to the ac6 quisition or production of nuclear explosive devices.

7 (4) Improving the access of the IAEA to infor8 mation about the nuclear activities of member states

9 of the IAEA.

10 (5) Examining the practicality and advisability

11 of the IAEA conducting less frequent inspections at

12 nuclear facilities in member states which—

13 (A) provide advance consent for the IAEA

14 to conduct unrestricted, short notice inspections

15 of any facility, whether or not declared by the

16 state;

17 (B) accept IAEA safeguards for the con18 struction of new facilities or the modification of

19 existing facilities which fall under the scope of

20 IAEA safeguards; and

21 (C) accept any inspectors of the IAEA who

22 are approved by the Board of Governors of the

23 IAEA, agree not to limit the number of such in24 spectors, and waive visa requirements for such

25 inspectors.
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1 (d) REPORTING REQUIREMENT.—The President

2 shall, in the report required by section 601(a) of the Nu3 clear Non-Proliferation Act of 1978, describe—

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

5 implement each of the objectives set forth in sub6 section (c);

7 (2) the progress that has been made and the

8 obstacles that have been encountered in seeking to

9 meet the objectives set forth in subsection (c);

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

11 take to strengthen the implementation of IAEA safe12 guards;

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

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

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

16 strengthen the implementation of IAEA safeguards.

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

18 date of the enactment of this Act, the President shall sub19 mit to the Congress a report assessing what additional

20 funds are required for the IAEA to implement the objec21 tives set forth in subsection (c) and what funds the United

22 States plans to contribute to the IAEA over the next 5

23 fiscal years.
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1 SEC. 162. AGREEMENT ON STATE AND LOCAL TAXATION OF

2 FOREIGN EMPLOYEES OF PUBLIC INTER3 NATIONAL ORGANIZATIONS.

4 The President is hereby authorized to bring into force

5 for the United States the Agreement on State and Local

6 Taxation of Foreign Employees of Public International

7 Organizations, which was signed by the United States on

8 April 21, 1992.

9 SEC. 163. REFORM IN BUDGET DECISIONMAKING PROCE10 DURES OF THE UNITED NATIONS AND ITS

11 SPECIALIZED AGENCIES.

12 (a) ASSESSED CONTRIBUTIONS.—For assessed con13 tributions authorized to be appropriated by section 103

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

15 funds appropriated for the United States assessed con16 tribution to the United Nations or to any of its specialized

17 agencies for any calendar year if the Secretary of State

18 determines that the United Nations or any such agency

19 has failed to implement or to continue to implement con20 sensus-based decisionmaking procedures on budgetary

21 matters which assure that sufficient attention is paid to

22 the views of the United States and other member states

23 who are major financial contributors to such assessed

24 budgets.

25 (b) NOTICE TO CONGRESS.—The President shall no26 tify the Congress when a decision is made to withhold any
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1 share of the United States assessed contribution to the

2 United Nations or its specialized agencies pursuant to

3 subsection (a) and shall notify the Congress when the deci4 sion is made to pay any previously withheld assessed con5 tribution. A notification under this subsection shall include

6 appropriate consultation between the President (or his

7 representative) and the Committee on Foreign Affairs of

8 the House of Representatives and the Committee on For9 eign Relations of the Senate.

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

11 the availability of appropriations, payment of assessed

12 contributions for prior years may be made to the United

13 Nations or any of its specialized agencies notwithstanding

14 subsection (a) of this section, section 405 of the Foreign

15 Relations Authorization Act, Fiscal Years 1990 and 1991

16 (Public Law 101–246) and section 143 of the Foreign Re17 lations Authorization Act, Fiscal Years 1986 and 1987

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

19 States interests in that organization.

20 SEC. 164. INTERNATIONAL BOUNDARY AND WATER COM21 MISSION.

22 (a) AUTHORIZATION TO RECEIVE PAYMENTS.—Sec23 tion 2 of the American-Mexican Chamizal Convention Act

24 of 1964 (Public Law 88–300; 22 U.S.C. 277d–18) is

25 amended—
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1 (1) by inserting ‘‘(a)’’ before ‘‘The’’; and

2 (2) by adding at the end the following new sub3 sections:

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

5 to receive payments of money from public or private

6 sources in the United States or Mexico made for the pur7 pose of sharing in the cost of replacement of the Bridge

8 of the Americas which crosses the Rio Grande between El

9 Paso, Texas and Ciudad Juarez, Chihuahua. Notwith10 standing any other provision of law, such payments of

11 money shall be credited to any appropriation to the Com12 mission which is currently available. Funds received under

13 this subsection shall be available only for the replacement

14 of such bridge.

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

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

17 advance in appropriation Acts.’’.

18 (b) EXPENDITURES FOR WATER POLLUTION PROB19 LEMS.—Title I of the Act of June 20, 1956 (70 Stat. 302,

20 22 U.S.C. 277d–12), is amended in the fourth undesig21 nated paragraph under the heading ‘‘INTERNATIONAL

22 BOUNDARY AND WATER COMMISSION, UNITED STATES

23 AND MEXICO’’ by striking ‘‘Tijuana Rivers,’’ and all that

24 follows before the period and inserting ‘‘Tijuana Rivers,

25 or other streams running across or near the boundary, and
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1 for taking emergency actions to protect against health

2 threatening surface and ground water pollution problems

3 along the United States-Mexico boundary’’.

4 (c) FALCON AND AMISTAD DAMS MAINTENANCE

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

6 255, as amended by the Act of December 23, 1963, 77

7 Stat. 475) is amended to read as follows:

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

9 and Amistad Operating and Maintenance Fund’ (herein10 after referred to as the ‘Maintenance Fund’), shall be cre11 ated in the Treasury of the United States. The Mainte12 nance Fund shall be administered by the Administrator

13 of the Western Area Power Administration for use by the

14 Commissioner of the United States Section of the Inter15 national Boundary and Water Commission to defray oper16 ation, maintenance, and emergency costs for the hydro17 electric facilities at the Falcon and Amistad Dams.

18 ‘‘(b) All revenues collected in connection with the dis19 position of electric power generated at the Falcon and

20 Amistad Dams shall be credited to the Maintenance Fund

21 and shall remain available until expended for defraying op22 eration, maintenance, and emergency costs for the hydro23 electric facilities at the dams.
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1 ‘‘(c) The authority of subsection (b) may be exercised

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

3 advance in appropriation Acts.

4 ‘‘(d) All moneys received from the Government of

5 Mexico for any energy which might be delivered to that

6 Government by the United States Section of the Inter7 national Boundary and Water Commission pursuant to

8 any special agreement concluded in accordance with Arti9 cle 19 of the said Treaty shall be credited to the General

10 Fund of the Treasury of the United States.’’.

11 SEC. 165. UNITED STATES MEMBERSHIP IN THE ASIAN12 PACIFIC ECONOMIC COOPERATION ORGANI13 ZATION.

14 (a) UNITED STATES MEMBERSHIP.—The President

15 is authorized to maintain membership of the United States

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

17 (b) PAYMENT OF ASSESSED CONTRIBUTIONS.—For

18 fiscal year 1994 and for each fiscal year thereafter, the

19 United States assessed contributions to APEC may be

20 paid from funds appropriated for ‘‘Contributions to Inter21 national Organizations’’.

22 PART F—MISCELLANEOUS PROVISIONS

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

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

25 following declarations:
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1 (1) The State Department should designate

2 within the appropriate bureau a special assistant to

3 the Assistant Secretary to promote international

4 women’s human rights within the overall human

5 rights policy of the United States Government.

6 (2) The purpose of assigning a special assistant

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

8 such issues, but rather to assure that they are con9 sidered along with other human rights issues in the

10 development of United States foreign policy.

11 (3) A specifically designated special assistant is

12 necessary because within the human rights field and

13 the foreign policy establishment, the issues of gen14 der-based discrimination and violence against women

15 have long been ignored or made invisible.

16 (4) The Congress believes that abuses against

17 women would have greater visibility and protection

18 of women’s human rights would improve if the advo19 cate were responsible for integrating women’s

20 human rights issues into United States human

21 rights policy in ways including, but not limited to,

22 the following:

23 (A) The designated women’s human rights

24 advocate would seek to assure that the issue of

25 abuses against women, along with human rights
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1 issues generally, are a factor in determining ap2 propriate recipients for United States bilateral

3 assistance as well as United States votes at the

4 multilateral development banks.

5 (B) The advocate would work with the re6 gional bureaus of the Department of State to

7 devise strategies for the executive branch to

8 bring pressure to bear on governments that en9 gage in violence or systematic discrimination

10 against women or fail to afford equal treatment

11 of women before the law.

12 (C) The advocate would, in consultation

13 with the bureau responsible for international or14 ganizations, pursue strategies to increase the

15 visibility and integration of gender-based perse16 cution and violence in multilateral fora includ17 ing, but not limited to, the United States Com18 mission on Human Rights and the Working

19 Group on Torture.

20 (D) The advocate would seek to assure

21 that the United States Trade Representative

22 conduct inquiries and take steps to prevent

23 countries from receiving trade benefits under

24 the Generalized System of Preferences and

25 most favored nation status where governments
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1 fail to address violence, systematic discrimina2 tion, and exploitation of women workers.

3 (E) The advocate would seek to assure

4 that the protection of women’s human rights,

5 including womens’ participation in the political

6 process, women’s right to freedom of associa7 tion and expression, and freedom from discrimi8 nation, would be addressed in the context of

9 United States funded programs in the area of

10 democracy including, but not limited to, democ11 racy programs at the Agency for International

12 Development (AID), democracy programs for

13 Eastern Europe funded by the Support Eastern

14 European Democracy (SEED) legislation, and

15 new programs that may be contemplated.

16 (F) The advocate would seek to assure

17 that United States assistance programs in the

18 area of administration of justice include efforts

19 to redress violations of women’s rights.

20 (G) The advocate would work with AID

21 and the appropriate office at the Department of

22 State to secure funding for programs to meet

23 the needs of women victims of human rights

24 abuses including, but not limited to, medical

25 and psychological assistance for rape victims.
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1 (H) The advocate would work to assure

2 United States ratification of the United Nations

3 Convention on the Elimination of All Forms of

4 Discrimination Against Women (CEDAW) and

5 oversee the preparation of reports pursuant to

6 that Convention.

7 (I) The advocate would seek to upgrade

8 the quality and quantity of information about

9 abuses of women’s human rights in the report10 ing from United States embassies overseas, in11 corporate that information not only in the State

12 Department Country Reports on Human

13 Rights, but also in other public statements and

14 documents including, but not limited to, con15 gressional testimony and private demarches.

16 (b) CONGRESSIONAL NOTIFICATION.—

17 (1) Not later than one year after the date of

18 enactment of this Act, the Secretary of State shall

19 notify the Congress of the steps taken to create the

20 position described in subsection (a) or to otherwise

21 fulfill the objectives detailed in that subsection.

22 (2) If the United Nations Convention on the

23 Elimination of All Forms of Discrimination Against

24 Women (CEDAW) has not been submitted to the

25 Senate for ratification, not more than 90 days after
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1 the date of enactment of this Act, the Secretary of

2 State shall notify the Congress, in writing, of the ad3 ministration’s position on the ratification of

4 CEDAW and timetable for submission of CEDAW

5 for congressional consideration and approval.

6 SEC. 182. PUBLISHING INTERNATIONAL AGREEMENTS.

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

8 amended—

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

10 Secretary of State’’; and

11 (2) by adding at the end the following new sub12 sections:

13 ‘‘(b) The Secretary of State may determine that pub14 lication of certain categories of agreements is not required,

15 if the following criteria are met:

16 ‘‘(1) such agreements are not treaties which

17 have been brought into force for the United States

18 after having received Senate advice and consent pur19 suant to section 2(2) of Article II of the Constitu20 tion of the United States;

21 ‘‘(2) the public interest in such agreements is

22 insufficient to justify their publication, because (A)

23 as of the date of enactment of the Foreign Relations

24 Authorization Act, Fiscal Years 1994 and 1995, the

25 agreements are no longer in force, (B) the agree-
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1 ments do not create private rights or duties, nor es2 tablish standards intended to govern government ac3 tion in the treatment of private individuals; (C) in

4 view of the limited or specialized nature of the public

5 interest in such agreements, such interest can ade6 quately be satisfied by an alternative means; or (D)

7 the public disclosure of the text of the agreement

8 would, in the opinion of the President, be prejudicial

9 to the national security of the United States; and

10 ‘‘(3) copies of such agreements (other than

11 those in paragraph (2)(D)), including certified cop12 ies where necessary for litigation or similar pur13 poses, will be made available by the Department of

14 State upon request.

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

16 shall be published in the Federal Register.’’.

17 SEC. 183. MIGRATION AND REFUGEE AMENDMENTS.

18 (a) MIGRATION AND REFUGEE ASSISTANCE ACT

19 AMENDMENTS.—

20 (1) The Migration and Refugee Assistance Act

21 of 1962 (22 U.S.C. 2601) is amended—

22 (A) in section 2 by striking ‘‘the Intergov23 ernmental Committee for European Migration’’

24 and inserting ‘‘the International Organization

25 for Migration’’ each place it appears;
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1 (B) in section 2 by striking ‘‘Committee’’

2 and inserting ‘‘Organization’’ each place it ap3 pears;

4 (C) in the first sentence of section 2(a) by

5 inserting before the period ‘‘, as amended in

6 Geneva, Switzerland, on May 20, 1987’’; and

7 (D) in section 2(c)(2), by striking

8 ‘‘$50,000,000’’ and inserting ‘‘$100,000,000’’.

9 (2) Section 745 of Public Law 100–204 (22

10 U.S.C. 2601 note) is repealed.

11 SEC. 184. UNITED NATIONS SECURITY COUNCIL MEMBER12 SHIP.

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

14 findings:

15 (1) The effectiveness of the United Nations Se16 curity Council in maintaining international peace

17 and security depends on its being representative of

18 the membership of the United Nations.

19 (2) The requirement of equitable geographic

20 distribution in Article 23 of the United Nations

21 Charter requires that the members of the Security

22 Council of the United Nations be chosen by non23 discriminatory means.

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

25 General Assembly as the sole means for election of
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1 the nonpermanent members of the Security Council

2 is inherently discriminatory in the absence of guar3 antees that all member states will have the oppor4 tunity to join a regional group, and has resulted in

5 discrimination against Israel.

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

7 Congress that the President should direct the Secretary

8 of State to request the Secretary-General of the United

9 Nations to seek immediate resolution of this problem. The

10 President shall inform the Congress of any progress in re11 solving this situation together with the submission to Con12 gress of the request for funding for the Contributions to

13 International Organizations account for the fiscal year

14 1995.

15 SEC. 185. PERFORMANCE OF LONGSHORE WORK BY ALIEN

16 CREWMEN.

17 (a) REPEAL OF RECIPROCITY EXCEPTION.—Section

18 258(d) of the Immigration and Nationality Act (8 U.S.C.

19 1288(d)) is repealed.

20 (b) CONFORMING AMENDMENT.—Section 258(a) of

21 that Act is amended by striking ‘‘or subsection (d)’’.

22 SEC. 186. INTERPARLIAMENTARY EXCHANGES.

23 (a) AUTHORIZATIONS OF APPROPRIATIONS.—

24 (1) Section 2 of Public Law 86–420 is amend25 ed—
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1 (A) by striking ‘‘$100,000’’ and inserting

2 ‘‘$80,000’’; and

3 (B) by striking ‘‘$50,000’’ both places it

4 appears and inserting ‘‘$40,000’’.

5 (2) Section 2 of Public Law 86–42 is amend6 ed—

7 (A) by striking ‘‘$50,000’’ and inserting

8 ‘‘$70,000’’; and

9 (B) by striking ‘‘25,000’’ both places it ap10 pears and inserting ‘‘$35,000’’.

11 (b) DEPOSIT OF FUNDS IN INTEREST-BEARING AC12 COUNTS.—Funds appropriated and disbursed pursuant to

13 section 303 of title III of Public Law 100–202 (101 Stat.

14 1329–23; 22 U.S.C. 276 note) are authorized to be depos15 ited in interest-bearing accounts and any interest which

16 accrues shall be deposited, periodically, in a miscellaneous

17 account of the Treasury.

18 SEC. 187. UNITED STATES POLICY CONCERNING OVERSEAS

19 ASSISTANCE TO REFUGEES AND DISPLACED

20 PERSONS.

21 (a) STANDARDS FOR REFUGEE WOMEN AND CHIL22 DREN.—The United States Government, in providing for

23 overseas assistance and protection of refugees and dis24 placed persons, shall seek to address the protection and

25 provision of basic needs of refugee women and children
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1 who represent 80 percent of the world’s refugee popu2 lation. As called for in the 1991 United Nations High

3 Commissioner for Refugees (UNHCR) ‘‘Guidelines on the

4 Protection of Refugee Women,’’ whether directly, or

5 through international organizations and nongovernmental

6 voluntary organizations, the Secretary of State shall en7 sure—

8 (1) specific attention on the part of the United

9 Nations and relief organizations to recruit and em10 ploy female protection officers;

11 (2) implementation of gender awareness train12 ing for field staff including, but not limited to, secu13 rity personnel;

14 (3) the protection of refugee women and chil15 dren from violence and other abuses on the part of

16 governments or insurgent groups;

17 (4) full involvement of women refugees in the

18 planning and implementation of (A) the delivery of

19 services and assistance, and (B) the repatriation

20 process;

21 (5) incorporation of maternal and child health

22 needs into refugee health services and education,

23 specifically to include education on and access to

24 services in reproductive health and birth spacing;
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1 (6) the availability of counseling and other serv2 ices, grievance processes, and protective services to

3 victims of violence and abuse, including but not lim4 ited to rape and domestic violence;

5 (7) the provision of educational programs, par6 ticularly literacy and numeracy, vocational and in7 come-generation training, and other training efforts

8 promoting self-sufficiency for refugee women, with

9 special emphasis on women heads of household;

10 (8) education for all refugee children, ensuring

11 equal access for girls, and special services and family

12 tracing for unaccompanied refugee minors;

13 (9) the collection of data that clearly enumerate

14 age and gender so that appropriate health, edu15 cation, and assistance programs can be planned;

16 (10) the recruitment, hiring, and training of

17 more women program professionals in the inter18 national humanitarian field; and

19 (11) gender-specific training for program staff

20 of the United Nations High Commissioner for Refu21 gees (UNHCR) and nongovernmental voluntary or22 ganizations on implementation of the 1991 UNHCR

23 ‘‘Guidelines on the Protection of Refugee Women’’.

24 (b) PROCEDURES.—The Secretary of State shall

25 adopt specific procedures to ensure that all recipients of
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1 United States Government refugee and migration assist2 ance funds implement the standards outlined in subsection

3 (a).

4 (c) REQUIREMENTS FOR REFUGEE AND MIGRATION

5 ASSISTANCE.—The Secretary of State, in providing mi6 gration and refugee assistance, should support the protec7 tion efforts set forth under this section by raising at the

8 highest levels of government the issue of abuses against

9 refugee women and children by governments or insurgent

10 groups that engage in, permit, or condone—

11 (1) a pattern of gross violations of internation12 ally recognized human rights, such as torture or

13 cruel, inhumane, or degrading treatment or punish14 ment, prolonged detention without charges, or other

15 flagrant denial to life, liberty, and the security of

16 person;

17 (2) the blockage of humanitarian relief assist18 ance;

19 (3) gender-specific persecution such as system20 atic individual or mass rape, forced pregnancy,

21 forced abortion, enforced prostitution, any form of

22 indecent assault or act of violence against refugee

23 women, girls, and children; or

24 (4) continuing violations of the integrity of the

25 person against refugee women and children on the
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1 part of armed insurgents, local security forces, or

2 camp guards.

3 (d) INVESTIGATION OF REPORTS.—Upon receipt of

4 credible reports of abuses under subsection (c), the Sec5 retary of State should immediately investigate such re6 ports through emergency fact-finding missions or other

7 means of investigating such reports and help identify ap8 propriate remedial measures.

9 (e) MULTILATERAL ORGANIZATIONS.—The United

10 States Government shall use its voice and vote in the Unit11 ed Nations and its participation in other multilateral orga12 nizations, to promote policies which seek to protect and

13 address basic human rights and needs of refugee women

14 and children. The Secretary of State shall work to ensure

15 that multilateral organizations fully incorporate the needs

16 of refugee women and children into all elements of refugee

17 assistance programs.

18 (f) SENSE OF CONGRESS ON MULTILATERAL IMPLE19 MENTATION OF THE 1991 UNHCR ‘‘GUIDELINES ON THE

20 PROTECTION OF REFUGEE WOMEN’’.—It is the sense of

21 the Congress that the President should enter into bilateral

22 and multilateral negotiations to encourage other govern23 ments that provide refugee assistance to adopt refugee as24 sistance policies designed to encourage full implementation
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1 of the UNHCR’s 1991 ‘‘Guidelines on the Protection of

2 Refugee Women’’.

3 SEC. 188. POLICY ON MIDDLE EAST ARMS SALES.

4 (a) BOYCOTT OF ISRAEL.—Section 322 of the For5 eign Relations Authorization Act, Fiscal Years 1992 and

6 1993 (Public Law 102–138) is amended—

7 (1) in paragraph (2) by striking ‘‘and’’ at the

8 end;

9 (2) in paragraph (3)(A) by striking ‘‘and’’ after

10 the semicolon;

11 (3) in paragraph (3)(B) by striking the period

12 and inserting ‘‘; and’’; and

13 (4) by adding at the end the following:

14 ‘‘(C) does not participate in the Arab

15 League primary or secondary boycott of Is16 rael.’’.

17 (b) REPORT TO CONGRESS.—Not later than 180 days

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

19 State shall submit a report to the Chairman of the Com20 mittee on Foreign Affairs of the House of Representatives

21 and the Chairman of the Committee on Foreign Relations

22 of the Senate concerning steps taken to ensure that the

23 goals of the amendment under subsection (a) are being

24 met.
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1 SEC. 189. REPORT ON TERRORIST ASSETS IN THE UNITED

2 STATES.

3 Section 304(a) of the Foreign Relations Authoriza4 tion Act, Fiscal Years 1992 and 1993 (Public Law 102–

5 138) is amended—

6 (1) by striking ‘‘Treasury’’ and inserting

7 ‘‘Treasury, in consultation with the Attorney Gen8 eral and appropriate investigative agencies,’’; and

9 (2) by inserting at the end ‘‘Each such report

10 shall provide a detailed list and description of spe11 cific assets.’’.

12 SEC. 190. SENSE OF CONGRESS CONCERNING UNITED

13 STATES CITIZENS VICTIMIZED BY GERMANY

14 DURING WORLD WAR II.

15 (a) CONGRESSIONAL FINDINGS.—The Congress

16 makes the following findings:

17 (1) The national interests of the United States

18 require the presence abroad of United States citi19 zens.

20 (2) Conditions in many parts of the world

21 present dangers to the safety and security of Ameri22 cans abroad.

23 (3) The protection of United States citizens

24 abroad depends on their enjoying full access to Unit25 ed States courts for remedies for egregious violations

26 by foreign governments of their human rights, and
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1 particularly for war crimes and crimes against hu2 manity committed against Americans.

3 (4) The conduct of the Government of Germany

4 in using slave labor during the period 1939 to 1945

5 constituted the acts of an outlaw state and an abro6 gation of treaty obligations under the Convention

7 Respecting the Laws and Customs of War on Land

8 (Done at The Hague, 18 October 1907).

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

10 Congress that United States citizens who were victims of

11 war crimes and crimes against humanity committed by the

12 Government of Germany during the period 1939 to 1945

13 should have remedies against the Germany in United

14 States courts for damages for personal injury or property

15 damages or loss.

16 TITLE II—UNITED STATES IN17 FORMATIONAL, EDU18 CATIONAL, AND CULTURAL

19 PROGRAMS

20 PART A—AUTHORIZATION OF APPROPRIATIONS

21 SEC. 201. AUTHORIZATION OF APPROPRIATIONS.

22 The following amounts are authorized to be appro23 priated to carry out international information activities,

24 and educational and cultural exchange programs under

25 the United States Information and Educational Exchange
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1 Act of 1948, the Mutual Educational and Cultural Ex2 change Act of 1961, Reorganization Plan Number 2 of

3 1977, the Radio Broadcasting to Cuba Act, the Television

4 Broadcasting to Cuba Act, the Board for International

5 Broadcasting Act, the Inspector General Act of 1978, the

6 Center for Cultural and Technical Interchange Between

7 North and South Act, the National Endowment for De8 mocracy Act, and to carry out other authorities in law con9 sistent with such purposes:

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

11 and Expenses’’, $484,854,000 for the fiscal year

12 1994 and $503,362,000 for the fiscal year 1995.

13 (2) EDUCATIONAL AND CULTURAL EXCHANGE

14 PROGRAMS.—

15 (A) FULBRIGHT ACADEMIC EXCHANGE

16 PROGRAMS.—For the ‘‘Fulbright Academic Ex17 change Programs’’, $137,043,000 for the fiscal

18 year 1994 and $140,743,000 for the fiscal year

19 1995.

20 (B) HUBERT H. HUMPHREY FELLOWSHIP

21 PROGRAM.—For the ‘‘Hubert H. Humphrey

22 Fellowship Program’’, $7,977,000 for the fiscal

23 year 1994 and $8,192,000 for the fiscal year

24 1995.
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1 (C) EDMUND S. MUSKIE FELLOWSHIP PRO2 GRAM.—For the ‘‘Edmund S. Muskie Fellow3 ship Program’’, $7,000,000 for the fiscal year

4 1994 and $7,000,000 for the fiscal year 1995.

5 (D) INTERNATIONAL VISITORS PRO6 GRAM.—For the ‘‘International Visitors Pro7 gram’’, $52,295,000 for the fiscal year 1994

8 and $53,707,000 for the fiscal year 1995.

9 (E) AMERICAN STUDIES COLLECTIONS.—

10 To the Bureau of Educational and Cultural Af11 fairs of the United States Information Agency,

12 for the establishment and support of American

13 studies collections at university libraries abroad,

14 $2,100,000 for the fiscal year 1994 and

15 $2,400,000 for fiscal year 1995, which is au16 thorized to remain available until expended.

17 (F) OTHER PROGRAMS.—For ‘‘Mike Mans18 field Fellowship Program’’, ‘‘Claude and Mil19 dred Pepper Scholarship Program of the Wash20 ington Workshops Foundation’’, ‘‘East Europe

21 Training Projects’’, ‘‘Citizen Exchange Pro22 grams’’, ‘‘Congress-Bundestag Exchange Pro23 gram’’, ‘‘Newly Independent States and East24 ern Europe Training’’, Institute for Representa25 tive Government’’, ‘‘Freedom Support Act Sec-
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1 ondary School Exchange’’, ‘‘South Pacific Ex2 changes’’, and ‘‘Arts America’’, $41,807,000

3 for the fiscal year 1994 and $42,936,000 for

4 the fiscal year 1995.

5 (3) BROADCASTING TO CUBA.—For ‘‘Broad6 casting to Cuba’’, $28,351,000 for the fiscal year

7 1994 and $28,362,000 for the fiscal year 1995.

8 (4) INTERNATIONAL BROADCASTING ACTIVI9 TIES.—For ‘‘International Broadcasting Activities’’

10 under part B, $606,790,000 for the fiscal year

11 1994, and $717,790,000 for the fiscal year 1995.

12 (5) OFFICE OF THE INSPECTOR GENERAL.—

13 For ‘‘Office of the Inspector General’’, $4,390,000

14 for the fiscal year 1994 and $4,396,000 for the fis15 cal year 1995.

16 (6) NATIONAL ENDOWMENT FOR DEMOC17 RACY.—For ‘‘National Endowment for Democracy’’,

18 $48,000,000 for the fiscal year 1994 and

19 $49,296,000 for the fiscal year 1995.

20 (7) CENTER FOR CULTURAL AND TECHNICAL

21 INTERCHANGE BETWEEN EAST AND WEST.—For

22 ‘‘Center for Cultural and Technical Interchange be23 tween East and West’’, $23,000,000 for the fiscal

24 year 1994 and $23,621,000 for the fiscal year 1995.
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1 (8) NORTH/SOUTH CENTER.—For ‘‘North/

2 South Center’’ $8,000,000 for the fiscal year 1994

3 and $8,000,000 for the fiscal year 1995.

4 (9) ISRAELI-ARAB SCHOLARSHIP PROGRAM.—

5 For ‘‘Israeli-Arab Scholarship Program’’, $397,000

6 for the fiscal year 1994 and $407,000 for the fiscal

7 year 1995.

8 PART B—INTERNATIONAL BROADCASTING

9 AUTHORITIES AND ACTIVITIES

10 SEC. 211. SHORT TITLE.

11 This part may be cited as the ‘‘International Broad12 casting Act of 1993’’.

13 SEC. 212. FINDINGS AND DECLARATIONS.

14 The Congress makes the following findings and dec15 larations of policy:

16 (1) It is the policy of the United States to pro17 mote the freedom ‘‘to seek, receive and impart infor18 mation and ideas through any media and regardless

19 of frontiers’’, in accordance with article 19 of the

20 Universal Declaration of Human Rights.

21 (2) Open communication among the peoples of

22 the world is in the interests of the United States.

23 (3) It is in the interests of the United States

24 to support broadcasting to other nations consistent

25 with the requirements of this Act.
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1 SEC. 213. STANDARDS.

2 International broadcasting supported by United

3 States Government funds shall—

4 (1) be consistent with the broad foreign policy

5 objectives of the United States;

6 (2) be consistent with the international tele7 communications policies and treaty obligations of the

8 United States;

9 (3) complement the activities of private United

10 States broadcasters;

11 (4) complement the activities of government

12 supported broadcasting entities of other democratic

13 nations;

14 (5) be conducted in accordance with the highest

15 professional standards of broadcast journalism;

16 (6) be based on reliable information about its

17 potential audience; and

18 (7) be designed so as to effectively reach a sig19 nificant audience.

20 SEC. 214. FUNCTIONS.

21 United States international broadcasting shall in22 clude—

23 (1) news which is consistently reliable and au24 thoritative, accurate, objective, and comprehensive;
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1 (2) a balanced and comprehensive projection of

2 American thought and institutions, reflecting the di3 versity of American culture and society;

4 (3) clear and effective presentation of the poli5 cies of the United States Government and respon6 sible discussion and opinion on those policies;

7 (4) programming to meet needs which remain

8 unserved by the totality of media voices available to

9 the people of certain nations;

10 (5) a source of information about developments

11 in each significant region of the world;

12 (6) a forum for a variety of opinions and voices

13 from within particular nations and regions prevented

14 by censorship or repression from speaking to their

15 fellow countrymen;

16 (7) reliable research capacity to meet the cri17 teria under this section;

18 (8) adequate transmitter and relay capacity to

19 support the activities described in this section;

20 (9) a source of information about developments

21 in Asia and a forum for a variety of opinions and

22 voices from within Asian nations whose people do

23 not enjoy freedom of expression; and
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1 (10) training and technical support for inde2 pendent indigenous media through government agen3 cies or private United States entities.

4 SEC. 215. ADMINISTRATION.

5 (a) AUTHORITY OF PRESIDENT.—The President may

6 assign responsibility for any of the functions of United

7 States Government supported international broadcasting

8 under this Act to any agency of the United States Govern9 ment. The President may authorize any public or private

10 entity to carry out the functions described in paragraphs

11 (4), (5), (6), (7), (8), and (9) of section 214(b).

12 (b) GRANTS.—The President and any agency of the

13 United States Government is authorized to make grants

14 to RFE/RL Incorporated or any other public or private

15 entity in order to carry out the functions of paragraphs

16 (4), (5), (6), (7), (8), and (9) of section 214(b). In exercis17 ing oversight responsibilities pursuant to any such grant,

18 an agency shall consider the necessity of maintaining the

19 professional independence and integrity of the grantee in

20 carrying out such functions.

21 SEC. 216. USIA SATELLITE AND TELEVISION.

22 The President is authorized to delegate any of the

23 authorities and duties under section 505 of the United

24 States Information and Educational Exchange Act of
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1 1948 (22 U.S.C. 1464a) to any agency of the United

2 States Government.

3 SEC. 217. REPEAL OF BOARD FOR INTERNATIONAL BROAD4 CASTING ACT.

5 The Board for International Broadcasting Act of

6 1973 (22 U.S.C. 2871 et seq.) is repealed.

7 SEC. 218. CONFORMING AMENDMENTS.

8 (a) The Radio Broadcasting to Cuba Act (22 U.S.C.

9 1465) is amended by striking out sections 2 and 5.

10 (b) The Television Broadcasting to Cuba Act (22

11 U.S.C. 1465aa) is amended by striking out section 242.

12 (c) The United States Information and Educational

13 Exchange Act of 1948 (22 U.S.C. 1463) is amended by

14 striking out section 503.

15 SEC. 219. ISRAEL RELAY STATION.

16 Section 301(c) of the Foreign Relations Authoriza17 tion Act, Fiscal Years 1990 and 1991, is repealed.

18 SEC. 220. REQUIREMENT FOR AUTHORIZATION OF APPRO19 PRIATIONS.

20 (a) LIMITATION ON OBLIGATION AND EXPENDITURE

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

22 for the fiscal year 1994 and for each subsequent fiscal

23 year, any funds appropriated for the purposes of this part

24 shall not be available for obligation or expenditure—
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1 (1) unless such funds are appropriated pursu2 ant to an authorization of appropriations; or

3 (2) in excess of the authorized level of appro4 priations.

5 (b) SUBSEQUENT AUTHORIZATION.—The limitation

6 under subsection (a) shall not apply to the extent that an

7 authorization of appropriations is enacted after such funds

8 are appropriated.

9 (c) APPLICATION.—The provisions of this section—

10 (1) may not be superseded, except by a provi11 sion of law which specifically repeals, modifies, or

12 supersedes the provisions of this section; and

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

14 permanent appropriations, trust funds, and other

15 similar accounts which are authorized by law and

16 administered under or pursuant to this part.

17 SEC. 221. REPORT ON ADVERTISING.

18 Not later than one year after the date of enactment

19 of this Act, each agency of the United States Government

20 which carries out international broadcasting supported by

21 United States Government funding shall prepare and sub22 mit a report to the Congress concerning efforts to sell ad23 vertising. Each such report shall include information with

24 respect to the amount of advertising which has been sold,
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1 the revenue generated by the sale of advertising, and an

2 evaluation of the potential for sales of advertising.

3 PART C—USIA AND RELATED AGENCIES

4 AUTHORITIES AND ACTIVITIES

5 SEC. 231. SECURITY REQUIREMENTS OF USIA.

6 Section 401(e) of the Omnibus Diplomatic Security

7 and Anti-Terrorism Act of 1986 (22 U.S.C. 4851(e)) is

8 amended—

9 (1) by inserting ‘‘(1)’’ immediately before

10 ‘‘Based’’; and

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

12 ‘‘(2) Paragraph (1) may not be construed to

13 prohibit separate authorization of appropriations for

14 security requirements of other foreign affairs agen15 cies.’’.

16 SEC. 232. EMPLOYMENT AUTHORITY.

17 Section 804(6) of the United States Information and

18 Educational Exchange Act of 1948 (22 U.S.C. 1474(6))

19 is amended to read as follows:

20 ‘‘(6) employ individuals or organizations by con21 tract for services to be performed in the United

22 States or abroad, who shall not, by virtue of such

23 employment, be considered to be employees of the

24 United States Government for the purposes of any

25 law administered by the Office of Personnel Manage-
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1 ment, except that the Director may determine the

2 applicability to such individuals of paragraph (5) of

3 this section.’’.

4 SEC. 233. BUYING POWER MAINTENANCE ACCOUNT.

5 Section 704 of the United States Information and

6 Educational Exchange Act of 1948 (22 U.S.C. 1477(b))

7 is amended—

8 (1) by inserting ‘‘(1)’’ after ‘‘(c)’’;

9 (2) by striking ‘‘(1) the’’ and inserting ‘‘(A)’’;

10 (3) by striking ‘‘(2)’’ and inserting ‘‘(B)’’; and

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

12 paragraphs:

13 ‘‘(2) In carrying out this subsection, there may

14 be established a Buying Power Maintenance account.

15 ‘‘(3) In order to eliminate substantial gains to

16 the approved levels of overseas operations for the

17 United States Information Agency, the Director

18 shall transfer to the Buying Power Maintenance ac19 count such amounts in the Salaries and Expenses

20 appropriations as the Director determines are exces21 sive to the needs of the approved level of operations

22 under that appropriation account because of fluctua23 tions in foreign currency exchange rates or changes

24 in overseas wages and prices.
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1 ‘‘(4) In order to offset adverse fluctuations in

2 foreign currency exchange rates or foreign wages

3 and prices, the Director may transfer from the Buy4 ing Power Maintenance account to the Salaries and

5 Expenses appropriation such amounts as the Direc6 tor determines are necessary to maintain the ap7 proved level of operations under that appropriation

8 account.

9 ‘‘(5) Funds transferred by the Director from

10 the Buying Power Maintenance account to another

11 account shall be merged with and be available for

12 the same purpose, and for the same time period, as

13 the funds in that other account. Funds transferred

14 by the Director from another account to the Buying

15 Power Maintenance account shall be merged with

16 the funds in the Buying Power Maintenance account

17 and shall be available for the purposes of that ac18 count until expended.

19 ‘‘(6) Any restriction contained in an appropria20 tion Act or other provision of law limiting the

21 amounts available for the United States Information

22 Agency that may be obligated or expended shall be

23 deemed to be adjusted to the extent necessary to off24 set the net effect of fluctuations in foreign currency
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1 exchange rates or overseas wage and price changes

2 in order to maintain approved levels.

3 ‘‘(7)(A) Subject to the limitations contained in

4 this paragraph, not later than the end of the 5th fis5 cal year after the fiscal year for which funds are ap6 propriated or otherwise made available for the Sala7 ries and Expenses account, the Director may trans8 fer any unobligated balance of such funds to the

9 Buying Power Maintenance account.

10 ‘‘(B) The balance of the Buying Power Mainte11 nance account may not exceed $50,000,000 as a re12 sult of any transfer under this paragraph.

13 ‘‘(C) Any transfer pursuant to this paragraph

14 shall be treated as a reprogramming of funds under

15 section 705 and shall be available for obligation or

16 expenditure only in accordance with the procedures

17 under such section.

18 ‘‘(D) The authorities contained in this section

19 may only be exercised to such an extent and in such

20 amounts as specifically provided in advance in ap21 propriation Acts.’’.

22 SEC. 234. CONTRACT AUTHORITY.

23 Section 802(b) of the United States Information and

24 Educational Exchange Act of 1948 (22 U.S.C. 1472(b))

25 is amended by adding at the end the following:
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1 ‘‘(4) Notwithstanding the other provisions of

2 this subsection, the United States Information Agen3 cy is authorized to enter into contracts for periods

4 not to exceed 7 years for circuit capacity to distrib5 ute radio and television programs.’’.

6 SEC. 235. APPROPRIATIONS AUTHORITIES.

7 Subsection (f) of section 701 of the United States In8 formation and Educational Exchange Act of 1948 (22

9 U.S.C. 1476(f)) is amended by striking paragraph (4).

10 SEC. 236. FUNDS PROVIDED BY OTHER SOURCES.

11 The United States Information and Educational Ex12 change Act of 1948 (22 U.S.C. 1431 et seq.) is amend13 ed—

14 (1) by repealing title IX; and

15 (2) by adding after section 812 the following

16 new section:

17 ‘‘SEC. 813. FUNDS PROVIDED BY OTHER SOURCES.

18 ‘‘(a) AUTHORITY.—If the Director of the United

19 States Information Agency determines that it is in the

20 public interest, the Director may accept any funds, prop21 erty, or services made available by any government or pri22 vate entity in the United States or a foreign country, or

23 by an international organization of which the United

24 States is a member, to be used for the purposes of any

25 program under this Act.
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1 ‘‘(b) SPECIAL ACCOUNT.—Funds received under sub2 section (a) are authorized to be deposited in a separate

3 account in the Treasury of the United States and are au4 thorized to remain available until expended for the speci5 fied purpose or to carry out any of the purposes of this

6 Act.’’.

7 SEC. 237. TECHNICAL AMENDMENT.

8 Section 105 of Public Law 87–256 is amended by

9 striking out subsection (a).

10 SEC. 238. SEPARATE LEDGER ACCOUNTS FOR NED GRANT11 EES.

12 Section 504(h) of the National Endowment for De13 mocracy Act (22 U.S.C. 4413(h)) is amended by striking

14 ‘‘accounts’’ and inserting ‘‘bank accounts or separate self15 balancing ledger accounts’’.

16 SEC. 239. AMERICAN STUDIES COLLECTIONS.

17 (a) AUTHORITY.—In order to promote a thorough

18 understanding of the United States among emerging elites

19 abroad, the Director of the United States Information

20 Agency is authorized to establish and support collections

21 at appropriate university libraries abroad to further the

22 study of the United States, and to enter into agreements

23 with such universities for such purposes.

24 (b) DESIGN AND DEVELOPMENT.—Such collec25 tions—
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1 (1) shall be developed in consultation with Unit2 ed States associations and organizations of scholars

3 in the principal academic disciplines in which Amer4 ican studies are conducted; and

5 (2) shall be designed primarily to meet the

6 needs of undergraduate and graduate students of

7 American studies.

8 (c) SITE SELECTION.—In selecting universities

9 abroad as sites for such collections, the Director shall—

10 (1) ensure that such universities are able, with11 in a reasonable period of the establishment of such

12 collections, to assume responsibility for their mainte13 nance in current form;

14 (2) ensure that undergraduate and graduate

15 students shall enjoy reasonable access to such collec16 tions; and

17 (3) include in any agreement entered into be18 tween the United States Information Agency and a

19 university abroad, terms embodying a contractual

20 commitment of such maintenance and access under

21 this subsection.

22 SEC. 240. SOUTH PACIFIC EXCHANGE PROGRAMS.

23 (a) AUTHORIZED PROGRAMS.—The Director of the

24 United States Information Agency is authorized to award

25 academic scholarships to qualified students from the sov-
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1 ereign nations of the South Pacific region to pursue un2 dergraduate and postgraduate study at institutions of

3 higher education in the United States; to make grants to

4 accomplished United States scholars and experts to pursue

5 research, to teach, or to offer training in such nations;

6 and to make grants for youth exchanges.

7 (b) LIMITATION.—Grants awarded to United States

8 scholars and experts may not exceed 10 percent of the

9 total funds awarded for any fiscal year for programs under

10 this section.

11 SEC. 241. COORDINATION OF UNITED STATES EXCHANGE

12 PROGRAMS.

13 Section 112 of the Mutual Educational and Cultural

14 Exchange Act of 1961 (22 U.S.C. 2460) is amended by

15 adding at the end the following:

16 ‘‘(f) The President shall ensure that all exchange pro17 grams conducted by the United States Government, its de18 partments and agencies, directly or through agreements

19 with other parties, are coordinated through the Bureau

20 to ensure that such exchanges are consistent with United

21 States foreign policy and to avoid duplication of effort.

22 The President shall report annually to the Congress on

23 such coordination. Such report shall include information

24 concerning what exchanges are supported by the United

25 States, the number of exchange participants supported,
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1 the types of exchange activities, and the total amount of

2 Federal expenditures for such exchanges.’’.

3 SEC. 242. LIMITATION CONCERNING PARTICIPATION IN

4 INTERNATIONAL EXPOSITIONS.

5 Notwithstanding any other provision of law, the Unit6 ed States Information Agency is not authorized to repro7 gram or to obligate or expend any funds for a United

8 States pavilion or other major exhibit at any international

9 exposition or world’s fair without an express authorization

10 of appropriations for such purpose.

11 SEC. 243. PRIVATE SECTOR OPPORTUNITES.

12 Section 104(e)(4) of the Mutual Educational and

13 Cultural Exchange Act of 1961 (22 U.S.C. 2454) is

14 amended by inserting before the period ‘‘, and of similar

15 services and opportunities for interchange not supported

16 by the United States Government’’.

17 SEC. 244. EDUCATIONAL AND CULTURAL EXCHANGES WITH

18 TIBET.

19 The Director of the United States Information Agen20 cy shall establish programs of educational and cultural ex21 change between the United States and the people of Tibet.

22 Such programs shall include opportunities for training

23 and, as the Director considers appropriate, may include

24 the assignment of personnel and resources abroad.
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1 PART D—MIKE MANSFIELD FELLOWSHIPS

2 SEC. 251. SHORT TITLE.

3 This part may be cited as the ‘‘Mike Mansfield Fel4 lowship Act’’.

5 SEC. 252. ESTABLISHMENT OF FELLOWSHIP PROGRAM.

6 (a) ESTABLISHMENT.—(1) There is hereby estab7 lished the ‘‘Mike Mansfield Fellowship Program’’ pursu8 ant to which the Director of the United States Informa9 tion Agency will make grants, subject to the availability

10 of appropriations, to the Mansfield Center for Pacific Af11 fairs to award fellowships to eligible United States citizens

12 for periods of 2 years each (or, pursuant to section

13 253(5)(C), for such shorter period of time as the Center

14 may determine based on a Fellow’s level of proficiency in

15 the Japanese language or knowledge of the political econ16 omy 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

25 with the interests of the fellowship recipient, consist26 ent 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

3 fellowships 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

7 253.

8 (c) INTERNATIONAL AGREEMENT.—The Director of

9 the United States Information Agency should enter into

10 negotiations for an agreement with the Government of

11 Japan for the purpose of placing Mansfield Fellows in the

12 Government of Japan.

13 (d) PRIVATE SOURCES.—The Center is authorized to

14 accept, use, and dispose of gifts or donations of services

15 or property in carrying out the fellowship program, subject

16 to the review and approval of the Board described in sec17 tion 255.

18 SEC. 253. PROGRAM REQUIREMENTS.

19 The program established under this part shall comply

20 with the following requirements:

21 (1) United States citizens who are eligible for

22 fellowships under this part shall be employees of the

23 Federal Government having at least two years expe24 rience in any branch of the Government, a strong

25 career interest in United States-Japan relations, and
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1 a demonstrated commitment to further service in the

2 Federal Government.

3 (2) Not less than 10 fellowships shall be award4 ed each year.

5 (3) Mansfield Fellows shall agree—

6 (A) to maintain satisfactory progress in

7 language training and appropriate behavior in

8 Japan, as determined by the Center, as a condi9 tion of continued receipt of Federal funds; and

10 (B) to return to the Federal Government

11 for further employment for a period of at least

12 2 years following the end of their fellowships,

13 unless, in the determination of the Center, the

14 Fellow is unable (for reasons beyond the Fel15 low’s control and after receiving assistance from

16 the Center as provided in paragraph (8)) to

17 find reemployment for such period.

18 (4) During the period of the fellowship, the

19 Center shall provide each Mansfield Fellow—

20 (A) a stipend at a rate of pay equal to the

21 rate of pay that individual was receiving when

22 he or she entered the program, plus a cost-of23 living adjustment calculated at the same rate of

24 pay, and for the same period of time, for which

25 such adjustments were made to the salaries of
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1 individuals occupying competitive positions in

2 the civil service during the same period as the

3 fellowship; and

4 (B) certain allowances and benefits as that

5 individual would have been entitled to, but for

6 his or her separation from Government service,

7 as a United States Government civilian em8 ployee overseas under the Standardized Regula9 tions (Government Civilians, Foreign Areas) of

10 the Department of State, as follows: a living

11 quarters allowance to cover the cost of housing

12 in Japan, a post allowance to cover the signifi13 cantly higher costs of living in Japan, a tem14 porary quarters subsistence allowance for up to

15 7 days for Fellows unable to find housing im16 mediately upon arrival in Japan, an education

17 allowance to assist parents in providing their

18 children with educational services ordinarily

19 provided without charge by United States pub20 lic schools, moving expenses of up to $3,000 for

21 personal belongings of Fellows and their fami22 lies in their move to Japan and up to $500 for

23 Fellows residing outside the Washington, D.C.

24 area in moving to the Washington, D.C. area,

25 and one-round-trip economy-class airline ticket
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1 to Japan for each Fellow and the Fellow’s im2 mediate family.

3 (5)(A) For the first year of each fellowship, the

4 Center shall provide Fellows with intensive Japanese

5 language training in the Washington, D.C., area, as

6 well as courses in the political economy of Japan.

7 (B) Such training shall be of the same quality

8 as training provided to Foreign Service officers be9 fore they are assigned to Japan.

10 (C) The Center may waive any or all of the

11 training required by subparagraph (A) to the extent

12 that a Fellow has Japanese language skills or knowl13 edge of Japan’s political economy, and the 2 year

14 fellowship period shall be shortened to the extent

15 such training is less than one year.

16 (6) Any Mansfield Fellow not complying with

17 the requirements of this section shall reimburse the

18 United States Information Agency for the Federal

19 funds expended for the Fellow’s participation in the

20 fellowship, together with interest on such funds (cal21 culated at the prevailing rate), as follows:

22 (A) Full reimbursement for noncompliance

23 with paragraph (3)(A) or (9); and

24 (B) pro rata reimbursement for noncompli25 ance with paragraph (3)(B) for any period the
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1 Fellow is reemployed by the Federal Govern2 ment that is less than the period specified in

3 paragraph (3)(B), at a rate equal to the

4 amount the Fellow received during the final

5 year of the fellowship for the same period of

6 time, including any allowances and benefits pro7 vided under paragraph (4).

8 (7) The Center shall select Mansfield Fellows

9 based solely on merit. The Center shall make posi10 tive efforts to recruit candidates reflecting the cul11 tural, racial, and ethnic diversity of the United

12 States.

13 (8) The Center shall assist any Mansfield Fel14 low in finding employment in the Federal Govern15 ment if such Fellow was not able, at the end of the

16 fellowship, to be reemployed in the agency from

17 which he or she separated to become a Fellow.

18 (9) No Mansfield Fellow may engage in any in19 telligence or intelligence-related activity on behalf of

20 the United States Government.

21 (10) The accounts of the Center shall be au22 dited annually in accordance with generally accepted

23 auditing standards by independent certified public

24 accountants or independent licensed public account25 ants, certified or licensed by a regulatory authority
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1 of a State or other political subdivision of the United

2 States. The audit shall be conducted at the place or

3 places where the accounts of the Center are normally

4 kept. All books, accounts, financial records, files,

5 and other papers, things, and property belonging to

6 or in use by the Center and necessary to facilitate

7 the audit shall be made available to the person or

8 persons conducting the audit, and full facilities for

9 verifying transactions with the balances or securities

10 held by depositories, fiscal agents, and custodians

11 shall be afforded to such person or persons.

12 (11) The Center shall provide a report of the

13 audit to the Board no later than six months follow14 ing the close of the fiscal year for which the audit

15 is made. The report shall set forth the scope of the

16 audit and include such statements, together with the

17 independent auditor’s opinion of those statements,

18 as are necessary to present fairly the Center’s assets

19 and liabilities, surplus or deficit, with reasonable de20 tail, including a statement of the Center’s income

21 and expenses during the year, including a schedule

22 of all contracts and grants requiring payments in ex23 cess of $5,000 and any payments of compensation,

24 salaries, or fees at a rate in excess of $5,000 per
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1 year. The report shall be produced in sufficient cop2 ies for the public.

3 SEC. 254. SEPARATION OF GOVERNMENT PERSONNEL DUR4 ING THE FELLOWSHIPS.

5 (a) SEPARATION.—Under such terms and conditions

6 as the agency head may direct, any agency of the United

7 States Government may separate from Government serv8 ice for a specified period any officer or employee of that

9 agency who accepts a fellowship under the program estab10 lished by this part.

11 (b) REEMPLOYMENT.—Any Mansfield Fellow, at the

12 end of the fellowship, is entitled to be reemployed in the

13 same manner as if covered by section 3582 of title 5, Unit14 ed States Code.

15 (c) RIGHTS AND BENEFITS.—Notwithstanding sec16 tion 8347(o), 8713, or 8914 of title 5, United States Code,

17 and in accordance with regulations of the Office of Person18 nel Management, an employee, while serving as a Mans19 field Fellow, is entitled to the same rights and benefits

20 as if covered by section 3582 of title 5, United States

21 Code. The Center shall reimburse the employing agency

22 for any costs incurred under section 3582 of title 5,

23 United States Code.
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1 (d) COMPLIANCE WITH BUDGET ACT.—Funds are

2 available under this section to the extent and in the

3 amounts provided in appropriation Acts.

4 SEC. 255. MANSFIELD FELLOWSHIP REVIEW BOARD.

5 (a) ESTABLISHMENT.—There is hereby established

6 the Mansfield Fellowship Review Board.

7 (b) COMPOSITION.—The Board shall be composed of

8 11 individuals, as follows:

9 (1) The Secretary of State, or the Secretary’s

10 designee.

11 (2) The Secretary of Defense, or the Sec12 retary’s designee.

13 (3) The Secretary of the Treasury, or the Sec14 retary’s designee.

15 (4) The Secretary of Commerce, or the Sec16 retary’s designee.

17 (5) The United States Trade Representative, or

18 the Trade Representative’s designee.

19 (6) The Chief Justice of the United States, or

20 the Chief Justice’s designee.

21 (7) The Majority Leader of the Senate, or the

22 Majority Leader’s designee.

23 (8) The Minority Leader of the Senate, or the

24 Minority Leader’s designee.
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1 (9) The Speaker of the House of Representa2 tives, or the Speaker’s designee.

3 (10) The Minority Leader of the House of Rep4 resentatives, or the Minority Leader’s designee.

5 (11) The Director of the United States Infor6 mation Agency, who shall serve as the chairperson of

7 the Board, or the Director’s designee.

8 (c) FUNCTIONS.—(1) The Board shall review the ad9 ministration of the program assisted under this part.

10 (2)(A) Each year at the time of the submission of

11 the President’s budget request to the Congress, the Board

12 shall submit to the President and the Congress a report

13 completed by the Center with the approval of the Board

14 on the conduct of the program during the preceding year.

15 (B) Each such report shall contain—

16 (i) an analysis of the assistance provided under

17 the program for the previous fiscal year and the na18 ture of the assistance provided;

19 (ii) an analysis of the performance of the indi20 viduals who received assistance under the program

21 during the previous fiscal year, including the degree

22 to which assistance was terminated under the pro23 gram and the extent to which individual recipients

24 failed to meet their obligations under the program;

25 and
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1 (iii) an analysis of the results of the program

2 for the previous fiscal year, including, at a mini3 mum, the cumulative percentage of individuals who

4 received assistance under the program who subse5 quently became employees of the United States Gov6 ernment and, in the case of individuals who did not

7 subsequently become employees of the United States

8 Government, an analysis of the reasons why they did

9 not become employees and an explanation as to what

10 use, if any, was made of the assistance given to

11 those recipients.

12 (d) COMPENSATION.—Members of the Board shall

13 not be paid compensation for services performed on the

14 Board.

15 (e) AVAILABILITY OF SUPPORT STAFF.—The Direc16 tor of the United States Information Agency is authorized

17 to provide for necessary secretarial and staff assistance

18 for the Board.

19 (f) RELATIONSHIP TO FEDERAL ADVISORY COMMIT20 TEE ACT.—The Federal Advisory Committee Act shall not

21 apply to the Board to the extent that the provisions of

22 this section are inconsistent with such Act.

23 SEC. 256. 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 agen10 cy;

11 (B) in the case of the judicial branch of

12 Government, the chief judge of the respective

13 court;

14 (C) in the case of the Senate, the Presi15 dent pro tempore, in consultation with the Ma16 jority Leader and Minority Leader of the Sen17 ate; and

18 (D) in the case of the House of Represent19 atives, the Speaker of the House, in consulta20 tion with the Majority Leader and Minority

21 Leader of the House;

22 (3) the term ‘‘Board’’ means the Mike Mans23 field Fellowship Review Board; and

24 (4) the term ‘‘Center’’ means the Mansfield

25 Center for Pacific Affairs.
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1 PART E—FACILITATION OF PRIVATE SECTOR

2 INITIATIVES

3 SEC. 261. SHORT TITLE.

4 This part may be cited as the ‘‘Free Trade in Ideas

5 Act of 1993’’.

6 SEC. 262. EXCHANGE OF INFORMATION AND RELATED

7 TRANSACTIONS.

8 (a) INTERNATIONAL EMERGENCY ECONOMIC POW9 ERS ACT.—Section 203(b)(3) of the International Emer10 gency Economic Powers Act (50 U.S.C. 1702(b)) is

11 amended to read as follows:

12 ‘‘(3)(A) the importation from or exportation to

13 any country, or the communication or telecommuni14 cation or other form of transmission to any country,

15 of information or informational materials which—

16 ‘‘(i) include, but are not limited to—

17 ‘‘(I) publications, films, posters, pho18 nograph records, photographs, microfilms,

19 microfiche, audiotapes and videotapes,

20 artworks, telephone conversations, other

21 voice or data communications or tele22 communications, telecasts, and news wire

23 feeds,

24 ‘‘(II) other forms of telecommuni25 cations, and
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1 ‘‘(III) other materials the creation

2 and circulation of which in the United

3 States would be protected by the First

4 Amendment to the United States Constitu5 tion,

6 whether those materials are in existence at the

7 time of or are to be created subsequent to or

8 pursuant to a transaction or activity described

9 in this paragraph; and

10 ‘‘(ii) are information and informational

11 materials that are not otherwise controlled for

12 export under section 5 of the Export Adminis13 tration Act of 1979 and with respect to which

14 no acts are prohibited by chapter 37 of title 18,

15 United States Code;

16 ‘‘(B) travel related to any such importation, ex17 portation, communication, telecommunication, or

18 transmission;

19 ‘‘(C) transactions for the creation or circulation

20 of or otherwise concerning such information or infor21 mational materials, or any rights in such informa22 tion or informational materials, whether commercial

23 or otherwise; or
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1 ‘‘(D) other transactions incidental to any activ2 ity or transaction described in subparagraph (A),

3 (B), or (C);’’.

4 (b) EXPORT ADMINISTRATION ACT OF 1979.—Sec5 tion 6 of the Export Administration Act of 1979 (22

6 U.S.C. 2405) is amended by adding at the end the follow7 ing new subsection:

8 ‘‘(t) INFORMATION AND INFORMATIONAL MATE9 RIALS.—(1) This section does not authorize export con10 trols on—

11 ‘‘(A) information or informational materials;

12 ‘‘(B) transactions for the creation or circulation

13 of or otherwise concerning such information or infor14 mational materials, or any rights in such informa15 tion or informational materials, whether commercial

16 or otherwise; or

17 ‘‘(C) other transactions incidental to the export

18 of any information or informational materials or to

19 any transaction described in subparagraph (B).

20 ‘‘(2) The information and informational materials re21 ferred to in paragraph (1) include, but are not limited

22 to—

23 ‘‘(A) publications, films, posters, phonograph

24 records, photographs, microfilms, microfiche, audio25 tapes and videotapes, artworks, telephone conversa-
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1 tions, other voice or data communications or tele2 communications, telecasts, and news wire feeds;

3 ‘‘(B) other forms of telecommunications; and

4 ‘‘(C) other materials the creation and circula5 tion of which in the United States are protected by

6 the First Amendment to the United States Constitu7 tion.’’.

8 (c) TRADING WITH THE ENEMY ACT.—

9 (1) EXCHANGE OF INFORMATION AND RELATED

10 TRANSACTIONS.—Section 5(b)(4) of the Trading

11 With the Enemy Act (50 U.S.C. App. section 5(b))

12 is amended to read as follows:

13 ‘‘(4)(A) The authority granted to the President in

14 this subsection does not include the authority to regulate

15 or prohibit, directly or indirectly—

16 ‘‘(i) the importation from or exportation to any

17 country, or the communication or telecommunication

18 or other form of transmission to any country, of in19 formation or informational materials;

20 ‘‘(ii) travel related to any such importation, ex21 portation, communication, telecommunication, or

22 transmission;

23 ‘‘(iii) transactions for the creation or circulation

24 of or otherwise concerning such information or infor25 mational materials, or any rights in such informa-
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1 tion or informational materials, whether commercial

2 or otherwise, or

3 ‘‘(iv) other transactions incidental to any activ4 ity or transaction described in clause (i), (ii), or (iii).

5 ‘‘(B) The information and informational materials re6 ferred to in subparagraph (A)—

7 ‘‘(i) include, but are not limited to—

8 ‘‘(I) publications, films, posters, phono9 graph records, photographs, microfilms, micro10 fiche, audiotapes and videotapes, artworks, tele11 phone conversations, other voice or data com12 munications or telecommunications, telecasts,

13 and news wire feeds,

14 ‘‘(II) other forms of telecommunications,

15 and

16 ‘‘(III) other materials the creation and cir17 culation of which in the United States would be

18 protected by the First Amendment to the Unit19 ed States Constitution,

20 whether those materials are in existence at the time

21 of or are to be created subsequent to or pursuant to

22 a transaction or activity described in subparagraph

23 (A); and

24 ‘‘(ii) are information and informational mate25 rials that are not otherwise controlled for export
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1 under section 5 of the Export Administration Act of

2 1979 and with respect to which no acts are prohib3 ited by chapter 37 of title 18, United States Code.’’.

4 SEC. 263. EDUCATIONAL, CULTURAL, RELIGIOUS, AND SCI5 ENTIFIC ACTIVITIES AND EXCHANGES.

6 (a) INTERNATIONAL EMERGENCY ECONOMIC POW7 ERS ACT.—Section 203(b) of the International Emergency

8 Economic Powers Act (50 U.S.C. 1702(b)) is amended by

9 adding at the end thereof the following:

10 ‘‘(5) financial or other transactions, or travel,

11 incident to—

12 ‘‘(A) activities of scholars,

13 ‘‘(B) other educational or academic activi14 ties,

15 ‘‘(C) exchanges in furtherance of any such

16 activities,

17 ‘‘(D) cultural activities and exchanges,

18 ‘‘(E) public exhibitions or performances by

19 the nationals of one country in another country,

20 or

21 ‘‘(F) activities of religious organizations,

22 to the extent that any such activities, exchanges, ex23 hibitions, or performances are not otherwise con24 trolled for export under section 5 of the Export Ad25 ministration Act of 1979 and to the extent that,
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1 with respect to such activities, exchanges, exhibi2 tions, or performances, no acts are prohibited by

3 chapter 37 of title 18, United States Code; or’’.

4 (b) TRADING WITH THE ENEMY ACT.—Section 5(b)

5 of the Trading With the Enemy Act is amended by adding

6 at the end thereof the following:

7 ‘‘(6) The authority granted to the President in this

8 subsection does not include the authority to regulate or

9 prohibit, directly or indirectly, financial or other trans10 actions, or travel, incident to—

11 ‘‘(A) activities of scholars,

12 ‘‘(B) other educational or academic activities,

13 ‘‘(C) exchanges in furtherance of any such ac14 tivities,

15 ‘‘(D) cultural activities and exchanges,

16 ‘‘(E) public exhibitions or performances by the

17 nationals of one country in another country, or

18 ‘‘(F) activities of religious organizations,

19 to the extent that any such activities, exchanges, exhibi20 tions, or performances are not otherwise controlled for ex21 port under section 5 of the Export Administration Act of

22 1979 and to the extent that, with respect to such activi23 ties, exchanges, exhibitions, or performances, no acts are

24 prohibited by chapter 37 of title 18, United States Code.’’.
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1 SEC. 264. ESTABLISHMENT OF NEWS BUREAUS.

2 (a) INTERNATIONAL EMERGENCY ECONOMIC POW3 ERS ACT.—Section 203(b) of the International Emergency

4 Economic Powers Act (50 U.S.C. 1702(b)) is amended by

5 adding at the end thereof the following:

6 ‘‘(6) financial or other transactions related to

7 the establishment of bureaus by United States news

8 organizations in foreign countries, or the establish9 ment of news bureaus in the United States by for10 eign news organizations.’’.

11 (b) TRADING WITH THE ENEMY ACT.—Section 5(b)

12 of the Trading With the Enemy Act (50 U.S.C. App. 5(b))

13 is amended by adding at the end the following:

14 ‘‘(7) The authority granted to the President in this

15 subsection does not include the authority to regulate or

16 prohibit, directly or indirectly, financial or other trans17 actions related to the establishment of bureaus by United

18 States news organizations in foreign countries, or the es19 tablishment of news bureaus in the United States by for20 eign news organizations.’’.

21 SEC. 265. FOREIGN ASSISTANCE ACT OF 1961.

22 Section 620(a) of the Foreign Assistance Act of 1961

23 (22 U.S.C. 2370(a)) is amended by adding at the end

24 thereof the following:

25 ‘‘(3) Notwithstanding paragraph (1), the authority

26 granted to the President in such paragraph does not in-
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1 clude the authority to regulate or prohibit, directly or indi2 rectly, any activities or transactions which may not be reg3 ulated or prohibited under paragraphs (4), (5), (6), or (7)

4 of section 5(b) of the Trading With the Enemy Act.’’.

5 SEC. 266. UNITED NATIONS PARTICIPATION ACT OF 1945.

6 Section 5(a) of the United Nations Participation Act

7 of 1945 (22 U.S.C. 287c) is amended by adding after the

8 first sentence the following: ‘‘The authority granted under

9 this section does not include the authority to regulate or

10 prohibit any of the activities which may not be regulated

11 or prohibited under paragraphs (3), (4), (5), and (6) of

12 section 203(b) of the International Emergency Economic

13 Powers Act.’’.

14 SEC. 267. APPLICABILITY.

15 (a) INTERNATIONAL EMERGENCY ECONOMIC POW16 ERS ACT.—The amendments made by sections 262(a),

17 263(a), and 264(a), apply to actions taken by the Presi18 dent under the International Emergency Economic Powers

19 Act before the date of the enactment of this Act which

20 are in effect on such date of enactment, and to actions

21 taken under such section on or after such date of enact22 ment.

23 (b) TRADING WITH THE ENEMY ACT.—

24 (1) The authorities conferred upon the Presi25 dent by section 5(b) of the Trading With the Enemy
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1 Act, which were being exercised with respect to a

2 country on July 1, 1977, as a result of a national

3 emergency declared by the President before the date,

4 and are being exercised on the date of the enactment

5 of this Act, do not include the authority to regulate

6 or prohibit, directly or indirectly, any activity which,

7 under paragraph (4), (5), (6), or (7) of section 5(b)

8 of the Trading With the Enemy Act, as amended

9 and added by this Act, may not be regulated or pro10 hibited.

11 (2) The amendments made by sections 262(c),

12 263(b), and 264(b) apply to actions taken by the

13 President under section 5(b) of the Trading With

14 the Enemy Act before the date of the enactment of

15 this Act which are in effect on such date of enact16 ment, and to actions taken under such section on or

17 after such date of enactment.

18 (3) This subsection does not alter the status of

19 assets blocked pursuant to the Trading With the

20 Enemy Act before the date of the enactment of this

21 Act.

22 (c) EXPORT ADMINISTRATION ACT OF 1979.—The

23 amendment made by section 262(b) shall apply to actions

24 taken by the President under section 6 of the Export Ad25 ministration Act of 1979 before the date of the enactment
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1 of this Act which are in effect on such date of enactment,

2 and to actions taken under such section on or after such

3 date of enactment.

4 (d) FOREIGN ASSISTANCE ACT.—

5 (1) The amendment made by section 265 ap6 plies to actions taken by the President under section

7 620(a)(1) of the Foreign Assistance Act of 1961 be8 fore the date of the enactment of this Act which are

9 in effect on such date of enactment, and to actions

10 taken under such section on or after such date of

11 enactment.

12 (2) Paragraph (1) does not alter the status of

13 assets blocked pursuant to section 620(a)(1) of the

14 Foreign Assistance Act of 1961 before the date of

15 the enactment of this Act.

16 TITLE III—ARMS CONTROL AND

17 DISARMAMENT AGENCY

18 SEC. 301. PURPOSES.

19 The purposes of this title are—

20 (1) to provide renewed impetus in improving

21 the United States Government’s ability to manage

22 the complex process of negotiating and implementing

23 arms control treaties;

24 (2) to provide central leadership and coordina25 tion to United States nonproliferation policy; and
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1 (3) to improve congressional oversight of the

2 operating budget of the United States Arms Control

3 and Disarmament Agency.

4 SEC. 302. ACDA DIRECTOR.

5 (a) DIRECTOR.—Section 22 of the Arms Control and

6 Disarmament Act (22 U.S.C. 2562) is amended to read

7 as follows:

8 ‘‘SEC. 22. DIRECTOR.

9 ‘‘(a) APPOINTMENT.—The Agency shall be headed by

10 a Director, who shall be appointed by the President, by

11 and with the advice and consent of the Senate. No person

12 serving on active duty as a commissioned officer of the

13 Armed Forces of the United States may be appointed Di14 rector.

15 ‘‘(b) DUTIES.—The Director shall serve as the prin16 cipal adviser to the President and other executive branch

17 officials on matters relating to arms control, disarmament,

18 and nonproliferation. In carrying out his or her duties

19 under this Act, the Director, under the guidance of the

20 Secretary of State, shall have primary responsibility for

21 matters relating to arms control, disarmament, and non22 proliferation, as defined by this Act.’’.

23 (b) PERMANENT MEMBERSHIP ON NATIONAL SECU24 RITY COUNCIL.—Section 101(a) of the National Security

25 Act of 1947 (50 U.S.C. 402(a)) is amended—
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1 (1) by redesignating paragraphs (5) through

2 (7) as paragraphs (6) through (8), respectively; and

3 (2) by inserting after paragraph (4) the follow4 ing new paragraph (5):

5 ‘‘(5) the Director of the United States Arms

6 Control and Disarmament Agency;’’.

7 SEC. 303. SPECIAL REPRESENTATIVES.

8 (a) IN GENERAL.—Section 27 of the Arms Control

9 and Disarmament Act (22 U.S.C. 2567) is amended to

10 read as follows:

11 ‘‘SEC. 27. SPECIAL REPRESENTATIVES.

12 ‘‘(a) APPOINTMENT.—The President may appoint, by

13 and with the advice and consent of the Senate, Special

14 Representatives of the President for Arms Control, Disar15 mament, and Nonproliferation. Each Presidential Special

16 Representative shall hold the rank of ambassador.

17 ‘‘(b) DUTIES.—Presidential Special Representatives

18 shall perform their duties and exercise their powers under

19 direction of the President, acting through the Director.

20 One such Special Representative shall serve as the United

21 States Governor to the Board of Governors of the Inter22 national Atomic Energy Agency.

23 ‘‘(c) ADMINISTRATIVE SUPPORT.—The Agency shall

24 be the Government agency responsible for providing ad25 ministrative support, including funding, staff, and office
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1 space, to all Presidential Special Representatives ap2 pointed under this section.’’.

3 (b) CONFORMING AMENDMENT.—Section 5315 of

4 title 5, United States Code, is amended by striking ‘‘Spe5 cial Representatives for Arms Control and Disarmament

6 Negotiations, United States Arms Control and Disar7 mament Agency (2).’’ and inserting ‘‘Special Representa8 tives of the President for Arms Control and Nonprolifera9 tion.’’.

10 SEC. 304. NEGOTIATION MANAGEMENT.

11 Section 34 of the Arms Control and Disarmament

12 Act (22 U.S.C. 2574) is amended to read as follows:

13 ‘‘SEC. 34. NEGOTIATIONS AND RELATED FUNCTIONS.

14 ‘‘The Director shall have primary responsibility for

15 the preparation and management of United States partici16 pation in all international negotiations and implementa17 tion forums in the fields of arms control, disarmament,

18 and nonproliferation. To this end—

19 ‘‘(1) the Director shall have primary respon20 sibility for the preparation, formulation, support,

21 and transmission of instructions and guidance for all

22 such negotiations and forums, and shall manage

23 interagency groups established within the executive

24 branch to support such negotiations and forums; and
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1 ‘‘(2) all United States Government representa2 tives conducting negotiations or acting pursuant to

3 agreements in the fields of arms control, disar4 mament, or nonproliferation shall perform their du5 ties and exercise their powers, under the direction of

6 the President, acting through the Director.’’.

7 SEC. 305. PARTICIPATION OF ACDA DIRECTOR IN CERTAIN

8 DELIBERATIONS.

9 (a) ARMS EXPORT CONTROL ACT.—

10 (1) Section 38(a)(2) of the Arms Export Con11 trol Act (22 U.S.C. 2778(a)(2)) is amended to read

12 as follows:

13 ‘‘(2) Decisions on issuing export licenses under this

14 section shall be made in coordination with the Director

15 of the United States Arms Control and Disarmament

16 Agency, taking into account the Director’s assessment as

17 to whether the export of an article will contribute to an

18 arms race, aid in the development of weapons of mass de19 struction, support international terrorism, increase the

20 possibility of outbreak or escalation of conflict, or preju21 dice the development of bilateral or multilateral arms con22 trol or nonproliferation agreements or other bilateral ar23 rangements.’’.

24 (2) Section 42(a) of such Act (22 U.S.C.

25 2791(a)) is amended by striking out all that follows
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1 ‘‘(3)’’ in the last sentence and inserting the follow2 ing: ‘‘the assessment of the Director of the United

3 States Arms Control and Disarmament Agency as to

4 the extent to which such sale might contribute to an

5 arms race, aid in the development of weapons of

6 mass destruction, support international terrorism,

7 increase the possibility of outbreak or escalation of

8 conflict, or prejudice the development of bilateral or

9 multilateral arms control or nonproliferation agree10 ments or other arrangements. No decision shall be

11 made over the objection of the Director unless the

12 Director has been informed in writing of the reasons

13 why the Director’s opinion was not deemed sufficient

14 to deny the proposed sale, and afforded a reasonable

15 opportunity to appeal the proposed decision.’’.

16 (3) Section 71 of such Act (22 U.S.C. 2797) is

17 amended—

18 (A) in subsection (a) by inserting ‘‘, the

19 Director of the United States Arms Control and

20 Disarmament Agency,’’ after ‘‘Secretary of De21 fense’’;

22 (B) in subsection 7(b)(1) inserting ‘‘and

23 the Director of the United States Arms Control

24 and Disarmament Agency’’ after ‘‘Secretary of

25 Defense’’; and
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1 (C) in subsection (b)(2)—

2 (i) by striking out ‘‘and the Secretary

3 of Commerce’’ and inserting in lieu thereof

4 ‘‘, the Secretary of Commerce, and the Di5 rector of the United States Arms Control

6 and Disarmament Agency’’; and

7 (ii) by striking the comma after ‘‘ap8 plicant’’ and all that follows through ‘‘doc9 uments’’.

10 (b) ATOMIC ENERGY ACT.—

11 (1) Section 131 b. of the Atomic Energy Act of

12 1954 (42 U.S.C. 2160(b)) is amended—

13 (A) in paragraph (2) by inserting ‘‘and the

14 Director of the United States Arms Control and

15 Disarmament Agency’’ after ‘‘Secretary of

16 State’’; and

17 (B) in paragraph (3) by inserting ‘‘and the

18 Director of the United States Arms Control and

19 Disarmament Agency’’ after ‘‘Secretary of

20 State’’.

21 (2) Section 142 of such Act (42 U.S.C. 2162)

22 is amended by adding at the end thereof the follow23 ing new subsection:

24 ‘‘f. All determinations under this section to remove

25 data from the Restricted Data category shall be made only
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1 after consultation with the Director of the United States

2 Arms Control and Disarmament Agency. If the Commis3 sion, the Department of Defense, and the Director do not

4 agree, the determination shall be made by the President.’’.

5 SEC. 306. NOTIFICATION TO CONGRESS OF PROPOSED

6 REPROGRAMMINGS BY ACDA.

7 Title IV of the Arms Control and Disarmament Act

8 is amended by adding at the end the following:

9 ‘‘SEC. 54. REPROGRAMMING OF FUNDS.

10 ‘‘(2) CONGRESSIONAL NOTIFICATION OF CERTAIN

11 REPROGRAMMINGS.—Unless the Committee on Foreign

12 Affairs of the House of Representatives and the Commit13 tee on Foreign Relations of the Senate are notified at least

14 15 days in advance of the proposed reprogramming, funds

15 appropriated to carry out this Act (other than funds to

16 carry out title V) shall not be available for obligation or

17 expenditure through any reprogramming of funds that—

18 ‘‘(1) would create or eliminate a program,

19 project, or activity;

20 ‘‘(2) would increase funds or personnel by any

21 means for any program, project, or activity for

22 which funds have been denied or restricted by the

23 Congress;

24 ‘‘(3) would relocate an office or employees;
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1 ‘‘(4) would reorganize offices, programs,

2 projects, or activities;

3 ‘‘(5) would involve contracting out functions

4 which had been performed by Federal employees; or

5 ‘‘(6) would involve a reprogramming in excess

6 of $500,000 or 10 percent (whichever is less) and

7 would—

8 ‘‘(A) augment existing programs, projects,

9 or activities,

10 ‘‘(B) reduce by 10 percent or more the

11 funding for any existing program, project, activ12 ity, or personnel approved by the Congress, or

13 ‘‘(C) result from any general savings from

14 a reduction in personnel that would result in a

15 change in existing programs, activities, or

16 projects approved by the Congress.

17 ‘‘(b) LIMITATION ON END-OF-YEAR

18 REPROGRAMMINGS.—Funds appropriated to carry out

19 this Act (other than funds to carry out title V) shall not

20 be available for obligation or expenditure through any

21 reprogramming described in paragraph (1) during the last

22 15 days in which such funds are available for obligation

23 or expenditure (as the case may be) unless the notification

24 required by that paragraph was submitted before that 15-

25 day period.’’.
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1 SEC. 307. REQUIREMENT OF AUTHORIZATION OF APPRO2 PRIATIONS.

3 (b) ARMS CONTROL AND DISARMAMENT AGENCY.—

4 Title IV of the Arms Control and Disarmament Act is

5 amended by adding at the end the following:

6 ‘‘SEC. 55. REQUIREMENT FOR AUTHORIZATION OF APPRO7 PRIATIONS.

8 ‘‘(a) LIMITATION ON OBLIGATION AND EXPENDI9 TURE OF FUNDS.—Notwithstanding any other provision

10 of law, for the fiscal year 1994 and for each subsequent

11 fiscal year, any funds appropriated for the Arms Control

12 and Disarmament Agency shall not be available for obliga13 tion or expenditure—

14 ‘‘(1) unless such funds are appropriated pursu15 ant to an authorization of appropriations; or

16 ‘‘(2) in excess of the authorized level of appro17 priations.

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

19 under subsection (a) shall not apply to the extent that an

20 authorization of appropriations is enacted after such funds

21 are appropriated.

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

23 ‘‘(1) may not be superseded, except by a provi24 sion of law which specifically repeals, modifies, or

25 supersedes the provisions of this section; and
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1 ‘‘(2) shall not apply to, or affect in any manner,

2 permanent appropriations, trust funds, and other

3 similar accounts which are authorized by law and

4 administered by the Arms Control and Disarmament

5 Agency.’’.

6 DIVISION B—FOREIGN ASSIST7 ANCE AND RELATED PRO8 GRAMS

9 TITLE XI—REFORM OF FOREIGN

10 ASSISTANCE PROGRAMS

11 SEC. 1101. NEED FOR FOREIGN ASSISTANCE REFORM.

12 (a) NEED FOR REFORM.—The Congress—

13 (1) remains convinced that United States for14 eign assistance programs and the Agency for Inter15 national Development are in need of immediate re16 form; and

17 (2) remains prepared to enact reform legislation

18 in time for the fiscal year 1995 authorization and

19 appropriations cycle.

20 (b) COMPREHENSIVE REFORM PLAN.—To facilitate

21 this reform process, the President shall submit to the Con22 gress, within 60 days after the date of enactment of this

23 Act, a plan for comprehensive reform of United States for24 eign assistance programs and of the agency primarily re-
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1 sponsible for administering part I of the Foreign Assist2 ance Act of 1961.

3 SEC. 1102. EVALUATION AND ACCOUNTABILITY.

4 (a) NEED FOR EVALUATION.—In order to effectively

5 and responsibily manage the resources with which it is

6 provided, the agency primarily responsible for administer7 ing part I of the Foreign Assistance Act of 1961 must

8 have a capacity to evaluate objectively the extent of its

9 progress in achieving development results and to derive

10 lessons from its development experience.

11 (b) ACTIONS TO BE TAKEN.—In furtherance of sub12 section (a), the President shall establish a program per13 formance, monitoring, and evaluation capacity with the

14 following functions:

15 (1) To strengthen, through training and other

16 means, the use of program performance, monitoring,

17 and evaluation as a management tool, by both the

18 agency and its counterparts in countries receiving

19 assistance, in the planning, designing, and imple20 mentation of foreign assistance projects and pro21 grams.

22 (2) To develop a program performance informa23 tion system to afford agency managers at all levels

24 a means for monitoring and assessing achievement

25 of impact and interim performance of the agency’s
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1 major programs in support of the strategic manage2 ment of economic assistance.

3 (3) To prepare and disseminate objective and

4 periodic reports on the progress of the agency pri5 marily responsible for administering part I of the

6 Foreign Assistance Act of 1961 in meeting develop7 ment objectives and on lessons learned from its de8 velopment programs.

9 (4) To strengthen the capacity to utilize the

10 findings of program performance, measurement, and

11 evaluation in decisions of that agency about program

12 direction and resource allocation.

13 (5) To coordinate with the Inspector General of

14 the agency primarily responsible for admininstering

15 part I of the Foreign Assistance Act of 1961 so as

16 to ensure appropriate complementarity of efforts,

17 recognizing that—

18 (A) it is the responsibility of the agency to

19 direct a system of performance measurement

20 and independent evaluations of its programs

21 and policies, as well as the operational and

22 management systems that affect the develop23 ment impact of those programs and policies;

24 and
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1 (B) it is the responsibility of the Inspector

2 General to conduct regular and comprehensive

3 assessments and audit of financial management

4 and administrative systems, including the ade5 quacy of the systems for monitoring and evalu6 ating agency projects and programs.

7 (c) ACCOUNTABILITY.—The President shall prepare

8 an annual report to the Congress as a separate part of

9 the congressional presentation materials of the agency pri10 marily responsible for administering part I of the Foreign

11 Assistance Act of 1961. This report shall include the

12 following:

13 (1) An assessment of progress toward the

14 achievement of sustainable development objectives,

15 based on the findings of program performance, mon16 itoring, and evaluation studies conducted by that

17 agency and on such other empirical analyses as may

18 be appropriate.

19 (2) An analysis, on a country-by-country basis

20 (with each country receiving economic assistance

21 under part I of the Foreign Assistance Act of 1961

22 or the Support for East European Democracy

23 (SEED) Act of 1989 being included at least once

24 every 5 years), of the impact on economic develop25 ment in each country during the preceding 3 to 5
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1 fiscal years of United States economic assistance

2 programs, with a discussion of the United States in3 terests that were served by the assistance. For each

4 such country, the analysis shall—

5 (A) describe the specific objectives the

6 United States sought to achieve in providing

7 economic assistance, and specify the extent to

8 which those objectives were or were not

9 achieved;

10 (B) to the extent possible, be done on a

11 sector-by-sector basis and identify trends within

12 each sector and, if relevant, identify any eco13 nomic policy reforms conducive to sustainable

14 economic growth that were promoted by the as15 sistance and the progress being made by such

16 country in adopting economic policies that fos17 ter and enhance the freedom and opportunity of

18 individuals to participate in economic growth in

19 that country;

20 (C) as part of the context of United States

21 economic assistance, describe the amount and

22 nature of economic assistance provided by other

23 major donors during the preceding 3 to 5 fiscal

24 years, set forth by the development sector to

25 the extent possible;
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1 (D) describe the trends, both favorable and

2 unfavorable, in each development sector; and

3 (E) contain statistical and other informa4 tion necessary to evaluate the impact and effec5 tiveness of United States economic assistance

6 on development in the country.

7 TITLE XII—AUTHORIZATIONS

8 FOR FOREIGN ASSISTANCE

9 PROGRAMS

10 SEC. 1201. AUTHORIZATIONS OF APPROPRIATIONS FOR FIS11 CAL YEAR 1994.

12 (a) ECONOMIC ASSISTANCE.—There are authorized

13 to be appropriated for fiscal year 1994 the following

14 amounts for the following purposes:

15 (1) DEVELOPMENT ASSISTANCE FUND.—

16 $850,000,000 to carry out sections 103 through 106

17 of the Foreign Assistance Act of 1961.

18 (2) POPULATION, DEVELOPMENT ASSIST19 ANCE.—$395,000,000 to carry out section 104(b) of

20 the Foreign Assistance Act of 1961.

21 (3) DEVELOPMENT FUND FOR AFRICA.—

22 $900,000,000 to carry out chapter 10 of part I of

23 the Foreign Assistance Act of 1961.
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1 (4) INTERNATIONAL DISASTER ASSISTANCE.—

2 $148,965,000 to carry out section 491 of the

3 Foreign Assistance Act of 1961.

4 (5) AMERICAN SCHOOLS AND HOSPITALS.—

5 $35,000,000 to carry out section 214 of the Foreign

6 Assistance Act of 1961.

7 (6) MULTILATERAL ASSISTANCE INITIATIVE

8 FOR THE PHILIPPINES.—$30,000,000 for assistance

9 for the Philippines under chapter 4 of part I of the

10 Foreign Assistance Act of 1961.

11 (7) ASSISTANCE FOR EASTERN EUROPE AND

12 THE BALTIC STATES.—$400,000,000 for economic

13 assistance for Eastern Europe and the Baltic states

14 under the Foreign Assistance Act of 1961 and the

15 Support for East European Democracy (SEED) Act

16 of 1989.

17 (8) ASSISTANCE FOR THE INDEPENDENT

18 STATES OF THE FORMER SOVIET UNION.—

19 $903,820,000 to carry out chapter 11 of part I of

20 the Foreign Assistance Act of 1961 and to carry out

21 exchanges and training and similar programs under

22 section 807 of the Freedom for Russia and Emerg23 ing Eurasian Democracies and Open Markets Sup24 port Act of 1992.
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1 (9) INTER-AMERICAN FOUNDATION.—

2 $30,960,000 to carry out section 401 of the Foreign

3 Assistance Act of 1969.

4 (10) AFRICAN DEVELOPMENT FOUNDATION.—

5 $18,000,000 to carry out the African Development

6 Foundation Act.

7 (11) INTERNATIONAL FUND FOR IRELAND.—

8 $19,600,000 to carry out part I of the Foreign As9 sistance Act of 1961, which shall be available for the

10 United States contribution to the International

11 Fund for Ireland in accordance with the Anglo-Irish

12 Agreeement Support Act of 1986. Amounts appro13 priated under this paragraph are authorized to re14 main available until expended.

15 (b) SECURITY ASSISTANCE.—There are authorized to

16 be appropriated for fiscal year 1994 the following amounts

17 for the following purposes:

18 (1) FOREIGN MILITARY FINANCING PROGRAM

19 GRANTS.—$3,200,000,000 for grants under section

20 23 of the Arms Export Control Act. Funds made

21 available under this paragraph shall be nonrepayable

22 notwithstanding any requirement of that section.

23 (2) FOREIGN MILITARY FINANCING PROGRAM

24 LOANS.—$57,000,000 for the cost (as defined in

25 section 502(5) of the Federal Credit Reform Act of
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1 1990) of loans under section 23 of the Arms Export

2 Control Act.

3 (3) ECONOMIC SUPPORT FUND.—

4 $2,424,400,000 to carry out chapter 4 of part II of

5 the Foreign Assistance Act of 1961.

6 (4) INTERNATIONAL MILITARY EDUCATION AND

7 TRAINING.—$40,000,000 to carry out chapter 5 of

8 part II of the Foreign Assistance Act of 1961.

9 (5) ANTI-TERRORISM ASSISTANCE.—

10 $15,555,000 to carry out chapter 8 of part II of the

11 Foreign Assistance Act of 1961.

12 (6) NONPROLIFERATION AND DISARMAMENT

13 FUND.—$25,000,000 to carry out section 504 of the

14 Freedom for Russia and Emerging Eurasian Democ15 racies and Open Markets Support Act of 1992.

16 (c) PEACE CORPS.—There are authorized to be ap17 propriated $219,745,000 for fiscal year 1994 to carry out

18 the Peace Corps Act.

19 (d) REDUCTIONS IN PREVIOUSLY ENACTED AUTHOR20 IZATION FOR INTERNATIONAL NARCOTICS CONTROL AS21 SISTANCE.—Section 482(a)(1) of the Foreign Assistance

22 Act of 1961 is amended by striking ‘‘$171,500,000’’ and

23 inserting ‘‘$135,000,000’’.

24 (e) RULE OF CONSTRUCTION.—In order to ensure

25 that all otherwise applicable authorities, restrictions, and
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1 other provisions of law apply with respect to the amounts

2 that are authorized to be appropriated by this section for

3 fiscal year 1994, those amounts shall be deemed to be au4 thorized to be appropriated by the provision of the Foreign

5 Assistance Act of 1961 or other Act that provided the cor6 responding authorization of appropriations for prior fiscal

7 years.

8 SEC. 1202. HOUSING GUARANTEE PROGRAM.

9 (a) AUTHORIZATIONS.—

10 (1) COST OF GUARANTEED LOANS.—There are

11 authorized to be appropriated $16,407,000 for fiscal

12 year 1994 for the cost (as defined in section 502(5)

13 of the Federal Credit Reform Act of 1990) of guar14 anteed loans under sections 221 and 222 of the

15 Foreign Assistance Act of 1961.

16 (2) PROGRAM CEILING.—Section 222(a) of that

17 Act is amended by striking ‘‘$2,558,000,000’’ in the

18 second sentence and inserting ‘‘$3,000,000,000’’.

19 (3) PROGRAM EXPIRATION DATE.—Section

20 222(a) of that Act is amended by striking ‘‘1992’’

21 in the third sentence and inserting ‘‘1995’’.

22 (4) ADMINISTRATIVE EXPENSES.—(A) There

23 are authorized to be appropriated $8,407,000 for

24 fiscal year 1994 for administrative expenses to carry

25 out guaranteed loan programs under sections 221
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1 and 222 of that Act. Amounts appropriated under

2 this paragraph are authorized to remain available

3 until expended.

4 (B) Amounts appropriated under this para5 graph may be transferred to and merged with the

6 appropriations for ‘‘Operating Expenses of the

7 Agency for International Development’’.

8 (b) PREFERENTIAL TREATMENT TO PROJECTS IN

9 POORER COUNTRIES.—Section 222 of the Foreign Assist10 ance Act of 1961 is amended—

11 (1) by redesignating subsection (k) as sub12 section (e); and

13 (2) by inserting after subsection (c) the follow14 ing:

15 ‘‘(d) PREFERENTIAL CONSIDERATION TO PROJECTS

16 IN POORER COUNTRIES.—In issuing guarantees under

17 this section and in carrying out related activities, the

18 President shall give preferential consideration to projects

19 in countries with an annual per capita income of $1,196

20 or less in 1991 United States dollars, and shall restrict

21 guarantees and related activities for projects in countries

22 with an annual per capita income of $5,190 or more in

23 1991 United States dollars.’’.

24 (c) FEE INCREASE.—
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1 (1) STUDY.—The administrator of the agency

2 primarily responsible for administering part I of the

3 Foreign Assistance Act of 1961—

4 (A) shall conduct a study to determine the

5 feasibility of increasing the fees charged pursu6 ant to section 223(a) of that Act for guarantees

7 issued under sections 221 and 222 of that Act

8 in an effort to reduce the costs (as defined in

9 section 502(5) of the Federal Credit Reform

10 Act of 1990) of the guarantee program; and

11 (B) shall submit the results of this study

12 to the Committee on Foreign Affairs of the

13 House of Representatives and the Committee

14 on Foreign Relations of the Senate not later

15 than 6 months after the date of enactment of

16 this Act.

17 (2) POLICY.—The administrator should in18 crease the fees described in paragraph (1)(A) to the

19 extent determined to be feasible in the study con20 ducted pursuant to this subsection.

21 SEC. 1203. OVERSEAS PRIVATE INVESTMENT CORPORA22 TION.

23 (a) PROGRAM AUTHORIZATION OF FISCAL YEAR

24 1995.—Section 235(a) of the Foreign Assistance Act of

25 1961 is amended—
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1 (1) in paragraph (1) by striking

2 ‘‘$9,000,000,000’’ and inserting ‘‘$10,000,000,000’’;

3 (2) in paragraph (2)(A) by striking

4 ‘‘$2,500,000,000’’ and inserting ‘‘$3,500,000,000’’;

5 and

6 (3) in paragraph (2)(B)—

7 (A) by striking ‘‘and’’ at the end of clause

8 (i);

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

10 clause (ii) and inserting ‘‘; and’’; and

11 (C) by inserting after clause (ii) the

12 following:

13 ‘‘(iii) to transfer such sums as are nec14 essary from its noncredit account revolving

15 fund to pay for the subsidy cost of a program

16 level for the loan and loan guarantee program

17 under subsections (b) and (c) of section 234 of

18 $1,000,000,000 for fiscal year 1995.’’.

19 (b) TERMINATION DATE.—Section 235(a)(3) of that

20 Act is amended by striking ‘‘1994’’ and inserting ‘‘1995’’.

21 (c) ADMINISTRATIVE EXPENSES.—Section 235(g) of

22 that Act is amended—

23 (1) in paragraph (1) by striking ‘‘and’’;

24 (2) in paragraph (2) by striking the period and

25 inserting ‘‘; and’’; and
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1 (3) by adding at the end the following new

2 paragraph:

3 ‘‘(3) $15,000,000 for fiscal year 1995.’’.

4 SEC. 1204. SPECIAL DEBT REDUCTION AUTHORITY.

5 (a) AUTHORITY TO REDUCE DEBT.—Notwithstand6 ing any other provision of law (other than the Federal

7 Credit Reform Act of 1990), the President may reduce

8 amounts of principal and interest owed to the United

9 States (or any agency of the United States) by an eligible

10 country as a result of—

11 (1) guarantees issued under sections 221 and

12 222 of the Foreign Assistance Act of 1961; or

13 (2) credits extended or guarantees issued under

14 the Arms Export Control Act.

15 (b) IMPLEMENTATION OF PARIS CLUB DEBT REDUC16 TION.—The authority provided by this section may be ex17 ercised only to implement the multilateral official debt re18 lief ad referendum agreements that are commonly referred

19 to as ‘‘Paris Club Agreed Minutes’’.

20 (c) APPROPRIATIONS REQUIREMENT.—The authority

21 provided by this section may be exercised only in such

22 amounts or to such extent as is provided in advance by

23 appropriations Acts in accordance with the requirements

24 of the Federal Credit Reform Act of 1990.
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1 (d) ELIGIBLE COUNTRIES.—For purposes of this sec2 tion, the term ‘‘eligible country’’ means a country that the

3 President determines—

4 (1) has a heavy debt burden; and

5 (2) is eligible to borrow from the International

6 Development Association but not from the Inter7 national Bank for Reconstruction and Development

8 (commonly referred to as an ‘‘IDA-only’’ country).

9 SEC. 1205. SPECIAL DEFENSE ACQUISITION FUND.

10 (a) DECAPITALIZATION.—Notwithstanding section

11 51(b) of the Arms Export Control Act, collections de12 scribed in that section that are in excess of obligational

13 authority provided in foreign operations, export financing,

14 and related appropriations Acts for fiscal years prior to

15 fiscal year 1994 shall be deposited in the Treasury as mis16 cellaneous receipts.

17 (b) AVOIDANCE OF DUPLICATIVE PROVISIONS.—Sub18 section (a) shall not apply if the Foreign Operations, Ex19 port Financing, and Related Programs Appropriations

20 Act, 1994, contains an identical requirement.

21 TITLE XIII—REGIONAL

22 PROVISIONS

23 SEC. 1301. SUB-SAHARAN AFRICA DISASTER ASSISTANCE.

24 The Congress expects that not less than

25 $100,000,000 of the funds made available for fiscal year
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1 1994 to carry out section 491 of the Foreign Assistance

2 Act of 1961 (relating to international disaster assistance)

3 will be used for disaster relief, rehabilitation, and recon4 struction assistance for Sub-Saharan Africa.

5 SEC. 1302. AFRICAN DEVELOPMENT FOUNDATION.

6 (a) CEILING ON ASSISTANCE FOR A PROJECT.—Sec7 tion 505(a)(2) of the African Development Foundation

8 Act is amended by adding at the end the following: ‘‘In

9 exceptional circumstances, the board of directors of the

10 Foundation may waive such dollar limitation with respect

11 to a project. Any such waivers shall be reported to the

12 Congress annually.’’.

13 (b) AUTHORITY TO EMPLOY ALIENS.—Section

14 506(a) of that Act is amended—

15 (1) by redesignating paragraphs (8) through

16 (12) as paragraphs (9) through (13), respectively;

17 and

18 (2) by inserting after paragraph (7) the follow19 ing new paragraph (8):

20 ‘‘(8) when determined by the president of the

21 Foundation to be necessary (but subject to the limi22 tation established by paragraph (7) on the number

23 of Foundation employees), may employ persons who

24 are not citizens of the United States notwithstand25 ing any provision of law that would otherwise pro-
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1 hibit the use of appropriated funds to pay the com2 pensation of officers or employees of the Government

3 who are not citizens of the United States;’’.

4 (c) TRAVEL EXPENSES.—

5 (1) MEMBERS OF BOARD.—Section 507(b) of

6 that Act is amended by striking ‘‘actual and nec7 essary expenses not exceeding $100 per day, and for

8 transportation expenses,’’ and inserting ‘‘travel ex9 penses, including per diem in lieu of subsistence, in

10 accordance with section 5703 of title 5, United

11 States Code,’’.

12 (2) CONFORMING AMENDMENT.—Section

13 507(e)(3) of that Act is amended by striking ‘‘and

14 other expenses’’ and inserting ‘‘expenses, including

15 per diem in lieu of subsistence,’’.

16 (d) INTEREST ACCRUING TO GRANTEES.—

17 (1) AUTHORITY TO RETAIN.—The African De18 velopment Foundation Act is amended by adding at

19 the end the following:

20 ‘‘SEC. 511. INTEREST ACCRUING TO GRANTEES.

21 ‘‘When, with the permission of the Foundation, funds

22 made available to a grantee under this title are invested

23 pending disbursement, the resulting interest is not re24 quired to be deposited in the United States Treasury if
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1 the grantee uses the resulting interest for the purpose for

2 which the grant was made.’’.

3 (2) EFFECTIVE DATE.—The amendment made

4 by paragraph (1) applies to both interest earned be5 fore and interest earned after the date of enactment

6 of this Act.

7 SEC. 1303. CONFLICT RESOLUTION INITIATIVE FOR AFRICA.

8 (a) IMPROVING OAU’S CONFLICT RESOLUTION CA9 PABILITIES.—

10 (1) DESCRIPTION OF ASSISTANCE.—The Presi11 dent is authorized to provide assistance to help es12 tablish a permanent conflict resolution capability

13 within the Organization of African Unity (referred

14 to in this subsection as the ‘‘OAU’’), as follows:

15 (A) Funds may be provided to the OAU

16 for use in supporting its conflict resolution

17 capability.

18 (B) Funds may be used for expenses of

19 sending individuals with expertise in conflict

20 resolution (who may include United States Gov21 ernment employees) from the United States to

22 work with the OAU for a period of up to 2

23 years.

24 (C) Funds may be provided to the OAU to

25 support the establishment and maintenance of
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1 an African Conflict Resolution Research Center

2 that is linked to the OAU secretariat.

3 (2) FUNDING.—Of the funds that are allocated

4 for sub-Saharan Africa under chapter 4 of part II

5 of the Foreign Assistance Act of 1961 (relating to

6 the economic support fund), up to $1,500,000 for

7 each of the fiscal years 1994 through 1998 may be

8 used to carry out paragraph (1), in addition to

9 funds otherwise available for such purpose.

10 (3) REQUIREMENT FOR APPROVAL OF CERTAIN

11 REFORMS.—Assistance may be provided pursuant to

12 this subsection only if the President determines that

13 the OAU has approved and is in the process of im14 plementing the reforms proposed by the Secretary

15 General of the OAU in February 1993 in the In16 terim Report of the Secretary General on the Mech17 anisms for Conflict Prevention, Resolution and Man18 agement.

19 (b) IMPROVING CONFLICT RESOLUTION CAPABILI20 TIES OF MULTILATERAL SUBREGIONAL ORGANIZA21 TIONS.—

22 (1) TYPES OF ASSISTANCE TO BE PROVIDED.—

23 The President is authorized to provide assistance to

24 help establish permanent conflict resolution capabili-
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1 ties within subregional organizations established by

2 countries in sub-Saharan Africa, as follows:

3 (A) Funds may be provided to such an or4 ganization for use in supporting its conflict res5 olution capability.

6 (B) Fund may be used for the expenses of

7 sending individuals with expertise in conflict

8 resolution (who may include United States Gov9 ernment employees) from the United States to

10 work with such an organization for a period of

11 up to 2 years.

12 (2) FUNDING.—Of the funds that are allocated

13 for sub-Saharan Africa under chapter 4 of part II

14 of the Foreign Assistance Act of 1961 (relating to

15 the economic support fund), up to $1,500,000 for

16 each of the fiscal years 1994 through 1998 may be

17 used to carry out paragraph (1)

18 (c) AFRICAN DEMOBILIZATION AND RETRAINING

19 PROGRAM.—

20 (1) IN GENERAL.—In order to facilitate reduc21 tions in the size of the armed forces of countries of

22 sub-Saharan Africa, the President is authorized to

23 provide assistance for—

24 (A) encampment and related activities as25 sociated with demobilization of such forces, and
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1 (B) the retraining for civilian occupations

2 of military personnel who have been demobi3 lized.

4 (2) FUNDING.—(A) Of the funds that are allo5 cated for sub-Saharan Africa under the ‘‘Foreign

6 Military Financing Program’’ account under section

7 23 of the Arms Export Control Act, up to

8 $5,000,000 for fiscal year 1994 may be used for the

9 assistance described in paragraph (1)(A).

10 (B) Of the funds that are allocated for sub-Sa11 haran Africa under chapter 4 of part II of the For12 eign Assistance Act of 1961 (relating to the eco13 nomic support fund), up to $5,000,000 for fiscal

14 year 1994 may be used for the assistance described

15 in paragraph (1)(A).

16 (C) A portion of the funds made available for

17 fiscal year 1994 to carry out chapter 10 of part I

18 of the Foreign Assistance Act of 1961 (relating to

19 the Development Fund for Africa) may be used for

20 the assistance described in paragraph (1)(B).

21 (d) IMET CONFLICT RESOLUTION PROGRAM.—

22 Chapter 5 of part II of the Foreign Assistance Act of 1961

23 is amended by adding at the end the following:
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1 ‘‘SEC. 546. CONFLICT RESOLUTION PROGRAM FOR AFRICA.

2 ‘‘In addition to the other education and training ac3 tivities carried out under this chapter, the President shall

4 establish a program to provide education and training in

5 conflict resolution for civilian and military personnel of

6 countries in sub-Saharan Africa.’’.

7 SEC. 1304. SADC PROJECTS.

8 (a) WAIVER OF BROOKE AMENDMENT.—Section

9 620(q) of the Foreign Assistance Act of 1961 and the cor10 responding section of the Foreign Operations, Export Fi11 nancing, and Related Programs Appropriations Act, 1994,

12 shall not apply with respect to assistance provided for fis13 cal year 1994 under section 496(o) of the Foreign Assist14 ance Act of 1961.

15 (b) TECHNICAL AMENDMENT.—Section 496(o) of the

16 Foreign Assistance Act of 1961 is amended—

17 (1) in the subsection heading by striking

18 ‘‘SADCC’’ and inserting ‘‘SADC’’; and

19 (2) in paragraph (1) by striking ‘‘Coordination

20 Conference (SADCC)’’ and inserting ‘‘Community

21 (SADC)’’.

22 SEC. 1305. SOUTH AFRICA.

23 (a) REMOVAL OF CEILINGS ON GRANTS FOR HUMAN

24 RIGHTS PROJECTS.—Section 116 of Foreign Assistance

25 Act of 1961 is amended—
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1 (1) by repealing subparagraphs (C) and (D) of

2 subsection (e)(2); and

3 (2) in subsection (f)—

4 (A) by repealing paragraph (2), and

5 (B) by striking ‘‘(f)(1)’’ and inserting

6 ‘‘(f)’’ and by redesignating subparagraphs (A)

7 through (E) as paragraphs (1) through (5), re8 spectively.

9 (b) EXCEPTION TO LIMITATION ON ASSISTANCE RE10 CIPIENTS.—

11 (1) ASSISTANCE UNDER SECTION 116.—Section

12 116(e)(2)(B) of that Act is amended—

13 (A) in the fourth sentence, by striking ‘‘or

14 to organizations financed or controlled by the

15 Government of South Africa’’; and

16 (B) by adding at the end the following new

17 sentences: ‘‘A nongovernmental organization fi18 nanced or controlled by the Government of

19 South Africa that meets the criteria specified in

20 this subparagraph may receive assistance under

21 this paragraph only if the President determines

22 that (i) the activities of that organization fur23 ther the purposes of the establishment of a non24 racial democratic state in South Africa, (ii) the

25 provision of assistance to that organization will
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1 further the objective of this paragraph to assist

2 disadvantaged South Africans, and (iii) the

3 Government of South Africa is continuing to

4 make progress toward dismantling apartheid

5 and establishing a nonracial democracy. Before

6 making such determinations, the President shall

7 consult with the appropriate congressional com8 mittees and with South African organizations

9 that are representative of the majority popu10 lation of South Africa and should seek a com11 mitment from the Government of South Africa

12 that it will provide additional resources to meet

13 the needs of disadvantaged South Africans. As

14 used in the preceding sentence, the term ‘appro15 priate congressional committees’ means the

16 Committee on Foreign Affairs and the Commit17 tee on Appropriations of the House of Rep18 resentatives and the Committee on Foreign Re19 lations and the Committee on Appropriations of

20 the Senate.’’.

21 (2) ASSISTANCE UNDER SECTION 117.—Section

22 117 of that Act (as added by section 201(b) of the

23 Comprehensive Anti-Apartheid Act of 1986) is

24 amended by adding at the end the following: ‘‘In ad25 dition, a nongovernmental organization that meets
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1 the criteria specified in the first 2 sentences of this

2 section but receives funds from the Government of

3 South Africa may receive assistance under this sec4 tion if the President determines that such organiza5 tion meets the requirements of the 5th sentence of

6 section 116(e)(2)(B), and such determination is

7 made in accordance with the 6th sentence of such

8 section.’’.

9 SEC. 1306. SUDAN.

10 (a) STATEMENT OF THE CONGRESS.—The Con11 gress—

12 (1) strongly condemns the Government of

13 Sudan for its severe human rights abuses and calls

14 upon that government to improve human rights con15 ditions throughout the country;

16 (2) deplores the internecine fighting among the

17 factions of the Sudanese People’s Liberation Army;

18 (3) urges the Government of Sudan and the

19 factions of the Sudanese People’s Liberation Army

20 to provide full access for and to cooperate with relief

21 organizations;

22 (4) encourages the Government of Sudan to lift

23 the press ban which was imposed after it took power

24 in June 1989; and
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1 (5) calls on the Government of Sudan to estab2 lish a democratic system.

3 (b) RESTRICTIONS ON ASSISTANCE.—Except as pro4 vided in subsection (c), assistance may not be provided

5 for Sudan for fiscal year 1994—

6 (1) under chapter 1 or chapter 10 of part I of

7 the Foreign Assistance Act of 1961 (relating to de8 velopment assistance and the Development Fund for

9 Africa),

10 (2) under chapter 4 of part II of that Act (re11 lating to the economic support fund),

12 (3) under chapter 5 of part II of that Act (re13 lating to international military education and train14 ing), or

15 (4) from the ‘‘Foreign Military Financing Pro16 gram’’ account under section 23 of the Arms Export

17 Control Act.

18 (c) WAIVER OF RESTRICTIONS.—

19 (1) AUTHORIZATION.—The President may

20 waive the prohibitions in subsection (b) if the Presi21 dent determines, and reports in accordance with

22 paragraph (2), that there is substantial progress in

23 southern Sudan toward respecting human rights, re24 solving the conflict in that region, establishing a
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1 democratically elected government, and establishing

2 a reformed and independent judiciary system.

3 (2) CONGRESSIONAL REVIEW OF DETERMINA4 TION.—A determination under paragraph (1) shall

5 not become effective until 15 days after it is re6 ported to the congressional committees specified in

7 section 634A(a) of the Foreign Assistance Act of

8 1961 in accordance with the procedures applicable to

9 reprogramming notifications under that section.

10 SEC. 1307. ZAIRE.

11 (a) STATEMENT OF THE CONGRESS.—The Con12 gress—

13 (1) strongly condemns the disruptive measures

14 taken by President Mobutu in recent months, and

15 holds President Mobutu responsible for the current

16 political crisis in Zaire;

17 (2) stresses the importance of a successful tran18 sition to democracy in Zaire;

19 (3) urges the President of the United States to

20 pressure President Mobutu to leave Zaire so that the

21 legitimate transitional government can proceed with

22 the process of democratization as mandated by the

23 Sovereign National Conference;
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1 (4) urges the President of the United States to

2 impose, in conjunction with our allies, a variety of

3 sanctions on President Mobutu, including—

4 (A) freezing the bank accounts of Presi5 dent Mobutu, his family and associates;

6 (B) denying visas to President Mobutu, his

7 family and associates; and

8 (C) expelling Mobutu’s ambassador;

9 (5) congratulates the people of Zaire for their

10 courageous support of democracy in the face of pow11 erful opposition; and

12 (6) expresses its readiness to explore further

13 ways of providing support for democracy and politi14 cal pluralism in Zaire.

15 (b) RESTRICTIONS ON ASSISTANCE.—

16 (1) SECURITY ASSISTANCE.—Except as pro17 vided in subsection (c), assistance may not be pro18 vided for Zaire for fiscal year 1994—

19 (A) under chapter 4 of part II of the For20 eign Assistance Act of 1961 (relating to the

21 economic support fund),

22 (B) under chapter 5 of part II of that Act

23 (relating to international military education and

24 training), or
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1 (C) from the ‘‘Foreign Military Financing

2 Program’’ account under section 23 of the

3 Arms Export Control Act.

4 (2) DEVELOPMENT ASSISTANCE.—Except as

5 provided in subsection (c), assistance under chapter

6 1 or chapter 10 of part I of the Foreign Assistance

7 Act of 1961 (relating to development assistance and

8 the Development Fund for Africa) for fiscal year

9 1994 shall not be transferred to the Government of

10 Zaire. This paragraph does not prohibit nongovern11 mental organizations from working with appropriate

12 ministries or departments of the Government of

13 Zaire.

14 (c) WAIVER WHEN THE DEMOCRATIC PROCESS IS

15 RESTORED.—

16 (1) AUTHORIZATION.—The President may

17 waive the prohibitions in subsection (b) if the Presi18 dent determines, and reports in accordance with

19 paragraph (2), that democracy has been restored in

20 Zaire, that President Mobutu is no longer a threat

21 to the elected government, and that the elected gov22 ernment is committed to bringing about freedom of

23 expression for the people of Zaire, a reformed and

24 independent judiciary, and reform of, and applica25 tions of the rule of law to, Zaire security forces.
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1 (2) CONGRESSIONAL REVIEW OF DETERMINA2 TION.—A determination under paragraph (1) shall

3 not become effective until 15 days after it is re4 ported to the congressional committees specified in

5 section 634A(a) of the Foreign Assistance Act of

6 1961 in accordance with the procedures applicable to

7 reprogramming notifications under that section.

8 SEC. 1308. AFGHANISTAN HUMANITARIAN ASSISTANCE.

9 (a) AUTHORIZATION.—Funds described in subsection

10 (c) may be made available for the provision of food, medi11 cine, or other humanitarian assistance to the Afghan peo12 ple notwithstanding any other provision of law.

13 (b) ASSISTANCE FOR AFGHAN WOMEN AND GIRLS.—

14 In carrying out this section, the Administrator of the

15 agency primarily responsible for carrying out part I of the

16 Foreign Assistance Act of 1961 shall ensure that an equi17 table portion of the funds is made available to benefit Af18 ghan women and girls, particularly in programs in refugee

19 camps in Pakistan and in reconstruction projects in

20 Afghanistan.

21 (c) FUNDING.—Up to $20,000,000 of the aggregate

22 amount of funds made available for fiscal year 1994 to

23 carry out chapter 1 of part I of the Foreign Assistance

24 Act of 1961 (relating to development assistance) and
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1 chapter 4 of part II (relating to the economic support

2 fund) may be used pursuant to this section.

3 SEC. 1309. MULTILATERAL ASSISTANCE INITIATIVE FOR

4 THE PHILIPPINES.

5 Part I of the Foreign Assistance Act of 1961 is

6 amended by inserting after chapter 3 the following:

7 ‘‘CHAPTER 4—MULTILATERAL ASSISTANCE INITIATIVE

8 FOR THE PHILIPPINES

9 ‘‘SEC. 401. AUTHORIZATION OF ASSISTANCE.

10 ‘‘(a) AUTHORIZATION.—The President is authorized

11 to provide economic assistance for the Phillipines under

12 the ‘Multilateral Assistance Initiative’ account. Such as13 sistance shall be provided on such terms and conditions

14 as the President may determine.

15 ‘‘(b) AUTHORIZATION FOR EXTENDED PERIOD OF

16 AVAILABILITY.—Amounts appropriated to carry out this

17 chapter are authorized to remain available until

18 expended.’’.

19 SEC. 1310. ASSISTANCE FOR EASTERN EUROPE AND THE

20 BALTICS.

21 (a) ECONOMIC ASSISTANCE.—Section 3 of the Sup22 port for East European Democracy (SEED) Act of 1989

23 is amended—

24 (1) by redesignating subsection (c) as sub25 section (e); and
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1 (2) by inserting after subsection (b) the follow2 ing:

3 ‘‘(c) INAPPLICABILITY OF RESTRICTIONS AND RE4 QUIREMENTS.—Assistance provided for an East European

5 country under this Act or under part I of the Foreign As6 sistance Act of 1961 may be provided notwithstanding any

7 other provision of law, other than section 634A(a) of that

8 Act. Section 634A(a) of that Act shall also apply to funds

9 made available to carry out this Act.

10 ‘‘(d) AUTHORIZATION FOR EXTENDED PERIOD OF

11 AVAILABILITY.—Amounts appropriated for economic as12 sistance for East European countries and the Baltic states

13 under this Act or the Foreign Assistance Act of 1961 are

14 authorized to remain available until expended.’’.

15 (b) ASSISTANCE FOR VICTIMS OF WAR CRIMES IN

16 THE FORMER YUGOSLAVIA.—Assistance provided under

17 section 491 of the Foreign Assistance Act of 1961 (relat18 ing to international disaster assistance) and assistance

19 provided under the Migration and Refugee Assistance of

20 1962 may include assistance for the victims of torture,

21 rape, and other war crimes in the former Yugoslavia and

22 for the families of such victims, especially children, with

23 a particular focus on victims of the war in Bosnia24 Herzegovina. Such assistance may include activities such

25 as—
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1 (1) the provision of medical, psychological, and

2 psychiatric care and crisis counseling for victims of

3 war crimes stemming from the conflict in the former

4 Yugoslavia, whether provided in the United States

5 or abroad;

6 (2) the training of individuals in the former

7 Yugoslavia, including individuals who have been the

8 victims of torture and individuals of the Moslem

9 faith, to provide medical, psychological, and psy10 chiatric care and crisis counseling; and

11 (3) the procurement of necessary medical and

12 training supplies.

13 (c) CORRECTION OF REFERENCE.—Subsection (e) of

14 section 3 of the Support for East European Democracy

15 (SEED) Act of 1989, as so redesignated by subsection (a)

16 of this section, is amended—

17 (1) by striking ‘‘and Slovak Federal’’; and

18 (2) by inserting ‘‘the Slovak Republic,’’ after

19 ‘‘Romania,’’.

20 SEC. 1311. ASSISTANCE FOR THE INDEPENDENT STATES OF

21 THE FORMER SOVIET UNION.

22 (a) PROHIBITION OF ASSISTANCE TO INDEPENDENT

23 STATES THAT TRANSFER CERTAIN CONVENTIONAL

24 WEAPONS TO IRAN.—Section 498A(b)(3) of the Foreign

25 Assistance Act of 1961 is amended—
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1 (1) in the text preceding subparagraph (A), by

2 striking ‘‘to another country’’;

3 (2) in subparagraph (A)—

4 (A) by inserting ‘‘to another country’’ after

5 ‘‘missiles or missile technology’’; and

6 (B) by striking ‘‘or’’ at the end of such

7 subparagraph;

8 (3) in subparagraph (B)—

9 (A) by inserting ‘‘to another country’’ after

10 ‘‘any material, equipment, or technology’’; and

11 (B) by striking ‘‘of such weapon;’’ and in12 serting ‘‘of such weapon; or’’; and

13 (4) by adding at the end the following new sub14 paragraph:

15 ‘‘(C) sophisticated or destabilizing conven16 tional weapons to Iran.’’.

17 (b) WAIVER AUTHORITY.—Section 498B(j)(1) of

18 that Act is amended—

19 (1) by inserting ‘‘or 1994’’ after ‘‘1993’’ both

20 places it appears; and

21 (2) by striking ‘‘by this chapter’’ and inserting

22 ‘‘to carry out this chapter’’.

23 (c) ASSISTANCE IN EXCHANGE FOR COMMODITIES.—

24 Section 498B of that Act is amended—
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1 (1) by redesignating subsection (k) as sub2 section (l); and

3 (2) by inserting after subsection (j) the follow4 ing new subsection:

5 ‘‘(k) ASSISTANCE IN EXCHANGE FOR COMMOD6 ITIES.—The President is authorized to provide assistance

7 under this chapter in exchange for materials or commod8 ities, including any strategic material and any commodity

9 the international supply of which is in such excess as to

10 jeopardize United States production of such commodity.’’.

11 (d) IMPROVING MONITORING OF ECONOMIC PER12 FORMANCE IN THE INDEPENDENT STATES.—Section

13 498B of that Act is further amended—

14 (1) by redesignating subsection (l) as subsection

15 (m); and

16 (2) by inserting after subsection (k), as added

17 by the subsection (c) of this section, the following

18 new subsection:

19 ‘‘(l) IMPROVING MONITORING OF ECONOMIC PER20 FORMANCE IN THE INDEPENDENT STATES.—Assistance

21 under section 498 shall include training and other tech22 nical assistance to develop capabilities to monitor eco23 nomic performance in the independent states of the former

24 Soviet Union through the collection, analysis, and dissemi25 nation of economic statistical data.’’.
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1 SEC. 1312. ASSISTANCE FOR MONGOLIA.

2 The President is authorized to use funds made avail3 able to carry out chapter 11 of part I of the Foreign As4 sistance Act of 1961 (relating to assistance for the inde5 pendent states of the former Soviet Union) to provide as6 sistance for Mongolia under the same authorities, restric7 tions, and other provisions that are applicable to assist8 ance under that chapter for independent states of the

9 former Soviet Union.

10 SEC. 1313. TERMINATION OF IMET PROGRAM FOR MALTA.

11 Funds made available for fiscal year 1994 to carry

12 out chapter 5 of part II of the Foreign Assistance Act

13 of 1961 (relating to the international military education

14 and training program) may not be obligated for Malta.

15 SEC. 1314. ADMINISTRATION OF JUSTICE AND OTHER LAW

16 ENFORCEMENT ASSISTANCE PROGRAMS FOR

17 LATIN AMERICA AND THE CARIBBEAN.

18 (a) EXTENSION OF PROGRAM AUTHORITY.—Section

19 534 of the Foreign Assistance Act of 1961 is amended

20 by striking the last sentence of subsection (e) and by in21 serting after subsection (e) the following:

22 ‘‘(f) The authority of this section shall expire on Sep23 tember 30, 1994.’’.

24 (b) ELIMINATION OF PROGRAM CEILINGS.—Section

25 534 of that Act is amended—
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1 (1) by repealing the second sentence of sub2 section (e); and

3 (2) by amending subsection (c) to read as fol4 lows:

5 ‘‘(c) AUTHORITY TO USE ESF FUNDS.—Funds

6 made available to carry out this chapter may be used to

7 provide assistance under this section.’’.

8 (c) PROTECTION OF PARTICIPANTS IN JUDICIAL

9 CASES.—Section 534(b)(3) of that Act is amended—

10 (1) by redesignating subparagraphs (C) and

11 (D) as subparagraphs (D) and (E), respectively; and

12 (2) by inserting after subparagraph (B) the fol13 lowing:

14 ‘‘(C) programs to enhance protection of

15 participants in judicial cases;’’.

16 (d) SPECIAL AUTHORITIES FOR CERTAIN COUN17 TRIES.—Funds made available for fiscal year 1994 to

18 carry out section 534 of that Act may be used, notwith19 standing section 660 of that Act, to provide assistance as

20 follows:

21 (1) PANAMA.—Up to $10,000,000 may be made

22 available for Panama for the following:

23 (A) Technical assistance, training, and

24 commodities with the objective of creating a
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1 professional civilian police force, except that as2 sistance under this subparagraph—

3 (i) shall not include more than

4 $5,000,000 for the procurement of equip5 ment for law enforcement purposes, and

6 (ii) shall not include lethal equipment.

7 (B) Programs to improve penal institutions

8 and the rehabilitation of offenders, which may

9 include programs that are not conducted

10 through multilateral or regional institutions.

11 (2) EL SALVADOR.—Funds allocated for El Sal12 vador may be used for law enforcement assistance

13 in a manner consistent with the Salvadoran Peace

14 Accords.

15 (e) NICARAGUA.—For fiscal year 1994, section 660

16 of the Foreign Assistance Act of 1961 shall not apply with

17 respect to assistance for Nicaragua.

18 SEC. 1315. WAIVER OF BROOKE AMENDMENT FOR NICA19 RAGUA.

20 Section 620(q) of the Foreign Assistance Act of 1961

21 and the corresponding section of the Foreign Operations,

22 Export Financing, and Related Programs Appropriations

23 Act, 1994, shall not apply to funds made available for fis24 cal year 1994 for any assistance for Nicaragua under the
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1 Foreign Assistance Act of 1961 or the Arms Export Con2 trol Act.

3 SEC. 1316. SPECIAL NOTIFICATION REQUIREMENTS FOR

4 GUATEMALA AND PERU.

5 Funds made available for fiscal year 1994 to carry

6 out the Foreign Assistance Act of 1961 or for the ‘‘For7 eign Military Financing Program’’ account under section

8 23 of the Arms Export Control Act may not be obligated

9 for assistance for Guatemala or Peru unless the congres10 sional committees specified in section 634A(a) of the For11 eign Assistance Act of 1961 are notified at least 15 days

12 in advance in accordance with the reprogramming proce13 dures applicable under that section.

14 SEC. 1317. ASSISTANCE FOR THE MIDDLE EAST.

15 (a) ISRAEL.—

16 (1) ECONOMIC SUPPORT FUND.—Of the

17 amounts made available for fiscal year 1994 for as18 sistance under chapter 4 of part II of the Foreign

19 Assistance Act of 1961, not less than

20 $1,200,000,000 shall be available only for Israel.

21 (2) FOREIGN MILITARY FINANCING.—(A) Of

22 the amounts made available for fiscal year 1994 for

23 assistance under the ‘‘Foreign Military Financing

24 Program’’ account under section 23 of the Arms Ex-
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1 port Control Act, not less than $1,800,000,000 shall

2 be available only for Israel.

3 (B) To the extent that the Government of Is4 rael requests that funds be used for such purposes,

5 funds made available for Israel pursuant to this

6 paragraph shall, as agreed by Israel and the United

7 States, be available for advanced fighter aircraft

8 programs or for other advanced weapons systems, as

9 follows:

10 (i) Up to $150,000,000 shall be available

11 for research and development in the United

12 States.

13 (ii) Not less than $475,000,000 shall be

14 available for the procurement in Israel of de15 fense articles and defense services, including re16 search and development.

17 (3) EARLY DISBURSEMENT.—The assistance

18 provided for Israel pursuant to paragraphs (1) and

19 (2) shall be disbursed within 30 days after the date

20 of enactment of the Foreign Operations, Export Fi21 nancing, and Related Programs Appropriations Act,

22 1994, or by October 31, 1993, whichever is later.

23 (b) EGYPT.—

24 (1) ECONOMIC SUPPORT FUND.—Of the

25 amounts made available for fiscal year 1994 for as-
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1 sistance under chapter 4 of part II of the Foreign

2 Assistance Act of 1961, not less than $815,000,000

3 shall be available only for Egypt.

4 (2) FOREIGN MILITARY FINANCING.—Of the

5 amounts made available for fiscal year 1994 for as6 sistance under the ‘‘Foreign Military Financing Pro7 gram’’ account under section 23 of the Arms Export

8 Control Act, not less than $1,300,000,000 shall be

9 available only for Egypt.

10 (c) COOPERATIVE DEVELOPMENT PROJECTS.—Of

11 the amounts made available for fiscal year 1994 to carry

12 out chapter 4 of part II of the Foreign Assistance Act

13 of 1961 (relating to the economic support fund), not less

14 than $10,000,000 shall be available only for cooperative

15 projects among the United States, Israel, and developing

16 countries, including projects under the Cooperative Devel17 opment Program, cooperative development research

18 projects, and cooperative projects among the United

19 States and Israel and the countries of Eastern Europe,

20 the Baltic states, and the independent states of the former

21 Soviet Union.

22 (d) MIDDLE EAST REGIONAL COOPERATIVE PRO23 GRAMS.—Of the amounts made available for fiscal year

24 1994 to carry out chapter 4 of part II of the Foreign As25 sistance Act of 1961 (relating to the economic support
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1 fund), not less than $7,000,000 shall be available only for

2 Middle East regional cooperative programs carried out in

3 accordance with section 202(c) of the International Secu4 rity and Development Cooperation Act of 1985.

5 SEC. 1318. MILITARY DRAWDOWN FOR ISRAEL.

6 Section 599B(a) of the Foreign Operations, Export

7 Financing, and Related Programs Appropriations Act,

8 1991, is amended by inserting ‘‘and fiscal year 1994’’

9 after ‘‘fiscal year 1993’’.

10 TITLE XIV—PROVISIONS

11 RELATING TO ARMS TRANSFERS

12 SEC. 1401. COMPETITIVE PRICING FOR SALES OF DEFENSE

13 ARTICLES AND SERVICES.

14 (a) COSTING BASIS.—Section 22 of the Arms Export

15 Control Act is amended by adding at the end the following:

16 ‘‘(d) COMPETITIVE PRICING.—Procurement con17 tracts made in implementation of sales under this section

18 for defense articles and defense services wholly paid from

19 funds made available on a nonrepayable basis shall be

20 priced on the same costing basis with regard to profit,

21 overhead, independent research and development, bid and

22 proposal, and other costing elements, as is applicable to

23 procurements of like items purchased by the Department

24 of Defense for its own use.’’.
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1 (b) EFFECTIVE DATE AND IMPLEMENTING REGULA2 TIONS.—The amendment made by subsection (a)—

3 (1) shall be effective as of the 60th day follow4 ing the date of the enactment of this section;

5 (2) shall be applicable only to contracts made in

6 implementation of sales made after such effective

7 date; and

8 (3) shall be implemented by revised procure9 ment regulations, which shall be issued prior to such

10 effective date.

11 SEC. 1402. INCREASE IN AGGREGATE CEILING ON TRANS12 FERS OF EXCESS DEFENSE ARTICLES.

13 Effective October 1, 1993, section 31(d) of the Arms

14 Export Control Act is amended by striking

15 ‘‘$250,000,000’’ and inserting ‘‘$375,000,000’’.

16 SEC. 1403. ELIGIBILITY OF EAST EUROPEAN COUNTRIES TO

17 RECEIVE NONLETHAL EXCESS DEFENSE AR18 TICLES.

19 (a) IN GENERAL.—Section 519(a) of the Foreign As20 sistance Act of 1961 is amended by inserting ‘‘or to any

21 East European country (as defined in section 3 of the

22 Support for East European Democracy (SEED) Act of

23 1989) other than an East European country that is pro24 hibited from receiving assistance under that Act,’’ after

25 ‘‘in which the transfer is authorized’’.
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1 (b) CONFORMING AMENDMENT.—Section 906(a) of

2 the Freedom for Russia and Emerging Eurasian Democ3 racies and Open Markets Support Act of 1992 is amend4 ed—

5 (1) by striking paragraph (2);

6 (2) by striking ‘‘eligible—’’ through ‘‘(1) to

7 purchase’’ and inserting ‘‘eligible to purchase’’;

8 (3) by redesignating subparagraphs (A) and

9 (B) as paragraphs (1) and (2), respectively; and

10 (4) by striking ‘‘; and’’ at the end of paragraph

11 (1), as so redesignated, and inserting a period.

12 SEC. 1404. EXCEPTION TO PAYMENT OF FULL COST FOR

13 SALES OF DEFENSE TRAINING SERVICES TO

14 CERTAIN COUNTRIES AND INTERNATIONAL

15 ORGANIZATIONS.

16 Section 21(a) of the Arms Export Control Act is

17 amended—

18 (1) in paragraph (1)(C)—

19 (A) by inserting ‘‘(i)’’ after ‘‘sold to’’,

20 (B) by inserting ‘‘or (ii) to a purchaser de21 scribed in paragraph (3)’’ after ‘‘Act of 1961’’,

22 and

23 (C) by striking ‘‘such assistance’’ and in24 serting ‘‘such training’’; and

25 (2) by adding after paragraph (2) the following:
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1 ‘‘(3) Clause (ii) of paragraph (1)(C) applies in the

2 case of a purchaser of training under this section if the

3 President notifies the Committee on Appropriations, the

4 Committee on Armed Services, and the Committee on For5 eign Relations of the Senate and the Committee on Appro6 priations, the Committee on Armed Services, and the

7 Committee on Foreign Affairs of the House of Representa8 tives, in accordance with the regular notification proce9 dures of those committees, at least 15 days before issuing

10 a letter of offer to sell such training. Such notification

11 shall include a description of any reciprocal benefits that

12 the United States Government will receive in exchange for

13 the sale of such training on less than a full cost basis.’’.

14 SEC. 1405. ELIGIBILITY OF MAJOR NON-NATO ALLIES TO

15 RECEIVE CERTAIN CONTRACT SERVICES IN

16 CONNECTION WITH SALES OF DEFENSE ARTI17 CLES AND SERVICES.

18 (a) AUTHORIZATION.—Section 21(h) of the Arms Ex19 port Control Act is amended—

20 (1) in paragraph (1)(A), by inserting ‘‘or which

21 is a major non-NATO ally’’ after ‘‘Treaty Organiza22 tion’’;

23 (2) in paragraph (2), by striking ‘‘if that Orga24 nization or member government’’ and inserting ‘‘or
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1 to any major non-NATO ally, if that Organization,

2 member government, or major non-NATO ally’’; and

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

4 paragraph:

5 ‘‘(3) As used in this subsection, the term ‘major non6 NATO ally’ has the meaning given such term in section

7 2350a(i)(3) of title 10, United States Code.’’.

8 (b) EFFECTIVE DATE.—Notwithstanding section

9 21(h)(1) of that Act, the amendment made by subsection

10 (a)(1) applies with respect to contracts and subcontracts

11 entered into after the date of enactment of this Act.

12 SEC. 1406. ADDITIONS TO WAR RESERVE STOCKPILES FOR

13 ALLIES.

14 Section 514(b)(2) of the Foreign Assistance Act of

15 1961 is amended by adding at the end the following: ‘‘Ex16 cept as provided in the last two sentences of this para17 graph, the value of such additions to stockpiles in foreign

18 countries in fiscal year 1994 shall not exceed $72,000,000,

19 which shall be for stockpiles in the Republic of Korea. In

20 addition, to the extent that the authority of the first sen21 tence of this paragraph has not been exercised with re22 spect to Israel in fiscal year 1993, that authority may be

23 exercised during fiscal year 1994 except that the aggre24 gate value of such additions for Israel in both such fiscal

25 years may not exceed $200,000,000. Defense articles hav-
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1 ing an aggregate value of not to exceed $20,000,000 may

2 be added to stockpiles in Thailand in fiscal years 1993

3 and 1994.’’.

4 TITLE XV—OTHER FOREIGN

5 ASSISTANCE PROVISIONS

6 SEC. 1501. INTEREST ACCRUING TO NONGOVERNMENTAL

7 ORGANIZATIONS.

8 (a) IN GENERAL.—Chapter 1 of part III of the For9 eign Assistance Act of 1961 is amended by inserting after

10 section 617 the following:

11 ‘‘SEC. 618. INTEREST ACCRUING TO NONGOVERNMENTAL

12 ORGANIZATIONS.

13 ‘‘A nongovernmental organization may place in an in14 terest bearing account—

15 ‘‘(1) funds made available on a grant basis

16 under part I of this Act or under the Support for

17 East European Democracy (SEED) Act of 1989;

18 and

19 ‘‘(2) local currencies which accrue to that orga20 nization as a result of grant assistance provided

21 under part I of this Act or assistance under titles I

22 through III of the Agricultural Trade Development

23 and Assistance Act of 1954, section 416(b) of the

24 Agricultural Act of 1949, or the Food for Progress

25 Act of 1985.
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1 Any interest so earned may be retained by the nongovern2 mental organization and used for the purpose for which

3 the assistance was provided to that organization.’’.

4 (b) EFFECTIVE DATE.—The amendment made by

5 this section applies to both interest earned before and in6 terest earned after the date of enactment of this Act.

7 SEC. 1502. PRIVATE SECTOR REVOLVING FUND.

8 Section 108 of the Foreign Assistance Act of 1961

9 is amended by adding at the end the following:

10 ‘‘(j) TERMINATION OF AUTHORITY.—After the date

11 of enactment of this subsection, loans may not be made,

12 loan guarantees may not be issued, previously issued guar13 antees may not be renewed or otherwise extended, and as14 sistance may not otherwise be provided under the author15 ity of this section.’’.

16 SEC. 1503. DEVELOPMENT ASSISTANCE THROUGH NON17 GOVERNMENTAL ORGANIZATIONS.

18 Chapter 1 of part III of the Foreign Assistance Act

19 of 1961 is amended by inserting before section 620 the

20 following:

21 ‘‘SEC. 619. ASSISTANCE THROUGH NONGOVERNMENTAL OR22 GANIZATIONS.

23 ‘‘(a) DEVELOPMENT ASSISTANCE.—Restrictions con24 tained in this or any other Act with respect to assistance

25 for a country shall not restrict assistance in support of
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1 programs of nongovernmental organizations that is pro2 vided under chapter 1 or chapter 10 of part I of this Act.

3 The President shall take into consideration, in any case

4 in which a restriction on assistance would be applicable

5 but for this section, whether assistance in support of pro6 grams of nongovernmental organizations is in the national

7 interest of the United States.

8 ‘‘(b) NOTICE TO CONGRESS.—Before using the au9 thority of this section to furnish assistance in support of

10 programs of nongovernmental organizations, the President

11 shall notify the congressional committees specified in sec12 tion 634A(a) of this Act in accordance with the procedures

13 applicable to reprogramming notifications under that sec14 tion. Such notice shall include a description of the pro15 gram to be assisted, the assistance to be provided, and

16 the reasons for furnishing such assistance.

17 ‘‘(c) EXCEPTIONS.—This section shall not apply with

18 respect to—

19 ‘‘(1) section 620A of this Act or any com20 parable provision of law prohibiting assistance to

21 countries that support international terrorism; or

22 ‘‘(2) section 116 of this Act or any comparable

23 provision of law prohibiting assistance to countries

24 that violate internationally recognized human rights.
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1 ‘‘(d) ABORTION AND INVOLUNTARY STERILIZATION

2 PROHIBITIONS.—Nothing in this section alters any statu3 tory prohibition against funding for abortion or involun4 tary sterilizations.’’.

5 SEC. 1504. IMPACT OF FOREIGN ASSISTANCE PROGRAMS

6 ON JOBS IN THE UNITED STATES.

7 Funds authorized to be appropriated by this Act for

8 foreign assistance programs for fiscal year 1994 may not

9 be obligated or expended to provide—

10 (1) any financial incentive to a business enter11 prise located in the United States for the purpose of

12 inducing that enterprise to relocate outside the Unit13 ed States if such incentive or inducement is likely to

14 reduce the number of individuals employed in the

15 United States by that enterprise because that enter16 prise would replace production in the United States

17 with production outside the United States;

18 (2) assistance for the purpose of establishing or

19 developing in a foreign country any export process20 ing zone or designated area in which the tax, tariff,

21 labor, environment, and safety laws of that country

22 do not apply, in part or in whole, to activities car23 ried out within that zone or area, unless the Presi24 dent determines and certifies that such assistance is
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1 not likely to cause a loss of jobs within the United

2 States; or

3 (3) assistance for any project or activity that

4 contributes to the violation of internationally recog5 nized workers rights (as defined in section 502(a)(4)

6 of the Trade Act of 1974) of workers in the recipi7 ent country, including in any designated zone or

8 area in that country.

9 In recognition that the application of paragraph (3) should

10 be commensurate with the level of development of the re11 cipient country and sector, that paragraph does not pre12 clude assistance for the informal sector in such country,

13 for microenterprises and small-scale enterprises, or for

14 smallholder agriculture.

15 SEC. 1505. CAPITAL PROJECTS.

16 Part III of the Foreign Assistance Act of 1961 is

17 amended by inserting after section 661 the following:

18 ‘‘SEC. 662. CAPITAL PROJECTS.

19 ‘‘(a) ESTABLISHMENT OF PILOT PROGRAM.—The

20 Director of the Trade and Development Agency shall es21 tablish a capital projects pilot program to carry out the

22 purpose described in subsection (b).

23 ‘‘(b) PURPOSE OF PROGRAM.—The purpose referred

24 to in subsection (a) is to develop a program administered

25 by TDA that would focus solely on developmentally sound
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1 capital projects in developing countries and in countries

2 making the transition from a nonmarket to a market econ3 omy, taking into consideration the development needs of

4 the host country and the export opportunities for the

5 United States.

6 ‘‘(c) ACTIVITIES.—The Director, in coordination with

7 the appropriate other members of the Trade Promotion

8 Coordination Committee—

9 ‘‘(1) shall support capital projects in developing

10 countries and in countries making the transition

11 from a nonmarket to a market economy; and

12 ‘‘(2) shall periodically review infrastructure

13 needs in these countries and shall explore opportuni14 ties for United States firms in the development of

15 new capital projects in these countries, keeping both

16 United States firms and the Congress informed of

17 these reviews.

18 ‘‘(d) GUARANTEE AUTHORITY.—In addition to mak19 ing grants to carry out this section, the Director is author20 ized to issue guarantees to eligible investors (as defined

21 in section 238(c)) assuring against losses incurred in con22 nection with loans obtained by such investors to finance

23 their participation in capital projects described in sub24 section (b). A fee shall be charged for each such guarantee

25 issued in an amount to be determined by the Director.
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1 ‘‘(e) PROCUREMENT FROM THE UNITED STATES.—

2 Guarantees and other financial support provided for cap3 ital projects under this section shall be provided for pro4 curement of goods and services from the United States

5 to the maximum extent possible, consistent with the guide6 lines of the Organization for Economic Cooperation and

7 Development.

8 ‘‘(f) PROJECTS TO BE DEVELOPMENTALLY

9 SOUND.—The Director, in coordination with the appro10 priate other members of the Trade Promotion Coordina11 tion Committee shall ensure that each capital project for

12 which TDA provides financial support is developmentally

13 sound, as determined under the criteria developed by the

14 Development Assistance Committee of the Organization

15 for Economic Cooperation and Development.

16 ‘‘(g) COORDINATION.—The President shall utilize the

17 existing interagency coordinating mechanism to coordinate

18 activities under this section with other relevant activities

19 of the United States Government.

20 ‘‘(h) NONAPPLICABILITY OF OTHER PROVISIONS.—

21 Any funds used for purposes of this section may be used

22 notwithstanding any other provision of law.

23 ‘‘(i) REPORT TO CONGRESS.—Not later than 1 year

24 after the date of enactment of this section, the Director

25 shall submit to the Congress a report describing—
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1 ‘‘(1) the extent to which United States Govern2 ment resources have been expended specifically to

3 support the capitol projects described in subsection

4 (b);

5 ‘‘(2) the extent to which the activities of the

6 United States Government have been coordinated

7 pursuant to subsection (g); and

8 ‘‘(3) the feasibility of establishing a permanent

9 program modeled on the pilot program establishment

10 pursuant to this section.

11 ‘‘(j) FUNDING.—

12 ‘‘(1) IN GENERAL.—Notwithstanding the per13 centage limitations in section 610(a), the President

14 shall transfer $300,000,000 of funds specified in

15 paragraph (2) to TDA for use in carrying out this

16 section, including the cost (as defined in section

17 502(5) of the Federal Credit Reform Act of 1990)

18 of guarantees issued under subsection (d).

19 ‘‘(2) SOURCE OF FUNDS.—The funds specified

20 in this paragraph are—

21 ‘‘(A) funds made available for fiscal year

22 1994 for assistance under chapter 4 of part II

23 of this Act (relating to the economic support

24 fund), excluding funds made available pursuant

25 to subsections (a)(1), (c), and (d) of section
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1 1317 of the Foreign Assistance Authorization

2 Act of 1993;

3 ‘‘(B) funds made available for fiscal year

4 1994 for assistance under chapter 11 of part I

5 of this Act (relating to assistance for the inde6 pendent states of the former Soviet Union); and

7 ‘‘(C) funds made available for fiscal year

8 1994 for assistance under the Support for East

9 European Democracy (SEED) Act of 1989.

10 ‘‘(3) FUNDS TO BE USED TO SUPPORT CAPITAL

11 PROJECTS IN COUNTRIES FOR WHICH ORIGINAL

12 FUNDING WAS PROVIDED.—(A) Any funds described

13 in paragraph (2)(A) that are earmarked by the Con14 gress for a specific country and that are transferred

15 pursuant to paragraph (1) shall be used to support

16 capital projects in that country.

17 ‘‘(B) Any funds described in paragraph (2)(B)

18 that are transferred pursuant to paragraph (1) shall

19 be used to support capital projects in countries eligi20 ble for assistance under chapter 11 of part I of this

21 Act.

22 ‘‘(C) Any funds described in paragraph (2)(C)

23 that are transferred pursuant to paragraph (1) shall

24 be used to support capital projects in countries eligi-
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1 ble for assistance under the Support for East Euro2 pean Democracy (SEED) Act of 1989.

3 ‘‘(k) DEFINITIONS.—As used in this section—

4 ‘‘(1) the term ‘capital projects’ means a project

5 involving the construction, expansion, alteration of,

6 or the acquisition of equipment for, a physical facil7 ity or physical infrastructure, including related engi8 neering design (concept and detail) and other serv9 ices, the procurement of equipment (including any

10 related services), and feasibility studies or similar

11 engineering and economic services;

12 ‘‘(2) the term ‘Director’ means the Director of

13 TDA; and

14 ‘‘(3) the term ‘TDA’ means the Trade and

15 Development Agency.’’.

16 SEC. 1506. MICROENTERPRISE DEVELOPMENT.

17 Chapter 2 of part I of the Foreign Assistance Act

18 of 1961 is amended by adding after title V the following:

19 ‘‘TITLE VI—MICROENTERPRISE DEVELOPMENT

20 ‘‘SEC. 251. MICROENTERPRISE DEVELOPMENT.

21 ‘‘(a) CENTRALLY-MANAGED FUND.—

22 ‘‘(1) ESTABLISHMENT AND MANAGEMENT.—

23 The administrator of the agency primarily respon24 sible for administering this part shall establish with25 in the agency a centrally-managed fund to be known

26 as the Microenterprise Development Fund (herein-
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1 after in this section referred to as the ‘Fund’). The

2 Fund shall be managed by the office in that agency

3 that has primary responsibility for working with pri4 vate and voluntary organizations.

5 ‘‘(2) DISBURSEMENTS THROUGH THE FUND.—

6 All funds made available to carry out part I of this

7 Act that are used to promote microenterprise devel8 opment shall be disbursed through the Fund.

9 ‘‘(b) ACTIVITIES TO BE SUPPORTED.—The Fund

10 shall be used to support—

11 ‘‘(1) the institutional development of the enti12 ties described in subsection (c);

13 ‘‘(2) the provision of microenterprise credit

14 through the entities described in subsection (c); and

15 ‘‘(3) research on microenterprise development

16 and evaluation of microenterprise activities funded

17 under this section.

18 ‘‘(c) INTERMEDIARY ORGANIZATIONS.—Funds dis19 bursed through the Fund shall be primarily channeled

20 through—

21 ‘‘(1) United States and indigenous private and

22 voluntary organizations,

23 ‘‘(2) United States and indigenous credit union

24 organizations, and
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1 ‘‘(3) other indigenous governmental and non2 governmental organizations,

3 that have demonstrated a capacity to develop sustainable

4 microenterprise service institutions.

5 ‘‘(d) ALLOCATION OF FUNDS.—

6 ‘‘(1) MICROENTERPRISE CREDIT.—(A) Of

7 amounts disbursed through the Fund each fiscal

8 year pursuant to subsection (b)(2), at least 50 per9 cent shall be used for poverty lending. As used in

10 this paragraph, the term ‘poverty lending’ means a

11 loan of $300 or less or, in the case of an initial loan,

12 of $150 or less.

13 ‘‘(B) The administrator of the agency primarily

14 responsible for administering this part shall seek to

15 ensure that not less than 60 percent of the borrow16 ers of funds disbursed through the Fund pursuant

17 to subsection (b)(2) are women.

18 ‘‘(2) RESEARCH AND EVALUATION.—Not more

19 than 5 percent of funds disbursed through the Fund

20 each fiscal year may be used for research and eval21 uation activities under subsection (b)(3).’’.

22 SEC. 1507. REPORT ON AID’S IMPLEMENTATION OF AGENDA

23 21 PRINCIPLES.

24 Not later than 2 years after the date of enactment

25 of this Act, the administrator of the agency primarily re-
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1 sponsible for administering part I of the Foreign Assist2 ance Act of 1961 shall submit to the Congress a report

3 on the incorporation of the Agenda 21 principles of the

4 United Nations Conference on Environment and Develop5 ment into the foreign assistance activities administered by

6 that agency.

7 SEC. 1508. AUTHORITY TO PROVIDE RECONSTRUCTION AS8 SISTANCE UNDER INTERNATIONAL DISASTER

9 ASSISTANCE.

10 Section 491(b) of the Foreign Assistance Act of 1961

11 is amended by striking ‘‘disaster relief and rehabilitation’’

12 and inserting ‘‘disaster relief, rehabilitation, and recon13 struction’’.

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