103D CONGRESS

1ST SESSION H. R. 2333

AN ACT

To authorize appropriations for the Department of

and related agencies, and for other purposes.State, the United States Information Agency,
★

103D CONGRESS

1ST SESSION H. R. 2333

AN ACT

To authorize appropriations for the Department of State,

the United States Information Agency, and related agencies, and for other purposes.

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

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘State Department,

5 USIA, and Related Agencies Authorization Act, Fiscal

6 Years 1994 and 1995’’.
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1 SEC. 2. TABLE OF CONTENTS.

2 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. Agency for International Development operating expenses.

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

Sec. 104. International commissions.

Sec. 105. Migration and refugee assistance.

Sec. 106. Other programs.

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

PART B—AUTHORITIES AND ACTIVITIES

Sec. 111. Authorized strength of the Foreign Service.

Sec. 112. Transfers and reprogrammings.

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

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

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

Sec. 116. Prohibition on discriminatory contracts.

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

Sec. 118. Role of the Foreign Service Institute.

Sec. 119. Reporting requirement on American prisoners abroad.

Sec. 120. Consular authorities.

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

Sec. 122. Report on consolidation of administrative operations.

Sec. 123. Local guard contracts abroad.

Sec. 124. Visas.

Sec. 125. Consular and diplomatic posts abroad.

Sec. 126. Annual country reports on terrorism.

PART C—DEPARTMENT OF STATE ORGANIZATION

Sec. 131. Organizing principles.

Sec. 132. Organization of the Department of State.

Sec. 133. Technical and conforming amendments.

Sec. 134. Director General of the Foreign Service.

PART D—PERSONNEL

Sec. 141. Labor-management relations.

Sec. 142. Voluntary retirement incentive program.

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

loss.

Sec. 144. Salaries of chiefs of mission.

Sec. 145. Senior Foreign Service performance pay.

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

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

Sec. 148. Limitation on number of limited career extensions.
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Sec. 149. Amendments to title 5.

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

PART E—INTERNATIONAL ORGANIZATIONS

Sec. 161. International Atomic Energy Agency safeguards.

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

international organizations.

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

and its specialized agencies.

Sec. 164. International Boundary and Water Commission.

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

Organization.

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

Sec. 167. International peacekeeping reform.

PART F—MISCELLANEOUS PROVISIONS

Sec. 181. Women’s human rights protection.

Sec. 182. Publishing international agreements.

Sec. 183. Migration and refugee amendments.

Sec. 184. United Nations Security Council membership.

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

Sec. 186. Interparliamentary exchanges.

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

displaced persons.

Sec. 188. Policy on Middle East arms sales.

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

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

Germany during World War II.

Sec. 191. Transparency in armaments.

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

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

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

Sec. 195. Sense of Congress regarding adherence to United Nations Charter.

Sec. 196. Food as a human right.

TITLE II—UNITED STATES INFORMATIONAL, EDUCATIONAL, AND

CULTURAL PROGRAMS

PART A—AUTHORIZATION OF APPROPRIATIONS

Sec. 201. Authorization of appropriations.

PART B—INTERNATIONAL BROADCASTING AUTHORITIES AND ACTIVITIES

Sec. 211. Short title.

Sec. 212. Findings and declarations.

Sec. 213. Standards.

Sec. 214. Functions.

Sec. 215. Administration.

Sec. 216. USIA satellite and television.

Sec. 217. Israel relay station.

Sec. 218. Requirement for authorization of appropriations.

Sec. 219. Report on advertising.
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PART C—USIA AND RELATED AGENCIES AUTHORITIES AND ACTIVITIES

Sec. 231. Changes in administrative authorities.

Sec. 232. Employment authority.

Sec. 233. Buying power maintenance account.

Sec. 234. Contract authority.

Sec. 235. Appropriations authorities.

Sec. 236. Technical amendment.

Sec. 237. Separate ledger accounts for NED grantees.

Sec. 238. American studies collections.

Sec. 239. South Pacific exchange programs.

Sec. 240. Coordination of United States exchange programs.

Sec. 241. Limitation concerning participation in international expositions.

Sec. 242. Private sector opportunites.

Sec. 243. Educational and cultural exchanges with Tibet.

Sec. 244. Changes in administrative authorities.

PART D—MIKE MANSFIELD FELLOWSHIPS

Sec. 251. Short title.

Sec. 252. Establishment of fellowship program.

Sec. 253. Program requirements.

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

Sec. 255. Mansfield Fellowship Review Board.

Sec. 256. Definitions.

TITLE III—ARMS CONTROL AND DISARMAMENT AGENCY

Sec. 301. Purposes.

Sec. 302. Special Representatives.

Sec. 303. Negotiation management.

Sec. 304. Participation of ACDA Director in certain deliberations.

Sec. 305. Notification to Congress of proposed reprogrammings by ACDA.

Sec. 306. Requirement of authorization of appropriations.

Sec. 307. Appointment of personnel.

1 TITLE I—DEPARTMENT OF STATE AND

2 RELATED AGENCIES

3 PART A—AUTHORIZATION OF APPROPRIATIONS

4 SEC. 101. ADMINISTRATION OF FOREIGN AFFAIRS.

5 (a) IN GENERAL.—The following amounts are au6 thorized to be appropriated for the Department of State

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

8 the authorities, functions, duties, and responsibilities in

9 the conduct of the foreign affairs of the United States and
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1 for other purposes authorized by law, including the diplo2 matic security program:

3 (1) DIPLOMATIC AND CONSULAR PROGRAMS.—

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

5 Department of State $1,667,584,000 for the fiscal

6 year 1994 and $1,712,609,000 for the fiscal year

7 1995.

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

9 and Expenses’’, of the Department of State

10 $484,416,000 for the fiscal year 1994 and

11 $497,495,000 for the fiscal year 1995.

12 (3) ACQUISITION AND MAINTENANCE OF BUILD13 INGS ABROAD.—For ‘‘Acquisition and Maintenance

14 of Buildings Abroad’’, $381,481,000 for the fiscal

15 year 1994 and $392,523,000 for the fiscal year

16 1995.

17 (4) BUYING POWER MAINTENANCE FUND.—For

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

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

20 year 1995.

21 (5) REPRESENTATION ALLOWANCES.—For

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

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

24 1995.
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1 (6) EMERGENCIES IN THE DIPLOMATIC AND

2 CONSULAR SERVICE.—For ‘‘Emergencies in the Dip3 lomatic and Consular Service, $8,000,000 for the

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

5 (7) OFFICE OF THE INSPECTOR GENERAL.—

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

7 for the fiscal year 1994 and $24,704,000 for the fis8 cal year 1995.

9 (8) PAYMENT TO THE AMERICAN INSTITUTE IN

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

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

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

13 (9) PROTECTION OF FOREIGN MISSIONS AND

14 OFFICIALS.—For ‘‘Protection of Foreign Missions

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

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

17 (10) REPATRIATION LOANS.—For ‘‘Repatri18 ation Loans’’, $817,000 for the fiscal year 1994 and

19 $838,000 for the fiscal year 1995, for administrative

20 expenses.

21 (b) LIMITATIONS.—

22 (1) Of the amounts authorized to be appro23 priated for ‘‘Salaries and Expenses’’ under sub24 section (a)(2) $500,000 is authorized to be available

25 for the fiscal year 1994 and $500,000 for the fiscal
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1 year 1995 for the Department of State for the re2 cruitment of Hispanic American students from Unit3 ed States institutions of higher education with a

4 high percentage enrollment of Hispanic Americans

5 and for the training of Hispanic Americans for ca6 reers in the Foreign Service and in international af7 fairs.

8 (2)(A) Of the amounts authorized to be appro9 priated for ‘‘Diplomatic and Consular Programs’’

10 under subsection (a)(1), $10,000,000 is authorized

11 to be available for each of the fiscal years 1994 and

12 1995 for grants, contracts, and other activities to

13 conduct research and promote international coopera14 tion on environmental and other scientific issues.

15 (B) Of the amounts authorized to be appro16 priated for ‘‘Diplomatic and Consular Programs’’

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

18 be available only for the establishment of a United

19 States consulate in Cluj, Romania.

20 (3) Of the amounts authorized to be appro21 priated for ‘‘Diplomatic and Consular Programs’’

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

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

24 is authorized to be available for fiscal year 1995,

25 only for administrative expenses to carry out the
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1 purposes of the Migration and Refugee Assistance

2 Act of 1962.

3 (4) Of the amounts authorized to be appro4 priated for ‘‘Acquisition and Maintenance of Build5 ings Abroad’’ under subsection (a)(3), $95,904,000

6 is authorized to be available for the fiscal year 1994

7 and $114,825,000 is authorized to be available for

8 the fiscal year 1995 for Maintenance of Buildings

9 and Facility Rehabilitation.

10 SEC. 102. AGENCY FOR INTERNATIONAL DEVELOPMENT

11 OPERATING EXPENSES.

12 (a) AUTHORIZATION OF APPROPRIATIONS.—

13 (1) There are authorized to be appropriated to

14 the President, in addition to funds otherwise avail15 able for such purposes—

16 (A) $512,000,000 for the fiscal year 1994

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

18 necessary operating expenses of the agency pri19 marily responsible for administering part I of

20 Public Law 87–195; and

21 (B) such amounts as may be necessary for

22 fiscal year 1994 and fiscal year 1995 for in23 creases in salary, pay, retirement, and other

24 employee benefits authorized by law, and for

25 other nondiscretionary costs of the agency pri-
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1 marily responsible for administering part I of

2 Public Law 87–195.

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

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

5 (b) OPERATING EXPENSES, OFFICE OF THE INSPEC6 TOR GENERAL.—There are authorized to be appropriated

7 to the President, in addition to funds otherwise available

8 for such purposes—

9 (1) $39,916,000 for fiscal year 1994 and

10 $39,916,000 for fiscal year 1995 for necessary oper11 ating expenses of the Office of the Inspector General

12 of the agency primarily responsible for administering

13 part I of Public Law 87–195; and

14 (2) such amounts as may be necessary for in15 creases in salary, pay, retirement, and other em16 ployee benefits authorized by law, and for other non17 discretionary costs of such office.

18 (c) AVAILABILITY OF FUNDS.—Amounts appro19 priated under this section are authorized to remain avail20 able until expended.

21 (d) TRANSFER OF FUNDS.—The authorities and limi22 tations of section 109 of Public Law 87–195 apply to

23 funds authorized to be appropriated under this section.
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1 SEC. 103. INTERNATIONAL ORGANIZATIONS, PROGRAMS,

2 AND CONFERENCES.

3 (a) ASSESSED CONTRIBUTIONS TO INTERNATIONAL

4 ORGANIZATIONS.—There are authorized to be appro5 priated for ‘‘Contributions to International Organiza6 tions’’, $865,885,000 for the fiscal year 1994 and

7 $935,053,000 for the fiscal year 1995 for the Department

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

9 responsibilities in the conduct of the foreign affairs of the

10 United States with respect to international organizations

11 and to carry out other authorities in law consistent with

12 such purposes.

13 (b) ASSESSED CONTRIBUTIONS FOR INTERNATIONAL

14 PEACEKEEPING ACTIVITIES.—There are authorized to be

15 appropriated for ‘‘Contributions for International Peace16 keeping Activities’’, $597,744,000 for the fiscal year 1994

17 and $636,469,000 for the fiscal year 1995 for the Depart18 ment of State to carry out the authorities, functions, du19 ties, and responsibilities in the conduct of the foreign af20 fairs of the United States with respect to international

21 peacekeeping activities and to carry out other authorities

22 in law consistent with such purposes.

23 (c) PEACEKEEPING OPERATIONS.—There are author24 ized to be appropriated for ‘‘Peacekeeping Operations’’,

25 $77,166,000 for the fiscal year 1994 and $77,166,000 for
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1 the fiscal year 1995 for the Department of State to carry

2 out section 551 of Public Law 87–195.

3 (d) INTERNATIONAL CONFERENCES AND CONTIN4 GENCIES.—There are authorized to be appropriated for

5 ‘‘International Conferences and Contingencies’’,

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

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

8 out the authorities, functions, duties, and responsibilities

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

10 with respect to international conferences and contin11 gencies and to carry out other authorities in law consistent

12 with such purposes.

13 (e) INTERNATIONAL ORGANIZATIONS AND PRO14 GRAMS.—

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

16 appropriated for the Department of State for ‘‘Inter17 national Organizations and Programs’’,

18 $365,000,000 for the fiscal year 1994 and

19 $365,000,000 for the fiscal year 1995.

20 (2) UNITED NATIONS POPULATION FUND.—

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

22 of the funds authorized to be appropriated for

23 ‘‘International Organizations and Programs’’

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

25 to be made available for each of the fiscal years
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1 1994 and 1995 for the United Nations Popu2 lation Fund.

3 (B) The availability of funds under sub4 paragraph (A) shall be subject to the following

5 limitations:

6 (i) None of the funds made available

7 under subparagraph (A) may be made

8 available for programs in the People’s Re9 public of China.

10 (ii) The prohibitions contained in sec11 tion 104(f) of the Foreign Assistance Act

12 of 1961 (relating to prohibitions on fund13 ing for abortion as a method of family

14 planning, coercive abortion, and involun15 tary sterilization) shall apply to the funds

16 made available for the United Nations

17 Population Fund.

18 (iii) The United Nations Population

19 Fund shall be required to maintain the

20 funds made available under subparagraph

21 (A) in a separate account and not commin22 gle such funds with any other funds.

23 (C) Of the funds authorized to be available

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

25 $13,784,500 is authorized to be available only
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1 if the President certifies to the Congress that

2 the United Nations Population Fund has termi3 nated all activities in the People’s Republic of

4 China.

5 (3) UNITED NATIONS DEVELOPMENT PRO6 GRAM.—

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

8 of the funds authorized to be appropriated

9 under paragraph (1) $101,929,000 is author10 ized to be available for each of the fiscal years

11 1994 and 1995 for the United Nations Develop12 ment Program.

13 (B) None of the funds made available

14 under subparagraph (A) shall be available for

15 programs and activities in or for Myanmar

16 (Burma).

17 (C) Of the funds authorized to be available

18 under subparagraph (A), $7,000,000 for each

19 of the fiscal years 1994 and 1995 may be avail20 able only if the President certifies to the Con21 gress that the United Nations Development

22 Program’s programs and activities in or for

23 Myanmar (Burma) promote the enjoyment of

24 internationally guaranteed human rights by the

25 Burmese people and do not benefit the State
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1 Law and Order Restoration Council (SLORC)

2 military regime.

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

7 of the fiscal years 1994 and 1995 is authorized to

8 be available for the United Nations Environment

9 Program.

10 (5) UNITED NATIONS VOLUNTARY FUND FOR

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

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

15 1995 is authorized to be available for the United

16 Nations Voluntary Fund for the Victims of Torture.

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

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

22 adverse fluctuations in foreign currency exchange rates.

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

25 the Director of the Office of Management and Budget de-
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1 termines and certifies to Congress that such amounts are

2 necessary due to such fluctuations.

3 SEC. 104. INTERNATIONAL COMMISSIONS.

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

7 duties, and responsibilities in the conduct of the foreign

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

10 (1) INTERNATIONAL BOUNDARY AND WATER

11 COMMISSION, UNITED STATES AND MEXICO.—For

12 ‘‘International Boundary and Water Commission,

13 United States and Mexico’’—

14 (A) for ‘‘Salaries and Expenses’’

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

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

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

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

19 fiscal year 1995.

20 (2) INTERNATIONAL BOUNDARY COMMISSION,

21 UNITED STATES AND CANADA.—For ‘‘International

22 Boundary Commission, United States and Canada’’,

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

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

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

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

4 year 1995.

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

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

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

9 SEC. 105. MIGRATION AND REFUGEE ASSISTANCE.

10 (a) AUTHORIZATION OF APPROPRIATIONS.—

11 (1) There are authorized to be appropriated for

12 ‘‘Migration and Refugee Assistance’’ for authorized

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

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

15 (2) There are authorized to be appropriated

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

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

18 for refugees resettling in Israel.

19 (b) AVAILABILITY OF FUNDS.—Funds appropriated

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

21 until expended.

22 SEC. 106. OTHER PROGRAMS.

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

2 other purposes authorized by law:

3 (1) UNITED STATES BILATERAL SCIENCE AND

4 TECHNOLOGY AGREEMENTS.—For ‘‘United States

5 Bilateral Science and Technology Agreements’’,

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

7 for the fiscal year 1995.

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

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

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

13 (a) AUTHORIZATION OF APPROPRIATIONS.—There

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

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

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

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

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

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

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

3 U.S.C. 2589) is amended—

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

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

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

7 carry out this Act’’.

8 PART B—AUTHORITIES AND ACTIVITIES

9 SEC. 111. AUTHORIZED STRENGTH OF THE FOREIGN SERV10 ICE.

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

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

13 of the Foreign Service shall be subject to the following

14 limitations as of September 30, 1994:

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

16 of whom not more than 825 shall be members of the

17 Senior Foreign Service.

18 (2) United States Information Agency, not to

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

20 members of the Senior Foreign Service.

21 (3) Agency for International Development, not

22 to exceed 1,850, of whom not more than 250 shall

23 be members of the Senior Foreign Service.

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

25 subsection (c), the employment and service of Members
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1 of the Foreign Service shall be subject to the following

2 limitations as of September 30, 1995:

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

4 of whom not more than 775 shall be members of the

5 Senior Foreign Service.

6 (2) United States Information Agency, not to

7 exceed 1,200, of whom not more than 165 shall be

8 members of the Senior Foreign Service.

9 (3) Agency for International Development, not

10 to exceed 1,850, of whom not more than 240 shall

11 be members of the Senior Foreign Service.

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

13 the term ‘‘members of the Foreign Service’’ has the mean14 ing of such term under section 103 of the Foreign Service

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

16 not include—

17 (1) members of the Service under paragraphs

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

19 (2) members of the Service serving under tem20 porary resident appointments abroad;

21 (3) members of the Service employed on less

22 than a full-time basis;

23 (4) members of the Service subject to involun24 tary separation in cases in which such separation
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1 has been suspended pursuant to section 1106(8) of

2 the Foreign Service Act of 1980; and

3 (5) members of the Senior Foreign Service serv4 ing under limited non-career appointments.

5 (d) WAIVER AUTHORITY.—

6 (1)(A) Subject to subparagraph (B), the Sec7 retary of State, the Director of the United States

8 Information Agency, and the Director of the Agency

9 for International Development may waive any limita10 tion under subsection (a) or (b) which applies to the

11 Department of State, the United States Information

12 Agency, or the Agency for International Develop13 ment, respectively, to the extent that such waiver is

14 necessary to carry on the foreign affairs functions of

15 the United States.

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

17 head implements a waiver under subparagraph (A),

18 such agency head shall notify the Committee on For19 eign Affairs of the House of Representatives and the

20 Committee on Foreign Relations of the Senate. Such

21 notice shall include an explanation of the cir22 cumstances and necessity for such waiver.

23 SEC. 112. TRANSFERS AND REPROGRAMMINGS.

24 (a) AMENDMENTS TO SECTION 24 OF THE STATE

25 DEPARTMENT BASIC AUTHORITIES ACT OF 1956.—Sec-
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1 tion 24 of the State Department Basic Authorities Act

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

3 (1) in subsection (b)(7) by striking subpara4 graph (E);

5 (2) in subsection (d)(1)—

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

7 ‘‘either’’; and

8 (B) by striking ‘‘such second’’ and insert9 ing ‘‘such’’;

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

11 sentence to read as follows: ‘‘Amounts appropriated

12 for the ‘Diplomatic and Consular Programs’ account

13 may not exceed by more than 5 percent the amount

14 specifically authorized to be appropriated for such

15 account for a fiscal year.’’; and

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

17 (b) DIPLOMATIC CONSTRUCTION PROGRAM.—Section

18 401 of the Omnibus Diplomatic Security and

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

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

21 (c) REPROGRAMMING.—Section 34 of the State De22 partment Basic Authorities Act of 1956 (22 U.S.C. 2706)

23 is amended in subsection (a)(7) by striking ‘‘$500,000’’

24 and inserting ‘‘$1,000,000’’.
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1 SEC. 113. EXPENSES RELATING TO CERTAIN INTER2 NATIONAL CLAIMS AND PROCEEDINGS.

3 Section 38 of the State Department Basic Authorities

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

5 the end the following new subsections:

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

7 of State may use competitive procedures or procedures

8 other than competitive procedures to procure the services

9 of experts for use in preparing or prosecuting a proceeding

10 before an international tribunal or a claim by or against

11 a foreign government or other foreign entity, whether or

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

13 support services for such proceedings or claims. The Sec14 retary need not provide any written justification for the

15 use of procedures other than competitive procedures when

16 procuring such services under this chapter and need not

17 furnish for publication in the Commerce Business Daily

18 or otherwise any notice of solicitation or synopsis with re19 spect to such procurement.

20 ‘‘(d) INTERNATIONAL LITIGATION FUND.—

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

22 Department of State with a dependable, flexible, and

23 adequate source of funding for the expenses of the

24 Department related to preparing or prosecuting a

25 proceeding before an international tribunal, or a

26 claim by or against a foreign government or other
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1 foreign entity, there is established an International

2 Litigation Fund (hereafter in this subsection re3 ferred to as the ‘‘ILF’’). The ILF shall be available

4 without fiscal year limitation. Funds otherwise avail5 able to the Department for the purposes of this

6 paragraph may be credited to the ILF.

7 ‘‘(2) REPROGRAMMING PROCEDURES.—Funds

8 credited to the ILF shall be treated as a

9 reprogramming of funds under section 34 and shall

10 not be available for obligation or expenditure except

11 in compliance with the procedures applicable to such

12 reprogrammings. This paragraph shall not apply to

13 the transfer of funds under paragraph (3).

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

15 by the Department of State from another agency of

16 the United States Government or pursuant to the

17 Department of State Appropriations Act of 1937

18 (49 Stat. 1321, 22 U.S.C. 2661) to meet costs of

19 preparing or prosecuting a proceeding before an

20 international tribunal, or a claim by or against a for21 eign government or other foreign entity, shall be

22 credited to the ILF.

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

24 ILF shall be available only for the purposes of para25 graph (1).’’.
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1 SEC. 114. CHILD CARE FACILITIES AT CERTAIN POSTS

2 ABROAD.

3 Section 31 of the State Department Basic Authorities

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

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

6 and inserting ‘‘The’’.

7 SEC. 115. NOTIFICATION TO CONGRESS OF PROPOSED

8 REPROGRAMMINGS OF AID OPERATING EX9 PENSES.

10 (a) AMENDMENT TO THE FOREIGN ASSISTANCE ACT

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

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

13 end the following:

14 ‘‘(d) AID OPERATING EXPENSES.—

15 ‘‘(1) CONGRESSIONAL NOTIFICATION OF CER16 TAIN REPROGRAMMINGS.—Unless the Committee on

17 Foreign Affairs of the House of Representatives and

18 the Committee on Foreign Relations of the Senate

19 are notified at least 15 days in advance of the pro20 posed reprogramming, funds appropriated for the

21 operating expenses of the agency primarily respon22 sible for administering part I (including funds ap23 propriated for the operating expenses of the Office

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

25 available for obligation or expenditure through any

26 reprogramming of funds that—
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1 ‘‘(A) would create or eliminate a program,

2 project, or activity;

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

4 any means for any program, project, or activity

5 for which funds have been denied or restricted

6 by the Congress;

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

8 projects, or activities among bureaus;

9 ‘‘(D) would involve a reprogramming in ex10 cess of $1,000,000 or 10 percent (whichever is

11 greater) and would—

12 ‘‘(i) augment existing programs,

13 projects, or activities,

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

15 funding for any existing program, project,

16 activity, or personnel approved by the Con17 gress, or

18 ‘‘(iii) result from any general savings

19 from a reduction in personnel that would

20 result in a change in existing programs,

21 activities, or projects approved by the Con22 gress.

23 ‘‘(2) LIMITATION ON END-OF-YEAR REPRO24 GRAMMINGS.—Funds appropriated for the operating

25 expenses of the agency primarily responsible for ad-
26

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1 ministering part I (including funds appropriated for

2 the operating expenses of the Office of the Inspector

3 General of that agency) shall not be available for ob4 ligation or expenditure through any reprogramming

5 described in paragraph (1) during the last 15 days

6 in which such funds are available for obligation or

7 expenditure (as the case may be) unless the notifica8 tion required by that paragraph was submitted be9 fore that 15-day period.’’.

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

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

12 SEC. 116. PROHIBITION ON DISCRIMINATORY CONTRACTS.

13 (a) PROHIBITION.—

14 (1) Except for real estate leases and as pro15 vided in subsection (b), the Department of State

16 may not enter into any contract that expends funds

17 appropriated to the Department of State for an

18 amount in excess of the small purchase threshold (as

19 defined in section 4(11) of the Office of Federal

20 Procurement Policy Act (41 U.S.C. 403(11))—

21 (A) with a foreign person that complies

22 with the Arab League boycott of Israel, or

23 (B) with any foreign or United States per24 son that discriminates in the award of sub25 contracts on the basis of religion.
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1 (2) For purposes of this section—

2 (A) a foreign person complies with the boy3 cott of Israel by Arab League countries when

4 that foreign person takes or knowingly agrees

5 to take any action, with respect to the boycott

6 of Israel by Arab League countries, which sec7 tion 8(a) of the Export Administration Act of

8 1979 prohibits a United States person from

9 taking, except that for purposes of this para10 graph, the term ‘‘United States person’’ as used

11 in subparagraphs (B) and (C) of section 8(a)(1)

12 of such Act shall be deemed to mean ‘‘person’’;

13 and

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

15 person other than a United States person as de16 fined in section 16(2) of the Export Adminis17 tration Act of 1979.

18 (3) For purposes of paragraph (1), a foreign

19 person shall be deemed not to comply with the boy20 cott of Israel by Arab League countries if that per21 son, or the Secretary of State or his designee on the

22 basis of available information, certifies that the per23 son violates or otherwise does not comply with the

24 boycott of Israel by Arab League countries by taking

25 any actions prohibited by section 8(a) of the Export
28

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1 Administration Act of 1979. Certification by the

2 Secretary of State or his designee may occur only 30

3 days after notice has been given to the Congress

4 that this certification procedure will be utilized at a

5 specific overseas mission.

6 (b) WAIVER BY SECRETARY OF STATE.—The Sec7 retary of State may waive the requirements of this section

8 on a country-by-country basis for a period not to exceed

9 one year upon certification to the Congress by the Sec10 retary that such waiver is in the national interest and is

11 necessary to carry on diplomatic functions on the United

12 States. Each such certification shall include a detailed jus13 tification for the waiver with respect to each such country.

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

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

16 the Secretary of State shall ensure that any response to

17 a solicitation for a bid or a request for a proposal, with

18 respect to a contract covered by subsection (a), includes

19 the following clause, in substantially the following form:

20 ‘‘ARAB BOYCOTT OF ISRAEL

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

22 ‘‘(1) the term ‘foreign person’ means any per23 son other than a United States person as defined in

24 paragraph (2); and

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

26 United States resident or national (other than an in-
29

•HR 2333 EH1S

1 dividual resident outside the United States and em2 ployed by other than a United States person), any

3 domestic concern (including any permanent domestic

4 establishment of any foreign concern), and any for5 eign subsidiary or affiliate (including any permanent

6 foreign establishment) of any domestic concern

7 which is controlled in fact by such domestic concern,

8 as determined under regulations of the President.

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

10 Offeror certifies that it is not—

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

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

13 countries, which section 8(a) of the Export Adminis14 tration Act of 1979 (50 U.S.C. App. 2407(a)) pro15 hibits a United States person from taking; or

16 ‘‘(2) discriminating in the award of sub17 contracts on the basis of religion.’’.

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

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

20 deemed not to comply with the Arab League boycott of

21 Israel by the Secretary of State or a designee on the basis

22 of available information. Certification by the Secretary of

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

24 has been given to the Congress that this certification pro25 cedure will be utilized at a specific overseas mission.
30

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

2 Department contract solicitations include a detailed expla3 nation of the requirements of section 8(a) of the Export

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

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

6 of State shall conduct reviews of the certifications submit7 ted pursuant to this section for the purpose of assessing

8 the accuracy of the certifications.

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

10 person of a violation of the certification as required by

11 this section, filed with the Secretary of State, the Depart12 ment of State shall investigate such complaint, and if such

13 complaint is found to be correct and a violation of the cer14 tification has been found, all contracts with such violator

15 shall be terminated for default as soon as practicable, and,

16 for a period of two years thereafter, the State Department

17 shall not enter into any contracts with such a violator.

18 SEC. 117. EMERGENCIES IN THE DIPLOMATIC AND CON19 SULAR SERVICE.

20 Section 4 of the State Department Basic Authorities

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

22 (c)—

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

24 (2) by striking ‘‘an annual confidential’’ and in25 serting ‘‘a periodic’’.
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1 SEC. 118. ROLE OF THE FOREIGN SERVICE INSTITUTE.

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

3 U.S.C. 4021) is amended by adding at the end the follow4 ing new subsection:

5 ‘‘(d)(1) The Secretary of State is authorized to pro6 vide for the training and instruction of employees of for7 eign governments at the Institute.

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

9 and instruction under paragraph (1) shall be on a reim10 bursable basis. Reimbursement to the Institute may be

11 provided by an agency of the United States Government

12 or by a foreign person.

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

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

15 SEC. 119. REPORTING REQUIREMENT ON AMERICAN PRIS16 ONERS ABROAD.

17 Section 108 of the Foreign Relations Authorization

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

19 SEC. 120. CONSULAR AUTHORITIES.

20 (a) PERSONS AUTHORIZED TO ISSUE PASSPORTS

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

22 and validity of passports, and for other purposes’’, ap23 proved July 3, 1926 (44 Stat. 887, 22 U.S.C. 211a) is

24 amended by striking ‘‘by diplomatic representatives of the

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

26 vice consuls when in charge,’’ and inserting ‘‘by diplomatic
32

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1 and consular officers of the United States, and by other

2 employees of the Department of State who are citizens of

3 the United States,’’.

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

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

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

8 adding at the end ‘‘Pursuant to such regulations as the

9 Secretary of State may prescribe, the Secretary may des10 ignate any other employee of the Department of State who

11 is a citizen of the United States to perform any notarial

12 function authorized to be performed by a consular officer

13 of the United States under this Act.’’.

14 SEC. 121. REQUIREMENT FOR AUTHORIZATION OF APPRO15 PRIATIONS FOR AID.

16 Public Law 87–195 is amended by inserting after sec17 tion 667 the following new section:

18 ‘‘SEC. 668. REQUIREMENT FOR AUTHORIZATION OF APPRO19 PRIATIONS.

20 ‘‘(a) LIMITATION ON OBLIGATION AND EXPENDI21 TURE OF FUNDS.—Notwithstanding any other provision

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

23 fiscal year, any funds appropriated for the agency pri24 marily responsible for administering part I of this Act

25 shall not be available for obligation or expenditure—
33

•HR 2333 EH1S

1 ‘‘(1) unless such funds are appropriated pursu2 ant to an authorization of appropriations; or

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

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

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

7 authorization of appropriations is enacted after such funds

8 are appropriated.

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

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

12 supersedes the provisions of this section; and

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

14 permanent appropriations, trust funds, and other

15 similar accounts which are authorized by law and

16 administered by the agency primarily responsible for

17 administering part I of this Act.’’.

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

20 Not later than 180 days after the date of the enact21 ment of this Act, the Secretary of State, jointly with the

22 Director of the United States Information Agency, the Di23 rector of the Arms Control and Disarmament Agency, and

24 the Administrator of the Agency for International Devel25 opment, shall submit, to the Committee on Foreign Affairs
34

•HR 2333 EH1S

1 of the House of Representatives and the Committee on

2 Foreign Relations of the Senate, a report concerning the

3 feasibility of consolidating domestic administrative oper4 ations for the Department of State, the Agency for Inter5 national Development, and the United States Information

6 Agency. Such report shall include specific recommenda7 tions for implementation.

8 SEC. 123. LOCAL GUARD CONTRACTS ABROAD.

9 Section 136(c) of the Foreign Relations Authoriza10 tion Act, Fiscal Years 1990 and 1991 (Public Law 101–

11 246) is amended—

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

13 distance from the post’’;

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

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

16 (3) by inserting after paragraph (1) the fol17 lowing:

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

19 contracts through competitive bidding;

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

21 such contracts, award not less than 60 percent of

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

23 SEC. 124. VISAS.

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

2 the Secretary of State is authorized to charge a fee

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

5 border crossing identification cards and non6 immigrant visas.

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

11 shall include the payment of any fees for access to

12 the criminal history records of the Federal Bureau

13 of Investigation for processing visa applications and

14 making immigration eligibility determinations. Such

15 fees shall remain available for obligation until ex16 pended.

17 (3) For fiscal years 1994 and 1995, fees col18 lected under the authority of paragraph (1) may not

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

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

21 than 18 months after the date of the enactment of this

22 Act, the Secretary of State shall implement an upgrade

23 of all overseas visa lookout operations to computerized sys24 tems with automated multiple-name search capabilities.
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1 (c) PROCESSING OF VISAS FOR ADMISSION TO THE

2 UNITED STATES.—

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

4 the enactment of this Act, whenever a United States

5 consular officer issues a visa for admission to the

6 United States, that official shall certify, in writing,

7 that a check of the Automated Visa Lookout Sys8 tem, or any other system or list which maintains in9 formation about the excludability of aliens under the

10 Immigration and Nationality Act, has been made

11 and that there is no basis under such system for the

12 exclusion of such alien.

13 (B) If, at the time an alien applies for an immi14 grant or nonimmigrant visa, the alien’s name is in15 cluded in the Department of State’s visa lookout

16 system and the consular officer to whom the applica17 tion is made fails to follow the procedures in proc18 essing the application required by the inclusion of

19 the alien’s name in such system, the consular offi20 cer’s failure shall be made a matter of record and

21 shall be considered as a serious negative factor in

22 the officer’s annual performance evaluation.

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

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

25 admitted to the United States and there is there-
37

•HR 2333 EH1S

1 after probable cause to believe that the alien was a

2 participant in a terrorist act causing serious loss of

3 life or property in the United States, the Secretary

4 of State shall convene an Accountability Review

5 Board under the authority of title III of the Omni6 bus Diplomatic Security and Antiterrorism Act of

7 1986.

8 SEC. 125. CONSULAR AND DIPLOMATIC POSTS ABROAD.

9 Section 48 of the State Department Basic Authorities

10 Act of 1956 is amended—

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

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

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

14 SEC. 126. ANNUAL COUNTRY REPORTS ON TERRORISM.

15 Section 140 of the Foreign Relations Authorization

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

17 amended in subsection (b)(2)—

18 (1) by striking ‘‘and’’ at the end of subpara19 graph (C);

20 (2) by striking the period at the end of sub21 paragraph (D) and inserting ‘‘; and’’; and

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

23 ‘‘(E) efforts by the United States to elimi24 nate international financial support provided to
38

•HR 2333 EH1S

1 those groups directly or provided in support of

2 their activities.’’.

3 PART C—DEPARTMENT OF STATE

4 ORGANIZATION

5 SEC. 131. ORGANIZING PRINCIPLES.

6 The Congress makes the following findings:

7 (1) The organization of the Department of

8 State should reflect, to the maximum extent pos9 sible, the primary responsibility of the Secretary of

10 State under the President for the conduct of the Na11 tion’s foreign relations.

12 (2) Unless compelling considerations so require,

13 statutory authorities should be vested in the Sec14 retary of State, rather than in officials subordinate

15 to the Secretary.

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

17 (a) ORGANIZATION.—Section 1 of the State Depart18 ment Basic Authorities Act of 1956 is amended to read

19 as follows:

20 ‘‘ORGANIZATION OF THE DEPARTMENT OF STATE

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

22 ‘‘(1) The Department of State shall be adminis23 tered in accordance with this Act and other provi24 sions of law under the supervision and direction of

25 the Secretary of State (hereinafter referred to as the

26 ‘Secretary’).
39

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

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

3 Senate.

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

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

6 Secretary shall have and exercise any authority vest7 ed by law in any office or official of the Department

8 of State. The Secretary shall administer, coordinate,

9 and direct the Foreign Service of the United States

10 and the personnel of the Department of State, ex11 cept where authority is inherent in or vested in the

12 President.

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

14 of the Inspector General or the Chief Financial Offi15 cer. The Secretary shall not have any authority

16 given expressly to diplomatic or consular officers.

17 ‘‘(4) The Secretary of State is authorized to

18 promulgate such rules and regulations as may be

19 necessary to carry out the functions of the Secretary

20 of State and the Department of State. The Sec21 retary may delegate authority to perform any of the

22 functions of the Secretary or the Department to offi23 cers and employees under the direction and super24 vision of the Secretary. The Secretary may delegate

25 the authority to redelegate any such functions.
40

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

2 Department of State not more than 5 Under Secretaries

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

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

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

6 the Executive Schedule under section 5314 of title 5, Unit7 ed States Code.

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

9 the Department of State not more than 21 Assistant Sec10 retaries of State, each of whom shall be appointed by the

11 President, by and with the advice and consent of the Sen12 ate, and who shall be compensated at the rate provided

13 for at level IV of the Executive Schedule under section

14 5315 of title 5.

15 ‘‘(d) DEPUTY ASSISTANT SECRETARIES.—There

16 shall be in the Department of State not more than 66

17 Deputy Assistant Secretaries of State.

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

19 other officials of the Department of State who are author20 ized to be compensated at level IV of the Executive Sched21 ule under section 5215 of title 5, not more than 4 other

22 officers of the Department of State shall be appointed by

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

24 Senate, and shall be compensated at such level.’’.
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1 (b) APPLICATION.—The amendments made by this

2 section and section 133 shall apply with respect to offi3 cials, offices, and bureaus of the Department of State

4 when Executive orders implementing such sections become

5 effective.

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

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

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

9 office, at the Department of State at the same level per10 forming similar functions, as determined by the President,

11 by reason of the enactment of the amendments made by

12 this section and section 133.

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

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

15 Department of State affected by the amendment made by

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

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

18 be appropriate.

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

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

21 executive order in the Department of Commerce, the Fed22 eral Communications Commission, or any officer thereof.

23 (f) OFFICE OF THE COORDINATOR FOR

24 COUNTERTERRORISM.—Notwithstanding any other provi25 sion of this section, there shall be in the Department of
42

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1 State an Office of the Coordinator for Counterterrorism

2 which shall be headed by a Coordinator for

3 Counterterrorism. The office shall have the same respon4 sibilities and functions as the Office of the Coordinator

5 for Counterterrorism at the Department of State had as

6 of January 20, 1993.

7 SEC. 133. TECHNICAL AND CONFORMING AMENDMENTS.

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

9 Act to strengthen and improve the organization and ad10 ministration of the Department of State, and for other

11 purposes’’ (May 26, 1949; Public Law 81–73; 22 U.S.C.

12 2652 et seq.) is repealed.

13 (b) FOREIGN RELATIONS AUTHORIZATION ACT, FIS14 CAL YEAR 1979.—Section 115 of the Foreign Relations

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

16 is amended by striking subsection (a).

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

18 93–126 (22 U.S.C. 2655a) is amended by striking sub19 section (a).

20 (d) FOREIGN RELATIONS AUTHORIZATION ACT, FIS21 CAL YEARS 1992 AND 1993.—Section 122 of the Foreign

22 Relations Authorization Act, Fiscal Years 1992 and 1993

23 (22 U.S.C. 2652b) is amended by striking subsection (a).

24 (e) TITLE 5, UNITED STATES CODE.—
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1 (1) Section 5314 of title 5, United States Code,

2 is amended by striking—

3 ‘‘Under Secretary of State for Political Affairs

4 and Under Secretary of State for Economic and Ag5 ricultural Affairs and an Under Secretary of State

6 for Coordinating Security Assistance Programs and

7 Under Secretary of State for Management.

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

9 and inserting—

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

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

12 is amended by striking ‘‘Legal Advisor of the De13 partment of State.’’, ‘‘Chief of Protocol, Department

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

15 International Environmental and Scientific Affairs,

16 Department of State.’’, ‘‘Assistant Secretary for

17 International Narcotics Matters, Department of

18 State.’’, ‘‘Assistant Secretary for South Asian Af19 fairs, Department of State.’’, and ‘‘21 Assistant Sec20 retaries of State and 4 other State Department offi21 cials to be appointed by the President, by and with

22 the advice and consent of the Senate.’’.

23 (f) FOREIGN ASSISTANCE ACT OF 1961.—The For24 eign Assistance Act of 1961 is amended—
44

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

2 striking ‘‘Assistant Secretary for Human Rights and

3 Humanitarian Affairs’’ and inserting ‘‘Secretary of

4 State’’;

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

6 502B(c)(1) (22 U.S.C. 2304(c)), and 505(g)(4)(A)

7 (22 U.S.C. 2314(g)(4)(A)) by striking ‘‘, prepared

8 with the assistance of the Assistant Secretary of

9 State for Human Rights and Humanitarian Af10 fairs,’’ each place it appears;

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

12 striking paragraph (1);

13 (4) in section 624(f)(2)—

14 (A) by striking ‘‘(2) The Assistant Sec15 retary of State for Human Rights and Humani16 tarian Affairs’’ and inserting ‘‘The Secretary of

17 State’’; and

18 (B) by redesignating subparagraphs (A)

19 through (D) as paragraphs (1) through (4), re20 spectively; and

21 (5) in section 624(f)(2)(C)—

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

23 and’’; and

24 (B) by striking ‘‘Assistant’’.
45

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

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

3 2755(d)(1)) by striking ‘‘Assistant Secretary of State for

4 Human Rights and Humanitarian Affairs’’ and inserting

5 ‘‘Secretary of State’’.

6 (h) DIPLOMATIC SECURITY ACT.—The Omnibus Dip7 lomatic Security and Antiterrorism Act of 1986 is amend8 ed—

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

10 (A) striking paragraph (2); and

11 (B) redesignating paragraphs (3) through

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

13 (2) in subsection 103(a)—

14 (A) by inserting ‘‘(1)’’ before ‘‘The Sec15 retary of State’’;

16 (B) by redesignating paragraphs (1)

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

18 respectively; and

19 (C) by inserting at the end the following

20 new paragraph:

21 ‘‘(2) Security responsibilities shall include the follow22 ing:

23 ‘‘(A) FORMER OFFICE OF SECURITY FUNC24 TIONS.—Functions and responsibilities exercised by
46

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1 the Office of Security, Department of State, before

2 November 1, 1985.

3 ‘‘(B) SECURITY AND PROTECTIVE OPER4 ATIONS.—

5 ‘‘(i) Establishment and operations of post

6 security and protective functions abroad.

7 ‘‘(ii) Development and implementation of

8 communications, computer, and information se9 curity.

10 ‘‘(iii) Emergency planning.

11 ‘‘(iv) Establishment and operations of local

12 guard services abroad.

13 ‘‘(v) Supervision of the United States Ma14 rine Corps security guard program.

15 ‘‘(vi) Liaison with American overseas pri16 vate sector security interests.

17 ‘‘(vii) Protection of foreign missions and

18 international organizations, foreign officials,

19 and diplomatic personnel in the United States,

20 as authorized by law.

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

22 and other persons designated by the Secretary

23 of State, as authorized by law.
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1 ‘‘(ix) Physical protection of Department of

2 State facilities, communications, and computer

3 information systems in the United States.

4 ‘‘(x) Conduct of investigations relating to

5 protection of foreign officials and diplomatic

6 personnel and foreign missions in the United

7 States, suitability for employment, employee se8 curity, illegal passport and visa issuance or use,

9 and other investigations, as authorized by law.

10 ‘‘(xi) Carrying out the rewards program

11 for information concerning international terror12 ism authorized by section 36(a) of the State

13 Department Basic Authorities Act of 1956.

14 ‘‘(xii) Performance of other security, inves15 tigative, and protective matters as authorized

16 by law.

17 ‘‘(C) COUNTERTERRORISM PLANNING AND CO18 ORDINATION.—Development and coordination of

19 counterterrorism planning, emergency action plan20 ning, threat analysis programs, and liaison with

21 other Federal agencies to carry out this paragraph.

22 ‘‘(D) SECURITY TECHNOLOGY.—Development

23 and implementation of technical and physical secu24 rity programs, including security-related construc25 tion, radio and personnel security communications,
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1 armored vehicles, computer and communications se2 curity, and research programs necessary to develop

3 such measures.

4 ‘‘(E) DIPLOMATIC COURIER SERVICE.—Manage5 ment of the diplomatic courier service.

6 ‘‘(F) PERSONNEL TRAINING.—Development of

7 facilities, methods, and materials to develop and up8 grade necessary skills in order to carry out this sec9 tion.

10 ‘‘(G) FOREIGN GOVERNMENT TRAINING.—Man11 agement and development of antiterrorism assistance

12 programs to assist foreign government security

13 training which are administered by the Department

14 of State under chapter 8 of part II of the Foreign

15 Assistance Act of 1961 (22 U.S.C. 2349aa et

16 seq.).’’;

17 (3) by striking section 104;

18 (4) by striking section 105;

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

20 Protocol of the Department of State shall consult

21 with the Assistant Secretary of Diplomatic Security’’

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

23 account security considerations’’;

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

25 read as follows: ‘‘TITLE II—PERSONNEL’’;
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1 (7) by amending section 201 to read as follows:

2 ‘‘SEC. 201. DIPLOMATIC SECURITY SERVICE.

3 ‘‘The Secretary of State may establish a Diplomatic

4 Security Service, which shall perform such functions as

5 the Secretary may determine.’’;

6 (8) in section 202—

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

8 and inserting ‘‘Any such’’;

9 (B) by striking ‘‘shall’’ each place it ap10 pears in the first, third, and fourth sentences

11 and inserting ‘‘should’’; and

12 (C) by striking the last sentence;

13 (9) in section 203—

14 (A) by amending the heading to read as

15 follows:

16 ‘‘SEC. 203. SPECIAL AGENTS.’’;

17 (B) in the first sentence by striking ‘‘Posi18 tions in the Diplomatic Security Service’’ and

19 inserting ‘‘Special agent positions’’; and

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

21 case of positions designated for special agents,

22 the’’ and inserting ‘‘The’’; and

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

24 Secretary for Diplomatic Security’’ and inserting

25 ‘‘Secretary of State’’.
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1 (i) IMMIGRATION AND NATIONALITY ACT.—The Im2 migration and Nationality Act (8 U.S.C. 1101 et seq.) is

3 amended—

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

5 by striking ‘‘Assistant Secretary of State for Con6 sular Affairs’’ and inserting ‘‘official designated by

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

8 this Act’’;

9 (2) in section 104 (8 U.S.C. 1104)—

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

11 OF CONSULAR AFFAIRS’’;

12 (B) in subsection (a), by striking ‘‘the Bu13 reau of Consular Affairs’’ and inserting ‘‘the

14 Administrator’’;

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

16 follows:

17 ‘‘(b) The Secretary of State shall designate an Ad18 ministrator who shall be a citizen of the United States,

19 qualified by experience. The Administrator shall maintain

20 close liaison with the appropriate committees of Congress

21 in order that they may be advised regarding the adminis22 tration of this Act by consular officers. The Administrator

23 shall be charged with any and all responsibility and au24 thority in the administration of this Act which are con25 ferred on the Secretary of State as may be delegated to
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1 the Administrator by the Secretary of State or which may

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

3 such other duties as the Secretary of State may pre4 scribe.’’;

5 (D) in subsection (c), by striking ‘‘Bu6 reau’’ and inserting ‘‘Department of State’’;

7 and

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

9 ‘‘respectively’’ before the period.

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

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

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

13 (j) DEPARTMENT OF STATE APPROPRIATIONS ACT,

14 1989.—Section 306 of the Department of State Appro15 priations Act, 1989 (Public Law 100–459) is repealed.

16 (k) DEPARTMENT OF DEFENSE APPROPRIATIONS

17 ACT, FISCAL YEAR 1989.—Section 8125 of the Depart18 ment of Defense Appropriations Act, Fiscal Year 1989

19 (Public Law 100–463) is amended by striking subsection

20 (c).

21 (l) STATE DEPARTMENT BASIC AUTHORITIES ACT

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

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

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

25 and all that follows before the period; and
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1 (B) in subsection (b)—

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

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

4 ‘‘The Secretary of State shall be responsible for formula5 tion, coordination, and oversight of international commu6 nications and information policy. The Secretary of State

7 shall—’’;

8 (ii) by redesignating paragraphs (1)

9 through (7) as paragraphs (2) through (8), re10 spectively;

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

12 so redesignated) a new paragraph (1) as fol13 lows:

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

15 of foreign policy with respect to telecommunications,

16 including the determination of United States posi17 tions and the conduct of United States participation

18 in bilateral and multilateral negotiations with for19 eign governments and in international bodies;’’;

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

21 the bureaus and offices of the Department of

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

23 semicolon ‘‘and with the Federal Communica24 tions Commission, as appropriate’’; and
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1 (v) in paragraph (4), by striking ‘‘the Sen2 ior Interagency Group on International Com3 munications and Information Policy’’ and in4 serting ‘‘any senior interagency policy-making

5 group on international telecommunications and

6 information policy’’.

7 (2) Section 3 of the State Department Basic Authori8 ties Act of 1956 (22 U.S.C. 2670) is amended—

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

10 (k);

11 (B) by striking the period at the end of sub12 section (l) and inserting ‘‘; and’’; and

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

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

15 and dispatch agencies.’’.

16 (3) Section 2 of the State Department Basic Authori17 ties Act of 1956 is amended by striking ‘‘(l) pay’’ and

18 inserting ‘‘(m) pay’’.

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

20 1980 (Public Law 96–212) is amended—

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

22 ‘‘UNITED STATES COORDINATOR FOR REF23 UGEE AFFAIRS AND’’;

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

25 (3) by repealing section 301; and
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1 (4) by striking the heading for part B.

2 (n) IMMIGRATION AND NATIONALITY ACT.—

3 (1) Section 411(b) of the Immigration and Na4 tionality Act (8 U.S.C. 1521(b)) is amended by

5 striking ‘‘and under the general policy guidance of

6 the United States Coordinator for Refugee Affairs

7 (hereinafter in this chapter referred to as the ‘Coor8 dinator’)’’ and inserting ‘‘the Secretary of State’’.

9 (2) Section 412 of the Immigration and Nation10 ality Act (8 U.S.C. 1522) is amended—

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

12 together with the Coordinator,’’;

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

14 striking ‘‘in consultation with the Coordina15 tor,’’; and

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

17 in consultation with the United States Coordi18 nator for Refugee Affairs,’’.

19 (3) Section 413(a) of the Immigration and Na20 tionality Act (8 U.S.C. 1523) is amended by striking

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

22 (o) STATE DEPARTMENT BASIC AUTHORITIES

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

24 Act of 1956 (22 U.S.C. 4301 et seq.) is amended—
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1 (1) in section 202(a) by striking paragraph (3)

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

3 paragraphs (3) through (7);

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

5 read as follows:

6 ‘‘AUTHORITIES OF THE SECRETARY OF STATE

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

8 ‘‘(1) assist agencies of Federal, State, and mu9 nicipal government with regard to ascertaining and

10 according benefits, privileges, and immunities to

11 which a foreign mission may be entitled;

12 ‘‘(2) provide or assist in the provision of bene13 fits for or on behalf of a foreign mission in accord14 ance with section 204;

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

16 out the purposes of this Act;

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

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

19 event such an office is established, the President

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

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

22 Furthermore, of the Director and the next most sen23 ior person in the office, one should be an individual

24 who has served in the United States Foreign Service

25 while the other should be an individual who has
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•HR 2333 EH1S

1 served in the United States intelligence community;

2 and

3 ‘‘(5) perform such other functions as the Sec4 retary may determine necessary in furtherance of

5 the policy of this title.’’;

6 (3) in section 204—

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

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

9 inserting ‘‘Secretary’’; and

10 (B) in paragraph (d), by striking ‘‘the Di11 rector or any other’’ and inserting ‘‘any’’;

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

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

14 (5) in section 205—

15 (A) in subsection (a), by striking ‘‘Direc16 tor’’ and inserting ‘‘Secretary’’; and

17 (B) in subsection (c)(2) by striking ‘‘au18 thorize the Director to’’; and

19 (6) in section 208—

20 (A) in subsection (d) by striking ‘‘Direc21 tor’’ and inserting in its place ‘‘Secretary’’;

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

23 striking ‘‘Office of Foreign Missions’’ each

24 place it appears and inserting ‘‘Department of

25 State’’; and
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1 (C) in subsection (h)(2) by striking ‘‘Di2 rector or the’’.

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

4 (1) The Act entitled ‘‘An Act to create the Of5 fice of Counselor of the United States’’ (May 18,

6 1937; Public Law 75–91; 22 U.S.C. 2655) is re7 pealed.

8 (2) The Act entitled ‘‘An Act for the reorga9 nization and improvement of the Foreign Service of

10 the United States and for other purposes’’ (May 24,

11 1924; Public Law 68–135; 22 U.S.C. 2654) is

12 amended by striking section 30.

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

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

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

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

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

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

19 Service, who shall be a career member of the Senior For20 eign Service. The Director General should assist the Sec21 retary of State in the management of the Service and per22 form such functions as the Secretary of State may pre23 scribe.’’.
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1 PART D—PERSONNEL

2 SEC. 141. LABOR-MANAGEMENT RELATIONS.

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

4 is amended to read as follows:

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

6 chapter—

7 ‘‘(A) participation in the management of a

8 labor organization for purposes of collective bargain9 ing or acting as a representative of a labor organiza10 tion for such purpose is prohibited under this chap11 ter—

12 ‘‘(i) on the part of any management offi13 cial or confidential employee;

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

15 served as a management official or confidential

16 employee during the preceding two years; or

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

18 the participation or activity would result in a

19 conflict of interest or apparent conflict of inter20 est or would otherwise be incompatible with law

21 or with the official functions of such employee;

22 and

23 ‘‘(B) service as a management official or con24 fidential employee is prohibited on the part of any

25 individual having participated in the management of

26 a labor organization or having acted as a representa-
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1 tive of a labor organization during the preceding two

2 years.

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

4 paragraph (1)(B), the term ‘management official’ shall

5 not include chiefs of mission, principal officers and their

6 deputies, and administrative and personnel officers

7 abroad.’’.

8 SEC. 142. VOLUNTARY RETIREMENT INCENTIVE PROGRAM.

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

10 1994 and 1995 and subject to the availability of appro11 priations, the Secretary of State is authorized to establish

12 and administer a program to provide financial incentives

13 for retirement to certain members of the Foreign Service

14 at the Department of State who are eligible for retirement.

15 (b) CAP ON INCENTIVE AMOUNT.—The financial in16 centive paid to any eligible individual pursuant to this sec17 tion may not exceed the lesser of—

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

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

20 title 5, United States Code, if the member were enti21 tled to payment under such section; or

22 (2) $25,000.

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

24 shall ensure that the total cost of financial incentives paid

25 to eligible individuals under any program established pur-
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1 suant to the authority of subsection (a) during the fiscal

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

3 Department would have incurred for pay and other per4 sonnel benefits during such period for such eligible individ5 uals had they not retired.

6 (d) RELATIONSHIP TO OTHER GOVERNMENT BENE7 FITS.—The amount paid to any eligible individual pursu8 ant to the authority of subsection (a) may not—

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

10 be included in the computation of, any other mone11 tary benefit payable with respect to such individual

12 by the Federal Government; and

13 (2) be taken into account for purposes of deter14 mining the amount of any severance pay to which

15 such eligible individual is entitled under any other

16 provision of law based on any other separation from

17 employment by the Federal Government.

18 (e) UNITED STATES INFORMATION AGENCY AND

19 AGENCY FOR INTERNATIONAL DEVELOPMENT.—The Di20 rector of the United States Information Agency and the

21 Director of the Agency for International Development are

22 authorized to exercise the same authorities with respect

23 to members of the Foreign Service serving at the United

24 States Information Agency and the Agency for Inter25 national Development, respectively, as the Secretary of
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1 State is authorized to exercise with respect to members

2 of the Foreign Service under this section.

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

4 PERSONAL PROPERTY DAMAGE OR LOSS.

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

7 title 31 of the United States Code is amended—

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

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

10 new paragraph:

11 ‘‘(2) The Secretary of State may waive the loss limi12 tation under paragraph (1) for claims for damage or loss

13 by United States Government personnel subject to a chief

14 of mission in a foreign country whose claims arose from

15 a departure authorized or ordered under circumstances de16 scribed in section 5522(a) of title 5 of the United States

17 Code, if the Secretary determines that exceptional cir18 cumstances warrant such a waiver.’’.

19 (b) RETROACTIVE APPLICATION.—The amendments

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

21 arising on or after October 31, 1988.

22 SEC. 144. SALARIES OF CHIEFS OF MISSION.

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

24 (22 U.S.C. 3961(a)) is amended—

25 (1) by striking ‘‘, exclusive of danger pay,’’; and
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1 (2) by striking ‘‘not exceed the annual rate pay2 able for level I of such Executive Schedule’’, and in3 serting ‘‘be subject to the limitation on certain pay4 ments under section 5307 of title 5 of the United

5 States Code’’.

6 SEC. 145. SENIOR FOREIGN SERVICE PERFORMANCE PAY.

7 (a) LIMITATION ON CERTAIN PAYMENTS.—Section

8 405(b)(4) of the Foreign Service Act of 1980 (22 U.S.C.

9 3965(b)(4)) is amended to read as follows:

10 ‘‘(4) Any award under this section shall be sub11 ject to the limitation on certain payments under sec12 tion 5307 of title 5 of the United States Code.’’.

13 (b) PROHIBITION ON PERFORMANCE PAY AWARDS IN

14 CERTAIN YEARS.—

15 (1) Notwithstanding any other provision of law,

16 for fiscal years 1994 and 1995, performance pay

17 awards and payments may not be made under sec18 tion 405 of the Foreign Service Act of 1980 for a

19 fiscal year by any agency subject to an agency-wide

20 reduction in force for budgetary reasons during that

21 fiscal year.

22 (2) No additional performance pay awards or

23 payments may be made in any subsequent fiscal year

24 to compensate for the prohibition under paragraph

25 (1).
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1 SEC. 146. REASSIGNMENT AND RETIREMENT OF FORMER

2 PRESIDENTIAL APPOINTEES.

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

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

5 section caption and inserting the following:

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

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

8 appointed by the President, and is not otherwise eligible

9 for retirement, the participant shall be reassigned within

10 90 days after the termination of such assignment and any

11 period of authorized leave.

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

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

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

15 and is not reassigned within 90 days after the termination

16 of such assignment and any period of authorized leave,

17 the participant shall be retired from the Service and re18 ceive retirement benefits in accordance with section 806

19 or section 855, as appropriate.’’.

20 SEC. 147. REPORT ON CLASSIFICATION OF SENIOR FOR21 EIGN SERVICE POSITIONS.

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

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

24 of the United States shall conduct a classification audit

25 of all Senior Foreign Service positions in Washington, Dis26 trict of Columbia, assigned to the Department of State,
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1 the Agency for International Development, and the United

2 States Information Agency and shall review the methods

3 of classification of such positions.

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

5 of enactment of this Act, the Comptroller General shall

6 submit a report of such audit and review to the Committee

7 on Foreign Affairs of the House of Representatives and

8 the Committee on Foreign Relations of the Senate.

9 SEC. 148. LIMITATION ON NUMBER OF LIMITED CAREER

10 EXTENSIONS.

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

12 (22 U.S.C. 4007(b)) is amended by adding at the end ‘‘Ef13 fective September 30, 1995, the number of members of

14 the Senior Foreign Service serving under such limited ca15 reer extensions may not exceed 25 percent of the total

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

17 under a limited extension.’’.

18 SEC. 149. AMENDMENTS TO TITLE 5.

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

20 Section 5924(4)(A) of title 5, United States Code, is

21 amended by inserting after the first sentence the follow22 ing: ‘‘When travel from school to post is infeasible, travel

23 may be allowed between the school attended and the home

24 of a designated relative or family friend or to join a parent
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1 at any location, with the allowable travel expense not to

2 exceed the cost of travel between the school and post.’’.

3 (b) EDUCATIONAL TRAVEL FOR COLLEGE STUDENTS

4 STUDYING ABROAD.—Section 5924(4)(B) of title 5, Unit5 ed States Code, is amended in the first sentence after ‘‘in

6 the United States’’ by inserting ‘‘(or to and from a school

7 outside the United States if the dependent is attending

8 that school for less than one year under a program ap9 proved by the school in the United States at which the

10 dependent is enrolled)’’.

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

12 SERVICE ACT.

13 (a) GRIEVANCE BOARD PROCEDURES.—Section 1106

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

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

16 ‘‘until the Board has ruled upon the grievance.’’ and in17 serting ‘‘for up to one year, or until the Board has ruled

18 upon the grievance, whichever period is shorter. The

19 Board shall extend the one-year limit and the Department

20 shall continue to suspend such action, if the Board deter21 mines that the agency or the Board is responsible for the

22 delay in the resolution of the grievance.’’.

23 (b) TIME LIMITATION ON REQUESTS FOR JUDICIAL

24 REVIEW.—Section 1110 of the Foreign Service Act of

25 1980 (22 U.S.C. 4140) is amended in the first sentence
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1 by inserting before the period ‘‘, if the request for judicial

2 review is filed not later than 180 days after the final ac3 tion of the Secretary or the Board (or in the case of an

4 aggrieved party who is posted abroad at the time of the

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

6 for judicial review is filed not later than 180 days after

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

8 PART E—INTERNATIONAL ORGANIZATIONS

9 SEC. 161. INTERNATIONAL ATOMIC ENERGY AGENCY SAFE10 GUARDS.

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

12 secure improvements in the effectiveness of International

13 Atomic Energy Agency safeguards.

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

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

16 Atomic Energy Agency;

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

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

19 defined by Article IX(3) of the Treaty on the Non20 Proliferation of Nuclear Weapons, signed at Wash21 ington, London, and Moscow on July 1, 1968;

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

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

24 Treaty; and
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1 (4) the term ‘‘special fissionable material’’ has

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

3 the Statute of the International Atomic Energy

4 Agency, done at the Headquarters of the United Na5 tions on October 26, 1956.

6 (c) REFORMS IN IAEA SAFEGUARDS.—The Presi7 dent should direct the United States representatives to the

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

9 implementation of the safeguards responsibilities of the

10 IAEA, including the following:

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

12 within any non-nuclear-weapon state which has ac13 cepted full-scope safeguards, nuclear facilities,

14 whether or not declared by that state, that are capa15 ble of producing, processing, or fabricating special

16 fissionable material suitable for use in a nuclear ex17 plosive device.

18 (2) Increasing the transparency of international

19 nuclear commerce.

20 (3) Examining the feasibility of increasing the

21 scope of safeguards for members who have accepted

22 full-scope safeguards to include all activities and fa23 cilities which could significantly contribute to the ac24 quisition or production of nuclear explosive devices.
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1 (4) Improving the access of the IAEA to infor2 mation about the nuclear activities of member states

3 of the IAEA.

4 (5) Examining the practicality and advisability

5 of the IAEA conducting less frequent inspections at

6 nuclear facilities in member states which—

7 (A) provide advance consent for the IAEA

8 to conduct unrestricted, short notice inspections

9 of any facility, whether or not declared by the

10 state;

11 (B) provide early notification of construc12 tion of new facilities and modifications to exist13 ing facilities and the early submission of design

14 information regarding such new or modified fa15 cilities; and

16 (C) accept any inspectors of the IAEA who

17 are approved by the Board of Governors of the

18 IAEA, agree not to limit the number of such in19 spectors, and waive visa requirements for such

20 inspectors.

21 (d) REPORTING REQUIREMENT.—The President

22 shall, in the report required by section 601(a) of the Nu23 clear Non-Proliferation Act of 1978, describe—
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1 (1) the steps he has taken and plans to take to

2 implement each of the objectives set forth in sub3 section (c);

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

5 obstacles that have been encountered in seeking to

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

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

8 take to strengthen the implementation of IAEA safe9 guards;

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

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

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

13 strengthen the implementation of IAEA safeguards.

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

15 date of the enactment of this Act, the President shall sub16 mit to the Congress a report assessing what additional

17 funds are required for the IAEA to implement the objec18 tives set forth in subsection (c) and what funds the United

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

20 fiscal years.

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

22 FOREIGN EMPLOYEES OF PUBLIC INTER23 NATIONAL ORGANIZATIONS.

24 The President is hereby authorized to bring into force

25 for the United States the Agreement on State and Local
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1 Taxation of Foreign Employees of Public International

2 Organizations, which was signed by the United States on

3 April 21, 1992.

4 SEC. 163. REFORM IN BUDGET DECISIONMAKING PROCE5 DURES OF THE UNITED NATIONS AND ITS

6 SPECIALIZED AGENCIES.

7 (a) ASSESSED CONTRIBUTIONS.—For assessed con8 tributions authorized to be appropriated by section 103

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

10 funds appropriated for the United States assessed con11 tribution to the United Nations or to any of its specialized

12 agencies for any calendar year if the Secretary of State

13 determines that the United Nations or any such agency

14 has failed to implement or to continue to implement con15 sensus-based decisionmaking procedures on budgetary

16 matters which assure that sufficient attention is paid to

17 the views of the United States and other member states

18 who are major financial contributors to such assessed

19 budgets.

20 (b) NOTICE TO CONGRESS.—The President shall no21 tify the Congress when a decision is made to withhold any

22 share of the United States assessed contribution to the

23 United Nations or its specialized agencies pursuant to

24 subsection (a) and shall notify the Congress when the deci25 sion is made to pay any previously withheld assessed con-
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1 tribution. A notification under this subsection shall include

2 appropriate consultation between the President (or his

3 representative) and the Committee on Foreign Affairs of

4 the House of Representatives and the Committee on For5 eign Relations of the Senate.

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

7 the availability of appropriations, payment of assessed

8 contributions for prior years may be made to the United

9 Nations or any of its specialized agencies notwithstanding

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

11 Relations Authorization Act, Fiscal Years 1990 and 1991

12 (Public Law 101–246) and section 143 of the Foreign Re13 lations Authorization Act, Fiscal Years 1986 and 1987

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

15 States interests in that organization.

16 SEC. 164. INTERNATIONAL BOUNDARY AND WATER COM17 MISSION.

18 (a) AUTHORIZATION TO RECEIVE PAYMENTS.—Sec19 tion 2 of the American-Mexican Chamizal Convention Act

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

21 amended—

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

23 (2) by adding at the end the following new sub24 sections:
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1 ‘‘(b) The United States Commissioner is authorized

2 to receive payments of money from public or private

3 sources in the United States or Mexico made for the pur4 pose of sharing in the cost of replacement of the Bridge

5 of the Americas which crosses the Rio Grande between El

6 Paso, Texas, and Cd. Juarez, Chihuahua. Notwithstand7 ing any other provision of law, such payments of money

8 shall be credited to any appropriation to the Commission

9 which is currently available. Funds received under this

10 subsection shall be available only for the replacement of

11 such bridge.

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

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

14 advance in appropriation Acts.’’.

15 (b) EXPENDITURES FOR WATER POLLUTION PROB16 LEMS.—Title I of the Act of June 20, 1956 (70 Stat. 302,

17 22 U.S.C. 277d–12), is amended in the fourth undesig18 nated paragraph under the heading ‘‘INTERNATIONAL

19 BOUNDARY AND WATER COMMISSION, UNITED STATES

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

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

22 or other streams running across or near the boundary, and

23 for taking emergency actions to protect against health

24 threatening surface and ground water pollution problems

25 along the United States-Mexico boundary’’.
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1 (c) FALCON AND AMISTAD DAMS MAINTENANCE

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

3 255, as amended by the Act of December 23, 1963, 77

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

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

6 and Amistad Operating and Maintenance Fund’ (herein7 after referred to as the ‘Maintenance Fund’), shall be cre8 ated in the Treasury of the United States. The Mainte9 nance Fund shall be administered by the Administrator

10 of the Western Area Power Administration for use by the

11 Commissioner of the United States Section of the Inter12 national Boundary and Water Commission to defray oper13 ation, maintenance, and emergency costs for the hydro14 electric facilities at the Falcon and Amistad Dams.

15 ‘‘(b) All revenues collected in connection with the dis16 position of electric power generated at the Falcon and

17 Amistad Dams, except those revenues paid pursuant to

18 subsection (d) to the general fund of the Treasury of the

19 United States, shall be credited to the Maintenance Fund

20 and shall remain available until expended for defraying op21 eration, maintenance, and emergency costs for the hydro22 electric facilities at the dams.

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

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

25 advance in appropriation Acts.
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1 ‘‘(d) Revenues in the Maintenance Fund in excess of

2 operation, maintenance, and emergency needs shall be

3 paid annually to the general fund of the Treasury of the

4 United States to return the costs of replacements and the

5 original investments, with interest.

6 ‘‘(e) All moneys received from the Government of

7 Mexico for any energy which might be delivered to that

8 Government by the United States Section of the Inter9 national Boundary and Water Commission pursuant to

10 any special agreement concluded in accordance with Arti11 cle 19 of the said Treaty shall be credited to the General

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

13 SEC. 165. UNITED STATES MEMBERSHIP IN THE ASIAN-PA14 CIFIC ECONOMIC COOPERATION ORGANIZA15 TION.

16 (a) UNITED STATES MEMBERSHIP.—The President

17 is authorized to maintain membership of the United States

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

19 (b) PAYMENT OF ASSESSED CONTRIBUTIONS.—For

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

21 United States assessed contributions to APEC may be

22 paid from funds appropriated for ‘‘Contributions to Inter23 national Organizations’’.
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1 SEC. 166. LIMITATION ON CONTRIBUTIONS TO THE UNITED

2 NATIONS AND AFFILIATED ORGANIZATIONS.

3 The United States shall not make any voluntary or

4 assessed contribution—

5 (1) to any affiliated organization of the United

6 Nations which grants full membership as a state to

7 any organization or group that does not have the

8 internationally recognized attributes of statehood, or

9 (2) to the United Nations, if the United Na10 tions grants full membership as a state in the Unit11 ed Nations to any organization or group that does

12 not have the internationally recognized attributes of

13 statehood,

14 during any period in which such membership is effective.

15 SEC. 167. INTERNATIONAL PEACEKEEPING REFORM.

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

17 (1) at the beginning of 1993, there were 13

18 United Nations international peacekeeping oper19 ations in existence, 9 of which were established since

20 1990;

21 (2) in 1987 the United Nations spent

22 $233,000,000 on all international peacekeeping op23 erations, compared to $3,800,000,000 budgeted for

24 this function in 1993;

25 (3) while the United States is currently as26 sessed 25 percent of the regular budget of the Unit-
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1 ed Nations and its specialized agencies, the United

2 States had, until 1993, been assessed 30.4 percent

3 for the United Nations peacekeeping operations;

4 (4) by early 1993, the United Nations unilater5 ally increased the United States assessed level for

6 international peacekeeping operations to 31.7 per7 cent to compensate for the breakup of the former

8 Soviet Union;

9 (5) the United States’ share of the United Na10 tions international peacekeeping assessments is sig11 nificantly higher than that of any other member

12 state, regardless of economic strength, location, or

13 potential to benefit from specific peacekeeping mis14 sions;

15 (6) the United States Government faces a pro16 tected period of serious fiscal constraint, particularly

17 in its international affairs budget;

18 (7) there is growing concern in the Congress

19 over the potential for excessive reliance on United

20 Nations international peacekeeping operations for

21 the resolution of local and regional conflicts, includ22 ing concern over the continued viability of existing

23 United Nations peacekeeping operations that have

24 become permanent fixtures in local disputes rather
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1 than serving to bring such disputes to resolution;

2 and

3 (8) for fiscal year 1994, the executive branch

4 has requested the creation of a United States Peace5 keeping Emergency Fund to increase the ability of

6 the United States to respond quickly to unforseen

7 peacekeeping emergencies.

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

9 Congress that—

10 (1) the United States should seek to negotiate

11 a reduction of its assessed share for any inter12 national peackeeping operation to its current share

13 of the regular assessed budget for the international

14 organization or entity with jurisdiction over that op15 eration;

16 (2) all United States military assistance,

17 logistical support and in-kind contributions for an

18 international peacekeeping operation should either

19 be fully counted toward the United States assess20 ment for that operation or should be fully reim21 bursed; and

22 (3) regional countries or groups of countries

23 that would receive disproportionate benefit from the

24 establishment of an international operation should
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1 voluntarily provide a higher proportionate share of

2 the costs of that peacekeeping operation.

3 (c) RESTRICTIONS ON THE USE OF FUNDS IN THE

4 ASSESSED CONTRIBUTIONS FOR INTERNATIONAL PEACE5 KEEPING ACTIVITIES ACCOUNT.—Notwithstanding any

6 other provision of law, funds authorized under this Act

7 to be appropriated to the Contributions for International

8 Peacekeeping Activities Account at the Department of

9 State may not be made available for the payment of as10 sessed contributions to United Nations international

11 peacekeeping operations in excess of 30.4 percent of the

12 cost of such operations.

13 PART F—MISCELLANEOUS PROVISIONS

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

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

16 following declarations:

17 (1) The State Department should designate

18 within the appropriate bureau a special assistant to

19 the Assistant Secretary to promote international

20 women’s human rights within the overall human

21 rights policy of the United States Government.

22 (2) The purpose of assigning a special assistant

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

24 such issues, but rather to assure that they are con-
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1 sidered along with other human rights issues in the

2 development of United States foreign policy.

3 (3) A specifically designated special assistant is

4 necessary because within the human rights field and

5 the foreign policy establishment, the issues of gen6 der-based discrimination and violence against women

7 have long been ignored or made invisible.

8 (4) The Congress believes that abuses against

9 women would have greater visibility and protection

10 of women’s human rights would improve if the advo11 cate were responsible for integrating women’s

12 human rights issues into United States human

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

14 the following:

15 (A) The designated women’s human rights

16 advocate would seek to assure that the issue of

17 abuses against women, along with human rights

18 issues generally, are a factor in determining ap19 propriate recipients for United States bilateral

20 assistance as well as United States votes at the

21 multilateral development banks.

22 (B) The advocate would work with the re23 gional bureaus of the Department of State to

24 devise strategies for the executive branch to

25 bring pressure to bear on governments that en-
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1 gage in violence or systematic discrimination

2 against women or fail to afford equal treatment

3 of women before the law.

4 (C) The advocate would, in consultation

5 with the bureau responsible for international or6 ganizations, pursue strategies to increase the

7 visibility and integration of gender-based perse8 cution and violence in multilateral fora includ9 ing, but not limited to, the United States Com10 mission on Human Rights and the Working

11 Group on Torture.

12 (D) The advocate would seek to assure

13 that the United States Trade Representative

14 conduct inquiries and take steps to prevent

15 countries from receiving trade benefits under

16 the Generalized System of Preferences and

17 most favored nation status where governments

18 fail to address violence, systematic discrimina19 tion, and exploitation of women workers.

20 (E) The advocate would seek to assure

21 that the protection of women’s human rights,

22 including womens’ participation in the political

23 process, women’s right to freedom of associa24 tion and expression, and freedom from discrimi25 nation, would be addressed in the context of
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1 United States funded programs in the area of

2 democracy including, but not limited to, democ3 racy programs at the Agency for International

4 Development, democracy programs for Eastern

5 Europe funded by the Support for East Euro6 pean Democracy (SEED) Act of 1989, and new

7 programs that may be contemplated.

8 (F) The advocate would seek to assure

9 that United States assistance programs in the

10 area of administration of justice include efforts

11 to redress violations of women’s rights.

12 (G) The advocate would work with the

13 Agency for International Development and the

14 appropriate office at the Department of State

15 to secure funding for programs to meet the

16 needs of women victims of human rights abuses

17 including, but not limited to, medical and psy18 chological assistance for rape victims.

19 (H) The advocate would work to assure

20 United States ratification of the United Nations

21 Convention on the Elimination of All Forms of

22 Discrimination Against Women (CEDAW) and

23 oversee the preparation of reports pursuant to

24 that Convention.
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1 (I) The advocate would seek to upgrade

2 the quality and quantity of information about

3 abuses of women’s human rights in the report4 ing from United States embassies overseas, in5 corporate that information not only in the State

6 Department Country Reports on Human

7 Rights, but also in other public statements and

8 documents including, but not limited to, con9 gressional testimony and private demarches.

10 (b) CONGRESSIONAL NOTIFICATION.—

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

12 enactment of this Act, the Secretary of State shall

13 notify the Congress of the steps taken to create the

14 position described in subsection (a) or to otherwise

15 fulfill the objectives detailed in that subsection.

16 (2) If the United Nations Convention on the

17 Elimination of All Forms of Discrimination Against

18 Women (CEDAW) has not been submitted to the

19 Senate for ratification, not more than 90 days after

20 the date of enactment of this Act, the Secretary of

21 State shall notify the Congress, in writing, of the ad22 ministration’s position on the ratification of

23 CEDAW and timetable for submission of CEDAW

24 for congressional consideration and approval.
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1 SEC. 182. PUBLISHING INTERNATIONAL AGREEMENTS.

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

3 amended—

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

5 Secretary of State’’; and

6 (2) by adding at the end the following new sub7 sections:

8 ‘‘(b) The Secretary of State may determine that pub9 lication of certain categories of agreements is not required,

10 if the following criteria are met:

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

12 have been brought into force for the United States

13 after having received Senate advice and consent pur14 suant to section 2(2) of Article II of the Constitu15 tion of the United States;

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

17 insufficient to justify their publication, because (A)

18 as of the date of enactment of the Foreign Relations

19 Authorization Act, Fiscal Years 1994 and 1995, the

20 agreements are no longer in force, (B) the agree21 ments do not create private rights or duties, nor es22 tablish standards intended to govern government ac23 tion in the treatment of private individuals; (C) in

24 view of the limited or specialized nature of the public

25 interest in such agreements, such interest can ade26 quately be satisfied by an alternative means; or (D)
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1 the public disclosure of the text of the agreement

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

3 to the national security of the United States; and

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

5 those in paragraph (2)(D)), including certified cop6 ies where necessary for litigation or similar pur7 poses, will be made available by the Department of

8 State upon request.

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

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

11 SEC. 183. MIGRATION AND REFUGEE AMENDMENTS.

12 (a) MIGRATION AND REFUGEE ASSISTANCE ACT

13 AMENDMENTS.—

14 (1) The Migration and Refugee Assistance Act

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

16 (A) in section 2 by striking ‘‘the Intergov17 ernmental Committee for European Migration’’

18 and inserting ‘‘the International Organization

19 for Migration’’ each place it appears;

20 (B) in section 2(a) by striking ‘‘the Com21 mittee’’ and inserting ‘‘the Organization’’ each

22 place it appears;

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

24 inserting before the period ‘‘, as amended in

25 Geneva, Switzerland, on May 20, 1987’’; and
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1 (D) in section 2(c)(2), by striking

2 ‘‘$50,000,000’’ and inserting ‘‘$100,000,000’’.

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

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

5 SEC. 184. UNITED NATIONS SECURITY COUNCIL MEMBER6 SHIP.

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

8 findings:

9 (1) The effectiveness of the United Nations Se10 curity Council in maintaining international peace

11 and security depends on its being representative of

12 the membership of the United Nations.

13 (2) The requirement of equitable geographic

14 distribution in Article 23 of the United Nations

15 Charter requires that the members of the Security

16 Council of the United Nations be chosen by non17 discriminatory means.

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

19 General Assembly as the sole means for election of

20 the nonpermanent members of the Security Council

21 is inherently discriminatory in the absence of guar22 antees that all member states will have the oppor23 tunity to join a regional group, and has resulted in

24 discrimination against Israel.
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1 (b) SENSE OF CONGRESS.—It is the sense of the

2 Congress that the President should direct the Secretary

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

4 Nations to seek immediate resolution of this problem. The

5 President shall inform the Congress of any progress in re6 solving this situation together with the submission to Con7 gress of the request for funding for the ‘‘Contributions

8 to International Organizations’’ account for the fiscal year

9 1995.

10 SEC. 185. REFORMS IN THE FOOD AND AGRICULTURE OR11 GANIZATION.

12 In light of the longstanding efforts of the United

13 States and the other major donor nations to reform the

14 Food and Agriculture Organization and the findings of the

15 ongoing investigation of the General Accounting Office, it

16 is the sense of the Congress that—

17 (1) the United States should use the oppor18 tunity of the 1993 election of a new Director Gen19 eral of the Food and Agriculture Organization

20 (FAO) to press for long-needed organizational and

21 management reforms; and

22 (2) it should be the policy of the United States

23 to promote the following reforms in the Food and

24 Agriculture Organization:
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1 (A) Decentralization of the administrative

2 structure of FAO, including eliminating redun3 dant or unnecessary headquarters staff, in4 creased responsibilities of regional offices, in5 creased time for consideration of budget issues

6 by member states, and a more meaningful and

7 direct role for member states in the decision8 making process.

9 (B) Reform of the FAO Council, including

10 formation of an executive management commit11 tee to provide oversight of management.

12 (C) Limitation of the term of the Director

13 General and the number of terms which an in14 dividual may serve.

15 (D) Restructuring of the Technical Co16 operation Program (TCP), including reducing

17 the number of nonemergency projects funds

18 through the TCP and establishing procedures

19 to deploy TCP consultants, supplies, and equip20 ment in a timely manner.

21 SEC. 186. INTERPARLIAMENTARY EXCHANGES.

22 (a) AUTHORIZATIONS OF APPROPRIATIONS.—

23 (1) Section 2 of Public Law 86–420 is amend24 ed—
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1 (A) by striking ‘‘$100,000’’ and inserting

2 ‘‘$80,000’’; and

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

4 appears and inserting ‘‘$40,000’’.

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

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

8 ‘‘$70,000’’; and

9 (B) by striking ‘‘$25,000’’ both places it

10 appears and inserting ‘‘$35,000’’.

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

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

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

16 accrues shall be deposited, periodically, in a miscellaneous

17 account of the Treasury.

18 SEC. 187. UNITED STATES POLICY CONCERNING OVERSEAS

19 ASSISTANCE TO REFUGEES AND DISPLACED

20 PERSONS.

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

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

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

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

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

5 through international organizations and nongovernmental

6 voluntary organizations, the Secretary of State shall seek

7 to ensure—

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

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

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

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

16 governments or insurgent groups;

17 (4) full involvement of women refugees in the

18 planning and implementation of (A) the delivery of

19 services and assistance, and (B) the repatriation

20 process;

21 (5) incorporation of maternal and child health

22 needs into refugee health services and education,

23 specifically to include education on and access to

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

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

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

8 efforts promoting self-sufficiency for refugee women,

9 with special emphasis on women heads of household;

10 (8) education for all refugee children, ensuring

11 equal access for girls, and special services and family

12 tracing for unaccompanied refugee minors;

13 (9) the collection of data that clearly enumerate

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

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

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

19 (11) gender-awareness training for program

20 staff of the United Nations High Commissioner for

21 Refugees (UNHCR) and nongovernmental voluntary

22 organizations on implementation of the 1991

23 UNHCR ‘‘Guidelines on the Protection of Refugee

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

2 adopt specific procedures to ensure that all recipients of

3 United States Government refugee and migration assist4 ance funds implement the standards outlined in subsection

5 (a).

6 (c) REQUIREMENTS FOR REFUGEE AND MIGRATION

7 ASSISTANCE.—The Secretary of State, in providing mi8 gration and refugee assistance, should support the protec9 tion efforts set forth under this section by raising at the

10 highest levels of government the issue of abuses against

11 refugee women and children by governments or insurgent

12 groups that engage in, permit, or condone—

13 (1) a pattern of gross violations of internation14 ally recognized human rights, such as torture or

15 cruel, inhumane, or degrading treatment or punish16 ment, prolonged detention without charges, or other

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

18 person;

19 (2) the blockage of humanitarian relief assist20 ance;

21 (3) gender-specific persecution such as system22 atic individual or mass rape, forced pregnancy,

23 forced abortion, enforced prostitution, any form of

24 indecent assault or act of violence against refugee

25 women, girls, and children; or
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1 (4) continuing violations of the integrity of the

2 person against refugee women and children on the

3 part of armed insurgents, local security forces, or

4 camp guards.

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

6 credible reports of abuses under subsection (c), the Sec7 retary of State should immediately investigate such re8 ports through emergency fact-finding missions or other

9 means of investigating such reports and help identify ap10 propriate remedial measures.

11 (e) MULTILATERAL ORGANIZATIONS.—The United

12 States Government shall use its voice and vote in the Unit13 ed Nations and its participation in other multilateral orga14 nizations, to promote policies which seek to protect and

15 address basic human rights and needs of refugee women

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

17 that multilateral organizations fully incorporate the needs

18 of refugee women and children into all elements of refugee

19 assistance programs.

20 (f) SENSE OF CONGRESS ON MULTILATERAL IMPLE21 MENTATION OF THE 1991 UNHCR ‘‘GUIDELINES ON THE

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

23 the Congress that the President should enter into bilateral

24 and multilateral negotiations to encourage other govern25 ments that provide refugee assistance to adopt refugee as-
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1 sistance policies designed to encourage full implementation

2 of the UNHCR’s 1991 ‘‘Guidelines on the Protection of

3 Refugee Women’’.

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

5 (a) BOYCOTT OF ISRAEL.—Section 322 of the For6 eign Relations Authorization Act, Fiscal Years 1992 and

7 1993 (Public Law 102–138) is amended—

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

9 end;

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

11 the semicolon;

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

13 and inserting ‘‘; and’’; and

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

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

16 League primary or secondary boycott of Is17 rael.’’.

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

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

20 State shall submit a report to the Chairman of the Com21 mittee on Foreign Affairs of the House of Representatives

22 and the Chairman of the Committee on Foreign Relations

23 of the Senate concerning steps taken to ensure that the

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

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

2 STATES.

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

5 138) is amended—

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

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

9 (2) by inserting at the end ‘‘Each such report

10 shall provide a detailed list and description of spe11 cific assets.’’.

12 SEC. 190. SENSE OF CONGRESS CONCERNING UNITED

13 STATES CITIZENS VICTIMIZED BY GERMANY

14 DURING WORLD WAR II.

15 (a) CONGRESSIONAL FINDINGS.—The Congress

16 makes the following findings:

17 (1) The national interests of the United States

18 require the presence abroad of United States citi19 zens.

20 (2) Conditions in many parts of the world

21 present dangers to the safety and security of Ameri22 cans abroad.

23 (3) The protection of United States citizens

24 abroad depends on their enjoying full protection

25 against war crimes and crimes against humanity

26 committed by foreign governments.
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1 (4) The conduct of the Government of Germany

2 in using slave labor during the period 1939 to 1945

3 constituted the acts of an outlaw state and an abro4 gation of treaty obligations under the Convention

5 Respecting the Laws and Customs of War on Land

6 (Done at The Hague, 18 October 1907).

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

8 Congress that United States citizens who were victims of

9 war crimes and crimes against humanity committed by the

10 Government of Germany during the period 1939 to 1945

11 should be compensated by the Government of Germany.

12 SEC. 191. TRANSPARENCY IN ARMAMENTS.

13 It is the sense of the Congress that—

14 (1) no sale of any defense article or defense

15 service should be made, no license should be issued

16 for the export of any defense article or defense serv17 ice, and no agreement to transfer in any way any de18 fense article or defense service should be made to

19 any nation that does not fully furnish all pertinent

20 data to the United Nations Register of Conventional

21 Arms pursuant to United Nations General Assembly

22 Resolution 46/36L by the reporting date specified by

23 such register; and

24 (2) if a nation has not submitted the required

25 information by the reporting date of a particular
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1 year, but subsequently submits notification to the

2 United Nations that it intends to provide such infor3 mation at the next reporting date, an agreement

4 may be negotiated with the nation or a license may

5 be issued, but the actual delivery of such defense ar6 ticle or service should not occur until that nation

7 submits such information.

8 SEC. 192. REVITALIZATION OF THE ‘‘PERMANENT FIVE’’

9 PROCESS.

10 (a) CONGRESSIONAL DECLARATIONS.—The Congress

11 makes the following findings and declarations:

12 (1) Talks among the five permanent members

13 of the United Nations Security Council (‘‘Perm-5’’)

14 first established in October 1991 present the best

15 opportunity to negotiate qualitative and quantitative

16 guidelines on conventional arms sales to the develop17 ing world.

18 (2) Reconvening of the ‘‘Perm-5’’ talks is an

19 urgent matter of international security.

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

21 Congress that the President should seek to restart ‘‘Perm22 5’’ talks and should report to the Congress on the progress

23 of such talks and the effects of United States agreements

24 since October 1991 to sell arms to the developing world.
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1 SEC. 193. REPORT ON THE IMPACT OF CONVENTIONAL

2 WEAPONS PROLIFERATION.

3 Section 36(b) of the Arms Export Control Act (22

4 U.S.C. 2776) is amended in paragraph (1) by inserting

5 after the first sentence ‘‘Each certification shall provide

6 an evaluation of the manner in which the proposed sale

7 would meet legitimate defense needs of the foreign country

8 or international organization to which the sale would be

9 made, increase regional tensions or instability, and intro10 duce new or more sophisticated military capabilities into

11 the region.’’.

12 SEC. 194. ESTABLISHMENT OF INDEPENDENT INSPECTORS

13 GENERAL AT INTERNATIONAL ORGANIZA14 TIONS.

15 The Congress makes the following findings and dec16 larations:

17 (1) As a result of the March 1, 1993, report by

18 then United Nations Under Secretary General for

19 Administration and Management, the Honorable

20 Richard Thornburg, concern has been raised about

21 the United Nation’s deficiencies in dealing with

22 fraud, waste, and abuse.

23 (2) It is the sense of the Congress that the

24 President should pay urgent attention to persuading

25 the Secretary General of the United Nations to take

26 immediate steps to implement the recommendations
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1 contained in the March 1, 1993, report, giving

2 prominent attention to the finding that the organiza3 tion urgently needs the establishment of a strong

4 and independent office of inspector general for the

5 purposes of internal program and administrative

6 audit and efficiency review. It is further the sense of

7 the Congress that the reports and findings of an in8 spector general should be fully available to member

9 states.

10 (3) The President should seek to persuade

11 other international organizations of which the Unit12 ed States is a member to establish independent in13 spectors general, where applicable, in addition to

14 other steps to develop effective means to eliminate

15 fraud, waste, and abuse.

16 (4) It is the sense of the Congress that all pro17 gram and administrative audit and efficiency reviews

18 should be fully available to the governing bodies of

19 such organizations.

20 (5) It is the sense of the Congress that the

21 President should include as a condition of new mem22 bership (or renewal of suspended membership) in

23 any major international organization that the inter24 national organization have effective program and ad25 ministrative audits and efficiency reviews which are
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1 provided to member states as expeditiously as pos2 sible after such reports and findings are made.

3 SEC. 195. SENSE OF CONGRESS REGARDING ADHERENCE

4 TO UNITED NATIONS CHARTER.

5 It is the sense of the Congress that—

6 (1) the President should seek an assurance

7 from the Secretary General of the United Nations

8 that the United Nations will comply with Article 100

9 of the United Nations Charter;

10 (2) neither the Secretary General of the United

11 Nations nor his staff should seek or receive instruc12 tions from any government or from any other au13 thority external to the United Nations; and

14 (3) the President should report to Congress

15 when he receives such assurance from the Secretary

16 General of the United Nations.

17 SEC. 196. FOOD AS A HUMAN RIGHT.

18 (a) THE RIGHT TO FOOD AND UNITED STATES FOR19 EIGN POLICY.—

20 (1) IN GENERAL.—The United States shall, in

21 accordance with its international obligations and in

22 keeping with the longstanding humanitarian tradi23 tion of the United States, promote increased respect

24 internationally for the rights to food and to medical

25 care, including the protection of these rights with re-
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1 spect to civilians and noncombatants during times of

2 armed conflict (such as through ensuring safe pas3 sage of relief supplies and access to impartial hu4 manitarian relief organizations providing relief as5 sistance).

6 (2) RESPONSIBILITIES OF ASSISTANT SEC7 RETARY OF STATE.—The responsibilities of the as8 sistant Secretary of State who is responsible for

9 human rights and humanitarian affairs shall include

10 promoting increased respect internationally for the

11 rights to food and to medical care in accordance

12 with paragraph (1).

13 (b) UNITED NATIONS CONVENTION ON THE RIGHT

14 TO FOOD.—It is the sense of the Congress that a major

15 effort should be made to strengthen the right to food in

16 international law to assure the access to all persons to ade17 quate food supplies. Toward that end, the Secretary of

18 State, through the United States Representative to the

19 United Nations, should propose to the United Nations

20 General Assembly that a Declaration and Convention con21 cerning the right to food be adopted and submitted to the

22 countries of the world for ratification.
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1 TITLE II—UNITED STATES INFORMA2 TIONAL, EDUCATIONAL, AND CUL3 TURAL PROGRAMS

4 PART A—AUTHORIZATION OF APPROPRIATIONS

5 SEC. 201. AUTHORIZATION OF APPROPRIATIONS.

6 The following amounts are authorized to be appro7 priated to carry out international information activities,

8 and educational and cultural exchange programs under

9 the United States Information and Educational Exchange

10 Act of 1948, the Mutual Educational and Cultural Ex11 change Act of 1961, Reorganization Plan Number 2 of

12 1977, the Radio Broadcasting to Cuba Act, the Television

13 Broadcasting to Cuba Act, the Board for International

14 Broadcasting Act, the Inspector General Act of 1978, the

15 Center for Cultural and Technical Interchange Between

16 North and South Act, the National Endowment for De17 mocracy Act, and to carry out other authorities in law con18 sistent with such purposes:

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

20 and Expenses’’, $489,854,000 for the fiscal year

21 1994 and $503,362,000 for the fiscal year 1995.

22 (2) EDUCATIONAL AND CULTURAL EXCHANGE

23 PROGRAMS.—

24 (A) FULBRIGHT ACADEMIC EXCHANGE

25 PROGRAMS.—For the ‘‘Fulbright Academic Ex-
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1 change Programs’’, $137,043,000 for the fiscal

2 year 1994 and $140,743,000 for the fiscal year

3 1995.

4 (B) OTHER PROGRAMS.—For ‘‘Hubert H.

5 Humphrey Fellowship Program’’, ‘‘Edmund S.

6 Muskie Fellowship Program’’, ‘‘International

7 Visitors Program’’, ‘‘Israeli-Arab Scholarship

8 Program’’, ‘‘Mike Mansfield Fellowship Pro9 gram’’, ‘‘Claude and Mildred Pepper Scholar10 ship Program of the Washington Workshops

11 Foundation’’, ‘‘Citizen Exchange Programs’’,

12 ‘‘Congress-Bundestag Exchange Program’’,

13 ‘‘Newly Independent States and Eastern Eu14 rope Training’’, ‘‘Institute for Representative

15 Government’’, ‘‘Freedom Support Act Second16 ary School Exchanges’’, ‘‘South Pacific Ex17 changes’’, and ‘‘Arts America’’, $108,482,000

18 for the fiscal year 1994 and $110,731,000 for

19 the fiscal year 1995.

20 (3) BROADCASTING TO CUBA.—For ‘‘Broad21 casting to Cuba’’, $28,351,000 for the fiscal year

22 1994 and $28,362,000 for the fiscal year 1995.

23 (4) INTERNATIONAL BROADCASTING ACTIVI24 TIES.—For ‘‘International Broadcasting Activities’’
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1 under part B, $606,790,000 for the fiscal year

2 1994, and $717,790,000 for the fiscal year 1995.

3 (5) OFFICE OF THE INSPECTOR GENERAL.—

4 For ‘‘Office of the Inspector General’’, $4,390,000

5 for the fiscal year 1994 and $4,396,000 for the fis6 cal year 1995.

7 (6) CENTER FOR CULTURAL AND TECHNICAL

8 INTERCHANGE BETWEEN EAST AND WEST.—For

9 ‘‘Center for Cultural and Technical Interchange be10 tween East and West’’, $23,000,000 for the fiscal

11 year 1994 and $23,621,000 for the fiscal year 1995.

12 (7) AMERICAN STUDIES COLLECTIONS.—To the

13 Bureau of Educational and Cultural Affairs of the

14 United States Information Agency—

15 (A) $1,650,000 for the fiscal year 1994

16 and $1,950,000 for the fiscal year 1995 to fund

17 the endowment authorized to be established

18 under section 239; and

19 (B) in addition to such amounts under

20 subparagraph (A), $450,000 for each of the fis21 cal years 1994 and 1995 to carry out section

22 239.
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1 PART B—INTERNATIONAL BROADCASTING

2 AUTHORITIES AND ACTIVITIES

3 SEC. 211. SHORT TITLE.

4 This part may be cited as the ‘‘International Broad5 casting Act of 1993’’.

6 SEC. 212. FINDINGS AND DECLARATIONS.

7 The Congress makes the following findings and dec8 larations of policy:

9 (1) It is the policy of the United States to pro10 mote the freedom ‘‘to seek, receive and impart infor11 mation and ideas through any media and regardless

12 of frontiers’’, in accordance with article 19 of the

13 Universal Declaration of Human Rights.

14 (2) Open communication among the peoples of

15 the world is in the interests of the United States.

16 (3) It is in the interests of the United States

17 to support broadcasting to other nations consistent

18 with the requirements of this Act.

19 SEC. 213. STANDARDS.

20 International broadcasting supported by United

21 States Government funds shall—

22 (1) be consistent with the broad foreign policy

23 objectives of the United States;

24 (2) be consistent with the international tele25 communications policies and treaty obligations of the

26 United States;
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1 (3) complement the activities of private United

2 States broadcasters;

3 (4) complement the activities of government

4 supported broadcasting entities of other democratic

5 nations;

6 (5) be conducted in accordance with the highest

7 professional standards of broadcast journalism;

8 (6) be based on reliable information about its

9 potential audience; and

10 (7) be designed so as to effectively reach a sig11 nificant audience.

12 SEC. 214. FUNCTIONS.

13 United States international broadcasting shall in14 clude—

15 (1) news which is consistently reliable and au16 thoritative, accurate, objective, and comprehensive;

17 (2) a balanced and comprehensive projection of

18 American thought and institutions, reflecting the di19 versity of American culture and society;

20 (3) clear and effective presentation of the poli21 cies of the United States Government and respon22 sible discussion and opinion on those policies;

23 (4) programming to meet needs which remain

24 unserved by the totality of media voices available to

25 the people of certain nations;
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1 (5) a source of information about developments

2 in each significant region of the world;

3 (6) a forum for a variety of opinions and voices

4 from within particular nations and regions prevented

5 by censorship or repression from speaking to their

6 fellow countrymen;

7 (7) reliable research capacity to meet the cri8 teria under this section;

9 (8) adequate transmitter and relay capacity to

10 support the activities described in this section;

11 (9) a source of information about developments

12 in Asia and a forum for a variety of opinions and

13 voices from within Asian nations whose people do

14 not enjoy freedom of expression; and

15 (10) training and technical support for inde16 pendent indigenous media through government agen17 cies or private United States entities.

18 SEC. 215. ADMINISTRATION.

19 (a) AUTHORITY OF PRESIDENT.—The President may

20 assign responsibility for any of the functions of United

21 States Government supported international broadcasting

22 to any agency of the United States Government. The

23 President may authorize any public or private entity to

24 carry out the functions described in paragraphs (4), (5),

25 (6), (7), (8), and (9) of section 214(b).
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1 (b) GRANTS.—The President and any agency of the

2 United States Government is authorized to make grants

3 to RFE/RL Incorporated or any other public or private

4 entity in order to carry out the functions of paragraphs

5 (4), (5), (6), (7), (8), and (9) of section 214(b). In exercis6 ing oversight responsibilities pursuant to any such grant,

7 an agency shall consider the necessity of maintaining the

8 professional independence and integrity of the grantee in

9 carrying out such functions.

10 SEC. 216. USIA SATELLITE AND TELEVISION.

11 The President is authorized to delegate any of the

12 authorities and duties under section 505 of the United

13 States Information and Educational Exchange Act of

14 1948 (22 U.S.C. 1464a) to any agency of the United

15 States Government.

16 SEC. 217. ISRAEL RELAY STATION.

17 Section 301(c) of the Foreign Relations Authoriza18 tion Act, Fiscal Years 1990 and 1991, is repealed.

19 SEC. 218. REQUIREMENT FOR AUTHORIZATION OF APPRO20 PRIATIONS.

21 (a) LIMITATION ON OBLIGATION AND EXPENDITURE

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

23 for the fiscal year 1994 and for each subsequent fiscal

24 year, any funds appropriated for the purposes of this part

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

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

5 (b) SUBSEQUENT AUTHORIZATION.—The limitation

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

7 authorization of appropriations is enacted after such funds

8 are appropriated.

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

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

12 supersedes the provisions of this section; and

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

14 permanent appropriations, trust funds, and other

15 similar accounts which are authorized by law and

16 administered under or pursuant to this part.

17 SEC. 219. REPORT ON ADVERTISING.

18 Not later than one year after the date of enactment

19 of this Act, each agency of the United States Government

20 which carries out international broadcasting supported by

21 United States Government funding shall prepare and sub22 mit a report to the Congress concerning efforts to sell ad23 vertising. Each such report shall include information with

24 respect to the amount of advertising which has been sold,
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1 the revenue generated by the sale of advertising, and an

2 evaluation of the potential for sales of advertising.

3 PART C—USIA AND RELATED AGENCIES

4 AUTHORITIES AND ACTIVITIES

5 SEC. 231. CHANGES IN ADMINISTRATIVE AUTHORITIES.

6 Section 801 of the United States Informational and

7 Educational Exchange Act of 1948 (22 U.S.C. 1471) is

8 amended—

9 (1) in paragraph (5) by striking ‘‘and’’ after

10 the semicolon;

11 (2) in paragraph (6) by striking the period at

12 the end and inserting ‘‘; and’’; and

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

14 ‘‘(7) notwithstanding any other provision of

15 law, to carry out projects involving security con16 struction and related improvements for Agency fa17 cilities not physically located together with Depart18 ment of State facilities abroad.’’.

19 SEC. 232. EMPLOYMENT AUTHORITY.

20 Section 804(6) of the United States Information and

21 Educational Exchange Act of 1948 (22 U.S.C. 1474(6))

22 is amended to read as follows:

23 ‘‘(6) employ individuals or organizations by con24 tract for services to be performed in the United

25 States or abroad, who shall not, by virtue of such
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1 employment, be considered to be employees of the

2 United States Government for the purposes of any

3 law administered by the Office of Personnel Manage4 ment, except that the Director may determine the

5 applicability to such individuals of paragraph (5) of

6 this section;’’.

7 SEC. 233. BUYING POWER MAINTENANCE ACCOUNT.

8 Section 704 of the United States Information and

9 Educational Exchange Act of 1948 (22 U.S.C. 1477(b))

10 is amended—

11 (1) by inserting ‘‘(1)’’ after ‘‘(c)’’;

12 (2) by striking ‘‘(1) the’’ and inserting ‘‘(A)’’;

13 (3) by striking ‘‘(2)’’ and inserting ‘‘(B)’’; and

14 (4) by adding at the end the following new

15 paragraphs:

16 ‘‘(2) In carrying out this subsection, there may be

17 established a Buying Power Maintenance account.

18 ‘‘(3) In order to eliminate substantial gains to the

19 approved levels of overseas operations for the United

20 States Information Agency, the Director shall transfer to

21 the Buying Power Maintenance account such amounts in

22 the Salaries and Expenses appropriations as the Director

23 determines are excessive to the needs of the approved level

24 of operations under that appropriation account because of
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1 fluctuations in foreign currency exchange rates or changes

2 in overseas wages and prices.

3 ‘‘(4) In order to offset adverse fluctuations in foreign

4 currency exchange rates or foreign wages and prices, the

5 Director may transfer from the Buying Power Mainte6 nance account to the Salaries and Expenses appropriation

7 such amounts as the Director determines are necessary

8 to maintain the approved level of operations under that

9 appropriation account.

10 ‘‘(5) Funds transferred by the Director from the

11 Buying Power Maintenance account to another account

12 shall be merged with and be available for the same pur13 pose, and for the same time period, as the funds in that

14 other account. Funds transferred by the Director from an15 other account to the Buying Power Maintenance account

16 shall be merged with the funds in the Buying Power Main17 tenance account and shall be available for the purposes

18 of that account until expended.

19 ‘‘(6) Any restriction contained in an appropriation

20 Act or other provision of law limiting the amounts avail21 able for the United States Information Agency that may

22 be obligated or expended shall be deemed to be adjusted

23 to the extent necessary to offset the net effect of fluctua24 tions in foreign currency exchange rates or overseas wage

25 and price changes in order to maintain approved levels.
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1 ‘‘(7)(A) Subject to the limitations contained in this

2 paragraph, not later than the end of the 5th fiscal year

3 after the fiscal year for which funds are appropriated or

4 otherwise made available for the Salaries and Expenses

5 account, the Director may transfer any unobligated bal6 ance of such funds to the Buying Power Maintenance ac7 count.

8 ‘‘(B) The balance of the Buying Power Maintenance

9 account may not exceed $50,000,000 as a result of any

10 transfer under this paragraph.

11 ‘‘(C) Any transfer pursuant to this paragraph shall

12 be treated as a reprogramming of funds under section 705

13 and shall be available for obligation or expenditure only

14 in accordance with the procedures under such section.

15 ‘‘(D) The authorities contained in this section may

16 only be exercised to such an extent and in such amounts

17 as specifically provided in advance in appropriation Acts.’’.

18 SEC. 234. CONTRACT AUTHORITY.

19 Section 802(b) of the United States Information and

20 Educational Exchange Act of 1948 (22 U.S.C. 1472(b))

21 is amended by adding at the end the following:

22 ‘‘(4)(A) Notwithstanding the other provisions of this

23 subsection, the United States Information Agency is au24 thorized to enter into contracts for periods not to exceed
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1 7 years for circuit capacity to distribute radio and tele2 vision programs.

3 ‘‘(B) The authority of this paragraph may be exer4 cised for a fiscal year only to such extent or in such

5 amounts as are provided in advance in appropriations

6 Acts.’’.

7 SEC. 235. APPROPRIATIONS AUTHORITIES.

8 Subsection (f) of section 701 of the United States In9 formation and Educational Exchange Act of 1948 (22

10 U.S.C. 1476(f)) is amended—

11 (1) in paragraph (1)—

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

13 ‘‘either’’; and

14 (B) by striking ‘‘such second’’ and insert15 ing ‘‘such’’; and

16 (2) by striking paragraph (4).

17 SEC. 236. TECHNICAL AMENDMENT.

18 Section 105 of Public Law 87–256 is amended by

19 striking out subsection (a).

20 SEC. 237. SEPARATE LEDGER ACCOUNTS FOR NED GRANT21 EES.

22 Section 504(h)(1) of the National Endowment for

23 Democracy Act (22 U.S.C. 4413(h)(1)) is amended by

24 striking ‘‘accounts’’ and inserting ‘‘bank accounts or sepa25 rate self-balancing ledger accounts’’.
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1 SEC. 238. AMERICAN STUDIES COLLECTIONS.

2 (a) AUTHORITY.—In order to promote a thorough

3 understanding of the United States among emerging elites

4 abroad, the Director of the United States Information

5 Agency is authorized to establish and support collections

6 at appropriate university libraries abroad to further the

7 study of the United States, and to enter into agreements

8 with such universities for such purposes.

9 (b) DESIGN AND DEVELOPMENT.—Such collec10 tions—

11 (1) shall be developed in consultation with Unit12 ed States associations and organizations of scholars

13 in the principal academic disciplines in which Amer14 ican studies are conducted; and

15 (2) shall be designed primarily to meet the

16 needs of undergraduate and graduate students of

17 American studies.

18 (c) SITE SELECTION.—In selecting universities

19 abroad as sites for such collections, the Director shall—

20 (1) ensure that such universities are able, with21 in a reasonable period of the establishment of such

22 collections, to assume responsibility for their mainte23 nance in current form;

24 (2) ensure that undergraduate and graduate

25 students shall enjoy reasonable access to such collec26 tions; and
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1 (3) include in any agreement entered into be2 tween the United States Information Agency and a

3 university abroad, terms embodying a contractual

4 commitment of such maintenance and access under

5 this subsection.

6 (d) FUNDING.—

7 (1) The Director of the United States Informa8 tion Agency is authorized to establish an endowment

9 fund (hereafter in this section referred to as the

10 ‘‘fund’’) to carry out the purposes of this section

11 and to enter into such agreements as may be nec12 essary to carry out the purposes of this section.

13 (2)(A) The Director shall make deposits to the

14 fund of amounts appropriated to the fund under sec15 tion 201.

16 (B) The Director is authorized to accept, use,

17 and dispose of gifts of donations of services or prop18 erty to carry out this section. Sums of money do19 nated to carry out the purposes of this section shall

20 be deposited into the fund.

21 (3) The corpus of the fund shall be invested in

22 Federally-insured bank savings accounts or com23 parable interest-bearing accounts, certificates of de24 posit, money market funds, obligations of the United

25 States, or other low-risk instruments and securities.
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1 (4) The Director may withdraw or expend

2 amounts from the fund for any expenses necessary

3 to carry out the purposes of this section.

4 SEC. 239. SOUTH PACIFIC EXCHANGE PROGRAMS.

5 (a) AUTHORIZED PROGRAMS.—The Director of the

6 United States Information Agency is authorized to award

7 academic scholarships to qualified students from the sov8 ereign nations of the South Pacific region to pursue un9 dergraduate and postgraduate study at institutions of

10 higher education in the United States; to make grants to

11 accomplished United States scholars and experts to pursue

12 research, to teach, or to offer training in such nations;

13 and to make grants for youth exchanges.

14 (b) LIMITATION.—Grants awarded to United States

15 scholars and experts may not exceed 10 percent of the

16 total funds awarded for any fiscal year for programs under

17 this section.

18 SEC. 240. COORDINATION OF UNITED STATES EXCHANGE

19 PROGRAMS.

20 Section 112 of the Mutual Educational and Cultural

21 Exchange Act of 1961 (22 U.S.C. 2460) is amended by

22 adding at the end the following:

23 ‘‘(f) The President shall ensure that all exchange pro24 grams conducted by the United States Government, its de25 partments and agencies, directly or through agreements
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1 with other parties, are coordinated through the Bureau

2 to ensure that such exchanges are consistent with United

3 States foreign policy and to avoid duplication of effort.

4 The President shall report annually to the Congress on

5 such coordination. Such report shall include information

6 concerning what exchanges are supported by the United

7 States, the number of exchange participants supported,

8 the types of exchange activities, and the total amount of

9 Federal expenditures for such exchanges.’’.

10 SEC. 241. LIMITATION CONCERNING PARTICIPATION IN

11 INTERNATIONAL EXPOSITIONS.

12 Notwithstanding any other provision of law, the Unit13 ed States Information Agency is not authorized to repro14 gram funds in order to obligate or expend any funds for

15 a United States Government funded pavilion or other

16 major exhibit at any international exposition or world’s

17 fair registered by the Bureau of International Expositions

18 in excess of amounts expressly authorized and appro19 priated for such purpose.

20 SEC. 242. PRIVATE SECTOR OPPORTUNITIES.

21 Section 104(e)(4) of the Mutual Educational and

22 Cultural Exchange Act of 1961 (22 U.S.C. 2454) is

23 amended by inserting before the period ‘‘, and of similar

24 services and opportunities for interchange not supported

25 by the United States Government’’.
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1 SEC. 243. EDUCATIONAL AND CULTURAL EXCHANGES WITH

2 TIBET.

3 The Director of the United States Information Agen4 cy shall establish programs of educational and cultural ex5 change between the United States and the people of Tibet.

6 Such programs shall include opportunities for training

7 and, as the Director considers appropriate, may include

8 the assignment of personnel and resources abroad.

9 SEC. 244. CHANGES IN ADMINISTRATIVE AUTHORITIES.

10 Section 208 of the Foreign Relations Authorization

11 Act, Fiscal Years 1986 and 1987 (22 U.S.C. 1461–1a)

12 is amended by adding at the end the following: ‘‘The provi13 sions of this section shall not prohibit the United States

14 Information Agency from responding to inquiries from

15 members of the public about its operations, policies, or

16 programs.’’.

17 PART D—MIKE MANSFIELD FELLOWSHIPS

18 SEC. 251. SHORT TITLE.

19 This part may be cited as the ‘‘Mike Mansfield Fel20 lowship Act’’.

21 SEC. 252. ESTABLISHMENT OF FELLOWSHIP PROGRAM.

22 (a) ESTABLISHMENT.—(1) There is hereby estab23 lished the ‘‘Mike Mansfield Fellowship Program’’ pursu24 ant to which the Director of the United States Informa25 tion Agency will make grants, subject to the availability

26 of appropriations, to the Mansfield Center for Pacific Af-
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1 fairs to award fellowships to eligible United States citizens

2 for periods of 2 years each (or, pursuant to section

3 253(5)(C), for such shorter period of time as the Center

4 may determine based on a Fellow’s level of proficiency in

5 the Japanese language or knowledge of the political econ6 omy of Japan) as follows:

7 (A) During the first year each fellowship recipi8 ent will study the Japanese language as well as Ja9 pan’s political economy.

10 (B) During the second year each fellowship re11 cipient will serve as a Fellow in a parliamentary of12 fice, ministry, or other agency of the Government of

13 Japan or, subject to the approval of the Center, a

14 nongovernmental Japanese institution associated

15 with the interests of the fellowship recipient, consist16 ent with the purposes of this part.

17 (2) Fellowships under this part may be known as

18 ‘‘Mansfield Fellowships’’, and individuals awarded such

19 fellowships may be known as ‘‘Mansfield Fellows’’.

20 (b) ELIGIBILITY OF CENTER FOR GRANTS.—Grants

21 may be made to the Center under this section only if the

22 Center agrees to comply with the requirements of section

23 253.

24 (c) INTERNATIONAL AGREEMENT.—The Director of

25 the United States Information Agency should enter into
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1 negotiations for an agreement with the Government of

2 Japan for the purpose of placing Mansfield Fellows in the

3 Government of Japan.

4 (d) PRIVATE SOURCES.—The Center is authorized to

5 accept, use, and dispose of gifts or donations of services

6 or property in carrying out the fellowship program, subject

7 to the review and approval of the Board described in sec8 tion 255.

9 SEC. 253. PROGRAM REQUIREMENTS.

10 The program established under this part shall comply

11 with the following requirements:

12 (1) United States citizens who are eligible for

13 fellowships under this part shall be employees of the

14 Federal Government having at least two years expe15 rience in any branch of the Government, a strong

16 career interest in United States-Japan relations, and

17 a demonstrated commitment to further service in the

18 Federal Government.

19 (2) Not less than 10 fellowships shall be award20 ed each year.

21 (3) Mansfield Fellows shall agree—

22 (A) to maintain satisfactory progress in

23 language training and appropriate behavior in

24 Japan, as determined by the Center, as a condi25 tion of continued receipt of Federal funds; and
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1 (B) to return to the Federal Government

2 for further employment for a period of at least

3 2 years following the end of their fellowships,

4 unless, in the determination of the Center, the

5 Fellow is unable (for reasons beyond the Fel6 low’s control and after receiving assistance from

7 the Center as provided in paragraph (8)) to

8 find reemployment for such period.

9 (4) During the period of the fellowship, the

10 Center shall provide each Mansfield Fellow—

11 (A) a stipend at a rate of pay equal to the

12 rate of pay that individual was receiving when

13 he or she entered the program, plus a cost-of14 living adjustment calculated at the same rate of

15 pay, and for the same period of time, for which

16 such adjustments were made to the salaries of

17 individuals occupying competitive positions in

18 the civil service during the same period as the

19 fellowship; and

20 (B) certain allowances and benefits as that

21 individual would have been entitled to, but for

22 his or her separation from Government service,

23 as a United States Government civilian em24 ployee overseas under the Standardized Regula25 tions (Government Civilians, Foreign Areas) of
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1 the Department of State, as follows: a living

2 quarters allowance to cover the cost of housing

3 in Japan, a post allowance to cover the signifi4 cantly higher costs of living in Japan, a tem5 porary quarters subsistence allowance for up to

6 7 days for Fellows unable to find housing im7 mediately upon arrival in Japan, an education

8 allowance to assist parents in providing their

9 children with educational services ordinarily

10 provided without charge by United States pub11 lic schools, moving expenses of up to $3,000 for

12 personal belongings of Fellows and their fami13 lies in their move to Japan and up to $500 for

14 Fellows residing outside the Washington, D.C.

15 area in moving to the Washington, D.C. area,

16 and one-round-trip economy-class airline ticket

17 to Japan for each Fellow and the Fellow’s im18 mediate family.

19 (5)(A) For the first year of each fellowship, the

20 Center shall provide Fellows with intensive Japanese

21 language training in the Washington, D.C., area, as

22 well as courses in the political economy of Japan.

23 (B) Such training shall be of the same quality

24 as training provided to Foreign Service officers be25 fore they are assigned to Japan.
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1 (C) The Center may waive any or all of the

2 training required by subparagraph (A) to the extent

3 that a Fellow has Japanese language skills or knowl4 edge of Japan’s political economy, and the 2 year

5 fellowship period shall be shortened to the extent

6 such training is less than one year.

7 (6) Any Mansfield Fellow not complying with

8 the requirements of this section shall reimburse the

9 United States Information Agency for the Federal

10 funds expended for the Fellow’s participation in the

11 fellowship, together with interest on such funds (cal12 culated at the prevailing rate), as follows:

13 (A) Full reimbursement for noncompliance

14 with paragraph (3)(A) or (9); and

15 (B) pro rata reimbursement for noncompli16 ance with paragraph (3)(B) for any period the

17 Fellow is reemployed by the Federal Govern18 ment that is less than the period specified in

19 paragraph (3)(B), at a rate equal to the

20 amount the Fellow received during the final

21 year of the fellowship for the same period of

22 time, including any allowances and benefits pro23 vided under paragraph (4).

24 (7) The Center shall select Mansfield Fellows

25 based solely on merit. The Center shall make posi-
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1 tive efforts to recruit candidates reflecting the cul2 tural, racial, and ethnic diversity of the United

3 States.

4 (8) The Center shall assist any Mansfield Fel5 low in finding employment in the Federal Govern6 ment if such Fellow was not able, at the end of the

7 fellowship, to be reemployed in the agency from

8 which he or she separated to become a Fellow.

9 (9) No Mansfield Fellow may engage in any in10 telligence or intelligence-related activity on behalf of

11 the United States Government.

12 (10) The accounts of the Center shall be au13 dited annually in accordance with generally accepted

14 auditing standards by independent certified public

15 accountants or independent licensed public account16 ants, certified or licensed by a regulatory authority

17 of a State or other political subdivision of the United

18 States. The audit shall be conducted at the place or

19 places where the accounts of the Center are normally

20 kept. All books, accounts, financial records, files,

21 and other papers, things, and property belonging to

22 or in use by the Center and necessary to facilitate

23 the audit shall be made available to the person or

24 persons conducting the audit, and full facilities for

25 verifying transactions with the balances or securities
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1 held by depositories, fiscal agents, and custodians

2 shall be afforded to such person or persons.

3 (11) The Center shall provide a report of the

4 audit to the Board no later than six months follow5 ing the close of the fiscal year for which the audit

6 is made. The report shall set forth the scope of the

7 audit and include such statements, together with the

8 independent auditor’s opinion of those statements,

9 as are necessary to present fairly the Center’s assets

10 and liabilities, surplus or deficit, with reasonable de11 tail, including a statement of the Center’s income

12 and expenses during the year, including a schedule

13 of all contracts and grants requiring payments in ex14 cess of $5,000 and any payments of compensation,

15 salaries, or fees at a rate in excess of $5,000 per

16 year. The report shall be produced in sufficient cop17 ies for the public.

18 SEC. 254. SEPARATION OF GOVERNMENT PERSONNEL DUR19 ING THE FELLOWSHIPS.

20 (a) SEPARATION.—Under such terms and conditions

21 as the agency head may direct, any agency of the United

22 States Government may separate from Government serv23 ice for a specified period any officer or employee of that

24 agency who accepts a fellowship under the program estab25 lished by this part.
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1 (b) REEMPLOYMENT.—Any Mansfield Fellow, at the

2 end of the fellowship, is entitled to be reemployed in the

3 same manner as if covered by section 3582 of title 5, Unit4 ed States Code.

5 (c) RIGHTS AND BENEFITS.—Notwithstanding sec6 tion 8347(o), 8713, or 8914 of title 5, United States Code,

7 and in accordance with regulations of the Office of Person8 nel Management, an employee, while serving as a Mans9 field Fellow, is entitled to the same rights and benefits

10 as if covered by section 3582 of title 5, United States

11 Code. The Center shall reimburse the employing agency

12 for any costs incurred under section 3582 of title 5, Unit13 ed States Code.

14 (d) COMPLIANCE WITH BUDGET ACT.—Funds are

15 available under this section to the extent and in the

16 amounts provided in appropriation Acts.

17 SEC. 255. MANSFIELD FELLOWSHIP REVIEW BOARD.

18 (a) ESTABLISHMENT.—There is hereby established

19 the Mansfield Fellowship Review Board.

20 (b) COMPOSITION.—The Board shall be composed of

21 11 individuals, as follows:

22 (1) The Secretary of State, or the Secretary’s

23 designee.

24 (2) The Secretary of Defense, or the Sec25 retary’s designee.
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1 (3) The Secretary of the Treasury, or the Sec2 retary’s designee.

3 (4) The Secretary of Commerce, or the Sec4 retary’s designee.

5 (5) The United States Trade Representative, or

6 the Trade Representative’s designee.

7 (6) The Chief Justice of the United States, or

8 the Chief Justice’s designee.

9 (7) The Majority Leader of the Senate, or the

10 Majority Leader’s designee.

11 (8) The Minority Leader of the Senate, or the

12 Minority Leader’s designee.

13 (9) The Speaker of the House of Representa14 tives, or the Speaker’s designee.

15 (10) The Minority Leader of the House of Rep16 resentatives, or the Minority Leader’s designee.

17 (11) The Director of the United States Infor18 mation Agency, who shall serve as the chairperson of

19 the Board, or the Director’s designee.

20 (c) FUNCTIONS.—(1) The Board shall review the ad21 ministration of the program assisted under this part.

22 (2)(A) Each year at the time of the submission of

23 the President’s budget request to the Congress, the Board

24 shall submit to the President and the Congress a report
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1 completed by the Center with the approval of the Board

2 on the conduct of the program during the preceding year.

3 (B) Each such report shall contain—

4 (i) an analysis of the assistance provided under

5 the program for the previous fiscal year and the na6 ture of the assistance provided;

7 (ii) an analysis of the performance of the indi8 viduals who received assistance under the program

9 during the previous fiscal year, including the degree

10 to which assistance was terminated under the pro11 gram and the extent to which individual recipients

12 failed to meet their obligations under the program;

13 and

14 (iii) an analysis of the results of the program

15 for the previous fiscal year, including, at a mini16 mum, the cumulative percentage of individuals who

17 received assistance under the program who subse18 quently became employees of the United States Gov19 ernment and, in the case of individuals who did not

20 subsequently become employees of the United States

21 Government, an analysis of the reasons why they did

22 not become employees and an explanation as to what

23 use, if any, was made of the assistance given to

24 those recipients.
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1 (d) COMPENSATION.—Members of the Board shall

2 not be paid compensation for services performed on the

3 Board.

4 (e) AVAILABILITY OF SUPPORT STAFF.—The Direc5 tor of the United States Information Agency is authorized

6 to provide for necessary secretarial and staff assistance

7 for the Board.

8 (f) RELATIONSHIP TO FEDERAL ADVISORY COMMIT9 TEE ACT.—The Federal Advisory Committee Act shall not

10 apply to the Board to the extent that the provisions of

11 this section are inconsistent with such Act.

12 SEC. 256. DEFINITIONS.

13 For purposes of this part—

14 (1) the term ‘‘agency of the United States Gov15 ernment’’ includes any agency of the legislative

16 branch and any court of the judicial branch as well

17 as any agency of the executive branch;

18 (2) the term ‘‘agency head’’ means—

19 (A) in the case of the executive branch of

20 Government or an agency of the legislative

21 branch other than the House of Representatives

22 or the Senate, the head of the respective agen23 cy;
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1 (B) in the case of the judicial branch of

2 Government, the chief judge of the respective

3 court;

4 (C) in the case of the Senate, the Presi5 dent pro tempore, in consultation with the Ma6 jority Leader and Minority Leader of the Sen7 ate; and

8 (D) in the case of the House of Represent9 atives, the Speaker of the House, in consulta10 tion with the Majority Leader and Minority

11 Leader of the House;

12 (3) the term ‘‘Board’’ means the Mike Mans13 field Fellowship Review Board; and

14 (4) the term ‘‘Center’’ means the Mansfield

15 Center for Pacific Affairs.

16 TITLE III—ARMS CONTROL AND

17 DISARMAMENT AGENCY

18 SEC. 301. PURPOSES.

19 The purposes of this title are—

20 (1) to promote the reinvigoration of the Arms

21 Control and Disarmament Agency;

22 (2) to provide renewed impetus in improving

23 the United States Government’s ability to manage

24 the complex process of negotiating and implementing

25 arms control treaties;
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1 (3) to establish a higher priority for United

2 States nonproliferation policy and activity as part of

3 United States arms control and to stress cooperative

4 leadership and coordination both at the United

5 States Arms Control and Disarmament Agency and

6 the Department of State with all other agencies; and

7 (4) to improve Congressional oversight of the

8 operating budget of the United States Arms Control

9 and Disarmament Agency.

10 SEC. 302. SPECIAL REPRESENTATIVES.

11 (a) IN GENERAL.—Section 27 of the Arms Control

12 and Disarmament Act (22 U.S.C. 2567) is amended to

13 read as follows:

14 ‘‘SEC. 27. SPECIAL REPRESENTATIVES.

15 ‘‘(a) APPOINTMENT.—The President may appoint, by

16 and with the advice and consent of the Senate, Special

17 Representatives of the President for Arms Control and

18 Disarmament in the United States Arms Control and Dis19 armament Agency. Each Presidential Special Representa20 tive shall hold the rank of ambassador.

21 ‘‘(b) DUTIES.—Presidential Special Representatives

22 shall perform their duties and exercise their powers under

23 direction of the President and the Secretary of State act24 ing through the Director.
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1 ‘‘(c) ADMINISTRATIVE SUPPORT.—The Agency shall

2 be the Government agency responsible for providing ad3 ministrative support, including funding, staff, and office

4 space, to all Presidential Special Representatives ap5 pointed under this section.’’.

6 (b) CONFORMING AMENDMENT.—Section 5315 of

7 title 5, United States Code, is amended by striking ‘‘Spe8 cial Representatives for Arms Control and Disarmament

9 Negotiations, United States Arms Control and Disar10 mament Agency (2).’’ and inserting ‘‘Special Representa11 tives of the President for Arms Control and Disar12 mament.’’.

13 SEC. 303. NEGOTIATION MANAGEMENT.

14 Section 34 of the Arms Control and Disarmament

15 Act (22 U.S.C. 2574) is amended to read as follows:

16 ‘‘SEC. 34. NEGOTIATIONS AND RELATED FUNCTIONS

17 ‘‘The Director, acting under the direction of the Sec18 retary of State, shall have primary responsibility for the

19 preparation and management of United States participa20 tion in all international negotiations and implementation

21 forums in the fields of arms control and disarmament. To

22 this end—

23 ‘‘(1) the Director, acting under the direction of

24 the Secretary of State, shall have primary respon-
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1 sibility for the preparation, formulation, and support

2 for all such negotiations and forums; and

3 ‘‘(2) United States Government representatives

4 conducting negotiations or acting pursuant to agree5 ments in the fields of arms control and disarmament

6 shall perform their duties and exercise their powers,

7 under the direction of the President and Secretary

8 of State, acting through the Director, as appro9 priate.’’.

10 SEC. 304. PARTICIPATION OF ACDA DIRECTOR IN CERTAIN

11 DELIBERATIONS.

12 The Arms Export Control Act is amended as follows:

13 (1) Section 38(a)(2) of the Arms Export Con14 trol Act (22 U.S.C. 2778(a)(2)) is amended to read

15 as follows:

16 ‘‘(2) Decisions on issuing export licenses under this

17 section shall be made in coordination with the Director

18 of the United States Arms Control and Disarmament

19 Agency, taking into account the Director’s assessment as

20 to whether the export of an article will contribute to an

21 arms race, aid in the development of weapons of mass de22 struction, support international terrorism, increase the

23 possibility of outbreak or escalation of conflict, or preju24 dice the development of bilateral or multilateral arms con-
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1 trol or nonproliferation agreements or other bilateral ar2 rangements.’’.

3 (2) Section 42(a) of such Act (22 U.S.C.

4 2791(a)) is amended by striking out all that follows

5 ‘‘(3)’’ in the last sentence and inserting the follow6 ing: ‘‘the assessment of the Director of the United

7 States Arms Control and Disarmament Agency as to

8 the extent to which such sale might contribute to an

9 arms race, aid in the development of weapons of

10 mass destruction, support international terrorism,

11 increase the possibility of outbreak or escalation of

12 conflict, or prejudice the development of bilateral or

13 multilateral arms control or nonproliferation agree14 ments or other arrangements.’’.

15 (3) Section 71 of such Act (22 U.S.C. 2797) is

16 amended—

17 (A) in subsection (a) by inserting ‘‘, the

18 Director of the United States Arms Control and

19 Disarmament Agency,’’ after ‘‘Secretary of De20 fense’’;

21 (B) in subsection (b)(1) inserting ‘‘and the

22 Director of the United States Arms Control and

23 Disarmament Agency’’ after ‘‘Secretary of De24 fense’’; and

25 (C) in subsection (b)(2)—
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1 (i) by striking ‘‘and the Secretary of

2 Commerce’’ and inserting ‘‘, the Secretary

3 of Commerce, and the Director of the

4 United States Arms Control and Disar5 mament Agency’’; and

6 (ii) by striking the comma after ‘‘ap7 plicant’’ and all that follows through ‘‘doc8 uments’’.

9 SEC. 305. NOTIFICATION TO CONGRESS OF PROPOSED

10 REPROGRAMMINGS BY ACDA.

11 Title IV of the Arms Control and Disarmament Act

12 is amended by adding at the end the following:

13 ‘‘SEC. 54. REPROGRAMMING OF FUNDS.

14 ‘‘(a) CONGRESSIONAL NOTIFICATION OF CERTAIN

15 REPROGRAMMINGS.—Unless the Committee on Foreign

16 Affairs of the House of Representatives and the Commit17 tee on Foreign Relations of the Senate are notified at least

18 15 days in advance of the proposed reprogramming, funds

19 appropriated to carry out this Act (other than funds to

20 carry out title V) shall not be available for obligation or

21 expenditure through any reprogramming of funds that—

22 ‘‘(1) would create or eliminate a program,

23 project, or activity;

24 ‘‘(2) would increase funds or personnel by any

25 means for any program, project, or activity for
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1 which funds have been denied or restricted by the

2 Congress;

3 ‘‘(3) would relocate an office or employees;

4 ‘‘(4) would reorganize offices, programs,

5 projects, or activities;

6 ‘‘(5) would involve contracting out functions

7 which had been performed by Federal employees; or

8 ‘‘(6) would involve a reprogramming in excess

9 of $1,000,000 or 10 percent (whichever is less) and

10 would—

11 ‘‘(A) augment existing programs, projects,

12 or activities,

13 ‘‘(B) reduce by 10 percent or more the

14 funding for any existing program, project, activ15 ity, or personnel approved by the Congress, or

16 ‘‘(C) result from any general savings from

17 a reduction in personnel that would result in a

18 change in existing programs, activities, or

19 projects approved by the Congress.

20 ‘‘(b) LIMITATION ON END-OF-YEAR

21 REPROGRAMMINGS.—Funds appropriated to carry out

22 this Act (other than funds to carry out title V) shall not

23 be available for obligation or expenditure through any

24 reprogramming described in paragraph (1) during the last

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

2 required by that paragraph was submitted before that 15-

3 day period.’’.

4 SEC. 306. REQUIREMENT OF AUTHORIZATION OF APPRO5 PRIATIONS.

6 ARMS CONTROL AND DISARMAMENT AGENCY.—Title

7 IV of the Arms Control and Disarmament Act is amended

8 by adding at the end the following:

9 ‘‘SEC. 55. REQUIREMENT FOR AUTHORIZATION OF APPRO10 PRIATIONS.

11 ‘‘(a) LIMITATION ON OBLIGATION AND EXPENDI12 TURE OF FUNDS.—Notwithstanding any other provision

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

14 fiscal year, any funds appropriated for the Arms Control

15 and Disarmament Agency shall not be available for obliga16 tion or expenditure—

17 ‘‘(1) unless such funds are appropriated pursu18 ant to an authorization of appropriations; or

19 ‘‘(2) in excess of the authorized level of appro20 priations.

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

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

23 authorization of appropriations is enacted after such funds

24 are appropriated.

25 ‘‘(c) APPLICATION.—The provisions of this section—
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1 ‘‘(1) may not be superseded, except by a provi2 sion of law which specifically repeals, modifies, or

3 supersedes the provisions of this section; and

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

5 permanent appropriations, trust funds, and other

6 similar accounts which are authorized by law and

7 administered by the Arms Control and Disarmament

8 Agency.’’.

9 SEC. 307. APPOINTMENT OF PERSONNEL.

10 Section 41(b) of the Arms Control and Disarmament

11 Act (22 U.S.C. 2581(b)) is amended by striking ‘‘except

12 that during the 2-year’’ and inserting ‘‘except that the Di13 rector may, to the extent he or she deems necessary to

14 the discharge of his or her responsibilities, appoint in the

15 Excepted Service and fix the compensation of employees

16 possessing specialized technical expertise notwithstanding

17 the provisions of title 5, United States Code, governing

18 appointment or compensation of employees of the United

19 States, provided that, an employee who is appointed under

20 this provision may not be paid a salary in excess of the

21 rate payable for positions of equivalent difficulty or re22 sponsibility, and in no event, may be paid at a rate exceed23 ing the maximum rate in effect for level 15 of the General

24 Schedule, and provided further, that the number of em25 ployees appointed under this provision shall not exceed ten
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1 percent of the Agency’s Full Time Equivalent (FTE) ceil2 ing.’’.

Passed the House of Representatives June 22, 1993.

Attest:

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