H. R. 2333

One Hundred Third Congress

of the

United States of America

AT THE SECOND SESSION

Begun and held at the City of Washington on Tuesday,

the twenty-fifth day of January, one thousand nine hundred and ninety-four

An Act

To authorize appropriations for the Department of State, the United States Information Agency, and related agencies, and for other purposes.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘‘Foreign Relations Authorization

Act, Fiscal Years 1994 and 1995’’.

SEC. 2. TABLE OF CONTENTS.

The table of contents for this Act is as follows:

Sec. 1. Short title.

Sec. 2. Table of contents.

TITLE I—DEPARTMENT OF STATE AND RELATED AGENCIES

PART A—AUTHORIZATION OF APPROPRIATIONS

Sec. 101. Administration of foreign affairs. Sec. 102. International organizations, programs, and conferences.

Sec. 103. International commissions.

Sec. 104. Migration and refugee assistance.

Sec. 105. Other programs. Sec. 106. United States Arms Control and Disarmament Agency.

PART B—AUTHORITIES AND ACTIVITIES

Sec. 121. Authorized strength of the Foreign Service.

Sec. 122. Transfers and reprogrammings.

Sec. 123. Expenses relating to certain international claims and proceedings. Sec. 124. Child care facilities at certain posts abroad.

Sec. 125. Emergencies in the diplomatic and consular service.

Sec. 126. Role of the National Foreign Affairs Training Center.

Sec. 127. Consular authorities.

Sec. 128. Report on consolidation of administrative operations.

Sec. 129. Facilitating access to the Department of State building.

Sec. 130. Report on safety and security of United States personnel in Sarajevo.

Sec. 131. Passport security.

Sec. 132. Record of place of birth for Taiwanese-Americans.

Sec. 133. Terrorism rewards and reports.

Sec. 134. Property agreements.

Sec. 135. Capital investment fund.

Sec. 136. Fees for commercial services.

Sec. 137. Personal services contracts abroad.

Sec. 138. Publishing international agreements.

Sec. 139. Repeal of reporting requirements.

Sec. 140. Visas.

Sec. 141. Local guard contracts abroad.

Sec. 142. Women’s human rights protection.

PART C—DEPARTMENT OF STATE ORGANIZATION

Sec. 161. Organization of the Department of State.

Sec. 162. Technical and conforming amendments.

Sec. 163. Director General of the Foreign Service.
H. R. 2333—2

Sec. 164. Administrative expenses.

PART D—PERSONNEL

SUBPART 1—GENERAL PROVISIONS

Sec. 171. Labor-management relations.

Sec. 172. Waiver of limitation for certain claims for personal property damage or

loss.

Sec. 173. Senior Foreign Service performance pay.

Sec. 174. Reassignment and retirement of former presidential appointees.

Sec. 175. Report on classification of Senior Foreign Service positions.

Sec. 176. Allowances.

Sec. 177. Grievances.

Sec. 178. Mid-level women and minority placement program.

Sec. 179. Employment assistance referral system for certain members of the Foreign Service.

Sec. 180. United States citizens hired abroad.

Sec. 181. Reduction in force authority with regard to certain members of the Foreign Service.

Sec. 182. Restoration of withheld benefits.

SUBPART 2—FOREIGN LANGUAGE COMPETENCE WITHIN THE FOREIGN SERVICE

Sec. 191. Foreign language competence within the Foreign Service.

Sec. 192. Designation of Foreign Language Resources Coordinator.

Sec. 193. Foreign language services.

TITLE II—UNITED STATES INFORMATIONAL, EDUCATIONAL, AND

CULTURAL PROGRAMS

PART A—AUTHORIZATION OF APPROPRIATIONS

Sec. 201. Authorization of appropriations.

PART B—USIA AND RELATED AGENCIES AUTHORITIES AND ACTIVITIES

Sec. 221. USIA office in Lhasa, Tibet.

Sec. 222. Changes in administrative authorities.

Sec. 223. Employment authority.

Sec. 224. Buying power maintenance account.

Sec. 225. Contract authority.

Sec. 226. United States transmitter in Kuwait.

Sec. 227. Fulbright-Hays Act Authorities.

Sec. 228. Separate ledger accounts for NED grantees.

Sec. 229. Coordination of United States exchange programs.

Sec. 230. Limitation concerning participation in international expositions.

Sec. 231. Private sector opportunities.

Sec. 232. Authority to respond to public inquiries.

Sec. 233. Technical amendment relating to Near and Middle East research and

training.

Sec. 234. Distribution within the United States of certain materials of the United

States Information Agency.

Sec. 235. American studies collections.

Sec. 236. Educational and cultural exchanges with Tibet.

Sec. 237. Scholarships for East Timorese students.

Sec. 238. Cambodian scholarship and exchange programs.

Sec. 239. Increasing African participation in USIA exchange programs.

Sec. 240. Environment and sustainable development exchange program.

Sec. 241. South Pacific exchange programs.

Sec. 242. International exchange programs involving disability related matters.

PART C—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 Fellows on detail from Government service.

Sec. 256. Liability for repayments.

Sec. 257. Definitions.

TITLE III—UNITED STATES INTERNATIONAL BROADCASTING ACT

Sec. 301. Short title.

Sec. 302. Congressional findings and declaration of purposes.

Sec. 303. Standards and principles.
H. R. 2333—3

Sec. 304. Establishment of broadcasting Board of Governors. Sec. 305. Authorities of the Board.

Sec. 306. Foreign policy guidance. Sec. 307. International Broadcasting Bureau. Sec. 308. Limits on grants for Radio Free Europe and Radio Liberty. Sec. 309. Radio Free Asia.

Sec. 310. Transition.

Sec. 311. Preservation of American jobs. Sec. 312. Privatization of Radio Free Europe and Radio Liberty. Sec. 313. Requirement for authorization of appropriations. Sec. 314. Definitions.

Sec. 315. Technical and conforming amendments.

TITLE IV—INTERNATIONAL ORGANIZATIONS

PART A—UNITED NATIONS REFORM AND PEACEKEEPING OPERATIONS

Sec. 401. United Nations Office of Inspector General. Sec. 402. United States participation in management of the United Nations. Sec. 403. Sense of the Senate on Department of Defense funding for United Nations

peacekeeping operations. Sec. 404. Assessed contributions for United Nations peacekeeping operations. Sec. 405. United States personnel taken prisoner while serving in multinational

forces.

Sec. 406. Transmittals of certain United Nations documents.

Sec. 407. Consultations and reports. Sec. 408. Transfers of excess defense articles for international peacekeeping operations.

Sec. 409. Reform in budget decisionmaking procedures of the United Nations and

its specialized agencies. Sec. 410. Limitation on contributions to the United Nations and affiliated organizations.

Sec. 411. United Nations Security Council membership. Sec. 412. Reforms in the World Health Organization. Sec. 413. Reforms in the Food and Agriculture Organization. Sec. 414. Sense of Congress regarding adherence to United Nations Charter. Sec. 415. Designated congressional committees.

PART B—GENERAL PROVISIONS AND OTHER INTERNATIONAL ORGANIZATIONS

Sec. 421. Agreement on State and local taxation. Sec. 422. Conference on Security and Cooperation in Europe. Sec. 423. International Boundary and Water Commission. Sec. 424. United States membership in the Asian-Pacific Economic Cooperation Organization. Sec. 425. United States membership in the International Copper Study Group. Sec. 426. Extension of the International Organizations Immunities Act to the International Union for Conservation of Nature and Natural Resources.

Sec. 427. Inter-American organizations. Sec. 428. Prohibition on contributions to the International Coffee Organization. Sec. 429. Prohibition on contributions to the International Jute Organization. Sec. 430. Migration and refugee amendments. Sec. 431. Withholding of United States contributions for certain programs of international organizations.

TITLE V—FOREIGN POLICY

PART A—GENERAL PROVISIONS

Sec. 501. United States policy concerning overseas assistance to refugees and displaced persons. Sec. 502. Interparliamentary exchanges. Sec. 503. Food as a human right. Sec. 504. Transparency in armaments. Sec. 505. Sense of the Senate concerning Inspector General Act. Sec. 506. Torture convention implementation. Sec. 507. United States policy concerning Iraq. Sec. 508. High-level visits to Taiwan.

Sec. 509. Transfer of certain obsolete or surplus defense articles in the War Reserve Allies Stockpile to the Republic of Korea.

Sec. 510. Extension of the Fair Trade in Auto Parts Act of 1988.

Sec. 511. Report on the use of foreign frozen or blocked assets.

Sec. 512. Extension of certain adjudication provisions.

Sec. 513. Policy regarding the conditions which the Government of the People’s Republic of China should meet to continue to receive nondiscriminatory

most-favored-nation treatment.
H. R. 2333—4

Sec. 514. Implementation of Partnership for Peace.

Sec. 515. Policy toward Thailand, Cambodia, Laos, and Burma.

Sec. 516. Peace process in Northern Ireland.

Sec. 517. Policy with respect to the establishment of an international criminal

court.

Sec. 518. International criminal court participation.

Sec. 519. Protection of first and fourth amendment rights.

Sec. 520. Policy on termination of United States arms embargo.

Sec. 521. Sense of Senate on relations with Vietnam.

Sec. 522. Report on sanctions on Vietnam.

Sec. 523. Report on People’s Mujaheddin of Iran.

Sec. 524. Amendments to the PLO Commitments Compliance Act.

Sec. 525. Free trade in ideas.

Sec. 526. Embargo against Cuba.

Sec. 527. Expropriation of United States property.

Sec. 528. Report on Russian military operations in the independent states of the

former Soviet Union.

Sec. 529. United States policy on North Korea.

Sec. 530. Enforcement of nonproliferation treaties.

Sec. 531. Taiwan.

Sec. 532. Waiver of sanctions with respect to the Federal Republic of Yugoslavia to

promote democracy abroad.

Sec. 533. Freedom of information exemption for certain Open Skies Treaty data.

Sec. 534. Effectiveness of democracy programs.

Sec. 535. Sense of Congress concerning United States citizens victimized by Germany during World War II.

Sec. 536. Reporting requirements on occupied Tibet.

PART B—SPOILS OF WAR ACT

Sec. 551. Short title.

Sec. 552. Transfers of spoils of war.

Sec. 553. Prohibition on transfers to countries which support terrorism.

Sec. 554. Report on previous transfers.

Sec. 555. Definitions.

Sec. 556. Construction.

PART C—ANTI-ECONOMIC DISCRIMINATION ACT

Sec. 561. Short title.

Sec. 562. Israel’s diplomatic status.

Sec. 563. Policy on Middle East arms sales.

Sec. 564. Prohibition on certain sales and leases.

Sec. 565. Prohibition on discriminatory contracts.

PART D—THE CAMBODIAN GENOCIDE JUSTICE ACT

Sec. 571. Short title.

Sec. 572. Policy.

Sec. 573. Establishment of State Department Office.

Sec. 574. Reporting requirement.

PART E—MIDDLE EAST PEACE FACILITATION

Sec. 581. Short title.

Sec. 582. Findings.

Sec. 583. Authority to suspend certain provisions.

TITLE VI—PEACE CORPS

Sec. 601. Authorization of appropriations.

Sec. 602. Amendments to the Peace Corps Act.

TITLE VII—ARMS CONTROL

PART A—ARMS CONTROL AND NONPROLIFERATION ACT OF 1994

Sec. 701. Short title; references in part; table of contents.

Sec. 702. Congressional declarations; purpose.

Sec. 703. Purposes.

Sec. 704. Repeals.

Sec. 705. Director.

Sec. 706. Bureaus, offices, and divisions.

Sec. 707. Scientific and Policy Advisory Committee.

Sec. 708. Presidential Special Representatives.

Sec. 709. Policy formulation.
H. R. 2333—5

Sec. 710. Negotiation management.

Sec. 711. Report on measures to coordinate research and development.

Sec. 712. Verification of compliance.

Sec. 713. Negotiating records.

Sec. 714. Authorities with respect to nonproliferation matters.

Sec. 715. Appointment and compensation of personnel.

Sec. 716. Security requirements.

Sec. 717. Reports.

Sec. 718. Funding.

Sec. 719. Conforming amendments.

PART B—AMENDMENTS TO THE ARMS EXPORT CONTROL ACT

Sec. 731. Limitation on authority to transfer excess defense articles.

Sec. 732. Reports under the Arms Export Control Act.

Sec. 733. Prohibition on incentive payments under the Arms Export Control Act.

Sec. 734. Missile technology exports to certain Middle Eastern and Asian countries.

Sec. 735. Notification of Congress on certain events involving the Missile Technology Control Regime (MTCR).

Sec. 736. Control of reexports to terrorist countries.

TITLE VIII—NUCLEAR PROLIFERATION PREVENTION ACT

Sec. 801. Short title.

PART A—REPORTING ON NUCLEAR EXPORTS

Sec. 811. Reports to Congress.

PART B—SANCTIONS FOR NUCLEAR PROLIFERATION

Sec. 821. Imposition of sanction procurement on persons engaging in export activities that contribute to proliferation.

Sec. 822. Eligibility for assistance.

Sec. 823. Role of international financial institutions.

Sec. 824. Prohibition on assisting nuclear proliferation through the provision of financing.

Sec. 825. Export-Import Bank.

Sec. 826. Amendment to the Arms Export Control Act.

Sec. 827. Reward.

Sec. 828. Reports.

Sec. 829. Technical correction.

Sec. 830. Definitions.

Sec. 831. Effective date.

PART C—INTERNATIONAL ATOMIC ENERGY AGENCY

Sec. 841. Bilateral and multilateral initiatives.

Sec. 842. IAEA internal reforms.

Sec. 843. Reporting requirement.

Sec. 844. Definitions.

PART D—TERMINATION

Sec. 851. Termination upon enactment of next Foreign Relations Act.

TITLE IX—COMMISSION ON PROTECTING AND REDUCING GOVERNMENT

SECRECY

Sec. 901. Short title.

Sec. 902. Findings.

Sec. 903. Purpose.

Sec. 904. Composition of the Commission.

Sec. 905. Functions of the Commission.

Sec. 906. Powers of the Commission.

Sec. 907. Staff of the Commission.

Sec. 908. Compensation and travel expenses.

Sec. 909. Security clearances for Commission members and staff.

Sec. 910. Final report of Commission; termination.
H. R. 2333—6

TITLE I—DEPARTMENT OF STATE AND

RELATED AGENCIES

PART A—AUTHORIZATION OF

APPROPRIATIONS

SEC. 101. ADMINISTRATION OF FOREIGN AFFAIRS.

(a) IN GENERAL.—The following amounts are authorized to

be appropriated for the Department of State under ‘‘Administration

of Foreign Affairs’’ to carry out the authorities, functions, duties,

and responsibilities in the conduct of the foreign affairs of the

United States and for other purposes authorized by law, including

the diplomatic security program:

(1) DIPLOMATIC AND CONSULAR PROGRAMS.—For ‘‘Diplomatic and Consular Programs’’, of the Department of State

$1,704,589,000 for the fiscal year 1994 and $1,781,139,000 for

the fiscal year 1995.

(2) SALARIES AND EXPENSES.—For ‘‘Salaries and Expenses’’,

of the Department of State $396,722,000 for the fiscal year

1994 and $391,373,000 for the fiscal year 1995.

(3) ACQUISITION AND MAINTENANCE OF BUILDINGS

ABROAD.—For ‘‘Acquisition and Maintenance of Buildings

Abroad’’, $381,481,000 for the fiscal year 1994 and $309,760,000

for the fiscal year 1995.

(4) REPRESENTATION ALLOWANCES.—For ‘‘Representation

Allowances’’, $4,780,000 for the fiscal year 1994 and $4,780,000

for the fiscal year 1995.

(5) EMERGENCIES IN THE DIPLOMATIC AND CONSULAR SERVICE.—For ‘‘Emergencies in the Diplomatic and Consular Service’’, $7,805,000 for the fiscal 1994 and $6,500,000 for the

fiscal year 1995.

(6) OFFICE OF THE INSPECTOR GENERAL.—For ‘‘Office of

the Inspector General’’, $23,469,000 for the fiscal year 1994

and $23,798,000 for the fiscal year 1995.

(7) PAYMENT TO THE AMERICAN INSTITUTE IN TAIWAN.—

For ‘‘Payment to the American Institute in Taiwan’’,

$15,165,000 for the fiscal year 1994 and $15,465,000 for the

fiscal year 1995.

(8) PROTECTION OF FOREIGN MISSIONS AND OFFICIALS.—For

‘‘Protection of Foreign Missions and Officials’’, $10,551,000 for

the fiscal year 1994 and $10,079,000 for the fiscal year 1995.

(9) REPATRIATION LOANS.—For ‘‘Repatriation Loans’’,

$776,000 for the fiscal year 1994 and $776,000 for the fiscal

year 1995, for administrative expenses.

(b) LIMITATIONS.—

(1) Of the amounts authorized to be appropriated for ‘‘Salaries and Expenses’’ under subsection (a)(2) $500,000 is authorized to be appropriated for the fiscal year 1994 and $500,000

for the fiscal year 1995 for the Department of State for the

recruitment of Hispanic American students from United States

institutions of higher education with a high percentage enrollment of Hispanic Americans and for the training of Hispanic

Americans for careers in the Foreign Service and in international affairs.
H. R. 2333—7

(2) Of the amounts authorized to be appropriated for ‘‘Diplomatic and Consular Programs’’ under subsection (a)(1)—

(A) $5,000,000 is authorized to be appropriated for

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

and other activities to conduct research and promote international cooperation on environmental and other scientific

issues;

(B) $11,500,000 is authorized to be available for fiscal

year 1994 and $11,900,000 is authorized to be available

for fiscal year 1995, only for administrative expenses of

the bureau charged with carrying out the purposes of the

Migration and Refugee Assistance Act of 1962;

(C) $700,000 is authorized to be appropriated for each

of the fiscal years 1994 and 1995 to carry out the activities

of the Commission on Protecting and Reducing Government

Secrecy established under title IX of this Act and such

amounts under this subparagraph are authorized to remain

available until expended; and

(D) $400,000 is authorized to be appropriated for each

of the fiscal years 1994 and 1995 to carry out the activities

of the Office of Cambodian Genocide Investigations established under title 5 of this Act.

(E) $2,000,000 is authorized to be appropriated for

fiscal year 1995 for computer upgrades for the Bureau

of Intelligence and Research.

(3) Of the amounts authorized to be appropriated for

‘‘Acquisition and Maintenance of Buildings Abroad’’ under subsection (a)(3), $95,904,000 is authorized to be appropriated

for the fiscal year 1994 and $114,825,000 is authorized to

be appropriated for the fiscal year 1995 for Maintenance of

Buildings and Facility Rehabilitation.

(4) Of the amounts authorized to be appropriated for

‘‘Protection of Foreign Missions and Officials’’ in subsection

(a)(8)—

(A) $940,000 is authorized to be available to reimburse

the City of Seattle and the State of Washington for security

costs associated with the Asian Pacific Economic Cooperation conference held in Seattle in November 1993, on a

one-time-only basis, and for purposes of obligation and

expenditure of amounts under this subparagraph under

Public Law 103–121 as reimbursement for extraordinary

protective services under section 208 of title 3, United

States Code, the limitations of section 202(10) of title 3,

United States Code (concerning 20 or more consulates),

shall not apply; and

(B) $1,000,000 is authorized to be available for fiscal

year 1995 to reimburse State and local government agencies for security costs associated with the Western Hemisphere summit scheduled to be held in Miami, Florida

in December 1994.

(c) REPEAL.—Effective October 1, 1995, section 401(a)(3) of the

Omnibus Diplomatic Security and Antiterrorism Act of 1986 (Public

Law 99–399) is repealed.
H. R. 2333—8

SEC. 102. INTERNATIONAL ORGANIZATIONS, PROGRAMS, AND CONFERENCES.

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

to International Organizations’’, $865,885,000 for the fiscal year

1994 and $873,222,000 for the fiscal year 1995 for the Department

of State to carry out the authorities, functions, duties, and responsibilities in the conduct of the foreign affairs of the United States

with respect to international organizations and to carry out other

authorities in law consistent with such purposes. (b) ASSESSED CONTRIBUTIONS FOR INTERNATIONAL PEACEKEEP- ING ACTIVITIES.—There are authorized to be appropriated for ‘‘Contributions for International Peacekeeping Activities’’, $401,607,000

for the fiscal year 1994 and $510,204,000 for the fiscal year 1995

for the Department of State to carry out the authorities, functions,

duties, and responsibilities in the conduct of the foreign affairs

of the United States with respect to international peacekeeping

activities and to carry out other authorities in law consistent with

such purposes. (c) PEACEKEEPING OPERATIONS.—There are authorized to be

appropriated for ‘‘Peacekeeping Operations’’, $75,623,000 for the

fiscal year 1994 and $75,000,000 for the fiscal year 1995 for the

Department of State to carry out section 551 of Public Law 87–

195.

(d) SUPPLEMENTAL PEACEKEEPING.—In addition to amounts

authorized to be appropriated for such purpose by subsection (b),

there are authorized to be appropriated $670,000,000 for ‘‘Assessed

Contributions for International Peacekeeping Activities’’ for the

period beginning on the date of enactment of this Act and ending

September 30, 1995.

(e) INTERNATIONAL CONFERENCES AND CONTINGENCIES.—There

are authorized to be appropriated for ‘‘International Conferences

and Contingencies’’, $6,000,000 for the fiscal year 1994 and

$6,000,000 for the fiscal year 1995 for the Department of State

to carry out the authorities, functions, duties, and responsibilities

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

respect to international conferences and contingencies and to carry

out other authorities in law consistent with such purposes.

(f) FOREIGN CURRENCY EXCHANGE RATES.—In addition to

amounts otherwise authorized to be appropriated by subsections

(a) and (b) of this section, there are authorized to be appropriated

such sums as may be necessary for each of the fiscal years 1994

and 1995 to offset adverse fluctuations in foreign currency exchange

rates. Amounts appropriated under this subsection shall be available for obligation and expenditure only to the extent that the

Director of the Office of Management and Budget determines and

certifies to Congress that such amounts are necessary due to such

fluctuations.

(g) WITHHOLDING OF FUNDS.—Notwithstanding any other provision of law, the funds authorized to be appropriated for ‘‘Contributions for International Organizations’’ shall be reduced in the

amount of $118,875,000 for each of the fiscal years 1994 and 1995,

and for each year thereafter, unless the President certifies to the

Speaker of the House of Representatives and the President of

the Senate that no United States agency or United Nations affiliated

agency grants any official status, accreditation, or recognition to

any organization which promotes, condones, or seeks the legaliza-
H. R. 2333—9

tion of pedophilia, or which includes as a subsidiary or member

any such organization.

SEC. 103. INTERNATIONAL COMMISSIONS.

The following amounts are authorized to be appropriated under

‘‘International Commissions’’ for the Department of State to carry

out the authorities, functions, duties, and responsibilities in the

conduct of the foreign affairs of the United States and for other

purposes authorized by law:

(1) INTERNATIONAL BOUNDARY AND WATER COMMISSION,

UNITED STATES AND MEXICO.—For ‘‘International Boundary and

Water Commission, United States and Mexico’’—

(A) for ‘‘Salaries and Expenses’’ $11,200,000 for the

fiscal year 1994 and $15,358,000 for the fiscal year 1995;

and

(B) for ‘‘Construction’’ $14,400,000 for the fiscal year

1994 and $10,398,000 for the fiscal year 1995.

(2) INTERNATIONAL BOUNDARY COMMISSION, UNITED STATES

AND CANADA.—For ‘‘International Boundary Commission,

United States and Canada’’, $740,000 for the fiscal year 1994

and $740,000 for the fiscal year 1995.

(3) INTERNATIONAL JOINT COMMISSION.—For ‘‘International

Joint Commission’’, $3,550,000 for the fiscal year 1994 and

$3,550,000 for the fiscal year 1995.

(4) INTERNATIONAL FISHERIES COMMISSIONS.—For ‘‘International Fisheries Commissions’’, $16,200,000 for the fiscal year

1994 and $14,669,000 for the fiscal year 1995.

SEC. 104. MIGRATION AND REFUGEE ASSISTANCE.

(a) AUTHORIZATION OF APPROPRIATIONS.— (1) There are authorized to be appropriated for ‘‘Migration

and Refugee Assistance’’ for authorized activities, $589,188,000

for the fiscal year 1994 and $592,000,000 for the fiscal year

1995.

(2) There are authorized to be appropriated $80,000,000

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

1995 for assistance for refugees resettling in Israel. (3) There are authorized to be appropriated $1,500,000

for the fiscal year 1994 and $1,500,000 for the fiscal year

1995 for humanitarian assistance, including but not limited

to, food, medicine, clothing, and medical and vocational training

to persons displaced as a result of civil conflict in Burma,

including persons still within Burma.

(b) AVAILABILITY OF FUNDS.—Funds appropriated pursuant to

subsection (a) are authorized to be available until expended.

SEC. 105. OTHER PROGRAMS.

The following amounts are authorized to be appropriated for

the Department of State to carry out the authorities, functions,

duties, and responsibilities in the conduct of the foreign affairs

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

(1) UNITED STATES BILATERAL SCIENCE AND TECHNOLOGY

AGREEMENTS.—For ‘‘United States Bilateral Science and Technology Agreements’’, $4,275,000 for the fiscal year 1994.

(2) ASIA FOUNDATION.—For ‘‘Asia Foundation’’, $16,000,000

for the fiscal year 1994 and $16,068,000 for the fiscal year

1995.
H. R. 2333—10

SEC. 106. UNITED STATES ARMS CONTROL AND DISARMAMENT

AGENCY.

(a) AUTHORIZATION OF APPROPRIATIONS.—There are authorized

to be appropriated to carry out the purposes of the Arms Control

and Disarmament Act—

(1) $53,500,000 for the fiscal year 1994 and $59,292,000

for the fiscal year 1995; and (2) such sums as may be necessary for each of the fiscal

years 1994 and 1995 for increases in salary, pay, retirement,

other employee benefits authorized by law, and other nondiscretionary costs, and to offset adverse fluctuations in foreign

currency exchange rates.

(b) TECHNICAL AND CONFORMING AMENDMENTS.—Section 49 of

the Arms Control and Disarmament Act (22 U.S.C. 2589) is

amended—

(1) by striking subsection (a); and

(2) in the first sentence of subsection (b) by striking ‘‘pursuant to this section’’ and inserting ‘‘to carry out this Act’’.

PART B—AUTHORITIES AND ACTIVITIES

SEC. 121. AUTHORIZED STRENGTH OF THE FOREIGN SERVICE.

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

of the Foreign Service authorized to be employed as of September

30, 1994—

(1) for the Department of State, shall not exceed 9,100,

of whom not more than 820 shall be members of the Senior

Foreign Service; (2) for the United States Information Agency, shall not

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

of the Senior Foreign Service; and (3) for the Agency for International Development, not to

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

of the Senior Foreign Service.

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

of the Foreign Service authorized to be employed as of September

30, 1995—

(1) for the Department of State, shall not exceed 9,100,

of whom not more than 770 shall be members of the Senior

Foreign Service; (2) for the United States Information Agency, not to exceed

1,200, of whom not more than 165 shall be members of the

Senior Foreign Service; and (3) for the Agency for International Development, not to

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

of the Senior Foreign Service.

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

‘‘members of the Foreign Service’’ is used within the meaning of

such term under section 103 of the Foreign Service Act of 1980

(22 U.S.C 3903), except that such term does not include—

(1) members of the Service under paragraphs (6) and (7)

of such section;

(2) members of the Service serving under temporary resident appointments abroad;

(3) members of the Service employed on less than a fulltime basis;
H. R. 2333—11

(4) members of the Service subject to involuntary separation in cases in which such separation has been suspended

pursuant to section 1106(8) of the Foreign Service Act of 1980;

and

(5) members of the Service serving under non-career limited

appointments.

(d) WAIVER AUTHORITY.—(1) Subject to paragraph (2), the Secretary of State and the Director of the United States Information

Agency may waive any limitation under subsection (a) or (b) which

applies to the Department of State or the United States Information

Agency, as the case may be, to the extent that such waiver is

necessary to carry on the foreign affairs functions of the United

States.

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

a waiver under paragraph (1), such agency head shall notify the

Chairman of the Committee on Foreign Relations of the Senate

and the Speaker of the House of Representatives. Such notice

shall include an explanation of the circumstances and necessity

for such waiver.

SEC. 122. TRANSFERS AND REPROGRAMMINGS.

(a) AMENDMENTS TO SECTION 24 OF THE STATE DEPARTMENT

BASIC AUTHORITIES ACT OF 1956.—Section 24 of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2696) is amended—

(1) in subsection (b)(7) by striking subparagraph (E);

(2) in subsection (d)(1)—

(A) by striking ‘‘the second’’ and inserting ‘‘either’’;

and

(B) by striking ‘‘such second’’ and inserting ‘‘such’’; (3) in subsection (d)(2) by amending the first sentence

to read as follows: ‘‘Amounts appropriated for the ‘Diplomatic

and Consular Programs’ account may not exceed by more than

5 percent the amount specifically authorized to be appropriated

for such account for a fiscal year.’’; and (4) by striking subsection (d)(4). (b) DIPLOMATIC CONSTRUCTION PROGRAM.—Section 401 of the

Omnibus Diplomatic Security and Antiterrorism Act of 1986 (22

U.S.C. 4851) is amended by striking subsections (c) and (h)(3). (c) REPROGRAMMING.—Section 34 of the State Department Basic

Authorities Act of 1956 (22 U.S.C. 2706) is amended in subsection

(a)(7) by striking ‘‘$500,000’’ and inserting ‘‘$1,000,000’’.

SEC. 123. EXPENSES RELATING TO CERTAIN INTERNATIONAL CLAIMS

AND PROCEEDINGS.

Section 38 of the State Department Basic Authorities Act of

1956 (22 U.S.C. 2710) is amended by adding at the end the following

new subsections:

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

use competitive procedures or procedures other than competitive

procedures to procure the services of experts for use in preparing

or prosecuting a proceeding before an international tribunal or

a claim by or against a foreign government or other foreign entity,

whether or not the expert is expected to testify, or to procure

other support services for such proceedings or claims. The Secretary

need not provide any written justification for the use of procedures

other than competitive procedures when procuring such services

under this subsection and need not furnish for publication in the
H. R. 2333—12

Commerce Business Daily or otherwise any notice of solicitation

or synopsis with respect to such procurement. ‘‘(d) INTERNATIONAL LITIGATION FUND.— ‘‘(1) ESTABLISHMENT.—In order to provide the Department

of State with a dependable, flexible, and adequate source of

funding for the expenses of the Department related to preparing

or prosecuting a proceeding before an international tribunal,

or a claim by or against a foreign government or other foreign

entity, there is established an International Litigation Fund

(hereafter in this subsection referred to as the ‘‘ILF’’). The

ILF may be available without fiscal year limitation. Funds

otherwise available to the Department for the purposes of this

paragraph may be credited to the ILF. ‘‘(2) REPROGRAMMING PROCEDURES.—Funds credited to the

ILF shall be treated as a reprogramming of funds under section

34 and shall not be available for obligation or expenditure

except in compliance with the procedures applicable to such

reprogrammings. This paragraph shall not apply to the transfer

of funds under paragraph (3).

‘‘(3) TRANSFERS OF FUNDS.—Funds received by the Department of State from another agency of the United States Government or pursuant to the Department of State Appropriations

Act of 1937 (49 Stat. 1321, 22 U.S.C. 2661) to meet costs

of preparing or prosecuting a proceeding before an international

tribunal, or a claim by or against a foreign government or

other foreign entity, shall be credited to the ILF. ‘‘(4) USE OF FUNDS.—Funds deposited in the ILF shall

be available only for the purposes of paragraph (1).’’.

SEC. 124. CHILD CARE FACILITIES AT CERTAIN POSTS ABROAD.

Section 31 of the State Department Basic Authorities Act of

1956 (22 U.S.C. 2703) is amended in subsection (e) by striking

‘‘For the fiscal years 1992 and 1993, the’’ and inserting ‘‘The’’.

SEC. 125. EMERGENCIES IN THE DIPLOMATIC AND CONSULAR

SERVICE.

Section 4 of the State Department Basic Authorities Act of

1956 (22 U.S.C. 2671) is amended in subsection (c)—

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

(2) by striking ‘‘an annual confidential’’ and inserting ‘‘a

periodic’’.

SEC. 126. ROLE OF THE NATIONAL FOREIGN AFFAIRS TRAINING

CENTER.

Chapter 7 of the Foreign Service Act of 1980 is amended—

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

Institute,’’;

(2) in section 701 (22 U.S.C. 4021)—

(A) by striking the section title and inserting ‘‘Institution for Training.’’; (B) in subsection (a)—

(i) by striking the subsection heading and inserting

‘‘Institution or Center for Training’’; (ii) by striking ‘‘the Foreign Service Institute

(hereinafter in this chapter referred to as the

‘Institute’)’’ and inserting ‘‘an institution or center for

training (hereinafter in this chapter referred to as

the ‘institution’)’’; and
H. R. 2333—13

(iii) by striking ‘‘Institute’’ and inserting ‘‘institution’’; and

(C) by adding at the end the following new subsection:

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

professional foreign affairs training and instruction of employees

of foreign governments through the institution.

‘‘(2) Training and instruction under paragraph (1) shall be

on a reimbursable or advance-of-funds basis. Such reimbursements

or advances to the Department of State may be provided by an

agency of the United States Government or by a foreign government

and shall be credited to the currently available applicable appropriation account.

‘‘(3) In making such training available to employees of foreign

governments, priority consideration should be given to officials of

newly emerging democratic nations and then to such other countries

as the Secretary determines to be in the national interest of the

United States.

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

instruction provided under this section.’’; and

(3) in sections 701(b), 702, 704, 705, and 707, by striking

‘‘Foreign Service Institute’’ and ‘‘Institute’’ each place such

terms appear and inserting ‘‘institution’’.

SEC. 127. CONSULAR AUTHORITIES.

(a) PERSONS AUTHORIZED TO ISSUE PASSPORTS ABROAD.—The

Act entitled ‘‘An Act to regulate the issue and validity of passports,

and for other purposes’’, approved July 3, 1926 (44 Stat. 887,

22 U.S.C. 211a) is amended by striking ‘‘by diplomatic representatives of the United States, and by such consul generals, consuls,

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

consular officers of the United States, and by other employees

of the Department of State who are citizens of the United States,’’.

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

for the reorganization of the consular service of the United States’’,

approved April 5, 1906 (34 Stat. 100, 22 U.S.C. 4221) is amended

in section 7 by adding at the end ‘‘Pursuant to such regulations

as the Secretary of State may prescribe, the Secretary may designate any other employee of the Department of State who is

a citizen of the United States to perform any notarial function

authorized to be performed by a consular officer of the United

States under this Act.’’.

SEC. 128. REPORT ON CONSOLIDATION OF ADMINISTRATIVE OPERATIONS.

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

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

United States Information Agency, the Director of the Arms Control

and Disarmament Agency, and the Administrator of the Agency

for International Development) shall submit, to the Committee on

Foreign Affairs of the House of Representatives and the Committee

on Foreign Relations of the Senate, a report concerning the feasibility of consolidating domestic administrative operations for the

Department of State, the Agency for International Development,

the Arms Control and Disarmament Agency and the United States

Information Agency. Such report shall include specific recommendations for implementation.
H. R. 2333—14

SEC. 129. FACILITATING ACCESS TO THE DEPARTMENT OF STATE

BUILDING.

(a) PROCEDURES TO FACILITATE ACCESS.—The Department of

State shall maintain procedures to ensure that the members and

staff of the congressional committees of jurisdiction are granted

easy access to the Department of State in the conduct of their

duties.

(b) PARKING.—The Department of State shall also make available adequate parking for members and staff of the congressional

committees of jurisdiction in order to facilitate attendance of meetings at the Department of State.

SEC. 130. REPORT ON SAFETY AND SECURITY OF UNITED STATES

PERSONNEL IN SARAJEVO.

Not later than 90 days after the date of enactment of this

Act, the Secretary of State shall report to the Committee on Foreign

Affairs of the House of Representatives and the Committee on

Foreign Relations of the Senate on the steps taken to enhance

the security and physical safety of United States diplomatic personnel in Sarajevo, Bosnia-Hercegovina.

SEC. 131. PASSPORT SECURITY.

(a) SENSE OF CONGRESS.—The Congress strongly urges the

Secretary of State to ensure that any new passport issuances should,

to the maximum extent practicable—

(1) be secure against counterfeiting, alteration, duplication,

or simulation;

(2) be easily verifiable with appropriate inspection by public

officials and private and commercial personnel; and

(3) contain only United States-sourced materials and technology.

(b) REPORT TO CONGRESS.—Not later than 30 days after the

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

a report to the Committee on Foreign Relations of the Senate

and the Committee on Foreign Affairs of the House of Representatives detailing actions taken by the Department of State to accomplish the goals set forth in subsection (a).

SEC. 132. RECORD OF PLACE OF BIRTH FOR TAIWANESE-AMERICANS.

For purposes of the registration of birth or certification of

nationality of a United States citizen born in Taiwan, the Secretary

of State shall permit the place of birth to be recorded as Taiwan.

SEC. 133. TERRORISM REWARDS AND REPORTS.

(a) REWARDS FOR INFORMATION ON ACTS OF INTERNATIONAL

TERRORISM IN THE UNITED STATES.—

(1) STATE DEPARTMENT BASIC AUTHORITIES ACT OF 1956.—

Section 36 of the State Department Basic Authorities Act of

1956 (22 U.S.C. 2708) is amended in subsection (a) by striking

‘‘and is primarily outside the territorial jurisdiction of the

United States’’.

(2) Notwithstanding section 36(g) of the State Department

Basic Authorities Act of 1956 (22 U.S.C. 2708), in addition

to amounts otherwise available the Department of State may

expend not more than $4,000,000 in fiscal years 1994 and

1995 to pay rewards pursuant to section 36(a) of such Act.

(b) ANNUAL REPORTS ON TERRORISM.—
H. R. 2333—15

(1) Section 140 of the Foreign Relations Authorization Act,

Fiscal Years 1988 and 1989 (22 U.S.C. 2656f) is amended

in subsection (b)(2)—

(A) by striking ‘‘and’’ at the end of subparagraph (C);

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

(D) and inserting ‘‘; and’’; and

(C) by adding at the end the following:

‘‘(E) efforts by the United States to eliminate international financial support provided to those groups directly

or provided in support of their activities.’’.

(2) Section 304(a) of the Foreign Relations Authorization

Act, Fiscal Years 1992 and 1993 (Public Law 102–138) is

amended—

(A) by striking ‘‘Treasury’’ and inserting ‘‘Treasury,

in consultation with the Attorney General and appropriate

investigative agencies,’’; and

(B) by inserting at the end ‘‘Each such report shall

provide a detailed list and description of specific assets.’’.

SEC. 134. PROPERTY AGREEMENTS.

Whenever the Department of State enters into lease-purchase

agreements involving property in foreign countries pursuant to

section 1 of the Foreign Service Buildings Act (22 U.S.C. 292),

the Department shall account for such transactions in accordance

with fiscal year obligations.

SEC. 135. CAPITAL INVESTMENT FUND.

(a) ESTABLISHMENT.—There is established within the Department of State a Capital Investment Fund to provide for the procurement of information technology and other related capital

investments for the Department of State and to ensure the efficient

management, coordination, operation, and utilization of such

resources.

(b) FUNDING.—Funds otherwise available for the purposes of

subsection (a) may be deposited in such Fund. (c) AVAILABILITY.—Amounts deposited into the Fund are authorized to remain available until expended.

(d) EXPENDITURES FROM THE FUND.—Amounts deposited in

the Fund shall be available for expenditure to procure capital

equipment and information technology. (e) REPROGRAMMING PROCEDURES.—Funds credited to the Capital Investment Fund shall be treated as a reprogramming of funds

under section 34 of the State Department Basic Authorities Act

of 1956 (22 U.S.C. 2710) and shall not be available for obligation

or expenditure except in compliance with the procedures applicable

to such reprogrammings.

SEC. 136. FEES FOR COMMERCIAL SERVICES.

Title I of the State Department Basic Authorities Act of 1956

(22 U.S.C. 2669 et seq.) is amended by adding the following new

section at the end:

‘‘SEC. 52. FEES FOR COMMERCIAL SERVICES.

‘‘(a) AUTHORITY TO CHARGE FEE.—(1) Subject to paragraph

(2), the Secretary of State is authorized to charge a fee to cover

the actual or estimated cost of providing any person, firm or

organization (other than agencies of the United States Government)
H. R. 2333—16

with commercial services at posts abroad on matters within the

authority of the Department of State. ‘‘(2) The authority of this section may be exercised only in countries where the Department of Commerce does not perform

commercial services for which it collects fees.

‘‘(b) USE OF FEES.—Funds collected under the authority of subsection (a) shall be deposited as an offsetting collection to any

Department of State appropriation to recover the costs of providing

commercial services.’’.

SEC. 137. PERSONAL SERVICES CONTRACTS ABROAD.

Section 2(c) of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2669(c)) is amended by inserting before the

period ‘‘; and such contracts are authorized to be negotiated, the

terms of the contracts to be prescribed, and the work to be performed, where necessary, without regard to such statutory provisions as relate to the negotiation, making, and performance of

contracts and performance of work in the United States’’.

SEC. 138. PUBLISHING INTERNATIONAL AGREEMENTS.

Section 112a of title 1 of the United States Code is amended—

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

of State’’; and

(2) by adding at the end the following new subsections:

‘‘(b) The Secretary of State may determine that publication

of certain categories of agreements is not required, if the following

criteria are met:

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

brought into force for the United States after having received

Senate advice and consent pursuant to section 2(2) of Article

II of the Constitution of the United States;

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

to justify their publication, because (A) as of the date of enactment of the Foreign Relations Authorization Act, Fiscal Years

1994 and 1995, the agreements are no longer in force, (B)

the agreements do not create private rights or duties, or establish standards intended to govern government action in the

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

or specialized nature of the public interest in such agreements,

such interest can adequately be satisfied by an alternative

means; or (D) the public disclosure of the text of the agreement

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

national security of the United States; and

‘‘(3) copies of such agreements (other than those in paragraph (2)(D)), including certified copies where necessary for

litigation or similar purposes, will be made available by the

Department of State upon request.

‘‘(c) Any determination pursuant to subsection (b) shall be published in the Federal Register.’’.

SEC. 139. REPEAL OF REPORTING REQUIREMENTS.

The following provisions of law are repealed:

(1) Section 37(d) of the State Department Basic Authorities

Act of 1956 (22 U.S.C. 2709), relating to firearms regulations

for special agents.

(2) Section 214(c) of the State Department Basic Authorities

Act of 1956 (22 U.S.C. 4314), relating to extraordinary protective services to foreign missions.
H. R. 2333—17

(3) Section 216(d) of the State Department Basic Authorities Act of 1956 (22 U.S.C. 4316(d)), relating to application

of travel restrictions to personnel of certain countries and

organizations.

(4) Section 108 of the Foreign Relations Authorization Act,

Fiscal Year 1978 (22 U.S.C. 2151n–1), relating to Americans

incarcerated abroad.

(5) Section 512(b)(2) of the Foreign Relations Authorization

Act, Fiscal Year 1978 (22 U.S.C. 2428a(b)), relating to withdrawal of United States troops from Korea.

(6) Section 412(b) of the Foreign Service Act of 1980 (22

U.S.C. 3972(b)), relating to special differentials for Foreign

Service officers.

(7) The second sentence of section 2207(c) of the Foreign

Service Act of 1980 (22 U.S.C. 4171(c)), relating to foreign

language competence requirements: exceptions.

(8) The second sentence of section 103(b) of the Department

of State Authorization Act, Fiscal Years 1982 and 1983 (22

U.S.C. 2656 note), relating to status of certain consulates to

be reopened.

(9) Section 9 of the Radio Broadcasting to Cuba Act (22

U.S.C. 1465g), relating to evaluation of Cuba service programming.

(10) Section 130(c) of the Department of State Authorization Act, Fiscal Years 1984 and 1985 (22 U.S.C. 3982 note),

relating to merger of Foreign Service Information Corps into

the Foreign Service Corps.

(11) Section 207(b) of the Department of State Authorization Act, Fiscal Years 1984 and 1985 (22 U.S.C. 2460 note),

relating to foreign travel financed from the United States

Information Agency’s private sector program.

(12) Section 120(d) of the Foreign Relations Authorization

Act, Fiscal Years 1986 and 1987 (Public Law 99–93), relating

to Foreign Service associates pilot project.

(13) Section 611 of the Foreign Relations Authorization

Act, Fiscal Years 1986 and 1987 (22 U.S.C. 4711), relating

to United States scholarship program for developing countries.

(14) Section 812(c) of the Foreign Relations Authorization

Act, Fiscal Years 1986 and 1987 (Public Law 99–93), relating

to Japan’s fulfillment of its common defense commitments.

(15) Section 153(d) of the Foreign Relations Authorization

Act, Fiscal Years 1988 and 1989 (22 U.S.C. 4301 note; Public

Law 100–204), relating to United States-Soviet reciprocity in

matters relating to embassies.

(16) Section 1(5) of the joint resolution entitled ‘‘Joint resolution relating to NASA and the International Space Year’’,

approved July 31, 1990 (Public Law 101–339), relating to the

international space year—1992.

(17) Section 232 of the Conventional Forces in Europe

Treaty Implementation Act of 1991 (Public Law 102–228), relating to activities to reduce Soviet military threat.

(18) Section 401(c) of the Conventional Forces in Europe

Treaty Implementation Act of 1991 (22 U.S.C. 2551 note), relating to the Arms Control and Disarmament Agency’s revitalization report.
H. R. 2333—18

(19) Section 708(c) of the Foreign Relations Authorization

Act, Fiscal Years 1988 and 1989 (22 U.S.C. 287 note) relating

to the protection of Tyre by UNIFIL.

(20) Section 408(b) of the Omnibus Diplomatic Security

and Antiterrorism Act of 1986 (22 U.S.C. 2349aa) relating

to perimeter security at United States embassies and consulates

abroad.

(21) Section 162(d) of the Foreign Relations Authorization

Act, Fiscal Years 1990 and 1991 (22 U.S.C. 287(e)) relating

to contributions to and procedures of the United Nations.

(22) Section 531(i) of the Foreign Operations, Export

Financing, and Related Programs Appropriations Act, 1991 (22

U.S.C. 2370 note) relating to El Salvador.

(23) Section 724 of the International Security Development

Cooperation Act of 1981 (22 U.S.C. 2384) relating to assistance

to Nicaragua.

(24) Section 201(f) of the Fishery Conservation and

Management Act, 1976 (16 U.S.C. 1821(f)) relating to assistance

allocation of United States fish stock surplus.

(25) The second sentence of section 2207(c) of the Foreign

Service Act of 1980 (22 U.S.C. 4171) relating to foreign language

competence.

(26) Section 209A(b)(2) of the State Department Basic

Authorities Act of 1956 (22 U.S.C. 4309a) relating to United

States responsibility for employees of the United Nations.

(27) Section 117 of the Department of State Authorization

Act, Fiscal Years 1984 and 1985 (22 U.S.C. 287(b) note) relating

to policies pursued by other countries in the United Nations.

SEC. 140. VISAS.

(a) SURCHARGE FOR PROCESSING CERTAIN VISAS.— (1) Notwithstanding any other provision of law, the Secretary of State is authorized to charge a fee or surcharge

for processing machine readable nonimmigrant visas and

machine readable combined border crossing identification cards

and nonimmigrant visas. (2) Fees collected under the authority of subsection (a)

shall be deposited as an offsetting collection to any Department

of State appropriation, to recover the costs of providing consular

services. Such fees shall remain available for obligation until

expended.

(3) For fiscal years 1994 and 1995, fees deposited under the authority of paragraph (2) may not exceed a total of

$107,500,000. For subsequent fiscal years, fees may be collected

under the authority of paragraph (1) only in such amounts

as shall be prescribed in subsequent authorization Acts.

(4) The provisions of the Act of August 18, 1856 (Revised

Statutes 1726–28; 22 U.S.C. 4212–14), concerning accounting

for consular fees shall not apply to fees collected under this

subsection.

(5) No fee or surcharge authorized under paragraph (1)

may be charged to a citizen of a country that is a signatory

as of the date of enactment of this Act to the North American

Free Trade Agreement, except that the Secretary of State may

charge such fee or surcharge to a citizen of such a country

if the Secretary determines that such country charges a visa

application or issuance fee to citizens of the United States.
H. R. 2333—19

(b) AUTOMATED VISA LOOKOUT SYSTEM.—Not later than 18

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

of State shall implement an upgrade of all overseas visa lookout

operations to computerized systems with automated multiple-name

search capabilities.

(c) PROCESSING OF VISAS FOR ADMISSION TO THE UNITED

STATES.—

(1)(A) Beginning 24 months after the date of the enactment

of this Act, whenever a United States consular officer issues

a visa for admission to the United States, that official shall

certify, in writing, that a check of the Automated Visa Lookout

System, or any other system or list which maintains information about the excludability of aliens under the Immigration

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

basis under such system for the exclusion of such alien.

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

nonimmigrant visa, the alien’s name is included in the Department of State’s visa lookout system and the consular officer

to whom the application is made fails to follow the procedures

in processing the application required by the inclusion of the

alien’s name in such system, the consular officer’s failure shall

be made a matter of record and shall be considered as a

serious negative factor in the officer’s annual performance

evaluation.

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

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

United States and there is thereafter probable cause to believe

that the alien was a participant in a terrorist act causing

serious loss of life or property in the United States, the Secretary of State shall convene an Accountability Review Board

under the authority of title III of the Omnibus Diplomatic

Security and Antiterrorism Act of 1986.

(d) ACCESS TO THE INTERSTATE IDENTIFICATION INDEX.— (1) Subject to paragraphs (2) and (3), the Department of

State Consolidated Immigrant Visa Processing Center shall

have on-line access, without payment of any fee or charge,

to the Interstate Identification Index of the National Crime

Information Center solely for the purpose of determining

whether a visa applicant has a criminal history record indexed

in such Index. Such access does not entitle the Department

of State to obtain the full content of automated records through

the Interstate Identification Index. To obtain the full content

of a criminal history record, the Department shall submit a

separate request to the Identification Records Section of the

Federal Bureau of Investigation, and shall pay the appropriate

fee as provided for in the Departments of Commerce, Justice,

and State, the Judiciary, and Related Agencies Appropriations

Act, 1990 (Public Law 101–162).

(2) The Department of State shall be responsible for all

one-time start-up and recurring incremental non-personnel

costs of establishing and maintaining the access authorized

in paragraph (1).

(3) The individual primarily responsible for the day-today implementation of paragraph (1) shall be an employee

of the Federal Bureau of Investigation selected by the Department of State, and detailed to the Department on a fully

reimbursable basis.
H. R. 2333—20

(4) Not later than December 31, 1996, the Secretary of

State and the Director of the Federal Bureau of Investigation

shall jointly submit to the Committee on Foreign Affairs and

the Committee on the Judiciary of the House of Representatives, and the Committee on Foreign Relations and the Committee on the Judiciary of the Senate, a report on the effectiveness

of the procedure authorized in this subsection.

(5) This subsection shall cease to have effect after December

31, 1997.

SEC. 141. LOCAL GUARD CONTRACTS ABROAD.

Section 136 of the Foreign Relations Authorization Act, Fiscal

Years 1990 and 1991 (Public Law 101–246) is amended—

(1) in subsection (c)—

(A) in paragraph (2), by striking ‘‘due to their distance

from the post’’;

(B) by redesignating paragraphs (2) and (3) as paragraphs (6) and (7) respectively; and

(C) by inserting after paragraph (1) the following:

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

through the competitive process;

‘‘(3) in evaluating and scoring proposals for such contracts,

award not less than 60 percent of the total points on the

basis of technical factors and subfactors;

‘‘(4) in countries where contract denomination and/or payment in local currencies constitutes a barrier to competition

by United States firms—

‘‘(A) allow solicitations to be bid in United States dollars; and

‘‘(B) allow contracts awarded to United States firms

to be paid in United States dollars;

‘‘(5) ensure that United States diplomatic and consular

posts assist United States firms in obtaining local licenses

and permits;’’; and

(2) in subsection (d)—

(A) paragraph (1)(D), by striking ‘‘and’’ and inserting

‘‘or’’; and

(B) by adding at the end the following new paragraph (4):

‘‘(4) the term ‘barrier to local competition’ means—

‘‘(A) conditions of extreme currency volatility;

‘‘(B) restrictions on repatriation of profits;

‘‘(C) multiple exchange rates which significantly disadvantage United States firms; ‘‘(D) government restrictions inhibiting the free

convertibility of foreign exchange; or

‘‘(E) conditions of extreme local political instability.’’;

(C) by striking ‘‘and’’ at the end of paragraph (2);

and

(D) by striking the period at the end of paragraph

(3) and inserting ‘‘; and’’.

SEC. 142. WOMEN’S HUMAN RIGHTS PROTECTION.

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

declarations:

(1) The State Department should designate a senior advisor

to the appropriate Undersecretary to promote international
H. R. 2333—21

women’s human rights within the overall human rights policy

of the United States Government.

(2) The purpose of assigning a special assistant on women’s

human rights issues is not, to segregate such issues, but rather

to assure that they are considered along with other human

rights issues in the development of United States foreign policy.

(3) A specifically designated special assistant is necessary

because within the human rights field and the foreign policy

establishment, the issues of gender-based discrimination and

violence against women have long been ignored or made

invisible.

(4) The Congress believes that abuses against women would

have greater visibility and protection of women’s human rights

would improve if the advocate were responsible for integrating

women’s human rights issues into United States foreign policy,

bilateral assistance, multilateral diplomacy, trade policy, and

democracy promotion.

(b) CONGRESSIONAL NOTIFICATION.—Not later than 180 days

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

shall notify the Congress of the steps taken to fulfill the objectives

detailed in subsection (a).

PART C—DEPARTMENT OF STATE

ORGANIZATION

SEC. 161. ORGANIZATION OF THE DEPARTMENT OF STATE.

(a) ORGANIZATION.—Section 1 of the State Department Basic

Authorities Act of 1956 is amended to read as follows:

‘‘ORGANIZATION OF THE DEPARTMENT OF STATE

‘‘SECTION 1. (a) SECRETARY OF STATE.—

‘‘(1) The Department of State shall be administered, in

accordance with this Act and other provisions of law, under

the supervision and direction of the Secretary of State (hereinafter referred to as the ‘Secretary’).

‘‘(2) The Secretary shall be appointed by the President,

by and with the advice and consent of the Senate.

‘‘(3)(A) Notwithstanding any other provision of law and

except as provided in this section, the Secretary shall have

and exercise any authority vested by law in any office or official

of the Department of State. The Secretary shall administer,

coordinate, and direct the Foreign Service of the United States

and the personnel of the Department of State, except where

authority is inherent in or vested in the President.

‘‘(B)(i) The Secretary shall not have the authority of the

Inspector General or the Chief Financial Officer.

‘‘(ii) The Secretary shall not have any authority given

expressly to diplomatic or consular officers.

‘‘(4) The Secretary is authorized to promulgate such rules

and regulations as may be necessary to carry out the functions

of the Secretary of State and the Department of State. Unless

otherwise specified in law, the Secretary may delegate authority

to perform any of the functions of the Secretary or the Department to officers and employees under the direction and supervision of the Secretary. The Secretary may delegate the

authority to redelegate any such functions.
H. R. 2333—22

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

of State not more than 5 Under Secretaries of State, who shall

be appointed by the President, by and with the advice and consent

of the Senate, and who shall be compensated at the rate provided

for at level III of the Executive Schedule under section 5314 of

title 5, United States Code.

‘‘(c) ASSISTANT SECRETARIES.—

‘‘(1) IN GENERAL.—There shall be in the Department of

State not more than 20 Assistant Secretaries of State, each

of whom shall be appointed by the President, by and with

the advice and consent of the Senate, and who shall be compensated at the rate provided for at level IV of the Executive

Schedule under section 5315 of title 5.

‘‘(2) ASSISTANT SECRETARY OF STATE FOR DEMOCRACY,

HUMAN RIGHTS, AND LABOR.—(A) There shall be in the Department of State an Assistant Secretary of State for Democracy,

Human Rights, and Labor who shall be responsible to the

Secretary of State for matters pertaining to human rights and

humanitarian affairs (including matters relating to prisoners

of war and members of the United States Armed Forces missing

in action) in the conduct of foreign policy and such other related

duties as the Secretary may from time to time designate. The

Secretary of State shall carry out the Secretary’s responsibility

under section 502B of the Foreign Assistance Act of 1961

through the Assistant Secretary.

‘‘(B) The Assistant Secretary of State for Democracy,

Human Rights, and Labor shall maintain continuous observation and review all matters pertaining to human rights and

humanitarian affairs (including matters relating to prisoners

of war and members of the United States Armed Forces missing

in action) in the conduct of foreign policy including the following: ‘‘(i) Gathering detailed information regarding humanitarian affairs and the observance of and respect for internationally recognized human rights in each country to

which requirements of sections 116 and 502B of the Foreign

Assistance Act of 1961 are relevant.

‘‘(ii) Preparing the statements and reports to Congress

required under section 502B of the Foreign Assistance Act

of 1961.

‘‘(iii) Making recommendations to the Secretary of

State and the Administrator of the Agency for International

Development regarding compliance with sections 116 and

502B of the Foreign Assistance Act of 1961, and as part

of the Assistant Secretary’s overall policy responsibility

for the creation of United States Government human rights

policy, advising the Administrator of the Agency for International Development on the policy framework under which

section 116(e) projects are developed and consulting with

the Administrator on the selection and implementation

of such projects.

‘‘(iv) Performing other responsibilities which serve to

promote increased observance of internationally recognized

human rights by all countries.

‘‘(d) DEPUTY ASSISTANT SECRETARIES.—There shall be in the

Department of State not more than 66 Deputy Assistant Secretaries

of State.
H. R. 2333—23

‘‘(e) OTHER SENIOR OFFICIALS.—In addition to officials of the

Department of State who are otherwise authorized to be appointed

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

and to be compensated at level IV of the Executive Schedule of

section 5315 of title 5, United States Code, four other such appointments are authorized.’’.

(b) APPLICATION.—The amendments made by this section and

section 133 shall apply with respect to officials, offices, and bureaus

of the Department of State when executive orders, regulations,

or departmental directives implementing such amendments become

effective, or 90 days after the date of enactment of this Act, whichever comes earlier.

(c) TRANSITION.—Any officer of the Department of State holding

office on the date of the enactment of this Act shall not be required

to be reappointed to any other office, at the Department of State

at the same level performing similar functions, as determined by

the President, by reason of the enactment of the amendments

made by this section and section 162.

(d) REFERENCES IN OTHER ACTS.—Except as specifically provided in this Act, or the amendments made by this Act, a reference

in any other provision of law to an official or office of the Department of State affected by the amendment made by subsection

(a) (other than the Inspector General of the Department of State

and the Chief Financial Officer of the Department of State) shall

be deemed to be a reference to the Secretary of State or the

Department of State, as may be appropriate.

(e) OFFICE OF THE COORDINATOR FOR COUNTERTERRORISM.—

Notwithstanding any other provision of this section, for not less

than one year after the date of the enactment of this Act there

shall be in the Department of State an Office of the Coordinator

for Counterterrorism which shall be headed by a Coordinator for

Counterterrorism. The office shall have the same responsibilities

and functions as the Office of the Coordinator for Counterterrorism

at the Department of State had as of January 20, 1993. (f) DEPUTY ASSISTANT SECRETARY FOR BURDENSHARING.— (1) ESTABLISHMENT.—None of the funds authorized to be

appropriated by this Act shall be available for obligation or

expenditure during fiscal year 1995 unless, not later than 90

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

of State has established within the Department of State the

position of Deputy Assistant Secretary for Burdensharing, the

incumbent of which shall be an official of ambassadorial rank,

appointed by the President by and with the advice and consent

of the Senate.

(2) RESPONSIBILITIES.—The Deputy Assistant Secretary for

Burdensharing shall perform such duties and exercise such

authorities as the Secretary of State shall prescribe, including

the principal duty of negotiations for the following:

(A) Increased in-kind and financial support (including

increased payment of basing costs) by countries allied to

the United States for Department of Defense military units

and personnel assigned to permanent duty ashore outside

the United States in support of the security of such countries.

(B) Recoupment of funds associated with financial

commitments from such countries for paying the United

States the residual value of United States facilities in
H. R. 2333—24

such countries that the United States relinquishes to such

countries upon the termination of the use of such facilities

by the United States.

SEC. 162. TECHNICAL AND CONFORMING AMENDMENTS.

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

strengthen and improve the organization and administration of

the Department of State, and for other purposes’’ (May 26, 1949;

Public Law 81–73; 22 U.S.C. 2652 et seq.) is repealed.

(b) FOREIGN RELATIONS AUTHORIZATION ACT, FISCAL YEAR

1979.—Section 115 of the Foreign Relations Authorization Act, Fiscal Year 1979 (22 U.S.C. 2652a) is amended by striking subsection

(a).

(c) FOREIGN RELATIONS AUTHORIZATION ACT, FISCAL YEARS

1992 AND 1993.—Section 122 of the Foreign Relations Authorization

Act, Fiscal Years 1992 and 1993 (22 U.S.C. 2652b) is amended—

(1) by striking subsection (c);

(2) in subsection (a) by striking ‘‘, which is in addition

to the positions provided under the first section of the Act

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

(3) by striking subsection (d)(1).

(d) TITLE 5, UNITED STATES CODE.—

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

by striking—

‘‘Under Secretary of State for Political Affairs and Under

Secretary of State for Economic and Agricultural Affairs and

an Under Secretary of State for Coordinating Security Assistance Programs and Under Secretary of State for Management.

‘‘Counselor of the Department of State.’’

and inserting— ‘‘Under Secretaries of State (5).’’.

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

by striking ‘‘Assistant Secretaries of State (15).’’, ‘‘Legal Adviser

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

of State.’’, ‘‘Assistant Secretary for Oceans and International

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

‘‘Assistant Secretary for International Narcotics Matters,

Department of State.’’, ‘‘Assistant Secretary for South Asian

Affairs, Department of State.’’, and inserting ‘‘20 Assistant Secretaries of State and 4 other State Department officials to

be appointed by the President, by and with the advice and

consent of the Senate.’’.

(e) FOREIGN ASSISTANCE ACT OF 1961.—The Foreign Assistance

Act of 1961 is amended—

(1) in section 116(c) (22 U.S.C. 2151n), by striking ‘‘Assistant Secretary for Human Rights and Humanitarian Affairs’’

and inserting ‘‘Assistant Secretary of State for Democracy,

Human Rights, and Labor’’;

(2) in sections 502B(b) (22 U.S.C. 2304(b)), 502B(c)(1) (22

U.S.C. 2304(c)), and 505(g)(4)(A) (22 U.S.C. 2314(g)(4)(A)) by

striking ‘‘Human Rights and Humanitarian Affairs’’ each place

it appears and inserting ‘‘Democracy, Human Rights, and

Labor’’;

(3) in section 573(c) by striking ‘‘Human Rights and

Humanitarian Affairs’’ and inserting ‘‘Democracy, Human

Rights, and Labor’’; and

(4) in section 624 by striking subsection (f).
H. R. 2333—25

(f) ARMS EXPORT CONTROL ACT.—Section 5(d)(1) of the Arms

Export Control Act is amended (22 U.S.C. 2755(d)(1)) by striking

‘‘Assistant Secretary of State for Human Rights and Humanitarian

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

(g) DIPLOMATIC SECURITY ACT.—The Omnibus Diplomatic Security and Antiterrorism Act of 1986 is amended—

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

(A) striking paragraph (2); and

(B) redesignating paragraphs (3) through (6) as paragraphs (2) through (5), respectively;

(2) in subsection 103(a)—

(A) by inserting ‘‘(1)’’ before ‘‘The Secretary of State’’;

(B) by redesignating paragraphs (1) through (4) as

subparagraphs (A) through (D), respectively; and

(C) by inserting at the end the following new paragraph:

‘‘(2) Security responsibilities shall include the following:

‘‘(A) FORMER OFFICE OF SECURITY FUNCTIONS.—Functions

and responsibilities exercised by the Office of Security, Department of State, before November 11, 1985.

‘‘(B) SECURITY AND PROTECTIVE OPERATIONS.—

‘‘(i) Establishment and operations of post security and

protective functions abroad.

‘‘(ii) Development and implementation of communications, computer, and information security.

‘‘(iii) Emergency planning.

‘‘(iv) Establishment and operation of local guard services abroad.

‘‘(v) Supervision of the United States Marine Corps

security guard program.

‘‘(vi) Liaison with American overseas private sector

security interests.

‘‘(vii) Protection of foreign missions and international

organizations, foreign officials, and diplomatic personnel

in the United States, as authorized by law.

‘‘(viii) Protection of the Secretary of State and other

persons designated by the Secretary of State, as authorized

by law.

‘‘(ix) Physical protection of Department of State facilities, communications, and computer and information systems in the United States.

‘‘(x) Conduct of investigations relating to protection

of foreign officials and diplomatic personnel and foreign

missions in the United States, suitability for employment,

employee security, illegal passport and visa issuance or

use, and other investigations, as authorized by law.

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

concerning international terrorism authorized by section

36(a) of the State Department Basic Authorities Act of

1956.

‘‘(xii) Performance of other security, investigative, and

protective matters as authorized by law.

‘‘(C) COUNTERTERRORISM PLANNING AND COORDINATION.—

Development and coordination of counterterrorism planning,

emergency action planning, threat analysis programs, and liaison with other Federal agencies to carry out this paragraph.
H. R. 2333—26

‘‘(D) SECURITY TECHNOLOGY.—Development and implementation of technical and physical security programs, including security-related construction, radio and personnel security

communications, armored vehicles, computer and communications security, and research programs necessary to develop

such measures.

‘‘(E) DIPLOMATIC COURIER SERVICE.—Management of the diplomatic courier service. ‘‘(F) PERSONNEL TRAINING.—Development of facilities,

methods, and materials to develop and upgrade necessary skills

in order to carry out this section. ‘‘(G) FOREIGN GOVERNMENT TRAINING.—Management and development of antiterrorism assistance programs to assist foreign government security training which are administered by

the Department of State under chapter 8 of part II of the

Foreign Assistance Act of 1961 (22 U.S.C. 2349aa et seq.).’’; (3) by striking section 104;

(4) by striking section 105;

(5) in section 107, by striking ‘‘The Chief of Protocol of the Department of State shall consult with the Assistant Secretary of Diplomatic Security’’ and inserting ‘‘The Secretary

of State shall take into account security considerations’’; (6) in title II by amending the title heading to read as follows: ‘‘TITLE II—PERSONNEL’’;

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

‘‘SEC. 201. DIPLOMATIC SECURITY SERVICE.

‘‘The Secretary of State may establish a Diplomatic Security Service, which shall perform such functions as the Secretary may

determine.’’;

(8) in section 202—

(A) by striking ‘‘The’’ in the first sentence and inserting ‘‘Any such’’; (B) by striking ‘‘shall’’ each place it appears in the first, third, and fourth sentences and inserting ‘‘should’’;

and

(C) by striking the last sentence; (9) in section 203—

(A) by amending the heading to read as follows:

‘‘SEC. 203. SPECIAL AGENTS.’’;

(B) in the first sentence by striking ‘‘Positions in the Diplomatic Security Service’’ and inserting ‘‘Special agent

positions’’; and (C) in the last sentence by striking ‘‘In the case of positions designated for special agents, the’’ and inserting

‘‘The’’; and

(10) in section 402(a)(2) by striking ‘‘Assistant Secretary for Diplomatic Security’’ and inserting ‘‘Secretary of State’’.

(h) IMMIGRATION AND NATIONALITY ACT.—The Immigration and

Nationality Act (8 U.S.C. 1101 et seq.) is amended—

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

‘‘Assistant Secretary of State for Consular Affairs’’ and inserting

‘‘official designated by the Secretary of State pursuant to section

104(b) of this Act’’;

(2) in section 104 (8 U.S.C. 1104)—

(A) in the heading by striking ‘‘; BUREAU OF CONSULAR

AFFAIRS’’;
H. R. 2333—27

(B) in subsection (a), by striking ‘‘the Bureau of Consular Affairs’’ and inserting ‘‘the Administrator’’;

(C) by amending subsection (b) to read as follows:

‘‘(b) The Secretary of State shall designate an Administrator

who shall be a citizen of the United States, qualified by experience.

The Administrator shall maintain close liaison with the appropriate

committees of Congress in order that they may be advised regarding

the administration of this Act by consular officers. The Administrator shall be charged with any and all responsibility and authority

in the administration of this Act which are conferred on the Secretary of State as may be delegated to the Administrator by the

Secretary of State or which may be prescribed by the Secretary

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

of State may prescribe.’’;

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

‘‘Department of State’’; and

(E) in subsection (d), by striking all after ‘‘respectively’’

before the period; and

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

Secretary of State for Consular Affairs’’ and inserting ‘‘Administrator’’ each place it appears.

(i) DEPARTMENT OF STATE APPROPRIATIONS ACT, 1989.—Section

306 of the Department of State Appropriations Act, 1989 (Public

Law 100–459) is repealed.

(j) DEPARTMENT OF DEFENSE APPROPRIATIONS ACT, FISCAL YEAR

1989.—Section 8125 of the Department of Defense Appropriations

Act, Fiscal Year 1989 (Public Law 100–463) is amended by striking

subsection (c).

(k) STATE DEPARTMENT BASIC AUTHORITIES ACT OF 1956.—

(1) Section 35 of the State Department Basic Authorities Act of

1956 (22 U.S.C. 2707) is amended—

(A) by striking subsection (a); and

(B) in subsection (b)—

(i) by striking the text preceding paragraph (1) and

inserting the following: ‘‘The Secretary of State shall be

responsible for formulation, coordination, and oversight of

foreign policy related to international communications and

information policy. The Secretary of State shall—’’; (ii) by striking paragraph (2);

(iii) by redesignating paragraph (1) as paragraph (2);

(iv) by inserting before paragraph (2) (as so redesig- nated) the following:

‘‘(1) exercise primary authority for the conduct of foreign

policy with respect to such telecommunications functions,

including the determination of United States positions and

the conduct of United States participation in negotiations with

foreign governments and international bodies. In exercising

this responsibility, the Secretary shall coordinate with other

agencies as appropriate, and, in particular, shall give full

consideration to the authority vested by law or Executive order

in the Federal Communications Commission, the Department

of Commerce and the Office of the United States Trade Representative in this area;’’;

(v) in paragraph (2) (as so redesignated) by striking

‘‘with the bureaus and offices of the Department of State

and’’, and inserting before the semicolon ‘‘and with the

Federal Communications Commission, as appropriate’’; and
H. R. 2333—28

(vi) in paragraph (3), by striking ‘‘the Senior Inter- agency Group on International Communications and

Information Policy’’ and inserting ‘‘any senior interagency

policymaking group on international telecommunications

and information policy and chair such interagency meetings

as may be necessary to coordinate actions on pending

issues;’’.

(2) Nothing in the amendments made by paragraph (1) affects the nature or scope of the authority that is on the date of enactment

of this Act vested by law or Executive order in the Department

of Commerce, the Office of the United States Trade Representative,

the Federal Communications Commission, or any officer thereof. (3) Section 3 of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2670) is amended—

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

(B) by striking the period at the end of subsection (l) and inserting ‘‘; and’’; and (C) by adding at the end the following:

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

agencies.’’.

(4) Section 2 of the State Department Basic Authorities Act of 1956 is amended by striking ‘‘(l) pay’’ and inserting ‘‘(m) pay’’. (m) REFUGEE ACT OF 1980.—The Refugee Act of 1980 (Public Law 96–212) is amended—

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

STATES COORDINATOR FOR REFUGEE AFFAIRS AND’’;

(2) by striking the heading for part A;

(3) by repealing section 301; and

(4) by striking the heading for part B. (n) IMMIGRATION AND NATIONALITY ACT.— (1) Section 411(b) of the Immigration and Nationality Act (8 U.S.C. 1521(b)) is amended by striking ‘‘and under the general policy guidance of the United States Coordinator for Refugee Affairs (hereinafter in this chapter referred to as the

‘Coordinator’)’’ and inserting ‘‘the Secretary of State’’. (2) Section 412 of the Immigration and Nationality Act (8 U.S.C. 1522) is amended—

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

(B) in subsections (b)(3) and (b)(4), by striking ‘‘in consultation with the Coordinator,’’; and

(C) in subsection (e)(7)(C), by striking ‘‘, in consultation with the United States Coordinator for Refugee Affairs,’’.

(3) Section 413(a) of the Immigration and Nationality Act (8 U.S.C. 1523) is amended by striking ‘‘, in consultation with

the Coordinator,’’.

(o) STATE DEPARTMENT BASIC AUTHORITIES ACT.—Title II of

the State Department Basic Authorities Act of 1956 (22 U.S.C.

4301 et seq.) is amended— (1) in section 202(a) by striking paragraph (3) and redesignating paragraphs (4) through (8) as paragraphs (3)

through (7); (2) in section 203 by amending such section to read as

follows:

‘‘AUTHORITIES OF THE SECRETARY OF STATE

‘‘SEC. 203. The Secretary shall carry out the following functions:
H. R. 2333—29

‘‘(1) Assist agencies of Federal, State, and municipal

government with regard to ascertaining and according benefits,

privileges, and immunities to which a foreign mission may

be entitled.

‘‘(2) Provide or assist in the provision of benefits for or

on behalf of a foreign mission in accordance with section 204.

‘‘(3) As determined by the Secretary, dispose of property

acquired in carrying out the purposes of this Act.

‘‘(4) As determined by the Secretary, designate an office

within the Department of State to carry out the purposes

of this Act. If such an office is established, the President may

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

a Director, with the rank of ambassador. Of the Director and

the next most senior person in the office, one should be an

individual who has served in the Foreign Service and the

other should be an individual who has served in the United

States intelligence community.

‘‘(5) Perform such other functions as the Secretary may

determine necessary in furtherance of the policy of this title.’’;

(3) in section 204—

(A) in subsections (a), (b), and (c), by striking ‘‘Director’’

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

(B) in paragraph (d), by striking ‘‘the Director or any

other’’ and inserting ‘‘any’’;

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

appears and inserting ‘‘Secretary’’;

(5) in section 205—

(A) in subsection (a), by striking ‘‘Director’’ and inserting ‘‘Secretary’’; and

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

(6) in section 208—

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

(B) in subsections (c), (e), and (f), by striking ‘‘Office

of Foreign Missions’’ each place it appears and inserting

‘‘Department of State’’; and

(C) in subsection (h)(2) by striking ‘‘Director or the’’.

(p) OFFICE OF COUNSELOR; LEGAL ADVISER.—

(1) The Act entitled ‘‘An Act to create the Office of Counselor of the United States’’ (May 18, 1937; Public Law 75–

91; 22 U.S.C. 2655) is repealed.

(2) The Act entitled ‘‘An Act for the reorganization and

improvement of the Foreign Service of the United States and

for other purposes’’ (May 24, 1924; Public Law 68–135; 22

U.S.C. 2654) is amended by striking section 30.

(q) AMENDMENT TO THE DEPARTMENT OF STATE APPROPRIATIONS

AUTHORIZATION ACT OF 1973.—Section 9 of the Department of

State Appropriations Authorization Act of 1973 (22 U.S.C. 2655)

is amended—

(1) in subsection (a)—

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

under the first section of the Act of May 26, 1949, as

amended (22 U.S.C. 2652), there’’ and inserting ‘‘There’’;

and
H. R. 2333—30

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

subsection ‘‘and for such other related duties as the Secretary may from time to time designate’’; and

(2) by striking subsection (b).

SEC. 163. DIRECTOR GENERAL OF THE FOREIGN SERVICE.

Section 208 of the Foreign Service Act of 1980 (22 U.S.C.

3928) is amended to read as follows:

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

‘‘The President shall appoint, by and with the advice and consent of the Senate, a Director General of the Foreign Service,

who shall be a current or former career member of the Foreign

Service. The Director General should assist the Secretary of State

in the management of the Service and perform such functions

as the Secretary of State may prescribe.’’.

SEC. 164. ADMINISTRATIVE EXPENSES.

(a) ADMINISTRATIVE EXPENSES FOR NARCOTICS, TERRORISM, AND

CRIME.—Section 482 of the Foreign Assistance Act of 1961 (22

U.S.C. 2291a) is amended by adding the following new subsection:

‘‘(d) ADMINISTRATIVE ASSISTANCE.—(1) Except as provided in

paragraph (2), personnel funded pursuant to this section are authorized to provide administrative assistance to personnel assigned

to the bureau designated by the Secretary of State to replace

the Bureau for International Narcotics Matters.

‘‘(2) Paragraph (1) shall not apply to the extent that it would

result in a reduction in funds available for antinarcotics assistance

to foreign countries.’’.

(b) AMENDMENT TO THE MIGRATION AND REFUGEE ASSISTANCE

ACT.—Section 5 of the Migration and Refugee Assistance Act (22

U.S.C. 2605) is amended by adding at the end the following new

subsection:

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

to provide administrative assistance to personnel assigned to the

bureau charged with carrying out this Act.’’.

PART D—PERSONNEL

Subpart 1—General Provisions

SEC. 171. LABOR-MANAGEMENT RELATIONS.

Section 1017(e) of the Foreign Service Act of 1980 (22 U.S.C. 4117(e)) is amended to read as follows:

‘‘(e)(1) Notwithstanding any other provision of this chapter—

‘‘(A) participation in the management of a labor organization for purposes of collective bargaining or acting as a

representative of a labor organization for such purposes is

prohibited under this chapter—

‘‘(i) on the part of any management official or confidential employee;

‘‘(ii) on the part of any individual who has served

as a management official or confidential employee during

the preceding two years; or

‘‘(iii) on the part of any other employee if the participation or activity would result in a conflict of interest or

apparent conflict of interest or would otherwise be
H. R. 2333—31

incompatible with law or with the official functions of such

employee; and

‘‘(B) service as a management official or confidential

employee is prohibited on the part of any individual having

participated in the management of a labor organization for

purposes of collective bargaining or having acted as a representative of a labor organization during the preceding two years.

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

(1)(B), the term ‘management official’ shall not include chiefs of

mission, principal officers and their deputies, and administrative

and personnel officers abroad.’’.

SEC. 172. WAIVER OF LIMITATION FOR CERTAIN CLAIMS FOR PERSONAL PROPERTY DAMAGE OR LOSS.

(a) CLAIMS RESULTING FROM EMERGENCY EVACUATION IN A

FOREIGN COUNTRY.—Subsection 3721(b) of title 31 of the United

States Code is amended—

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

(2) by adding after paragraph (1), as so designated, the

following:

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

payment limitation referred to in paragraph (1) for claims for damage or loss by United States Government personnel under the

jurisdiction of a chief of mission in a foreign country if such claims

arise in circumstances where there is in effect a departure from

the country authorized or ordered under circumstances described

in section 5522(a) of title 5, if the Secretary determines that there

exists exceptional circumstances that warrant such a waiver.’’.

(b) RETROACTIVE APPLICATION.—The amendments made by subsection (a) shall apply with respect to claims arising on or after

October 31, 1988.

SEC. 173. SENIOR FOREIGN SERVICE PERFORMANCE PAY.

(a) PROHIBITION ON AWARDS.—Notwithstanding any other

provision of law, the Secretary of State may not award or pay

performance payments for fiscal years 1994 and 1995 under section

405 of the Foreign Service Act of 1980 (22 U.S.C. 3965), unless

the Secretary awards or pays performance awards to other Federal

employees for such fiscal years.

(b) AWARDS IN SUBSEQUENT FISCAL YEARS.—The Secretary may

not make a performance award or payment in any fiscal year

after a fiscal year referred to in subsection (a) for the purpose

of providing an individual with a performance award or payment

to which the individual would otherwise have been entitled in

a fiscal year referred to in such subsection but for the prohibition

described in such subsection.

(c) APPLICATION TO USIA, AID, AND ACDA.—Subsections (a)

and (b) shall apply to the United States Information Agency, the

Agency for International Development, and the Arms Control and

Disarmament Agency in the same manner as such subsections

apply to the Department of State, except that the Director of the

United States Information Agency, the Administrator of the Agency

for International Development, and the Director of the Arms Control

and Disarmament Agency shall be subject to the limitations and

authority of the Secretary of State under subsections (a) and (b)

for their respective agencies.
H. R. 2333—32

(d) AMENDMENT TO FOREIGN SERVICE ACT OF 1980.—Section

405(b)(4) of the Foreign Service Act of 1980 (22 U.S.C. 3965(b)(4))

is amended to read as follows:

‘‘(4) Any award under this section shall be subject to the limitation on certain payments under section 5307 of title 5,

United States Code.’’.

SEC. 174. REASSIGNMENT AND RETIREMENT OF FORMER PRESIDENTIAL APPOINTEES.

Section 813 of the Foreign Service Act of 1980 (22 U.S.C. 4053) is amended by striking all that follows the section caption

and inserting the following: ‘‘(a) A participant, who completes an assignment under section 302(b) in a position to which the participant was appointed by

the President, and is not otherwise eligible for retirement— ‘‘(1) shall be reassigned within 90 days after the termi- nation of such assignment and any period of authorized leave,

or

‘‘(2) if the Secretary of State determines that reassignment

is not in the interest of the Foreign Service, shall be retired

from the Service and receive retirement benefits in accordance

with section 806 or 855, as appropriate.

‘‘(b) A participant who completes an assignment under section

302(b) in a position to which the participant was appointed by

the President and is eligible for retirement and is not reassigned

within 90 days after the termination of such assignment and any

period of authorized leave, shall be retired from the Service and

receive retirement benefits in accordance with section 806 or section

855, as appropriate.

‘‘(c) A participant who is retired under subsection (a)(2) and

is subsequently employed by the United States Government, thereafter, shall be eligible to retire only under the terms of the

applicable retirement system.’’.

SEC. 175. REPORT ON CLASSIFICATION OF SENIOR FOREIGN SERVICE

POSITIONS.

(a) AUDIT AND REVIEW.—Not later than December 31, 1994,

the Comptroller General of the United States shall conduct a classification audit of all Senior Foreign Service positions in Washington,

District of Columbia, assigned to the Department of State, the

Agency for International Development, and the United States

Information Agency and shall review the methods for classification

of such positions.

(b) REPORT.—Not later than March 1, 1995, the Comptroller

General shall submit a report of such audit and review to the

Committee on Foreign Relations of the Senate and the Committee

on Foreign Affairs of the House of Representatives.

SEC. 176. ALLOWANCES.

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

5924(4)(A) of title 5, United States Code, is amended by inserting

after the first sentence the following: ‘‘When travel from school

to post is infeasible, travel may be allowed between the school

attended and the home of a designated relative or family friend

or to join a parent at any location, with the allowable travel expense

not to exceed the cost of travel between the school and the post.’’.

(b) EDUCATIONAL TRAVEL FOR COLLEGE STUDENTS STUDYING

ABROAD.—Section 5924(4)(B) of title 5, United States Code, is
H. R. 2333—33

amended in the first sentence after ‘‘in the United States’’ by

inserting ‘‘(or to and from a school outside the United States if

the dependent is attending that school for less than one year under

a program approved by the school in the United States at which

the dependent is enrolled, with the allowable travel expense not

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

States)’’.

SEC. 177. GRIEVANCES.

(a) GRIEVANCE BOARD PROCEDURES.—Section 1106 of the Foreign Service Act of 1980 (22 U.S.C. 4136) is amended in the first

sentence of paragraph (8) by striking ‘‘until the Board has ruled

upon the grievance.’’ and inserting ‘‘until the date which is one

year after such determination or until the Board has ruled upon

the grievance, whichever comes first. The Board shall extend the

one-year limitation under the preceding sentence and the Department shall continue to suspend such action, if the Board determines

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

resolution of the grievance. The Board may also extend the 1-

year limit if it determines that the delay is due to the complexity

of the case, the unavailability of witnesses or to circumstances

beyond the control of the agency, the Board or the grievant.’’. (b) TIME LIMITATION ON REQUESTS FOR JUDICIAL REVIEW.— Section 1110 of the Foreign Service Act of 1980 (22 U.S.C. 4140)

is amended in the first sentence by inserting before the period

‘‘, if the request for judicial review is filed not later than 180

days after the final action of the Secretary or the Board (or in

the case of an aggrieved party who is posted abroad at the time

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

for judicial review is filed not later than 180 days after the aggrieved

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

SEC. 178. MID-LEVEL WOMEN AND MINORITY PLACEMENT PROGRAM.

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

the acquisition and retention of highly qualified, trained, and experienced women and minority personnel within the Foreign Service,

to provide the maximum opportunity for the Foreign Service to

meet staffing needs and to acquire the services of experienced

and talented women and minority personnel, and to help alleviate

the impact of downsizing, reduction-in-force, and budget restrictions

occurring in the defense and national security-related agencies of

the United States.

(b) ESTABLISHMENT.—For each of the fiscal years 1994 and 1995, the Secretary of State shall to the maximum extent practicable appoint to the Foreign Service qualified women and minority

applicants who are participants in the priority placement program

of the Department of Defense, the Department of Defense outplacement referral program, the Office of Personnel Management

Automated Applicant Referral System, or the Office of Personnel

Management Interagency Placement Program. The Secretary shall

make such appointments through the mid-level entry program of

the Department of State under section 306 of the Foreign Service

Act of 1980.

(c) REPORT.—Not later than 180 days after the date of enactment of this Act, the Secretary of State shall prepare and submit

a report concerning the implementation of subsection (a) to the

Chairman of the Committee on Foreign Relations of the Senate

and the Speaker of the House of Representatives. Such report
H. R. 2333—34

shall include recommendations on methods to improve implementation of the purpose of this section.

SEC. 179. EMPLOYMENT ASSISTANCE REFERRAL SYSTEM FOR CERTAIN MEMBERS OF THE FOREIGN SERVICE.

(a) REFERRAL SYSTEM.—Certain members of the Foreign Service

(as described in subsection (b)), may participate in the Office of

Personnel Management’s Interagency Placement programs or any

successor program. Such members of the Foreign Service shall

be treated in the same manner as employees participating in such

a program as of the effective date of this Act.

(b) CERTAIN MEMBERS OF THE FOREIGN SERVICE.—For purposes

of this section, the term ‘‘members of the Foreign Service’’ means

any individual holding a career or career candidate appointment

under chapter 3 of the Foreign Service Act of 1980.

SEC. 180. UNITED STATES CITIZENS HIRED ABROAD.

(a) AMENDMENTS TO THE FOREIGN SERVICE ACT OF 1980.—

The Foreign Service Act of 1980 (22 U.S.C. 3901 et seq.) is amended

as follows:

(1) Section 309(b) of such Act is amended—

(A) by striking ‘‘and’’ at the end of paragraph (3);

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

(4); and

(C) by inserting at the end ‘‘; and (5) as a foreign

national employee.’’.

(2) Section 311 of such Act is amended to read as follows:

‘‘(a) The Secretary, under section 303, may appoint United

States citizens, who are family members of government employees

assigned abroad or are hired for service at their post of residence,

for employment in positions customarily filled by Foreign Service

officers, Foreign Service personnel, and foreign national employees. ‘‘(b) The fact that an applicant for employment in a position referred to in subsection (a) is a family member of a Government

employee assigned abroad shall be considered an affirmative factor

in employing such person. ‘‘(c)(1) Non-family members employed under this section for

service at their post of residence shall be paid in accordance with

local compensation plans established under section 408.

‘‘(2) Family members employed under this section shall be

paid in accordance with the Foreign Service Schedule or the salary

rates established under section 407.

‘‘(3) In exceptional circumstances, non-family members may

be paid in accordance with the Foreign Service Schedule or the

salary rates established under section 407, if the Secretary determines that the national interest would be served by such payments.

‘‘(d) Nonfamily member United States citizens employed under

this section shall not be eligible for benefits under chapter 8 of

this Act, or under chapters 83 or 84 of title 5, United States

Code.’’.

(3) Section 404(a) of such Act is amended by striking ‘‘who

are family members of Government employees paid in accordance with a local compensation plan established under’’.

(4) Section 408 of such Act is amended—

(A) in subsection (a)(1) by striking the first sentence

and inserting ‘‘The Secretary shall establish compensation

(including position classification) plans for foreign national
H. R. 2333—35

employees of the Service and United States citizens

employed under section 311(c)(1).’’;

(B) in the second sentence of subsection (a)(1), by striking ‘‘employed in the Service abroad who were hired while

residing abroad and to those family members of Government employees who are paid in accordance with such

plans’’;

(C) in the third sentence of subsection (a)(1), by striking

‘‘foreign national’’ each place it appears; and

(D) by adding at the end of subsection (a)(1) the following: ‘‘For United States citizens under a compensation plan,

the Secretary shall (A) provide such citizens with a total

compensation package (including wages, allowances, benefits, and other employer payments, such as for social security) that has the equivalent cost to that received by foreign

national employees occupying a similar position at that

post and (B) define those allowances and benefits provided

under United States law which shall be included as part

of this total compensation package, notwithstanding any

other provision of law, except that this section shall not

be used to override United States minimum wage requirements, or any provision of the Social Security Act or the

Internal Revenue Code.

(5) Section 504(b) of such Act is amended by inserting

‘‘(other than those employed in accordance with section 311)’’

after ‘‘citizen of the United States’’.

(6) Section 601(b)(2) of such Act is amended—

(A) by striking ‘‘and’’ the last place it appears; and

(B) by inserting ‘‘and other members of the Service’’

after ‘‘categories of career candidates,’’.

(7) Section 611 of such Act is amended by striking all

that follows ‘‘Foreign Service Schedule’’ and inserting ‘‘or who

is paid in accordance with section 407 or is a United States

citizen paid under a compensation plan under section 408.’’.

(8) Section 903(a) of such Act is amended by inserting

‘‘(other than a member employed under section 311)’’ after

‘‘member of the Service’’ each place it appears.

(9) Section 1002(8)(A) of such Act is amended by inserting

‘‘a member of the Service who is a United States citizen (other

than a family member) employed under section 311,’’ after

‘‘a consular agent,’’.

(10) Section 1101(a)(1) of such Act is amended by inserting

‘‘(other than a United States citizen employed under section

311 who is not a family member)’’ after ‘‘citizen of the United

States’’.

(b) AMENDMENTS TO THE STATE DEPARTMENT BASIC AUTHORITIES ACT OF 1956.—Section 2(c) of the State Department Basic

Authorities Act of 1956 (22 U.S.C. 2669(c)) is amended by inserting

before the period: ‘‘; and such contracts are authorized to be negotiated, the terms of the contracts to be prescribed, and the work

to be performed, where necessary, without regard to such statutory

provisions as relate to the negotiation, making, and performance

of contracts and performance of work in the United States’’.
H. R. 2333—36

SEC. 181. REDUCTION IN FORCE AUTHORITY WITH REGARD TO CERTAIN MEMBERS OF THE FOREIGN SERVICE.

(a) IN GENERAL.—The Foreign Service Act of 1980 (22 U.S.C. 4001 et seq.) is amended as follows: (1) By redesignating sections 611, 612, and 613 as sections 612, 613, and 614, respectively. (2) By inserting after section 610 the following new section:

‘‘SEC. 611. REDUCTIONS IN FORCE.

‘‘(a) The Secretary may conduct reductions in force and shall prescribe regulations for the separation of members of the Service

holding a career or career candidate appointment under chapter

3 of this Act, under such reductions in force which give due effect

to the following: ‘‘(1) Organizational changes.

‘‘(2) Documented employee knowledge, skills, or competencies. ‘‘(3) Tenure of employment.

‘‘(4) Documented employee performance.

‘‘(5) Military preference, subject to section 3501(a)(3) of title 5, United States Code.

‘‘(b) The provisions of section 609 shall be applicable to any member of the Service holding a career or career candidate appointment under chapter 3 of this Act, who is separated under the

provisions of this section.

‘‘(c) An employee against whom action is taken under this

section may elect either to file a grievance under chapter 11 or

to appeal to the Merit Systems Protection Board under procedures

prescribed by the Board. Grievances under chapter 11 shall be

limited to cases of reprisal, interference in the conduct of an employee’s official duties, or similarly inappropriate use of the authority

of this section.’’.

(3) By amending section 609 (22 U.S.C. 4009)— (A) in subsection (a)(2), by inserting ‘‘or 611’’ after ‘‘608(b)’’; and

(B) in subsection (b) by inserting ‘‘or 611’’ after ‘‘608(b)’’. (4) Chapter 11 of the Foreign Service Act of 1980 is

amended—

(A) in section 1101(b)(3) by striking ‘‘611’’ and inserting

‘‘612’’; and

(B) in section 1106(8) by inserting before the period

at the end of the paragraph ‘‘or with respect to any action

which would delay the separation of an employee pursuant

to a reduction in force conducted under section 611’’.

(5) The table of contents for the Foreign Service Act is

amended by striking out the items related to sections 611,

612, and 613 and inserting in lieu thereof the following:

‘‘Sec. 611. Reductions in force.

‘‘Sec. 612. Termination of limited appointments.

‘‘Sec. 613. Termination of appointments of consular agents and foreign national employees. ‘‘Sec. 614. Foreign Service awards.’’.

(b) MANAGEMENT RIGHTS.—Section 1005 of the Foreign Service Act of 1980 (22 U.S.C. 4105(a)) is amended—

(1) by redesignating paragraphs (3) through (6) as paragraphs (4) through (7), respectively; and

(2) by inserting after paragraph (2) the following new paragraph:
H. R. 2333—37

‘‘(3) to conduct reductions in force, and to prescribe regula- tions for the separation of employees pursuant to such reductions in force conducted under section 611;’’.

(c) CONSULTATION.—The Secretary of State (or in the case of any other agency authorized by law to utilize the Foreign Service

personnel system), the head of that agency shall consult with the

Director of the Office of Personnel Management before prescribing

regulations for reductions in force under section 611 of the Foreign

Service Act of 1980 (as added by subsection (a) of this section),

and shall publish such regulations.

SEC. 182. RESTORATION OF WITHHELD BENEFITS.

(a) ELIGIBILITY.—With respect to any person for which the Secretary of State and the Secretary concerned within the Department of Defense has approved the employment or the holding

of a position pursuant to the provisions of section 1058, title 10,

United States Code, before the date of enactment of this Act,

the consents, approvals and determinations under that section shall

be deemed to be effective as of January 1, 1993.

(b) TECHNICAL CORRECTION.—Subsection (d) of section 1433

of Public Law 103–160 is repealed.

Subpart 2—Foreign Language Competence Within

the Foreign Service

SEC. 191. FOREIGN LANGUAGE COMPETENCE WITHIN THE FOREIGN

SERVICE.

(a) REGULATIONS.—Not later than 180 days after the date of

enactment of this Act, the Secretary of State shall promulgate

regulations—

(1) establishing hiring preferences for Foreign Service Officer candidates competent in languages, with priority preference

given to those languages in which the Department of State

has a deficit;

(2) establishing a standard that employees will not receive

long-term training in more than 3 languages, and requiring

that employees achieve full professional proficiency (S4/R4) in

1 language as a condition for training in a third, with exceptions

for priority needs of the service at the discretion of the Director

General;

(3) requiring that employees receiving long-term training

in a language, or hired with a hiring preference for a language,

serve at least 2 tours in jobs requiring that language, with

exceptions for certain limited-use languages and priority needs

of the service at the discretion of the Director General;

(4) requiring that significant consideration be given to foreign language competence and use in the evaluation, assignment, and promotion of all Foreign Service Officers of the

Department of State;

(5) requiring the identification of appropriate Washington,

D.C. metropolitan area positions as language-designated; and

(6) requiring remedial training and suspension of language

differential payments for employees receiving such payments

who have failed to maintain required levels of proficiency.

(b) REPEAL.—Section 164 of the Foreign Relations Authorization

Act, Fiscal Years 1990 and 1991 (22 U.S.C. 4001 note; Public

Law 101–246) is repealed.
H. R. 2333—38

SEC. 192. DESIGNATION OF FOREIGN LANGUAGE RESOURCES

COORDINATOR.

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

(1) the Department of State, by virtue of the Secretary’s

overall responsibility under section 701(a) of the Foreign Service

Act of 1980 (22 U.S.C. 4011(a)) for training and instruction

in the field of foreign relations to meet the needs of all Federal

agencies, should take the lead in this interagency effort; and

(2) in order to promote efficiency and quality in the training

provided by the Secretary of State and other Federal agencies,

the Secretary should call upon other agencies to share in the

joint management and coordination of Federal foreign language

resources.

(b) FOREIGN LANGUAGE RESOURCES COORDINATOR.—

(1) The Secretary of State should appoint a Foreign Language Resources Coordinator (in this subsection referred to

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

(A) for coordinating the efforts of the appropriate agencies of Government—

(i) to strengthen mechanisms for sharing of foreign

language resources; and

(ii) to identify Federal foreign language resource

requirements in the areas of diplomacy, military

preparedness, international security, and other foreign

policy objectives; and

(B) for making recommendations to the Secretary of

State as to which Federal foreign language assets, if any,

should be made available to the private sector in support

of national global economic competitiveness goals.

(2) All appropriate United States Government agencies

maintaining and utilizing Federal foreign language training

and related resources shall cooperate fully with any Coordinator.

SEC. 193. FOREIGN LANGUAGE SERVICES.

(a) SURCHARGE FOR CERTAIN FOREIGN LANGUAGE SERVICES.—

Notwithstanding any other provision of law, the Secretary of State

is authorized to require the payment of an appropriate fee, surcharge, or reimbursement for providing other Federal agencies with

foreign language translation and interpretation services.

(b) USE OF FUNDS.—Funds collected under the authority of

subsection (a) shall be deposited as an offsetting collection to any

Department of State appropriation to recover the cost of providing

translation or interpretation services in any foreign language. Such

funds may remain available until expended.
H. R. 2333—39

TITLE II—UNITED STATES INFORMATIONAL, EDUCATIONAL, AND CULTURAL PROGRAMS

PART A—AUTHORIZATION OF

APPROPRIATIONS

SEC. 201. AUTHORIZATION OF APPROPRIATIONS.

(a) IN GENERAL.—The following amounts are authorized to

be appropriated to carry out international information activities,

and educational and cultural exchange programs under the United

States Information and Educational Exchange Act of 1948, the

Mutual Educational and Cultural Exchange Act of 1961, Reorganization Plan Number 2 of 1977, the Radio Broadcasting to Cuba

Act, the Television Broadcasting to Cuba Act, the Board for International Broadcasting Act, the Inspector General Act of 1978, the

Center for Cultural and Technical Interchange Between North and

South Act, the National Endowment for Democracy Act, and to

carry out other authorities in law consistent with such purposes:

(1) SALARIES AND EXPENSES.—For ‘‘Salaries and Expenses’’,

$487,988,000 for the fiscal year 1994 and $494,862,000 for

the fiscal year 1995.

(2) EDUCATIONAL AND CULTURAL EXCHANGE PROGRAMS.—

(A) FULBRIGHT ACADEMIC EXCHANGE PROGRAMS.—For

the ‘‘Fulbright Academic Exchange Programs’’,

$130,538,000 for the fiscal year 1994 and $126,312,000

for the fiscal year 1995. (B) OTHER PROGRAMS.—For ‘‘Hubert H. Humphrey

Fellowship Program’’, ‘‘Edmund S. Muskie Fellowship Program’’, ‘‘International Visitors Program’’, ‘‘Israeli-Arab

Scholarship Program’’, ‘‘Mike Mansfield Fellowship Program’’, ‘‘Claude and Mildred Pepper Scholarship Program

of the Washington Workshops Foundation’’, ‘‘Citizen

Exchange Programs’’, ‘‘Congress-Bundestag Exchange Program’’, ‘‘Newly Independent States and Eastern Europe

Training’’, ‘‘Institute for Representative Government’’,

‘‘American Studies Collections’’, ‘‘South Pacific Exchanges’’,

‘‘East Timorese Scholarships’’, ‘‘Cambodian Scholarships’’,

and ‘‘Arts America’’, $96,962,000 for the fiscal year 1994

and $97,046,000 for the fiscal year 1995.

(3) BROADCASTING TO CUBA.—For ‘‘Broadcasting to Cuba’’,

$21,000,000 for the fiscal year 1994 and $27,609,000 for the

fiscal year 1995.

(4) INTERNATIONAL BROADCASTING ACTIVITIES.—For ‘‘International Broadcasting Activities’’ under title III, $541,676,000

for the fiscal year 1994, and $609,740,000 for the fiscal year

1995.

(5) OFFICE OF THE INSPECTOR GENERAL.—For ‘‘Office of

the Inspector General’’, $4,247,000 for the fiscal year 1994

and $4,396,000 for the fiscal year 1995.

(6) CENTER FOR CULTURAL AND TECHNICAL INTERCHANGE

BETWEEN EAST AND WEST.—For ‘‘Center for Cultural and Technical Interchange between East and West’’, $26,000,000 for

the fiscal year 1994 and $24,500,000 for the fiscal year 1995.
H. R. 2333—40

(7) TITLE V OF PUBLIC LAW 98–164.—To carry out title V of Public Law 98–164, $35,000,000 for the fiscal year 1994

and $35,000,000 for the fiscal year 1995.

(b) LIMITATIONS.— (1) Of the amounts authorized to be appropriated for ‘‘Sala- ries and Expenses’’ under section 201(a)(1) for fiscal year 1995,

$500,000 is authorized to be appropriated for expenses and

activities related to United States participation in the 1996

Budapest World’s Fair (Budapest Expo ’96). (2) Of the amounts authorized to be appropriated for ‘‘Fulbright Academic Exchange Programs’’ under subsection

(a)(2)(A)—

(A) $3,000,000 is authorized to be available for fiscal

year 1995 for the Vietnam Scholarship Program established

by section 229 of the Foreign Relations Authorization Act,

Fiscal Years 1992 and 1993 (Public Law 102–138); and

(B) $1,500,000 is authorized to be available for fiscal

year 1994 and $2,000,000 is authorized to be available

for fiscal year 1995, for the ‘‘Environment and Sustainable

Development Exchange Program’’ established by section

241.

(3) Of the amounts authorized to be appropriated for ‘‘Other

Programs’’ under subsection (a)(2)(B) $1,000,000 is authorized

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

for the ‘‘American Studies Collections’’ program established

under section 235.

PART B—USIA AND RELATED AGENCIES

AUTHORITIES AND ACTIVITIES

SEC. 221. USIA OFFICE IN LHASA, TIBET.

(a) ESTABLISHMENT OF OFFICE.—The Director of the United

States Information Agency shall seek to establish an office in Lhasa,

Tibet, for the purpose of—

(1) disseminating information about the United States;

(2) promoting discussions on conflict resolution and human

rights;

(3) facilitating United States private sector involvement

in educational and cultural activities in Tibet; and

(4) advising the United States Government with respect

to Tibetan public opinion.

(b) REPORT BY THE DIRECTOR OF USIA.—Not later than April

1 of each year, the Director of the United States Information Agency

shall submit a detailed report on developments relating to the

implementation of this section to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the

House of Representatives.

SEC. 222. CHANGES IN ADMINISTRATIVE AUTHORITIES.

Section 801 of the United States Informational and Educational

Exchange Act of 1948 (22 U.S.C. 1471) is amended— (1) in paragraph (5) by striking ‘‘and’’ after the semicolon;

(2) in paragraph (6) by striking the period at the end

and inserting ‘‘; and’’; and

(3) by adding at the end the following:

‘‘(7) notwithstanding any other provision of law, to carry

out projects involving security construction and related
H. R. 2333—41

improvements for Agency facilities not physically located

together with Department of State facilities abroad.’’.

SEC. 223. EMPLOYMENT AUTHORITY.

For fiscal years 1994 and 1995, the Director of the United States Information Agency may, in carrying out the provisions

of the United States Information and Educational Exchange Act

of 1948, employ individuals or organizations by contract for services

to be performed in the United States or abroad, who shall not,

by virtue of such employment, be considered to be employees of

the United States Government for the purposes of any law administered by the Office of Personnel Management, except that the

Director may determine the applicability to such individuals of

section 804(5) of that Act.

SEC. 224. BUYING POWER MAINTENANCE ACCOUNT.

Section 704(c) of the United States Information and Educational

Exchange Act of 1948 (22 U.S.C. 1477b(c)) is amended— (1) by redesignating clauses (1) and (2) as clauses (A) and (B), respectively; (2) by inserting ‘‘(1)’’ after ‘‘(c)’’; and

(3) by adding at the end the following new paragraphs: ‘‘(2) In carrying out this subsection, there may be established

a Buying Power Maintenance account. ‘‘(3) In order to eliminate substantial gains to the approved levels of overseas operations for the United States Information

Agency, the Director shall transfer to the Buying Power Maintenance account such amounts appropriated for ‘Salaries and

Expenses’ as the Director determines are excessive to the needs

of the approved level of operations under that appropriation account

because of fluctuations in foreign currency exchange rates or

changes in overseas wages and prices. ‘‘(4) In order to offset adverse fluctuations in foreign currency exchange rates or foreign wages and prices, the Director may transfer from the Buying Power Maintenance account to the ‘Salaries

and Expenses’ appropriations account such amounts as the Director

determines are necessary to maintain the approved level of operations under that appropriation account. ‘‘(5) Funds transferred by the Director from the Buying Power Maintenance account to another account shall be merged with and

be available for the same purpose, and for the same time period,

as the funds in that other account. Funds transferred by the Director from another account to the Buying Power Maintenance account

shall be merged with the funds in the Buying Power Maintenance

account and shall be available for the purposes of that account

until expended. ‘‘(6) Any restriction contained in an appropriation Act or other provision of law limiting the amounts that may be obligated or

expended by the United States Information Agency shall be deemed

to be adjusted to the extent necessary to offset the net effect

of fluctuations in foreign currency exchange rates or overseas wage

and price changes in order to maintain approved levels.

‘‘(7)(A) Subject to the limitations contained in this paragraph,

not later than the end of the 5th fiscal year after the fiscal year

for which funds are appropriated or otherwise made available for

the ‘Salaries and Expenses’ account, the Director may transfer

any unobligated balance of such funds to the Buying Power Maintenance account.
H. R. 2333—42

‘‘(B) The balance of the Buying Power Maintenance account

may not exceed $50,000,000 as a result of any transfer under

this paragraph.

‘‘(C) Any transfer pursuant to this paragraph shall be treated

as a reprogramming of funds under section 705 and shall be available for obligation or expenditure only in accordance with the procedures under such section.

‘‘(D) The authorities contained in this section may only be

exercised to such an extent and in such amounts as specifically

provided in advance in appropriation Acts.’’.

SEC. 225. CONTRACT AUTHORITY.

Section 802(b) of the United States Information and Educational Exchange Act of 1948 (22 U.S.C. 1472(b)) is amended

by adding at the end the following:

‘‘(4)(A) Notwithstanding the other provisions of this subsection,

the United States Information Agency is authorized to enter into

contracts for periods not to exceed 7 years for circuit capacity

to distribute radio and television programs.

‘‘(B) The authority of this paragraph may be exercised for

a fiscal year only to such extent or in such amounts as are provided

in advance in appropriations Acts.’’.

SEC. 226. UNITED STATES TRANSMITTER IN KUWAIT.

None of the funds authorized to be appropriated by this or

any other Act may be obligated or expended for the design, development, or construction of a United States short-wave radio transmitter in Kuwait.

SEC. 227. FULBRIGHT-HAYS ACT AUTHORITIES.

Section 105(a) of Public Law 87–256 is amended to read as

follows:

‘‘(a) Amounts appropriated to carry out the purposes of this

Act are authorized to be made available until expended.’’.

SEC. 228. SEPARATE LEDGER ACCOUNTS FOR NED GRANTEES.

Section 504(h)(1) of the National Endowment for Democracy

Act (22 U.S.C. 4413(h)(1)) is amended by striking ‘‘accounts’’ and

inserting ‘‘bank accounts or separate self-balancing ledger accounts’’.

SEC. 229. COORDINATION OF UNITED STATES EXCHANGE PROGRAMS.

(a) COORDINATION.—Section 112 of the Mutual Educational and

Cultural Exchange Act of 1961 (22 U.S.C. 2460) is amended by

adding at the end the following: ‘‘(f)(1) The President shall ensure that all exchange programs

conducted by the United States Government, its departments and

agencies, directly or through agreements with other parties, are

reported at a time and in a format prescribed by the Director.

The President shall ensure that such exchanges are consistent

with United States foreign policy and avoid duplication of effort.

‘‘(2) Not later than 90 days after the date of enactment of

this subsection, and annually thereafter, the President shall submit

to the Speaker of the House of Representatives and the Chairman

of the Committee on Foreign Relations of the Senate a report

pursuant to paragraph (1). Such report shall include information

for each exchange program supported by the United States on

the objectives of such exchange, the number of exchange participants supported, the types of exchange activities conducted, the
H. R. 2333—43

total amount of Federal expenditures for such exchanges, and the

extent to which such exchanges are duplicative.’’.

(b) REPORT BY THE DIRECTOR OF USIA.—Not later than 120

days after the date of enactment of this Act, the Director of the

United States Information Agency shall submit to the Committee

on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate a report—

(1) detailing the range of exchange programs administered

by the Agency;

(2) identifying possible areas of duplication of inefficiency;

and

(3) recommending program consolidation and administrative restructuring as warranted.

SEC. 230. LIMITATION CONCERNING PARTICIPATION IN INTERNATIONAL EXPOSITIONS.

Notwithstanding any other provision of law, the United States

Information Agency shall not obligate or expend any funds for

a United States Government funded pavilion or other major exhibit

at any international exposition or world’s fair registered by the

Bureau of International Expositions in excess of amounts expressly

authorized and appropriated for such purpose.

SEC. 231. PRIVATE SECTOR OPPORTUNITIES.

Section 104(e)(4) of the Mutual Educational and Cultural

Exchange Act of 1961 (22 U.S.C. 2454) is amended by inserting

before the period ‘‘, and of similar services and opportunities for

interchange not supported by the United States Government’’.

SEC. 232. AUTHORITY TO RESPOND TO PUBLIC INQUIRIES.

Section 208 of the Foreign Relations Authorization Act, Fiscal

Years 1986 and 1987 (22 U.S.C. 1461–1a) is amended by adding

at the end the following new sentence: ‘‘The provisions of this

section shall not prohibit the United States Information Agency

from responding to inquiries from members of the public about

its operations, policies, or programs.’’.

SEC. 233. TECHNICAL AMENDMENT RELATING TO NEAR AND MIDDLE

EAST RESEARCH AND TRAINING.

Section 228(d) of the Foreign Relations Authorization Act, Fiscal

Years 1992 and 1993 (22 U.S.C. 2452 note) is amended by inserting

‘‘and includes the Republic of Turkey’’ before the period at the

end thereof.

SEC. 234. DISTRIBUTION WITHIN THE UNITED STATES OF CERTAIN

MATERIALS OF THE UNITED STATES INFORMATION

AGENCY.

Notwithstanding section 208 of the Foreign Relations

Authorization Act, Fiscal Years 1986 and 1987 (22 U.S.C. 1461–

1a) and the second sentence of section 501 of the United States

Information and Educational Exchange Act of 1948 (22 U.S.C. 1461),

the Director of the United States Information Agency may make

available for distribution within the United States the following:

(1) The United States Information Agency’s Thomas Jefferson Paper Show, which commemorates the 250th anniversary

of the birth of Thomas Jefferson.

(2) The documentary entitled ‘‘Crimes Against Humanity’’,

a film about the ensuing conflict in the former Yugoslavia.
H. R. 2333—44

SEC. 235. AMERICAN STUDIES COLLECTIONS.

(a) AUTHORITY.—In order to promote a thorough understanding

of the United States among emerging elites abroad, the Director

of the United States Information Agency is authorized to establish

and support collections at appropriate university libraries abroad

to further the study of the United States, and to enter into agreements with such universities for such purposes.

(b) DESIGN AND DEVELOPMENT.—Such collections—

(1) shall be developed in consultation with United States

associations and organizations of scholars in the principal academic disciplines in which American studies are conducted;

and

(2) shall be designed primarily to meet the needs of undergraduate and graduate students of American studies.

(c) SITE SELECTION.—In selecting universities abroad as sites

for such collections, the Director shall—

(1) ensure that such universities are able, within a reasonable period of the establishment of such collections, to assume

responsibility for their maintenance in current form;

(2) ensure that undergraduate and graduate students shall

enjoy reasonable access to such collections; and

(3) include in any agreement entered into between the

United States Information Agency and a university abroad,

terms embodying a contractual commitment of such maintenance and access under this subsection.

(d) FUNDING.—

(1) The Director of the United States Information Agency

is authorized to establish an endowment fund (hereafter in

this section referred to as the ‘‘fund’’) to carry out the purposes

of this section and to enter into such agreements as may

be necessary to carry out the purposes of this section.

(2)(A) The Director shall make deposits to the fund of

amounts appropriated or otherwise made available to carry

out this section.

(B) The Director is authorized to accept, use, and dispose

of gifts of donations of services or property to carry out this

section. Sums donated to carry out the purposes of this section

shall be deposited into the fund.

(3) The corpus of the fund shall be invested in federallyinsured bank savings accounts or comparable interest-bearing

accounts, certificates of deposit, money market funds, obligations of the United States, or other low-risk instruments and

securities.

(4) The Director may withdraw or expend amounts from

the fund for any expenses necessary to carry out the purposes

of this section.

(e) AVAILABILITY OF AUTHORIZATIONS OF APPROPRIATIONS.—

Authorizations of appropriations for the purposes of this section

shall be available without fiscal year limitation and shall remain

available until used.

SEC. 236. EDUCATIONAL AND CULTURAL EXCHANGES WITH TIBET.

The Director of the United States Information Agency shall

establish programs of educational and cultural exchange between

the United States and the people of Tibet. Such programs shall

include opportunities for training and, as the Director considers
H. R. 2333—45

appropriate, may include the assignment of personnel and resources

abroad.

SEC. 237. SCHOLARSHIPS FOR EAST TIMORESE STUDENTS.

Notwithstanding any other provision of law, the Bureau of

Educational and Cultural Affairs of the United States Information

Agency shall make available for each of the fiscal years 1994

and 1995, scholarships for East Timorese students qualified to

study in the United States for the purpose of studying at the

undergraduate level in a United States college or university. Each

scholarship made available under this subsection shall be for not

less than one semester of study.

SEC. 238. CAMBODIAN SCHOLARSHIP AND EXCHANGE PROGRAMS.

(a) PURPOSE.—It is the purpose of this section to provide financial assistance—

(1) to establish a scholarship program for Cambodian college and post-graduate students to study in the United States;

and

(2) to expand Cambodian participation in exchange programs of the United States Information Agency.

(b) PROGRAM.—(1) The Director of the United States Information Agency shall establish a scholarship program to enable Cambodian college students and post-graduate students to study in

the United States.

(2) The Director of the United States Information Agency shall

also include qualified Cambodian citizens in exchange programs

funded or otherwise sponsored by the Agency, in particular the

Fulbright Academic Program, the International Visitor Program,

and the Citizen Exchange Program. (c) DEFINITION.—For the purposes of this section, the term

‘‘scholarship’’ means an amount to be used for full or partial support

of tuition and fees to attend an educational institution, and may

include fees, books, and supplies, equipment required for courses

at an educational institution, living expenses at a United States

educational institution, and travel expenses to and from, and within,

the United States.

SEC. 239. INCREASING AFRICAN PARTICIPATION IN USIA EXCHANGE

PROGRAMS.

The Director of the United States Information Agency shall

expand exchange program allocations to Africa, in particular Fulbright Academic Exchanges, International Visitor Programs, and

Citizen Exchanges, and shall further encourage a broadening of

affiliations and links between United States and African institutions.

SEC. 240. ENVIRONMENT AND SUSTAINABLE DEVELOPMENT

EXCHANGE PROGRAM.

(a) PURPOSE.—The purpose of this section is to establish a

program to promote academic exchanges in disciplines relevant

to environment and sustainable development.

(b) PROGRAM AUTHORITY.—Notwithstanding any other provision

of law, the Director of the United States Information Agency,

through the Bureau of Educational and Cultural Affairs, shall provide scholarships beginning in the fiscal year 1994, and for each

fiscal year thereafter, for study at United States institutions of

higher education in furtherance of the purpose of this section for
H. R. 2333—46

foreign students who have completed their undergraduate education

and for postsecondary educators.

(c) GUIDELINES.—The scholarship program under this section

shall be carried out in accordance with the following guidelines:

(1) Consistent with section 112(b) of the Mutual Educational and Cultural Exchange Act of 1961 (22 U.S.C. 2460(b)),

all programs created pursuant to this Act shall be nonpolitical

and balanced, and shall be administered in keeping with the

highest standards of academic integrity and cost-effectiveness.

(2) The United States Information Agency shall administer

this program under the auspices of the Fulbright Academic

Exchange Program.

(3) The United States Information Agency shall ensure

the regional diversity of this program through the selection

of candidates from Asia, Africa, Latin America, as well as

Europe and the Middle East.

(d) DEFINITION.—For purposes of this section, the term ‘‘institution of higher education’’ has the same meaning given to such

term by section 1201(a) of the Higher Education Act of 1965.

SEC. 241. SOUTH PACIFIC EXCHANGE PROGRAMS.

(a) AUTHORIZED PROGRAMS.—The Director of the United States

Information Agency is authorized to award academic scholarships

to qualified students from the sovereign nations of the South Pacific

region to pursue undergraduate and postgraduate study at institutions of higher education in the United States; to make grants

to accomplished United States scholars and experts to pursue

research, to teach, or to offer training in such nations; and to

make grants for youth exchanges.

(b) LIMITATION.—Grants awarded to United States scholars

and experts may not exceed 10 percent of the total funds awarded

for any fiscal year for programs under this section.

SEC. 242. INTERNATIONAL EXCHANGE PROGRAMS INVOLVING

DISABILITY RELATED MATTERS.

(a) AUTHORITY.—In carrying out the authorities of section

102(b) of the Mutual Educational and Cultural Exchange Act of

1961 (22 U.S.C. 2452(b)), the President shall ensure that such

authorities are used to promote educational, cultural, medical, and

scientific meetings, training, research, visits, interchanges, and

other activities, with respect to disability matters, including participation by individuals with disabilities (within the meaning of section

3(2) of the Americans with Disabilities Act of 1990 (42 U.S.C.

12102(2)) in such activities, through such nonprofit organizations

as have a demonstrated capability to coordinate exchange programs

involving disability-related matters.

(b) REPORT.—Not later than 180 days after the date of enactment of this Act, the Director of the United States Information

Agency shall submit a report to Congress describing implementation

of the requirements of this section.

(c) ANNUAL SUMMARY OF ACTIVITIES.—As part of the Congressional presentation materials submitted in connection with the

annual budget request for the United States Information Agency,

the Director of the Agency shall include a summary of the international exchange activities which meet the requirements of this

section.
H. R. 2333—47

PART C—MIKE MANSFIELD FELLOWSHIPS

SEC. 251. SHORT TITLE.

This part may be cited as the ‘‘Mike Mansfield Fellowship

Act’’.

SEC. 252. ESTABLISHMENT OF FELLOWSHIP PROGRAM.

(a) ESTABLISHMENT.—(1) There is hereby established the ‘‘Mike

Mansfield Fellowship Program’’ pursuant to which the Director

of the United States Information Agency will make grants, subject

to the availability of appropriations, to the Mansfield Center for

Pacific Affairs to award fellowships to eligible United States citizens

for periods of 2 years each (or, pursuant to section 253(5)(C), for

such shorter period of time as the Center may determine based

on a Fellow’s level of proficiency in the Japanese language or

knowledge of the political economy of Japan) as follows:

(A) During the first year each fellowship recipient will

study the Japanese language as well as Japan’s political economy.

(B) During the second year each fellowship recipient will

serve as a fellow in a parliamentary office, ministry, or other

agency of the Government of Japan or, subject to the approval

of the Center, a nongovernmental Japanese institution associated with the interests of the fellowship recipient, and the

agency of the United States Government from which the fellow

originated, consistent with the purposes of this part.

(2) Fellowships under this part may be known as ‘‘Mansfield

Fellowships’’, and individuals awarded such fellowships may be

known as ‘‘Mansfield Fellows’’.

(b) ELIGIBILITY OF CENTER FOR GRANTS.—Grants may be made

to the Center under this section only if the Center agrees to comply

with the requirements of section 253.

(c) INTERNATIONAL AGREEMENT.—The Director of the United

States Information Agency should enter into negotiations for an

agreement with the Government of Japan for the purpose of placing

fellows in the Government of Japan.

(d) PRIVATE SOURCES.—The Center is authorized to accept,

use, and dispose of gifts or donations of services or property in

carrying out the fellowship program, subject to the review and

approval of the Director of the United States Information Agency.

(e) USE OF FEDERAL FACILITIES.—The National Foreign Affairs

Training Center is authorized and encouraged to assist, on a

reimbursable basis, in carrying out Japanese language training

by the Center through the provision of teachers, classroom space,

teaching materials, and facilities, to the extent that such provision

is not detrimental to the Institute’s carrying out its other responsibilities under law.

SEC. 253. PROGRAM REQUIREMENTS.

The program established under this part shall comply with

the following requirements: (1) United States citizens who are eligible for fellowships

under this part shall be employees of the Federal Government

having at least two years experience in any branch of the

Government, a strong career interest in United States-Japan

relations, and a demonstrated commitment to further service
H. R. 2333—48

in the Federal Government, and such other qualifications as

are determined by the Center.

(2) Not more than 10 fellowships may be awarded each

year of which not more than 3 shall be awarded to individuals

who are not detailed employees of the Government.

(3)(A) Fellows shall agree to maintain satisfactory progress

in language training and appropriate behavior in Japan, as

determined by the Center, as a condition of continued receipt

of Federal funds.

(B) Fellows who are not detailees shall agree to return

to the Federal Government for further employment for a period

of at least 2 years following the end of their fellowships, unless,

in the determination of the Center, the fellow is unable (for

reasons beyond the fellow’s control and after receiving assistance from the Center as provided in paragraph (8)) to find

reemployment for such period.

(4) During the period of the fellowship, the Center shall

provide—

(A) to each fellow who is not a detailee a stipend

at a rate of pay equal to the rate of pay that individual

was receiving when he or she entered the program, plus

a cost-of-living adjustment calculated at the same rate

of pay, and for the same period of time, for which such

adjustments were made to the salaries of individuals

occupying competitive positions in the civil service during

the same period as the fellowship; and

(B) to each fellow (including detailees) certain allowances and benefits as that individual would have been

entitled to, but for his or her separation from Government

service, as a United States Government civilian employee

overseas under the Standardized Regulations (Government

Civilians, Foreign Areas) of the Department of State, as

follows: a living quarters allowance to cover the higher

cost of housing in Japan, a post allowance to cover the

significantly higher costs of living in Japan, an education

allowance to assist parents in providing their children with

educational services ordinarily provided without charge by

United States public schools, moving expenses of up to

$1,000 for personal belongings of fellows and their families

in their move to Japan and one-round-trip economy-class

airline ticket to Japan for each fellow and the fellow’s

immediate family.

(5)(A) For the first year of each fellowship, the Center

shall provide fellows with intensive Japanese language training

in the Washington, D.C., area, as well as courses in the political

economy of Japan.

(B) Such training shall be of the same quality as training

provided to Foreign Service officers before they are assigned

to Japan.

(C) The Center may waive any or all of the training

required by subparagraph (A) to the extent that a fellow has

Japanese language skills or knowledge of Japan’s political economy, and the 2-year fellowship period shall be shortened to

the extent such training is less than one year.

(6) Any fellow who is not a detailee who does not comply

with the requirements of this section shall reimburse the United

States Information Agency for the Federal funds expended for
H. R. 2333—49

the Fellow’s participation in the fellowship, together with

interest on such funds (calculated at the prevailing rate), as

follows:

(A) Full reimbursement for noncompliance with paragraph (3)(A) or (9).

(B) Pro rata reimbursement for noncompliance with

paragraph (3)(B) for any period the fellow is reemployed

by the Federal Government that is less than the period

specified in paragraph (3)(B), at a rate equal to the amount

the fellow received during the final year of the fellowship

for the same period of time, including any allowances and

benefits provided under paragraph (4).

(7) The Center shall select fellows based solely on merit.

The Center shall make positive efforts to recruit candidates

reflecting the cultural, racial, and ethnic diversity of the United

States.

(8) The Center shall assist, to the extent possible, any

fellow who is not a detailee in finding employment in the

Federal Government if such fellow was not able, at the end

of the fellowship, to be reemployed in the agency from which

he or she separated to become a fellow.

(9) No fellow may engage in any intelligence or intelligencerelated activity on behalf of the United States Government.

(10) The financial records of the Center shall be audited

annually in accordance with generally accepted auditing standards by independent certified public accountants or independent

licensed public accountants, certified or licensed by a regulatory

authority of a State or other political subdivision of the United

States. The audit shall be conducted at the place or places

where the financial records of the Center are normally kept.

All books, financial records, files, and other papers, things,

and property belonging to or in use by the Center and necessary

to facilitate the audit shall be made available to the person

or persons conducting the audit, and full facilities for verifying

transactions with the balances or securities held by depositories, fiscal agents, and custodians shall be afforded to such

person or persons.

(11) The Center shall provide a report of the audit to

the Director of the United States Information Agency no later

than six months following the close of the fiscal year for which

the audit is made. The report shall set forth the scope of

the audit and include such statements, together with the

independent auditor’s opinion of those statements, as are necessary to present fairly the Center’s assets and liabilities, surplus or deficit, with reasonable detail, including a statement

of the Center’s income and expenses during the year, including

a schedule of all contracts and grants requiring payments in

excess of $5,000 and any payments of compensation, salaries,

or fees at a rate in excess of $5,000 per year. The report

shall be produced in sufficient copies for the public.

SEC. 254. SEPARATION OF GOVERNMENT PERSONNEL DURING THE

FELLOWSHIPS.

(a) SEPARATION.—Under such terms and conditions as the

agency head may direct, any agency of the United States Government may separate from Government service for a specified period

any officer or employee of that agency who accepts a fellowship
H. R. 2333—50

under the program established by this part and is not detailed

under section 255.

(b) REEMPLOYMENT.—Any fellow who is not a detailee, at the

end of the fellowship, is entitled to be reemployed in the same

manner as if covered by section 3582 of title 5, United States

Code.

(c) RIGHTS AND BENEFITS.—Notwithstanding section 8347(o),

8713, or 8914 of title 5, United States Code, and in accordance

with regulations of the Office of Personnel Management, an

employee, while serving as a fellow who is not a detailee, is entitled

to the same rights and benefits as if covered by section 3582

of title 5, United States Code. The Center shall reimburse the

employing agency for any costs incurred under section 3582 of

title 5, United States Code.

(d) COMPLIANCE WITH BUDGET ACT.—Funds are available under

this section to the extent and in the amounts provided in appropriation Acts.

SEC. 255. MANSFIELD FELLOWS ON DETAIL FROM GOVERNMENT

SERVICE.

(a) IN GENERAL.—(1) An agency head may detail, for a period

of not more than 2 years, an employee of the agency who has

been awarded a Mansfield Fellowship, to the Center.

(2) Each fellow who is detailed under this section shall enter

into a written agreement with the Federal Government before

receiving a fellowship that the fellow will—

(A) continue in the service of the fellow’s agency at the

end of the fellowship for a period of at least 2 years unless

the fellow is involuntarily separated from the service of such

agency; and

(B) pay to the United States Information Agency any additional expenses incurred by the Federal Government in connection with the fellowship if the fellow is voluntarily separated

from service with the fellow’s agency before the end of the

period for which the fellow has agreed to continue in the

service of such agency.

(3) The payment agreed to under paragraph (2)(B) may not

be required of a fellow who leaves the service of such agency

to enter into the service of another agency in any branch of the

United States Government unless the head of the agency that

authorized the fellowship notifies the employee before the effective

date of entry into the service of the other agency that payment

will be required under this section.

(b) STATUS AS GOVERNMENT EMPLOYEE.—A fellow detailed

under subsection (a) is deemed, for the purpose of preserving allowances, privileges, rights, seniority, and other benefits, an employee

of the agency from which detailed, and is entitled to pay, allowances,

and benefits from funds available to that agency. The authorization

and payment of such allowances and other benefits from appropriations available therefore is deemed to comply with section 5536

of title 5, United States Code.

(c) REIMBURSEMENT.—Fellows may be detailed under subsection

(a) without reimbursement to the United States by the Center.

(d) ALLOWANCES AND BENEFITS.—A fellow detailed under subsection (a) may be paid by the Center for allowances and benefits

listed in section 253(4)(B).
H. R. 2333—51

SEC. 256. LIABILITY FOR REPAYMENTS.

If any fellow fails to fulfill the fellow’s agreement to pay the United States Information Agency for the expenses incurred by

the United States Information Agency in connection with the fellowship, a sum equal to the amount of the expenses of the fellowship

shall be recoverable by the United States Information Agency from

the fellow (or a legal representative) by— (1) setoff against accrued pay, compensation, amount of retirement credit, or other amount due the fellow from the

Federal Government; and

(2) such other method as is provided by law for the recovery

of amounts owing to the Federal Government.

SEC. 257. DEFINITIONS.

For purposes of this part—

(1) the term ‘‘agency of the United States Government’’

includes any agency of the legislative branch and any court

of the judicial branch as well as any agency of the executive

branch;

(2) the term ‘‘agency head’’ means—

(A) in the case of the executive branch of Government

or an agency of the legislative branch other than the House

of Representatives or the Senate, the head of the respective

agency;

(B) in the case of the judicial branch of Government,

the chief judge of the respective court;

(C) in the case of the Senate, the President pro tempore, in consultation with the Majority Leader and Minority

Leader of the Senate; and

(D) in the case of the House of Representatives, the

Speaker of the House, in consultation with the Majority

Leader and Minority Leader of the House;

(3) the term ‘‘Center’’ means the Mansfield Center for

Pacific Affairs; and

(4) the term ‘‘detailee’’ means an employee of an agency

of the United States Government on assignment or loan to

the Mansfield Center for Pacific Affairs without a change of

position from the agency by which he or she is employed.

TITLE III—UNITED STATES

INTERNATIONAL BROADCASTING ACT

SEC. 301. SHORT TITLE.

This title may be cited as the ‘‘United States International

Broadcasting Act of 1994’’.

SEC. 302. CONGRESSIONAL FINDINGS AND DECLARATION OF PURPOSES.

The Congress makes the following findings and declarations: (1) It is the policy of the United States to promote the

right of freedom of opinion and expression, including the freedom ‘‘to seek, receive, and impart information and ideas through

any media and regardless of frontiers,’’ in accordance with

Article 19 of the Universal Declaration of Human Rights.

(2) Open communication of information and ideas among

the peoples of the world contributes to international peace
H. R. 2333—52

and stability and the promotion of such communication is in

the interests of the United States.

(3) It is in the interest of the United States to support

broadcasting to other nations consistent with the requirements

of this title.

(4) The continuation of existing United States international

broadcasting, and the creation of a new broadcasting service

to the people of the People’s Republic of China and other

countries of Asia which lack adequate sources of free information, would enhance the promotion of information and ideas,

while advancing the goals of United States foreign policy.

(5) The reorganization and consolidation of United States

international broadcasting will achieve important economies

and strengthen the capability of the United States to use broadcasting to support freedom and democracy in a rapidly changing

international environment.

SEC. 303. STANDARDS AND PRINCIPLES.

(a) BROADCASTING STANDARDS.—United States international

broadcasting shall—

(1) be consistent with the broad foreign policy objectives

of the United States;

(2) be consistent with the international telecommunications

policies and treaty obligations of the United States;

(3) not duplicate the activities of private United States

broadcasters;

(4) not duplicate the activities of government supported

broadcasting entities of other democratic nations;

(5) be conducted in accordance with the highest professional

standards of broadcast journalism;

(6) be based on reliable information about its potential

audience; and

(7) be designed so as to effectively reach a significant

audience.

(b) BROADCASTING PRINCIPLES.—United States international

broadcasting shall include—

(1) news which is consistently reliable and authoritative,

accurate, objective, and comprehensive;

(2) a balanced and comprehensive projection of United

States thought and institutions, reflecting the diversity of

United States culture and society;

(3) clear and effective presentation of the policies of the

United States Government and responsible discussion and opinion on those policies;

(4) programming to meet needs which remain unserved

by the totality of media voices available to the people of certain

nations;

(5) information about developments in each significant

region of the world;

(6) a variety of opinions and voices from within particular

nations and regions prevented by censorship or repression from

speaking to their fellow countrymen;

(7) reliable research capacity to meet the criteria under

this section;

(8) adequate transmitter and relay capacity to support

the activities described in this section; and
H. R. 2333—53

(9) training and technical support for independent indigenous media through government agencies or private United

States entities.

SEC. 304. ESTABLISHMENT OF BROADCASTING BOARD OF GOVERNORS.

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

United States Information Agency a Broadcasting Board of Governors (hereafter in this title referred to as the ‘‘Board’’).

(b) COMPOSITION OF THE BOARD.—

(1) The Board shall consist of 9 members, as follows:

(A) 8 voting members who shall be appointed by the

President, by and with the advice and consent of the

Senate.

(B) The Director of the United States Information

Agency who shall also be a voting member.

(2) The President shall designate one member (other than

the Director of the United States Information Agency) as Chairman of the Board.

(3) Exclusive of the Director of the United States Information Agency, not more than 4 of the members of the Board

appointed by the President shall be of the same political party.

(c) TERM OF OFFICE.—The term of office of each member of

the Board shall be three years, except that the Director of the

United States Information Agency shall remain a member of the

Board during the Director’s term of service. Of the other 8 voting

members, the initial terms of office of two members shall be one

year, and the initial terms of office of 3 other members shall

be two years, as determined by the President. The President shall

appoint, by and with the advice and consent of the Senate, Board

members to fill vacancies occurring prior to the expiration of a

term, in which case the members so appointed shall serve for

the remainder of such term. Any member whose term has expired

may serve until a successor has been appointed and qualified.

When there is no Director of the United States Information Agency,

the acting Director of the agency shall serve as a member of

the Board until a Director is appointed.

(d) SELECTION OF BOARD.—Members of the Board appointed

by the President shall be citizens of the United States who are

not regular full-time employees of the United States Government.

Such members shall be selected by the President from among Americans distinguished in the fields of mass communications, print,

broadcast media, or foreign affairs. (e) COMPENSATION.—Members of the Board, while attending

meetings of the Board or while engaged in duties relating to such

meetings or in other activities of the Board pursuant to this section

(including travel time) shall be entitled to receive compensation

equal to the daily equivalent of the compensation prescribed for

level IV of the Executive Schedule under section 5315 of title

5, United States Code. While away from their homes or regular

places of business, members of the Board may be allowed travel

expenses, including per diem in lieu of subsistence, as authorized

by law (5 U.S.C. 5703) for persons in the Government service

employed intermittently. The Director of the United States Information Agency shall not be entitled to any compensation under this

title, but may be allowed travel expenses as provided under this

subsection.
H. R. 2333—54

(f) DECISIONS.—Decisions of the Board shall be made by majority vote, a quorum being present. A quorum shall consist of 5

members.

SEC. 305. AUTHORITIES OF THE BOARD.

(a) AUTHORITIES.—The Board shall have the following authorities:

(1) To direct and supervise all broadcasting activities conducted pursuant to this title, the Radio Broadcasting to Cuba

Act, and the Television Broadcasting to Cuba Act.

(2) To review and evaluate the mission and operation of,

and to assess the quality, effectiveness, and professional integrity of, all such activities within the context of the broad foreign

policy objectives of the United States.

(3) To ensure that United States international broadcasting

is conducted in accordance with the standards and principles

contained in section 303.

(4) To review, evaluate, and determine, at least annually,

the addition or deletion of language services.

(5) To make and supervise grants for broadcasting and

related activities in accordance with sections 308 and 309.

(6) To allocate funds appropriated for international broadcasting activities among the various elements of the International Broadcasting Bureau and grantees, subject to the

limitations in sections 308 and 309 and subject to

reprogramming notification requirements in law for the

reallocation of funds.

(7) To review engineering activities to ensure that all broadcasting elements receive the highest quality and cost-effective

delivery services. (8) To undertake such studies as may be necessary to

identify areas in which broadcasting activities under its authority could be made more efficient and economical. (9) To submit to the President and the Congress, through

the Director of the United States Information Agency, an

annual report which summarizes and evaluates activities under

this title, the Radio Broadcasting to Cuba Act, and the Television Broadcasting to Cuba Act. (10) To the extent considered necessary to carry out the

functions of the Board, procure supplies, services, and other

personal property. (11) To appoint such staff personnel for the Board as the

Board may determine to be necessary, subject to the provisions

of title 5, United States Code, governing appointments in the

competitive service, and to fix their compensation in accordance

with the provisions of chapter 51 and subchapter III of chapter

53 of such title relating to classification and General Schedule

pay rates.

(12) To obligate and expend, for official reception and representation expenses, such amount as may be made available

through appropriations (which for each of the fiscal years 1994

and 1995 may not exceed the amount made available to the

Board for International Broadcasting for such purposes for

fiscal year 1993).

(13) To make available in the annual report required by

paragraph (9) information on funds expended on administrative

and managerial services by the Bureau and by grantees and
H. R. 2333—55

the steps the Board has taken to reduce unnecessary overhead

costs for each of the broadcasting services.

(14) The Board may provide for the use of United States

Government transmitter capacity for relay to Radio Free Asia.

(b) BROADCASTING BUDGETS.—

(1) The Director of the Bureau and the grantees identified

in sections 308 and 309 shall submit proposed budgets to the

Board. The Board shall forward its recommendations concerning the proposed budget for the Board and broadcasting activities under this title, the Radio Broadcasting to Cuba Act, and

the Television Broadcasting to Cuba Act to the Director of

the United States Information Agency for the consideration

of the Director as a part of the Agency’s budget submission

to the Office of Management and Budget.

(2) The Director of the United States Information Agency

shall include in the Agency’s submission to the Office of

Management and Budget the comments and recommendations

of the Board concerning the proposed broadcasting budget.

(c) IMPLEMENTATION.—The Director of the United States

Information Agency and the Board, in carrying out their functions,

shall respect the professional independence and integrity of the

International Broadcasting Bureau, its broadcasting services, and

grantees.

(d) TECHNICAL AMENDMENT.—

(1) Section 4 of the Radio Broadcasting to Cuba Act (22

U.S.C. 1465b) is amended by striking ‘‘and the Associate Director for Broadcasting of the United States Information Agency’’

and inserting ‘‘of the Voice of America’’. (2) Section 5(b) of the Radio Broadcasting to Cuba Act (22 U.S.C.1465c(b)) is amended by striking ‘‘Director and Associate Director for Broadcasting of the United States Information

Agency’’ and inserting ‘‘Broadcasting Board of Governors’’.

SEC. 306. FOREIGN POLICY GUIDANCE.

To assist the Board in carrying out its functions, the Secretary

of State, acting through the Director of the United States Information Agency, shall provide information and guidance on foreign

policy issues to the Board.

SEC. 307. INTERNATIONAL BROADCASTING BUREAU.

(a) ESTABLISHMENT.—There is hereby established an International Broadcasting Bureau within the United States Information

Agency (hereafter in this title referred to as the ‘‘Bureau’’), to

carry out all nonmilitary international broadcasting activities supported by the United States Government other than those described

in sections 308 and 309.

(b) SELECTION OF THE DIRECTOR OF THE BUREAU.—

(1) The Director of the Bureau shall be appointed by the

Chairman of the Board, in consultation with the Director of

the United States Information Agency and with the concurrence

of a majority of the Board. The Director of the Bureau shall

be entitled to receive compensation at the rate prescribed by

law for level IV of the Executive Schedule.

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

by adding at the end the following:

‘‘Director of the International Broadcasting Bureau, the

United States Information Agency.’’.
H. R. 2333—56

SEC. 308. LIMITS ON GRANTS FOR RADIO FREE EUROPE AND RADIO

LIBERTY.

(a) BOARD OF RFE/RL, INCORPORATED.—The Board may not make any grant to RFE/RL, Incorporated, unless the certificate

of incorporation of RFE/RL, Incorporated, has been amended to

provide that— (1) the Board of Directors of RFE/RL, Incorporated, shall

consist of the members of the Broadcasting Board of Governors

established under section 304 and of no other members; and

(2) such Board of Directors shall make all major policy determinations governing the operation of RFE/RL, Incorporated, and shall appoint and fix the compensation of such

managerial officers and employees of RFE/RL, Incorporated,

as it considers necessary to carry out the purposes of the

grant provided under this title.

(b) LOCATION OF PRINCIPAL PLACE OF BUSINESS.— (1) The Board may not make any grant to RFE/RL, Incor- porated unless the headquarters of RFE/RL, Incorporated and

its senior administrative and managerial staff are in a location

which ensures economy, operational effectiveness, and accountability to the Board.

(2) Not later than 90 days after confirmation of all members

of the Board, the Board shall provide a report to Congress

on the number of administrative, managerial, and technical

staff of RFE/RL, Incorporated who will be located within the

metropolitan area of Washington, D.C., and the number of

employees whose principal place of business will be located

outside the metropolitan area of Washington, D.C.

(c) LIMITATION ON GRANT AMOUNTS.—The total amount of

grants made by the Board for the operating costs of Radio Free

Europe and Radio Liberty may not exceed $75,000,000 for any

fiscal year after fiscal year 1995.

(d) ALTERNATIVE GRANTEE.—If the Board determines at any

time that RFE/RL, Incorporated, is not carrying out the functions

described in section 309 in an effective and economical manner,

the Board may award the grant to carry out such functions to

another entity after soliciting and considering applications from

eligible entities in such manner and accompanied by such information as the Board may reasonably require.

(e) NOT A FEDERAL AGENCY OR INSTRUMENTALITY.—Nothing

in this title may be construed to make RFE/RL, Incorporated a

Federal agency or instrumentality.

(f) AUTHORITY.—Grants authorized under section 305 for RFE/

RL, Incorporated, shall be available to make annual grants for

the purpose of carrying out similar functions as were carried out

by RFE/RL, Incorporated, on the day before the date of enactment

of this Act with respect to Radio Free Europe and Radio Liberty,

consistent with section 2 of the Board for International Broadcasting

Act of 1973, as in effect on such date.

(g) GRANT AGREEMENT.—Grants to RFE/RL, Incorporated, by

the Board shall only be made in compliance with a grant agreement.

The grant agreement shall establish guidelines for such grants.

The grant agreement shall include the following provisions—

(1) that a grant be used only for activities which the Board

determines are consistent with the purposes of subsection (f);

(2) that RFE/RL, Incorporated, shall otherwise comply with

the requirements of this section;
H. R. 2333—57

(3) that failure to comply with the requirements of this

section may result in suspension or termination of a grant

without further obligation by the Board or the United States;

(4) that duplication of language services and technical operations between RFE/RL, Incorporated and the International

Broadcasting Bureau be reduced to the extent appropriate,

as determined by the Board; and

(5) that RFE/RL, Incorporated, justify in detail each proposed expenditure of grant funds, and that such funds may

not be used for any other purpose unless the Board gives

its prior written approval.

(h) PROHIBITED USES OF GRANT FUNDS.—No grant funds provided under this section may be used for the following purposes:

(1)(A) Except as provided in subparagraph (B), to pay any

salary or other compensation, or enter into any contract providing for the payment of salary or compensation in excess of

the rates established for comparable positions under title 5

of the United States Code or the foreign relations laws of

the United States, except that no employee may be paid a

salary or other compensation in excess of the rate of pay payable

for level IV of the Executive Schedule under section 5315 of

title 5, United States Code.

(B) Salary and other compensation limitations under

subparagraph (A) shall not apply prior to October 1, 1995,

with respect to any employee covered by a union agreement

requiring a salary or other compensation in excess of such

limitations.

(2) For any activity for the purpose of influencing the

passage or defeat of legislation being considered by Congress.

(3) To enter into a contract or obligation to pay severance

payments for voluntary separation for employees hired after

December 1, 1990, except as may be required by United States

law or the laws of the country where the employee is stationed.

(4) For first class travel for any employee of RFE/RL,

Incorporated, or the relative of any employee.

(5) To compensate freelance contractors without the

approval of the Board.

(i) REPORT ON MANAGEMENT PRACTICES.—(1) Effective not later

than March 31 and September 30 of each calendar year, the Inspector General of the United States Information Agency shall submit

to the Board, the Director of the United States Information Agency,

and the Congress a report on management practices of RFE/RL,

Incorporated, under this section. The Inspector General of the

United States Information Agency shall establish a special unit

within the Inspector General’s office to monitor and audit the

activities of RFE/RL, Incorporated, and shall provide for on-site

monitoring of such activities.

(j) AUDIT AUTHORITY.—

(1) Such financial transactions of RFE/RL, Incorporated,

as relate to functions carried out under this section may be

audited by the General Accounting Office in accordance with

such principles and procedures and under such rules and regulations as may be prescribed by the Comptroller General of

the United States. Any such audit shall be conducted at the

place or places where accounts of RFE/RL, Incorporated, are

normally kept.
H. R. 2333—58

(2) Representatives of the General Accounting Office shall

have access to all books, accounts, records, reports, files, papers,

and property belonging to or in use by RFE/RL, Incorporated

pertaining to such financial transactions and necessary to facilitate an audit. Such representatives shall be afforded full

facilities for verifying transactions with any assets held by

depositories, fiscal agents, and custodians. All such books,

accounts, records, reports, files, papers, and property of RFE/

RL, Incorporated, shall remain in the possession and custody

of RFE/RL, Incorporated.

(3) Notwithstanding any other provision of law and upon

repeal of the Board for International Broadcasting Act, the

Inspector General of the United States Information Agency

is authorized to exercise the authorities of the Inspector General

Act of 1978 with respect to RFE/RL, Incorporated.

(k) PLAN FOR RELOCATION.—None of the funds authorized to

be appropriated for the fiscal years 1994 or 1995 may be used

to relocate the offices or operations of RFE/RL, Incorporated from

Munich, Germany, unless—

(1) such relocation is specifically provided for in an appropriation Act or pursuant to a reprogramming notification; and

(2)(A) such relocation is authorized by the Board and the

Board submits to the Comptroller General of the United States

and the appropriate Congressional committees a detailed plan

for such relocation, including cost estimates and any and all

fiscal data, audits, business plans, and other documents which

justify such relocation; or

(B) prior to the confirmation of all members of the Board,

such relocation is authorized by the President, the President

certifies that a significant national interest requires that such

relocation determination be made before the confirmation of

all members of the Board, and the President submits to the

Comptroller General of the United States and the appropriate

congressional committees a detailed plan for such relocation,

including cost estimates and any and all fiscal data, audits,

business plans, and other documents which justify such relocation.

(l) REPORTS ON PERSONNEL CLASSIFICATION.—Not later than

90 days after the date of confirmation of all members of the Board,

the Board shall submit a report to the Congress containing a

justification, in terms of the types of duties performed at specific

rates of salary and other compensation, of the classification of

personnel employed by RFE/RL, Incorporated. The report shall

include a comparison of the rates of salary or other compensation

and classifications provided to employees of RFE/RL, Incorporated,

with the rates of salary or other compensation and classifications

of employees of the Voice of America stationed overseas in comparable positions and shall identify any disparities and steps which

should be taken to eliminate such disparities.

SEC. 309. RADIO FREE ASIA.

(a) AUTHORITY.—

(1) Grants authorized under section 305 shall be available

to make annual grants for the purpose of carrying out radio

broadcasting to the following countries: The People’s Republic

of China, Burma, Cambodia, Laos, North Korea, Tibet, and

Vietnam.
H. R. 2333—59

(2) Such broadcasting service shall be referred to as ‘‘Radio

Free Asia’’.

(b) FUNCTIONS.—Radio Free Asia shall—

(1) provide accurate and timely information, news, and

commentary about events in the respective countries of Asia

and elsewhere; and

(2) be a forum for a variety of opinions and voices from

within Asian nations whose people do not fully enjoy freedom

of expression.

(c) SUBMISSION OF DETAILED PLAN FOR RADIO FREE ASIA.—

(1) No grant may be awarded to carry out this section

unless the Board, through the Director of the United States

Information Agency, has submitted to Congress a detailed plan

for the establishment and operation of Radio Free Asia,

including—

(A) a description of the manner in which Radio Free

Asia would meet the funding limitations provided in subsection (d)(4);

(B) a description of the numbers and qualifications

of employees it proposes to hire; and

(C) how it proposes to meet the technical requirements

for carrying out its responsibilities under this section.

(2) The plan required by paragraph (1) shall be submitted

not later than 90 days after the date on which all members

of the Board are confirmed.

(3) No grant may be awarded to carry out the provisions

of this section unless the plan submitted by the Board includes

a certification by the Board that Radio Free Asia can be established and operated within the funding limitations provided

for in subsection (d)(4) and subsection (d)(5).

(4) If the Board determines that a Radio Free Asia cannot

be established or operated effectively within the funding limitations provided for in this section, the Board may submit,

through the Director of the United States Information Agency,

an alternative plan and such proposed changes in legislation

as may be necessary to the appropriate congressional committees.

(d) GRANT AGREEMENT.—Any grant agreement or grants under

this section shall be subject to the following limitations and restrictions:

(1)(A) The Board may not make any grant to Radio Free

Asia unless the headquarters of Radio Free Asia and its senior

administrative and managerial staff are in a location which

ensures economy, operational effectiveness, and accountability

to the Board.

(B) Not later than 90 days after confirmation of the Board,

the Board shall provide a report to Congress on the number

of administrative, managerial, and technical staff of Radio Free

Asia who will be located within the metropolitan area of

Washington, D.C., and the number of employees whose principal place of business will be located outside the metropolitan

area of Washington, D.C.

(2) Any grant agreement under this section shall require

that any contract entered into by Radio Free Asia shall specify

that all obligations are assumed by Radio Free Asia and not

by the United States Government, and shall further specify
H. R. 2333—60

that funds to carry out the activities of Radio Free Asia may

not be available after September 30, 1999.

(3) Any grant agreement shall require that any lease agreements entered into by Radio Free Asia shall be, to the maximum

extent possible, assignable to the United States Government.

(4) Grants made for the operating costs of Radio Free

Asia may not exceed $22,000,000 in any fiscal year.

(5) The total amount of grant funds made available for

one-time capital costs of Radio Free Asia may not exceed

$8,000,000.

(6) Grants awarded under this section shall be made pursuant to a grant agreement which requires that grant funds

be used only for activities consistent with this section, and

that failure to comply with such requirements shall permit

the grant to be terminated without fiscal obligation to the

United States.

(e) LIMITATIONS ON ADMINISTRATIVE AND MANAGERIAL COSTS.—

It is the sense of the Congress that administrative and managerial

costs for operation of Radio Free Asia should be kept to a minimum

and, to the maximum extent feasible, should not exceed the costs

that would have been incurred if Radio Free Asia had been operated

as a Federal entity rather than as a grantee.

(f) ASSESSMENT OF THE EFFECTIVENESS OF RADIO FREE ASIA.—

Not later than 3 years after the date on which initial funding

is provided for the purpose of operating Radio Free Asia, the Board

shall submit to the appropriate congressional committees a report

on—

(1) whether Radio Free Asia is technically sound and costeffective,

(2) whether Radio Free Asia consistently meets the standards for quality and objectivity established by this title,

(3) whether Radio Free Asia is received by a sufficient

audience to warrant its continuation,

(4) the extent to which such broadcasting is already being

received by the target audience from other credible sources;

and

(5) the extent to which the interests of the United States

are being served by maintaining broadcasting of Radio Free

Asia.

(g) SUNSET PROVISION.—The Board may not make any grant

for the purpose of operating Radio Free Asia after September 30,

1998, unless the President of the United States determines in

the President’s fiscal year 1999 budget submission that continuation

of funding for Radio Free Asia for 1 additional year is in the

interest of the United States.

(h) NOTIFICATION AND CONSULTATION REGARDING DISPLACEMENT OF VOICE OF AMERICA BROADCASTING.—The Board shall notify

the appropriate congressional committees before entering into any

agreements for the utilization of Voice of America transmitters,

equipment, or other resources that will significantly reduce the

broadcasting activities of the Voice of America in Asia or any

other region in order to accommodate the broadcasting activities

of Radio Free Asia. The Chairman of the Board shall consult with

such committees on the impact of any such reduction in Voice

of America broadcasting activities.
H. R. 2333—61

(i) NOT A FEDERAL AGENCY OR INSTRUMENTALITY.—Nothing

in this title may be construed to make Radio Free Asia a Federal

agency or instrumentality.

SEC. 310. TRANSITION.

(a) AUTHORIZATION.—

(1) The President is authorized consistent with the purposes of this Act to direct the transfer of all functions and

authorities from the Board for International Broadcasting to

the United States Information Agency, the Board, or the Bureau

as may be necessary to implement this title.

(2)(A) Not later than 120 days after the date of enactment

of this Act, the Director of the United States Information

Agency and the Chairman of the Board for International Broadcasting shall jointly prepare and submit to the President for

approval and implementation a plan to implement the provisions of this title. Such plan shall include at a minimum a

detailed cost analysis to implement fully the recommendations

of such plan. The plan shall identify all costs in excess of

those authorized for such purposes and shall provide that any

excess cost to implement the plan shall be derived only from

funds authorized in section 201 of this Act.

(B) The President shall transmit copies of the approved

plan, together with any recommendations for legislative

changes that may be necessary, to the appropriate congressional

committees.

(b) NEW APPOINTEES.—The Director of the United States

Information Agency may assign employees of the Agency for service

with RFE/RL, Incorporated, with the concurrence of the president

of RFE/RL, Incorporated. Such assignment shall not affect the

rights and benefits of such personnel as employees of the United

States Information Agency.

(c) BOARD FOR INTERNATIONAL BROADCASTING PERSONNEL.—

All Board for International Broadcasting full-time United States

Government personnel (except special Government employees) and

part-time United States Government personnel holding permanent

positions shall be transferred to the United States Information

Agency, the Board, or the Bureau. Such transfer shall not cause

any such employee to be separated or reduced in grade or compensation.

(d) OTHER AUTHORITIES.—The Director of the United States

Information Agency is authorized to utilize the provisions of titles

VIII and IX of the United States Information and Educational

Exchange Act of 1948, and any other authority available to the

Director on the date of enactment of this Act, to the extent that

the Director considers necessary in carrying out the provisions

and purposes of this title.

(e) REPEAL.—The Board for International Broadcasting Act of

1973 (22 U.S.C. 2871, et seq.) is repealed effective September 30,

1995, or the date on which all members of the Board are confirmed,

whichever is earlier.

(f) SAVINGS PROVISIONS.—

(1) CONTINUING EFFECT OF LEGAL DOCUMENTS.—All orders,

determinations, rules, regulations, permits, agreements, grants,

contracts, certificates, licenses, registrations, privileges, and

other administrative actions—
H. R. 2333—62

(A) which have been issued, made, granted, or allowed

to become effective by the President, any Federal agency

or official thereof, or by a court of competent jurisdiction,

in the performance of functions which are transferred under

this title; and

(B) which are in effect at the time this title takes

effect, or were final before the effective date of this title

and are to become effective on or after the effective date

of this title,

shall continue in effect according to their terms until modified,

terminated, superseded, set aside, or revoked in accordance

with law by the President, the Director of the United States

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

(2) PROCEEDINGS NOT AFFECTED.—The provisions of this

title shall not affect any proceedings pending before the Board

for International Broadcasting at the time this title takes effect,

with respect to functions transferred by this title, but such

proceedings shall be continued. Orders shall be issued in such

proceedings, appeals shall be taken therefrom, and payments

shall be made pursuant to such orders, as if this title had

not been enacted, and orders issued in any such proceedings

shall continue in effect until modified, terminated, superseded,

or revoked by a duly authorized official, by a court of competent

jurisdiction, or by operation of law. Nothing in this subsection

shall be deemed to prohibit the termination or modification

of any such proceeding under the same terms and conditions

and to the same extent that such proceeding could have been

terminated or modified if this title had not been enacted.

(3) SUITS NOT AFFECTED.—The provisions of this title shall

not affect suits commenced before the effective date of this

title, and in all such suits, proceedings shall be had, appeals

taken, and judgments rendered in the same manner and with

the same effect as if this title had not been enacted.

(4) NONABATEMENT OF ACTIONS.—No suit, action, or other

proceeding commenced by or against the Board for International

Broadcasting or by or against any individual in the official

capacity of such individual as an officer of the Board for International Broadcasting shall abate by reason of the enactment

of this title.

(5) ADMINISTRATIVE ACTIONS RELATING TO PROMULGATION

OF REGULATIONS.—Any administrative action relating to the

preparation or promulgation of a regulation by the Board for

International Broadcasting relating to a function transferred

under this title may be continued by the United States Information Agency with the same effect as if this title had not been

enacted.

(6) REFERENCES.—A reference in any provision of law,

reorganization plan, or other authority to the Associate Director

for Broadcasting of the United States Information Agency shall

be considered to be a reference to the Director of the International Broadcasting Bureau of the United States Information

Agency.

(7) EFFECT ON OTHER LAWS.—The provisions of, and

authorities contained in or transferred pursuant to, this title

are not intended to repeal, limit, or otherwise derogate from

the authorities or functions of or available to the Director
H. R. 2333—63

of the United States Information Agency or the Secretary of

State under law, reorganization plan, or otherwise, unless such

provision hereof— (A) specifically refers to the provision of law or author- ity existing on the effective date of this title, so affected;

or

(B) is in direct conflict with such law or authority existing on the effective date of this title.

SEC. 311. PRESERVATION OF AMERICAN JOBS.

It is the sense of the Congress that the Director of the United States Information Agency and the Chairman of the Board for

International Broadcasting should, in developing the plan for

consolidation and reorganization of overseas international broadcasting services, limit, to the maximum extent feasible, consistent

with the purposes of the consolidation, elimination of any United

States-based positions and should affirmatively seek to transfer

as many positions as possible to the United States.

SEC. 312. PRIVATIZATION OF RADIO FREE EUROPE AND RADIO LIBERTY.

(a) DECLARATION OF POLICY.—It is the sense of the Congress

that, in furtherance of the objectives of section 302 of this Act,

the funding of Radio Free Europe and Radio Liberty should be

assumed by the private sector not later than December 31, 1999,

and that the funding of Radio Free Europe and Radio Liberty

Research Institute should be assumed by the private sector at

the earliest possible time.

(b) PRESIDENTIAL SUBMISSION.—The President shall submit

with his annual budget submission as provided for in section 307

an analysis and recommendations for achieving the objectives of

subsection (a).

(c) REPORTS ON TRANSFER OF RFE/RL RESEARCH INSTITUTE.—

Not later than 120 days after the date of enactment of this Act,

the Board for International Broadcasting, or the Board, if established, shall submit to the appropriate congressional committees

a report on the steps being taken to transfer RFE/RL Research

Institute pursuant to subsection (a) and shall provide periodic

progress reports on such efforts until such transfer has been

achieved.

SEC. 313. REQUIREMENT FOR AUTHORIZATION OF APPROPRIATIONS.

(a) LIMITATION ON OBLIGATION AND EXPENDITURE OF FUNDS.— Notwithstanding any other provision of law, for the fiscal year

1994 and for each subsequent fiscal year, any funds appropriated

for the purposes of broadcasting subject to the direction and supervision of the Board shall not be available for obligation or

expenditure—

(1) unless such funds are appropriated pursuant to an

authorization of appropriations; or

(2) in excess of the authorized level of appropriations.

(b) SUBSEQUENT AUTHORIZATION.—The limitation under subsection (a) shall not apply to the extent that an authorization

of appropriations is enacted after such funds are appropriated.

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

(1) may not be superseded, except by a provision of law

which specifically repeals, modifies, or supersedes the provisions of this section; and
H. R. 2333—64

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

appropriations, trust funds, and other similar accounts which

are authorized by law and administered under or pursuant

to this title.

SEC. 314. DEFINITIONS.

For the purposes of this title—

(1) the term ‘‘appropriate congressional committees’’ means

the Committee on Foreign Relations and the Committee on

Appropriations of the Senate and the Committee on Foreign

Affairs and the Committee on Appropriations of the House

of Representatives;

(2) the term ‘‘RFE/RL, Incorporated’’ includes—

(A) the corporation having the corporate title described

in section 307(b)(3); and

(B) any alternative grantee described in section 307(e);

and

(3) the term ‘‘salary or other compensation’’ includes any

deferred compensation or pension payments, any payments for

expenses for which the recipient is not obligated to itemize,

and any payments for personnel services provided to an

employee of RFE/RL, Incorporated.

SEC. 315. TECHNICAL AND CONFORMING AMENDMENTS.

(a) VOICE OF AMERICA BROADCASTS.—Section 503 of the United

States Information and Educational Exchange Act of 1948 (22

U.S.C. 1463) is repealed.

(b) ISRAEL RELAY STATION.—Section 301(c) of the Foreign Relations Authorization Act, Fiscal Years 1990 and 1991, is repealed.

(c) BOARD FOR INTERNATIONAL BROADCASTING ACT.—Section

4(a)(1) of the Board for International Broadcasting Act of 1973

is amended to read as follows:

‘‘(1) to make grants to RFE/RL, Incorporated and, until

September 30, 1995, to make grants to entities established

in the privatization of certain functions of RFE/RL, Incorporated in order to carry out the purposes set forth in

section 2 of this Act;’’.

TITLE IV—INTERNATIONAL

ORGANIZATIONS

PART A—UNITED NATIONS REFORM AND

PEACEKEEPING OPERATIONS

SEC. 401. UNITED NATIONS OFFICE OF INSPECTOR GENERAL.

(a) WITHHOLDING OF PORTION OF CERTAIN ASSESSED CONTRIBU- TIONS.—Until a certification is made under subsection (b), the following amounts shall be withheld from obligation and expenditure

(in addition to any amounts required to be withheld by any other

provision of this Act):

(1) FY 1994 ASSESSED CONTRIBUTIONS FOR U.N. REGULAR

BUDGET.—Of the funds appropriated for ‘‘Contributions to International Organizations’’ for fiscal year 1994, 10 percent of the

amount for United States assessed contributions to the regular

budget of the United Nations shall be withheld.
H. R. 2333—65

(2) FY 1995 ASSESSED CONTRIBUTIONS FOR U.N. REGULAR

BUDGET.—Of the funds appropriated for ‘‘Contributions to International Organizations’’ for fiscal year 1995, 20 percent of the

amount for United States assessed contributions to the regular

budget of the United Nations shall be withheld.

(3) SUPPLEMENTAL ASSESSED PEACEKEEPING CONTRIBUTIONS.—Of the funds appropriated for ‘‘Contributions for International Peacekeeping Activities’’ for a fiscal year pursuant

to the authorization of appropriations under section 102(d),

50 percent shall be withheld.

(b) CERTIFICATION.—The certification referred to in subsection

(a) is a certification by the President to the Congress that—

(1) the United Nations has established an independent

office of Inspector General to conduct and supervise objective

audits, inspections, and investigations relating to the programs

and operations of the United Nations;

(2) the Secretary General of the United Nations has

appointed an Inspector General, with the approval of the General Assembly, and that appointment was made principally

on the basis of the appointee’s integrity and demonstrated

ability in accounting, auditing, financial analysis, law, management analysis, public administration, or investigations;

(3) the Inspector General is authorized to—

(A) make investigations and reports relating to the

administration of the programs and operations of the

United Nations;

(B) have access to all records, documents, and other

available materials relating to those programs and operations; and

(C) have direct and prompt access to any official of

the United Nations;

(4) the United Nations has procedures in place designed

to protect the identity of, and to prevent reprisals against,

any staff member making a complaint or disclosing information

to, or cooperating in any investigation or inspection by, the

Inspector General;

(5) the United Nations has procedures in place designed

to ensure compliance with the recommendations of the Inspector

General; and

(6) the United Nations has procedures in place to ensure

that all annual and other relevant reports submitted by the

Inspector General are made available to the General Assembly

without modification.

(c) SPECIALIZED AGENCIES.—United States representatives to

the United Nations should promote complete Inspector General

access to all records and officials of the specialized agencies of

the United Nations, and should strive to achieve such access by

fiscal year 1996.

(d) DEFINITION.—For purposes of this part, the term ‘‘Inspector

General’’ means the head of an independent office (or other

independent entity) established by the United Nations to conduct

and supervise objective audits, inspections, and investigations relating to the programs and operations of the United Nations.
H. R. 2333—66

SEC. 402. UNITED STATES PARTICIPATION IN MANAGEMENT OF THE

UNITED NATIONS.

It is the sense of the Congress that, consistent with the United

Nations Charter, United States nationals should have equitable

representation at senior management levels in the United Nations

system, especially in the Department for Administration and

Mangement and in the office of the Inspector General.

SEC. 403. SENSE OF THE SENATE ON DEPARTMENT OF DEFENSE

FUNDING FOR UNITED NATIONS PEACEKEEPING OPERATIONS.

It is the sense of the Senate that beginning October 1, 1995,

funds made available to the Department of Defense (including funds

for ‘‘Operation and Maintenance’’) shall be available for—

(1) United States assessed or voluntary contributions for

United Nations peacekeeping operations, or

(2) the unreimbursable incremental costs associated with

the participation of United States Armed Forces in any United

Nations peacekeeping operation (other than an operation necessary to protect American lives or United States national

interests),

only to the extent that the Congress has authorized, appropriated,

or otherwise approved funds for such purposes.

SEC. 404. ASSESSED CONTRIBUTIONS FOR UNITED NATIONS PEACEKEEPING OPERATIONS.

(a) REASSESSMENT OF CONTRIBUTION PERCENTAGES.—The

Permanent Representative of the United States to the United

Nations should make every effort to ensure that the United Nations

completes an overall review and reassessment of each nation’s

assessed contributions for United Nations peacekeeping operations.

As part of the overall review and assessment, the Permanent Representative should make every effort to advance the concept that,

when appropriate, host governments and other governments in

the region where a United Nations peacekeeping operation is carried

out should bear a greater burden of its financial cost. (b) LIMITATION ON UNITED STATES CONTRIBUTIONS.— (1) FISCAL YEARS 1994 AND 1995.—Funds authorized to be

appropriated for ‘‘Contributions for International Peacekeeping

Activities’’ for fiscal years 1994 and 1995 shall not be available

for the payment of the United States assessed contribution

for a United Nations peacekeeping operation in an amount

which is greater than 30.4 percent of the total of all assessed

contributions for that operation, notwithstanding the last sentence of the paragraph headed ‘‘Contributions to International

Organizations’’ in Public Law 92–544, as amended by section

203 of the Foreign Relations Authorization Act, Fiscal Year

1976 (22 U.S.C. 287e note).

(2) SUBSEQUENT FISCAL YEARS.—Funds authorized to be

appropriated for ‘‘Contributions for International Peacekeeping

Activities’’ for any fiscal year after fiscal year 1995 shall not

be available for the payment of the United States assessed

contribution for a United Nations peacekeeping operation in

an amount which is greater than 25 percent of the total of

all assessed contributions for that operation.

(3) CONFORMING AMENDMENT.—The last sentence of the

paragraph headed ‘‘Contributions to International Organiza-
H. R. 2333—67

tions’’ in Public Law 92–544, as amended by section 203 of

the Foreign Relations Authorization Act, Fiscal Year 1976 (22

U.S.C. 287e note), is amended by striking ‘‘conducted by or

under the auspices of the United Nations or’’ and inserting

‘‘(other than United Nations peacekeeping operations) conducted’’.

SEC. 405. UNITED STATES PERSONNEL TAKEN PRISONER WHILE

SERVING IN MULTINATIONAL FORCES.

It is the sense of the Congress that—

(1) the President should take immediate steps, unilaterally

and in appropriate international bodies, to assure that any

United States military personnel serving as part of a multinational force who are captured are accorded protections

equivalent to those accorded to prisoners of war under the

1949 Geneva Conventions and other international agreements

intended to protect prisoners of war; and

(2) the President should also take all necessary steps to

bring to justice all individuals responsible for any mistreatment

or torture of, or for causing the death of, United States military

personnel who are captured while serving in a multinational

force.

SEC. 406. TRANSMITTALS OF CERTAIN UNITED NATIONS DOCUMENTS.

Section 4 of the United Nations Participation Act of 1945 (22

U.S.C. 287b) is amended—

(1) by inserting ‘‘(a) PERIODIC REPORTS.—’’ after ‘‘SEC. 4.’’;

and

(2) by adding at the end the following: ‘‘(b) TRANSMITTAL OF SECURITY COUNCIL RESOLUTIONS.—Not

later than 3 days (excluding Saturdays, Sundays, and legal holidays)

after adoption of any resolution by the Security Council, the Secretary of State shall transmit the text of such resolution and any

supporting documentation to the designated congressional committees.

‘‘(c) REPORTS ON PEACEKEEPING OPERATIONS.—The Secretary

of State shall promptly transmit to the designated congressional

committees any published report prepared by the United Nations

and distributed to the members of the Security Council that contains

assessments of any proposed, ongoing, or concluded United Nations

peacekeeping operation.’’.

SEC. 407. CONSULTATIONS AND REPORTS.

(a) CONSULTATIONS AND REPORTS ON U.N. PEACEKEEPING OPER- ATIONS.—

(1) CONSULTATIONS.—Each month the President shall consult with the Congress on the status of United Nations peacekeeping operations.

(2) INFORMATION TO BE PROVIDED.—In connection with

these consultations, the following information shall be provided

each month to the designated congressional committees:

(A) With respect to ongoing United Nations peacekeeping operations, the following:

(i) A list of all resolutions of the United Nations

Security Council anticipated to be voted on during

such month that would extend or change the mandate

of any United Nations peacekeeping operation.
H. R. 2333—68

(ii) For each such operation, any changes in the

duration, mandate, and command and control arrangements that are anticipated as a result of the adoption

of the resolution.

(iii) An estimate of the total cost to the United

Nations of each such operation for the period covered

by the resolution, and an estimate of the amount of

that cost that will be assessed to the United States.

(iv) Any anticipated significant changes in United

States participation in or support for each such operation during the period covered by the resolution, and

the estimated costs to the United States of such

changes.

(B) With respect to each new United Nations peacekeeping operation that is anticipated to be authorized by

a Security Council resolution during such month, the following information for the period covered by the resolution:

(i) The anticipated duration, mandate, and command and control arrangements of such operation.

(ii) An estimate of the total cost to the United

Nations of the operation, and an estimate of the

amount of that cost that will be assessed to the United

States.

(iii) A description of the functions that would be

performed by any United States Armed Forces participating in or otherwise operating in support of the

operation, an estimate of the number of members of

the Armed Forces that will participate in or otherwise

operate in support of the operation, and an estimate

of the cost to the United States of such participation

or support.

(3) WRITTEN INFORMATION.—The information described in

clauses (i) and (iii) of paragraph (2)(A) and the information

described in clauses (i) and (ii) of paragraph (2)(B) shall be

provided each month to the designated congressional committees in written form not later than the 10th day of that month. (4) INTERIM INFORMATION.—(A) The President shall submit

to the designated congressional committees a written interim

report if, during the period between the monthly consultations

required by paragraph (1), the United States learns that the

United Nations Security Council is likely, before the next such

consultation, to vote on a resolution that would authorize a

new United Nations peacekeeping operation and that resolution

was not previously reported on pursuant to paragraph (2)(B).

Each interim report shall include the information described

in clauses (i) and (ii) of paragraph (2)(B).

(B) Any such interim report shall be submitted not less

than 5 days before the vote of the United Nations Security

Council, unless the President determines that exceptional circumstances prevented compliance with the requirement to

report 5 days in advance. If the President makes such a determination, the interim report shall be submitted promptly (but

in no case later than 3 days after the vote) and shall include

a copy of the determination and a description of the exceptional

circumstances which were the basis for that determination.

(5) NOTIFICATION AND QUARTERLY REPORTS REGARDING

UNITED STATES ASSISTANCE.—(A) The President shall notify the
H. R. 2333—69

designated congressional committees at least 15 days before

the United States provides any assistance to the United Nations

to support peacekeeping operations. This subparagraph does

not apply to—

(i) assistance having a value of less than $3,000,000

in the case of nonreimburseable assistance or less than

$14,000,000 in the case of reimburseable assistance, or

(ii) assistance provided under the emergency drawdown

authority of sections 506(a)(1) and 552(c)(2) of the Foreign

Assistance Act of 1961 (22 U.S.C. 2318(a)(1) and

2348a(c)(2)).

(B) The President shall submit quarterly reports to the

designated congressional committees on all assistance provided

by the United States during the preceding calendar quarter

to the United Nations to support peacekeeping operations. Each

report shall describe the assistance provided for each such

operation, listed by category of assistance. The report for the

fourth calendar quarter of each year shall be submitted as

part of the annual report required by section 4(d) of the United

Nations Participation Act of 1945 (as added by subsection (b)

of this section) and shall include cumulative information for

the preceding calendar year.

(b) ANNUAL REPORTS.—Section 4 of the United Nations Participation Act of 1945 (22 U.S.C. 287b), as amended by the preceding

section of this title, is further amended by adding at the end

the following:

‘‘(d) ANNUAL REPORT.—In addition to the report required by

subsection (a), the President, at the time of submission of the

annual budget request to the Congress, shall submit to the designated congressional committees a report that includes the following: ‘‘(1) COSTS OF PEACEKEEPING OPERATIONS.— ‘‘(A) In accordance with section 407(a)(5)(B) of the Foreign Relations Authorization Act, Fiscal Years 1994 and

1995, a description of all assistance provided by the United

States to the United Nations to support peacekeeping operations during the previous calendar quarter and during

the previous year. ‘‘(B) With respect to United Nations peacekeeping

operations—

‘‘(i) the aggregate cost of all United Nations peacekeeping operations for the prior fiscal year; ‘‘(ii) the costs of each United Nations peacekeeping

operation for the prior fiscal year; and ‘‘(iii) the amount of United States contributions

(both assessed and voluntary) to United Nations peacekeeping operations on an operation-by-operation basis

for the prior fiscal year.

‘‘(C) With respect to other international peacekeeping

operations in which the United States participates—

‘‘(i) the aggregate cost of all such operations for

the prior fiscal year;

‘‘(ii) the costs of each such operation for the prior

fiscal year; and

‘‘(iii) the amount of United States contributions

(both assessed and voluntary) to such operations on

an operation-by-operation basis for the prior fiscal year.
H. R. 2333—70

‘‘(D) In the case of the first 2 reports submitted pursuant to this subsection, a projection of all United States

costs for United Nations peacekeeping operations during

each of the next 2 fiscal years, including assessed and

voluntary contributions.

‘‘(2) OTHER MATTERS REGARDING PEACEKEEPING OPERATIONS.—

‘‘(A) An assessment of the effectiveness of ongoing

international peacekeeping operations, their relevance to

United States national interests, the efforts by the United

Nations and other international organizations (as

applicable) to resolve the relevant armed conflicts, and

the projected termination dates for all such operations.

‘‘(B) The dollar value and percentage of total peacekeeping contracts that have been awarded to United States

contractors during the previous year.

‘‘(3) UNITED NATIONS REFORM.—

‘‘(A)(i) A description of the status of efforts to establish

and implement an independent office of the Inspector General at the United Nations.

‘‘(ii) If an office of the Inspector General has been

established at the United Nations, a discussion of whether

the Inspector General is keeping the Secretary General

and the members of the General Assembly fully informed

about problems, deficiencies, the necessity for corrective

action, and the progress of corrective action.

‘‘(iii) For purposes of this subparagraph, the term ‘office

of the Inspector General’ means an independent office (or

other independent entity) established by the United

Nations to conduct and supervise objective audits, inspections, and investigations relating to the programs and operations of the United Nations.

‘‘(B) A description of the status of efforts to reduce

the United States peacekeeping assessment rate. ‘‘(C) A description of the status of other United States

efforts to achieve financial and management reform at

the United Nations.

‘‘(4) MILITARY PERSONNEL PARTICIPATING IN MULTINATIONAL

FORCES.—A description of—

‘‘(A) the status under international law of members

of multinational forces, including the legal status of such

personnel if captured, missing, or detained; ‘‘(B) the extent of the risk for United States military

personnel who are captured while participating in multinational forces in cases where their captors fail to respect

the 1949 Geneva Conventions and other international

agreements intended to protect prisoners of war; and

‘‘(C) the specific steps that have been taken to protect

United States military personnel participating in multinational forces, together (if necessary) with any recommendations for the enactment of legislation to achieve

that objective.

‘‘(5) HUMAN RIGHTS AND U.N. PEACEKEEPING FORCES.—A

description of the efforts by United Nations peacekeeping forces

to promote and protect internationally recognized human rights

standards, including the status of investigations in any case

of alleged human rights violations during the preceding year
H. R. 2333—71

by personnel participating in United Nations peacekeeping

forces, as well as any action taken in such cases.

‘‘(e) DESIGNATED CONGRESSIONAL COMMITTEES.—As used in this

section, the term ‘designated congressional committees’ has the

meaning given that term by section 415 of the Foreign Relations

Authorization Act, Fiscal Years 1994 and 1995.’’.

SEC. 408. TRANSFERS OF EXCESS DEFENSE ARTICLES FOR INTERNATIONAL PEACEKEEPING OPERATIONS.

Chapter 2 of part II of the Foreign Assistance Act of 1961 is amended by adding after section 519 (22 U.S.C. 2321m) the

following:

‘‘SEC. 520. TRANSFERS OF EXCESS DEFENSE ARTICLES FOR INTERNATIONAL PEACEKEEPING OPERATIONS.

‘‘(a) GENERAL AUTHORITY.—The President may transfer to inter- national and regional organizations of which the United States

is a member such excess defense articles as the President determines necessary to support international peacekeeping operations

and other activities and operations to maintain and restore international peace and security. Such transfers shall be on such terms

and conditions as the President may determine, consistent with

this section.

‘‘(b) CONDITIONALITY OF AUTHORITY.— ‘‘(1) IN GENERAL.—The authority of subsection (a) may not be exercised with respect to an international or regional

organization until the United States has entered into a written

agreement with that organization providing that the value of

any excess defense articles transferred under this section shall

be credited against United States assessed contributions to

that organization. For purposes of this paragraph, the term

‘value’ means such amount as may be agreed upon by the

United States and the recipient organization, except that such

amount may not be less than the value (as defined in section

644(m)(1) of this Act) of the articles transferred.

‘‘(2) CREDITING OF TRANSFERS.—(A) The credit provided for pursuant to paragraph (1) shall be counted against United

States assessed contributions to the recipient organization that

are payable from the ‘Contribution to International Peacekeeping Activities’ account of the Department of State, except to

the extent such credit is counted, in accordance with subparagraph (B), against an assessed contribution payable from an

account established within the Department of Defense. ‘‘(B) If—

‘‘(i) an account is established within the Department

of Defense for payment of a portion of United States

assessed contributions for United Nations operations, ‘‘(ii) excess defense articles are transferred under this

section for a United Nations operation, and

‘‘(iii) the United States assessed contribution for that

operation is payable from that account,

the credit for those excess defense articles shall be counted

against the assessed contribution payable from that account,

but only to the extent that the value of the excess defense

articles so transferred for that operation during a fiscal year

does not exceed the total United States assessed contribution

payable for that operation from that account during that fiscal

year.
H. R. 2333—72

‘‘(c) LIMITATIONS ON TRANSFERS.—The President may transfer

excess defense articles under this section only if—

‘‘(1) they are drawn from existing stocks of the Department

of Defense (or the Coast Guard);

‘‘(2) funds available to the Department of Defense (or the

Coast Guard) for the procurement of defense equipment are

not expended in connection with the transfer;

‘‘(3) the transfer of the excess defense articles will not

have an adverse impact on the military readiness of the United

States; and

‘‘(4) the President has established procedures and requirements, comparable to those applicable under section 505 of

this Act, to ensure that such excess defense articles will be

used only for purposes that have been agreed to by the United

States.

‘‘(d) NOTIFICATION TO CONGRESS.—

‘‘(1) IN GENERAL.—The President shall notify the designated

congressional committees regarding any transfer of excess

defense articles under this section in accordance with paragraph

(2). This notification shall include—

‘‘(A) a discussion of the need for the transfer;

‘‘(B) an assessment of the impact of the transfer on

the military readiness of the United States; and

‘‘(C) a statement of—

‘‘(i) the acquisition cost and the value (as defined

in section 644(m)(1) of this Act) of the excess defense

articles to be transferred, and

‘‘(ii) the aggregate acquisition cost and the aggregate value (as so defined) of all excess defense articles

for which notification has been provided under this

subsection during that fiscal year with respect to transfers to the same organization under this section.

‘‘(2) TIMING OF NOTICE.—(A) The President shall notify

the designated congressional committees pursuant to paragraph

(1) at least 15 days before the excess defense articles are

transferred under this section, except as provided in subparagraph (B).

‘‘(B) If the President determines that an unforeseen emergency requires the immediate transfer of excess defense articles

under this section, the President—

‘‘(i) may waive the requirement of subparagraph (A)

that notice be provided at least 15 days in advance of

the transfer; and

‘‘(ii) shall promptly notify the designated congressional

committees of such waiver and transfer.

‘‘(3) DESIGNATED COMMITTEES.—As used in this subsection,

the term ‘designated congressional committees’ means the

Committee on Foreign Affairs, the Committee on Armed Services, and the Committee on Appropriations of the House of

Representatives and the Committee on Foreign Relations, the

Committee on Armed Services, and the Committee on Appropriations of the Senate.

‘‘(e) TRANSPORTATION AND RELATED COSTS.—

‘‘(1) IN GENERAL.—Except as provided in paragraph (2),

funds available to the Department of Defense shall not be

expended for crating, packing, handling, and transporting
H. R. 2333—73

excess defense articles transferred under the authority of this

section.

‘‘(2) EXCEPTION.—Notwithstanding any other provision of

law, the President may direct the crating, packing, handling,

and transporting of excess defense articles without charge to

an international or regional organization if the President determines that waiving such costs advances the foreign policy

interests of the United States.

‘‘(f) WAIVER OF REQUIREMENT FOR REIMBURSEMENT OF DOD

EXPENSES.—Section 632(d) shall not apply with respect to transfers

of excess defense articles under this section and to any costs of

crating, packing, handling, and transporting incurred under subsection (e)(2).’’.

SEC. 409. REFORM IN BUDGET DECISIONMAKING PROCEDURES OF

THE UNITED NATIONS AND ITS SPECIALIZED AGENCIES.

(a) ASSESSED CONTRIBUTIONS.—For assessed contributions

authorized to be appropriated for ‘‘Assessed Contributions to International Organizations’’ by this Act, the President may withhold

20 percent of the funds appropriated for the United States assessed

contribution to the United Nations or to any of its specialized

agencies for any calendar year if the United Nations or any such

agency has failed to implement or to continue to implement consensus-based decisionmaking procedures on budgetary matters which

assure that sufficient attention is paid to the views of the United

States and other member states that are the major financial

contributors to such assessed budgets.

(b) NOTICE TO CONGRESS.—The President shall notify the Congress when a decision is made to withhold any share of the United

States assessed contribution to the United Nations or its specialized

agencies pursuant to subsection (a) and shall notify the Congress

when the decision is made to pay any previously withheld assessed

contribution. A notification under this subsection shall include

appropriate consultation between the President (or the President’s

representative) and the Committee on Foreign Affairs of the House

of Representatives and the Committee on Foreign Relations of the

Senate.

(c) CONTRIBUTIONS FOR PRIOR YEARS.—Subject to the availability of appropriations, payment of assessed contributions for prior

years may be made to the United Nations or any of its specialized

agencies notwithstanding subsection (a) if such payment would

further United States interests in that organization. (d) REPORT TO CONGRESS.—Not later than February 1 of each

year, the President shall submit to the Congress a report concerning

the amount of United States assessed contributions paid to the

United Nations and each of its specialized agencies during the

preceding calendar year.

(e) REPEAL OF EXISTING LAW.—Section 162 of the Foreign Relations Authorization Act, Fiscal Years 1992 and 1993 is amended

by striking subsections (a), (b), (c), and (d).

SEC. 410. LIMITATION ON CONTRIBUTIONS TO THE UNITED NATIONS

AND AFFILIATED ORGANIZATIONS.

The United States shall not make any voluntary or assessed

contribution—

(1) to any affiliated organization of the United Nations

which grants full membership as a state to any organization
H. R. 2333—74

or group that does not have the internationally recognized

attributes of statehood, or

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

full membership as a state in the United Nations to any

organization or group that does not have the internationally

recognized attributes of statehood,

during any period in which such membership is effective.

SEC. 411. UNITED NATIONS SECURITY COUNCIL MEMBERSHIP.

(a) FINDINGS.—The Congress makes the following findings:

(1) The effectiveness of the United Nations Security Council

in maintaining international peace and security depends on

its being representative of the membership of the United

Nations.

(2) The requirement of equitable geographic distribution

in Article 23 of the United Nations Charter requires that the

members of the Security Council of the United Nations be

chosen by nondiscriminatory means.

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

Assembly as the sole means for election of the nonpermanent

members of the Security Council is inherently discriminatory

in the absence of guarantees that all member states will have

the opportunity to join a regional group, and has resulted

in discrimination against Israel.

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

the President should direct the Secretary of State to request the

Secretary General of the United Nations to seek immediate resolution of the problem described in this section. The President shall

inform the Congress of any progress in resolving this situation,

together with the submission to Congress of the request for funding

for the ‘‘Contributions to International Organizations’’ account of

the Department of State for the fiscal year 1995.

SEC. 412. REFORMS IN THE WORLD HEALTH ORGANIZATION.

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

that United States contributions to the World Health Organization

(WHO) should be utilized in the most effective and efficient manner

possible, particularly for the reduction of diseases and disabilities

in developing countries.

(b) POLICY.—The President shall direct the United States representatives to the World Health Assembly, the Executive Board,

and the World Health Organization to monitor the activities of

the World Health Organization to ensure that such organizations

achieve—

(1) the timely implementation of reforms and management

improvements, including those outlined in the resolutions of

the 46th World Health Assembly related to the external Auditor

(WHA 46.21), the Report of the Executive Board on the WHO

Response to Global Change (WHA 46.16) and actions for Budgetary Reform (WHA 46.35); and

(2) the effective and efficient utilization and monitoring

of resources, including—

(A) the determination of strategic and financial priorities; and

(B) the establishment of realistic and measurable targets in accordance with the established health priorities.
H. R. 2333—75

SEC. 413. REFORMS IN THE FOOD AND AGRICULTURE ORGANIZATION.

In light of the longstanding efforts of the United States and

the other major donor nations to reform the Food and Agriculture

Organization (FAO) and the findings of the ongoing investigation

of the General Accounting Office, the Congress makes the following

declarations:

(1) It should be the policy of the United States to promote

the following reforms in the Food and Agriculture Organization:

(A) Decentralization of the administrative structure

of FAO, including eliminating redundant or unnecessary

headquarters staff, increased responsibilities of regional

offices, increased time for consideration of budget issues

by member states, and a more meaningful and direct role

for member states in the decisionmaking process.

(B) Reform of the FAO Council, including formation

of an executive management committee to provide oversight

of management.

(C) Limitation of the term of the Director General

and the number of terms which an individual may serve.

(D) Restructuring of the Technical Cooperation

Program (TCP), including reducing the number of nonemergency projects funded through the TCP and establishing procedures to deploy TCP consultants, supplies, and

equipment in a timely manner.

(2) In an effort to increase the presence of United States

personnel at the international food agencies and to enhance

the professionalism of these institutions, it should be the policy

of the United States, to the maximum extent practicable, to

utilize existing personnel programs such as the United States

Department of Agriculture Associate Professional Officer program to place United States personnel with unique skills in

the Food and Agriculture Organization, the International Fund

for Agricultural Development, and the World Food Program.

SEC. 414. SENSE OF CONGRESS REGARDING ADHERENCE TO UNITED

NATIONS CHARTER.

It is the sense of the Congress that—

(1) the President should seek an assurance from the Secretary General of the United Nations that the United Nations

will comply with Article 100 of the United Nations Charter;

(2) neither the Secretary General of the United Nations

nor his staff should seek or receive instructions from any

government or from any other authority external to the United

Nations; and

(3) the President should report to Congress when he

receives such assurance from the Secretary General of the

United Nations.

SEC. 415. DESIGNATED CONGRESSIONAL COMMITTEES.

For purposes of this part, the term ‘‘designated congressional

committees’’ means the Committee on Appropriations and the

Committee on Foreign Relations of the Senate and the Committee

on Appropriations and the Committee on Foreign Affairs of the

House of Representatives.
H. R. 2333—76

PART B—GENERAL PROVISIONS AND OTHER

INTERNATIONAL ORGANIZATIONS

SEC. 421. AGREEMENT ON STATE AND LOCAL TAXATION.

The President is authorized to bring into force for the United States the Agreement on State and Local Taxation of Foreign

Employees of Public International Organizations, which was signed

by the United States on April 21, 1992, except that, notwithstanding

the provisions of Article 1.B of such Agreement, such Agreement

shall not require any refunds of monies paid with respect to tax

years ending on or before December 31, 1993.

SEC. 422. CONFERENCE ON SECURITY AND COOPERATION IN EUROPE.

The President is authorized to implement, for the United States,

the provisions of Annex 1 of the Decision concerning Legal Capacity

and Privileges and Immunities, issued by the Council of Ministers

of the Conference on Security and Cooperation in Europe on December 1, 1993, in accordance with the terms of that Annex.

SEC. 423. INTERNATIONAL BOUNDARY AND WATER COMMISSION.

(a) AUTHORIZATION TO RECEIVE PAYMENTS.—Section 2 of the

American-Mexican Chamizal Convention Act of 1964 (Public Law

88–300; 22 U.S.C. 277d–18) is amended—

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

(2) by adding at the end the following new subsections:

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

payments of money from public or private sources in the United

States or Mexico made for the purpose of sharing in the cost

of replacement of the Bridge of the Americas which crosses the

Rio Grande between El Paso, Texas, and Cd. Juarez, Chihuahua.

Notwithstanding any other provision of law, such payments of

money shall be credited to any appropriation to the Commission

which is currently available. Funds received under this subsection

shall be available only for the replacement of such bridge. ‘‘(c) The authority of subsection (b) may be exercised only to

the extent or in such amounts as are provided in advance in

appropriation Acts.’’.

(b) EXPENDITURES FOR WATER POLLUTION PROBLEMS.—Title I

of the Act of June 20, 1956 (70 Stat. 302, 22 U.S.C. 277d–12),

is amended in the fourth undesignated paragraph under the heading

‘‘INTERNATIONAL BOUNDARY AND WATER COMMISSION, UNITED STATES

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

before the period and inserting ‘‘Tijuana Rivers, or other streams

running across or near the boundary, and for taking emergency

actions, consistent with the emergency provisions of the Safe Drinking Water Act, to protect against health threatening surface and

ground water pollution problems along the United States-Mexico

boundary’’. (c) FALCON AND AMISTAD DAMS MAINTENANCE FUND.—Section

2 of the Act of June 18, 1954 (68 Stat. 255, as amended by the

Act of December 23, 1963, 77 Stat. 475) is amended to read as

follows:

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

Operating and Maintenance Fund’ (hereinafter referred to as the

‘Maintenance Fund’), shall be created in the Treasury of the United

States. The Maintenance Fund shall be administered by the

Administrator of the Western Area Power Administration for use
H. R. 2333—77

by the Commissioner of the United States Section of the International Boundary and Water Commission to defray operation,

maintenance, and emergency costs for the hydroelectric facilities

at the Falcon and Amistad Dams.

‘‘(b) All revenues collected in connection with the disposition

of electric power generated at the Falcon and Amistad Dams, except

those revenues paid pursuant to subsection (d) to the general fund

of the Treasury of the United States, shall be credited to the

Maintenance Fund and shall remain available until expended for

defraying operation, maintenance, and emergency costs for the

hydroelectric facilities at the dams. ‘‘(c) The authority of subsection (b) may be exercised only to the extent or in such amounts as are provided in advance in

appropriation Acts. ‘‘(d) Revenues in the Maintenance Fund in excess of operation,

maintenance, and emergency needs shall be paid annually to the

general fund of the Treasury of the United States to return the

costs of replacements and the original investments, with interest.

‘‘(e) All moneys received from the Government of Mexico for

any energy which might be delivered to that Government by the

United States Section of the International Boundary and Water

Commission pursuant to any special agreement concluded in accordance with Article 19 of the said Treaty shall be credited to the

general fund of the Treasury of the United States.’’.

SEC. 424. UNITED STATES MEMBERSHIP IN THE ASIAN-PACIFIC ECONOMIC COOPERATION ORGANIZATION.

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

to maintain membership of the United States in the Asian-Pacific

Economic Cooperation (APEC).

(b) PAYMENT OF ASSESSED CONTRIBUTIONS.—For fiscal year

1994 and for each fiscal year thereafter, the United States assessed

contributions to APEC may be paid from funds appropriated for

‘‘Contributions to International Organizations’’.

SEC. 425. UNITED STATES MEMBERSHIP IN THE INTERNATIONAL COPPER STUDY GROUP.

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

to accept the Terms of Reference of and maintain membership

of the United States in the International Copper Study Group

(ICSG).

(b) PAYMENTS OF ASSESSED CONTRIBUTIONS.—For fiscal year

1995 and thereafter the United States assessed contributions to

the ICSG may be paid from funds appropriated for ‘‘Contributions

to International Organizations’’.

SEC. 426. EXTENSION OF THE INTERNATIONAL ORGANIZATIONS

IMMUNITIES ACT TO THE INTERNATIONAL UNION FOR

CONSERVATION OF NATURE AND NATURAL RESOURCES.

The International Organizations Immunities Act (22 U.S.C. 288 et seq.) is amended by adding at the end the following new

section:

‘‘SEC. 14. The International Union for Conservation of Nature

and Natural Resources shall be considered to be an international

organization for the purposes of this title and may be extended

the provisions of this title in the same manner, to the same extent,

and subject to the same conditions, as such provisions may be

extended to a public international organization in which the United
H. R. 2333—78

States participates pursuant to any treaty or under the authority

of any Act of Congress authorizing such participation or making

an appropriation for such participation.’’.

SEC. 427. INTER-AMERICAN ORGANIZATIONS.

Taking into consideration the long-term commitment by the

United States to the affairs of this Hemisphere and the need to

build further upon the linkages between the United States and

its neighbors, it is the sense of the Congress that the Secretary

of State, in allocating the level of resources for international

organizations, should pay particular attention to funding levels

of the Inter-American organizations.

SEC. 428. PROHIBITION ON CONTRIBUTIONS TO THE INTERNATIONAL

COFFEE ORGANIZATION.

None of the funds authorized to be appropriated by this Act

may be used to fund any United States contribution to the International Coffee Organization.

SEC. 429. PROHIBITION ON CONTRIBUTIONS TO THE INTERNATIONAL

JUTE ORGANIZATION.

None of the funds authorized to be appropriated by this Act

may be used to fund any United States contribution to the International Jute Organization.

SEC. 430. MIGRATION AND REFUGEE AMENDMENTS.

(a) MIGRATION AND REFUGEE ASSISTANCE ACT AMENDMENTS.— The Migration and Refugee Assistance Act of 1962 (22 U.S.C. 2601)

is amended—

(1) in section 2 by striking ‘‘the Intergovernmental Committee for European Migration’’ and inserting ‘‘the International

Organization for Migration’’ each place it appears;

(2) in section 2(a) by striking ‘‘the Committee’’ and inserting

‘‘the Organization’’ each place it appears;

(3) in the first sentence of section 2(a) by inserting before

the period ‘‘, as amended in Geneva, Switzerland, on May

20, 1987’’; and

(4) in section 2(c)(2), by striking ‘‘$50,000,000’’ and inserting

‘‘$100,000,000’’.

(b) PUBLIC LAW 100–204.—Section 745 of Public Law 100–

204 (22 U.S.C. 2601 note) is repealed.

SEC. 431. WITHHOLDING OF UNITED STATES CONTRIBUTIONS FOR

CERTAIN PROGRAMS OF INTERNATIONAL ORGANIZATIONS.

(a) WITHHOLDING OF UNITED STATES CONTRIBUTIONS FOR CERTAIN PROGRAMS OF INTERNATIONAL ORGANIZATIONS.—Section 307

of the Foreign Assistance Act of 1961 is amended—

(1) in subsection (a) by striking ‘‘the South-West Africa

People’s Organization’’ and inserting ‘‘Burma, Iraq, North

Korea, Syria’’; and

(2) by inserting after subsection (b) the following:

‘‘(c) The limitations of subsection (a) shall not apply to contributions to the International Atomic Energy Agency or the United

Nations Children’s Fund (UNICEF).’’.

(b) UNITED NATIONS DEVELOPMENT PROGRAM.—

(1) Except as provided in paragraphs (2) and (3), for fiscal

years 1994 and 1995 none of the funds made available for
H. R. 2333—79

United Nations Development Program or United Nations Development Program—Administered Funds shall be available for

programs and activities in or for Burma.

(2) Of the funds made available for United Nations Development Program and United Nations Development Program—

Administered Funds for fiscal year 1994, $11,000,000 may be

available only if the President certifies to the Congress that

the United Nations Development Program’s programs and

activities in or for Burma promote the enjoyment of internationally guaranteed human rights in Burma and do not benefit

the State Law and Order Restoration Council (SLORC) military

regime.

(3) Of the funds made available for United Nations Development Program and United Nations Development Program—

Administered Funds for fiscal year 1995, $27,600,000 may

be available only if the President certifies to the Congress

that—

(A) the United Nations Development Program has

approved or initiated no new programs and no new funding

for existing programs in or for Burma since the United

Nations Development Program Governing Council (Executive Board) meeting of June 1993,

(B) such programs address unforeseen urgent humanitarian concerns, or

(C) a democratically elected government in Burma has

agreed to such programs.

TITLE V—FOREIGN POLICY

PART A—GENERAL PROVISIONS

SEC. 501. UNITED STATES POLICY CONCERNING OVERSEAS ASSISTANCE TO REFUGEES AND DISPLACED PERSONS.

(a) STANDARDS FOR REFUGEE WOMEN AND CHILDREN.—The

United States Government, in providing for overseas assistance

and protection of refugees and displaced persons, shall seek to

address the protection and provision of basic needs of refugee

women and children who represent 80 percent of the world’s refugee

population. As called for in the 1991 United Nations High Commissioner for Refugees (UNHCR) ‘‘Guidelines on the Protection of Refugee Women’’, whether directly, or through international organizations and nongovernmental voluntary organizations, the Secretary

of State shall seek to ensure—

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

and relief organizations to recruit and employ female protection

officers;

(2) implementation of gender awareness training for field

staff including, but not limited to, security personnel;

(3) the protection of refugee women and children from

violence and other abuses on the part of governments or insurgent groups;

(4) full involvement of women refugees in the planning

and implementation of (A) the delivery of services and assistance, and (B) the repatriation process;

(5) incorporation of maternal and child health needs into

refugee health services and education, specifically to include
H. R. 2333—80

education on and access to services in reproductive health and

birth spacing;

(6) the availability of counseling and other services, grievance processes, and protective services to victims of violence

and abuse, including but not limited to rape and domestic

violence;

(7) the provision of educational programs, particularly literacy and numeracy, vocational and income-generation skills

training, and other training efforts promoting self-sufficiency

for refugee women, with special emphasis on women heads

of household;

(8) education for all refugee children, ensuring equal access

for girls, and special services and family tracing for unaccompanied refugee minors;

(9) the collection of data that clearly enumerate age and

gender so that appropriate health, education, and assistance

programs can be planned;

(10) the recruitment, hiring, and training of more women

program professionals in the international humanitarian field;

and

(11) gender-awareness training for program staff of the

United Nations High Commissioner for Refugees (UNHCR) and

nongovernmental voluntary organizations on implementation

of the 1991 UNHCR ‘‘Guidelines on the Protection of Refugee

Women’’.

(b) PROCEDURES.—The Secretary of State should adopt specific

procedures to ensure that all recipients of United States Government refugee and migration assistance funds implement the standards outlined in subsection (a).

(c) REQUIREMENTS FOR REFUGEE AND MIGRATION ASSISTANCE.— The Secretary of State, in providing migration and refugee assistance, should support the protection efforts set forth under this

section by raising at the highest levels of government the issue

of abuses against refugee women and children by governments

or insurgent groups that engage in, permit, or condone— (1) a pattern of gross violations of internationally recognized human rights, such as torture or cruel, inhumane, or

degrading treatment or punishment, prolonged detention without charges, or other flagrant denial to life, liberty, and the

security of person; (2) the blockage of humanitarian relief assistance;

(3) gender-specific persecution such as systematic individual or mass rape, forced pregnancy, forced abortion, enforced

prostitution, any form of indecent assault or act of violence

against refugee women, girls, and children; or

(4) continuing violations of the integrity of the person

against refugee women and children on the part of armed

insurgents, local security forces, or camp guards.

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

reports of abuses under subsection (c), the Secretary of State should

immediately investigate such reports through emergency fact-finding missions or other means of investigating such reports and

help identify appropriate remedial measures.

(e) MULTILATERAL IMPLEMENTATION OF THE 1991 UNHCR

‘‘GUIDELINES ON THE PROTECTION OF REFUGEE WOMEN’’.—The Secretary of State should work to ensure that multilateral organizations fully incorporate the needs of refugee women and children
H. R. 2333—81

into all elements of refugee assistance programs and work to encourage other governments that provide refugee assistance to adopt

refugee assistance policies designed to encourage full implementation of the 1991 UNHCR’s ‘‘Guidelines on the Protection of Refugee

Women’’.

SEC. 502. INTERPARLIAMENTARY EXCHANGES.

(a) AUTHORIZATIONS OF APPROPRIATIONS.— (1) Section 2 of Public Law 86–420 is amended—

(A) by striking ‘‘$100,000’’ and inserting ‘‘$80,000’’; and

(B) by striking ‘‘$50,000’’ both places it appears and inserting ‘‘$40,000’’.

(2) Section 2 of Public Law 86–42 is amended—

(A) by striking ‘‘$50,000’’ and inserting ‘‘$70,000’’; and

(B) by striking ‘‘$25,000’’ both places it appears and inserting ‘‘$35,000’’. (b) DEPOSIT OF FUNDS IN INTEREST-BEARING ACCOUNTS.—Funds

appropriated and disbursed pursuant to section 303 of Title III

of Public Law 100–202 (101 Stat. 1329–23; 22 U.S.C. 276 note)

are authorized to be deposited in interest-bearing accounts and

any interest which accrues shall be deposited, periodically, in a

miscellaneous account of the Treasury.

SEC. 503. FOOD AS A HUMAN RIGHT.

(a) THE RIGHT TO FOOD AND UNITED STATES FOREIGN POLICY.—

(1) IN GENERAL.—The United States should, in accordance

with its international obligations and in keeping with the longstanding humanitarian tradition of the United States, promote

increased respect internationally for the rights to food and

to medical care, including the protection of these rights with

respect to civilians and noncombatants during times of armed

conflict (such as through ensuring safe passage of relief supplies

and access to impartial humanitarian relief organizations

providing relief assistance).

(2) RESPONSIBILITIES OF ASSISTANT SECRETARY OF STATE.—

The responsibilities of the Assistant Secretary of State who

is responsible for human rights and humanitarian affairs shall

include promoting increased respect internationally for the

rights to food and to medical care in accordance with paragraph

(1).

(b) INTERNATIONAL EFFORT TO STRENGTHEN THE RIGHT TO

FOOD.—It is the sense of the Congress that a major effort should

be made to strengthen the right to food in international law to

assure the access of all persons to adequate food supplies.

SEC. 504. TRANSPARENCY IN ARMAMENTS.

It is the sense of the Congress that— (1) no sale of any defense article or defense service should

be made, no license should be issued for the export of any

defense article or defense service, and no agreement to transfer

in any way any defense article or defense service should be

made to any nation that does not fully furnish all pertinent

data to the United Nations Register of Conventional Arms

pursuant to United Nations General Assembly Resolution 46/

36L by the reporting date specified by such register;

(2) if a nation has not submitted the required information

by the reporting date of a particular year, but subsequently

submits notification to the United Nations that it intends to
H. R. 2333—82

provide such information at the next reporting date, an agreement may be negotiated with the nation or a license may

be issued, but the actual delivery of such defense article or

service should not occur until that nation submits such information; and

(3) the President should seek to restart the United Nations

Security Council ‘‘Perm-5’’ talks and should report to the Congress on the progress of such talks and the effects of United

States agreements since October 1991 to sell arms to the developing world.

SEC. 505. SENSE OF THE SENATE CONCERNING INSPECTOR GENERAL

ACT.

It is the sense of the Senate that—

(1) there is a growing concern among some of the Members

of this body that the unlimited terms of Office of Inspectors

General in Federal agencies may be undesirable, therefore

(2) the issue of amending the Inspector General Act to

establish term limits for Inspectors General should be examined

and considered as soon as possible by the appropriate committees of jurisdiction.

SEC. 506. TORTURE CONVENTION IMPLEMENTATION.

(a) IN GENERAL.—Part I of title 18, United States Code, is

amended by inserting after chapter 113A the following new chapter:

‘‘CHAPTER 113B—TORTURE

‘‘Sec.

‘‘2340. Definitions.

‘‘2340A. Torture.

‘‘2340B. Exclusive remedies.

‘‘SEC. 2340. DEFINITIONS.

‘‘As used in this chapter—

‘‘(1) ‘torture’ means an act committed by a person acting

under the color of law specifically intended to inflict severe

physical or mental pain or suffering (other than pain or suffering incidental to lawful sanctions) upon another person with

custody or physical control;

‘‘(2) ‘severe mental pain or suffering’ means the prolonged

mental harm caused by or resulting from—

‘‘(A) the intentional infliction or threatened infliction

of severe physical pain or suffering;

‘‘(B) the administration or application, or threatened

administration or application, of mind-altering substances

or other procedures calculated to disrupt profoundly the

senses or the personality;

‘‘(C) the threat of imminent death; or

‘‘(D) the threat that another person will imminently

be subjected to death, severe physical pain or suffering,

or the administration or application of mind-altering substances or other procedures calculated to disrupt profoundly

the senses or personality; and

‘‘(3) ‘United States’ includes all areas under the jurisdiction

of the United States including any of the places described

in sections 5 and 7 of this title and section 101(38) of the

Federal Aviation Act of 1958 (49 U.S.C. App. 1301(38)).
H. R. 2333—83

‘‘SEC. 2340A. TORTURE.

‘‘(a) OFFENSE.—Whoever outside the United States commits

or attempts to commit torture shall be fined under this title or

imprisoned not more than 20 years, or both, and if death results

to any person from conduct prohibited by this subsection, shall

be imprisoned for any term of years or for life.

‘‘(b) JURISDICTION.—There is jurisdiction over the activity

prohibited in subsection (a) if—

‘‘(1) the alleged offender is a national of the United States;

or

‘‘(2) the alleged offender is present in the United States,

irrespective of the nationality of the victim or alleged offender.

‘‘SEC. 2340B. EXCLUSIVE REMEDIES.

‘‘Nothing in this chapter shall be construed as precluding the

application of State or local laws on the same subject, nor shall

anything in this chapter be construed as creating any substantive

or procedural right enforceable by law by any party in any civil

proceeding.’’.

(b) TECHNICAL AMENDMENT.—The part analysis for part I of

title 18, United States Code, is amended by inserting after the

item relating to chapter 113A the following new item:

‘‘113B. Torture ......................................................................................................2340.’’.

(c) EFFECTIVE DATE.—The amendments made by this section

shall take effect on the later of—

(1) the date of enactment of this Act; or

(2) the date on which the United States has become a

party to the Convention Against Torture and Other Cruel,

Inhuman or Degrading Treatment or Punishment.

SEC. 507. UNITED STATES POLICY CONCERNING IRAQ.

(a) POLICY.—It is the sense of the Congress that the President

should—

(1) take steps to encourage the United Nations Security

Council—

(A) to reaffirm support for the protection of all Iraqi

Kurdish and other minorities pursuant to Security Council

Resolution 688;

(B) to maintain the United Nations embargo on the

Iraqi regime until Iraq complies with all relevant Security

Council resolutions;

(C) to consider lifting selectively the United Nations

embargo on the areas under the administration of the

democratically-elected leadership of Iraqi Kurdistan, subject to the verifiable conditions that— (i) the inhabitants of such areas do not conduct

trade with the Iraqi regime, and (ii) the partial lifting of the embargo will not materially assist the Iraqi regime;

(D) to consider extending international protection,

including the establishment of a safe haven, to the marsh

Arabs in southern Iraq; and

(E) to pursue international judgments against Iraqi

officials responsible for war crimes and crimes against

humanity, based upon documentary evidence obtained from

Iraqi and other sources;
H. R. 2333—84

(2) continue to advocate the maintenance of Iraq’s territorial integrity and the transition to a unified, democratic Iraq;

(3) take steps to encourage the provision of humanitarian

assistance for the people fleeing from the marshes in southern

Iraq;

(4) design a multilateral assistance program for the people

of Iraqi Kurdistan to support their drive for self-sufficiency;

and

(5) take steps to intensify discussions with the Government

of Turkey, whose support and cooperation in the protection

of the people of Iraqi Kurdistan is critical, to ensure that

the stability of both Turkey and the entire region are enhanced

by the measures taken under this section.

SEC. 508. HIGH-LEVEL VISITS TO TAIWAN.

It is the sense of the Congress that—

(1) the President should be commended for meeting with

Taiwan’s Minister of Economic Affairs during the Asia-Pacific

Economic Cooperation Conference in Seattle;

(2) the President should send Cabinet-level appointees to

Taiwan to promote United States interests and to ensure the

continued success of United States business in Taiwan; and

(3) in addition to Cabinet-level visits, the President should

take steps to show clear United States support for Taiwan

both in our bilateral relationship and in multilateral organizations of which the United States is a member.

SEC. 509. TRANSFER OF CERTAIN OBSOLETE OR SURPLUS DEFENSE

ARTICLES IN THE WAR RESERVE ALLIES STOCKPILE TO

THE REPUBLIC OF KOREA.

(a) AUTHORITY.—(1) Notwithstanding section 514 of the Foreign

Assistance Act of 1961 (22 U.S.C. 2321h), the President is authorized to transfer to the Republic of Korea, in return for concessions

to be negotiated by the Secretary of Defense, with the concurrence

of the Secretary of State, any or all of the items described in

paragraph (2).

(2) The items referred to in paragraph (1) are equipment,

tanks, weapons, repair parts, and ammunition that—

(A) are obsolete or surplus items;

(B) are in the inventory of the Department of Defense;

(C) are intended for use as reserve stocks for the Republic

of Korea; and

(D) as of the date of enactment of this Act, are located

in a stockpile in the Republic of Korea.

(b) CONCESSIONS.—The value of the concessions negotiated

pursuant to subsection (a) shall be at least equal to the fair market

value of the items transferred. The concessions may include cash

compensation, services, waiver of charges otherwise payable by

the United States, and other items of value.

(c) ADVANCE NOTIFICATION OF TRANSFER.—Not less than 30

days before making a transfer under the authority of this section,

the President shall transmit to the Committee on Foreign Relations

of the Senate, the Committee on Foreign Affairs of the House

of Representatives, and the congressional defense committees a

notification of the proposed transfer. The notification shall identify

the items to be transferred and the concessions to be received.
H. R. 2333—85

(d) EXPIRATION OF AUTHORITY.—No transfer may be made

under the authority of this section more than two years after

the date of the enactment of this Act.

SEC. 510. EXTENSION OF THE FAIR TRADE IN AUTO PARTS ACT OF

1988.

(a) IN GENERAL.—Section 2125 of the Fair Trade in Auto Parts

Act of 1988 (15 U.S.C. 4704) is amended by striking ‘‘1993’’ and

inserting ‘‘1998’’.

(b) EFFECTIVE DATE.—The amendment made by this section

shall take effect on December 30, 1993.

SEC. 511. REPORT ON THE USE OF FOREIGN FROZEN OR BLOCKED

ASSETS.

Not later than 60 days after the date of enactment of this

Act, the President shall submit to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the

House of Representatives a report containing a detailed accounting

analysis and justification for all expenditures made from the assets

of foreign governments that have been frozen or blocked by the

United States Government, including expenditures from frozen or

blocked assets of Haiti, Iraq, and Iran.

SEC. 512. EXTENSION OF CERTAIN ADJUDICATION PROVISIONS.

The Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1990 (Public Law 101–167), is

amended—

(1) in section 599D (8 U.S.C. 1157 note)—

(A) in subsection (b)(3), by striking ‘‘1993 and 1994’’

and inserting ‘‘1993, 1994, 1995, and 1996’’; and (B) in subsection (e), by striking out ‘‘October 1, 1994’’

each place it appears and inserting in lieu thereof ‘‘October

1, 1996’’; and

(2) in section 599E (8 U.S.C. 1255 note) in subsection

(b)(2), by striking out ‘‘September 30, 1994’’ and inserting in

lieu thereof ‘‘September 30, 1996’’.

SEC. 513. POLICY REGARDING THE CONDITIONS WHICH THE GOVERNMENT OF THE PEOPLE’S REPUBLIC OF CHINA SHOULD

MEET TO CONTINUE TO RECEIVE NONDISCRIMINATORY

MOST-FAVORED-NATION TREATMENT.

(a) FINDINGS.—The Senate makes the following findings: (1) In an Executive Order of May 28, 1993, the President

established conditions for renewal of most-favored-nation

(MFN) status for the People’s Republic of China in 1994.

(2) The Executive Order requires that in making a recommendation about the further extension of MFN status to

China, the Secretary of State shall not recommend extension

unless the Secretary determines that—

(A) extension will substantially promote the freedom

of emigration objectives of section 402 of the Trade Act

of 1974; and

(B) China is complying with the 1992 bilateral agreement between the United States and China concerning

prison labor.

(3) The Executive Order further requires that in making

a recommendation, the Secretary of State shall determine
H. R. 2333—86

whether China has made overall, significant progress with

respect to—

(A) taking steps to begin adhering to the Universal

Declaration of Human Rights;

(B) releasing and providing an acceptable accounting

for Chinese citizens imprisoned or detained for the nonviolent expression of their political and religious beliefs,

including such expression of religious beliefs in connection

with the Democracy Wall and Tiananmen Square movements;

(C) ensuring humane treatment of prisoners, such as

by allowing access to prisons by international humanitarian

and human rights organizations;

(D) protecting Tibet’s distinctive religious and cultural

heritage; and

(E) permitting international radio and television broadcasts into China.

(4) The Executive Order further requires the Executive

Branch to resolutely pursue all legislative and executive actions

to ensure that China abides by its commitments to follow

fair, nondiscriminatory trade practices in dealing with United

States businesses, and adheres to the Nuclear Nonproliferation

Treaty, the Missile Technology Control Regime guidelines and

parameters, and other nonproliferation commitments.

(5) The Chinese government should cooperate with international efforts to obtain North Korea’s full, unconditional

compliance with the Nuclear Non-Proliferation Treaty.

(6) The President has initiated an intensive high-level dialogue with the Chinese government which began last year

with a meeting between the Secretary of State and the Chinese

Foreign Minister, including a meeting in Seattle between the

President and the President of China, meetings in Beijing with

the Secretary of the Treasury, the Assistant Secretary for

Human Rights and others, a recent meeting in Paris between

the Secretary of State and the Chinese Foreign Minister, and

recent meetings in Washington with several Under Secretaries

and their Chinese counterparts.

(7) The President’s efforts have led to some recent progress

on some issues of concern to the United States.

(8) Notwithstanding this, substantially more progress is

needed to meet the standards in the President’s Executive

Order.

(9) The Chinese government’s overall human rights record

in 1993 fell far short of internationally accepted norms as

it continued to repress critics and failed to control abuses

by its own security forces.

(b) SENSE OF SENATE.—It is the sense of the Senate that

the President of the United States should use all appropriate

opportunities, in particular more high-level exchanges with the

Chinese government, to press for further concrete progress toward

meeting the standards for continuation of MFN status as contained

in the Executive Order.

SEC. 514. IMPLEMENTATION OF PARTNERSHIP FOR PEACE.

(a) REPORT TO CONGRESS.—The President shall submit

annually, beginning 90 days after the date of enactment of this

Act, a detailed report to the Committee on Foreign Relations of
H. R. 2333—87

the Senate and the Committee on Foreign Affairs of the House

of Representatives on the implementation of the ‘‘Partnership for

Peace’’ initiative, including an assessment of the progress made

by former members of the Warsaw Treaty Organization in meeting

the criteria for full membership articulated in Article 10 of the

North Atlantic Treaty, wherein any other European state may,

by unanimous agreement, be invited to accede to the North Atlantic

Treaty if it is in a position to further the principles of the Treaty

and to contribute to the security of the North Atlantic area.

(b) AUTHORITY OF THE PRESIDENT.—The President is authorized

to confer, pursuant to agreement with any country eligible to participate in the Partnership for Peace, rights in respect of the military

and related civilian personnel (including dependents of any such

personnel) and activities of that country in the United States comparable to the rights conferred by that country in respect of the

military and related civilian personnel (including dependents of

any such personnel) and activities of the United States in that

country.

SEC. 515. POLICY TOWARD THAILAND, CAMBODIA, LAOS, AND BURMA.

It is the sense of the Congress that—

(1) the creation of a new Cambodian government through

United Nations sponsored elections offers a unique opportunity

for the revival of the Cambodian nation, an opportunity which

the United States should help realize;

(2) the President should enunciate a clear policy toward

Burma and, in so doing, be guided by the approach in Senate

Resolution 112;

(3) the government and people of Thailand are to be commended for Thailand’s return to civilian, democratic rule, and

for its contribution to the implementation of the Paris Peace

Accords on Cambodia;

(4) the President of the United States should convey to

Thailand United States concern over the continued support

for the Khmer Rouge by elements of the Thai military and

to urge the Thai Government to intensify its efforts to terminate

that support, in accordance with the Paris Peace Accords;

(5) the Government of Thailand should continue to allow

the democratic leaders of Burma to operate freely within Thailand and to grant them free passage to allow them to present

their case at the United Nations and other international gatherings;(6) the President of the United States should urge the

Government of Thailand to prosecute, with the full force of

law, those responsible for the trafficking, forced labor, and

physical and sexual abuse of women and children in Thailand,

and to protect the civil and human rights of Burmese women

in Thailand and prevent their further victimization; and

(7) the United States should work with the United Nations

High Commissioner for Refugees, the Government of Thailand,

and other relevant parties to ensure that the rights of asylum

seekers in Thailand, and in particular the Hmong people from

Laos, are fully respected and that force is not used in any

repatriations.

SEC. 516. PEACE PROCESS IN NORTHERN IRELAND.

It is the sense of the Congress that the United States should—
H. R. 2333—88

(1) strongly encourage all parties to the conflict in the

North of Ireland to renounce violence and to participate in

the current search for peace in the region; and

(2) assist in furthering the peace process where appropriate.

SEC. 517. SENSE OF THE SENATE ON THE ESTABLISHMENT OF AN

INTERNATIONAL CRIMINAL COURT.

(a) SENATE FINDINGS.—The Senate makes the following findings:

(1) The freedom and security of the international community rests on the sanctity of the rule of law.

(2) The international community is increasingly threatened

by unlawful acts such as war crimes, genocide, aggression,

crimes against humanity, terrorism, drug trafficking, money

laundering, and other crimes of an international character.

(3) The prosecution of individuals suspected of carrying

out such acts is often impeded by political and legal obstacles

such as amnesties, disputes over extradition, differences in

the structure and capabilities of national courts, and the lack

of uniform guidelines under which to try such individuals.

(4) The war crimes trials held in the aftermath of World

War II at Nuremberg, Germany, and Tokyo, Japan, demonstrated that fair and effective prosecution of war criminals

could be carried out in an international forum.

(5) Since its inception in 1945 the United Nations has

sought to build on the precedent established at the Nuremberg

and Tokyo trials by establishing a permanent international

criminal court with jurisdiction over crimes of an international

character.

(6) United Nations General Assembly Resolution 44/39,

adopted on December 4, 1989, called on the International Law

Commission to study the feasibility of an international criminal

court.

(7) In the years after passage of that resolution the International Law Commission has taken a number of steps to

advance the debate over such a court, including—

(A) the provisional adoption of a draft Code of Crimes

Against the Peace and Security of Mankind;

(B) the creation of a Working Group on an International Criminal Jurisdiction and the formulation by that

Working Group of several concrete proposals for the

establishment and operation of an international criminal

court; and

(C) the determination that an international criminal

court along the lines of that suggested by the Working

Group is feasible and that the logical next step would

be to proceed with the formal drafting of a statute for

such a court.

(8) United Nations General Assembly Resolution 47/33,

adopted on November 25, 1992, called on the International

Law Commission to begin the process of drafting a statute

for an international criminal court at its next session.

(9) Given the developments of recent years, the time is

propitious for the United States to lend its support to this

effort.

(b) SENSE OF THE SENATE.—It is the sense of the Senate that—
H. R. 2333—89

(1) the establishment of an international criminal court

with jurisdiction over crimes of an international character

would greatly strengthen the international rule of law; (2) such a court would thereby serve the interests of the United States and the world community; and (3) the United States delegation should make every effort to advance this proposal at the United Nations.

(c) REQUIRED REPORT.—Not later than 14 days after the date of enactment of this Act the President shall submit to the Committee on Foreign Relations of the Senate a detailed report on developments relating to, and United States efforts in support of, the

establishment of an international criminal court with jurisdiction

over crimes of an international character.

SEC. 518. INTERNATIONAL CRIMINAL COURT PARTICIPATION.

The United States Senate will not consent to the ratification

of a treaty providing for United States participation in an international criminal court with jurisdiction over crimes of an international nature which permits representatives of any terrorist

organization, including but not limited to the Palestine Liberation

Organization, or citizens, nationals or residents of any country

listed by the Secretary of State under section 6(j) of the Export

Administration Act of 1979 as having repeatedly provided support

for acts of international terrorism, to sit in judgement on American

citizens.

SEC. 519. PROTECTION OF FIRST AND FOURTH AMENDMENT RIGHTS.

The United States Senate will not consent to the ratification

of any Treaty providing for United States participation in an international criminal court with jurisdiction over crimes of an international character unless American citizens are guaranteed, in

the terms establishing such a court, and in the court’s operation,

that the court will take no action infringing upon or diminishing

their rights under the First and Fourth Amendments of the Constitution of the United States, as interpreted by the United States.

SEC. 520. POLICY ON TERMINATION OF UNITED STATES ARMS

EMBARGO.

(a) FINDINGS.—The Congress makes the following findings:

(1) On July 10, 1991, the United States adopted a policy

suspending all licenses and other approvals to export or otherwise transfer defense articles and defense services to Yugoslavia.

(2) On September 25, 1991, the United Nations Security

Council adopted Resolution 713, which imposed a mandatory

international embargo on all deliveries of weapons and military

equipment to Yugoslavia. (3) The United States considered the policy adopted July

10, 1991, to comply fully with Resolution 713 and therefore

took no additional action in response to that resolution.

(4) On January 8, 1992, the United Nations Security Council adopted Resolution 727, which decided that the mandatory

arms embargo imposed by Resolution 713 should apply to any

independent states that might thereafter emerge on the territory of Yugoslavia.

(5) On February 29 and March 1, 1992, the people of

Bosnia and Herzegovina voted in a referendum to declare

independence from Yugoslavia.
H. R. 2333—90

(6) On April 7, 1992, the United States recognized the

Government of Bosnia and Herzegovina.

(7) On May 22, 1992, the Government of Bosnia and

Herzegovina was admitted to full membership in the United

Nations.

(8) Consistent with Resolution 727, the United States has

continued to apply the policy adopted July 10, 1991, to

independent states that have emerged on the territory of the

former Yugoslavia, including Bosnia and Herzegovina.

(9) Subsequent to the adoption of Resolution 727 and

Bosnia and Herzegovina’s independence referendum, the siege

of Sarajevo began and fighting spread to other areas of Bosnia

and Herzegovina.

(10) The Government of Serbia intervened directly in the

fighting by providing significant military, financial, and political

support and direction to Serbian-allied irregular forces in

Bosnia and Herzegovina.

(11) In statements dated May 1 and May 12, 1992, the

Conference on Security and Cooperation in Europe declared

that the Government of Serbia and the Serbian-controlled Yugoslav National Army were committing aggression against the

Government of Bosnia and Herzegovina and assigned to them

prime responsibility for the escalation of bloodshed and destruction.

(12) On May 30, 1992, the United Nations Security Council

adopted Resolution 757, which condemned the Government of

Serbia for its continued failure to respect the territorial integrity of Bosnia and Herzegovina. (13) Serbian-allied irregular forces have occupied approximately 70 percent of the territory of Bosnia and Herzegovina,

committed gross violations of human rights in the areas they

have occupied, and established a secessionist government

committed to eventual unification with Serbia.

(14) The military and other support and direction provided

to Serbian-allied irregular forces in Bosnia and Herzegovina

constitutes an armed attack on the Government of Bosnia and

Herzegovina by the Government of Serbia within the meaning

of Article 51 of the United Nations Charter.

(15) Under Article 51, the Government of Bosnia and

Herzegovina, as a member of the United Nations, has an inherent right of individual or collective self-defense against the

armed attack from the Government of Serbia until the United

Nations Security Council has taken measures necessary to

maintain international peace and security. (16) The measures taken by the United Nations Security

Council in response to the armed attack on Bosnia and

Herzegovina have not been adequate to maintain international

peace and security.

(17) Bosnia and Herzegovina have been unable successfully

to resist the armed attack from Serbia because it lacks the

means to counter heavy weaponry that Serbia obtained from

the Yugoslav National Army upon the dissolution of Yugoslavia,

and because the mandatory international arms embargo has

prevented Bosnia and Herzegovina from obtaining from other

countries the means to counter such heavy weaponry.

(18) On December 18, 1992, with the affirmative vote of

the United States, the United Nations General Assembly
H. R. 2333—91

adopted Resolution 47/121, which urged the United Nations

Security Council to exempt Bosnia and Herzegovina from the

mandatory arms embargo imposed by Resolution 713.

(19) In the absence of adequate measures to maintain

international peace and security, continued application to the

Government of Bosnia and Herzegovina of the mandatory international arms embargo imposed by the United Nations Security

Council prior to the armed attack on Bosnia and Herzegovina

undermines that government’s right of individual or collective

self-defense and therefore contravenes Article 51 of the United

Nations Charter.

(20) Bosnia and Herzegovina’s right of self-defense under

Article 51 of the United Nations Charter includes the right

to ask for military assistance from other countries and to receive

such assistance if offered.

(b) POLICY ON TERMINATION OF ARMS EMBARGO.—(1) It is the

sense of the Congress that the President should terminate the

United States arms embargo of the Government of Bosnia and

Herzegovina upon receipt from that government of a request for

assistance in exercising its right of self-defense under Article 51

of the United Nations Charter.

(2) As used in this subsection, the term ‘‘United States arms

embargo of the Government of Bosnia and Herzegovina’’ means

the application to the Government of Bosnia and Herzegovina of—

(A) the policy adopted July 10, 1991, and published in

the Federal Register of July 19, 1991 (58 Fed. Reg. 33322)

under the heading ‘‘Suspension of Munitions Export Licenses

to Yugoslavia’’; and

(B) any similar policy being applied by the United States

Government as of the date of receipt of the request described

in subsection (a) pursuant to which approval is routinely denied

for transfers of defense articles and defense services to the

former Yugoslavia.

(c) POLICY ON MILITARY ASSISTANCE.—The President should

provide appropriate military assistance to the Government of Bosnia

and Herzegovina upon receipt from that government of a request

for assistance in exercising its right of self-defense under Article

51 of the United Nations Charter.

SEC. 521. SENSE OF SENATE ON RELATIONS WITH VIETNAM.

It is the sense of the Senate that—

(1) the Government of the United States is committed

to seeking the fullest possible accounting of American servicemen unaccounted for during the war in Vietnam;

(2) cooperation by the Government of Vietnam on resolving

the fate of those American servicemen unaccounted for has

increased significantly over the last three years and is essential

to the resolution of outstanding POW/MIA cases;

(3) substantial and tangible progress has been made in

the POW/MIA accounting process;

(4) cooperative efforts between the United States and Vietnam should continue in order to resolve all outstanding questions concerning the fate of Americans missing-in-action;

(5) United States senior military commanders and United

States personnel working in the field to account for United

States POW/MIAs in Vietnam believe that lifting the United
H. R. 2333—92

States trade embargo against Vietnam will facilitate and accelerate the accounting efforts; (6) therefore, in order to maintain and expand further

United States and Vietnamese efforts to obtain the fullest possible accounting, the President should lift the United States

trade embargo against Vietnam expeditiously; and (7) moveover, as the United States and Vietnam move

toward normalization of relations, the Government of Vietnam

should demonstrate further improvements in meeting internationally recognized standards of human rights.

SEC. 522. REPORT ON SANCTIONS ON VIETNAM.

Not later than 30 days after the date of enactment of this Act, the President shall submit a report, taking into account

information available to the United States Government, to the

Senate and the House of Representatives on achieving the fullest

possible accounting of United States personnel unaccounted for

from the Vietnam War, including— (1) progress on recovering and repatriating American

remains from Vietnam;

(2) progress on resolution of discrepancy cases;

(3) the status of Vietnamese cooperation in implementing

trilateral investigations with Laos; and

(4) progress on accelerated efforts to obtain all POW/MIA

related documents from Vietnam.

SEC. 523. REPORT ON PEOPLE’S MUJAHEDDIN OF IRAN.

(a) REPORT.—Not later than 180 days after the date of enactment of this Act, the President shall submit to the Committee

on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate a report detailing the structure, current activities, external support, and history of the People’s

Mujaheddin of Iran. Such report shall include information on any

current direct or indirect support by the People’s Mujaheddin for

acts of international terrorism.

(b) CONSULTATION.—In compiling the report required under subsection (a), the President shall consult with the Secretary of

State, the Secretary of Defense, the Attorney General, the Secretary

of Transportation, the intelligence community, and such law

enforcement agencies as may be appropriate. (c) CLASSIFICATION.—The President should, to the maximum

extent possible, submit the report required under subsection (a)

in an unclassified form.

SEC. 524. AMENDMENTS TO THE PLO COMMITMENTS COMPLIANCE

ACT.

The PLO Commitments Compliance Act of 1989 (title VIII

of Public Law 101–246) is amended—

(1) in section 804(b), by striking ‘‘Beginning 30 days after

the date of enactment of this Act, and every 120 days thereafter

in which the dialogue between the United States and the PLO

has not been discontinued’’, and inserting ‘‘In conjunction with

each written policy justification required under section (3)(b)(1)

of the Middle East Peace Facilitation Act of 1994 or every

180 days,’’;

(2) in section 804(b)(1), by striking ‘‘regarding the cessation

of terrorism and recognition of Israel’s right to exist’’ and inserting ‘‘and each of the commitments described in section (4)(A)
H. R. 2333—93

of the Middle East Peace Facilitation Act of 1994 (Oslo commitments)’’;

(3) in section 804(b)(2), by inserting ‘‘and Oslo’’ after

‘‘Geneva’’;

(4) in section 802(8), by inserting ‘‘and on September 9,

1993’’ after ‘‘1988’’;

(5) in section 802, by redesignating paragraph (8) as paragraph (10);

(6) by striking ‘‘and’’ at the end of section 802(7); and

(7) by inserting after section 802(7) the following:

‘‘(8) the President, following an attempted terrorist attack

upon a Tel Aviv beach on May 30, 1990, suspended the United

States dialogue with the PLO;

‘‘(9) the President resumed the United States dialogue with

the PLO in response to the commitments made by the PLO

in letters to the Prime Minister of Israel and the Foreign

Minister of Norway of September 9, 1993; and’’.

SEC. 525. FREE TRADE IN IDEAS.

(a) SENSE OF CONGRESS.—It is the sense of the Congress that

the President should not restrict travel or exchanges for informational, educational, religious, cultural, or humanitarian purposes

or for public performances or exhibitions, between the United States

and any other country.

(b) AMENDMENTS TO TRADING WITH THE ENEMY ACT.—(1) Section 5(b)(4) of the Trading With the Enemy Act (50 U.S.C. App.

5(b)(4)) is amended to read as follows:

‘‘(4) The authority granted to the President by this section

does not include the authority to regulate or prohibit, directly

or indirectly, the importation from any country, or the exportation to any country, whether commercial or otherwise, regardless of format or medium of transmission, of any information

or informational materials, including but not limited to, publications, films, posters, phonograph records, photographs, microfilms, microfiche, tapes, compact disks, CD ROMs, artworks,

and news wire feeds. The exports exempted from regulation

or prohibition by this paragraph do not include those which

are otherwise controlled for export under section 5 of the Export

Administration Act of 1979, or under section 6 of that Act

to the extent that such controls promote the nonproliferation

or antiterrorism policies of the United States, or with respect

to which acts are prohibited by chapter 37 of title 18, United

States Code.’’.

(2) The authorities conferred upon the President by section 5(b) of the Trading With the Enemy Act, which were being exercised

with respect to a country on July 1, 1977, as a result of a national

emergency declared by the President before such date, and are

being exercised on the date of the enactment of this Act, do not

include the authority to regulate or prohibit, directly or indirectly,

any activity which, under section 5(b)(4) of the Trading With the

Enemy Act, as amended by paragraph (1) of this subsection, may

not be regulated or prohibited.

(c) AMENDMENTS TO INTERNATIONAL EMERGENCY ECONOMIC

POWERS ACT.—

(1) Section 203(b) of the International Emergency Economic

Powers Act (50 U.S.C. 1702(b)) is amended by striking paragraph (3) and inserting the following new paragraphs:
H. R. 2333—94

‘‘(3) the importation from any country, or the exportation

to any country, whether commercial or otherwise, regardless

of format or medium of transmission, of any information or

informational materials, including but not limited to, publications, films, posters, phonograph records, photographs, microfilms, microfiche, tapes, compact disks, CD ROMs, artworks,

and news wire feeds. The exports exempted from regulation

or prohibition by this paragraph do not include those which

are otherwise controlled for export under section 5 of the Export

Administration Act of 1979, or under section 6 of such Act

to the extent that such controls promote the nonproliferation

or antiterrorism policies of the United States, or with respect

to which acts are prohibited by chapter 37 of title 18, United

States Code; or

‘‘(4) any transactions ordinarily incident to travel to or

from any country, including importation of accompanied baggage for personal use, maintenance within any country including payment of living expenses and acquisition of goods or

services for personal use, and arrangement or facilitation of

such travel including nonscheduled air, sea, or land voyages.’’.

(2) The amendments made by paragraph (1) to section

203(b)(3) of the International Emergency Economic Powers Act

apply to actions taken by the President under section 203

of such Act before the date of enactment of this Act which

are in effect on such date and to actions taken under such

section on or after such date.

(3) Section 203(b)(4) of the International Emergency Economic Powers Act (as added by paragraph (1)) shall not apply

to restrictions on the transactions and activities described in

section 203(b)(4) in force on the date of enactment of this

Act, with respect to countries embargoed under the International Emergency Economic Powers Act on the date of enactment of this Act.

SEC. 526. EMBARGO AGAINST CUBA.

It is the sense of the Congress that the President should advocate and seek a mandatory international United Nations Security

Council embargo against the dictatorship of Cuba.

SEC. 527. EXPROPRIATION OF UNITED STATES PROPERTY.

(a) PROHIBITION.—None of the funds made available to carry

out this Act, the Foreign Assistance Act of 1961, or the Arms

Export Control Act may be provided to a government or any agency

or instrumentality thereof, if the government of such country (other

than a country described if subsection (d))—

(1) has on or after January 1, 1956—

(A) nationalized or expropriated the property of any

United States person,

(B) repudiated or nullified any contract with any

United States person, or

(C) taken any other action (such as the imposition

of discriminatory taxes or other exactions) which has the

effect of seizing ownership or control of the property of

any United States person, and

(2) has not, within the period specified in subsection (c),

either—

(A) returned the property,
H. R. 2333—95

(B) provided adequate and effective compensation for

such property in convertible foreign exchange or other

mutually acceptable compensation equivalent to the full

value thereof, as required by international law,

(C) offered a domestic procedure providing prompt,

adequate and effective compensation in accordance with

international law, or

(D) submitted the dispute to arbitration under the

rules of the Convention for the Settlement of Investment

Disputes or other mutually agreeable binding international

arbitration procedure.

(b) OTHER ACTIONS.—The President shall instruct the United

States Executive Directors of each multilateral development bank

and international financial institution to vote against any loan

or other utilization of the funds of such bank or institution for

the benefit of any country to which assistance is prohibited under

subsection (a), unless such assistance is directed specifically to

programs which serve the basic human needs of the citizens of

that country.

(c) PERIOD FOR SETTLEMENT OF CLAIMS.—The period of time

described in subsection (a)(2) is the latest of the following—

(1) 3 years after the date on which a claim was filed,

(2) in the case of a country that has a totalitarian or

authoritarian government at the time of the action described

in subsection (a)(1), 3 years after the date of installation of

a democratically elected government, or

(3) 90 days after the date of enactment of this Act.

(d) EXCEPTED COUNTRIES AND TERRITORIES.—This section shall

not apply to any country established by international mandate

through the United Nations or to any territory recognized by the

United States Government to be in dispute.

(e) RESUMPTION OF ASSISTANCE.—A prohibition or termination

of assistance under subsection (a) and an instruction to vote against

loans under subsection (b) shall cease to be effective when the

President certifies in writing to the Speaker of the House of Representatives and to the Committee on Foreign Relations of the

Senate that such government has taken one of the steps described

in subsection (a)(2).

(f) REPORTING REQUIREMENT.—Not later than 90 days after

the date of enactment of this Act and at the beginning of each

fiscal year thereafter, the Secretary of State shall transmit to the

Speaker of the House of Representatives and the Committee on

Foreign Relations of the Senate, a report containing the following: (1) A list of every country in which the United States

Government is aware that a United States person has an

outstanding expropriation claim.

(2) The total number of such outstanding expropriation

claims made by United States persons against each such country.

(3) The period of time in which each such claim has been

outstanding.

(4) The status of each case and efforts made by the United

States Government and the government of the country in which

such claim has been made, to take one or more of the steps

described in subsection (a)(2).

(5) Each project a United States Executive Director voted

against as a result of the action described in subsection (b).
H. R. 2333—96

(g) WAIVER.—The President may waive the prohibitions in sub- sections (a) and (b) for a country, on an annual basis, if the President determines and so notifies Congress that it is in the national

interest to do so.

(h) DEFINITIONS.—For the purpose of this section, the term

‘‘United States person’’ means a United States citizen or corporation,

partnership, or association at least 50 percent beneficially owned

by United States citizens.

SEC. 528. REPORT ON RUSSIAN MILITARY OPERATIONS IN THE

INDEPENDENT STATES OF THE FORMER SOVIET UNION.

(a) IN GENERAL.—Not later than 5 months after the date of

enactment of this Act, the President shall submit to Congress

a report on the operations and activities of the armed forces of

the Russian Federation, including elements purportedly operating

outside the chain of command of the armed forces of the Russian

Federation, outside the borders of the Russian Federation and,

specifically, in the other independent states that were a part of

the former Soviet Union and in the Baltic States.

(b) CONTENT OF REPORT.—The report required by subsection (a) shall include, but not be limited to—

(1) an assessment of the numbers and types of Russian armed forces deployed in each of the other independent states

of the former Soviet Union and in the Baltic States and a

summary of their operations and activities since the demise

of the Soviet Union in December 1991;

(2) a detailed assessment of the involvement of Russian

armed forces in conflicts in or involving Armenia, Azerbaijan,

Georgia, Moldova, and Tajikistan, including support provided

directly or indirectly to one or more parties to these conflicts; (3) an assessment of the political and military objectives of the operations and activities discussed in paragraphs (1)

and (2) and of the strategic objectives of the Russian Federation

in its relations with the other independent states of the former

Soviet Union and the Baltic States;

(4) an assessment of other significant actions, including political and economic, taken by the Russian Federation to

influence the other independent states of the former Soviet

Union and the Baltic States in pursuit of its strategic objectives;

and

(5) an analysis of the new Russian military doctrine adopted by President Yeltsin on November 2, 1993, with

particular regard to its implications for Russian policy toward

the other independent states of the former Soviet Union and

the Baltic States.

(c) DEFINITIONS.—For the purposes of this section— (1) ‘‘the other independent states of the former Soviet

Union’’ means Armenia, Azerbaijan, Belarus, Georgia,

Kazakhstan, Kyrgyzstan, Moldova, Tajikistan, Turkmenistan,

Ukraine, and Uzbekistan; and

(2) ‘‘the Baltic States’’ means Latvia, Lithuania, and Estonia.

SEC. 529. UNITED STATES POLICY ON NORTH KOREA.

It is the sense of the Congress that:

(1) It is in the United States national security interest

to curtail the proliferation of weapons of mass destruction,

particularly nuclear weapons.
H. R. 2333—97

(2) The North Korea nuclear weapons program is one of

the most pressing national security challenges the United

States currently faces.

(3) North Korea’s development of other weapons of mass

destruction and of ballistic missiles further threatens United

States national security interests and regional security.

(4) United States policy should ensure that North Korea

does not possess a nuclear bomb or the capability to build

one.

(5) United States forces in Korea must remain vigilant

and maintain a robust defense posture.

(6) While diplomacy is the preferable method of dealing

with the North Korean nuclear challenge, all options, including

the appropriate use of force, remain available.

(7) In fashioning an appropriate policy for dealing with

the challenge presented by North Korea’s nuclear program,

the Administration should consult closely with United States

treaty allies, particularly Japan and the Republic of Korea,

as well as with China, Russia, and other members of the

United Nations Security Council.

(8) United States policy should support the efforts of the

International Atomic Energy Agency (IAEA), as the international community’s designated body for verifying compliance

with the Nuclear Nonproliferation Treaty, to perform inspections of North Korea’s nuclear program.

(9) The United States should encourage strong and expeditious action by the United Nations Security Council inasmuch

as North Korea has proved unwilling to comply fully with

the following: (A) North Korea’s December 1991 denuclearization

agreement with South Korea pledging not to possess, manufacture, or use nuclear weapons, not to possess plutonium

reprocessing facilities, and to negotiate the establishment

of a nuclear inspection system. (B) The nuclear safeguards agreement North Korea

signed with the IAEA on January 30, 1992. (C) The agreement on IAEA inspections North Korea

accepted on February 15, 1994.

(10) Unless North Korea unequivocally adheres to the

Nuclear Nonproliferation Treaty and abides by all provisions

of that treaty, the President should seek international consensus to isolate North Korea, including the imposition of sanctions, in an effort to persuade Pyongyang to halt its nuclear

weapons program and permit IAEA inspections of all its nuclear

facilities.

(11) Recognizing that within the international community

China has significant influence over Pyongyang, the nature

and extent of Chinese cooperation with the rest of the international community on the North Korean nuclear issue, including Chinese support for international sanctions should such

sanctions be proposed and/or adopted, will inevitably be a

significant factor in United States-China relations.

(12) If unable to achieve an international consensus to

isolate North Korea, the President should employ all unilateral

means of leverage over North Korea, including, but not limited

to, the prohibition of any transaction involving the commercial

sale of any good or technology to North Korea.
H. R. 2333—98

(13) The President should consult with United States allies

in the region regarding the military posture of North Korea

and the ability of the United States and its allies to deter

a North Korean attack, or to defeat such an attack should

it occur.

(14) Toward these ends, the United States and South Korea

should take all steps necessary to ensure that United States

and South Korean forces stationed on the Korean peninsula

can defend themselves, including the holding of Team Spirit

or other joint military exercises, the deployment of Patriot

missiles to South Korea, and other appropriate measures.

(15) The problem posed by North Korea’s nuclear program

is not a bilateral problem between the United States and North

Korea, but a problem in which virtually the entire global

community is united against North Korea.

(16) The international community must insist upon full

compliance by North Korea with all its nonproliferation commitments including acceptance of regular and ad hoc inspections

of its declared nuclear facilities on a continuing basis, as well

as special inspections of all suspected nuclear sites as the

IAEA deems appropriate.

(17) International concerns about North Korea’s nuclear

intentions and capabilities will not be adequately addressed

until North Korea cooperates fully with the IAEA, all North

Korea nuclear facilities and materials are placed under

fullscope safeguards, and North Korea adheres unequivocally

to the Nuclear Nonproliferation Treaty as well as to its 1991

denuclearization agreement with South Korea. (18) The Administration should work to encourage a

productive dialogue between North and South Korea that adequately addresses all security concerns on the Korean peninsula.

SEC. 530. ENFORCEMENT OF NONPROLIFERATION TREATIES.

(a) POLICY.—It is the sense of the Congress that the President

should instruct the United States Permanent Representative to

the United Nations to enhance the role of that institution in the

enforcement of nonproliferation treaties through the passage of

a United Nations Security Council resolution which would state

that, any non-nuclear weapon state that is found by the United

Nations Security Council, in consultation with the International

Atomic Energy Agency (IAEA), to have terminated, abrogated, or

materially violated an IAEA full-scope safeguards agreement would

be subjected to international economic sanctions, the scope of which

to be determined by the United Nations Security Council.

(b) PROHIBITION.—Notwithstanding any other provision of law,

no United States assistance under the Foreign Assistance Act of

1961 shall be provided to any non-nuclear weapon state that is

found by the President to have terminated, abrogated, or materially

violated an IAEA full-scope safeguard agreement or materially violated a bilateral United States nuclear cooperation agreement

entered into after the date of enactment of the Nuclear Non-Proliferation Act of 1978.

(c) WAIVER.—The President may waive the application of subsection (b) if—

(1) the President determines that the termination of such

assistance would be seriously prejudicial to the achievement
H. R. 2333—99

of United States nonproliferation objectives or otherwise jeopardize the common defense and security; and (2) the President reports such determination to the Congress at least 15 days in advance of any resumption of assistance to that state.

SEC. 531. TAIWAN.

In view of the self-defense needs of Taiwan, the Congress makes the following declarations: (1) Sections 2 and 3 of the Taiwan Relations Act are

reaffirmed.

(2) Section 3 of the Taiwan Relations Act take primacy over statements of United States policy, including communiques, regulations, directives, and policies based thereon. (3) In assessing the extent to which the People’s Republic of China is pursuing its ‘‘fundamental policy’’ to strive peacefully to resolve the Taiwan issue, the United States should

take into account both the capabilities and intentions of the

People’s Republic of China.

(4) The President should on a regular basis assess changes

in the capabilities and intentions of the People’s Republic of

China and consider whether it is appropriate to adjust arms

sales to Taiwan accordingly.

SEC. 532. WAIVER OF SANCTIONS WITH RESPECT TO THE FEDERAL

REPUBLIC OF YUGOSLAVIA TO PROMOTE DEMOCRACY

ABROAD.

(a) AUTHORITY.—Notwithstanding any other provision of law,

the President is authorized and encouraged to exempt from sanctions imposed against the Federal Republic of Yugoslavia those

United States-supported programs, projects, or activities involving

reform of the electoral process, or the development of democratic

institutions or democratic political parties.

(b) POLICY.—The President, acting through the United States

Permanent Representative to the United Nations, should propose

that any action, past or future, by the Security Council pursuant

to Article 41 of the United Nations Charter, with respect to the

Federal Republic of Yugoslavia, should take account of the exemption described in subsection (a).

SEC. 533. FREEDOM OF INFORMATION EXEMPTION FOR CERTAIN

OPEN SKIES TREATY DATA.

(a) IN GENERAL.—Data with respect to a foreign country collected by sensors during observation flights conducted in connection

with the Treaty on Open Skies, including flights conducted prior

to entry into force of the treaty, shall be exempt from disclosure

under the Freedom of Information Act—

(1) if the country has not disclosed the data to the public;

and

(2) if the country has not, acting through the Open Skies

Consultative Commission or any other diplomatic channel,

authorized the United States to disclose the data to the public.

(b) STATUTORY CONSTRUCTION.—This section constitutes a specific exemption within the meaning of section 552(b)(3) of title

5, United States Code.

(c) DEFINITIONS.—For the purposes of this section—

(1) the term ‘‘Freedom of Information Act’’ means the provisions of section 552 of title 5, United States Code;
H. R. 2333—100

(2) the term ‘‘Open Skies Consultative Commission’’ means

the commission established pursuant to Article X of the Treaty

on Open Skies; and (3) the term ‘‘Treaty on Open Skies’’ means the Treaty on Open Skies, signed at Helsinki on March 24, 1992.

SEC. 534. STUDY OF DEMOCRACY EFFECTIVENESS.

(a) REPORT.—Not later than 180 days after the date of enact- ment of this Act, the President shall submit a report to the Committee on Foreign Relations of the Senate and the Committee on

Foreign Affairs of the House of Representatives on a streamlined,

cost-effective organization of United States democracy assistance.

The report shall include a review of all activities funded by the

United States Government, including those funded through the

National Endowment for Democracy, the United States Information

Agency, and the Agency for International Development. (b) CONTENT OF REPORT.—The report shall include the following: (1) A review of all United States-sponsored programs to

promote democracy, including identification and discussion of

those programs that are overlapping. (2) A clear statement of achievable goals and objectives

for all United States-sponsored democracy programs, and an

evaluation of the manner in which current democracy activities

meet these goals and objectives. (3) A review of the current United States Government

organization for the delivery of democracy assistance and recommended changes to reduce costs and streamline overhead

involved in the delivery of democracy assistance. (4) Recommendations for coordinating programs, policies,

and priorities to enhance the United States Government’s role

in democracy promotion. (5) A review of all agencies involved in delivering United

States Government funds in the form of democracy assistance

and a recommended focal point or lead agency within the United

States Government for policy oversight of the effort. (6) A review of the feasibility and desirability of mandating

non-United States Government funding, including matching

funds and in-kind support, for democracy promotion programs.

If it is determined that such non-Government funding is feasible

and desirable, recommendations should be made regarding

goals and procedures for implementation.

SEC. 535. SENSE OF CONGRESS CONCERNING UNITED STATES CITIZENS VICTIMIZED BY GERMANY DURING WORLD WAR II.

It is the sense of the Congress that United States citizens

who were victims of war crimes and crimes against humanity

committed by the Government of Germany during the period 1939

to 1945 should be compensated by the Government of Germany.

SEC. 536. REPORTING REQUIREMENTS ON OCCUPIED TIBET.

(a) REPORT ON UNITED STATES-TIBET RELATIONS.—Because

Congress has determined that Tibet is an occupied sovereign country under international law and that its true representatives are

the Dalai Lama and the Tibetan Government in exile—

(1) it is the sense of the Congress that the United States

should seek to establish a dialogue with those recognized by

Congress as the true representatives of the Tibetan people,
H. R. 2333—101

the Dalai Lama, his representatives and the Tibetan Government in exile, concerning the situation in Tibet and the future

of the Tibetan people and to expand and strengthen United

States-Tibet cultural and educational relations, including

promoting bilateral exchanges arranged directly with the

Tibetan Government in exile; and

(2) not later than 6 months after the date of enactment

of this Act, and every 12 months thereafter, the Secretary

of State shall transmit to the Chairman of the Committee

on Foreign Relations and the Speaker of the House of Representatives a report on the state of relations between the

United States and those recognized by Congress as the true

representatives of the Tibetan people, the Dalai Lama, his

representatives and the Tibetan Government in exile, and on

conditions in Tibet.

(b) SEPARATE TIBET REPORTS.—

(1) It is the sense of the Congress that whenever a report

is transmitted to the Congress on a country-by-country basis

there should be included in such report, where applicable, a

separate report on Tibet listed alphabetically with its own

state heading.

(2) The reports referred to in paragraph (1) include, but

are not limited to, reports transmitted under sections 116(d)

and 502B(b) of the Foreign Assistance Act of 1961 (relating

to human rights).

PART B—SPOILS OF WAR ACT

SEC. 551. SHORT TITLE.

This part may be cited as the ‘‘Spoils of War Act of 1994’’.

SEC. 552. TRANSFERS OF SPOILS OF WAR.

(a) ELIGIBILITY FOR TRANSFER.—Spoils of war in the possession,

custody, or control of the United States may be transferred to

any other party, including any government, group, or person, by

sale, grant, loan or in any other manner, only to the extent and

in the same manner that property of the same type, if otherwise

owned by the United States, may be so transferred. (b) TERMS AND CONDITIONS.—Any transfer pursuant to sub- section (a) shall be subject to all of the terms, conditions, and

requirements applicable to the transfer of property of the same

type otherwise owned by the United States.

SEC. 553. PROHIBITION ON TRANSFERS TO COUNTRIES WHICH SUPPORT TERRORISM.

Spoils of war in the possession, custody, or control of the

United States may not be transferred to any country determined

by the Secretary of State, for purposes of section 40 of the Arms

Export Control Act, to be a nation whose government has repeatedly

provided support for acts of international terrorism.

SEC. 554. REPORT ON PREVIOUS TRANSFERS.

Not later than 90 days after the date of enactment of this

Act, the President shall submit to the appropriate congressional

committees a report describing any spoils of war obtained subsequent to August 2, 1990 that were transferred to any party, including any government, group, or person, before the date of enactment
H. R. 2333—102

of this Act. Such report shall be submitted in unclassified form

to the extent possible.

SEC. 555. DEFINITIONS.

As used in this part—

(1) the term ‘‘appropriate congressional committees’’ means

the Committee on Foreign Relations of the Senate and the

Committee on Foreign Affairs of the House of Representatives,

or, where required by law for certain reporting purposes, the

Select Committee on Intelligence of the Senate and the Select

Committee on Intelligence of the House of Representatives;

(2) the term ‘‘enemy’’ means any country, government,

group, or person that has been engaged in hostilities, whether

or not lawfully authorized, with the United States;

(3) the term ‘‘person’’ means—

(A) any natural person;

(B) any corporation, partnership, or other legal entity;

and

(C) any organization, association, or group; and

(4) the term ‘‘spoils of war’’ means enemy movable property

lawfully captured, seized, confiscated, or found which has

become United States property in accordance with the laws

of war.

SEC. 556. CONSTRUCTION.

Nothing in this part shall apply to—

(1) the abandonment or failure to take possession of spoils

of war by troops in the field for valid military reasons related

to the conduct of the immediate conflict, including the burden

of transporting such property or a decision to allow allied

forces to take immediate possession of certain property solely

for use during an ongoing conflict;

(2) the abandonment or return of any property obtained,

borrowed, or requisitioned for temporary use during military

operations without intent to retain possession of such property;

(3) the destruction of spoils of war by troops in the field;

(4) the return of spoils of war to previous owners from

whom such property had been seized by enemy forces; or

(5) minor articles of personal property which have lawfully

become the property of individual members of the armed forces

as war trophies pursuant to public written authorization from

the Department of Defense.

PART C—ANTI-ECONOMIC DISCRIMINATION

ACT

SEC. 561. SHORT TITLE.

This part may be cited as the ‘‘Anti-Economic Discrimination

Act of 1994’’.

SEC. 562. ISRAEL’S DIPLOMATIC STATUS.

It is the sense of the Congress that the Secretary of State

should make the issue of Israel’s diplomatic status a priority and

urge countries that receive United States assistance to immediately

establish full diplomatic relations with the state of Israel.
H. R. 2333—103

SEC. 563. POLICY ON MIDDLE EAST ARMS SALES.

(a) BOYCOTT OF ISRAEL.—Section 322 of the Foreign Relations

Authorization Act, Fiscal Years 1992 and 1993 (Public Law 102–

138) is amended—

(1) in paragraph (2), by striking ‘‘and’’ at the end; and

(2) in paragraph (3)—

(A) by striking ‘‘and’’ at the end of subparagraph (A);

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

(B) and inserting ‘‘; and’’; and

(C) by adding at the end the following new subparagraph:

‘‘(C) does not participate in the Arab League primary

or secondary boycott of Israel.’’.

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

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

submit to the Speaker of the House of Representatives and the

Chairman of the Committee on Foreign Relations of the Senate

a report concerning steps taken to ensure that the goals of section

322 of the Foreign Relations Authorization Act, Fiscal Years 1992

and 1993 are being met.

SEC. 564. PROHIBITION ON CERTAIN SALES AND LEASES.

(a) PROHIBITION.—No defense article or defense service may

be sold or leased by the United States Government to any country

or international organization that, as a matter of policy or practice,

is known to have sent letters to United States firms requesting

compliance with, or soliciting information regarding compliance

with, the Arab League primary or secondary boycott of Israel,

unless the President determines, and so certifies to the appropriate

congressional committees, that that country or organization does

not currently maintain a policy or practice of making such requests

or solicitations.

(b) WAIVER.—

(1) 1-YEAR WAIVER.—On or after the effective date of this

section, the President may waive, for a period of 1 year, the

application of subsection (a) with respect to any country or

organization if the President determines, and reports to the

appropriate congressional committees, that—

(A) such waiver is in the national interest of the United

States, and such waiver will promote the objectives of

this section to eliminate the Arab boycott; or

(B) such waiver is in the national security interest

of the United States.

(2) EXTENSION OF WAIVER.—If the President determines

that the further extension of a waiver will promote the objectives of this section, the President, upon notification of the

appropriate congressional committees, may grant further extensions of such waiver for successive 12-month periods.

(3) TERMINATION OF WAIVER.—The President may, at any

time, terminate any waiver granted under this subsection.

(c) DEFINITIONS.—As used in this section—

(1) the term ‘‘appropriate congressional committees’’ means

the Committee on Foreign Relations of the Senate and the

Committee on Foreign Affairs of the House of Representatives;

and
H. R. 2333—104

(2) the terms ‘‘defense article’’ and ‘‘defense service’’ have

the meanings given to such terms by paragraphs (3) and (4),

respectively, of section 47 of the Arms Export Control Act.

(d) EFFECTIVE DATE.—This section shall take effect 1 year

after the date of enactment of this Act.

SEC. 565. PROHIBITION ON DISCRIMINATORY CONTRACTS.

(a) PROHIBITION.—

(1) Except for real estate leases and as provided in subsection (b), the Department of State may not enter into any

contract that expends funds appropriated to the Department

of State for an amount in excess of the small purchase threshold

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

Policy Act (41 U.S.C. 403(11))—

(A) with a foreign person that complies with the Arab

League boycott of Israel, or

(B) with any foreign or United States person that

discriminates in the award of subcontracts on the basis

of religion.

(2) For purposes of this section—

(A) a foreign person complies with the boycott of Israel

by Arab League countries when that foreign person takes

or knowingly agrees to take any action, with respect to

the boycott of Israel by Arab League countries, which section 8(a) of the Export Administration Act of 1979 (50

U.S.C. App. 2407(a)) prohibits a United States person from

taking, except that for purposes of this paragraph, the

term ‘‘United States person’’ as used in subparagraphs

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

to mean ‘‘person’’; and

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

than a United States person as defined in section 16(2)

of the Export Administration Act of 1979 (50 U.S.C. App.

2415).

(3) For purposes of paragraph (1), a foreign person shall

be deemed not to comply with the boycott of Israel by Arab

League countries if that person, or the Secretary of State or

his designee on the basis of available information, certifies

that the person violates or otherwise does not comply with

the boycott of Israel by Arab League countries by taking any

actions prohibited by section 8(a) of the Export Administration

Act of 1979 (50 U.S.C. App. 2407(a)). Certification by the Secretary of State or his designee may occur only 30 days after

notice has been given to the Congress that this certification

procedure will be utilized at a specific overseas mission.

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

may waive the requirements of this section on a country-by-country

basis for a period not to exceed one year upon certification to

the Congress by the Secretary that such waiver is in the national

interest and is necessary to carry on diplomatic functions of the

United States. Each such certification shall include a detailed justification for the waiver with respect to each such country.

(c) RESPONSES TO CONTRACT SOLICITATIONS.—(1) Except as provided in paragraph (2) of this subsection, the Secretary of State

shall ensure that any response to a solicitation for a bid or a

request for a proposal, with respect to a contract covered by sub-
H. R. 2333—105

section (a), includes the following clause, in substantially the following form:

‘‘ARAB LEAGUE BOYCOTT OF ISRAEL

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

‘‘(1) the term ‘foreign person’ means any person other than

a United States person as defined in paragraph (2); and

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

States resident or national (other than an individual resident

outside the United States and employed by other than a United

States person), any domestic concern (including any permanent

domestic establishment of any foreign concern), and any foreign

subsidiary or affiliate (including any permanent foreign

establishment) of any domestic concern which is controlled

in fact by such domestic concern, as determined under regulations of the President.

‘‘(b) CERTIFICATION.—By submitting this offer, the Offeror certifies that it is not—

‘‘(1) taking or knowingly agreeing to take any action, with

respect to the boycott of Israel by Arab League countries, which

section 8(a) of the Export Administration Act of 1979 (50 U.S.C.

App. 2407(a)) prohibits a United States person from taking;

or

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

basis of religion.’’.

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

required by paragraph (1), if the Offeror is deemed not to comply

with the Arab League boycott of Israel by the Secretary of State

or a designee on the basis of available information. Certification

by the Secretary of State or a designee may occur only 30 days

after notice has been given to the Congress that this certification

procedure will be utilized at a specific overseas mission.

(3) The Secretary of State shall ensure that all State Department contract solicitations include a detailed explanation of the

requirements of section 8(a) of the Export Administration Act of

1979 (50 U.S.C. App. 2407(a)).

(d) REVIEW AND TERMINATION.—(1) The Department of State

shall conduct reviews of the certifications submitted pursuant to

this section for the purpose of assessing the accuracy of the certifications.

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

of a violation of the certification as required by this section, filed

with the Secretary of State, the Department of State shall investigate such complaint, and if such complaint is found to be correct

and a violation of the certification has been found, all contracts

with such violator shall be terminated for default as soon as practicable, and, for a period of two years thereafter, the State Department shall not enter into any contracts with such a violator.

(e) UNITED STATES INFORMATION AGENCY.—The provisions of

this section shall apply to the United States Information Agency

in the same manner and extent to which such provisions apply

to the Department of State. In the application of this section to

the United States Information Agency, the Director of the United

States Information Agency or a designee shall have the authorities

and responsibilities of the Secretary of State.
H. R. 2333—106

PART D—THE CAMBODIAN GENOCIDE JUSTICE

ACT

SEC. 571. SHORT TITLE.

This part may be cited as the ‘‘Cambodian Genocide Justice

Act’’.

SEC. 572. POLICY.

(a) IN GENERAL.—Consistent with international law, it is the

policy of the United States to support efforts to bring to justice

members of the Khmer Rouge for their crimes against humanity

committed in Cambodia between April 17, 1975, and January 7,

1979.

(b) SPECIFIC ACTIONS URGED.—To that end, the Congress urges the President—

(1) to collect, or assist appropriate organizations and individuals to collect relevant data on crimes of genocide

committed in Cambodia;

(2) in circumstances which the President deems appropriate, to encourage the establishment of a national or international criminal tribunal for the prosecution of those accused

of genocide in Cambodia; and

(3) as necessary, to provide such national or international

tribunal with information collected pursuant to paragraph (1).

SEC. 573. ESTABLISHMENT OF STATE DEPARTMENT OFFICE.

(a) ESTABLISHMENT.—(1) None of the funds authorized to be

appropriated by this Act for ‘‘Diplomatic and Consular Programs’’

shall be available for obligation or expenditure during fiscal years

1994 and 1995 unless, not later than 90 days after the date of

enactment of this Act, the Secretary of State has established within

the Department of State under the Assistant Secretary for East

Asia and Pacific Affairs (or any successor Assistant Secretary) the

Office of Cambodian Genocide Investigation (hereafter in this part

referred to as the ‘‘Office’’).

(2) The Office may carry out its activities inside or outside

of Cambodia, except that not less than 75 percent of the funds

made available for the Office and its activities shall be used to

carry out activities within Cambodia.

(b) PURPOSE.—The purpose of the Office shall be to support,

through organizations and individuals with whom the Secretary

of State may contract to carry out the operations of the Office,

as appropriate, efforts to bring to justice members of the Khmer

Rouge for their crimes against humanity committed in Cambodia

between April 17, 1975, and January 7, 1979, including— (1) to investigate crimes against humanity committed by

national Khmer Rouge leaders during that period; (2) to provide the people of Cambodia with access to documents, records, and other evidence held by the Office as a

result of such investigation; (3) to submit the relevant data to a national or international penal tribunal that may be convened to formally hear

and judge the genocidal acts committed by the Khmer Rouge;

and

(4) to develop the United States proposal for the establishment of an international criminal tribunal for the prosecution

of those accused of genocide in Cambodia.
H. R. 2333—107

(c) CONTRACTING AUTHORITY.—The Secretary of State shall, subject to the availability of appropriations, contract with appropriate individuals and organizations to carry out the purpose of

the Office.

(d) NOTIFICATION TO CONGRESS.—The Committee on Foreign Relations and the Committee on Appropriations of the Senate and

the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives shall be notified of any exercise of the authority of section 34 of the State Department Basic

Authorities Act of 1956 with respect to the Office or any of its

programs, projects, or activities at least 15 days in advance in

accordance with procedures applicable to notifications under that

section.

SEC. 574. REPORTING REQUIREMENT.

(a) IN GENERAL.—Beginning 6 months after the date of enact- ment of this Act, and every 6 months thereafter, the President

shall submit a report to the appropriate congressional committees— (1) that describes the activities of the Office, and sets

forth new facts learned about past Khmer Rouge practices,

during the preceding 6-month period; and (2) that describes the steps the President has taken during the preceding 6-month period to promote human rights, to

support efforts to bring to justice the national political and

military leadership of the Khmer Rouge, and to prevent the

recurrence of human rights abuses in Cambodia through actions

which are not related to United Nations activities in Cambodia.

(b) DEFINITION.—For purposes of this section, the term ‘‘appropriate congressional committees’’ means the Committee on Foreign

Relations of the Senate and the Committee on Foreign Affairs

of the House of Representatives.

PART E—MIDDLE EAST PEACE FACILITATION

SEC. 581. SHORT TITLE.

This part may be cited as the ‘‘Middle East Peace Facilitation Act of 1994’’.

SEC. 582. FINDINGS.

The Congress finds that— (1) the Palestine Liberation Organization has recognized the State of Israel’s right to exist in peace and security; accepted

United Nations Security Council Resolutions 242 and 338;

committed itself to the peace process and peaceful coexistence

with Israel, free from violence and all other acts which endanger

peace and stability; and assumed responsibility over all Palestine Liberation Organization elements and personnel in order

to assure their compliance, prevent violations, and discipline

violators;

(2) Israel has recognized the Palestine Liberation Organiza- tion as the representative of the Palestinian people; (3) Israel and the Palestine Liberation Organization signed a Declaration of Principles on Interim Self-Government

Arrangements on September 13, 1993, at the White House; (4) the United States has resumed a bilateral dialogue with the Palestine Liberation Organization; and (5) in order to implement the Declaration of Principles

on Interim Self-Government Arrangements and facilitate the
H. R. 2333—108

Middle East peace process, the President has requested flexibility to suspend certain provisions of law pertaining to the Palestine Liberation Organization.

SEC. 583. AUTHORITY TO SUSPEND CERTAIN PROVISIONS.

(a) IN GENERAL.—Subject to subsection (b), beginning July 1,

1994, the President may suspend for a period of not more than

6 months any provision of law specified in subsection (c). The

President may continue the suspension for a period or periods

of not more than 6 months until July 1, 1995, if, before each

such period, the President satisfies the requirements of subsection

(b). Any suspension shall cease to be effective after 6 months,

or at such earlier date as the President may specify.

(b) CONDITIONS.—

(1) CONSULTATION.—Prior to each exercise of the authority

provided in subsection (a), the President shall consult with

the relevant congressional committees. The President may not

exercise that authority until 30 days after a written policy

justification is submitted to the relevant congressional committees.

(2) PRESIDENTIAL CERTIFICATION.—The President may exercise the authority provided in subsection (a) only if the President certifies to the relevant congressional committees each

time he exercises such authority that—

(A) it is in the national interest of the United States

to exercise such authority; and

(B) the Palestine Liberation Organization continues

to abide by all the commitments described in paragraph

(4).

(3) REQUIREMENT FOR CONTINUING PLO COMPLIANCE.—Any

suspension under subsection (a) of a provision of law specified

in subsection (c) shall cease to be effective if the President

certifies to the relevant congressional committees that the Palestine Liberation Organization has not continued to abide by

all the commitments described in paragraph (4).

(4) PLO COMMITMENTS DESCRIBED.—The commitments

referred to in paragraphs (2) and (3) are the commitments

made by the Palestine Liberation Organization—

(A) in its letter of September 9, 1993, to the Prime

Minister of Israel; in its letter of September 9, 1993, to

the Foreign Minister of Norway to—

(i) recognize the right of the State of Israel to

exist in peace and security;

(ii) accept United Nations Security Council Resolutions 242 and 338;

(iii) renounce the use of terrorism and other acts

of violence;

(iv) assume responsibility over all PLO elements

and personnel in order to assure their compliance,

prevent violations and discipline violators;

(v) call upon the Palestinian people in the West

Bank and Gaza Strip to take part in the steps leading

to the normalization of life, rejecting violence and

terrorism, and contributing to peace and stability; and

(vi) submit to the Palestine National Council for

formal approval the necessary changes to the Palestin-
H. R. 2333—109

ian National Covenant eliminating calls for Israel’s

destruction, and

(B) in, and resulting from, the good faith implementation of, the Declaration of Principles on Interim SelfGovernment Arrangements signed on September 13, 1993.

(5) EXPECTATION OF CONGRESS REGARDING ANY EXTENSION

OF PRESIDENTIAL AUTHORITY.—The Congress expects that any

extension of the authority provided to the President in subsection (a) will be conditional on the Palestine Liberation

Organization—

(A) renouncing the Arab League boycott of Israel;

(B) urging the nations of the Arab League to end

the Arab League boycott of Israel;

(C) cooperating with efforts undertaken by the President of the United States to end the Arab League boycott

of Israel; and

(D) condemning individual acts of terrorism and

violence.

(6) REPORTING REQUIREMENT.—As part of the President’s

written policy justification referred to in paragraph (1), the

President will report on the PLO’s response to individual acts

of terrorism and violence, as well as its actions concerning

the Arab League boycott of Israel as enumerated in paragraph

(5) and on the status of the PLO office in the United States

as enumerated in subsection (c)(3).

(c) PROVISIONS THAT MAY BE SUSPENDED.—The provisions that

may be suspended under the authority of subsection (a) are the

following:

(1) Section 307 of the Foreign Assistance Act of 1961 (22

U.S.C. 2227) as it applies with respect to the Palestine Liberation Organization or entities associated with it.

(2) Section 114 of the Department of State Authorization

Act, Fiscal years 1984 and 1985 (22 U.S.C. 287e note) as

it applies with respect to the Palestine Liberation Organization

or entities associated with it.

(3) Section 1003 of the Foreign Relations Authorization

Act, Fiscal years 1988 and 1989 (22 U.S.C. 5202).

(4) Section 37 of the Bretton Woods Agreement Act (22

U.S.C. 286w) as it applies to the granting to the Palestine

Liberation Organization of observer status or other official status at any meeting sponsored by or associated with the International Monetary Fund. As used in this paragraph, the term

‘‘other official status’’ does not include membership in the International Monetary Fund.

(d) RELEVANT CONGRESSIONAL COMMITTEES DEFINED.—As used

in this section, the term ‘‘relevant congressional committees’’

means—

(1) the Committee on Foreign Affairs, the Committee on

Banking, Finance and Urban Affairs, and the Committee on

Appropriations of the House of Representatives; and

(2) the Committee on Foreign Relations and the Committee

on Appropriations of the Senate.
H. R. 2333—110

TITLE VI—PEACE CORPS

SEC. 601. AUTHORIZATION OF APPROPRIATIONS.

(a) AUTHORIZATION OF APPROPRIATIONS.—There are authorized

to be appropriated $219,745,000 for the fiscal year 1994 and

$234,745,000 for the fiscal year 1995 to carry out the Peace Corps

Act.

(b) AVAILABILITY OF FUNDS.—Funds made available to the

Peace Corps pursuant to the authorization under subsection (a)

shall be available for the fiscal year for which appropriated and

the subsequent fiscal year.

SEC. 602. AMENDMENTS TO THE PEACE CORPS ACT.

(a) EXTENSION OF CONTRACTING AUTHORITY.—Section 10(c) of

the Peace Corps Act (22 U.S.C. 2509(c)) is amended by striking

‘‘thirty six months’’ and inserting ‘‘five years’’. (b) LIABILITY INSURANCE FOR MEDICAL SERVICES PERSONNEL.— Section 10(j) of the Peace Corps Act (22 U.S.C. 2509(j)) is amended

by inserting before the period at the end of the first sentence

‘‘, and to individuals employed under personal services contracts

to furnish medical services abroad pursuant to subsection (a)(5)

of this section.’’.

TITLE VII—ARMS CONTROL

PART A—ARMS CONTROL AND

NONPROLIFERATION ACT OF 1994

SEC. 701. SHORT TITLE; REFERENCES IN PART; TABLE OF CONTENTS.

(a) SHORT TITLE.—This part may be cited as the ‘‘Arms Control and Nonproliferation Act of 1994’’. (b) REFERENCES IN PART.—Except as specifically provided in this part, whenever in this part an amendment or repeal is

expressed as an amendment to or repeal of a provision, the reference

shall be deemed to be made to the Arms Control and Disarmament

Act.

SEC. 702. CONGRESSIONAL DECLARATIONS; PURPOSE.

(a) CONGRESSIONAL DECLARATIONS.—The Congress declares that—

(1) a fundamental goal of the United States, particularly in the wake of the highly turbulent and uncertain international

situation fostered by the end of the Cold War, the disintegration

of the Soviet Union and the resulting emergence of fifteen

new independent states, and the revolutionary changes in Eastern Europe, is to prevent the proliferation of nuclear weapons

and their means of delivery and of advanced conventional

armaments, to eliminate chemical and biological weapons, and

to reduce and limit the large numbers of nuclear weapons

in the former Soviet Union, as well as to prevent regional

conflicts and conventional arms races; and

(2) an ultimate goal of the United States continues to

be a world in which the use of force is subordinated to the

rule of law and international change is achieved peacefully

without the danger and burden of destabilizing and costly

armaments.
H. R. 2333—111

(b) PURPOSE.—The purpose of this part is—

(1) to strengthen the United States Arms Control and

Disarmament Agency; and

(2) to improve congressional oversight of the arms control,

nonproliferation, and disarmament activities of the United

States Arms Control and Disarmament Agency, and of the

Agency’s operating budget.

SEC. 703. PURPOSES.

Section 2 (22 U.S.C. 2551) is amended in the text following

the third undesignated paragraph by striking paragraphs (a), (b),

(c), and (d) and by inserting the following new paragraphs:

‘‘(1) The preparation for and management of United States

participation in international negotiations and implementation

fora in the arms control and disarmament field.

‘‘(2) When directed by the President, the preparation for,

and management of, United States participation in international negotiations and implementation fora in the nonproliferation field.

‘‘(3) The conduct, support, and coordination of research

for arms control, nonproliferation, and disarmament policy

formulation.

‘‘(4) The preparation for, operation of, or, as appropriate,

direction of, United States participation in such control systems

as may become part of United States arms control, nonproliferation, and disarmament activities.

‘‘(5) The dissemination and coordination of public information concerning arms control, nonproliferation, and disarmament.’’.

SEC. 704. REPEALS.

The following provisions of law are hereby repealed:

(1) Subsections (b) and (c) of section 36 (22 U.S.C. 2576),

relating to arms control impact information and analysis.

(2) Section 38 (22 U.S.C. 2578), relating to reports on

Standing Consultative Commission activities.

(3) Section 52 (22 U.S.C. 2592), relating to reports on

adherence to and compliance with agreements.

SEC. 705. DIRECTOR.

Section 22 (22 U.S.C. 2562) is amended to read as follows:

‘‘DIRECTOR

‘‘SEC. 22. (a) APPOINTMENT.—The Agency shall be headed by

a Director appointed by the President, by and with the advice

and consent of the Senate. No person serving on active duty as

a commissioned officer of the Armed Forces of the United States

may be appointed Director.

‘‘(b) DUTIES.—(1) The Director shall serve as the principal

adviser to the Secretary of State, the National Security Council,

and the President and other executive branch Government officials

on matters relating to arms control, nonproliferation, and disarmament. In carrying out his duties under this Act, the Director,

under the direction of the President and the Secretary of State,

shall have primary responsibility within the Government for matters relating to arms control and disarmament, and, whenever
H. R. 2333—112

directed by the President, primary responsibility within the Government for matters relating to nonproliferation.

‘‘(2) The Director shall attend all meetings of the National

Security Council involving weapons procurement, arms sales,

consideration of the defense budget, and all arms control, nonproliferation, and disarmament matters.’’.

SEC. 706. BUREAUS, OFFICES, AND DIVISIONS.

Section 25 (22 U.S.C. 2565) is amended to read as follows:

‘‘BUREAUS, OFFICES, AND DIVISIONS

‘‘SEC. 25. The Director may establish within the Agency such

bureaus, offices, and divisions as he may determine to be necessary

to discharge his responsibilities pursuant to this Act, including

a bureau of intelligence and information support and an office

to perform legal services for the Agency.’’.

SEC. 707. SCIENTIFIC AND POLICY ADVISORY COMMITTEE.

Section 26 (22 U.S.C. 2566) is amended to read as follows:

‘‘SCIENTIFIC AND POLICY ADVISORY COMMITTEE

‘‘SEC. 26. (a) ESTABLISHMENT.—(1) The President may appoint

a Scientific and Policy Advisory Committee (in this section referred

to as the ‘Committee’) of not to exceed 15 members, not less than

eight of whom shall be scientists.

‘‘(2) The members of the Committee shall be appointed as

follows:

‘‘(A) One member, who shall be a person of renown and

distinction, shall be appointed by the President, by and with

the advice and consent of the Senate, as Chairman of the

Committee.

‘‘(B) Fourteen other members shall be appointed by the

President.

‘‘(3) The Committee shall meet at least twice each year.

‘‘(b) FUNCTION.—It shall be the responsibility of the Committee

to advise the President, the Secretary of State, and the Director

respecting scientific, technical, and policy matters affecting arms

control, nonproliferation, and disarmament.

‘‘(c) REIMBURSEMENT OF EXPENSES.—The members of the

Committee may receive reimbursement of expenses only in accordance with the provisions applicable to the reimbursement of experts

and consultants under section 41(d) of this Act.

‘‘(d) TERMINATION.—The Committee shall terminate two years

after the date of enactment of the Arms Control and Nonproliferation Act of 1994.

‘‘(e) DEFINITION.—As used in this section, the term ‘scientist’

means an individual who has a demonstrated knowledge and technical expertise with respect to arms control, nonproliferation, and

disarmament matters and who has distinguished himself or herself

in any of the fields of physics, chemistry, mathematics, biology,

or engineering, including weapons engineering.’’.

SEC. 708. PRESIDENTIAL SPECIAL REPRESENTATIVES.

(a) IN GENERAL.—Section 27 (22 U.S.C. 2567) is amended to

read as follows:
H. R. 2333—113

‘‘PRESIDENTIAL SPECIAL REPRESENTATIVES

‘‘SEC. 27. The President may appoint, by and with the advice and consent of the Senate, Special Representatives of the President

for arms control, nonproliferation, and disarmament matters. Each

Presidential Special Representative shall hold the rank of ambassador. One such Representative may serve in the Agency as Chief

Science Advisor. Presidential Special Representatives appointed

under this section shall perform their duties and exercise their

powers under the direction of the President and the Secretary

of State, acting through the Director. The Agency shall be the

Government agency responsible for providing administrative support, including funding, staff, and office space, to all Presidential

Special Representatives.’’. (b) CONFORMING AMENDMENT.—Section 5315 of title 5, United

States Code, is amended by striking: ‘‘Special Representatives for Arms Control and Disarmament Negotiations, United States Arms Control and Disarmament Agency (2).’’ and inserting: ‘‘Special Representatives of the President for arms control,

nonproliferation, and disarmament matters, United States

Arms Control and Disarmament Agency.’’.

SEC. 709. POLICY FORMULATION.

Section 33 (22 U.S.C. 2573) is amended to read as follows:

‘‘POLICY FORMULATION

‘‘SEC. 33. (a) FORMULATION.—The Director shall prepare for

the President, the Secretary of State, and the heads of such other

Government agencies as the President may determine, recommendations and advice concerning United States arms control,

nonproliferation, and disarmament policy. ‘‘(b) PROHIBITION.—No action shall be taken pursuant to this

or any other Act that would obligate the United States to reduce

or limit the Armed Forces or armaments of the United States

in a militarily significant manner, except pursuant to the treatymaking power of the President set forth in Article II, Section

2, Clause 2 of the Constitution or unless authorized by the enactment of further affirmative legislation by the Congress of the United

States.’’.

SEC. 710. NEGOTIATION MANAGEMENT.

Section 34 (22 U.S.C. 2574) is amended to read as follows:

‘‘NEGOTIATION MANAGEMENT

‘‘SEC. 34. (a) RESPONSIBILITIES.—The Director, under the direction of the President and the Secretary of State, shall have primary

responsibility for the preparation, conduct, and management of

United States participation in all international negotiations and

implementation fora in the field of arms control and disarmament

and shall have primary responsibility, whenever directed by the

President, for the preparation, conduct, and management of United

States participation in international negotiations and implementation fora in the field of nonproliferation. In furtherance of these

responsibilities, Special Representatives of the President appointed

pursuant to section 27, shall, as directed by the President, serve
H. R. 2333—114

as the United States Government representatives to international

organizations, conferences, and activities relating to the field of

nonproliferation, such as the preparations for and conduct of the

review relating to the Treaty on the Non-Proliferation of Nuclear

Weapons.

‘‘(b) FUNCTIONS WITH RESPECT TO THE UNITED STATES

INFORMATION AGENCY.—The Director shall perform functions pursuant to section 2(c) of the Reorganization Plan 8 of 1953 with

respect to providing to the United States Information Agency official

United States positions and policy on arms control, nonproliferation,

and disarmament matters for dissemination abroad.

‘‘(c) AUTHORITY.—The Director is authorized—

‘‘(1) for the purpose of conducting negotiations concerning

arms control, nonproliferation, or disarmament or for the purpose of exercising any other authority given him by this Act—

‘‘(A) to consult and communicate with, or to direct

the consultation and communication with, representatives

of other nations or of international organizations, and

‘‘(B) to communicate in the name of the Secretary

of State with diplomatic representatives of the United

States in the United States or abroad;

‘‘(2) to formulate plans and make preparations for the

establishment, operation, and funding of inspections and control

systems which may become part of the United States arms

control, nonproliferation, and disarmament activities; and

‘‘(3) as authorized by law, to put into effect, direct, or

otherwise assume United States responsibility for such systems.’’.

SEC. 711. REPORT ON MEASURES TO COORDINATE RESEARCH AND

DEVELOPMENT.

Not later than December 31, 1994, the President shall submit

to the Congress a report prepared by the Director of the United

States Arms Control and Disarmament Agency, in coordination

with the Secretary of State, the Secretary of Defense, the Secretary

of Energy, the Chairman of the Joint Chiefs of Staff, and the

Director of Central Intelligence, with respect to the procedures

established pursuant to section 35 of the Arms Control and Disarmament Act (22 U.S.C. 2575) for the effective coordination of

research and development on arms control, nonproliferation, and

disarmament among all departments and agencies of the executive

branch of Government.

SEC. 712. VERIFICATION OF COMPLIANCE.

Section 37 (22 U.S.C. 2577) is amended to read as follows:

‘‘VERIFICATION OF COMPLIANCE

‘‘SEC. 37. (a) IN GENERAL.—In order to ensure that arms control,

nonproliferation, and disarmament agreements can be adequately

verified, the Director shall report to Congress, on a timely basis,

or upon request by an appropriate committee of the Congress— ‘‘(1) in the case of any arms control, nonproliferation, or

disarmament agreement that has been concluded by the United

States, the determination of the Director as to the degree

to which the components of such agreement can be verified;

‘‘(2) in the case of any arms control, nonproliferation, or

disarmament agreement that has entered into force, any signifi-
H. R. 2333—115

cant degradation or alteration in the capacity of the United

States to verify compliance of the components of such

agreement;

‘‘(3) the amount and percentage of research funds expended

by the Agency for the purpose of analyzing issues relating

to arms control, nonproliferation, and disarmament verification;

and

‘‘(4) the number of professional personnel assigned to arms

control verification on a full-time basis by each Government

agency.

‘‘(b) STANDARD FOR VERIFICATION OF COMPLIANCE.—In making

determinations under paragraphs (1) and (2) of subsection (a), the

Director shall assume that all measures of concealment not

expressly prohibited could be employed and that standard practices

could be altered so as to impede verification.

‘‘(c) RULE OF CONSTRUCTION.—Except as otherwise provided

for by law, nothing in this section may be construed as requiring

the disclosure of sensitive information relating to intelligence

sources or methods or persons employed in the verification of

compliance with arms control, nonproliferation, and disarmament

agreements.

‘‘(d) PARTICIPATION OF THE AGENCY.—In order to ensure adherence of the United States to obligations or commitments undertaken

in arms control, nonproliferation, and disarmament agreements,

and in order for the Director to make the assessment required

by section 51(a)(5), the Director, or the Director’s designee, shall

participate in all interagency groups or organizations within the

executive branch of Government that assess, analyze, or review

United States planned or ongoing policies, programs, or actions

that have a direct bearing on United States adherence to obligations

undertaken in arms control, nonproliferation, or disarmament

agreements.’’.

SEC. 713. NEGOTIATING RECORDS.

(a) IN GENERAL.—The Arms Control and Disarmament Act

is amended by inserting after section 37 the following:

‘‘NEGOTIATING RECORDS

‘‘SEC. 38. (a) PREPARATION OF RECORDS.—The Director shall

establish and maintain records for each arms control, nonproliferation, and disarmament agreement to which the United States is

a party and which was under negotiation or in force on or after

January 1, 1990, which shall include classified and unclassified

materials such as instructions and guidance, position papers, reporting cables and memoranda of conversation, working papers, draft

texts of the agreement, diplomatic notes, notes verbal, and other

internal and external correspondence.

‘‘(b) NEGOTIATING AND IMPLEMENTATION RECORDS.—In particular, the Director shall establish and maintain a negotiating and

implementation record for each such agreement, which shall be

comprehensive and detailed, and shall document all communications

between the parties with respect to such agreement. Such records

shall be maintained both in hard copy and magnetic media.

‘‘(c) PARTICIPATION OF AGENCY PERSONNEL.—In order to implement effectively this section, the Director shall ensure that Agency

personnel participate throughout the negotiation and implementa-
H. R. 2333—116

tion phases of all arms control, nonproliferation, and disarmament

agreements.’’.

(b) REPORT REQUIRED.—Not later than January 31, 1995, the

Director of the United States Arms Control and Disarmament

Agency shall submit to the Speaker of the House of Representatives

and to the chairman of the Committee on Foreign Relations of

the Senate a detailed report describing the actions he has undertaken to implement section 38 of the Arms Control and Disarmament Act.

SEC. 714. AUTHORITIES WITH RESPECT TO NONPROLIFERATION

MATTERS.

(a) AMENDMENTS TO THE ARMS EXPORT CONTROL ACT.—(1)

Section 38(a)(2) of the Arms Export Control Act (22 U.S.C.

2778(a)(2)) is amended to read as follows:

‘‘(2) Decisions on issuing export licenses under this section

shall be made in coordination with the Director of the United

States Arms Control and Disarmament Agency, taking into account

the Director’s assessment as to whether the export of an article

would contribute to an arms race, aid in the development of weapons

of mass destruction, support international terrorism, increase the

possibility of outbreak or escalation of conflict, or prejudice the

development of bilateral or multilateral arms control or nonproliferation agreements or other arrangements. The Director of

the Arms Control and Disarmament Agency is authorized, whenever

the Director determines that the issuance of an export license

under this section would be detrimental to the national security

of the United States, to recommend to the President that such

export license be disapproved.’’.

(2) Section 42(a) of such Act (22 U.S.C. 2791(a)) is amended—

(A) in the second sentence, by redesignating clauses (1),

(2), and (3) as clauses (A), (B), and (C), respectively;

(B) by inserting ‘‘(1)’’ immediately after ‘‘(a)’’;

(C) by amending clause (C) (as redesignated) to read as

follows: ‘‘(C) the assessment of the Director of the United States

Arms Control and Disarmament Agency as to whether, and

the extent to which, such sale might contribute to an arms

race, aid in the development of weapons of mass destruction,

support international terrorism, increase the possibility of outbreak or escalation of conflict, or prejudice the development

of bilateral or multilateral arms control or nonproliferation

agreements or other arrangements.’’; and

(D) by adding at the end the following:

‘‘(2) Any proposed sale made pursuant to this Act shall be

approved only after consultation with the Director of the United

States Arms Control and Disarmament Agency. The Director of

the Arms Control and Disarmament Agency is authorized, whenever

the Director determines that a sale under this section would be

detrimental to the national security of the United States, to recommend to the President that such sale be disapproved.’’.

(3) Section 71(a) of such Act (22 U.S.C. 2797(a)) is amended

by inserting ‘‘, the Director of the Arms Control and Disarmament

Agency,’’ after ‘‘the Secretary of Defense’’.

(4) Section 71(b)(1) of such Act (22 U.S.C. 2797(b)(1)) is amended by inserting ‘‘and the Director of the United States Arms Control

and Disarmament Agency’’ after ‘‘Secretary of Defense’’.
H. R. 2333—117

(5) Section 71(b)(2) of such Act (22 U.S.C. 2797(b)(2)) is

amended—

(A) by striking ‘‘and the Secretary of Commerce’’ and inserting ‘‘, the Secretary of Commerce, and the Director of the

United States Arms Control and Disarmament Agency’’; and

(B) by inserting ‘‘or the Director’’ after ‘‘relevant Secretary’’.

(6) Section 71(c) of such Act (22 U.S.C. 2797(c)) is amended

by inserting ‘‘with the Director of the United States Arms Control

and Disarmament Agency,’’ after ‘‘Director of Central Intelligence,’’.

(7) Section 73(d) of such Act (22 U.S.C. 2797(d)) is amended

by striking ‘‘and the Secretary of Commerce,’’ and inserting ‘‘,

the Secretary of Commerce, and the Director of the United States

Arms Control and Disarmament Agency,’’.

(b) AMENDMENT TO THE NUCLEAR NON-PROLIFERATION ACT.—

Section 309(c) of the Nuclear Non-Proliferation Act of 1978 (42

U.S.C. 2139a(c)) is amended in the second sentence by striking

out ‘‘, as required,’’.

SEC. 715. APPOINTMENT AND COMPENSATION OF PERSONNEL.

Section 41(b) of the Arms Control and Disarmament Act (22

U.S.C. 2581(b)) is amended by striking ‘‘except that during the

2-year’’ and all that follows through the end thereof and inserting

‘‘except that the Director may, to the extent the Director determines

necessary to the discharge of his responsibilities, appoint and fix

the compensation of employees possessing specialized technical

expertise without regard to the provisions of title 5, United States

Code, governing appointments in the competitive service and the

provisions of chapter 51 and subchapter III of chapter 53 of such

title relating to classification and General Schedule pay rates, if

the Director ensures that—

‘‘(1) any employee who is appointed under this exception

is not paid at a rate—

‘‘(A) in excess of the rate payable for positions of

equivalent difficulty or responsibility, or ‘‘(B) exceeding the maximum rate payable for grade

15 of the General Schedule; and

‘‘(2) the number of employees appointed under this exception shall not exceed 10 percent of the Agency’s full-timeequivalent ceiling.’’.

SEC. 716. SECURITY REQUIREMENTS.

Section 45(a) (22 U.S.C. 2585) is amended in the third

sentence—

(1) by inserting ‘‘or employed directly from other Government agencies’’ after ‘‘persons detailed from other Government

agencies’’; and

(2) by striking ‘‘by the Department of Defense or the

Department of State’’ and inserting ‘‘by such agencies’’.

SEC. 717. REPORTS.

(a) IN GENERAL.—Title IV of the Arms Control and Disarmament Act is amended—

(1) by striking sections 49 and 50;

(2) by redesignating sections 51 and 53 as sections 49

and 50, respectively; and

(3) by inserting after section 50 (as redesignated by paragraph (2)) the following new sections:
H. R. 2333—118

‘‘ANNUAL REPORT TO CONGRESS

‘‘SEC. 51. (a) IN GENERAL.—Not later than January 31 of each

year, the President shall submit to the Speaker of the House of

Representatives and to the chairman of the Committee on Foreign

Relations of the Senate a report prepared by the Director, in consultation with the Secretary of State, the Secretary of Defense,

the Secretary of Energy, the Chairman of the Joint Chiefs of Staff,

and the Director of Central Intelligence, on the status of United

States policy and actions with respect to arms control, nonproliferation, and disarmament. Such report shall include—

‘‘(1) a detailed statement concerning the arms control and

disarmament objectives of the executive branch of Government

for the forthcoming year;

‘‘(2) a detailed statement concerning the nonproliferation

objectives of the executive branch of Government for the forthcoming year;

‘‘(3) a detailed assessment of the status of any ongoing

arms control or disarmament negotiations, including a comprehensive description of negotiations or other activities during

the preceding year and an appraisal of the status and prospects

for the forthcoming year;

‘‘(4) a detailed assessment of the status of any ongoing

nonproliferation negotiations or other activities, including a

comprehensive description of the negotiations or other activities

during the preceding year and an appraisal of the status and

prospects for the forthcoming year;

‘‘(5) a detailed assessment of adherence of the United States

to obligations undertaken in arms control, nonproliferation,

and disarmament agreements, including information on the

policies and organization of each relevant agency or department

of the United States to ensure adherence to such obligations,

a description of national security programs with a direct bearing

on questions of adherence to such obligations and of steps

being taken to ensure adherence, and a compilation of any

substantive questions raised during the preceding year and

any corrective action taken; and ‘‘(6) a detailed assessment of the adherence of other nations

to obligations undertaken in all arms control, nonproliferation,

and disarmament agreements to which the United States is

a participating state, including information on actions taken

by each nation with regard to the size, structure, and disposition of its military forces in order to comply with arms control,

nonproliferation, or disarmament agreements, and shall

include, in the case of each agreement about which compliance

questions exist—

‘‘(A) a description of each significant issue raised and

efforts made and contemplated with the other participating

state to seek resolution of the difficulty;

‘‘(B) an assessment of damage, if any, to the United

States security and other interests; and

‘‘(C) recommendations as to any steps that should be

considered to redress any damage to United States national

security and to reduce compliance problems.

‘‘(b) CLASSIFICATION OF THE REPORT.—The report required by

this section shall be submitted in unclassified form, with classified

annexes, as appropriate.
H. R. 2333—119

‘‘PUBLIC ANNUAL REPORT ON WORLD MILITARY EXPENDITURES AND

ARMS TRANSFERS

‘‘SEC. 52. Not later than December 31 of each year, the Director

shall publish an unclassified report on world military expenditures

and arms transfers. Such report shall provide detailed, comprehensive, and statistical information regarding military expenditures,

arms transfers, armed forces, and related economic data for each

country of the world. In addition, such report shall include pertinent

in-depth analyses as well as highlights with respect to arms transfers and proliferation trends and initiatives affecting such

developments.’’.

(b) REPORT ON REVITALIZATION OF ACDA.—Not later than

December 31, 1995, the Director of the United States Arms Control

and Disarmament Agency shall submit to the Speaker of the House

of Representatives and the chairman of the Committee on Foreign

Relations of the Senate a detailed report describing the actions

that have been taken and that are underway to revitalize the

United States Arms Control and Disarmament Agency pursuant

to the provisions of this part and the amendments made by this

part.

SEC. 718. FUNDING.

(a) IN GENERAL.—Title IV of the Arms Control and Disarmament Act, as amended by section 717, is further amended by

adding at the end the following:

‘‘REQUIREMENT FOR AUTHORIZATION OF APPROPRIATIONS

‘‘SEC. 53. (a) LIMITATION ON OBLIGATION AND EXPENDITURE

OF FUNDS.—Notwithstanding any other provision of law, for the

fiscal year 1994 and for each subsequent year, any funds appropriated for the Agency shall not be available for obligation or

expenditure—

‘‘(1) unless such funds are appropriated pursuant to an

authorization of appropriations; or

‘‘(2) in excess of the authorized level of appropriations.

‘‘(b) SUBSEQUENT AUTHORIZATION.—The limitation under subsection (a) shall not apply to the extent that an authorization

of appropriations is enacted after such funds are appropriated.

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

‘‘(1) may not be superseded, except by a provision of law

which specifically repeals, modifies, or supersedes the provisions of this section; and

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

appropriations, trust funds, and other similar accounts which

are authorized by law and administered by the Agency.

‘‘TRANSFERS AND REPROGRAMMINGS

‘‘SEC. 54. (a) TRANSFER OF FUNDS.—Funds appropriated for

the purpose of carrying out this Act may be allocated or transferred

to any agency for such purpose. Such funds shall be available

for obligation and expenditure in accordance with the authorities

of this Act or in accordance with the authorities governing the

activities of the agencies to which such funds are allocated or

transferred.
H. R. 2333—120

‘‘(b) LIMITATION.—Not more than 12 percent of any appropriation made for the purpose of carrying out this Act shall be obligated

or reserved during the last month of the fiscal year.’’.

‘‘(c) CONGRESSIONAL NOTIFICATION OF CERTAIN

REPROGRAMMINGS.—Unless the Committee on Foreign Affairs of

the House of Representatives and the Committee on Foreign Relations of the Senate are notified at least 15 days in advance of

the proposed reprogramming, funds appropriated to carry out this

Act (other than funds to carry out title V) shall not be available

for obligation or expenditure through any reprogramming of funds

that—

‘‘(1) would create or eliminate a program, project, or activity;

‘‘(2) would increase funds or personnel by any means for

any program, project, or activity for which funds have been

denied or restricted by the Congress;

‘‘(3) would relocate an office or employees;

‘‘(4) would reorganize offices, programs, projects, or activities;

‘‘(5) would involve contracting out functions which had

been performed by Federal employees; or

‘‘(6) would involve a reprogramming in excess of $1,000,000

or 10 percent (whichever is less) and would—

‘‘(A) augment existing programs, projects, or activities,

‘‘(B) reduce by 10 percent or more the funding for

any existing program, project, activity, or personnel

approved by the Congress, or

‘‘(C) result from any general savings from a reduction

in personnel that would result in a change in existing

programs, activities, or projects approved by the Congress.

‘‘(d) LIMITATION ON END-OF-YEAR REPROGRAMMINGS.—Funds

appropriated to carry out this Act (other than funds to carry out

title V) shall not be available for obligation or expenditure through

any reprogramming described in paragraph (1) during the last

15 days in which such funds are available for obligation or expenditure (as the case may be) unless the notification required by that

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

SEC. 719. CONFORMING AMENDMENTS.

(a) Section 2 (22 U.S.C. 2551) is amended—

(1) in the second undesignated paragraph, by inserting

‘‘, nonproliferation,’’ after ‘‘Arms control’’; and

(2) in the second and third undesignated paragraphs, by

inserting ‘‘, nonproliferation,’’ after ‘‘arms control’’ each place

it appears.

(b) Section 28 (22 U.S.C. 2568) is amended—

(1) in the first sentence, by striking ‘‘field of arms control

and disarmament’’ and inserting ‘‘fields of arms control, nonproliferation, and disarmament’’; and

(2) in the second sentence, by inserting ‘‘, nonproliferation,’’

after ‘‘arms control’’.

(c) Section 31 (22 U.S.C. 2571) is amended—

(1) in the text above paragraph (a), by striking ‘‘field of

arms control and disarmament’’ each of the three places it

appears and inserting ‘‘fields of arms control, nonproliferation,

and disarmament’’;
H. R. 2333—121

(2) in the first sentence, by inserting ‘‘and nonproliferation’’ after disarmament; and

(3) in the fourth sentence, by inserting ‘‘, nonproliferation,’’ after ‘‘arms control’’ each of the eight places it appears.

(d) Section 35 (22 U.S.C. 2575) is amended by inserting ‘‘, nonproliferation,’’ after ‘‘arms control’’. (e) Section 36 (22 U.S.C. 2576) is amended—

(1) by amending the section heading to read as follows: ‘‘ARMS CONTROL INFORMATION’’;

(2) by striking ‘‘(a)’’; and

(3) by inserting ‘‘, nonproliferation,’’ after ‘‘arms control’’ each of the two places it appears.

(f) Section 39 (22 U.S.C. 2579) is amended by inserting ‘‘, nonproliferation,’’ after ‘‘arms control’’ each of the two places it

appears. (g) Section 49 (as redesignated by section 817(a)(2)) is amended—

(1) by striking ‘‘Soviet’’; and

(2) by inserting ‘‘of the former Soviet Union’’ after ‘‘affairs’’.

PART B—AMENDMENTS TO THE ARMS EXPORT

CONTROL ACT

SEC. 731. LIMITATION ON AUTHORITY TO TRANSFER EXCESS

DEFENSE ARTICLES.

(a) TRANSFERS TO COUNTRIES ON THE SOUTHERN AND SOUTH- EASTERN FLANK OF NATO.—Section 516(b) of the Foreign Assistance Act of 1961 (22 U.S.C. 2321j(b)) is amended— (1) by striking ‘‘and’’ at the end of paragraph (2);

(2) by striking the period at the end of paragraph (3) and inserting ‘‘; and’’; and (3) by adding at the end the following new paragraph:

‘‘(4) the President first considers the effects of the transfer

of the excess defense articles on the national technology and

industrial base, particularly the extent, if any, to which the

transfer reduces the opportunities of entities in the national

technology and industrial base to sell new equipment to the

country or countries to which the excess defense articles are

transferred.’’.

(b) TRANSFERS TO COUNTRIES PARTICIPATING IN A COMPREHEN- SIVE NATIONAL ANTINARCOTICS PROGRAM.—Section 517(f) of the

Foreign Assistance Act of 1961 (22 U.S.C. 2321k(f)) is amended— (1) by striking ‘‘and’’ at the end of paragraph (2);

(2) by striking the period at the end of paragraph (3) and inserting ‘‘; and’’; and (3) by adding at the end the following new paragraph:

‘‘(4) the President first considers the effects of the transfer

of the excess defense articles on the national technology and

industrial base, particularly the extent, if any, to which the

transfer reduces the opportunities of entities in the national

technology and industrial base to sell new equipment to the

country or countries to which the excess defense articles are

transferred.’’.

(c) TRANSFERS TO COUNTRIES ELIGIBLE TO PARTICIPATE IN A

FOREIGN MILITARY FINANCING PROGRAM.—Section 519(b) of the Foreign Assistance Act of 1961 (22 U.S.C. 2321m(b)) is amended—

(1) by striking ‘‘and’’ at the end of paragraph (3);
H. R. 2333—122

(2) by striking the period at the end of paragraph (4)

and inserting ‘‘; and’’; and

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

‘‘(5) the President first considers the effects of the transfer

of the excess defense articles on the national technology and

industrial base, particularly the extent, if any, to which the

transfer reduces the opportunities of entities in the national

technology and industrial base to sell new equipment to the

country or countries to which the excess defense articles are

transferred.’’.

(d) SALES FROM STOCK UNDER ARMS EXPORT CONTROL ACT.—

Section 21 of the Arms Export Control Act (22 U.S.C. 2761) is

amended by adding at the end the following new subsection:

‘‘(k) Before entering into the sale under this Act of defense

articles that are excess to the stocks of the Department of Defense,

the President shall first consider the effects of the sale of the

articles on the national technology and industrial base, particularly

the extent, if any, to which the sale reduces the opportunities

of entities in the national technology and industrial base to sell

new equipment to the country or countries to which the excess

defense articles are sold.’’.

(e) LEASES UNDER ARMS EXPORT CONTROL ACT.—Section 61(a)

of the Arms Export Control Act (22 U.S.C. 2796(a)) is amended—

(1) by striking ‘‘and’’ at the end of paragraph (2);

(2) by redesignating paragraph (3) as paragraph (4);

(3) by inserting after paragraph (2) the following new paragraph (3):

‘‘(3) the President first considers the effects of the lease

of the articles on the national technology and industrial base,

particularly the extent, if any, to which the lease reduces the

opportunities of entities in the national technology and industrial base to sell new equipment to the country or countries

to which the articles are leased; and’’; and

(4) in the matter following paragraph (4) (as redesignated

by paragraph (2) of this subsection) by striking ‘‘paragraph

(3)’’ each place it appears and inserting ‘‘paragraph (4)’’.

SEC. 732. REPORTS UNDER THE ARMS EXPORT CONTROL ACT.

(a) NUMBERED CERTIFICATIONS WITH RESPECT TO GOVERNMENT-TO-GOVERNMENT SALES.—Section 36(b)(1) of the Arms Export

Control Act (22 U.S.C. 2776(b)(1)) is amended—

(1) by inserting after the second sentence the following

new sentence: ‘‘Each such numbered certification shall contain

an item indicating whether any offset agreement is proposed

to be entered into in connection with such letter of offer to

sell (if known on the date of transmittal of such certification).’’;

and

(2) in subparagraph (C) by inserting ‘‘and a description

from such contractor of any offset agreements proposed to be

entered into in connection with such sale’’ after ‘‘sold’’.

(b) NUMBERED CERTIFICATIONS WITH RESPECT TO COMMERCIAL

EXPORTS.—Section 36(c)(1) of the Arms Export Control Act (22

U.S.C. 2776(c)(1)) is amended—

(1) by inserting after the first sentence the following new

sentence: ‘‘Each such numbered certification shall also contain

an item indicating whether any offset agreement is proposed
H. R. 2333—123

to be entered into in connection with such export (if known

on the date of transmittal of such certification).’’; and

(2) in the third sentence by inserting ‘‘and a description

from the person who has submitted the license application

of any offset agreement proposed to be entered into in connection with such export (if known on the date of transmittal

of such statement)’’ after ‘‘Secretary of Defense’’.

(c) DEFINITIONS.—Section 36 of the Arms Export Control Act

(22 U.S.C. 2776) is amended by adding at the end the following:

‘‘(e) For purposes of this section—

‘‘(1) the term ‘offset agreement’ means an agreement,

arrangement, or understanding between a United States supplier of defense articles or defense services and a foreign country

under which the supplier agrees to purchase or acquire, or

to promote the purchase or acquisition by other United States

persons of, goods or services produced, manufactured, grown,

or extracted, in whole or in part, in that foreign country in

consideration for the purchase by the foreign country of defense

articles or defense service from the supplier; and

‘‘(2) the term ‘United States person’ means—

‘‘(A) an individual who is a national or permanent

resident alien of the United States; and

‘‘(B) any corporation, business association, partnership,

trust, or other juridical entity—

‘‘(i) organized under the laws of the United States

or any State, district, territory, or possession thereof;

or

‘‘(ii) owned or controlled in fact by individuals described in subparagraph (A).’’.

SEC. 733. PROHIBITION ON INCENTIVE PAYMENTS UNDER THE ARMS

EXPORT CONTROL ACT.

The Arms Export Control Act (22 U.S.C. 2779) is amended

by inserting after section 39 the following new section:

‘‘SEC. 39A. PROHIBITION ON INCENTIVE PAYMENTS.

‘‘(a) No United States supplier of defense articles or services

sold under this Act, nor any employee, agent, or subcontractor

thereof, shall, with respect to the sale of any such defense article

or defense service to a foreign country, make any incentive payments for the purpose of satisfying, in whole or in part, any offset

agreement with that country. ‘‘(b) Any person who violates the provisions of this section

shall be subject to the imposition of civil penalties as provided

for in this section.

‘‘(c) In the enforcement of this section, the President is authorized to exercise the same powers concerning violations and enforcement and imposition of civil penalties which are conferred upon

departments, agencies and officials by subsections (c), (d), (e), and

(f) of section 11 of the Export Administration Act of 1979 and

section 12(a) of such Act, subject to the same terms and conditions

as are applicable to such powers under that Act, except that notwithstanding section 11(c) of that Act, the civil penalty for each

violation of this section may not exceed $500,000 or five times

the amount of the prohibited incentive payment, whichever is

greater.

‘‘(d) For purposes of this section—
H. R. 2333—124

‘‘(1) the term ‘offset agreement’ means an agreement,

arrangement, or understanding between a United States supplier of defense articles or defense services and a foreign country

under which the supplier agrees to purchase or acquire, or

to promote the purchase or acquisition by other United States

persons of, goods or services produced, manufactured, grown,

or extracted, in whole or in part, in that foreign country in

consideration for the purchase by the foreign country of defense

articles or defense services from the supplier;

‘‘(2) the term ‘incentive payments’ means direct monetary

compensation made by a United States supplier of defense

articles or defense services or by any employee, agent or subcontractor thereof to any other United States person to induce

or persuade that United States person to purchase or acquire

goods or services produced, manufactured, grown, or extracted,

in whole or in part, in the foreign country which is purchasing

those defense articles or services from the United States supplier; and

‘‘(3) the term ‘United States person’ means—

‘‘(A) an individual who is a national or permanent

resident alien of the United States; and

‘‘(B) any corporation, business association, partnership,

trust, or other juridical entity—

‘‘(i) organized under the laws of the United States

or any State, the District of Columbia, or any territory

or possession of the United States; or

‘‘(ii) owned or controlled in fact by individuals

described in subparagraph (A).’’.

SEC. 734. MISSILE TECHNOLOGY EXPORTS TO CERTAIN MIDDLE EASTERN AND ASIAN COUNTRIES.

(a) EXPORTS BY UNITED STATES PERSONS.—Section 72 of the

Arms Export Control Act (22 U.S.C. 2797a) is amended—

(1) by redesignating subsection (c) as subsection (d); and

(2) by inserting after subsection (b) the following:

‘‘(c) PRESUMPTION.—In determining whether to apply sanctions

under subsection (a) to a United States person involved in the

export, transfer, or trade of an item on the MTCR Annex, it should

be a rebuttable presumption that such item is designed for use

in a missile listed in the MTCR Annex if the President determines

that the final destination of the item is a country the government

of which the Secretary of State has determined, for purposes of

6(j)(1)(A) of the Export Administration Act of 1979, has repeatedly

provided support for acts of international terrorism.’’.

(b) EXPORTS BY FOREIGN PERSONS.—Section 73 of the Arms

Export Control Act (22 U.S.C. 2797b) is amended—

(1) by redesignating subsections (f) and (g) as subsections

(g) and (h), respectively; and

(2) by inserting after subsection (e) the following:

‘‘(f) PRESUMPTION.—In determining whether to apply sanctions

under subsection (a) to a foreign person involved in the export,

transfer, or trade of an item on the MTCR Annex, it should be

a rebuttable presumption that such item is designed for use in

a missile listed in the MTCR Annex if the President determines

that the final destination of the item is a country the government

of which the Secretary of State has determined, for purposes of
H. R. 2333—125

6(j)(1)(A) of the Export Administration Act of 1979, has repeatedly

provided support for acts of international terrorism.’’.

SEC. 735. NOTIFICATION OF CONGRESS ON CERTAIN EVENTS INVOLVING THE MISSILE TECHNOLOGY CONTROL REGIME (MTCR).

(a) SALE OF DEFENSE ARTICLES OR SERVICES.—Section 36(b)(1)

of the Arms Export Control Act is amended by inserting after

‘‘sensitivity of such technology.’’ the following new sentence: ‘‘In

a case in which such articles or services listed on the Missile

Technology Control Regime Annex are intended to support the

design, development, or production of a Category I space launch

vehicle system (as defined in section 74), such report shall include

a description of the proposed export and rationale for approving

such export, including the consistency of such export with United

States missile nonproliferation policy.’’.

(b) EXPORT OF MAJOR DEFENSE EQUIPMENT.—Section 36(c)(1)

of the Arms Export Control Act is amended by inserting after

‘‘in consultation with the Secretary of Defense.’’ the following new

sentence: ‘‘In a case in which such articles or services are listed

on the Missile Technology Control Regime Annex and are intended

to support the design, development, or production of a Category

I space launch vehicle system (as defined in section 74), such

report shall include a description of the proposed export and rationale for approving such export, including the consistency of such

export with United States missile nonproliferation policy.’’.

(c) LICENSING.—Section 71 of the Arms Export Control Act

is amended by inserting after subsection (c) the following new

subsection:

‘‘(d) EXPORTS TO SPACE LAUNCH VEHICLE PROGRAMS.—Within

15 days after the issuance of a license for the export of items

valued at less than $14,000,000 that are controlled under this

Act pursuant to United States obligations under the Missile Technology Control Regime and intended to support the design, development, or production of a space launch vehicle system listed in

Category I of the MTCR Annex, the Secretary shall transmit to

the Congress a report describing the licensed export and rationale

for approving such export, including the consistency of such export

with United States missile nonproliferation policy. The requirement

contained in the preceding sentence shall not apply to licenses

for exports to countries that were members of the MTCR as of

April 17, 1987.

(d) NOTIFICATION OF ADMITTANCE ON MTCR ADHERENTS.—The

Arms Export Control Act is amended by inserting after section

73 the following new section:

‘‘SEC. 73A. NOTIFICATION OF ADMITTANCE OF MTCR ADHERENTS.

‘‘Following any action by the United States that results in

a country becoming a MTCR adherent, the President shall transmit

promptly to the Congress a report which describes the rationale

for such action, together with an assessment of that country’s

nonproliferation policies, practices, and commitments. Such report

shall also include the text of any agreements or understandings

between the United States and such country regarding the terms

and conditions of the country’s adherence to the MTCR.’’.
H. R. 2333—126

SEC. 736. CONTROL OF REEXPORTS TO TERRORIST COUNTRIES.

Section 6(j) of the Export Administration Act of 1979 (50 U.S.C. App. 2405(j)) is amended by adding at the end the following new

paragraph: ‘‘(5) The Secretary and the Secretary of State shall include in the notification required by paragraph (2)— ‘‘(A) a detailed description of the goods or services

to be offered, including a brief description of the capabilities

of any article for which a license to export is sought; ‘‘(B) the reasons why the foreign country or international organization to which the export or transfer is

proposed to be made needs the goods or services which

are the subject of such export or transfer and a description

of the manner in which such country or organization

intends to use such articles, services, or design and

construction services;

‘‘(C) the reasons why the proposed export or transfer

is in the national interest of the United States;

‘‘(D) an analysis of the impact of the proposed export

or transfer on the military capabilities of the foreign country or international organization to which such export or

transfer would be made;

‘‘(E) an analysis of the manner in which the proposed

export would affect the relative military strengths of countries in the region to which the goods or services which

are the subject of such export would be delivered and

whether other countries in the region have comparable

kinds and amounts of articles, services, or design and

construction services; and

‘‘(F) an analysis of the impact of the proposed export

or transfer on the United States relations with the countries in the region to which the goods or services which

are the subject of such export would be delivered.’’.

TITLE VIII—NUCLEAR PROLIFERATION

PREVENTION ACT

SEC. 801. SHORT TITLE.

This title may be cited as the ‘‘Nuclear Proliferation Prevention

Act of 1994’’.

PART A—REPORTING ON NUCLEAR EXPORTS

SEC. 811. REPORTS TO CONGRESS.

Section 601(a) of the Nuclear Non-Proliferation Act of 1978

(22 U.S.C. 3281(a)) is amended—

(1) in paragraph (4), by striking ‘‘and’’ after the semicolon;

(2) in paragraph (5), by striking the period and inserting

a semicolon; and

(3) by adding after paragraph (5) the following:

‘‘(6) a description of the implementation of nuclear and

nuclear-related dual-use export controls in the preceding calendar year, including a summary by type of commodity and

destination of—

‘‘(A) all transactions for which—
H. R. 2333—127

‘‘(i) an export license was issued for any good controlled under section 309(c) of this Act;

‘‘(ii) an export license was issued under section

109 b. of the 1954 Act;

‘‘(iii) approvals were issued under the Export

Administration Act of 1979, or section 109 b.(3) of

the 1954 Act, for the retransfer of any item, technical

data, component, or substance; or

‘‘(iv) authorizations were made as required by section 57 b.(2) of the 1954 Act to engage, directly or

indirectly, in the production of special nuclear material;

‘‘(B) each instance in which—

‘‘(i) a sanction has been imposed under section

821(a) or section 824 of the Nuclear Proliferation

Prevention Act of 1994 or section 102(b)(1) of the Arms

Export Control Act;

‘‘(ii) sales or leases have been denied under section

3(f) of the Arms Export Control Act or transactions

prohibited by reason of acts relating to proliferation

of nuclear explosive devices as described in section

40(d) of that Act;

‘‘(iii) a sanction has not been imposed by reason

of section 821(c)(2) of the Nuclear Proliferation Prevention Act of 1994 or the imposition of a sanction has

been delayed under section 102(b)(4) of the Arms

Export Control Act; or

‘‘(iv) a waiver of a sanction has been made under—

‘‘(I) section 821(f) or section 824 of the Nuclear

Proliferation Prevention Act of 1994,

‘‘(II) section 620E(d) of the Foreign Assistance

Act of 1961, or paragraph (5) or (6)(B) of section

102(b) of the Arms Export Control Act,

‘‘(III) section 40(g) of the Arms Export Control

Act with respect to the last sentence of section

40(d) of that Act, or

‘‘(IV) section 614 of the Foreign Assistance

Act of 1961 with respect to section 620E of that

Act or section 3(f), the last sentence of section

40(d), or 102(b)(1) of the Arms Export Control

Act; and

‘‘(C) the progress of those independent states of the

former Soviet Union that are non-nuclear-weapon states

and of the Baltic states towards achieving the objective

of applying full scope safeguards to all their peaceful

nuclear activities.

Portions of the information required by paragraph (6) may be

submitted in classified form, as necessary. Any such information

that may not be published or disclosed under section 12(c)(1) of

the Export Administration Act of 1979 shall be submitted as confidential.’’.
H. R. 2333—128

PART B—SANCTIONS FOR NUCLEAR

PROLIFERATION

SEC. 821. IMPOSITION OF PROCUREMENT SANCTION ON PERSONS

ENGAGING IN EXPORT ACTIVITIES THAT CONTRIBUTE TO

PROLIFERATION.

(a) DETERMINATION BY THE PRESIDENT.—

(1) IN GENERAL.—Except as provided in subsection (b)(2),

the President shall impose the sanction described in subsection

(c) if the President determines in writing that, on or after

the effective date of this part, a foreign person or a United

States person has materially and with requisite knowledge

contributed, through the export from the United States or any

other country of any goods or technology (as defined in section

830(2)), to the efforts by any individual, group, or non-nuclearweapon state to acquire unsafeguarded special nuclear material

or to use, develop, produce, stockpile, or otherwise acquire

any nuclear explosive device.

(2) PERSONS AGAINST WHICH THE SANCTION IS TO BE

IMPOSED.—The sanction shall be imposed pursuant to paragraph (1) on—

(A) the foreign person or United States person with

respect to which the President makes the determination

described in that paragraph;

(B) any successor entity to that foreign person or

United States person;

(C) any foreign person or United States person that

is a parent or subsidiary of that person if that parent

or subsidiary materially and with requisite knowledge

assisted in the activities which were the basis of that

determination; and

(D) any foreign person or United States person that

is an affiliate of that person if that affiliate materially

and with requisite knowledge assisted in the activities

which were the basis of that determination and if that

affiliate is controlled in fact by that person.

(3) OTHER SANCTIONS AVAILABLE.—The sanction which is

required to be imposed for activities described in this subsection

is in addition to any other sanction which may be imposed

for the same activities under any other provision of law. (4) DEFINITION.—For purposes of this subsection, the term

‘‘requisite knowledge’’ means situations in which a person

‘‘knows’’, as ‘‘knowing’’ is defined in section 104 of the Foreign

Corrupt Practices Act of 1977 (15 U.S.C. 78dd–2).

(b) CONSULTATION WITH AND ACTIONS BY FOREIGN GOVERNMENT OF JURISDICTION.—

(1) CONSULTATIONS.—If the President makes a determination described in subsection (a)(1) with respect to a foreign

person, the Congress urges the President to initiate consultations immediately with the government with primary jurisdiction over that foreign person with respect to the imposition

of the sanction pursuant to this section.

(2) ACTIONS BY GOVERNMENT OF JURISDICTION.—In order

to pursue such consultations with that government, the President may delay imposition of the sanction pursuant to this

section for up to 90 days. Following these consultations, the
H. R. 2333—129

President shall impose the sanction unless the President determines and certifies in writing to the Congress that that

government has taken specific and effective actions, including

appropriate penalties, to terminate the involvement of the foreign person in the activities described in subsection (a)(1).

The President may delay the imposition of the sanction for

up to an additional 90 days if the President determines and

certifies in writing to the Congress that that government is

in the process of taking the actions described in the preceding

sentence.

(3) REPORT TO CONGRESS.—Not later than 90 days after

making a determination under subsection (a)(1), the President

shall submit to the Committee on Foreign Relations and the

Committee on Governmental Affairs of the Senate and the

Committee on Foreign Affairs of the House of Representatives

a report on the status of consultations with the appropriate

government under this subsection, and the basis for any determination under paragraph (2) of this subsection that such

government has taken specific corrective actions.

(c) SANCTION.—

(1) DESCRIPTION OF SANCTION.—The sanction to be imposed

pursuant to subsection (a)(1) is, except as provided in paragraph

(2) of this subsection, that the United States Government shall

not procure, or enter into any contract for the procurement

of, any goods or services from any person described in subsection (a)(2).

(2) EXCEPTIONS.—The President shall not be required to

apply or maintain the sanction under this section— (A) in the case of procurement of defense articles or

defense services—

(i) under existing contracts or subcontracts, including the exercise of options for production quantities

to satisfy requirements essential to the national security of the United States; (ii) if the President determines in writing that

the person or other entity to which the sanction would

otherwise be applied is a sole source supplier of the

defense articles or services, that the defense articles

or services are essential, and that alternative sources

are not readily or reasonably available; or (iii) if the President determines in writing that

such articles or services are essential to the national

security under defense coproduction agreements;

(B) to products or services provided under contracts

entered into before the date on which the President publishes his intention to impose the sanction;

(C) to—

(i) spare parts which are essential to United States

products or production;

(ii) component parts, but not finished products,

essential to United States products or production; or

(iii) routine servicing and maintenance of products,

to the extent that alternative sources are not readily

or reasonably available;

(D) to information and technology essential to United

States products or production; or

(E) to medical or other humanitarian items.
H. R. 2333—130

(d) ADVISORY OPINIONS.—Upon the request of any person, the

Secretary of State may, in consultation with the Secretary of

Defense, issue in writing an advisory opinion to that person as

to whether a proposed activity by that person would subject that

person to the sanction under this section. Any person who relies

in good faith on such an advisory opinion which states that the

proposed activity would not subject a person to such sanction,

and any person who thereafter engages in such activity, may not

be made subject to such sanction on account of such activity.

(e) TERMINATION OF THE SANCTION.—The sanction imposed

pursuant to this section shall apply for a period of at least 12

months following the imposition of the sanction and shall cease

to apply thereafter only if the President determines and certifies

in writing to the Congress that—

(1) reliable information indicates that the foreign person

or United States person with respect to which the determination

was made under subsection (a)(1) has ceased to aid or abet

any individual, group, or non-nuclear-weapon state in its efforts

to acquire unsafeguarded special nuclear material or any

nuclear explosive device, as described in that subsection; and

(2) the President has received reliable assurances from

the foreign person or United States person, as the case may

be, that such person will not, in the future, aid or abet any

individual, group, or non-nuclear-weapon state in its efforts

to acquire unsafeguarded special nuclear material or any

nuclear explosive device, as described in subsection (a)(1).

(f) WAIVER.—

(1) CRITERION FOR WAIVER.—The President may waive the

application of the sanction imposed on any person pursuant

to this section, after the end of the 12-month period beginning

on the date on which that sanction was imposed on that person,

if the President determines and certifies in writing to the

Congress that the continued imposition of the sanction would

have a serious adverse effect on vital United States interests.

(2) NOTIFICATION OF AND REPORT TO CONGRESS.—If the

President decides to exercise the waiver authority provided

in paragraph (1), the President shall so notify the Congress

not less than 20 days before the waiver takes effect. Such

notification shall include a report fully articulating the rationale

and circumstances which led the President to exercise the

waiver authority.

SEC. 822. ELIGIBILITY FOR ASSISTANCE.

(a) AMENDMENTS TO THE ARMS EXPORT CONTROL ACT.—

(1) PROHIBITION.—Section 3 of the Arms Export Control

Act (22 U.S.C. 2753) is amended by adding at the end the

following new subsection:

‘‘(f) No sales or leases shall be made to any country that

the President has determined is in material breach of its binding

commitments to the United States under international treaties

or agreements concerning the nonproliferation of nuclear explosive

devices (as defined in section 830(4) of the Nuclear Proliferation

Prevention Act of 1994) and unsafeguarded special nuclear material

(as defined in section 830(8) of that Act).’’.

(2) DEFINITION OF SUPPORT FOR INTERNATIONAL TERRORISM.—Section 40 of such Act (22 U.S.C. 2780) is amended—
H. R. 2333—131

(A) in subsection (d), by adding at the end the following

new sentence: ‘‘For purposes of this subsection, such acts

shall include all activities that the Secretary determines

willfully aid or abet the international proliferation of

nuclear explosive devices to individuals or groups or willfully aid or abet an individual or groups in acquiring

unsafeguarded special nuclear material.’’; and

(B) in subsection (l)—

(i) in paragraph (2), by striking ‘‘and’’ after the

semicolon;

(ii) in paragraph (3), by striking the period at

the end and inserting a semicolon; and

(iii) by adding at the end the following:

‘‘(4) the term ‘nuclear explosive device’ has the meaning

given that term in section 830(4) of the Nuclear Proliferation

Prevention Act of 1994; and

‘‘(5) the term ‘unsafeguarded special nuclear material’ has

the meaning given that term in section 830(8) of the Nuclear

Proliferation Prevention Act of 1994.’’.

(b) FOREIGN ASSISTANCE ACT OF 1961.—

(1) PRESIDENTIAL DETERMINATION 82–7.—Notwithstanding

any other provision of law, Presidential Determination No.

82–7 of February 10, 1982, made pursuant to section 670(a)(2)

of the Foreign Assistance Act of 1961, shall have no force

or effect with respect to any grounds for the prohibition of

assistance under section 102(a)(1) of the Arms Export Control

Act arising on or after the effective date of this part.

(2) AMENDMENT.—Section 620E(d) of the Foreign Assist- ance Act of 1961 (22 U.S.C. 2375(d)) is amended to read as

follows:

‘‘(d) The President may waive the prohibitions of section 101

of the Arms Export Control Act with respect to any grounds for

the prohibition of assistance under that section arising before the

effective date of part B of the Nuclear Proliferation Prevention

Act of 1994 to provide assistance to Pakistan if he determines

that to do so is in the national interest of the United States.’’.

SEC. 823. ROLE OF INTERNATIONAL FINANCIAL INSTITUTIONS.

(a) IN GENERAL.—The Secretary of the Treasury shall instruct

the United States executive director to each of the international

financial institutions described in section 701(a) of the International

Financial Institutions Act (22 U.S.C. 262d(a)) to use the voice

and vote of the United States to oppose any use of the institution’s

funds to promote the acquisition of unsafeguarded special nuclear

material or the development, stockpiling, or use of any nuclear

explosive device by any non-nuclear-weapon state.

(b) DUTIES OF UNITED STATES EXECUTIVE DIRECTORS.—Section

701(b)(3) of the International Financial Institutions Act (22 U.S.C.

262d(b)(3)) is amended to read as follows:

‘‘(3) whether the recipient country—

‘‘(A) is seeking to acquire unsafeguarded special

nuclear material (as defined in section 830(8) of the Nuclear

Proliferation Prevention Act of 1994) or a nuclear explosive

device (as defined in section 830(4) of that Act);

‘‘(B) is not a State Party to the Treaty on the NonProliferation of Nuclear Weapons; or

‘‘(C) has detonated a nuclear explosive device; and’’.
H. R. 2333—132

SEC. 824. PROHIBITION ON ASSISTING NUCLEAR PROLIFERATION

THROUGH THE PROVISION OF FINANCING.

(a) PROHIBITED ACTIVITY DEFINED.—For purposes of this section, the term ‘‘prohibited activity’’ means the act of knowingly,

materially, and directly contributing or attempting to contribute,

through the provision of financing, to— (1) the acquisition of unsafeguarded special nuclear mate- rial; or

(2) the use, development, production, stockpiling, or other acquisition of any nuclear explosive device, by any individual, group, or non-nuclear-weapon state. (b) PROHIBITION.—To the extent that the United States has

jurisdiction to prohibit such activity by such person, no United

States person and no foreign person may engage in any prohibited

activity. (c) PRESIDENTIAL DETERMINATION AND ORDER WITH RESPECT

TO UNITED STATES AND FOREIGN PERSONS.—If the President determines, in writing after opportunity for a hearing on the record,

that a United States person or a foreign person has engaged in

a prohibited activity (without regard to whether subsection (b)

applies), the President shall, by order, impose the sanctions

described in subsection (d) on such person.

(d) SANCTIONS.—The following sanctions shall be imposed pursuant to any order issued under subsection (c) with respect

to any United States person or any foreign person: (1) BAN ON DEALINGS IN GOVERNMENT FINANCE.— (A) DESIGNATION AS PRIMARY DEALER.—Neither the

Board of Governors of the Federal Reserve System nor

the Federal Reserve Bank of New York may designate,

or permit the continuation of any prior designation of,

the person as a primary dealer in United States Government debt instruments.

(B) SERVICE AS DEPOSITARY.—The person may not serve

as a depositary for United States Government funds.

(2) RESTRICTIONS ON OPERATIONS.—The person may not,

directly or indirectly—

(A) commence any line of business in the United States

in which the person was not engaged as of the date of

the order; or

(B) conduct business from any location in the United

States at which the person did not conduct business as

of the date of the order.

(e) JUDICIAL REVIEW.—Any determination of the President

under subsection (c) shall be subject to judicial review in accordance

with chapter 7 of part I of title 5, United States Code.

(f) CONSULTATION WITH AND ACTIONS BY FOREIGN GOVERNMENT

OF JURISDICTION.— (1) CONSULTATIONS.—If the President makes a determination under subsection (c) with respect to a foreign person,

the Congress urges the President to initiate consultations

immediately with any appropriate foreign government with

respect to the imposition of any sanction pursuant to this

section.

(2) ACTIONS BY GOVERNMENT OF JURISDICTION.—

(A) SUSPENSION OF PERIOD FOR IMPOSING SANCTIONS.—

In order to pursue consultations described in paragraph

(1) with any government referred to in such paragraph,
H. R. 2333—133

the President may delay, for up to 90 days, the effective

date of an order under subsection (c) imposing any sanction.

(B) COORDINATION WITH ACTIVITIES OF FOREIGN

GOVERNMENT.—Following consultations described in paragraph (1), the order issued by the President under subsection (c) imposing any sanction on a foreign person shall

take effect unless the President determines, and certifies

in writing to the Congress, that the government referred

to in paragraph (1) has taken specific and effective actions,

including the imposition of appropriate penalties, to terminate the involvement of the foreign person in any prohibited

activity.

(C) EXTENSION OF PERIOD.—After the end of the period

described in subparagraph (A), the President may delay,

for up to an additional 90 days, the effective date of an

order issued under subsection (b) imposing any sanction

on a foreign person if the President determines, and certifies in writing to the Congress, that the appropriate foreign government is in the process of taking actions

described in subparagraph (B).

(3) REPORT TO CONGRESS.—Before the end of the 90-day

period beginning on the date on which an order is issued

under subsection (c), the President shall submit to the Congress

a report on—

(A) the status of consultations under this subsection

with the government referred to in paragraph (1); and

(B) the basis for any determination under paragraph

(2) that such government has taken specific corrective

actions.

(g) TERMINATION OF THE SANCTIONS.—Any sanction imposed

on any person pursuant to an order issued under subsection (c)

shall—

(1) remain in effect for a period of not less than 12 months;

and

(2) cease to apply after the end of such 12-month period

only if the President determines, and certifies in writing to

the Congress, that—

(A) the person has ceased to engage in any prohibited

activity; and

(B) the President has received reliable assurances from

such person that the person will not, in the future, engage

in any prohibited activity.

(h) WAIVER.—The President may waive the continued application of any sanction imposed on any person pursuant to an order

issued under subsection (c) if the President determines, and certifies

in writing to the Congress, that the continued imposition of the

sanction would have a serious adverse effect on the safety and

soundness of the domestic or international financial system or on

domestic or international payments systems.

(i) ENFORCEMENT ACTION.—The Attorney General may bring

an action in an appropriate district court of the United States

for injunctive and other appropriate relief with respect to—

(1) any violation of subsection (b); or

(2) any order issued pursuant to subsection (c).

(j) KNOWINGLY DEFINED.—
H. R. 2333—134

(1) IN GENERAL.—For purposes of this section, the term

‘‘knowingly’’ means the state of mind of a person with respect

to conduct, a circumstance, or a result in which—

(A) such person is aware that such person is engaging

in such conduct, that such circumstance exists, or that

such result is substantially certain to occur; or

(B) such person has a firm belief that such circumstance exists or that such result is substantially certain

to occur.

(2) KNOWLEDGE OF THE EXISTENCE OF A PARTICULAR

CIRCUMSTANCE.—If knowledge of the existence of a particular

circumstance is required for an offense, such knowledge is

established if a person is aware of a high probability of the

existence of such circumstance, unless the person actually

believes that such circumstance does not exist.

(k) SCOPE OF APPLICATION.—This section shall apply with

respect to prohibited activities which occur on or after the date

this part takes effect.

SEC. 825. EXPORT-IMPORT BANK.

Section 2(b)(4) of the Export-Import Bank Act of 1945 (12

U.S.C. 635(b)(4)) is amended in the first sentence by inserting

after ‘‘device’’ the following: ‘‘(as defined in section 830(4) of the

Nuclear Proliferation Prevention Act of 1994), or that any country

has willfully aided or abetted any non-nuclear-weapon state (as

defined in section 830(5) of that Act) to acquire any such nuclear

explosive device or to acquire unsafeguarded special nuclear material (as defined in section 830(8) of that Act).’’.

SEC. 826. AMENDMENT TO THE ARMS EXPORT CONTROL ACT.

(a) IN GENERAL.—The Arms Export Control Act is amended

by adding at the end the following new chapter:

‘‘CHAPTER 10—NUCLEAR NONPROLIFERATION

CONTROLS

‘‘SEC. 101. NUCLEAR ENRICHMENT TRANSFERS.

‘‘(a) PROHIBITIONS; SAFEGUARDS AND MANAGEMENT.—Except as

provided in subsection (b) of this section, no funds made available

to carry out the Foreign Assistance Act of 1961 or this Act may

be used for the purpose of providing economic assistance (including

assistance under chapter 4 of part II of the Foreign Assistance

Act of 1961), providing military assistance or grant military education and training, providing assistance under chapter 6 of part

II of that Act, or extending military credits or making guarantees,

to any country which the President determines delivers nuclear

enrichment equipment, materials, or technology to any other country on or after August 4, 1977, or receives such equipment, materials, or technology from any other country on or after August

4, 1977, unless before such delivery—

‘‘(1) the supplying country and receiving country have

reached agreement to place all such equipment, materials, or

technology, upon delivery, under multilateral auspices and

management when available; and

‘‘(2) the recipient country has entered into an agreement

with the International Atomic Energy Agency to place all such

equipment, materials, technology, and all nuclear fuel and
H. R. 2333—135

facilities in such country under the safeguards system of such

Agency.

‘‘(b) CERTIFICATION BY PRESIDENT OF NECESSITY OF CONTINUED

ASSISTANCE; DISAPPROVAL BY CONGRESS.—(1) Notwithstanding subsection (a) of this section, the President may furnish assistance

which would otherwise be prohibited under such subsection if he

determines and certifies in writing to the Speaker of the House

of Representatives and the Committee on Foreign Relations of the

Senate that—

‘‘(A) the termination of such assistance would have a serious adverse effect on vital United States interests; and

‘‘(B) he has received reliable assurances that the country

in question will not acquire or develop nuclear weapons or

assist other nations in doing so.

Such certification shall set forth the reasons supporting such determination in each particular case.

‘‘(2)(A) A certification under paragraph (1) of this subsection

shall take effect on the date on which the certification is received

by the Congress. However, if, within thirty calendar days after

receiving this certification, the Congress enacts a joint resolution

stating in substance that the Congress disapproves the furnishing

of assistance pursuant to the certification, then upon the enactment

of that resolution the certification shall cease to be effective and

all deliveries of assistance furnished under the authority of that

certification shall be suspended immediately.

‘‘(B) Any joint resolution under this paragraph shall be considered in the Senate in accordance with the provisions of section

601(b) of the International Security Assistance and Arms Export

Control Act of 1976.

‘‘SEC. 102. NUCLEAR REPROCESSING TRANSFERS, ILLEGAL EXPORTS

FOR NUCLEAR EXPLOSIVE DEVICES, TRANSFERS OF

NUCLEAR EXPLOSIVE DEVICES, AND NUCLEAR DETONATIONS.

‘‘(a) PROHIBITIONS ON ASSISTANCE TO COUNTRIES INVOLVED IN

TRANSFER OF NUCLEAR REPROCESSING EQUIPMENT, MATERIALS, OR

TECHNOLOGY; EXCEPTIONS; PROCEDURES APPLICABLE.—(1) Except

as provided in paragraph (2) of this subsection, no funds made

available to carry out the Foreign Assistance Act of 1961 or this

Act may be used for the purpose of providing economic assistance

(including assistance under chapter 4 of part II of the Foreign

Assistance Act of 1961), providing military assistance or grant

military education and training, providing assistance under chapter

6 of part II of that Act, or extending military credits or making

guarantees, to any country which the President determines—

‘‘(A) delivers nuclear reprocessing equipment, materials,

or technology to any other country on or after August 4, 1977,

or receives such equipment, materials, or technology from any

other country on or after August 4, 1977 (except for the transfer

of reprocessing technology associated with the investigation,

under international evaluation programs in which the United

States participates, of technologies which are alternatives to

pure plutonium reprocessing), or

‘‘(B) is a non-nuclear-weapon state which, on or after

August 8, 1985, exports illegally (or attempts to export illegally)

from the United States any material, equipment, or technology

which would contribute significantly to the ability of such coun-
H. R. 2333—136

try to manufacture a nuclear explosive device, if the President

determines that the material, equipment, or technology was

to be used by such country in the manufacture of a nuclear

explosive device.

For purposes of clause (B), an export (or attempted export) by

a person who is an agent of, or is otherwise acting on behalf

of or in the interests of, a country shall be considered to be an

export (or attempted export) by that country.

‘‘(2) Notwithstanding paragraph (1) of this subsection, the President in any fiscal year may furnish assistance which would otherwise be prohibited under that paragraph if he determines and

certifies in writing during that fiscal year to the Speaker of the

House of Representatives and the Committee on Foreign Relations

of the Senate that the termination of such assistance would be

seriously prejudicial to the achievement of United States nonproliferation objectives or otherwise jeopardize the common defense

and security. The President shall transmit with such certification

a statement setting forth the specific reasons therefor.

‘‘(3)(A) A certification under paragraph (2) of this subsection

shall take effect on the date on which the certification is received

by the Congress. However, if, within 30 calendar days after receiving this certification, the Congress enacts a joint resolution stating

in substance that the Congress disapproves the furnishing of assistance pursuant to the certification, then upon the enactment of

that resolution the certification shall cease to be effective and

all deliveries of assistance furnished under the authority of that

certification shall be suspended immediately.

‘‘(B) Any joint resolution under this paragraph shall be considered in the Senate in accordance with the provisions of section

601(b) of the International Security Assistance and Arms Export

Control Act of 1976.

‘‘(b) PROHIBITIONS ON ASSISTANCE TO COUNTRIES INVOLVED IN

TRANSFER OR USE OF NUCLEAR EXPLOSIVE DEVICES; EXCEPTIONS;

PROCEDURES APPLICABLE.—(1) Except as provided in paragraphs

(4), (5), and (6), in the event that the President determines that

any country, after the effective date of part B of the Nuclear

Proliferation Prevention Act of 1994—

‘‘(A) transfers to a non-nuclear-weapon state a nuclear

explosive device,

‘‘(B) is a non-nuclear-weapon state and either—

‘‘(i) receives a nuclear explosive device, or

‘‘(ii) detonates a nuclear explosive device,

‘‘(C) transfers to a non-nuclear-weapon state any design

information or component which is determined by the President

to be important to, and known by the transferring country

to be intended by the recipient state for use in, the development

or manufacture of any nuclear explosive device, or

‘‘(D) is a non-nuclear-weapon state and seeks and receives

any design information or component which is determined by

the President to be important to, and intended by the recipient

state for use in, the development or manufacture of any nuclear

explosive device,

then the President shall forthwith report in writing his determination to the Congress and shall forthwith impose the sanctions

described in paragraph (2) against that country.

‘‘(2) The sanctions referred to in paragraph (1) are as follows:
H. R. 2333—137

‘‘(A) The United States Government shall terminate assistance to that country under the Foreign Assistance Act of 1961,

except for humanitarian assistance or food or other agricultural

commodities.

‘‘(B) The United States Government shall terminate—

‘‘(i) sales to that country under this Act of any defense

articles, defense services, or design and construction services, and

‘‘(ii) licenses for the export to that country of any

item on the United States Munitions List.

‘‘(C) The United States Government shall terminate all

foreign military financing for that country under this Act.

‘‘(D) The United States Government shall deny to that

country any credit, credit guarantees, or other financial assistance by any department, agency, or instrumentality of the

United States Government, except that the sanction of this

subparagraph shall not apply—

‘‘(i) to any transaction subject to the reporting requirements of title V of the National Security Act of 1947 (relating to congressional oversight of intelligence activities),

or

‘‘(ii) to humanitarian assistance.

‘‘(E) The United States Government shall oppose, in accordance with section 701 of the International Financial Institutions

Act (22 U.S.C. 262d), the extension of any loan or financial

or technical assistance to that country by any international

financial institution.

‘‘(F) The United States Government shall prohibit any

United States bank from making any loan or providing any

credit to the government of that country, except for loans or

credits for the purpose of purchasing food or other agricultural

commodities.

‘‘(G) The authorities of section 6 of the Export Administration Act of 1979 shall be used to prohibit exports to that

country of specific goods and technology (excluding food and

other agricultural commodities), except that such prohibition

shall not apply to any transaction subject to the reporting

requirements of title V of the National Security Act of 1947

(relating to congressional oversight of intelligence activities).

‘‘(3) As used in this subsection—

‘‘(A) the term ‘design information’ means specific information that relates to the design of a nuclear explosive device

and that is not available to the public; and

‘‘(B) the term ‘component’ means a specific component of

a nuclear explosive device.

‘‘(4)(A) Notwithstanding paragraph (1) of this subsection, the

President may, for a period of not more than 30 days of continuous

session, delay the imposition of sanctions which would otherwise

be required under paragraph (1)(A) or (1)(B) of this subsection

if the President first transmits to the Speaker of the House of

Representatives, and to the chairman of the Committee on Foreign

Relations of the Senate, a certification that he has determined

that an immediate imposition of sanctions on that country would

be detrimental to the national security of the United States. Not

more than one such certification may be transmitted for a country

with respect to the same detonation, transfer, or receipt of a nuclear

explosive device.
H. R. 2333—138

‘‘(B) If the President transmits a certification to the Congress

under subparagraph (A), a joint resolution which would permit

the President to exercise the waiver authority of paragraph (5)

of this subsection shall, if introduced in either House within thirty

days of continuous session after the Congress receives this certification, be considered in the Senate in accordance with subparagraph

(C) of this paragraph.

‘‘(C) Any joint resolution under this paragraph shall be considered in the Senate in accordance with the provisions of section

601(b) of the International Security Assistance and Arms Export

Control Act of 1976.

‘‘(D) For purposes of this paragraph, the term ‘‘joint resolution’’

means a joint resolution the matter after the resolving clause of

which is as follows: ‘‘That the Congress having received on ll

a certification by the President under section 102(b)(4) of the Arms

Export Control Act with respect to ll, the Congress hereby

authorizes the President to exercise the waiver authority contained

in section 102(b)(5) of that Act.’’, with the date of receipt of the

certification inserted in the first blank and the name of the country

inserted in the second blank.

‘‘(5) Notwithstanding paragraph (1) of this subsection, if the

Congress enacts a joint resolution under paragraph (4) of this

subsection, the President may waive any sanction which would

otherwise be required under paragraph (1)(A) or (1)(B) if he determines and certifies in writing to the Speaker of the House of

Representatives and the Committee on Foreign Relations of the

Senate that the imposition of such sanction would be seriously

prejudicial to the achievement of United States nonproliferation

objectives or otherwise jeopardize the common defense and security.

The President shall transmit with such certification a statement

setting forth the specific reasons therefor. ‘‘(6)(A) In the event the President is required to impose sanctions against a country under paragraph (1)(C) or (1)(D), the President shall forthwith so inform such country and shall impose the

required sanctions beginning 30 days after submitting to the Congress the report required by paragraph (1) unless, and to the

extent that, there is enacted during the 30-day period a law

prohibiting the imposition of such sanctions. ‘‘(B) Notwithstanding any other provision of law, the sanctions

which are required to be imposed against a country under paragraph (1)(C) or (1)(D) shall not apply if the President determines

and certifies in writing to the Committee on Foreign Relations

and the Committee on Governmental Affairs of the Senate and

the Committee on Foreign Affairs of the House of Representatives

that the application of such sanctions against such country would

have a serious adverse effect on vital United States interests. The

President shall transmit with such certification a statement setting

forth the specific reasons therefor.

‘‘(7) For purposes of this subsection, continuity of session is

broken only by an adjournment of Congress sine die and the days

on which either House is not in session because of an adjournment

of more than three days to a day certain are excluded in the

computation of any period of time in which Congress is in continuous session.

‘‘(8) The President may not delegate or transfer his power,

authority, or discretion to make or modify determinations under

this subsection.
H. R. 2333—139

‘‘(c) NON-NUCLEAR-WEAPON STATE DEFINED.—As used in this

section, the term ‘non-nuclear-weapon state’ means any country

which is not a nuclear-weapon state, as defined in Article IX(3)

of the Treaty on the Non-Proliferation of Nuclear Weapons.

‘‘SEC. 103. DEFINITION OF NUCLEAR EXPLOSIVE DEVICE.

‘‘As used in this chapter, the term ‘nuclear explosive device’ has the meaning given that term in section 830(4) of the Nuclear

Proliferation Prevention Act of 1994.’’.

(b) REPEALS.—Sections 669 and 670 of the Foreign Assistance Act of 1961 are hereby repealed. (c) REFERENCES IN LAW.—Any reference in law as of the date of enactment of this Act to section 669 or 670 of the Foreign

Assistance Act of 1961 shall, after such date, be deemed to be

a reference to section 101 or 102, as the case may be, of the

Arms Export Control Act.

SEC. 827. REWARD.

Section 36(a) of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2708(a)) is amended—

(1) by redesignating paragraphs (1) through (3) as subparagraphs (A) through (C), respectively;

(2) by inserting ‘‘(1)’’ after ‘‘(a)’’; and

(3) by adding at the end the following:

‘‘(2) For purposes of this subsection, the term ‘act of international terrorism’ includes any act substantially contributing to

the acquisition of unsafeguarded special nuclear material (as

defined in section 830(8) of the Nuclear Proliferation Prevention

Act of 1994) or any nuclear explosive device (as defined in section

830(4) of that Act) by an individual, group, or non-nuclear-weapon

state (as defined in section 830(5) of that Act).’’.

SEC. 828. REPORTS.

(a) CONTENT OF ACDA ANNUAL REPORT.—Section 51(a) of the

Arms Control and Disarmament Act, as inserted by this Act, is

amended—

(1) by striking ‘‘and’’ at the end of paragraph (5);

(2) by striking the period at the end of paragraph (6)

and inserting ‘‘; and’’;

(3) by adding after paragraph (6) the following new paragraph:

‘‘(7) a discussion of any material noncompliance by foreign

governments with their binding commitments to the United

States with respect to the prevention of the spread of nuclear

explosive devices (as defined in section 830(4) of the Nuclear

Proliferation Prevention Act of 1994) by non-nuclear-weapon

states (as defined in section 830(5) of that Act) or the acquisition

by such states of unsafeguarded special nuclear material (as

defined in section 830(8) of that Act), including— ‘‘(A) a net assessment of the aggregate military significance of all such violations;

‘‘(B) a statement of the compliance policy of the United

States with respect to violations of those commitments;

and

‘‘(C) what actions, if any, the President has taken

or proposes to take to bring any nation committing such

a violation into compliance with those commitments.’’; and

(4) by adding at the end the following new subsection:
H. R. 2333—140

‘‘(c) REPORTING CONSECUTIVE NONCOMPLIANCE.—If the President in consecutive reports submitted to the Congress under this

section reports that any designated nation is not in full compliance

with its binding nonproliferation commitments to the United States,

then the President shall include in the second such report an

assessment of what actions are necessary to compensate for such

violations.’’.

(b) REPORTING ON DEMARCHES.—(1) It is the sense of the Congress that the Department of State should, in the course of

implementing its reporting responsibilities under section 602(c) of

the Nuclear Non-Proliferation Act of 1978, include a summary

of demarches that the United States has issued or received from

foreign governments with respect to activities which are of significance from the proliferation standpoint.

(2) For purposes of this section, the term ‘‘demarche’’ means

any official communication by one government to another, by written or oral means, intended by the originating government to

express—

(A) a concern over a past, present, or possible future action

or activity of the recipient government, or of a person within

the jurisdiction of that government, contributing to the global

spread of unsafeguarded special nuclear material or of nuclear

explosive devices;

(B) a request for the recipient government to counter such

action or activity; or

(C) both the concern and request described in subparagraphs (A) and (B).

SEC. 829. TECHNICAL CORRECTION.

Section 133 b. of the Atomic Energy Act of 1954 (42 U.S.C. 2160c) is amended by striking ‘‘20 kilograms’’ and inserting ‘‘5

kilograms’’.

SEC. 830. DEFINITIONS.

For purposes of this part—

(1) the term ‘‘foreign person’’ means— (A) an individual who is not a citizen of the United

States or an alien admitted for permanent residence to

the United States; or

(B) a corporation, partnership, or other nongovernment

entity which is created or organized under the laws of

a foreign country or which has its principal place of business outside the United States;

(2) the term ‘‘goods or technology’’ means— (A) nuclear materials and equipment and sensitive

nuclear technology (as such terms are defined in section

4 of the Nuclear Non-Proliferation Act of 1978), all export

items designated by the President pursuant to section

309(c) of the Nuclear Non-Proliferation Act of 1978, and

all technical assistance requiring authorization under section 57 b. of the Atomic Energy Act of 1954, and

(B) in the case of exports from a country other than

the United States, any goods or technology that, if exported

from the United States, would be goods or technology

described in subparagraph (A);

(3) the term ‘‘IAEA safeguards’’ means the safeguards set

forth in an agreement between a country and the International
H. R. 2333—141

Atomic Energy Agency, as authorized by Article III(A)(5) of

the Statute of the International Atomic Energy Agency; (4) the term ‘‘nuclear explosive device’’ means any device, whether assembled or disassembled, that is designed to produce

an instantaneous release of an amount of nuclear energy from

special nuclear material that is greater than the amount of

energy that would be released from the detonation of one pound

of trinitrotoluene (TNT);

(5) the term ‘‘non-nuclear-weapon state’’ means any country which is not a nuclear-weapon state, as defined by Article

IX (3) of the Treaty on the Non-Proliferation of Nuclear Weapons, signed at Washington, London, and Moscow on July 1,

1968;

(6) the term ‘‘special nuclear material’’ has the meaning given that term in section 11 aa. of the Atomic Energy Act

of 1954 (42 U.S.C. 2014aa);

(7) the term ‘‘United States person’’ means—

(A) an individual who is a citizen of the United States

or an alien admitted for permanent residence to the United

States; or

(B) a corporation, partnership, or other nongovernment

entity which is not a foreign person; and

(8) the term ‘‘unsafeguarded special nuclear material’’

means special nuclear material which is held in violation of

IAEA safeguards or not subject to IAEA safeguards (excluding

any quantity of material that could, if it were exported from

the United States, be exported under a general license issued

by the Nuclear Regulatory Commission).

SEC. 831. EFFECTIVE DATE.

The provisions of this part, and the amendments made by

this part, shall take effect 60 days after the date of the enactment

of this Act.

PART C—INTERNATIONAL ATOMIC ENERGY

AGENCY

SEC. 841. BILATERAL AND MULTILATERAL INITIATIVES.

It is the sense of the Congress that in order to maintain

and enhance international confidence in the effectiveness of IAEA

safeguards and in other multilateral undertakings to halt the global

proliferation of nuclear weapons, the United States should seek

to negotiate with other nations and groups of nations, including

the IAEA Board of Governors and the Nuclear Suppliers Group,

to—

(1) build international support for the principle that nuclear

supply relationships must require purchasing nations to agree

to full-scope international safeguards; (2) encourage each nuclear-weapon state within the meaning of the Treaty to undertake a comprehensive review of

its own procedures for declassifying information relating to

the design or production of nuclear explosive devices and to

investigate any measures that would reduce the risk of such

information contributing to nuclear weapons proliferation;

(3) encourage the deferral of efforts to produce weaponsgrade nuclear material for large-scale commercial uses until

such time as safeguards are developed that can detect, on
H. R. 2333—142

a timely and reliable basis, the diversion of significant quantities of such material for nuclear explosive purposes;

(4) pursue greater financial support for the implementation

and improvement of safeguards from all IAEA member nations

with significant nuclear programs, particularly from those

nations that are currently using or planning to use weaponsgrade nuclear material for commercial purposes;

(5) arrange for the timely payment of annual financial

contributions by all members of the IAEA, including the United

States;

(6) pursue the elimination of international commerce in

highly enriched uranium for use in research reactors while

encouraging multilateral cooperation to develop and to use

low-enriched alternative nuclear fuels;

(7) oppose efforts by non-nuclear-weapon states to develop

or use unsafeguarded nuclear fuels for purposes of naval propulsion;

(8) pursue an international open skies arrangement that

would authorize the IAEA to operate surveillance aircraft and

would facilitate IAEA access to satellite information for safeguards verification purposes;

(9) develop an institutional means for IAEA member

nations to share intelligence material with the IAEA on possible

safeguards violations without compromising national security

or intelligence sources or methods;

(10) require any exporter of a sensitive nuclear facility

or sensitive nuclear technology to a non-nuclear-weapon state

to notify the IAEA prior to export and to require safeguards

over that facility or technology, regardless of its destination;

and

(11) seek agreement among the parties to the Treaty to

apply IAEA safeguards in perpetuity and to establish new

limits on the right to withdraw from the Treaty.

SEC. 842. IAEA INTERNAL REFORMS.

In order to promote the early adoption of reforms in the

implementation of the safeguards responsibilities of the IAEA, the

Congress urges the President to negotiate with other nations and

groups of nations, including the IAEA Board of Governors and

the Nuclear Suppliers Group, to—

(1) improve the access of the IAEA within nuclear facilities

that are capable of producing, processing, or fabricating special

nuclear material suitable for use in a nuclear explosive device;

(2)(A) facilitate the IAEA’s efforts to meet and to maintain

its own goals for detecting the diversion of nuclear materials

and equipment, giving particular attention to facilities in which

there are bulk quantities of plutonium; and

(B) if it is not technically feasible for the IAEA to meet

those detection goals in a particular facility, require the IAEA

to declare publicly that it is unable to do so;

(3) enable the IAEA to issue fines for violations of safeguards procedures, to pay rewards for information on possible

safeguards violations, and to establish a ‘‘hot line’’ for the

reporting of such violations and other illicit uses of weaponsgrade nuclear material;

(4) establish safeguards at facilities engaged in the manufacture of equipment or material that is especially designated
H. R. 2333—143

or prepared for the processing, use, or production of special

fissionable material or, in the case of non-nuclear-weapon

states, of any nuclear explosive device;

(5) establish safeguards over nuclear research and development activities and facilities;

(6) implement special inspections of undeclared nuclear

facilities, as provided for under existing safeguards procedures,

and seek authority for the IAEA to conduct challenge inspections on demand at suspected nuclear sites;

(7) expand the scope of safeguards to include tritium, uranium concentrates, and nuclear waste containing special fissionable material, and increase the scope of such safeguards on

heavy water;

(8) revise downward the IAEA’s official minimum amounts

of nuclear material (‘‘significant quantity’’) needed to make

a nuclear explosive device and establish these amounts as

national rather than facility standards;

(9) expand the use of full-time resident IAEA inspectors

at sensitive fuel cycle facilities;

(10) promote the use of near real time material accountancy

in the conduct of safeguards at facilities that use, produce,

or store significant quantities of special fissionable material;

(11) develop with other IAEA member nations an agreement on procedures to expedite approvals of visa applications

by IAEA inspectors;

(12) provide the IAEA the additional funds, technical assistance, and political support necessary to carry out the goals

set forth in this subsection; and

(13) make public the annual safeguards implementation

report of the IAEA, establishing a public registry of commodities

in international nuclear commerce, including dual-use goods,

and creating a public repository of current nuclear trade control

laws, agreements, regulations, and enforcement and judicial

actions by IAEA member nations.

SEC. 843. REPORTING REQUIREMENT.

(a) REPORT REQUIRED.—The President shall, in the report

required by section 601(a) of the Nuclear Non-Proliferation Act

of 1978, describe—

(1) the steps he has taken to implement sections 841 and

842, and

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

that have been encountered in seeking to meet the objectives

set forth in sections 841 and 842.

(b) CONTENTS OF REPORT.—Each report under paragraph (1)

shall describe—

(1) the bilateral and multilateral initiatives that the President has taken during the period since the enactment of this

Act in pursuit of each of the objectives set forth in sections

841 and 842;

(2) any obstacles that have been encountered in the pursuit

of those initiatives;

(3) any additional initiatives that have been proposed by

other countries or international organizations to strengthen

the implementation of IAEA safeguards;

(4) all activities of the Federal Government in support

of the objectives set forth in sections 841 and 842;
H. R. 2333—144

(5) any recommendations of the President on additional

measures to enhance the effectiveness of IAEA safeguards;

and

(6) any initiatives that the President plans to take in

support of each of the objectives set forth in sections 841

and 842.

SEC. 844. DEFINITIONS.

As used in this part—

(1) the term ‘‘highly enriched uranium’’ means uranium

enriched to 20 percent or more in the isotope U–235;

(2) the term ‘‘IAEA’’ means the International Atomic

Energy Agency;

(3) the term ‘‘near real time material accountancy’’ means

a method of accounting for the location, quantity, and disposition of special fissionable material at facilities that store or

process such material, in which verification of peaceful use

is continuously achieved by means of frequent physical inventories and the use of in-process instrumentation;

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

given that term by Article XX(1) of the Statute of the International Atomic Energy Agency, done at the Headquarters of

the United Nations on October 26, 1956;

(5) the term ‘‘the Treaty’’ means the Treaty on the NonProliferation of Nuclear Weapons, signed at Washington, London, and Moscow on July 1, 1968; and

(6) the terms ‘‘IAEA safeguards’’, ‘‘non-nuclear-weapon

state’’, ‘‘nuclear explosive device’’, and ‘‘special nuclear material’’

have the meanings given those terms in section 830 of this

Act.

PART D—TERMINATION

SEC. 851. TERMINATION UPON ENACTMENT OF NEXT FOREIGN RELATIONS ACT.

On the date of enactment of the first Foreign Relations

Authorization Act that is enacted after the enactment of this Act,

the provisions of parts A and B of this title shall cease to be

effective, the amendments made by those parts shall be repealed,

and any provision of law repealed by those parts shall be reenacted.

TITLE IX—COMMISSION ON PROTECTING AND REDUCING GOVERNMENT

SECRECY

SEC. 901. SHORT TITLE.

This title may be cited as the ‘‘Protection and Reduction of

Government Secrecy Act’’.

SEC. 902. FINDINGS.

The Congress makes the following findings:

(1) During the Cold War an extensive secrecy system developed which limited public access to information and reduced

the ability of the public to participate with full knowledge

in the process of governmental decisionmaking.
H. R. 2333—145

(2) In 1992 alone 6,349,532 documents were classified and

approximately three million persons held some form of security

clearance.

(3) The burden of managing more than 6 million newly classified documents every year has led to tremendous administrative expense, reduced communication within the government

and within the scientific community, reduced communication

between the government and the people of the United States,

and the selective and unauthorized public disclosure of classified information.

(4) It has been estimated that private businesses spend

more than $14 billion each year implementing government

mandated regulations for protecting classified information. (5) If a smaller amount of truly sensitive information were classified the information could be held more securely. (6) In 1970 a Task Force organized by the Defense Science Board and headed by Dr. Frederick Seitz concluded that ‘‘more

might be gained than lost if our Nation were to adopt—unilaterally, if necessary—a policy of complete openness in all areas

of information’’.

(7) The procedures for granting security clearances have themselves become an expensive and inefficient part of the

secrecy system and should be closely examined. (8) A bipartisan study commission specially constituted for the purpose of examining the consequences of the secrecy

system will be able to offer comprehensive proposals for reform.

SEC. 903. PURPOSE.

It is the purpose of this title to establish for a two-year period a Commission on Protecting and Reducing Government Secrecy— (1) to examine the implications of the extensive classification of information and to make recommendations to reduce

the volume of information classified and thereby to strengthen

the protection of legitimately classified information; and (2) to examine and make recommendations concerning cur- rent procedures relating to the granting of security clearances.

SEC. 904. COMPOSITION OF THE COMMISSION.

(a) ESTABLISHMENT.—To carry out the purpose of this title, there is established a Commission on Protecting and Reducing

Government Secrecy (in this title referred to as the ‘‘Commission’’). (b) COMPOSITION.—The Commission shall be composed of twelve

members, as follows:

(1) Four members appointed by the President, of whom two shall be appointed from the executive branch of the Government and two shall be appointed from private life. (2) Two members appointed by the Majority Leader of the Senate, of whom one shall be a Member of the Senate

and one shall be appointed from private life.

(3) Two members appointed by the Minority Leader of

the Senate, of whom one shall be a Member of the Senate

and one shall be appointed from private life.

(4) Two members appointed by the Speaker of the House

of Representatives, of whom one shall be a Member of the

House and one shall be appointed from private life.

(5) Two members appointed by the Minority Leader of

the House of Representatives, of whom one shall be a Member

of the House and one shall be appointed from private life.
H. R. 2333—146

(c) CHAIRMAN.—The Commission shall elect a Chairman from

among its members. (d) QUORUM; VACANCIES.—After its initial meeting, the Commission shall meet upon the call of the Chairman or a majority

of its members. Seven members of the Commission shall constitute

a quorum. Any vacancy in the Commission shall not affect its

powers but shall be filled in the same manner in which the original

appointment was made. (e) APPOINTMENT OF MEMBERS; INITIAL MEETING.—(1) It is

the sense of the Congress that members of the Commission should

be appointed not later than 60 days after the date of enactment

of this title.

(2) If after 60 days from the date of enactment of this Act seven or more members of the Commission have been appointed,

those members who have been appointed may meet and select

a Chairman who thereafter shall have authority to begin the operations of the Commission, including the hiring of staff.

SEC. 905. FUNCTIONS OF THE COMMISSION.

The functions of the Commission shall be—

(1) to conduct, for a period of 2 years from the date of its first meeting, an investigation into all matters in any way

related to any legislation, executive order, regulation, practice,

or procedure relating to classified information or granting security clearances; and (2) to submit to the Congress a final report containing such recommendations concerning the classification of national

security information and the granting of security clearances

as the Commission shall determine, including proposing new

procedures, rules, regulations, or legislation.

SEC. 906. POWERS OF THE COMMISSION.

(a) IN GENERAL.—(1) The Commission or, on the authorization

of the Commission, any subcommittee or member thereof, may,

for the purpose of carrying out the provisions of this title— (A) hold such hearings and sit and act at such times and places, take such testimony, receive such evidence, administer such oaths, and

(B) require, by subpoena or otherwise, the attendance and testimony of such witnesses and the production of such books,

records, correspondence, memoranda, papers, and documents,

as the Commission or such designated subcommittee or designated

member may deem advisable. (2) Subpoenas issued under paragraph (1)(B) may be issued under the signature of the Chairman of the Commission, the chairman of any designated subcommittee, or any designated member,

and may be served by any person designated by such Chairman,

subcommittee chairman, or member. The provisions of sections 102

through 104 of the Revised Statutes of the United States (2 U.S.C.

192–194) shall apply in the case of any failure of any witness

to comply with any subpoena or to testify when summoned under

authority of this section.

(b) CONTRACTING.—The Commission may, to such extent and

in such amounts as are provided in appropriation Acts, enter into

contracts to enable the Commission to discharge its duties under

this title.

(c) INFORMATION FROM FEDERAL AGENCIES.—The Commission

is authorized to secure directly from any executive department,
H. R. 2333—147

bureau, agency, board, commission, office, independent establishment, or instrumentality of the Government information, suggestions, estimates, and statistics for the purposes of this title. Each

such department, bureau, agency, board, commission, office,

establishment, or instrumentality shall, to the extent authorized

by law, furnish such information, suggestions, estimates, and statistics directly to the Commission, upon request made by the

Chairman.

(d) ASSISTANCE FROM FEDERAL AGENCIES.—(1) The Secretary of State is authorized on a reimbursable or non-reimbursable basis

to provide the Commission with administrative services, funds,

facilities, staff, and other support services for the performance

of the Commission’s functions.

(2) The Administrator of General Services shall provide to

the Commission on a reimbursable basis such administrative support services as the Commission may request. (3) In addition to the assistance set forth in paragraphs (1) and (2), departments and agencies of the United States are authorized to provide to the Commission such services, funds, facilities,

staff, and other support services as they may deem advisable and

as may be authorized by law. (e) GIFTS.—The Commission may accept, use, and dispose of gifts or donations of services or property. (f) POSTAL SERVICES.—The Commission may use the United States mails in the same manner and under the same conditions

as departments and agencies of the United States.

SEC. 907. STAFF OF THE COMMISSION.

(a) IN GENERAL.—The Chairman, in accordance with rules

agreed upon by the Commission, may appoint and fix the compensation of a staff director and such other personnel as may be necessary

to enable the Commission to carry out its functions, without regard

to the provisions of title 5, United States Code, governing appointments in the competitive service, and without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title

relating to classification and General Schedule pay rates, except

that no rate of pay fixed under this subsection may exceed the

equivalent of that payable to a person occupying a position at

level V of the Executive Schedule under section 5316 of title 5,

United States Code. Any Federal Government employee may be

detailed to the Commission without reimbursement from the

Commission, and such detailee shall retain the rights, status, and

privileges of his or her regular employment without interruption. (b) CONSULTANT SERVICES.—The Commission is authorized to

procure the services of experts and consultants in accordance with

section 3109 of title 5, United States Code, but at rates not to

exceed the daily rate paid a person occupying a position at level

IV of the Executive Schedule under section 5315 of title 5, United

States Code.

SEC. 908. COMPENSATION AND TRAVEL EXPENSES.

(a) COMPENSATION.—(1) Except as provided in paragraph (2),

each member of the Commission may be compensated at not to

exceed the daily equivalent of the annual rate of basic pay in

effect for a position at level IV of the Executive Schedule under

section 5315 of title 5, United States Code, for each day during

which that member is engaged in the actual performance of the

duties of the Commission.
H. R. 2333—148

(2) Members of the Commission who are officers or employees

of the United States or Members of Congress shall receive no

additional pay on account of their service on the Commission.

(b) TRAVEL EXPENSES.—While away from their homes or regular

places of business in the performance of services for the Commission, members of the Commission shall be allowed travel expenses,

including per diem in lieu of subsistence, in the same manner

as persons employed intermittently in the Government service are

allowed expenses under section 5703(b) of title 5, United States

Code.

SEC. 909. SECURITY CLEARANCES FOR COMMISSION MEMBERS AND

STAFF.

The appropriate executive departments and agencies shall

cooperate with the Commission in expeditiously providing to the

Commission members and staff appropriate security clearances in

a manner consistent with existing procedures and requirements,

except that no person shall be provided with access to classified

information pursuant to this section who would not otherwise qualify for such security clearance.

SEC. 910. FINAL REPORT OF COMMISSION; TERMINATION.

(a) FINAL REPORT.—Not later than two years after the date

of the first meeting of the Commission, the Commission shall submit

to the Congress its final report, as described in section 905(2).

(b) TERMINATION.—(1) The Commission, and all the authorities

of this title, shall terminate on the date which is 60 days after

the date on which a final report is required to be transmitted

under subsection (a).

(2) The Commission may use the 60-day period referred to

in paragraph (1) for the purpose of concluding its activities, including providing testimony to committees of Congress concerning its

final report and disseminating that report.

Speaker of the House of Representatives.

Vice President of the United States and

President of the Senate.