H. R. 2333
One Hundred Third Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Tuesday,
the twenty-fifth day of January, one thousand nine hundred and ninety-four
An Act
To authorize appropriations for the Department of State, the United States Informa-
tion Agency, and related agencies, and for other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Foreign Relations Authorization
Act, Fiscal Years 1994 and 1995’’.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
TITLE I—DEPARTMENT OF STATE AND RELATED AGENCIES
PART A—AUTHORIZATION OF APPROPRIATIONS
Sec. 101. Administration of foreign affairs.
Sec. 102. International organizations, programs, and conferences.
Sec. 103. International commissions.
Sec. 104. Migration and refugee assistance.
Sec. 105. Other programs.
Sec. 106. United States Arms Control and Disarmament Agency.
PART B—AUTHORITIES AND ACTIVITIES
Sec. 121. Authorized strength of the Foreign Service.
Sec. 122. Transfers and reprogrammings.
Sec. 123. Expenses relating to certain international claims and proceedings.
Sec. 124. Child care facilities at certain posts abroad.
Sec. 125. Emergencies in the diplomatic and consular service.
Sec. 126. Role of the National Foreign Affairs Training Center.
Sec. 127. Consular authorities.
Sec. 128. Report on consolidation of administrative operations.
Sec. 129. Facilitating access to the Department of State building.
Sec. 130. Report on safety and security of United States personnel in Sarajevo.
Sec. 131. Passport security.
Sec. 132. Record of place of birth for Taiwanese-Americans.
Sec. 133. Terrorism rewards and reports.
Sec. 134. Property agreements.
Sec. 135. Capital investment fund.
Sec. 136. Fees for commercial services.
Sec. 137. Personal services contracts abroad.
Sec. 138. Publishing international agreements.
Sec. 139. Repeal of reporting requirements.
Sec. 140. Visas.
Sec. 141. Local guard contracts abroad.
Sec. 142. Women’s human rights protection.
PART C—DEPARTMENT OF STATE ORGANIZATION
Sec. 161. Organization of the Department of State.
Sec. 162. Technical and conforming amendments.
Sec. 163. Director General of the Foreign Service.
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Sec. 164. Administrative expenses.
PART D—PERSONNEL
SUBPART 1—GENERAL PROVISIONS
Sec. 171. Labor-management relations.
Sec. 172. Waiver of limitation for certain claims for personal property damage or
loss.
Sec. 173. Senior Foreign Service performance pay.
Sec. 174. Reassignment and retirement of former presidential appointees.
Sec. 175. Report on classification of Senior Foreign Service positions.
Sec. 176. Allowances.
Sec. 177. Grievances.
Sec. 178. Mid-level women and minority placement program.
Sec. 179. Employment assistance referral system for certain members of the For-
eign Service.
Sec. 180. United States citizens hired abroad.
Sec. 181. Reduction in force authority with regard to certain members of the For-
eign Service.
Sec. 182. Restoration of withheld benefits.
SUBPART 2—FOREIGN LANGUAGE COMPETENCE WITHIN THE FOREIGN SERVICE
Sec. 191. Foreign language competence within the Foreign Service.
Sec. 192. Designation of Foreign Language Resources Coordinator.
Sec. 193. Foreign language services.
TITLE II—UNITED STATES INFORMATIONAL, EDUCATIONAL, AND
CULTURAL PROGRAMS
PART A—AUTHORIZATION OF APPROPRIATIONS
Sec. 201. Authorization of appropriations.
PART B—USIA AND RELATED AGENCIES AUTHORITIES AND ACTIVITIES
Sec. 221. USIA office in Lhasa, Tibet.
Sec. 222. Changes in administrative authorities.
Sec. 223. Employment authority.
Sec. 224. Buying power maintenance account.
Sec. 225. Contract authority.
Sec. 226. United States transmitter in Kuwait.
Sec. 227. Fulbright-Hays Act Authorities.
Sec. 228. Separate ledger accounts for NED grantees.
Sec. 229. Coordination of United States exchange programs.
Sec. 230. Limitation concerning participation in international expositions.
Sec. 231. Private sector opportunities.
Sec. 232. Authority to respond to public inquiries.
Sec. 233. Technical amendment relating to Near and Middle East research and
training.
Sec. 234. Distribution within the United States of certain materials of the United
States Information Agency.
Sec. 235. American studies collections.
Sec. 236. Educational and cultural exchanges with Tibet.
Sec. 237. Scholarships for East Timorese students.
Sec. 238. Cambodian scholarship and exchange programs.
Sec. 239. Increasing African participation in USIA exchange programs.
Sec. 240. Environment and sustainable development exchange program.
Sec. 241. South Pacific exchange programs.
Sec. 242. International exchange programs involving disability related matters.
PART C—MIKE MANSFIELD FELLOWSHIPS
Sec. 251. Short title.
Sec. 252. Establishment of fellowship program.
Sec. 253. Program requirements.
Sec. 254. Separation of Government personnel during the fellowships.
Sec. 255. Mansfield Fellows on detail from Government service.
Sec. 256. Liability for repayments.
Sec. 257. Definitions.
TITLE III—UNITED STATES INTERNATIONAL BROADCASTING ACT
Sec. 301. Short title.
Sec. 302. Congressional findings and declaration of purposes.
Sec. 303. Standards and principles.
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Sec. 304. Establishment of broadcasting Board of Governors.
Sec. 305. Authorities of the Board.
Sec. 306. Foreign policy guidance.
Sec. 307. International Broadcasting Bureau.
Sec. 308. Limits on grants for Radio Free Europe and Radio Liberty.
Sec. 309. Radio Free Asia.
Sec. 310. Transition.
Sec. 311. Preservation of American jobs.
Sec. 312. Privatization of Radio Free Europe and Radio Liberty.
Sec. 313. Requirement for authorization of appropriations.
Sec. 314. Definitions.
Sec. 315. Technical and conforming amendments.
TITLE IV—INTERNATIONAL ORGANIZATIONS
PART A—UNITED NATIONS REFORM AND PEACEKEEPING OPERATIONS
Sec. 401. United Nations Office of Inspector General.
Sec. 402. United States participation in management of the United Nations.
Sec. 403. Sense of the Senate on Department of Defense funding for United Nations
peacekeeping operations.
Sec. 404. Assessed contributions for United Nations peacekeeping operations.
Sec. 405. United States personnel taken prisoner while serving in multinational
forces.
Sec. 406. Transmittals of certain United Nations documents.
Sec. 407. Consultations and reports.
Sec. 408. Transfers of excess defense articles for international peacekeeping oper-
ations.
Sec. 409. Reform in budget decisionmaking procedures of the United Nations and
its specialized agencies.
Sec. 410. Limitation on contributions to the United Nations and affiliated organiza-
tions.
Sec. 411. United Nations Security Council membership.
Sec. 412. Reforms in the World Health Organization.
Sec. 413. Reforms in the Food and Agriculture Organization.
Sec. 414. Sense of Congress regarding adherence to United Nations Charter.
Sec. 415. Designated congressional committees.
PART B—GENERAL PROVISIONS AND OTHER INTERNATIONAL ORGANIZATIONS
Sec. 421. Agreement on State and local taxation.
Sec. 422. Conference on Security and Cooperation in Europe.
Sec. 423. International Boundary and Water Commission.
Sec. 424. United States membership in the Asian-Pacific Economic Cooperation Or-
ganization.
Sec. 425. United States membership in the International Copper Study Group.
Sec. 426. Extension of the International Organizations Immunities Act to the Inter-
national Union for Conservation of Nature and Natural Resources.
Sec. 427. Inter-American organizations.
Sec. 428. Prohibition on contributions to the International Coffee Organization.
Sec. 429. Prohibition on contributions to the International Jute Organization.
Sec. 430. Migration and refugee amendments.
Sec. 431. Withholding of United States contributions for certain programs of inter-
national organizations.
TITLE V—FOREIGN POLICY
PART A—GENERAL PROVISIONS
Sec. 501. United States policy concerning overseas assistance to refugees and dis-
placed persons.
Sec. 502. Interparliamentary exchanges.
Sec. 503. Food as a human right.
Sec. 504. Transparency in armaments.
Sec. 505. Sense of the Senate concerning Inspector General Act.
Sec. 506. Torture convention implementation.
Sec. 507. United States policy concerning Iraq.
Sec. 508. High-level visits to Taiwan.
Sec. 509. Transfer of certain obsolete or surplus defense articles in the War Re-
serve Allies Stockpile to the Republic of Korea.
Sec. 510. Extension of the Fair Trade in Auto Parts Act of 1988.
Sec. 511. Report on the use of foreign frozen or blocked assets.
Sec. 512. Extension of certain adjudication provisions.
Sec. 513. Policy regarding the conditions which the Government of the People’s Re-
public of China should meet to continue to receive nondiscriminatory
most-favored-nation treatment.
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Sec. 514. Implementation of Partnership for Peace.
Sec. 515. Policy toward Thailand, Cambodia, Laos, and Burma.
Sec. 516. Peace process in Northern Ireland.
Sec. 517. Policy with respect to the establishment of an international criminal
court.
Sec. 518. International criminal court participation.
Sec. 519. Protection of first and fourth amendment rights.
Sec. 520. Policy on termination of United States arms embargo.
Sec. 521. Sense of Senate on relations with Vietnam.
Sec. 522. Report on sanctions on Vietnam.
Sec. 523. Report on People’s Mujaheddin of Iran.
Sec. 524. Amendments to the PLO Commitments Compliance Act.
Sec. 525. Free trade in ideas.
Sec. 526. Embargo against Cuba.
Sec. 527. Expropriation of United States property.
Sec. 528. Report on Russian military operations in the independent states of the
former Soviet Union.
Sec. 529. United States policy on North Korea.
Sec. 530. Enforcement of nonproliferation treaties.
Sec. 531. Taiwan.
Sec. 532. Waiver of sanctions with respect to the Federal Republic of Yugoslavia to
promote democracy abroad.
Sec. 533. Freedom of information exemption for certain Open Skies Treaty data.
Sec. 534. Effectiveness of democracy programs.
Sec. 535. Sense of Congress concerning United States citizens victimized by Ger-
many during World War II.
Sec. 536. Reporting requirements on occupied Tibet.
PART B—SPOILS OF WAR ACT
Sec. 551. Short title.
Sec. 552. Transfers of spoils of war.
Sec. 553. Prohibition on transfers to countries which support terrorism.
Sec. 554. Report on previous transfers.
Sec. 555. Definitions.
Sec. 556. Construction.
PART C—ANTI-ECONOMIC DISCRIMINATION ACT
Sec. 561. Short title.
Sec. 562. Israel’s diplomatic status.
Sec. 563. Policy on Middle East arms sales.
Sec. 564. Prohibition on certain sales and leases.
Sec. 565. Prohibition on discriminatory contracts.
PART D—THE CAMBODIAN GENOCIDE JUSTICE ACT
Sec. 571. Short title.
Sec. 572. Policy.
Sec. 573. Establishment of State Department Office.
Sec. 574. Reporting requirement.
PART E—MIDDLE EAST PEACE FACILITATION
Sec. 581. Short title.
Sec. 582. Findings.
Sec. 583. Authority to suspend certain provisions.
TITLE VI—PEACE CORPS
Sec. 601. Authorization of appropriations.
Sec. 602. Amendments to the Peace Corps Act.
TITLE VII—ARMS CONTROL
PART A—ARMS CONTROL AND NONPROLIFERATION ACT OF 1994
Sec. 701. Short title; references in part; table of contents.
Sec. 702. Congressional declarations; purpose.
Sec. 703. Purposes.
Sec. 704. Repeals.
Sec. 705. Director.
Sec. 706. Bureaus, offices, and divisions.
Sec. 707. Scientific and Policy Advisory Committee.
Sec. 708. Presidential Special Representatives.
Sec. 709. Policy formulation.
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Sec. 710. Negotiation management.
Sec. 711. Report on measures to coordinate research and development.
Sec. 712. Verification of compliance.
Sec. 713. Negotiating records.
Sec. 714. Authorities with respect to nonproliferation matters.
Sec. 715. Appointment and compensation of personnel.
Sec. 716. Security requirements.
Sec. 717. Reports.
Sec. 718. Funding.
Sec. 719. Conforming amendments.
PART B—AMENDMENTS TO THE ARMS EXPORT CONTROL ACT
Sec. 731. Limitation on authority to transfer excess defense articles.
Sec. 732. Reports under the Arms Export Control Act.
Sec. 733. Prohibition on incentive payments under the Arms Export Control Act.
Sec. 734. Missile technology exports to certain Middle Eastern and Asian countries.
Sec. 735. Notification of Congress on certain events involving the Missile Tech-
nology Control Regime (MTCR).
Sec. 736. Control of reexports to terrorist countries.
TITLE VIII—NUCLEAR PROLIFERATION PREVENTION ACT
Sec. 801. Short title.
PART A—REPORTING ON NUCLEAR EXPORTS
Sec. 811. Reports to Congress.
PART B—SANCTIONS FOR NUCLEAR PROLIFERATION
Sec. 821. Imposition of sanction procurement on persons engaging in export activi-
ties that contribute to proliferation.
Sec. 822. Eligibility for assistance.
Sec. 823. Role of international financial institutions.
Sec. 824. Prohibition on assisting nuclear proliferation through the provision of fi-
nancing.
Sec. 825. Export-Import Bank.
Sec. 826. Amendment to the Arms Export Control Act.
Sec. 827. Reward.
Sec. 828. Reports.
Sec. 829. Technical correction.
Sec. 830. Definitions.
Sec. 831. Effective date.
PART C—INTERNATIONAL ATOMIC ENERGY AGENCY
Sec. 841. Bilateral and multilateral initiatives.
Sec. 842. IAEA internal reforms.
Sec. 843. Reporting requirement.
Sec. 844. Definitions.
PART D—TERMINATION
Sec. 851. Termination upon enactment of next Foreign Relations Act.
TITLE IX—COMMISSION ON PROTECTING AND REDUCING GOVERNMENT
SECRECY
Sec. 901. Short title.
Sec. 902. Findings.
Sec. 903. Purpose.
Sec. 904. Composition of the Commission.
Sec. 905. Functions of the Commission.
Sec. 906. Powers of the Commission.
Sec. 907. Staff of the Commission.
Sec. 908. Compensation and travel expenses.
Sec. 909. Security clearances for Commission members and staff.
Sec. 910. Final report of Commission; termination.
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TITLE I—DEPARTMENT OF STATE AND
RELATED AGENCIES
PART A—AUTHORIZATION OF
APPROPRIATIONS
SEC. 101. ADMINISTRATION OF FOREIGN AFFAIRS.
(a) IN GENERAL.—The following amounts are authorized to
be appropriated for the Department of State under ‘‘Administration
of Foreign Affairs’’ to carry out the authorities, functions, duties,
and responsibilities in the conduct of the foreign affairs of the
United States and for other purposes authorized by law, including
the diplomatic security program:
(1) DIPLOMATIC
AND
CONSULAR
PROGRAMS.—For ‘‘Diplo-
matic and Consular Programs’’, of the Department of State
$1,704,589,000 for the fiscal year 1994 and $1,781,139,000 for
the fiscal year 1995.
(2) SALARIES AND EXPENSES.—For ‘‘Salaries and Expenses’’,
of the Department of State $396,722,000 for the fiscal year
1994 and $391,373,000 for the fiscal year 1995.
(3) 
ACQUISITION
AND
MAINTENANCE
OF
BUILDINGS
ABROAD.—For ‘‘Acquisition and Maintenance of Buildings
Abroad’’, $381,481,000 for the fiscal year 1994 and $309,760,000
for the fiscal year 1995.
(4) REPRESENTATION
ALLOWANCES.—For ‘‘Representation
Allowances’’, $4,780,000 for the fiscal year 1994 and $4,780,000
for the fiscal year 1995.
(5) EMERGENCIES IN THE DIPLOMATIC AND CONSULAR SERV-
ICE.—For ‘‘Emergencies in the Diplomatic and Consular Serv-
ice’’, $7,805,000 for the fiscal 1994 and $6,500,000 for the
fiscal year 1995.
(6) OFFICE
OF
THE
INSPECTOR
GENERAL.—For ‘‘Office of
the Inspector General’’, $23,469,000 for the fiscal year 1994
and $23,798,000 for the fiscal year 1995.
(7) PAYMENT TO THE AMERICAN INSTITUTE IN TAIWAN.—
For 
‘‘Payment 
to 
the 
American 
Institute 
in 
Taiwan’’,
$15,165,000 for the fiscal year 1994 and $15,465,000 for the
fiscal year 1995.
(8) PROTECTION OF FOREIGN MISSIONS AND OFFICIALS.—For
‘‘Protection of Foreign Missions and Officials’’, $10,551,000 for
the fiscal year 1994 and $10,079,000 for the fiscal year 1995.
(9) 
REPATRIATION
LOANS.—For 
‘‘Repatriation 
Loans’’,
$776,000 for the fiscal year 1994 and $776,000 for the fiscal
year 1995, for administrative expenses.
(b) LIMITATIONS.—
(1) Of the amounts authorized to be appropriated for ‘‘Sala-
ries and Expenses’’ under subsection (a)(2) $500,000 is author-
ized to be appropriated for the fiscal year 1994 and $500,000
for the fiscal year 1995 for the Department of State for the
recruitment of Hispanic American students from United States
institutions of higher education with a high percentage enroll-
ment of Hispanic Americans and for the training of Hispanic
Americans for careers in the Foreign Service and in inter-
national affairs.
H. R. 2333—7
(2) Of the amounts authorized to be appropriated for ‘‘Diplo-
matic and Consular Programs’’ under subsection (a)(1)—
(A) $5,000,000 is authorized to be appropriated for
each of the fiscal years 1994 and 1995 for grants, contracts,
and other activities to conduct research and promote inter-
national cooperation on environmental and other scientific
issues;
(B) $11,500,000 is authorized to be available for fiscal
year 1994 and $11,900,000 is authorized to be available
for fiscal year 1995, only for administrative expenses of
the bureau charged with carrying out the purposes of the
Migration and Refugee Assistance Act of 1962;
(C) $700,000 is authorized to be appropriated for each
of the fiscal years 1994 and 1995 to carry out the activities
of the Commission on Protecting and Reducing Government
Secrecy established under title IX of this Act and such
amounts under this subparagraph are authorized to remain
available until expended; and
(D) $400,000 is authorized to be appropriated for each
of the fiscal years 1994 and 1995 to carry out the activities
of the Office of Cambodian Genocide Investigations estab-
lished under title 5 of this Act.
(E) $2,000,000 is authorized to be appropriated for
fiscal year 1995 for computer upgrades for the Bureau
of Intelligence and Research.
(3) Of the amounts authorized to be appropriated for
‘‘Acquisition and Maintenance of Buildings Abroad’’ under sub-
section (a)(3), $95,904,000 is authorized to be appropriated
for the fiscal year 1994 and $114,825,000 is authorized to
be appropriated for the fiscal year 1995 for Maintenance of
Buildings and Facility Rehabilitation.
(4) Of the amounts authorized to be appropriated for
‘‘Protection of Foreign Missions and Officials’’ in subsection
(a)(8)—
(A) $940,000 is authorized to be available to reimburse
the City of Seattle and the State of Washington for security
costs associated with the Asian Pacific Economic Coopera-
tion conference held in Seattle in November 1993, on a
one-time-only basis, and for purposes of obligation and
expenditure of amounts under this subparagraph under
Public Law 103–121 as reimbursement for extraordinary
protective services under section 208 of title 3, United
States Code, the limitations of section 202(10) of title 3,
United States Code (concerning 20 or more consulates),
shall not apply; and
(B) $1,000,000 is authorized to be available for fiscal
year 1995 to reimburse State and local government agen-
cies for security costs associated with the Western Hemi-
sphere summit scheduled to be held in Miami, Florida
in December 1994.
(c) REPEAL.—Effective October 1, 1995, section 401(a)(3) of the
Omnibus Diplomatic Security and Antiterrorism Act of 1986 (Public
Law 99–399) is repealed.
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SEC. 102. INTERNATIONAL ORGANIZATIONS, PROGRAMS, AND CON-
FERENCES.
(a) ASSESSED CONTRIBUTIONS
TO INTERNATIONAL ORGANIZA-
TIONS.—There are authorized to be appropriated for ‘‘Contributions
to International Organizations’’, $865,885,000 for the fiscal year
1994 and $873,222,000 for the fiscal year 1995 for the Department
of State to carry out the authorities, functions, duties, and respon-
sibilities in the conduct of the foreign affairs of the United States
with respect to international organizations and to carry out other
authorities in law consistent with such purposes.
(b) ASSESSED CONTRIBUTIONS FOR INTERNATIONAL PEACEKEEP-
ING ACTIVITIES.—There are authorized to be appropriated for ‘‘Con-
tributions for International Peacekeeping Activities’’, $401,607,000
for the fiscal year 1994 and $510,204,000 for the fiscal year 1995
for the Department of State to carry out the authorities, functions,
duties, and responsibilities in the conduct of the foreign affairs
of the United States with respect to international peacekeeping
activities and to carry out other authorities in law consistent with
such purposes.
(c) PEACEKEEPING OPERATIONS.—There are authorized to be
appropriated for ‘‘Peacekeeping Operations’’, $75,623,000 for the
fiscal year 1994 and $75,000,000 for the fiscal year 1995 for the
Department of State to carry out section 551 of Public Law 87–
195.
(d) SUPPLEMENTAL PEACEKEEPING.—In addition to amounts
authorized to be appropriated for such purpose by subsection (b),
there are authorized to be appropriated $670,000,000 for ‘‘Assessed
Contributions for International Peacekeeping Activities’’ for the
period beginning on the date of enactment of this Act and ending
September 30, 1995.
(e) INTERNATIONAL CONFERENCES AND CONTINGENCIES.—There
are authorized to be appropriated for ‘‘International Conferences
and Contingencies’’, $6,000,000 for the fiscal year 1994 and
$6,000,000 for the fiscal year 1995 for the Department of State
to carry out the authorities, functions, duties, and responsibilities
in the conduct of the foreign affairs of the United States with
respect to international conferences and contingencies and to carry
out other authorities in law consistent with such purposes.
(f) FOREIGN
CURRENCY
EXCHANGE
RATES.—In addition to
amounts otherwise authorized to be appropriated by subsections
(a) and (b) of this section, there are authorized to be appropriated
such sums as may be necessary for each of the fiscal years 1994
and 1995 to offset adverse fluctuations in foreign currency exchange
rates. Amounts appropriated under this subsection shall be avail-
able for obligation and expenditure only to the extent that the
Director of the Office of Management and Budget determines and
certifies to Congress that such amounts are necessary due to such
fluctuations.
(g) WITHHOLDING OF FUNDS.—Notwithstanding any other provi-
sion of law, the funds authorized to be appropriated for ‘‘Contribu-
tions for International Organizations’’ shall be reduced in the
amount of $118,875,000 for each of the fiscal years 1994 and 1995,
and for each year thereafter, unless the President certifies to the
Speaker of the House of Representatives and the President of
the Senate that no United States agency or United Nations affiliated
agency grants any official status, accreditation, or recognition to
any organization which promotes, condones, or seeks the legaliza-
H. R. 2333—9
tion of pedophilia, or which includes as a subsidiary or member
any such organization.
SEC. 103. INTERNATIONAL COMMISSIONS.
The following amounts are authorized to be appropriated under
‘‘International Commissions’’ for the Department of State to carry
out the authorities, functions, duties, and responsibilities in the
conduct of the foreign affairs of the United States and for other
purposes authorized by law:
(1) INTERNATIONAL
BOUNDARY
AND
WATER
COMMISSION,
UNITED STATES AND MEXICO.—For ‘‘International Boundary and
Water Commission, United States and Mexico’’—
(A) for ‘‘Salaries and Expenses’’ $11,200,000 for the
fiscal year 1994 and $15,358,000 for the fiscal year 1995;
and
(B) for ‘‘Construction’’ $14,400,000 for the fiscal year
1994 and $10,398,000 for the fiscal year 1995.
(2) INTERNATIONAL BOUNDARY COMMISSION, UNITED STATES
AND
CANADA.—For 
‘‘International 
Boundary 
Commission,
United States and Canada’’, $740,000 for the fiscal year 1994
and $740,000 for the fiscal year 1995.
(3) INTERNATIONAL JOINT COMMISSION.—For ‘‘International
Joint Commission’’, $3,550,000 for the fiscal year 1994 and
$3,550,000 for the fiscal year 1995.
(4) INTERNATIONAL
FISHERIES
COMMISSIONS.—For ‘‘Inter-
national Fisheries Commissions’’, $16,200,000 for the fiscal year
1994 and $14,669,000 for the fiscal year 1995.
SEC. 104. MIGRATION AND REFUGEE ASSISTANCE.
(a) AUTHORIZATION OF APPROPRIATIONS.—
(1) There are authorized to be appropriated for ‘‘Migration
and Refugee Assistance’’ for authorized activities, $589,188,000
for the fiscal year 1994 and $592,000,000 for the fiscal year
1995.
(2) There are authorized to be appropriated $80,000,000
for the fiscal year 1994 and $80,000,000 for the fiscal year
1995 for assistance for refugees resettling in Israel.
(3) There are authorized to be appropriated $1,500,000
for the fiscal year 1994 and $1,500,000 for the fiscal year
1995 for humanitarian assistance, including but not limited
to, food, medicine, clothing, and medical and vocational training
to persons displaced as a result of civil conflict in Burma,
including persons still within Burma.
(b) AVAILABILITY OF FUNDS.—Funds appropriated pursuant to
subsection (a) are authorized to be available until expended.
SEC. 105. OTHER PROGRAMS.
The following amounts are authorized to be appropriated for
the Department of State to carry out the authorities, functions,
duties, and responsibilities in the conduct of the foreign affairs
of the United States and for other purposes authorized by law:
(1) UNITED STATES BILATERAL SCIENCE AND TECHNOLOGY
AGREEMENTS.—For ‘‘United States Bilateral Science and Tech-
nology Agreements’’, $4,275,000 for the fiscal year 1994.
(2) ASIA FOUNDATION.—For ‘‘Asia Foundation’’, $16,000,000
for the fiscal year 1994 and $16,068,000 for the fiscal year
1995.
H. R. 2333—10
SEC. 106. UNITED 
STATES 
ARMS 
CONTROL 
AND 
DISARMAMENT
AGENCY.
(a) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated to carry out the purposes of the Arms Control
and Disarmament Act—
(1) $53,500,000 for the fiscal year 1994 and $59,292,000
for the fiscal year 1995; and
(2) such sums as may be necessary for each of the fiscal
years 1994 and 1995 for increases in salary, pay, retirement,
other employee benefits authorized by law, and other non-
discretionary costs, and to offset adverse fluctuations in foreign
currency exchange rates.
(b) TECHNICAL AND CONFORMING AMENDMENTS.—Section 49 of
the Arms Control and Disarmament Act (22 U.S.C. 2589) is
amended—
(1) by striking subsection (a); and
(2) in the first sentence of subsection (b) by striking ‘‘pursu-
ant to this section’’ and inserting ‘‘to carry out this Act’’.
PART B—AUTHORITIES AND ACTIVITIES
SEC. 121. AUTHORIZED STRENGTH OF THE FOREIGN SERVICE.
(a) END FISCAL YEAR 1994 LEVELS.—The number of members
of the Foreign Service authorized to be employed as of September
30, 1994—
(1) for the Department of State, shall not exceed 9,100,
of whom not more than 820 shall be members of the Senior
Foreign Service;
(2) for the United States Information Agency, shall not
exceed 1,200, of whom not more than 175 shall be members
of the Senior Foreign Service; and
(3) for the Agency for International Development, not to
exceed 1,850, of whom not more than 250 shall be members
of the Senior Foreign Service.
(b) END FISCAL YEAR 1995 LEVELS.—The number of members
of the Foreign Service authorized to be employed as of September
30, 1995—
(1) for the Department of State, shall not exceed 9,100,
of whom not more than 770 shall be members of the Senior
Foreign Service;
(2) for the United States Information Agency, not to exceed
1,200, of whom not more than 165 shall be members of the
Senior Foreign Service; and
(3) for the Agency for International Development, not to
exceed 1,850, of whom not more than 240 shall be members
of the Senior Foreign Service.
(c) DEFINITION.—For the purposes of this section, the term
‘‘members of the Foreign Service’’ is used within the meaning of
such term under section 103 of the Foreign Service Act of 1980
(22 U.S.C 3903), except that such term does not include—
(1) members of the Service under paragraphs (6) and (7)
of such section;
(2) members of the Service serving under temporary resi-
dent appointments abroad;
(3) members of the Service employed on less than a full-
time basis;
H. R. 2333—11
(4) members of the Service subject to involuntary separa-
tion in cases in which such separation has been suspended
pursuant to section 1106(8) of the Foreign Service Act of 1980;
and
(5) members of the Service serving under non-career limited
appointments.
(d) WAIVER AUTHORITY.—(1) Subject to paragraph (2), the Sec-
retary of State and the Director of the United States Information
Agency may waive any limitation under subsection (a) or (b) which
applies to the Department of State or the United States Information
Agency, as the case may be, to the extent that such waiver is
necessary to carry on the foreign affairs functions of the United
States.
(2) Not less than 15 days before any agency head implements
a waiver under paragraph (1), such agency head shall notify the
Chairman of the Committee on Foreign Relations of the Senate
and the Speaker of the House of Representatives. Such notice
shall include an explanation of the circumstances and necessity
for such waiver.
SEC. 122. TRANSFERS AND REPROGRAMMINGS.
(a) AMENDMENTS TO SECTION 24 OF THE STATE DEPARTMENT
BASIC AUTHORITIES ACT OF 1956.—Section 24 of the State Depart-
ment Basic Authorities Act of 1956 (22 U.S.C. 2696) is amended—
(1) in subsection (b)(7) by striking subparagraph (E);
(2) in subsection (d)(1)—
(A) by striking ‘‘the second’’ and inserting ‘‘either’’;
and
(B) by striking ‘‘such second’’ and inserting ‘‘such’’;
(3) in subsection (d)(2) by amending the first sentence
to read as follows: ‘‘Amounts appropriated for the ‘Diplomatic
and Consular Programs’ account may not exceed by more than
5 percent the amount specifically authorized to be appropriated
for such account for a fiscal year.’’; and
(4) by striking subsection (d)(4).
(b) DIPLOMATIC CONSTRUCTION PROGRAM.—Section 401 of the
Omnibus Diplomatic Security and Antiterrorism Act of 1986 (22
U.S.C. 4851) is amended by striking subsections (c) and (h)(3).
(c) REPROGRAMMING.—Section 34 of the State Department Basic
Authorities Act of 1956 (22 U.S.C. 2706) is amended in subsection
(a)(7) by striking ‘‘$500,000’’ and inserting ‘‘$1,000,000’’.
SEC. 123. EXPENSES RELATING TO CERTAIN INTERNATIONAL CLAIMS
AND PROCEEDINGS.
Section 38 of the State Department Basic Authorities Act of
1956 (22 U.S.C. 2710) is amended by adding at the end the following
new subsections:
‘‘(c) PROCUREMENT OF SERVICES.—The Secretary of State may
use competitive procedures or procedures other than competitive
procedures to procure the services of experts for use in preparing
or prosecuting a proceeding before an international tribunal or
a claim by or against a foreign government or other foreign entity,
whether or not the expert is expected to testify, or to procure
other support services for such proceedings or claims. The Secretary
need not provide any written justification for the use of procedures
other than competitive procedures when procuring such services
under this subsection and need not furnish for publication in the
H. R. 2333—12
Commerce Business Daily or otherwise any notice of solicitation
or synopsis with respect to such procurement.
‘‘(d) INTERNATIONAL LITIGATION FUND.—
‘‘(1) ESTABLISHMENT.—In order to provide the Department
of State with a dependable, flexible, and adequate source of
funding for the expenses of the Department related to preparing
or prosecuting a proceeding before an international tribunal,
or a claim by or against a foreign government or other foreign
entity, there is established an International Litigation Fund
(hereafter in this subsection referred to as the ‘‘ILF’’). The
ILF may be available without fiscal year limitation. Funds
otherwise available to the Department for the purposes of this
paragraph may be credited to the ILF.
‘‘(2) REPROGRAMMING PROCEDURES.—Funds credited to the
ILF shall be treated as a reprogramming of funds under section
34 and shall not be available for obligation or expenditure
except in compliance with the procedures applicable to such
reprogrammings. This paragraph shall not apply to the transfer
of funds under paragraph (3).
‘‘(3) TRANSFERS OF FUNDS.—Funds received by the Depart-
ment of State from another agency of the United States Govern-
ment or pursuant to the Department of State Appropriations
Act of 1937 (49 Stat. 1321, 22 U.S.C. 2661) to meet costs
of preparing or prosecuting a proceeding before an international
tribunal, or a claim by or against a foreign government or
other foreign entity, shall be credited to the ILF.
‘‘(4) USE
OF
FUNDS.—Funds deposited in the ILF shall
be available only for the purposes of paragraph (1).’’.
SEC. 124. CHILD CARE FACILITIES AT CERTAIN POSTS ABROAD.
Section 31 of the State Department Basic Authorities Act of
1956 (22 U.S.C. 2703) is amended in subsection (e) by striking
‘‘For the fiscal years 1992 and 1993, the’’ and inserting ‘‘The’’.
SEC. 125. EMERGENCIES 
IN 
THE 
DIPLOMATIC 
AND 
CONSULAR
SERVICE.
Section 4 of the State Department Basic Authorities Act of
1956 (22 U.S.C. 2671) is amended in subsection (c)—
(1) by striking ‘‘and the Foreign Service’’; and
(2) by striking ‘‘an annual confidential’’ and inserting ‘‘a
periodic’’.
SEC. 126. ROLE OF THE NATIONAL FOREIGN AFFAIRS TRAINING
CENTER.
Chapter 7 of the Foreign Service Act of 1980 is amended—
(1) in the chapter title, by striking ‘‘Foreign Service
Institute,’’;
(2) in section 701 (22 U.S.C. 4021)—
(A) by striking the section title and inserting ‘‘Institu-
tion for Training.’’;
(B) in subsection (a)—
(i) by striking the subsection heading and inserting
‘‘Institution or Center for Training’’;
(ii) by striking ‘‘the Foreign Service Institute
(hereinafter in this chapter referred to as the
‘Institute’)’’ and inserting ‘‘an institution or center for
training (hereinafter in this chapter referred to as
the ‘institution’)’’; and
H. R. 2333—13
(iii) by striking ‘‘Institute’’ and inserting ‘‘institu-
tion’’; and
(C) by adding at the end the following new subsection:
‘‘(d)(1) The Secretary of State is authorized to provide for special
professional foreign affairs training and instruction of employees
of foreign governments through the institution.
‘‘(2) Training and instruction under paragraph (1) shall be
on a reimbursable or advance-of-funds basis. Such reimbursements
or advances to the Department of State may be provided by an
agency of the United States Government or by a foreign government
and shall be credited to the currently available applicable appropria-
tion account.
‘‘(3) In making such training available to employees of foreign
governments, priority consideration should be given to officials of
newly emerging democratic nations and then to such other countries
as the Secretary determines to be in the national interest of the
United States.
‘‘(4) The authorities of section 704 shall apply to training and
instruction provided under this section.’’; and
(3) in sections 701(b), 702, 704, 705, and 707, by striking
‘‘Foreign Service Institute’’ and ‘‘Institute’’ each place such
terms appear and inserting ‘‘institution’’.
SEC. 127. CONSULAR AUTHORITIES.
(a) PERSONS AUTHORIZED TO ISSUE PASSPORTS ABROAD.—The
Act entitled ‘‘An Act to regulate the issue and validity of passports,
and for other purposes’’, approved July 3, 1926 (44 Stat. 887,
22 U.S.C. 211a) is amended by striking ‘‘by diplomatic representa-
tives of the United States, and by such consul generals, consuls,
or vice consuls when in charge,’’ and inserting ‘‘by diplomatic and
consular officers of the United States, and by other employees
of the Department of State who are citizens of the United States,’’.
(b) NOTARIAL AUTHORITY.—The Act entitled ‘‘An Act to provide
for the reorganization of the consular service of the United States’’,
approved April 5, 1906 (34 Stat. 100, 22 U.S.C. 4221) is amended
in section 7 by adding at the end ‘‘Pursuant to such regulations
as the Secretary of State may prescribe, the Secretary may des-
ignate any other employee of the Department of State who is
a citizen of the United States to perform any notarial function
authorized to be performed by a consular officer of the United
States under this Act.’’.
SEC. 128. REPORT ON CONSOLIDATION OF ADMINISTRATIVE OPER-
ATIONS.
Not later than 180 days after the date of the enactment of
this Act, the Secretary of State, jointly with the Director of the
United States Information Agency, the Director of the Arms Control
and Disarmament Agency, and the Administrator of the Agency
for International Development) shall submit, to the Committee on
Foreign Affairs of the House of Representatives and the Committee
on Foreign Relations of the Senate, a report concerning the feasibil-
ity of consolidating domestic administrative operations for the
Department of State, the Agency for International Development,
the Arms Control and Disarmament Agency and the United States
Information Agency. Such report shall include specific recommenda-
tions for implementation.
H. R. 2333—14
SEC. 129. FACILITATING ACCESS TO THE DEPARTMENT OF STATE
BUILDING.
(a) PROCEDURES TO FACILITATE ACCESS.—The Department of
State shall maintain procedures to ensure that the members and
staff of the congressional committees of jurisdiction are granted
easy access to the Department of State in the conduct of their
duties.
(b) PARKING.—The Department of State shall also make avail-
able adequate parking for members and staff of the congressional
committees of jurisdiction in order to facilitate attendance of meet-
ings at the Department of State.
SEC. 130. REPORT ON SAFETY AND SECURITY OF UNITED STATES
PERSONNEL IN SARAJEVO.
Not later than 90 days after the date of enactment of this
Act, the Secretary of State shall report to the Committee on Foreign
Affairs of the House of Representatives and the Committee on
Foreign Relations of the Senate on the steps taken to enhance
the security and physical safety of United States diplomatic person-
nel in Sarajevo, Bosnia-Hercegovina.
SEC. 131. PASSPORT SECURITY.
(a) SENSE
OF CONGRESS.—The Congress strongly urges the
Secretary of State to ensure that any new passport issuances should,
to the maximum extent practicable—
(1) be secure against counterfeiting, alteration, duplication,
or simulation;
(2) be easily verifiable with appropriate inspection by public
officials and private and commercial personnel; and
(3) contain only United States-sourced materials and tech-
nology.
(b) REPORT TO CONGRESS.—Not later than 30 days after the
date of enactment of this Act, the Secretary of State shall submit
a report to the Committee on Foreign Relations of the Senate
and the Committee on Foreign Affairs of the House of Representa-
tives detailing actions taken by the Department of State to accom-
plish the goals set forth in subsection (a).
SEC. 132. RECORD OF PLACE OF BIRTH FOR TAIWANESE-AMERICANS.
For purposes of the registration of birth or certification of
nationality of a United States citizen born in Taiwan, the Secretary
of State shall permit the place of birth to be recorded as Taiwan.
SEC. 133. TERRORISM REWARDS AND REPORTS.
(a) REWARDS FOR INFORMATION ON ACTS OF INTERNATIONAL
TERRORISM IN THE UNITED STATES.—
(1) STATE DEPARTMENT BASIC AUTHORITIES ACT OF 1956.—
Section 36 of the State Department Basic Authorities Act of
1956 (22 U.S.C. 2708) is amended in subsection (a) by striking
‘‘and is primarily outside the territorial jurisdiction of the
United States’’.
(2) Notwithstanding section 36(g) of the State Department
Basic Authorities Act of 1956 (22 U.S.C. 2708), in addition
to amounts otherwise available the Department of State may
expend not more than $4,000,000 in fiscal years 1994 and
1995 to pay rewards pursuant to section 36(a) of such Act.
(b) ANNUAL REPORTS ON TERRORISM.—
H. R. 2333—15
(1) Section 140 of the Foreign Relations Authorization Act,
Fiscal Years 1988 and 1989 (22 U.S.C. 2656f) is amended
in subsection (b)(2)—
(A) by striking ‘‘and’’ at the end of subparagraph (C);
(B) by striking the period at the end of subparagraph
(D) and inserting ‘‘; and’’; and
(C) by adding at the end the following:
‘‘(E) efforts by the United States to eliminate inter-
national financial support provided to those groups directly
or provided in support of their activities.’’.
(2) Section 304(a) of the Foreign Relations Authorization
Act, Fiscal Years 1992 and 1993 (Public Law 102–138) is
amended—
(A) by striking ‘‘Treasury’’ and inserting ‘‘Treasury,
in consultation with the Attorney General and appropriate
investigative agencies,’’; and
(B) by inserting at the end ‘‘Each such report shall
provide a detailed list and description of specific assets.’’.
SEC. 134. PROPERTY AGREEMENTS.
Whenever the Department of State enters into lease-purchase
agreements involving property in foreign countries pursuant to
section 1 of the Foreign Service Buildings Act (22 U.S.C. 292),
the Department shall account for such transactions in accordance
with fiscal year obligations.
SEC. 135. CAPITAL INVESTMENT FUND.
(a) ESTABLISHMENT.—There is established within the Depart-
ment of State a Capital Investment Fund to provide for the pro-
curement of information technology and other related capital
investments for the Department of State and to ensure the efficient
management, coordination, operation, and utilization of such
resources.
(b) FUNDING.—Funds otherwise available for the purposes of
subsection (a) may be deposited in such Fund.
(c) AVAILABILITY.—Amounts deposited into the Fund are author-
ized to remain available until expended.
(d) EXPENDITURES FROM
THE FUND.—Amounts deposited in
the Fund shall be available for expenditure to procure capital
equipment and information technology.
(e) REPROGRAMMING PROCEDURES.—Funds credited to the Cap-
ital Investment Fund shall be treated as a reprogramming of funds
under section 34 of the State Department Basic Authorities Act
of 1956 (22 U.S.C. 2710) and shall not be available for obligation
or expenditure except in compliance with the procedures applicable
to such reprogrammings.
SEC. 136. FEES FOR COMMERCIAL SERVICES.
Title I of the State Department Basic Authorities Act of 1956
(22 U.S.C. 2669 et seq.) is amended by adding the following new
section at the end:
‘‘SEC. 52. FEES FOR COMMERCIAL SERVICES.
‘‘(a) AUTHORITY TO CHARGE FEE.—(1) Subject to paragraph
(2), the Secretary of State is authorized to charge a fee to cover
the actual or estimated cost of providing any person, firm or
organization (other than agencies of the United States Government)
H. R. 2333—16
with commercial services at posts abroad on matters within the
authority of the Department of State.
‘‘(2) The authority of this section may be exercised only in
countries where the Department of Commerce does not perform
commercial services for which it collects fees.
‘‘(b) USE
OF FEES.—Funds collected under the authority of
subsection (a) shall be deposited as an offsetting collection to any
Department of State appropriation to recover the costs of providing
commercial services.’’.
SEC. 137. PERSONAL SERVICES CONTRACTS ABROAD.
Section 2(c) of the State Department Basic Authorities Act
of 1956 (22 U.S.C. 2669(c)) is amended by inserting before the
period ‘‘; and such contracts are authorized to be negotiated, the
terms of the contracts to be prescribed, and the work to be per-
formed, where necessary, without regard to such statutory provi-
sions as relate to the negotiation, making, and performance of
contracts and performance of work in the United States’’.
SEC. 138. PUBLISHING INTERNATIONAL AGREEMENTS.
Section 112a of title 1 of the United States Code is amended—
(1) by inserting ‘‘(a)’’ immediately before ‘‘The Secretary
of State’’; and
(2) by adding at the end the following new subsections:
‘‘(b) The Secretary of State may determine that publication
of certain categories of agreements is not required, if the following
criteria are met:
‘‘(1) such agreements are not treaties which have been
brought into force for the United States after having received
Senate advice and consent pursuant to section 2(2) of Article
II of the Constitution of the United States;
‘‘(2) the public interest in such agreements is insufficient
to justify their publication, because (A) as of the date of enact-
ment of the Foreign Relations Authorization Act, Fiscal Years
1994 and 1995, the agreements are no longer in force, (B)
the agreements do not create private rights or duties, or estab-
lish standards intended to govern government action in the
treatment of private individuals; (C) in view of the limited
or specialized nature of the public interest in such agreements,
such interest can adequately be satisfied by an alternative
means; or (D) the public disclosure of the text of the agreement
would, in the opinion of the President, be prejudicial to the
national security of the United States; and
‘‘(3) copies of such agreements (other than those in para-
graph (2)(D)), including certified copies where necessary for
litigation or similar purposes, will be made available by the
Department of State upon request.
‘‘(c) Any determination pursuant to subsection (b) shall be pub-
lished in the Federal Register.’’.
SEC. 139. REPEAL OF REPORTING REQUIREMENTS.
The following provisions of law are repealed:
(1) Section 37(d) of the State Department Basic Authorities
Act of 1956 (22 U.S.C. 2709), relating to firearms regulations
for special agents.
(2) Section 214(c) of the State Department Basic Authorities
Act of 1956 (22 U.S.C. 4314), relating to extraordinary protec-
tive services to foreign missions.
H. R. 2333—17
(3) Section 216(d) of the State Department Basic Authori-
ties Act of 1956 (22 U.S.C. 4316(d)), relating to application
of travel restrictions to personnel of certain countries and
organizations.
(4) Section 108 of the Foreign Relations Authorization Act,
Fiscal Year 1978 (22 U.S.C. 2151n–1), relating to Americans
incarcerated abroad.
(5) Section 512(b)(2) of the Foreign Relations Authorization
Act, Fiscal Year 1978 (22 U.S.C. 2428a(b)), relating to with-
drawal of United States troops from Korea.
(6) Section 412(b) of the Foreign Service Act of 1980 (22
U.S.C. 3972(b)), relating to special differentials for Foreign
Service officers.
(7) The second sentence of section 2207(c) of the Foreign
Service Act of 1980 (22 U.S.C. 4171(c)), relating to foreign
language competence requirements: exceptions.
(8) The second sentence of section 103(b) of the Department
of State Authorization Act, Fiscal Years 1982 and 1983 (22
U.S.C. 2656 note), relating to status of certain consulates to
be reopened.
(9) Section 9 of the Radio Broadcasting to Cuba Act (22
U.S.C. 1465g), relating to evaluation of Cuba service program-
ming.
(10) Section 130(c) of the Department of State Authoriza-
tion Act, Fiscal Years 1984 and 1985 (22 U.S.C. 3982 note),
relating to merger of Foreign Service Information Corps into
the Foreign Service Corps.
(11) Section 207(b) of the Department of State Authoriza-
tion Act, Fiscal Years 1984 and 1985 (22 U.S.C. 2460 note),
relating to foreign travel financed from the United States
Information Agency’s private sector program.
(12) Section 120(d) of the Foreign Relations Authorization
Act, Fiscal Years 1986 and 1987 (Public Law 99–93), relating
to Foreign Service associates pilot project.
(13) Section 611 of the Foreign Relations Authorization
Act, Fiscal Years 1986 and 1987 (22 U.S.C. 4711), relating
to United States scholarship program for developing countries.
(14) Section 812(c) of the Foreign Relations Authorization
Act, Fiscal Years 1986 and 1987 (Public Law 99–93), relating
to Japan’s fulfillment of its common defense commitments.
(15) Section 153(d) of the Foreign Relations Authorization
Act, Fiscal Years 1988 and 1989 (22 U.S.C. 4301 note; Public
Law 100–204), relating to United States-Soviet reciprocity in
matters relating to embassies.
(16) Section 1(5) of the joint resolution entitled ‘‘Joint reso-
lution relating to NASA and the International Space Year’’,
approved July 31, 1990 (Public Law 101–339), relating to the
international space year—1992.
(17) Section 232 of the Conventional Forces in Europe
Treaty Implementation Act of 1991 (Public Law 102–228), relat-
ing to activities to reduce Soviet military threat.
(18) Section 401(c) of the Conventional Forces in Europe
Treaty Implementation Act of 1991 (22 U.S.C. 2551 note), relat-
ing to the Arms Control and Disarmament Agency’s revitaliza-
tion report.
H. R. 2333—18
(19) Section 708(c) of the Foreign Relations Authorization
Act, Fiscal Years 1988 and 1989 (22 U.S.C. 287 note) relating
to the protection of Tyre by UNIFIL.
(20) Section 408(b) of the Omnibus Diplomatic Security
and Antiterrorism Act of 1986 (22 U.S.C. 2349aa) relating
to perimeter security at United States embassies and consulates
abroad.
(21) Section 162(d) of the Foreign Relations Authorization
Act, Fiscal Years 1990 and 1991 (22 U.S.C. 287(e)) relating
to contributions to and procedures of the United Nations.
(22) Section 531(i) of the Foreign Operations, Export
Financing, and Related Programs Appropriations Act, 1991 (22
U.S.C. 2370 note) relating to El Salvador.
(23) Section 724 of the International Security Development
Cooperation Act of 1981 (22 U.S.C. 2384) relating to assistance
to Nicaragua.
(24) Section 201(f) of the Fishery Conservation and
Management Act, 1976 (16 U.S.C. 1821(f)) relating to assistance
allocation of United States fish stock surplus.
(25) The second sentence of section 2207(c) of the Foreign
Service Act of 1980 (22 U.S.C. 4171) relating to foreign language
competence.
(26) Section 209A(b)(2) of the State Department Basic
Authorities Act of 1956 (22 U.S.C. 4309a) relating to United
States responsibility for employees of the United Nations.
(27) Section 117 of the Department of State Authorization
Act, Fiscal Years 1984 and 1985 (22 U.S.C. 287(b) note) relating
to policies pursued by other countries in the United Nations.
SEC. 140. VISAS.
(a) SURCHARGE FOR PROCESSING CERTAIN VISAS.—
(1) Notwithstanding any other provision of law, the Sec-
retary of State is authorized to charge a fee or surcharge
for processing machine readable nonimmigrant visas and
machine readable combined border crossing identification cards
and nonimmigrant visas.
(2) Fees collected under the authority of subsection (a)
shall be deposited as an offsetting collection to any Department
of State appropriation, to recover the costs of providing consular
services. Such fees shall remain available for obligation until
expended.
(3) For fiscal years 1994 and 1995, fees deposited under
the authority of paragraph (2) may not exceed a total of
$107,500,000. For subsequent fiscal years, fees may be collected
under the authority of paragraph (1) only in such amounts
as shall be prescribed in subsequent authorization Acts.
(4) The provisions of the Act of August 18, 1856 (Revised
Statutes 1726–28; 22 U.S.C. 4212–14), concerning accounting
for consular fees shall not apply to fees collected under this
subsection.
(5) No fee or surcharge authorized under paragraph (1)
may be charged to a citizen of a country that is a signatory
as of the date of enactment of this Act to the North American
Free Trade Agreement, except that the Secretary of State may
charge such fee or surcharge to a citizen of such a country
if the Secretary determines that such country charges a visa
application or issuance fee to citizens of the United States.
H. R. 2333—19
(b) AUTOMATED VISA LOOKOUT SYSTEM.—Not later than 18
months after the date of the enactment of this Act, the Secretary
of State shall implement an upgrade of all overseas visa lookout
operations to computerized systems with automated multiple-name
search capabilities.
(c) PROCESSING
OF VISAS
FOR ADMISSION
TO
THE UNITED
STATES.—
(1)(A) Beginning 24 months after the date of the enactment
of this Act, whenever a United States consular officer issues
a visa for admission to the United States, that official shall
certify, in writing, that a check of the Automated Visa Lookout
System, or any other system or list which maintains informa-
tion about the excludability of aliens under the Immigration
and Nationality Act, has been made and that there is no
basis under such system for the exclusion of such alien.
(B) If, at the time an alien applies for an immigrant or
nonimmigrant visa, the alien’s name is included in the Depart-
ment of State’s visa lookout system and the consular officer
to whom the application is made fails to follow the procedures
in processing the application required by the inclusion of the
alien’s name in such system, the consular officer’s failure shall
be made a matter of record and shall be considered as a
serious negative factor in the officer’s annual performance
evaluation.
(2) If an alien to whom a visa was issued as a result
of a failure described in paragraph (1)(B) is admitted to the
United States and there is thereafter probable cause to believe
that the alien was a participant in a terrorist act causing
serious loss of life or property in the United States, the Sec-
retary of State shall convene an Accountability Review Board
under the authority of title III of the Omnibus Diplomatic
Security and Antiterrorism Act of 1986.
(d) ACCESS TO THE INTERSTATE IDENTIFICATION INDEX.—
(1) Subject to paragraphs (2) and (3), the Department of
State Consolidated Immigrant Visa Processing Center shall
have on-line access, without payment of any fee or charge,
to the Interstate Identification Index of the National Crime
Information Center solely for the purpose of determining
whether a visa applicant has a criminal history record indexed
in such Index. Such access does not entitle the Department
of State to obtain the full content of automated records through
the Interstate Identification Index. To obtain the full content
of a criminal history record, the Department shall submit a
separate request to the Identification Records Section of the
Federal Bureau of Investigation, and shall pay the appropriate
fee as provided for in the Departments of Commerce, Justice,
and State, the Judiciary, and Related Agencies Appropriations
Act, 1990 (Public Law 101–162).
(2) The Department of State shall be responsible for all
one-time start-up and recurring incremental non-personnel
costs of establishing and maintaining the access authorized
in paragraph (1).
(3) The individual primarily responsible for the day-to-
day implementation of paragraph (1) shall be an employee
of the Federal Bureau of Investigation selected by the Depart-
ment of State, and detailed to the Department on a fully
reimbursable basis.
H. R. 2333—20
(4) Not later than December 31, 1996, the Secretary of
State and the Director of the Federal Bureau of Investigation
shall jointly submit to the Committee on Foreign Affairs and
the Committee on the Judiciary of the House of Representa-
tives, and the Committee on Foreign Relations and the Commit-
tee on the Judiciary of the Senate, a report on the effectiveness
of the procedure authorized in this subsection.
(5) This subsection shall cease to have effect after December
31, 1997.
SEC. 141. LOCAL GUARD CONTRACTS ABROAD.
Section 136 of the Foreign Relations Authorization Act, Fiscal
Years 1990 and 1991 (Public Law 101–246) is amended—
(1) in subsection (c)—
(A) in paragraph (2), by striking ‘‘due to their distance
from the post’’;
(B) by redesignating paragraphs (2) and (3) as para-
graphs (6) and (7) respectively; and
(C) by inserting after paragraph (1) the following:
‘‘(2) absent compelling reasons, award such contracts
through the competitive process;
‘‘(3) in evaluating and scoring proposals for such contracts,
award not less than 60 percent of the total points on the
basis of technical factors and subfactors;
‘‘(4) in countries where contract denomination and/or pay-
ment in local currencies constitutes a barrier to competition
by United States firms—
‘‘(A) allow solicitations to be bid in United States dol-
lars; and
‘‘(B) allow contracts awarded to United States firms
to be paid in United States dollars;
‘‘(5) ensure that United States diplomatic and consular
posts assist United States firms in obtaining local licenses
and permits;’’; and
(2) in subsection (d)—
(A) paragraph (1)(D), by striking ‘‘and’’ and inserting
‘‘or’’; and
(B) by adding at the end the following new paragraph
(4):
‘‘(4) the term ‘barrier to local competition’ means—
‘‘(A) conditions of extreme currency volatility;
‘‘(B) restrictions on repatriation of profits;
‘‘(C) multiple exchange rates which significantly dis-
advantage United States firms;
‘‘(D) government restrictions inhibiting the free
convertibility of foreign exchange; or
‘‘(E) conditions of extreme local political instability.’’;
(C) by striking ‘‘and’’ at the end of paragraph (2);
and
(D) by striking the period at the end of paragraph
(3) and inserting ‘‘; and’’.
SEC. 142. WOMEN’S HUMAN RIGHTS PROTECTION.
(a) SENSE OF CONGRESS.—The Congress makes the following
declarations:
(1) The State Department should designate a senior advisor
to the appropriate Undersecretary to promote international
H. R. 2333—21
women’s human rights within the overall human rights policy
of the United States Government.
(2) The purpose of assigning a special assistant on women’s
human rights issues is not, to segregate such issues, but rather
to assure that they are considered along with other human
rights issues in the development of United States foreign policy.
(3) A specifically designated special assistant is necessary
because within the human rights field and the foreign policy
establishment, the issues of gender-based discrimination and
violence against women have long been ignored or made
invisible.
(4) The Congress believes that abuses against women would
have greater visibility and protection of women’s human rights
would improve if the advocate were responsible for integrating
women’s human rights issues into United States foreign policy,
bilateral assistance, multilateral diplomacy, trade policy, and
democracy promotion.
(b) CONGRESSIONAL NOTIFICATION.—Not later than 180 days
after the date of enactment of this Act, the Secretary of State
shall notify the Congress of the steps taken to fulfill the objectives
detailed in subsection (a).
PART C—DEPARTMENT OF STATE
ORGANIZATION
SEC. 161. ORGANIZATION OF THE DEPARTMENT OF STATE.
(a) ORGANIZATION.—Section 1 of the State Department Basic
Authorities Act of 1956 is amended to read as follows:
‘‘ORGANIZATION OF THE DEPARTMENT OF STATE
‘‘SECTION 1. (a) SECRETARY OF STATE.—
‘‘(1) The Department of State shall be administered, in
accordance with this Act and other provisions of law, under
the supervision and direction of the Secretary of State (herein-
after referred to as the ‘Secretary’).
‘‘(2) The Secretary shall be appointed by the President,
by and with the advice and consent of the Senate.
‘‘(3)(A) Notwithstanding any other provision of law and
except as provided in this section, the Secretary shall have
and exercise any authority vested by law in any office or official
of the Department of State. The Secretary shall administer,
coordinate, and direct the Foreign Service of the United States
and the personnel of the Department of State, except where
authority is inherent in or vested in the President.
‘‘(B)(i) The Secretary shall not have the authority of the
Inspector General or the Chief Financial Officer.
‘‘(ii) The Secretary shall not have any authority given
expressly to diplomatic or consular officers.
‘‘(4) The Secretary is authorized to promulgate such rules
and regulations as may be necessary to carry out the functions
of the Secretary of State and the Department of State. Unless
otherwise specified in law, the Secretary may delegate authority
to perform any of the functions of the Secretary or the Depart-
ment to officers and employees under the direction and super-
vision of the Secretary. The Secretary may delegate the
authority to redelegate any such functions.
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‘‘(b) UNDER SECRETARIES.—There shall be in the Department
of State not more than 5 Under Secretaries of State, who shall
be appointed by the President, by and with the advice and consent
of the Senate, and who shall be compensated at the rate provided
for at level III of the Executive Schedule under section 5314 of
title 5, United States Code.
‘‘(c) ASSISTANT SECRETARIES.—
‘‘(1) IN GENERAL.—There shall be in the Department of
State not more than 20 Assistant Secretaries of State, each
of whom shall be appointed by the President, by and with
the advice and consent of the Senate, and who shall be com-
pensated at the rate provided for at level IV of the Executive
Schedule under section 5315 of title 5.
‘‘(2) ASSISTANT
SECRETARY
OF
STATE
FOR
DEMOCRACY,
HUMAN RIGHTS, AND LABOR.—(A) There shall be in the Depart-
ment of State an Assistant Secretary of State for Democracy,
Human Rights, and Labor who shall be responsible to the
Secretary of State for matters pertaining to human rights and
humanitarian affairs (including matters relating to prisoners
of war and members of the United States Armed Forces missing
in action) in the conduct of foreign policy and such other related
duties as the Secretary may from time to time designate. The
Secretary of State shall carry out the Secretary’s responsibility
under section 502B of the Foreign Assistance Act of 1961
through the Assistant Secretary.
‘‘(B) The Assistant Secretary of State for Democracy,
Human Rights, and Labor shall maintain continuous observa-
tion and review all matters pertaining to human rights and
humanitarian affairs (including matters relating to prisoners
of war and members of the United States Armed Forces missing
in action) in the conduct of foreign policy including the follow-
ing:
‘‘(i) Gathering detailed information regarding humani-
tarian affairs and the observance of and respect for inter-
nationally recognized human rights in each country to
which requirements of sections 116 and 502B of the Foreign
Assistance Act of 1961 are relevant.
‘‘(ii) Preparing the statements and reports to Congress
required under section 502B of the Foreign Assistance Act
of 1961.
‘‘(iii) Making recommendations to the Secretary of
State and the Administrator of the Agency for International
Development regarding compliance with sections 116 and
502B of the Foreign Assistance Act of 1961, and as part
of the Assistant Secretary’s overall policy responsibility
for the creation of United States Government human rights
policy, advising the Administrator of the Agency for Inter-
national Development on the policy framework under which
section 116(e) projects are developed and consulting with
the Administrator on the selection and implementation
of such projects.
‘‘(iv) Performing other responsibilities which serve to
promote increased observance of internationally recognized
human rights by all countries.
‘‘(d) DEPUTY ASSISTANT SECRETARIES.—There shall be in the
Department of State not more than 66 Deputy Assistant Secretaries
of State.
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‘‘(e) OTHER SENIOR OFFICIALS.—In addition to officials of the
Department of State who are otherwise authorized to be appointed
by the President, by and with the advice and consent of the Senate,
and to be compensated at level IV of the Executive Schedule of
section 5315 of title 5, United States Code, four other such appoint-
ments are authorized.’’.
(b) APPLICATION.—The amendments made by this section and
section 133 shall apply with respect to officials, offices, and bureaus
of the Department of State when executive orders, regulations,
or departmental directives implementing such amendments become
effective, or 90 days after the date of enactment of this Act, which-
ever comes earlier.
(c) TRANSITION.—Any officer of the Department of State holding
office on the date of the enactment of this Act shall not be required
to be reappointed to any other office, at the Department of State
at the same level performing similar functions, as determined by
the President, by reason of the enactment of the amendments
made by this section and section 162.
(d) REFERENCES IN OTHER ACTS.—Except as specifically pro-
vided in this Act, or the amendments made by this Act, a reference
in any other provision of law to an official or office of the Depart-
ment of State affected by the amendment made by subsection
(a) (other than the Inspector General of the Department of State
and the Chief Financial Officer of the Department of State) shall
be deemed to be a reference to the Secretary of State or the
Department of State, as may be appropriate.
(e) OFFICE OF THE COORDINATOR FOR COUNTERTERRORISM.—
Notwithstanding any other provision of this section, for not less
than one year after the date of the enactment of this Act there
shall be in the Department of State an Office of the Coordinator
for Counterterrorism which shall be headed by a Coordinator for
Counterterrorism. The office shall have the same responsibilities
and functions as the Office of the Coordinator for Counterterrorism
at the Department of State had as of January 20, 1993.
(f) DEPUTY ASSISTANT SECRETARY FOR BURDENSHARING.—
(1) ESTABLISHMENT.—None of the funds authorized to be
appropriated by this Act shall be available for obligation or
expenditure during fiscal year 1995 unless, not later than 90
days after the date of enactment of this Act, the Secretary
of State has established within the Department of State the
position of Deputy Assistant Secretary for Burdensharing, the
incumbent of which shall be an official of ambassadorial rank,
appointed by the President by and with the advice and consent
of the Senate.
(2) RESPONSIBILITIES.—The Deputy Assistant Secretary for
Burdensharing shall perform such duties and exercise such
authorities as the Secretary of State shall prescribe, including
the principal duty of negotiations for the following:
(A) Increased in-kind and financial support (including
increased payment of basing costs) by countries allied to
the United States for Department of Defense military units
and personnel assigned to permanent duty ashore outside
the United States in support of the security of such coun-
tries.
(B) Recoupment of funds associated with financial
commitments from such countries for paying the United
States the residual value of United States facilities in
H. R. 2333—24
such countries that the United States relinquishes to such
countries upon the termination of the use of such facilities
by the United States.
SEC. 162. TECHNICAL AND CONFORMING AMENDMENTS.
(a) ACT
OF MAY 26, 1949.—The Act entitled ‘‘An Act to
strengthen and improve the organization and administration of
the Department of State, and for other purposes’’ (May 26, 1949;
Public Law 81–73; 22 U.S.C. 2652 et seq.) is repealed.
(b) FOREIGN RELATIONS AUTHORIZATION ACT, FISCAL YEAR
1979.—Section 115 of the Foreign Relations Authorization Act, Fis-
cal Year 1979 (22 U.S.C. 2652a) is amended by striking subsection
(a).
(c) FOREIGN RELATIONS AUTHORIZATION ACT, FISCAL YEARS
1992 AND 1993.—Section 122 of the Foreign Relations Authorization
Act, Fiscal Years 1992 and 1993 (22 U.S.C. 2652b) is amended—
(1) by striking subsection (c);
(2) in subsection (a) by striking ‘‘, which is in addition
to the positions provided under the first section of the Act
of May 26, 1949 (22 U.S.C. 2652); and
(3) by striking subsection (d)(1).
(d) TITLE 5, UNITED STATES CODE.—
(1) Section 5314 of title 5, United States Code, is amended
by striking—
‘‘Under Secretary of State for Political Affairs and Under
Secretary of State for Economic and Agricultural Affairs and
an Under Secretary of State for Coordinating Security Assist-
ance Programs and Under Secretary of State for Management.
‘‘Counselor of the Department of State.’’
and inserting—
‘‘Under Secretaries of State (5).’’.
(2) Section 5315 of title 5, United States Code, is amended
by striking ‘‘Assistant Secretaries of State (15).’’, ‘‘Legal Adviser
of the Department of State.’’, ‘‘Chief of Protocol, Department
of State.’’, ‘‘Assistant Secretary for Oceans and International
Environmental and Scientific Affairs, Department of State.’’,
‘‘Assistant Secretary for International Narcotics Matters,
Department of State.’’, ‘‘Assistant Secretary for South Asian
Affairs, Department of State.’’, and inserting ‘‘20 Assistant Sec-
retaries of State and 4 other State Department officials to
be appointed by the President, by and with the advice and
consent of the Senate.’’.
(e) FOREIGN ASSISTANCE ACT OF 1961.—The Foreign Assistance
Act of 1961 is amended—
(1) in section 116(c) (22 U.S.C. 2151n), by striking ‘‘Assist-
ant Secretary for Human Rights and Humanitarian Affairs’’
and inserting ‘‘Assistant Secretary of State for Democracy,
Human Rights, and Labor’’;
(2) in sections 502B(b) (22 U.S.C. 2304(b)), 502B(c)(1) (22
U.S.C. 2304(c)), and 505(g)(4)(A) (22 U.S.C. 2314(g)(4)(A)) by
striking ‘‘Human Rights and Humanitarian Affairs’’ each place
it appears and inserting ‘‘Democracy, Human Rights, and
Labor’’;
(3) in section 573(c) by striking ‘‘Human Rights and
Humanitarian Affairs’’ and inserting ‘‘Democracy, Human
Rights, and Labor’’; and
(4) in section 624 by striking subsection (f).
H. R. 2333—25
(f) ARMS EXPORT CONTROL ACT.—Section 5(d)(1) of the Arms
Export Control Act is amended (22 U.S.C. 2755(d)(1)) by striking
‘‘Assistant Secretary of State for Human Rights and Humanitarian
Affairs’’ and inserting ‘‘Secretary of State’’.
(g) DIPLOMATIC SECURITY ACT.—The Omnibus Diplomatic Secu-
rity and Antiterrorism Act of 1986 is amended—
(1) in section 102(b) (22 U.S.C. 4801(b)) by—
(A) striking paragraph (2); and
(B) redesignating paragraphs (3) through (6) as para-
graphs (2) through (5), respectively;
(2) in subsection 103(a)—
(A) by inserting ‘‘(1)’’ before ‘‘The Secretary of State’’;
(B) by redesignating paragraphs (1) through (4) as
subparagraphs (A) through (D), respectively; and
(C) by inserting at the end the following new para-
graph:
‘‘(2) Security responsibilities shall include the following:
‘‘(A) FORMER OFFICE OF SECURITY FUNCTIONS.—Functions
and responsibilities exercised by the Office of Security, Depart-
ment of State, before November 11, 1985.
‘‘(B) SECURITY AND PROTECTIVE OPERATIONS.—
‘‘(i) Establishment and operations of post security and
protective functions abroad.
‘‘(ii) Development and implementation of communica-
tions, computer, and information security.
‘‘(iii) Emergency planning.
‘‘(iv) Establishment and operation of local guard serv-
ices abroad.
‘‘(v) Supervision of the United States Marine Corps
security guard program.
‘‘(vi) Liaison with American overseas private sector
security interests.
‘‘(vii) Protection of foreign missions and international
organizations, foreign officials, and diplomatic personnel
in the United States, as authorized by law.
‘‘(viii) Protection of the Secretary of State and other
persons designated by the Secretary of State, as authorized
by law.
‘‘(ix) Physical protection of Department of State facili-
ties, communications, and computer and information sys-
tems in the United States.
‘‘(x) Conduct of investigations relating to protection
of foreign officials and diplomatic personnel and foreign
missions in the United States, suitability for employment,
employee security, illegal passport and visa issuance or
use, and other investigations, as authorized by law.
‘‘(xi) Carrying out the rewards program for information
concerning international terrorism authorized by section
36(a) of the State Department Basic Authorities Act of
1956.
‘‘(xii) Performance of other security, investigative, and
protective matters as authorized by law.
‘‘(C) COUNTERTERRORISM PLANNING AND COORDINATION.—
Development and coordination of counterterrorism planning,
emergency action planning, threat analysis programs, and liai-
son with other Federal agencies to carry out this paragraph.
H. R. 2333—26
‘‘(D) SECURITY
TECHNOLOGY.—Development and imple-
mentation of technical and physical security programs, includ-
ing security-related construction, radio and personnel security
communications, armored vehicles, computer and communica-
tions security, and research programs necessary to develop
such measures.
‘‘(E) DIPLOMATIC COURIER SERVICE.—Management of the
diplomatic courier service.
‘‘(F) PERSONNEL
TRAINING.—Development of facilities,
methods, and materials to develop and upgrade necessary skills
in order to carry out this section.
‘‘(G) FOREIGN GOVERNMENT TRAINING.—Management and
development of antiterrorism assistance programs to assist for-
eign government security training which are administered by
the Department of State under chapter 8 of part II of the
Foreign Assistance Act of 1961 (22 U.S.C. 2349aa et seq.).’’;
(3) by striking section 104;
(4) by striking section 105;
(5) in section 107, by striking ‘‘The Chief of Protocol of
the Department of State shall consult with the Assistant Sec-
retary of Diplomatic Security’’ and inserting ‘‘The Secretary
of State shall take into account security considerations’’;
(6) in title II by amending the title heading to read as
follows: ‘‘TITLE II—PERSONNEL’’;
(7) by amending section 201 to read as follows:
‘‘SEC. 201. DIPLOMATIC SECURITY SERVICE.
‘‘The Secretary of State may establish a Diplomatic Security
Service, which shall perform such functions as the Secretary may
determine.’’;
(8) in section 202—
(A) by striking ‘‘The’’ in the first sentence and inserting
‘‘Any such’’;
(B) by striking ‘‘shall’’ each place it appears in the
first, third, and fourth sentences and inserting ‘‘should’’;
and
(C) by striking the last sentence;
(9) in section 203—
(A) by amending the heading to read as follows:
‘‘SEC. 203. SPECIAL AGENTS.’’;
(B) in the first sentence by striking ‘‘Positions in the
Diplomatic Security Service’’ and inserting ‘‘Special agent
positions’’; and
(C) in the last sentence by striking ‘‘In the case of
positions designated for special agents, the’’ and inserting
‘‘The’’; and
(10) in section 402(a)(2) by striking ‘‘Assistant Secretary
for Diplomatic Security’’ and inserting ‘‘Secretary of State’’.
(h) IMMIGRATION AND NATIONALITY ACT.—The Immigration and
Nationality Act (8 U.S.C. 1101 et seq.) is amended—
(1) in section 101(a)(1) (8 U.S.C. 1101(a)(1)) by striking
‘‘Assistant Secretary of State for Consular Affairs’’ and inserting
‘‘official designated by the Secretary of State pursuant to section
104(b) of this Act’’;
(2) in section 104 (8 U.S.C. 1104)—
(A) in the heading by striking ‘‘; BUREAU OF CONSULAR
AFFAIRS’’;
H. R. 2333—27
(B) in subsection (a), by striking ‘‘the Bureau of Con-
sular Affairs’’ and inserting ‘‘the Administrator’’;
(C) by amending subsection (b) to read as follows:
‘‘(b) The Secretary of State shall designate an Administrator
who shall be a citizen of the United States, qualified by experience.
The Administrator shall maintain close liaison with the appropriate
committees of Congress in order that they may be advised regarding
the administration of this Act by consular officers. The Adminis-
trator shall be charged with any and all responsibility and authority
in the administration of this Act which are conferred on the Sec-
retary of State as may be delegated to the Administrator by the
Secretary of State or which may be prescribed by the Secretary
of State, and shall perform such other duties as the Secretary
of State may prescribe.’’;
(D) in subsection (c), by striking ‘‘Bureau’’ and inserting
‘‘Department of State’’; and
(E) in subsection (d), by striking all after ‘‘respectively’’
before the period; and
(3) in section 105 (8 U.S.C. 1105) by striking ‘‘Assistant
Secretary of State for Consular Affairs’’ and inserting ‘‘Adminis-
trator’’ each place it appears.
(i) DEPARTMENT OF STATE APPROPRIATIONS ACT, 1989.—Section
306 of the Department of State Appropriations Act, 1989 (Public
Law 100–459) is repealed.
(j) DEPARTMENT OF DEFENSE APPROPRIATIONS ACT, FISCAL YEAR
1989.—Section 8125 of the Department of Defense Appropriations
Act, Fiscal Year 1989 (Public Law 100–463) is amended by striking
subsection (c).
(k) STATE DEPARTMENT BASIC AUTHORITIES ACT OF 1956.—
(1) Section 35 of the State Department Basic Authorities Act of
1956 (22 U.S.C. 2707) is amended—
(A) by striking subsection (a); and
(B) in subsection (b)—
(i) by striking the text preceding paragraph (1) and
inserting the following: ‘‘The Secretary of State shall be
responsible for formulation, coordination, and oversight of
foreign policy related to international communications and
information policy. The Secretary of State shall—’’;
(ii) by striking paragraph (2);
(iii) by redesignating paragraph (1) as paragraph (2);
(iv) by inserting before paragraph (2) (as so redesig-
nated) the following:
‘‘(1) exercise primary authority for the conduct of foreign
policy with respect to such telecommunications functions,
including the determination of United States positions and
the conduct of United States participation in negotiations with
foreign governments and international bodies. In exercising
this responsibility, the Secretary shall coordinate with other
agencies as appropriate, and, in particular, shall give full
consideration to the authority vested by law or Executive order
in the Federal Communications Commission, the Department
of Commerce and the Office of the United States Trade Rep-
resentative in this area;’’;
(v) in paragraph (2) (as so redesignated) by striking
‘‘with the bureaus and offices of the Department of State
and’’, and inserting before the semicolon ‘‘and with the
Federal Communications Commission, as appropriate’’; and
H. R. 2333—28
(vi) in paragraph (3), by striking ‘‘the Senior Inter-
agency Group on International Communications and
Information Policy’’ and inserting ‘‘any senior interagency
policymaking group on international telecommunications
and information policy and chair such interagency meetings
as may be necessary to coordinate actions on pending
issues;’’.
(2) Nothing in the amendments made by paragraph (1) affects
the nature or scope of the authority that is on the date of enactment
of this Act vested by law or Executive order in the Department
of Commerce, the Office of the United States Trade Representative,
the Federal Communications Commission, or any officer thereof.
(3) Section 3 of the State Department Basic Authorities Act
of 1956 (22 U.S.C. 2670) is amended—
(A) by striking ‘‘and’’ at the end of subsection (k);
(B) by striking the period at the end of subsection (l)
and inserting ‘‘; and’’; and
(C) by adding at the end the following:
‘‘(m) establish, maintain, and operate passport and dispatch
agencies.’’.
(4) Section 2 of the State Department Basic Authorities Act
of 1956 is amended by striking ‘‘(l) pay’’ and inserting ‘‘(m) pay’’.
(m) REFUGEE ACT OF 1980.—The Refugee Act of 1980 (Public
Law 96–212) is amended—
(1) in the heading for title III, by striking ‘‘UNITED
STATES COORDINATOR FOR REFUGEE AFFAIRS AND’’;
(2) by striking the heading for part A;
(3) by repealing section 301; and
(4) by striking the heading for part B.
(n) IMMIGRATION AND NATIONALITY ACT.—
(1) Section 411(b) of the Immigration and Nationality Act
(8 U.S.C. 1521(b)) is amended by striking ‘‘and under the gen-
eral policy guidance of the United States Coordinator for Refu-
gee Affairs (hereinafter in this chapter referred to as the
‘Coordinator’)’’ and inserting ‘‘the Secretary of State’’.
(2) Section 412 of the Immigration and Nationality Act
(8 U.S.C. 1522) is amended—
(A) in subsection (a)(2)(A), by striking ‘‘, together with
the Coordinator,’’;
(B) in subsections (b)(3) and (b)(4), by striking ‘‘in
consultation with the Coordinator,’’; and
(C) in subsection (e)(7)(C), by striking ‘‘, in consultation
with the United States Coordinator for Refugee Affairs,’’.
(3) Section 413(a) of the Immigration and Nationality Act
(8 U.S.C. 1523) is amended by striking ‘‘, in consultation with
the Coordinator,’’.
(o) STATE DEPARTMENT BASIC AUTHORITIES ACT.—Title II of
the State Department Basic Authorities Act of 1956 (22 U.S.C.
4301 et seq.) is amended—
(1) in section 202(a) by striking paragraph (3) and
redesignating paragraphs (4) through (8) as paragraphs (3)
through (7);
(2) in section 203 by amending such section to read as
follows:
‘‘AUTHORITIES OF THE SECRETARY OF STATE
‘‘SEC. 203. The Secretary shall carry out the following functions:
H. R. 2333—29
‘‘(1) Assist agencies of Federal, State, and municipal
government with regard to ascertaining and according benefits,
privileges, and immunities to which a foreign mission may
be entitled.
‘‘(2) Provide or assist in the provision of benefits for or
on behalf of a foreign mission in accordance with section 204.
‘‘(3) As determined by the Secretary, dispose of property
acquired in carrying out the purposes of this Act.
‘‘(4) As determined by the Secretary, designate an office
within the Department of State to carry out the purposes
of this Act. If such an office is established, the President may
appoint, by and with the advice and consent of the Senate,
a Director, with the rank of ambassador. Of the Director and
the next most senior person in the office, one should be an
individual who has served in the Foreign Service and the
other should be an individual who has served in the United
States intelligence community.
‘‘(5) Perform such other functions as the Secretary may
determine necessary in furtherance of the policy of this title.’’;
(3) in section 204—
(A) in subsections (a), (b), and (c), by striking ‘‘Director’’
each place it appears and inserting ‘‘Secretary’’; and
(B) in paragraph (d), by striking ‘‘the Director or any
other’’ and inserting ‘‘any’’;
(4) in section 204A, by striking ‘‘Director’’ each place it
appears and inserting ‘‘Secretary’’;
(5) in section 205—
(A) in subsection (a), by striking ‘‘Director’’ and insert-
ing ‘‘Secretary’’; and
(B) in subsection (c)(2) by striking ‘‘authorize the Direc-
tor to’’; and
(6) in section 208—
(A) in subsection (d) by striking ‘‘Director’’ and insert-
ing in its place ‘‘Secretary’’;
(B) in subsections (c), (e), and (f), by striking ‘‘Office
of Foreign Missions’’ each place it appears and inserting
‘‘Department of State’’; and
(C) in subsection (h)(2) by striking ‘‘Director or the’’.
(p) OFFICE OF COUNSELOR; LEGAL ADVISER.—
(1) The Act entitled ‘‘An Act to create the Office of Coun-
selor of the United States’’ (May 18, 1937; Public Law 75–
91; 22 U.S.C. 2655) is repealed.
(2) The Act entitled ‘‘An Act for the reorganization and
improvement of the Foreign Service of the United States and
for other purposes’’ (May 24, 1924; Public Law 68–135; 22
U.S.C. 2654) is amended by striking section 30.
(q) AMENDMENT TO THE DEPARTMENT OF STATE APPROPRIATIONS
AUTHORIZATION ACT
OF 1973.—Section 9 of the Department of
State Appropriations Authorization Act of 1973 (22 U.S.C. 2655)
is amended—
(1) in subsection (a)—
(A) by striking ‘‘In addition to the positions provided
under the first section of the Act of May 26, 1949, as
amended (22 U.S.C. 2652), there’’ and inserting ‘‘There’’;
and
H. R. 2333—30
(B) by inserting before the period at the end of the
subsection ‘‘and for such other related duties as the Sec-
retary may from time to time designate’’; and
(2) by striking subsection (b).
SEC. 163. DIRECTOR GENERAL OF THE FOREIGN SERVICE.
Section 208 of the Foreign Service Act of 1980 (22 U.S.C.
3928) is amended to read as follows:
‘‘SEC. 208. DIRECTOR GENERAL OF THE FOREIGN SERVICE.
‘‘The President shall appoint, by and with the advice and con-
sent of the Senate, a Director General of the Foreign Service,
who shall be a current or former career member of the Foreign
Service. The Director General should assist the Secretary of State
in the management of the Service and perform such functions
as the Secretary of State may prescribe.’’.
SEC. 164. ADMINISTRATIVE EXPENSES.
(a) ADMINISTRATIVE EXPENSES FOR NARCOTICS, TERRORISM, AND
CRIME.—Section 482 of the Foreign Assistance Act of 1961 (22
U.S.C. 2291a) is amended by adding the following new subsection:
‘‘(d) ADMINISTRATIVE ASSISTANCE.—(1) Except as provided in
paragraph (2), personnel funded pursuant to this section are author-
ized to provide administrative assistance to personnel assigned
to the bureau designated by the Secretary of State to replace
the Bureau for International Narcotics Matters.
‘‘(2) Paragraph (1) shall not apply to the extent that it would
result in a reduction in funds available for antinarcotics assistance
to foreign countries.’’.
(b) AMENDMENT TO THE MIGRATION AND REFUGEE ASSISTANCE
ACT.—Section 5 of the Migration and Refugee Assistance Act (22
U.S.C. 2605) is amended by adding at the end the following new
subsection:
‘‘(c) Personnel funded pursuant to this section are authorized
to provide administrative assistance to personnel assigned to the
bureau charged with carrying out this Act.’’.
PART D—PERSONNEL
Subpart 1—General Provisions
SEC. 171. LABOR-MANAGEMENT RELATIONS.
Section 1017(e) of the Foreign Service Act of 1980 (22 U.S.C.
4117(e)) is amended to read as follows:
‘‘(e)(1) Notwithstanding any other provision of this chapter—
‘‘(A) participation in the management of a labor orga-
nization for purposes of collective bargaining or acting as a
representative of a labor organization for such purposes is
prohibited under this chapter—
‘‘(i) on the part of any management official or confiden-
tial employee;
‘‘(ii) on the part of any individual who has served
as a management official or confidential employee during
the preceding two years; or
‘‘(iii) on the part of any other employee if the participa-
tion or activity would result in a conflict of interest or
apparent conflict of interest or would otherwise be
H. R. 2333—31
incompatible with law or with the official functions of such
employee; and
‘‘(B) service as a management official or confidential
employee is prohibited on the part of any individual having
participated in the management of a labor organization for
purposes of collective bargaining or having acted as a represent-
ative of a labor organization during the preceding two years.
‘‘(2) For the purposes of paragraph (1)(A)(ii) and paragraph
(1)(B), the term ‘management official’ shall not include chiefs of
mission, principal officers and their deputies, and administrative
and personnel officers abroad.’’.
SEC. 172. WAIVER OF LIMITATION FOR CERTAIN CLAIMS FOR PER-
SONAL PROPERTY DAMAGE OR LOSS.
(a) CLAIMS RESULTING FROM EMERGENCY EVACUATION
IN
A
FOREIGN COUNTRY.—Subsection 3721(b) of title 31 of the United
States Code is amended—
(1) by inserting ‘‘(1)’’ after ‘‘(b)’’; and
(2) by adding after paragraph (1), as so designated, the
following:
‘‘(2) The Secretary of State may waive the settlement and
payment limitation referred to in paragraph (1) for claims for dam-
age or loss by United States Government personnel under the
jurisdiction of a chief of mission in a foreign country if such claims
arise in circumstances where there is in effect a departure from
the country authorized or ordered under circumstances described
in section 5522(a) of title 5, if the Secretary determines that there
exists exceptional circumstances that warrant such a waiver.’’.
(b) RETROACTIVE APPLICATION.—The amendments made by sub-
section (a) shall apply with respect to claims arising on or after
October 31, 1988.
SEC. 173. SENIOR FOREIGN SERVICE PERFORMANCE PAY.
(a) PROHIBITION
ON
AWARDS.—Notwithstanding any other
provision of law, the Secretary of State may not award or pay
performance payments for fiscal years 1994 and 1995 under section
405 of the Foreign Service Act of 1980 (22 U.S.C. 3965), unless
the Secretary awards or pays performance awards to other Federal
employees for such fiscal years.
(b) AWARDS IN SUBSEQUENT FISCAL YEARS.—The Secretary may
not make a performance award or payment in any fiscal year
after a fiscal year referred to in subsection (a) for the purpose
of providing an individual with a performance award or payment
to which the individual would otherwise have been entitled in
a fiscal year referred to in such subsection but for the prohibition
described in such subsection.
(c) APPLICATION TO USIA, AID, AND ACDA.—Subsections (a)
and (b) shall apply to the United States Information Agency, the
Agency for International Development, and the Arms Control and
Disarmament Agency in the same manner as such subsections
apply to the Department of State, except that the Director of the
United States Information Agency, the Administrator of the Agency
for International Development, and the Director of the Arms Control
and Disarmament Agency shall be subject to the limitations and
authority of the Secretary of State under subsections (a) and (b)
for their respective agencies.
H. R. 2333—32
(d) AMENDMENT TO FOREIGN SERVICE ACT OF 1980.—Section
405(b)(4) of the Foreign Service Act of 1980 (22 U.S.C. 3965(b)(4))
is amended to read as follows:
‘‘(4) Any award under this section shall be subject to the
limitation on certain payments under section 5307 of title 5,
United States Code.’’.
SEC. 174. REASSIGNMENT AND RETIREMENT OF FORMER PRESI-
DENTIAL APPOINTEES.
Section 813 of the Foreign Service Act of 1980 (22 U.S.C.
4053) is amended by striking all that follows the section caption
and inserting the following:
‘‘(a) A participant, who completes an assignment under section
302(b) in a position to which the participant was appointed by
the President, and is not otherwise eligible for retirement—
‘‘(1) shall be reassigned within 90 days after the termi-
nation of such assignment and any period of authorized leave,
or
‘‘(2) if the Secretary of State determines that reassignment
is not in the interest of the Foreign Service, shall be retired
from the Service and receive retirement benefits in accordance
with section 806 or 855, as appropriate.
‘‘(b) A participant who completes an assignment under section
302(b) in a position to which the participant was appointed by
the President and is eligible for retirement and is not reassigned
within 90 days after the termination of such assignment and any
period of authorized leave, shall be retired from the Service and
receive retirement benefits in accordance with section 806 or section
855, as appropriate.
‘‘(c) A participant who is retired under subsection (a)(2) and
is subsequently employed by the United States Government, there-
after, shall be eligible to retire only under the terms of the
applicable retirement system.’’.
SEC. 175. REPORT ON CLASSIFICATION OF SENIOR FOREIGN SERVICE
POSITIONS.
(a) AUDIT AND REVIEW.—Not later than December 31, 1994,
the Comptroller General of the United States shall conduct a classi-
fication audit of all Senior Foreign Service positions in Washington,
District of Columbia, assigned to the Department of State, the
Agency for International Development, and the United States
Information Agency and shall review the methods for classification
of such positions.
(b) REPORT.—Not later than March 1, 1995, the Comptroller
General shall submit a report of such audit and review to the
Committee on Foreign Relations of the Senate and the Committee
on Foreign Affairs of the House of Representatives.
SEC. 176. ALLOWANCES.
(a) 
AWAY-FROM-POST
EDUCATION
ALLOWANCE.—Section
5924(4)(A) of title 5, United States Code, is amended by inserting
after the first sentence the following: ‘‘When travel from school
to post is infeasible, travel may be allowed between the school
attended and the home of a designated relative or family friend
or to join a parent at any location, with the allowable travel expense
not to exceed the cost of travel between the school and the post.’’.
(b) EDUCATIONAL TRAVEL FOR COLLEGE STUDENTS STUDYING
ABROAD.—Section 5924(4)(B) of title 5, United States Code, is
H. R. 2333—33
amended in the first sentence after ‘‘in the United States’’ by
inserting ‘‘(or to and from a school outside the United States if
the dependent is attending that school for less than one year under
a program approved by the school in the United States at which
the dependent is enrolled, with the allowable travel expense not
to exceed the cost of travel to and from the school in the United
States)’’.
SEC. 177. GRIEVANCES.
(a) GRIEVANCE BOARD PROCEDURES.—Section 1106 of the For-
eign Service Act of 1980 (22 U.S.C. 4136) is amended in the first
sentence of paragraph (8) by striking ‘‘until the Board has ruled
upon the grievance.’’ and inserting ‘‘until the date which is one
year after such determination or until the Board has ruled upon
the grievance, whichever comes first. The Board shall extend the
one-year limitation under the preceding sentence and the Depart-
ment shall continue to suspend such action, if the Board determines
that the agency or the Board is responsible for the delay in the
resolution of the grievance. The Board may also extend the 1-
year limit if it determines that the delay is due to the complexity
of the case, the unavailability of witnesses or to circumstances
beyond the control of the agency, the Board or the grievant.’’.
(b) TIME LIMITATION ON REQUESTS FOR JUDICIAL REVIEW.—
Section 1110 of the Foreign Service Act of 1980 (22 U.S.C. 4140)
is amended in the first sentence by inserting before the period
‘‘, if the request for judicial review is filed not later than 180
days after the final action of the Secretary or the Board (or in
the case of an aggrieved party who is posted abroad at the time
of the final action of the Secretary or the Board, if the request
for judicial review is filed not later than 180 days after the aggrieved
party’s return to the United States)’’.
SEC. 178. MID-LEVEL WOMEN AND MINORITY PLACEMENT PROGRAM.
(a) PURPOSE.—It is the purpose of this section to promote
the acquisition and retention of highly qualified, trained, and experi-
enced women and minority personnel within the Foreign Service,
to provide the maximum opportunity for the Foreign Service to
meet staffing needs and to acquire the services of experienced
and talented women and minority personnel, and to help alleviate
the impact of downsizing, reduction-in-force, and budget restrictions
occurring in the defense and national security-related agencies of
the United States.
(b) ESTABLISHMENT.—For each of the fiscal years 1994 and
1995, the Secretary of State shall to the maximum extent prac-
ticable appoint to the Foreign Service qualified women and minority
applicants who are participants in the priority placement program
of the Department of Defense, the Department of Defense out-
placement referral program, the Office of Personnel Management
Automated Applicant Referral System, or the Office of Personnel
Management Interagency Placement Program. The Secretary shall
make such appointments through the mid-level entry program of
the Department of State under section 306 of the Foreign Service
Act of 1980.
(c) REPORT.—Not later than 180 days after the date of enact-
ment of this Act, the Secretary of State shall prepare and submit
a report concerning the implementation of subsection (a) to the
Chairman of the Committee on Foreign Relations of the Senate
and the Speaker of the House of Representatives. Such report
H. R. 2333—34
shall include recommendations on methods to improve implementa-
tion of the purpose of this section.
SEC. 179. EMPLOYMENT ASSISTANCE REFERRAL SYSTEM FOR CER-
TAIN MEMBERS OF THE FOREIGN SERVICE.
(a) REFERRAL SYSTEM.—Certain members of the Foreign Service
(as described in subsection (b)), may participate in the Office of
Personnel Management’s Interagency Placement programs or any
successor program. Such members of the Foreign Service shall
be treated in the same manner as employees participating in such
a program as of the effective date of this Act.
(b) CERTAIN MEMBERS OF THE FOREIGN SERVICE.—For purposes
of this section, the term ‘‘members of the Foreign Service’’ means
any individual holding a career or career candidate appointment
under chapter 3 of the Foreign Service Act of 1980.
SEC. 180. UNITED STATES CITIZENS HIRED ABROAD.
(a) AMENDMENTS TO THE FOREIGN SERVICE ACT OF 1980.—
The Foreign Service Act of 1980 (22 U.S.C. 3901 et seq.) is amended
as follows:
(1) Section 309(b) of such Act is amended—
(A) by striking ‘‘and’’ at the end of paragraph (3);
(B) by striking the period at the end of paragraph
(4); and
(C) by inserting at the end ‘‘; and (5) as a foreign
national employee.’’.
(2) Section 311 of such Act is amended to read as follows:
‘‘(a) The Secretary, under section 303, may appoint United
States citizens, who are family members of government employees
assigned abroad or are hired for service at their post of residence,
for employment in positions customarily filled by Foreign Service
officers, Foreign Service personnel, and foreign national employees.
‘‘(b) The fact that an applicant for employment in a position
referred to in subsection (a) is a family member of a Government
employee assigned abroad shall be considered an affirmative factor
in employing such person.
‘‘(c)(1) Non-family members employed under this section for
service at their post of residence shall be paid in accordance with
local compensation plans established under section 408.
‘‘(2) Family members employed under this section shall be
paid in accordance with the Foreign Service Schedule or the salary
rates established under section 407.
‘‘(3) In exceptional circumstances, non-family members may
be paid in accordance with the Foreign Service Schedule or the
salary rates established under section 407, if the Secretary deter-
mines that the national interest would be served by such payments.
‘‘(d) Nonfamily member United States citizens employed under
this section shall not be eligible for benefits under chapter 8 of
this Act, or under chapters 83 or 84 of title 5, United States
Code.’’.
(3) Section 404(a) of such Act is amended by striking ‘‘who
are family members of Government employees paid in accord-
ance with a local compensation plan established under’’.
(4) Section 408 of such Act is amended—
(A) in subsection (a)(1) by striking the first sentence
and inserting ‘‘The Secretary shall establish compensation
(including position classification) plans for foreign national
H. R. 2333—35
employees of the Service and United States citizens
employed under section 311(c)(1).’’;
(B) in the second sentence of subsection (a)(1), by strik-
ing ‘‘employed in the Service abroad who were hired while
residing abroad and to those family members of Govern-
ment employees who are paid in accordance with such
plans’’;
(C) in the third sentence of subsection (a)(1), by striking
‘‘foreign national’’ each place it appears; and
(D) by adding at the end of subsection (a)(1) the follow-
ing: ‘‘For United States citizens under a compensation plan,
the Secretary shall (A) provide such citizens with a total
compensation package (including wages, allowances, bene-
fits, and other employer payments, such as for social secu-
rity) that has the equivalent cost to that received by foreign
national employees occupying a similar position at that
post and (B) define those allowances and benefits provided
under United States law which shall be included as part
of this total compensation package, notwithstanding any
other provision of law, except that this section shall not
be used to override United States minimum wage require-
ments, or any provision of the Social Security Act or the
Internal Revenue Code.
(5) Section 504(b) of such Act is amended by inserting
‘‘(other than those employed in accordance with section 311)’’
after ‘‘citizen of the United States’’.
(6) Section 601(b)(2) of such Act is amended—
(A) by striking ‘‘and’’ the last place it appears; and
(B) by inserting ‘‘and other members of the Service’’
after ‘‘categories of career candidates,’’.
(7) Section 611 of such Act is amended by striking all
that follows ‘‘Foreign Service Schedule’’ and inserting ‘‘or who
is paid in accordance with section 407 or is a United States
citizen paid under a compensation plan under section 408.’’.
(8) Section 903(a) of such Act is amended by inserting
‘‘(other than a member employed under section 311)’’ after
‘‘member of the Service’’ each place it appears.
(9) Section 1002(8)(A) of such Act is amended by inserting
‘‘a member of the Service who is a United States citizen (other
than a family member) employed under section 311,’’ after
‘‘a consular agent,’’.
(10) Section 1101(a)(1) of such Act is amended by inserting
‘‘(other than a United States citizen employed under section
311 who is not a family member)’’ after ‘‘citizen of the United
States’’.
(b) AMENDMENTS TO THE STATE DEPARTMENT BASIC AUTHORI-
TIES ACT OF 1956.—Section 2(c) of the State Department Basic
Authorities Act of 1956 (22 U.S.C. 2669(c)) is amended by inserting
before the period: ‘‘; and such contracts are authorized to be nego-
tiated, the terms of the contracts to be prescribed, and the work
to be performed, where necessary, without regard to such statutory
provisions as relate to the negotiation, making, and performance
of contracts and performance of work in the United States’’.
H. R. 2333—36
SEC. 181. REDUCTION IN FORCE AUTHORITY WITH REGARD TO CER-
TAIN MEMBERS OF THE FOREIGN SERVICE.
(a) IN GENERAL.—The Foreign Service Act of 1980 (22 U.S.C.
4001 et seq.) is amended as follows:
(1) By redesignating sections 611, 612, and 613 as sections
612, 613, and 614, respectively.
(2) By inserting after section 610 the following new section:
‘‘SEC. 611. REDUCTIONS IN FORCE.
‘‘(a) The Secretary may conduct reductions in force and shall
prescribe regulations for the separation of members of the Service
holding a career or career candidate appointment under chapter
3 of this Act, under such reductions in force which give due effect
to the following:
‘‘(1) Organizational changes.
‘‘(2) Documented employee knowledge, skills, or com-
petencies.
‘‘(3) Tenure of employment.
‘‘(4) Documented employee performance.
‘‘(5) Military preference, subject to section 3501(a)(3) of
title 5, United States Code.
‘‘(b) The provisions of section 609 shall be applicable to any
member of the Service holding a career or career candidate appoint-
ment under chapter 3 of this Act, who is separated under the
provisions of this section.
‘‘(c) An employee against whom action is taken under this
section may elect either to file a grievance under chapter 11 or
to appeal to the Merit Systems Protection Board under procedures
prescribed by the Board. Grievances under chapter 11 shall be
limited to cases of reprisal, interference in the conduct of an employ-
ee’s official duties, or similarly inappropriate use of the authority
of this section.’’.
(3) By amending section 609 (22 U.S.C. 4009)—
(A) in subsection (a)(2), by inserting ‘‘or 611’’ after
‘‘608(b)’’; and
(B) in subsection (b) by inserting ‘‘or 611’’ after ‘‘608(b)’’.
(4) Chapter 11 of the Foreign Service Act of 1980 is
amended—
(A) in section 1101(b)(3) by striking ‘‘611’’ and inserting
‘‘612’’; and
(B) in section 1106(8) by inserting before the period
at the end of the paragraph ‘‘or with respect to any action
which would delay the separation of an employee pursuant
to a reduction in force conducted under section 611’’.
(5) The table of contents for the Foreign Service Act is
amended by striking out the items related to sections 611,
612, and 613 and inserting in lieu thereof the following:
‘‘Sec. 611. Reductions in force.
‘‘Sec. 612. Termination of limited appointments.
‘‘Sec. 613. Termination of appointments of consular agents and foreign national em-
ployees.
‘‘Sec. 614. Foreign Service awards.’’.
(b) MANAGEMENT RIGHTS.—Section 1005 of the Foreign Service
Act of 1980 (22 U.S.C. 4105(a)) is amended—
(1) by redesignating paragraphs (3) through (6) as para-
graphs (4) through (7), respectively; and
(2) by inserting after paragraph (2) the following new para-
graph:
H. R. 2333—37
‘‘(3) to conduct reductions in force, and to prescribe regula-
tions for the separation of employees pursuant to such reduc-
tions in force conducted under section 611;’’.
(c) CONSULTATION.—The Secretary of State (or in the case of
any other agency authorized by law to utilize the Foreign Service
personnel system), the head of that agency shall consult with the
Director of the Office of Personnel Management before prescribing
regulations for reductions in force under section 611 of the Foreign
Service Act of 1980 (as added by subsection (a) of this section),
and shall publish such regulations.
SEC. 182. RESTORATION OF WITHHELD BENEFITS.
(a) ELIGIBILITY.—With respect to any person for which the
Secretary of State and the Secretary concerned within the Depart-
ment of Defense has approved the employment or the holding
of a position pursuant to the provisions of section 1058, title 10,
United States Code, before the date of enactment of this Act,
the consents, approvals and determinations under that section shall
be deemed to be effective as of January 1, 1993.
(b) TECHNICAL CORRECTION.—Subsection (d) of section 1433
of Public Law 103–160 is repealed.
Subpart 2—Foreign Language Competence Within
the Foreign Service
SEC. 191. FOREIGN LANGUAGE COMPETENCE WITHIN THE FOREIGN
SERVICE.
(a) REGULATIONS.—Not later than 180 days after the date of
enactment of this Act, the Secretary of State shall promulgate
regulations—
(1) establishing hiring preferences for Foreign Service Offi-
cer candidates competent in languages, with priority preference
given to those languages in which the Department of State
has a deficit;
(2) establishing a standard that employees will not receive
long-term training in more than 3 languages, and requiring
that employees achieve full professional proficiency (S4/R4) in
1 language as a condition for training in a third, with exceptions
for priority needs of the service at the discretion of the Director
General;
(3) requiring that employees receiving long-term training
in a language, or hired with a hiring preference for a language,
serve at least 2 tours in jobs requiring that language, with
exceptions for certain limited-use languages and priority needs
of the service at the discretion of the Director General;
(4) requiring that significant consideration be given to for-
eign language competence and use in the evaluation, assign-
ment, and promotion of all Foreign Service Officers of the
Department of State;
(5) requiring the identification of appropriate Washington,
D.C. metropolitan area positions as language-designated; and
(6) requiring remedial training and suspension of language
differential payments for employees receiving such payments
who have failed to maintain required levels of proficiency.
(b) REPEAL.—Section 164 of the Foreign Relations Authorization
Act, Fiscal Years 1990 and 1991 (22 U.S.C. 4001 note; Public
Law 101–246) is repealed.
H. R. 2333—38
SEC. 192. DESIGNATION 
OF 
FOREIGN 
LANGUAGE 
RESOURCES
COORDINATOR.
(a) POLICY.—It is the sense of the Congress that—
(1) the Department of State, by virtue of the Secretary’s
overall responsibility under section 701(a) of the Foreign Service
Act of 1980 (22 U.S.C. 4011(a)) for training and instruction
in the field of foreign relations to meet the needs of all Federal
agencies, should take the lead in this interagency effort; and
(2) in order to promote efficiency and quality in the training
provided by the Secretary of State and other Federal agencies,
the Secretary should call upon other agencies to share in the
joint management and coordination of Federal foreign language
resources.
(b) FOREIGN LANGUAGE RESOURCES COORDINATOR.—
(1) The Secretary of State should appoint a Foreign Lan-
guage Resources Coordinator (in this subsection referred to
as the ‘‘Coordinator’’) who shall be responsible—
(A) for coordinating the efforts of the appropriate agen-
cies of Government—
(i) to strengthen mechanisms for sharing of foreign
language resources; and
(ii) to identify Federal foreign language resource
requirements in the areas of diplomacy, military
preparedness, international security, and other foreign
policy objectives; and
(B) for making recommendations to the Secretary of
State as to which Federal foreign language assets, if any,
should be made available to the private sector in support
of national global economic competitiveness goals.
(2) All appropriate United States Government agencies
maintaining and utilizing Federal foreign language training
and related resources shall cooperate fully with any Coordina-
tor.
SEC. 193. FOREIGN LANGUAGE SERVICES.
(a) SURCHARGE FOR CERTAIN FOREIGN LANGUAGE SERVICES.—
Notwithstanding any other provision of law, the Secretary of State
is authorized to require the payment of an appropriate fee, sur-
charge, or reimbursement for providing other Federal agencies with
foreign language translation and interpretation services.
(b) USE OF FUNDS.—Funds collected under the authority of
subsection (a) shall be deposited as an offsetting collection to any
Department of State appropriation to recover the cost of providing
translation or interpretation services in any foreign language. Such
funds may remain available until expended.
H. R. 2333—39
TITLE II—UNITED STATES INFORMA-
TIONAL, 
EDUCATIONAL, 
AND 
CUL-
TURAL PROGRAMS
PART A—AUTHORIZATION OF
APPROPRIATIONS
SEC. 201. AUTHORIZATION OF APPROPRIATIONS.
(a) IN GENERAL.—The following amounts are authorized to
be appropriated to carry out international information activities,
and educational and cultural exchange programs under the United
States Information and Educational Exchange Act of 1948, the
Mutual Educational and Cultural Exchange Act of 1961, Reorga-
nization Plan Number 2 of 1977, the Radio Broadcasting to Cuba
Act, the Television Broadcasting to Cuba Act, the Board for Inter-
national Broadcasting Act, the Inspector General Act of 1978, the
Center for Cultural and Technical Interchange Between North and
South Act, the National Endowment for Democracy Act, and to
carry out other authorities in law consistent with such purposes:
(1) SALARIES AND EXPENSES.—For ‘‘Salaries and Expenses’’,
$487,988,000 for the fiscal year 1994 and $494,862,000 for
the fiscal year 1995.
(2) EDUCATIONAL AND CULTURAL EXCHANGE PROGRAMS.—
(A) FULBRIGHT ACADEMIC EXCHANGE PROGRAMS.—For
the 
‘‘Fulbright 
Academic 
Exchange 
Programs’’,
$130,538,000 for the fiscal year 1994 and $126,312,000
for the fiscal year 1995.
(B) OTHER
PROGRAMS.—For ‘‘Hubert H. Humphrey
Fellowship Program’’, ‘‘Edmund S. Muskie Fellowship Pro-
gram’’, ‘‘International Visitors Program’’, ‘‘Israeli-Arab
Scholarship Program’’, ‘‘Mike Mansfield Fellowship Pro-
gram’’, ‘‘Claude and Mildred Pepper Scholarship Program
of the Washington Workshops Foundation’’, ‘‘Citizen
Exchange Programs’’, ‘‘Congress-Bundestag Exchange Pro-
gram’’, ‘‘Newly Independent States and Eastern Europe
Training’’, ‘‘Institute for Representative Government’’,
‘‘American Studies Collections’’, ‘‘South Pacific Exchanges’’,
‘‘East Timorese Scholarships’’, ‘‘Cambodian Scholarships’’,
and ‘‘Arts America’’, $96,962,000 for the fiscal year 1994
and $97,046,000 for the fiscal year 1995.
(3) BROADCASTING TO CUBA.—For ‘‘Broadcasting to Cuba’’,
$21,000,000 for the fiscal year 1994 and $27,609,000 for the
fiscal year 1995.
(4) INTERNATIONAL BROADCASTING ACTIVITIES.—For ‘‘Inter-
national Broadcasting Activities’’ under title III, $541,676,000
for the fiscal year 1994, and $609,740,000 for the fiscal year
1995.
(5) OFFICE
OF
THE
INSPECTOR
GENERAL.—For ‘‘Office of
the Inspector General’’, $4,247,000 for the fiscal year 1994
and $4,396,000 for the fiscal year 1995.
(6) CENTER FOR CULTURAL AND TECHNICAL INTERCHANGE
BETWEEN EAST AND WEST.—For ‘‘Center for Cultural and Tech-
nical Interchange between East and West’’, $26,000,000 for
the fiscal year 1994 and $24,500,000 for the fiscal year 1995.
H. R. 2333—40
(7) TITLE V OF PUBLIC LAW 98–164.—To carry out title V
of Public Law 98–164, $35,000,000 for the fiscal year 1994
and $35,000,000 for the fiscal year 1995.
(b) LIMITATIONS.—
(1) Of the amounts authorized to be appropriated for ‘‘Sala-
ries and Expenses’’ under section 201(a)(1) for fiscal year 1995,
$500,000 is authorized to be appropriated for expenses and
activities related to United States participation in the 1996
Budapest World’s Fair (Budapest Expo ’96).
(2) Of the amounts authorized to be appropriated for ‘‘Ful-
bright 
Academic 
Exchange 
Programs’’ 
under 
subsection
(a)(2)(A)—
(A) $3,000,000 is authorized to be available for fiscal
year 1995 for the Vietnam Scholarship Program established
by section 229 of the Foreign Relations Authorization Act,
Fiscal Years 1992 and 1993 (Public Law 102–138); and
(B) $1,500,000 is authorized to be available for fiscal
year 1994 and $2,000,000 is authorized to be available
for fiscal year 1995, for the ‘‘Environment and Sustainable
Development Exchange Program’’ established by section
241.
(3) Of the amounts authorized to be appropriated for ‘‘Other
Programs’’ under subsection (a)(2)(B) $1,000,000 is authorized
to be available for each of the fiscal years 1994 and 1995
for the ‘‘American Studies Collections’’ program established
under section 235.
PART B—USIA AND RELATED AGENCIES
AUTHORITIES AND ACTIVITIES
SEC. 221. USIA OFFICE IN LHASA, TIBET.
(a) ESTABLISHMENT OF OFFICE.—The Director of the United
States Information Agency shall seek to establish an office in Lhasa,
Tibet, for the purpose of—
(1) disseminating information about the United States;
(2) promoting discussions on conflict resolution and human
rights;
(3) facilitating United States private sector involvement
in educational and cultural activities in Tibet; and
(4) advising the United States Government with respect
to Tibetan public opinion.
(b) REPORT BY THE DIRECTOR OF USIA.—Not later than April
1 of each year, the Director of the United States Information Agency
shall submit a detailed report on developments relating to the
implementation of this section to the Committee on Foreign Rela-
tions of the Senate and the Committee on Foreign Affairs of the
House of Representatives.
SEC. 222. CHANGES IN ADMINISTRATIVE AUTHORITIES.
Section 801 of the United States Informational and Educational
Exchange Act of 1948 (22 U.S.C. 1471) is amended—
(1) in paragraph (5) by striking ‘‘and’’ after the semicolon;
(2) in paragraph (6) by striking the period at the end
and inserting ‘‘; and’’; and
(3) by adding at the end the following:
‘‘(7) notwithstanding any other provision of law, to carry
out projects involving security construction and related
H. R. 2333—41
improvements for Agency facilities not physically located
together with Department of State facilities abroad.’’.
SEC. 223. EMPLOYMENT AUTHORITY.
For fiscal years 1994 and 1995, the Director of the United
States Information Agency may, in carrying out the provisions
of the United States Information and Educational Exchange Act
of 1948, employ individuals or organizations by contract for services
to be performed in the United States or abroad, who shall not,
by virtue of such employment, be considered to be employees of
the United States Government for the purposes of any law adminis-
tered by the Office of Personnel Management, except that the
Director may determine the applicability to such individuals of
section 804(5) of that Act.
SEC. 224. BUYING POWER MAINTENANCE ACCOUNT.
Section 704(c) of the United States Information and Educational
Exchange Act of 1948 (22 U.S.C. 1477b(c)) is amended—
(1) by redesignating clauses (1) and (2) as clauses (A)
and (B), respectively;
(2) by inserting ‘‘(1)’’ after ‘‘(c)’’; and
(3) by adding at the end the following new paragraphs:
‘‘(2) In carrying out this subsection, there may be established
a Buying Power Maintenance account.
‘‘(3) In order to eliminate substantial gains to the approved
levels of overseas operations for the United States Information
Agency, the Director shall transfer to the Buying Power Mainte-
nance account such amounts appropriated for ‘Salaries and
Expenses’ as the Director determines are excessive to the needs
of the approved level of operations under that appropriation account
because of fluctuations in foreign currency exchange rates or
changes in overseas wages and prices.
‘‘(4) In order to offset adverse fluctuations in foreign currency
exchange rates or foreign wages and prices, the Director may trans-
fer from the Buying Power Maintenance account to the ‘Salaries
and Expenses’ appropriations account such amounts as the Director
determines are necessary to maintain the approved level of oper-
ations under that appropriation account.
‘‘(5) Funds transferred by the Director from the Buying Power
Maintenance account to another account shall be merged with and
be available for the same purpose, and for the same time period,
as the funds in that other account. Funds transferred by the Direc-
tor from another account to the Buying Power Maintenance account
shall be merged with the funds in the Buying Power Maintenance
account and shall be available for the purposes of that account
until expended.
‘‘(6) Any restriction contained in an appropriation Act or other
provision of law limiting the amounts that may be obligated or
expended by the United States Information Agency shall be deemed
to be adjusted to the extent necessary to offset the net effect
of fluctuations in foreign currency exchange rates or overseas wage
and price changes in order to maintain approved levels.
‘‘(7)(A) Subject to the limitations contained in this paragraph,
not later than the end of the 5th fiscal year after the fiscal year
for which funds are appropriated or otherwise made available for
the ‘Salaries and Expenses’ account, the Director may transfer
any unobligated balance of such funds to the Buying Power Mainte-
nance account.
H. R. 2333—42
‘‘(B) The balance of the Buying Power Maintenance account
may not exceed $50,000,000 as a result of any transfer under
this paragraph.
‘‘(C) Any transfer pursuant to this paragraph shall be treated
as a reprogramming of funds under section 705 and shall be avail-
able for obligation or expenditure only in accordance with the proce-
dures under such section.
‘‘(D) The authorities contained in this section may only be
exercised to such an extent and in such amounts as specifically
provided in advance in appropriation Acts.’’.
SEC. 225. CONTRACT AUTHORITY.
Section 802(b) of the United States Information and Edu-
cational Exchange Act of 1948 (22 U.S.C. 1472(b)) is amended
by adding at the end the following:
‘‘(4)(A) Notwithstanding the other provisions of this subsection,
the United States Information Agency is authorized to enter into
contracts for periods not to exceed 7 years for circuit capacity
to distribute radio and television programs.
‘‘(B) The authority of this paragraph may be exercised for
a fiscal year only to such extent or in such amounts as are provided
in advance in appropriations Acts.’’.
SEC. 226. UNITED STATES TRANSMITTER IN KUWAIT.
None of the funds authorized to be appropriated by this or
any other Act may be obligated or expended for the design, develop-
ment, or construction of a United States short-wave radio transmit-
ter in Kuwait.
SEC. 227. FULBRIGHT-HAYS ACT AUTHORITIES.
Section 105(a) of Public Law 87–256 is amended to read as
follows:
‘‘(a) Amounts appropriated to carry out the purposes of this
Act are authorized to be made available until expended.’’.
SEC. 228. SEPARATE LEDGER ACCOUNTS FOR NED GRANTEES.
Section 504(h)(1) of the National Endowment for Democracy
Act (22 U.S.C. 4413(h)(1)) is amended by striking ‘‘accounts’’ and
inserting ‘‘bank accounts or separate self-balancing ledger accounts’’.
SEC. 229. COORDINATION OF UNITED STATES EXCHANGE PROGRAMS.
(a) COORDINATION.—Section 112 of the Mutual Educational and
Cultural Exchange Act of 1961 (22 U.S.C. 2460) is amended by
adding at the end the following:
‘‘(f)(1) The President shall ensure that all exchange programs
conducted by the United States Government, its departments and
agencies, directly or through agreements with other parties, are
reported at a time and in a format prescribed by the Director.
The President shall ensure that such exchanges are consistent
with United States foreign policy and avoid duplication of effort.
‘‘(2) Not later than 90 days after the date of enactment of
this subsection, and annually thereafter, the President shall submit
to the Speaker of the House of Representatives and the Chairman
of the Committee on Foreign Relations of the Senate a report
pursuant to paragraph (1). Such report shall include information
for each exchange program supported by the United States on
the objectives of such exchange, the number of exchange partici-
pants supported, the types of exchange activities conducted, the
H. R. 2333—43
total amount of Federal expenditures for such exchanges, and the
extent to which such exchanges are duplicative.’’.
(b) REPORT BY THE DIRECTOR OF USIA.—Not later than 120
days after the date of enactment of this Act, the Director of the
United States Information Agency shall submit to the Committee
on Foreign Affairs of the House of Representatives and the Commit-
tee on Foreign Relations of the Senate a report—
(1) detailing the range of exchange programs administered
by the Agency;
(2) identifying possible areas of duplication of inefficiency;
and
(3) recommending program consolidation and administra-
tive restructuring as warranted.
SEC. 230. LIMITATION 
CONCERNING 
PARTICIPATION 
IN 
INTER-
NATIONAL EXPOSITIONS.
Notwithstanding any other provision of law, the United States
Information Agency shall not obligate or expend any funds for
a United States Government funded pavilion or other major exhibit
at any international exposition or world’s fair registered by the
Bureau of International Expositions in excess of amounts expressly
authorized and appropriated for such purpose.
SEC. 231. PRIVATE SECTOR OPPORTUNITIES.
Section 104(e)(4) of the Mutual Educational and Cultural
Exchange Act of 1961 (22 U.S.C. 2454) is amended by inserting
before the period ‘‘, and of similar services and opportunities for
interchange not supported by the United States Government’’.
SEC. 232. AUTHORITY TO RESPOND TO PUBLIC INQUIRIES.
Section 208 of the Foreign Relations Authorization Act, Fiscal
Years 1986 and 1987 (22 U.S.C. 1461–1a) is amended by adding
at the end the following new sentence: ‘‘The provisions of this
section shall not prohibit the United States Information Agency
from responding to inquiries from members of the public about
its operations, policies, or programs.’’.
SEC. 233. TECHNICAL AMENDMENT RELATING TO NEAR AND MIDDLE
EAST RESEARCH AND TRAINING.
Section 228(d) of the Foreign Relations Authorization Act, Fiscal
Years 1992 and 1993 (22 U.S.C. 2452 note) is amended by inserting
‘‘and includes the Republic of Turkey’’ before the period at the
end thereof.
SEC. 234. DISTRIBUTION WITHIN THE UNITED STATES OF CERTAIN
MATERIALS 
OF 
THE 
UNITED 
STATES 
INFORMATION
AGENCY.
Notwithstanding 
section 
208 
of 
the 
Foreign 
Relations
Authorization Act, Fiscal Years 1986 and 1987 (22 U.S.C. 1461–
1a) and the second sentence of section 501 of the United States
Information and Educational Exchange Act of 1948 (22 U.S.C. 1461),
the Director of the United States Information Agency may make
available for distribution within the United States the following:
(1) The United States Information Agency’s Thomas Jeffer-
son Paper Show, which commemorates the 250th anniversary
of the birth of Thomas Jefferson.
(2) The documentary entitled ‘‘Crimes Against Humanity’’,
a film about the ensuing conflict in the former Yugoslavia.
H. R. 2333—44
SEC. 235. AMERICAN STUDIES COLLECTIONS.
(a) AUTHORITY.—In order to promote a thorough understanding
of the United States among emerging elites abroad, the Director
of the United States Information Agency is authorized to establish
and support collections at appropriate university libraries abroad
to further the study of the United States, and to enter into agree-
ments with such universities for such purposes.
(b) DESIGN AND DEVELOPMENT.—Such collections—
(1) shall be developed in consultation with United States
associations and organizations of scholars in the principal aca-
demic disciplines in which American studies are conducted;
and
(2) shall be designed primarily to meet the needs of under-
graduate and graduate students of American studies.
(c) SITE SELECTION.—In selecting universities abroad as sites
for such collections, the Director shall—
(1) ensure that such universities are able, within a reason-
able period of the establishment of such collections, to assume
responsibility for their maintenance in current form;
(2) ensure that undergraduate and graduate students shall
enjoy reasonable access to such collections; and
(3) include in any agreement entered into between the
United States Information Agency and a university abroad,
terms embodying a contractual commitment of such mainte-
nance and access under this subsection.
(d) FUNDING.—
(1) The Director of the United States Information Agency
is authorized to establish an endowment fund (hereafter in
this section referred to as the ‘‘fund’’) to carry out the purposes
of this section and to enter into such agreements as may
be necessary to carry out the purposes of this section.
(2)(A) The Director shall make deposits to the fund of
amounts appropriated or otherwise made available to carry
out this section.
(B) The Director is authorized to accept, use, and dispose
of gifts of donations of services or property to carry out this
section. Sums donated to carry out the purposes of this section
shall be deposited into the fund.
(3) The corpus of the fund shall be invested in federally-
insured bank savings accounts or comparable interest-bearing
accounts, certificates of deposit, money market funds, obliga-
tions of the United States, or other low-risk instruments and
securities.
(4) The Director may withdraw or expend amounts from
the fund for any expenses necessary to carry out the purposes
of this section.
(e) AVAILABILITY
OF AUTHORIZATIONS
OF APPROPRIATIONS.—
Authorizations of appropriations for the purposes of this section
shall be available without fiscal year limitation and shall remain
available until used.
SEC. 236. EDUCATIONAL AND CULTURAL EXCHANGES WITH TIBET.
The Director of the United States Information Agency shall
establish programs of educational and cultural exchange between
the United States and the people of Tibet. Such programs shall
include opportunities for training and, as the Director considers
H. R. 2333—45
appropriate, may include the assignment of personnel and resources
abroad.
SEC. 237. SCHOLARSHIPS FOR EAST TIMORESE STUDENTS.
Notwithstanding any other provision of law, the Bureau of
Educational and Cultural Affairs of the United States Information
Agency shall make available for each of the fiscal years 1994
and 1995, scholarships for East Timorese students qualified to
study in the United States for the purpose of studying at the
undergraduate level in a United States college or university. Each
scholarship made available under this subsection shall be for not
less than one semester of study.
SEC. 238. CAMBODIAN SCHOLARSHIP AND EXCHANGE PROGRAMS.
(a) PURPOSE.—It is the purpose of this section to provide finan-
cial assistance—
(1) to establish a scholarship program for Cambodian col-
lege and post-graduate students to study in the United States;
and
(2) to expand Cambodian participation in exchange pro-
grams of the United States Information Agency.
(b) PROGRAM.—(1) The Director of the United States Informa-
tion Agency shall establish a scholarship program to enable Cam-
bodian college students and post-graduate students to study in
the United States.
(2) The Director of the United States Information Agency shall
also include qualified Cambodian citizens in exchange programs
funded or otherwise sponsored by the Agency, in particular the
Fulbright Academic Program, the International Visitor Program,
and the Citizen Exchange Program.
(c) DEFINITION.—For the purposes of this section, the term
‘‘scholarship’’ means an amount to be used for full or partial support
of tuition and fees to attend an educational institution, and may
include fees, books, and supplies, equipment required for courses
at an educational institution, living expenses at a United States
educational institution, and travel expenses to and from, and within,
the United States.
SEC. 239. INCREASING AFRICAN PARTICIPATION IN USIA EXCHANGE
PROGRAMS.
The Director of the United States Information Agency shall
expand exchange program allocations to Africa, in particular Ful-
bright Academic Exchanges, International Visitor Programs, and
Citizen Exchanges, and shall further encourage a broadening of
affiliations and links between United States and African institu-
tions.
SEC. 240. ENVIRONMENT 
AND 
SUSTAINABLE 
DEVELOPMENT
EXCHANGE PROGRAM.
(a) PURPOSE.—The purpose of this section is to establish a
program to promote academic exchanges in disciplines relevant
to environment and sustainable development.
(b) PROGRAM AUTHORITY.—Notwithstanding any other provision
of law, the Director of the United States Information Agency,
through the Bureau of Educational and Cultural Affairs, shall pro-
vide scholarships beginning in the fiscal year 1994, and for each
fiscal year thereafter, for study at United States institutions of
higher education in furtherance of the purpose of this section for
H. R. 2333—46
foreign students who have completed their undergraduate education
and for postsecondary educators.
(c) GUIDELINES.—The scholarship program under this section
shall be carried out in accordance with the following guidelines:
(1) Consistent with section 112(b) of the Mutual Edu-
cational and Cultural Exchange Act of 1961 (22 U.S.C. 2460(b)),
all programs created pursuant to this Act shall be nonpolitical
and balanced, and shall be administered in keeping with the
highest standards of academic integrity and cost-effectiveness.
(2) The United States Information Agency shall administer
this program under the auspices of the Fulbright Academic
Exchange Program.
(3) The United States Information Agency shall ensure
the regional diversity of this program through the selection
of candidates from Asia, Africa, Latin America, as well as
Europe and the Middle East.
(d) DEFINITION.—For purposes of this section, the term ‘‘institu-
tion of higher education’’ has the same meaning given to such
term by section 1201(a) of the Higher Education Act of 1965.
SEC. 241. SOUTH PACIFIC EXCHANGE PROGRAMS.
(a) AUTHORIZED PROGRAMS.—The Director of the United States
Information Agency is authorized to award academic scholarships
to qualified students from the sovereign nations of the South Pacific
region to pursue undergraduate and postgraduate study at institu-
tions of higher education in the United States; to make grants
to accomplished United States scholars and experts to pursue
research, to teach, or to offer training in such nations; and to
make grants for youth exchanges.
(b) LIMITATION.—Grants awarded to United States scholars
and experts may not exceed 10 percent of the total funds awarded
for any fiscal year for programs under this section.
SEC. 242. INTERNATIONAL 
EXCHANGE 
PROGRAMS 
INVOLVING
DISABILITY RELATED MATTERS.
(a) AUTHORITY.—In carrying out the authorities of section
102(b) of the Mutual Educational and Cultural Exchange Act of
1961 (22 U.S.C. 2452(b)), the President shall ensure that such
authorities are used to promote educational, cultural, medical, and
scientific meetings, training, research, visits, interchanges, and
other activities, with respect to disability matters, including partici-
pation by individuals with disabilities (within the meaning of section
3(2) of the Americans with Disabilities Act of 1990 (42 U.S.C.
12102(2)) in such activities, through such nonprofit organizations
as have a demonstrated capability to coordinate exchange programs
involving disability-related matters.
(b) REPORT.—Not later than 180 days after the date of enact-
ment of this Act, the Director of the United States Information
Agency shall submit a report to Congress describing implementation
of the requirements of this section.
(c) ANNUAL SUMMARY OF ACTIVITIES.—As part of the Congres-
sional presentation materials submitted in connection with the
annual budget request for the United States Information Agency,
the Director of the Agency shall include a summary of the inter-
national exchange activities which meet the requirements of this
section.
H. R. 2333—47
PART C—MIKE MANSFIELD FELLOWSHIPS
SEC. 251. SHORT TITLE.
This part may be cited as the ‘‘Mike Mansfield Fellowship
Act’’.
SEC. 252. ESTABLISHMENT OF FELLOWSHIP PROGRAM.
(a) ESTABLISHMENT.—(1) There is hereby established the ‘‘Mike
Mansfield Fellowship Program’’ pursuant to which the Director
of the United States Information Agency will make grants, subject
to the availability of appropriations, to the Mansfield Center for
Pacific Affairs to award fellowships to eligible United States citizens
for periods of 2 years each (or, pursuant to section 253(5)(C), for
such shorter period of time as the Center may determine based
on a Fellow’s level of proficiency in the Japanese language or
knowledge of the political economy of Japan) as follows:
(A) During the first year each fellowship recipient will
study the Japanese language as well as Japan’s political econ-
omy.
(B) During the second year each fellowship recipient will
serve as a fellow in a parliamentary office, ministry, or other
agency of the Government of Japan or, subject to the approval
of the Center, a nongovernmental Japanese institution associ-
ated with the interests of the fellowship recipient, and the
agency of the United States Government from which the fellow
originated, consistent with the purposes of this part.
(2) Fellowships under this part may be known as ‘‘Mansfield
Fellowships’’, and individuals awarded such fellowships may be
known as ‘‘Mansfield Fellows’’.
(b) ELIGIBILITY OF CENTER FOR GRANTS.—Grants may be made
to the Center under this section only if the Center agrees to comply
with the requirements of section 253.
(c) INTERNATIONAL AGREEMENT.—The Director of the United
States Information Agency should enter into negotiations for an
agreement with the Government of Japan for the purpose of placing
fellows in the Government of Japan.
(d) PRIVATE SOURCES.—The Center is authorized to accept,
use, and dispose of gifts or donations of services or property in
carrying out the fellowship program, subject to the review and
approval of the Director of the United States Information Agency.
(e) USE OF FEDERAL FACILITIES.—The National Foreign Affairs
Training Center is authorized and encouraged to assist, on a
reimbursable basis, in carrying out Japanese language training
by the Center through the provision of teachers, classroom space,
teaching materials, and facilities, to the extent that such provision
is not detrimental to the Institute’s carrying out its other respon-
sibilities under law.
SEC. 253. PROGRAM REQUIREMENTS.
The program established under this part shall comply with
the following requirements:
(1) United States citizens who are eligible for fellowships
under this part shall be employees of the Federal Government
having at least two years experience in any branch of the
Government, a strong career interest in United States-Japan
relations, and a demonstrated commitment to further service
H. R. 2333—48
in the Federal Government, and such other qualifications as
are determined by the Center.
(2) Not more than 10 fellowships may be awarded each
year of which not more than 3 shall be awarded to individuals
who are not detailed employees of the Government.
(3)(A) Fellows shall agree to maintain satisfactory progress
in language training and appropriate behavior in Japan, as
determined by the Center, as a condition of continued receipt
of Federal funds.
(B) Fellows who are not detailees shall agree to return
to the Federal Government for further employment for a period
of at least 2 years following the end of their fellowships, unless,
in the determination of the Center, the fellow is unable (for
reasons beyond the fellow’s control and after receiving assist-
ance from the Center as provided in paragraph (8)) to find
reemployment for such period.
(4) During the period of the fellowship, the Center shall
provide—
(A) to each fellow who is not a detailee a stipend
at a rate of pay equal to the rate of pay that individual
was receiving when he or she entered the program, plus
a cost-of-living adjustment calculated at the same rate
of pay, and for the same period of time, for which such
adjustments were made to the salaries of individuals
occupying competitive positions in the civil service during
the same period as the fellowship; and
(B) to each fellow (including detailees) certain allow-
ances and benefits as that individual would have been
entitled to, but for his or her separation from Government
service, as a United States Government civilian employee
overseas under the Standardized Regulations (Government
Civilians, Foreign Areas) of the Department of State, as
follows: a living quarters allowance to cover the higher
cost of housing in Japan, a post allowance to cover the
significantly higher costs of living in Japan, an education
allowance to assist parents in providing their children with
educational services ordinarily provided without charge by
United States public schools, moving expenses of up to
$1,000 for personal belongings of fellows and their families
in their move to Japan and one-round-trip economy-class
airline ticket to Japan for each fellow and the fellow’s
immediate family.
(5)(A) For the first year of each fellowship, the Center
shall provide fellows with intensive Japanese language training
in the Washington, D.C., area, as well as courses in the political
economy of Japan.
(B) Such training shall be of the same quality as training
provided to Foreign Service officers before they are assigned
to Japan.
(C) The Center may waive any or all of the training
required by subparagraph (A) to the extent that a fellow has
Japanese language skills or knowledge of Japan’s political econ-
omy, and the 2-year fellowship period shall be shortened to
the extent such training is less than one year.
(6) Any fellow who is not a detailee who does not comply
with the requirements of this section shall reimburse the United
States Information Agency for the Federal funds expended for
H. R. 2333—49
the Fellow’s participation in the fellowship, together with
interest on such funds (calculated at the prevailing rate), as
follows:
(A) Full reimbursement for noncompliance with para-
graph (3)(A) or (9).
(B) Pro rata reimbursement for noncompliance with
paragraph (3)(B) for any period the fellow is reemployed
by the Federal Government that is less than the period
specified in paragraph (3)(B), at a rate equal to the amount
the fellow received during the final year of the fellowship
for the same period of time, including any allowances and
benefits provided under paragraph (4).
(7) The Center shall select fellows based solely on merit.
The Center shall make positive efforts to recruit candidates
reflecting the cultural, racial, and ethnic diversity of the United
States.
(8) The Center shall assist, to the extent possible, any
fellow who is not a detailee in finding employment in the
Federal Government if such fellow was not able, at the end
of the fellowship, to be reemployed in the agency from which
he or she separated to become a fellow.
(9) No fellow may engage in any intelligence or intelligence-
related activity on behalf of the United States Government.
(10) The financial records of the Center shall be audited
annually in accordance with generally accepted auditing stand-
ards by independent certified public accountants or independent
licensed public accountants, certified or licensed by a regulatory
authority of a State or other political subdivision of the United
States. The audit shall be conducted at the place or places
where the financial records of the Center are normally kept.
All books, financial records, files, and other papers, things,
and property belonging to or in use by the Center and necessary
to facilitate the audit shall be made available to the person
or persons conducting the audit, and full facilities for verifying
transactions with the balances or securities held by deposi-
tories, fiscal agents, and custodians shall be afforded to such
person or persons.
(11) The Center shall provide a report of the audit to
the Director of the United States Information Agency no later
than six months following the close of the fiscal year for which
the audit is made. The report shall set forth the scope of
the audit and include such statements, together with the
independent auditor’s opinion of those statements, as are nec-
essary to present fairly the Center’s assets and liabilities, sur-
plus or deficit, with reasonable detail, including a statement
of the Center’s income and expenses during the year, including
a schedule of all contracts and grants requiring payments in
excess of $5,000 and any payments of compensation, salaries,
or fees at a rate in excess of $5,000 per year. The report
shall be produced in sufficient copies for the public.
SEC. 254. SEPARATION OF GOVERNMENT PERSONNEL DURING THE
FELLOWSHIPS.
(a) SEPARATION.—Under such terms and conditions as the
agency head may direct, any agency of the United States Govern-
ment may separate from Government service for a specified period
any officer or employee of that agency who accepts a fellowship
H. R. 2333—50
under the program established by this part and is not detailed
under section 255.
(b) REEMPLOYMENT.—Any fellow who is not a detailee, at the
end of the fellowship, is entitled to be reemployed in the same
manner as if covered by section 3582 of title 5, United States
Code.
(c) RIGHTS AND BENEFITS.—Notwithstanding section 8347(o),
8713, or 8914 of title 5, United States Code, and in accordance
with regulations of the Office of Personnel Management, an
employee, while serving as a fellow who is not a detailee, is entitled
to the same rights and benefits as if covered by section 3582
of title 5, United States Code. The Center shall reimburse the
employing agency for any costs incurred under section 3582 of
title 5, United States Code.
(d) COMPLIANCE WITH BUDGET ACT.—Funds are available under
this section to the extent and in the amounts provided in appropria-
tion Acts.
SEC. 255. MANSFIELD FELLOWS ON DETAIL FROM GOVERNMENT
SERVICE.
(a) IN GENERAL.—(1) An agency head may detail, for a period
of not more than 2 years, an employee of the agency who has
been awarded a Mansfield Fellowship, to the Center.
(2) Each fellow who is detailed under this section shall enter
into a written agreement with the Federal Government before
receiving a fellowship that the fellow will—
(A) continue in the service of the fellow’s agency at the
end of the fellowship for a period of at least 2 years unless
the fellow is involuntarily separated from the service of such
agency; and
(B) pay to the United States Information Agency any addi-
tional expenses incurred by the Federal Government in connec-
tion with the fellowship if the fellow is voluntarily separated
from service with the fellow’s agency before the end of the
period for which the fellow has agreed to continue in the
service of such agency.
(3) The payment agreed to under paragraph (2)(B) may not
be required of a fellow who leaves the service of such agency
to enter into the service of another agency in any branch of the
United States Government unless the head of the agency that
authorized the fellowship notifies the employee before the effective
date of entry into the service of the other agency that payment
will be required under this section.
(b) STATUS
AS GOVERNMENT EMPLOYEE.—A fellow detailed
under subsection (a) is deemed, for the purpose of preserving allow-
ances, privileges, rights, seniority, and other benefits, an employee
of the agency from which detailed, and is entitled to pay, allowances,
and benefits from funds available to that agency. The authorization
and payment of such allowances and other benefits from appropria-
tions available therefore is deemed to comply with section 5536
of title 5, United States Code.
(c) REIMBURSEMENT.—Fellows may be detailed under subsection
(a) without reimbursement to the United States by the Center.
(d) ALLOWANCES AND BENEFITS.—A fellow detailed under sub-
section (a) may be paid by the Center for allowances and benefits
listed in section 253(4)(B).
H. R. 2333—51
SEC. 256. LIABILITY FOR REPAYMENTS.
If any fellow fails to fulfill the fellow’s agreement to pay the
United States Information Agency for the expenses incurred by
the United States Information Agency in connection with the fellow-
ship, a sum equal to the amount of the expenses of the fellowship
shall be recoverable by the United States Information Agency from
the fellow (or a legal representative) by—
(1) setoff against accrued pay, compensation, amount of
retirement credit, or other amount due the fellow from the
Federal Government; and
(2) such other method as is provided by law for the recovery
of amounts owing to the Federal Government.
SEC. 257. DEFINITIONS.
For purposes of this part—
(1) the term ‘‘agency of the United States Government’’
includes any agency of the legislative branch and any court
of the judicial branch as well as any agency of the executive
branch;
(2) the term ‘‘agency head’’ means—
(A) in the case of the executive branch of Government
or an agency of the legislative branch other than the House
of Representatives or the Senate, the head of the respective
agency;
(B) in the case of the judicial branch of Government,
the chief judge of the respective court;
(C) in the case of the Senate, the President pro tem-
pore, in consultation with the Majority Leader and Minority
Leader of the Senate; and
(D) in the case of the House of Representatives, the
Speaker of the House, in consultation with the Majority
Leader and Minority Leader of the House;
(3) the term ‘‘Center’’ means the Mansfield Center for
Pacific Affairs; and
(4) the term ‘‘detailee’’ means an employee of an agency
of the United States Government on assignment or loan to
the Mansfield Center for Pacific Affairs without a change of
position from the agency by which he or she is employed.
TITLE III—UNITED STATES
INTERNATIONAL BROADCASTING ACT
SEC. 301. SHORT TITLE.
This title may be cited as the ‘‘United States International
Broadcasting Act of 1994’’.
SEC. 302. CONGRESSIONAL FINDINGS AND DECLARATION OF PUR-
POSES.
The Congress makes the following findings and declarations:
(1) It is the policy of the United States to promote the
right of freedom of opinion and expression, including the free-
dom ‘‘to seek, receive, and impart information and ideas through
any media and regardless of frontiers,’’ in accordance with
Article 19 of the Universal Declaration of Human Rights.
(2) Open communication of information and ideas among
the peoples of the world contributes to international peace
H. R. 2333—52
and stability and the promotion of such communication is in
the interests of the United States.
(3) It is in the interest of the United States to support
broadcasting to other nations consistent with the requirements
of this title.
(4) The continuation of existing United States international
broadcasting, and the creation of a new broadcasting service
to the people of the People’s Republic of China and other
countries of Asia which lack adequate sources of free informa-
tion, would enhance the promotion of information and ideas,
while advancing the goals of United States foreign policy.
(5) The reorganization and consolidation of United States
international broadcasting will achieve important economies
and strengthen the capability of the United States to use broad-
casting to support freedom and democracy in a rapidly changing
international environment.
SEC. 303. STANDARDS AND PRINCIPLES.
(a) BROADCASTING STANDARDS.—United States international
broadcasting shall—
(1) be consistent with the broad foreign policy objectives
of the United States;
(2) be consistent with the international telecommunications
policies and treaty obligations of the United States;
(3) not duplicate the activities of private United States
broadcasters;
(4) not duplicate the activities of government supported
broadcasting entities of other democratic nations;
(5) be conducted in accordance with the highest professional
standards of broadcast journalism;
(6) be based on reliable information about its potential
audience; and
(7) be designed so as to effectively reach a significant
audience.
(b) BROADCASTING PRINCIPLES.—United States international
broadcasting shall include—
(1) news which is consistently reliable and authoritative,
accurate, objective, and comprehensive;
(2) a balanced and comprehensive projection of United
States thought and institutions, reflecting the diversity of
United States culture and society;
(3) clear and effective presentation of the policies of the
United States Government and responsible discussion and opin-
ion on those policies;
(4) programming to meet needs which remain unserved
by the totality of media voices available to the people of certain
nations;
(5) information about developments in each significant
region of the world;
(6) a variety of opinions and voices from within particular
nations and regions prevented by censorship or repression from
speaking to their fellow countrymen;
(7) reliable research capacity to meet the criteria under
this section;
(8) adequate transmitter and relay capacity to support
the activities described in this section; and
H. R. 2333—53
(9) training and technical support for independent indige-
nous media through government agencies or private United
States entities.
SEC. 304. ESTABLISHMENT 
OF 
BROADCASTING 
BOARD 
OF 
GOV-
ERNORS.
(a) ESTABLISHMENT.—There is hereby established within the
United States Information Agency a Broadcasting Board of Gov-
ernors (hereafter in this title referred to as the ‘‘Board’’).
(b) COMPOSITION OF THE BOARD.—
(1) The Board shall consist of 9 members, as follows:
(A) 8 voting members who shall be appointed by the
President, by and with the advice and consent of the
Senate.
(B) The Director of the United States Information
Agency who shall also be a voting member.
(2) The President shall designate one member (other than
the Director of the United States Information Agency) as Chair-
man of the Board.
(3) Exclusive of the Director of the United States Informa-
tion Agency, not more than 4 of the members of the Board
appointed by the President shall be of the same political party.
(c) TERM OF OFFICE.—The term of office of each member of
the Board shall be three years, except that the Director of the
United States Information Agency shall remain a member of the
Board during the Director’s term of service. Of the other 8 voting
members, the initial terms of office of two members shall be one
year, and the initial terms of office of 3 other members shall
be two years, as determined by the President. The President shall
appoint, by and with the advice and consent of the Senate, Board
members to fill vacancies occurring prior to the expiration of a
term, in which case the members so appointed shall serve for
the remainder of such term. Any member whose term has expired
may serve until a successor has been appointed and qualified.
When there is no Director of the United States Information Agency,
the acting Director of the agency shall serve as a member of
the Board until a Director is appointed.
(d) SELECTION OF BOARD.—Members of the Board appointed
by the President shall be citizens of the United States who are
not regular full-time employees of the United States Government.
Such members shall be selected by the President from among Ameri-
cans distinguished in the fields of mass communications, print,
broadcast media, or foreign affairs.
(e) COMPENSATION.—Members of the Board, while attending
meetings of the Board or while engaged in duties relating to such
meetings or in other activities of the Board pursuant to this section
(including travel time) shall be entitled to receive compensation
equal to the daily equivalent of the compensation prescribed for
level IV of the Executive Schedule under section 5315 of title
5, United States Code. While away from their homes or regular
places of business, members of the Board may be allowed travel
expenses, including per diem in lieu of subsistence, as authorized
by law (5 U.S.C. 5703) for persons in the Government service
employed intermittently. The Director of the United States Informa-
tion Agency shall not be entitled to any compensation under this
title, but may be allowed travel expenses as provided under this
subsection.
H. R. 2333—54
(f) DECISIONS.—Decisions of the Board shall be made by major-
ity vote, a quorum being present. A quorum shall consist of 5
members.
SEC. 305. AUTHORITIES OF THE BOARD.
(a) AUTHORITIES.—The Board shall have the following authori-
ties:
(1) To direct and supervise all broadcasting activities con-
ducted pursuant to this title, the Radio Broadcasting to Cuba
Act, and the Television Broadcasting to Cuba Act.
(2) To review and evaluate the mission and operation of,
and to assess the quality, effectiveness, and professional integ-
rity of, all such activities within the context of the broad foreign
policy objectives of the United States.
(3) To ensure that United States international broadcasting
is conducted in accordance with the standards and principles
contained in section 303.
(4) To review, evaluate, and determine, at least annually,
the addition or deletion of language services.
(5) To make and supervise grants for broadcasting and
related activities in accordance with sections 308 and 309.
(6) To allocate funds appropriated for international broad-
casting activities among the various elements of the Inter-
national Broadcasting Bureau and grantees, subject to the
limitations 
in 
sections 
308 
and 
309 
and 
subject 
to
reprogramming notification requirements in law for the
reallocation of funds.
(7) To review engineering activities to ensure that all broad-
casting elements receive the highest quality and cost-effective
delivery services.
(8) To undertake such studies as may be necessary to
identify areas in which broadcasting activities under its author-
ity could be made more efficient and economical.
(9) To submit to the President and the Congress, through
the Director of the United States Information Agency, an
annual report which summarizes and evaluates activities under
this title, the Radio Broadcasting to Cuba Act, and the Tele-
vision Broadcasting to Cuba Act.
(10) To the extent considered necessary to carry out the
functions of the Board, procure supplies, services, and other
personal property.
(11) To appoint such staff personnel for the Board as the
Board may determine to be necessary, subject to the provisions
of title 5, United States Code, governing appointments in the
competitive service, and to fix their compensation in accordance
with the provisions of chapter 51 and subchapter III of chapter
53 of such title relating to classification and General Schedule
pay rates.
(12) To obligate and expend, for official reception and rep-
resentation expenses, such amount as may be made available
through appropriations (which for each of the fiscal years 1994
and 1995 may not exceed the amount made available to the
Board for International Broadcasting for such purposes for
fiscal year 1993).
(13) To make available in the annual report required by
paragraph (9) information on funds expended on administrative
and managerial services by the Bureau and by grantees and
H. R. 2333—55
the steps the Board has taken to reduce unnecessary overhead
costs for each of the broadcasting services.
(14) The Board may provide for the use of United States
Government transmitter capacity for relay to Radio Free Asia.
(b) BROADCASTING BUDGETS.—
(1) The Director of the Bureau and the grantees identified
in sections 308 and 309 shall submit proposed budgets to the
Board. The Board shall forward its recommendations concern-
ing the proposed budget for the Board and broadcasting activi-
ties under this title, the Radio Broadcasting to Cuba Act, and
the Television Broadcasting to Cuba Act to the Director of
the United States Information Agency for the consideration
of the Director as a part of the Agency’s budget submission
to the Office of Management and Budget.
(2) The Director of the United States Information Agency
shall include in the Agency’s submission to the Office of
Management and Budget the comments and recommendations
of the Board concerning the proposed broadcasting budget.
(c) IMPLEMENTATION.—The Director of the United States
Information Agency and the Board, in carrying out their functions,
shall respect the professional independence and integrity of the
International Broadcasting Bureau, its broadcasting services, and
grantees.
(d) TECHNICAL AMENDMENT.—
(1) Section 4 of the Radio Broadcasting to Cuba Act (22
U.S.C. 1465b) is amended by striking ‘‘and the Associate Direc-
tor for Broadcasting of the United States Information Agency’’
and inserting ‘‘of the Voice of America’’.
(2) Section 5(b) of the Radio Broadcasting to Cuba Act
(22 U.S.C.1465c(b)) is amended by striking ‘‘Director and Asso-
ciate Director for Broadcasting of the United States Information
Agency’’ and inserting ‘‘Broadcasting Board of Governors’’.
SEC. 306. FOREIGN POLICY GUIDANCE.
To assist the Board in carrying out its functions, the Secretary
of State, acting through the Director of the United States Informa-
tion Agency, shall provide information and guidance on foreign
policy issues to the Board.
SEC. 307. INTERNATIONAL BROADCASTING BUREAU.
(a) ESTABLISHMENT.—There is hereby established an Inter-
national Broadcasting Bureau within the United States Information
Agency (hereafter in this title referred to as the ‘‘Bureau’’), to
carry out all nonmilitary international broadcasting activities sup-
ported by the United States Government other than those described
in sections 308 and 309.
(b) SELECTION OF THE DIRECTOR OF THE BUREAU.—
(1) The Director of the Bureau shall be appointed by the
Chairman of the Board, in consultation with the Director of
the United States Information Agency and with the concurrence
of a majority of the Board. The Director of the Bureau shall
be entitled to receive compensation at the rate prescribed by
law for level IV of the Executive Schedule.
(2) Section 5315 of title 5, United States Code, is amended
by adding at the end the following:
‘‘Director of the International Broadcasting Bureau, the
United States Information Agency.’’.
H. R. 2333—56
SEC. 308. LIMITS ON GRANTS FOR RADIO FREE EUROPE AND RADIO
LIBERTY.
(a) BOARD OF RFE/RL, INCORPORATED.—The Board may not
make any grant to RFE/RL, Incorporated, unless the certificate
of incorporation of RFE/RL, Incorporated, has been amended to
provide that—
(1) the Board of Directors of RFE/RL, Incorporated, shall
consist of the members of the Broadcasting Board of Governors
established under section 304 and of no other members; and
(2) such Board of Directors shall make all major policy
determinations governing the operation of RFE/RL, Incor-
porated, and shall appoint and fix the compensation of such
managerial officers and employees of RFE/RL, Incorporated,
as it considers necessary to carry out the purposes of the
grant provided under this title.
(b) LOCATION OF PRINCIPAL PLACE OF BUSINESS.—
(1) The Board may not make any grant to RFE/RL, Incor-
porated unless the headquarters of RFE/RL, Incorporated and
its senior administrative and managerial staff are in a location
which ensures economy, operational effectiveness, and account-
ability to the Board.
(2) Not later than 90 days after confirmation of all members
of the Board, the Board shall provide a report to Congress
on the number of administrative, managerial, and technical
staff of RFE/RL, Incorporated who will be located within the
metropolitan area of Washington, D.C., and the number of
employees whose principal place of business will be located
outside the metropolitan area of Washington, D.C.
(c) LIMITATION
ON GRANT AMOUNTS.—The total amount of
grants made by the Board for the operating costs of Radio Free
Europe and Radio Liberty may not exceed $75,000,000 for any
fiscal year after fiscal year 1995.
(d) ALTERNATIVE GRANTEE.—If the Board determines at any
time that RFE/RL, Incorporated, is not carrying out the functions
described in section 309 in an effective and economical manner,
the Board may award the grant to carry out such functions to
another entity after soliciting and considering applications from
eligible entities in such manner and accompanied by such informa-
tion as the Board may reasonably require.
(e) NOT A FEDERAL AGENCY OR INSTRUMENTALITY.—Nothing
in this title may be construed to make RFE/RL, Incorporated a
Federal agency or instrumentality.
(f) AUTHORITY.—Grants authorized under section 305 for RFE/
RL, Incorporated, shall be available to make annual grants for
the purpose of carrying out similar functions as were carried out
by RFE/RL, Incorporated, on the day before the date of enactment
of this Act with respect to Radio Free Europe and Radio Liberty,
consistent with section 2 of the Board for International Broadcasting
Act of 1973, as in effect on such date.
(g) GRANT AGREEMENT.—Grants to RFE/RL, Incorporated, by
the Board shall only be made in compliance with a grant agreement.
The grant agreement shall establish guidelines for such grants.
The grant agreement shall include the following provisions—
(1) that a grant be used only for activities which the Board
determines are consistent with the purposes of subsection (f);
(2) that RFE/RL, Incorporated, shall otherwise comply with
the requirements of this section;
H. R. 2333—57
(3) that failure to comply with the requirements of this
section may result in suspension or termination of a grant
without further obligation by the Board or the United States;
(4) that duplication of language services and technical oper-
ations between RFE/RL, Incorporated and the International
Broadcasting Bureau be reduced to the extent appropriate,
as determined by the Board; and
(5) that RFE/RL, Incorporated, justify in detail each pro-
posed expenditure of grant funds, and that such funds may
not be used for any other purpose unless the Board gives
its prior written approval.
(h) PROHIBITED USES OF GRANT FUNDS.—No grant funds pro-
vided under this section may be used for the following purposes:
(1)(A) Except as provided in subparagraph (B), to pay any
salary or other compensation, or enter into any contract provid-
ing for the payment of salary or compensation in excess of
the rates established for comparable positions under title 5
of the United States Code or the foreign relations laws of
the United States, except that no employee may be paid a
salary or other compensation in excess of the rate of pay payable
for level IV of the Executive Schedule under section 5315 of
title 5, United States Code.
(B) Salary and other compensation limitations under
subparagraph (A) shall not apply prior to October 1, 1995,
with respect to any employee covered by a union agreement
requiring a salary or other compensation in excess of such
limitations.
(2) For any activity for the purpose of influencing the
passage or defeat of legislation being considered by Congress.
(3) To enter into a contract or obligation to pay severance
payments for voluntary separation for employees hired after
December 1, 1990, except as may be required by United States
law or the laws of the country where the employee is stationed.
(4) For first class travel for any employee of RFE/RL,
Incorporated, or the relative of any employee.
(5) To compensate freelance contractors without the
approval of the Board.
(i) REPORT ON MANAGEMENT PRACTICES.—(1) Effective not later
than March 31 and September 30 of each calendar year, the Inspec-
tor General of the United States Information Agency shall submit
to the Board, the Director of the United States Information Agency,
and the Congress a report on management practices of RFE/RL,
Incorporated, under this section. The Inspector General of the
United States Information Agency shall establish a special unit
within the Inspector General’s office to monitor and audit the
activities of RFE/RL, Incorporated, and shall provide for on-site
monitoring of such activities.
(j) AUDIT AUTHORITY.—
(1) Such financial transactions of RFE/RL, Incorporated,
as relate to functions carried out under this section may be
audited by the General Accounting Office in accordance with
such principles and procedures and under such rules and regu-
lations as may be prescribed by the Comptroller General of
the United States. Any such audit shall be conducted at the
place or places where accounts of RFE/RL, Incorporated, are
normally kept.
H. R. 2333—58
(2) Representatives of the General Accounting Office shall
have access to all books, accounts, records, reports, files, papers,
and property belonging to or in use by RFE/RL, Incorporated
pertaining to such financial transactions and necessary to facili-
tate an audit. Such representatives shall be afforded full
facilities for verifying transactions with any assets held by
depositories, fiscal agents, and custodians. All such books,
accounts, records, reports, files, papers, and property of RFE/
RL, Incorporated, shall remain in the possession and custody
of RFE/RL, Incorporated.
(3) Notwithstanding any other provision of law and upon
repeal of the Board for International Broadcasting Act, the
Inspector General of the United States Information Agency
is authorized to exercise the authorities of the Inspector General
Act of 1978 with respect to RFE/RL, Incorporated.
(k) PLAN FOR RELOCATION.—None of the funds authorized to
be appropriated for the fiscal years 1994 or 1995 may be used
to relocate the offices or operations of RFE/RL, Incorporated from
Munich, Germany, unless—
(1) such relocation is specifically provided for in an appro-
priation Act or pursuant to a reprogramming notification; and
(2)(A) such relocation is authorized by the Board and the
Board submits to the Comptroller General of the United States
and the appropriate Congressional committees a detailed plan
for such relocation, including cost estimates and any and all
fiscal data, audits, business plans, and other documents which
justify such relocation; or
(B) prior to the confirmation of all members of the Board,
such relocation is authorized by the President, the President
certifies that a significant national interest requires that such
relocation determination be made before the confirmation of
all members of the Board, and the President submits to the
Comptroller General of the United States and the appropriate
congressional committees a detailed plan for such relocation,
including cost estimates and any and all fiscal data, audits,
business plans, and other documents which justify such reloca-
tion.
(l) REPORTS ON PERSONNEL CLASSIFICATION.—Not later than
90 days after the date of confirmation of all members of the Board,
the Board shall submit a report to the Congress containing a
justification, in terms of the types of duties performed at specific
rates of salary and other compensation, of the classification of
personnel employed by RFE/RL, Incorporated. The report shall
include a comparison of the rates of salary or other compensation
and classifications provided to employees of RFE/RL, Incorporated,
with the rates of salary or other compensation and classifications
of employees of the Voice of America stationed overseas in com-
parable positions and shall identify any disparities and steps which
should be taken to eliminate such disparities.
SEC. 309. RADIO FREE ASIA.
(a) AUTHORITY.—
(1) Grants authorized under section 305 shall be available
to make annual grants for the purpose of carrying out radio
broadcasting to the following countries: The People’s Republic
of China, Burma, Cambodia, Laos, North Korea, Tibet, and
Vietnam.
H. R. 2333—59
(2) Such broadcasting service shall be referred to as ‘‘Radio
Free Asia’’.
(b) FUNCTIONS.—Radio Free Asia shall—
(1) provide accurate and timely information, news, and
commentary about events in the respective countries of Asia
and elsewhere; and
(2) be a forum for a variety of opinions and voices from
within Asian nations whose people do not fully enjoy freedom
of expression.
(c) SUBMISSION OF DETAILED PLAN FOR RADIO FREE ASIA.—
(1) No grant may be awarded to carry out this section
unless the Board, through the Director of the United States
Information Agency, has submitted to Congress a detailed plan
for the establishment and operation of Radio Free Asia,
including—
(A) a description of the manner in which Radio Free
Asia would meet the funding limitations provided in sub-
section (d)(4);
(B) a description of the numbers and qualifications
of employees it proposes to hire; and
(C) how it proposes to meet the technical requirements
for carrying out its responsibilities under this section.
(2) The plan required by paragraph (1) shall be submitted
not later than 90 days after the date on which all members
of the Board are confirmed.
(3) No grant may be awarded to carry out the provisions
of this section unless the plan submitted by the Board includes
a certification by the Board that Radio Free Asia can be estab-
lished and operated within the funding limitations provided
for in subsection (d)(4) and subsection (d)(5).
(4) If the Board determines that a Radio Free Asia cannot
be established or operated effectively within the funding limita-
tions provided for in this section, the Board may submit,
through the Director of the United States Information Agency,
an alternative plan and such proposed changes in legislation
as may be necessary to the appropriate congressional commit-
tees.
(d) GRANT AGREEMENT.—Any grant agreement or grants under
this section shall be subject to the following limitations and restric-
tions:
(1)(A) The Board may not make any grant to Radio Free
Asia unless the headquarters of Radio Free Asia and its senior
administrative and managerial staff are in a location which
ensures economy, operational effectiveness, and accountability
to the Board.
(B) Not later than 90 days after confirmation of the Board,
the Board shall provide a report to Congress on the number
of administrative, managerial, and technical staff of Radio Free
Asia who will be located within the metropolitan area of
Washington, D.C., and the number of employees whose prin-
cipal place of business will be located outside the metropolitan
area of Washington, D.C.
(2) Any grant agreement under this section shall require
that any contract entered into by Radio Free Asia shall specify
that all obligations are assumed by Radio Free Asia and not
by the United States Government, and shall further specify
H. R. 2333—60
that funds to carry out the activities of Radio Free Asia may
not be available after September 30, 1999.
(3) Any grant agreement shall require that any lease agree-
ments entered into by Radio Free Asia shall be, to the maximum
extent possible, assignable to the United States Government.
(4) Grants made for the operating costs of Radio Free
Asia may not exceed $22,000,000 in any fiscal year.
(5) The total amount of grant funds made available for
one-time capital costs of Radio Free Asia may not exceed
$8,000,000.
(6) Grants awarded under this section shall be made pursu-
ant to a grant agreement which requires that grant funds
be used only for activities consistent with this section, and
that failure to comply with such requirements shall permit
the grant to be terminated without fiscal obligation to the
United States.
(e) LIMITATIONS ON ADMINISTRATIVE AND MANAGERIAL COSTS.—
It is the sense of the Congress that administrative and managerial
costs for operation of Radio Free Asia should be kept to a minimum
and, to the maximum extent feasible, should not exceed the costs
that would have been incurred if Radio Free Asia had been operated
as a Federal entity rather than as a grantee.
(f) ASSESSMENT OF THE EFFECTIVENESS OF RADIO FREE ASIA.—
Not later than 3 years after the date on which initial funding
is provided for the purpose of operating Radio Free Asia, the Board
shall submit to the appropriate congressional committees a report
on—
(1) whether Radio Free Asia is technically sound and cost-
effective,
(2) whether Radio Free Asia consistently meets the stand-
ards for quality and objectivity established by this title,
(3) whether Radio Free Asia is received by a sufficient
audience to warrant its continuation,
(4) the extent to which such broadcasting is already being
received by the target audience from other credible sources;
and
(5) the extent to which the interests of the United States
are being served by maintaining broadcasting of Radio Free
Asia.
(g) SUNSET PROVISION.—The Board may not make any grant
for the purpose of operating Radio Free Asia after September 30,
1998, unless the President of the United States determines in
the President’s fiscal year 1999 budget submission that continuation
of funding for Radio Free Asia for 1 additional year is in the
interest of the United States.
(h) NOTIFICATION
AND CONSULTATION REGARDING DISPLACE-
MENT OF VOICE OF AMERICA BROADCASTING.—The Board shall notify
the appropriate congressional committees before entering into any
agreements for the utilization of Voice of America transmitters,
equipment, or other resources that will significantly reduce the
broadcasting activities of the Voice of America in Asia or any
other region in order to accommodate the broadcasting activities
of Radio Free Asia. The Chairman of the Board shall consult with
such committees on the impact of any such reduction in Voice
of America broadcasting activities.
H. R. 2333—61
(i) NOT
A FEDERAL AGENCY
OR INSTRUMENTALITY.—Nothing
in this title may be construed to make Radio Free Asia a Federal
agency or instrumentality.
SEC. 310. TRANSITION.
(a) AUTHORIZATION.—
(1) The President is authorized consistent with the pur-
poses of this Act to direct the transfer of all functions and
authorities from the Board for International Broadcasting to
the United States Information Agency, the Board, or the Bureau
as may be necessary to implement this title.
(2)(A) Not later than 120 days after the date of enactment
of this Act, the Director of the United States Information
Agency and the Chairman of the Board for International Broad-
casting shall jointly prepare and submit to the President for
approval and implementation a plan to implement the provi-
sions of this title. Such plan shall include at a minimum a
detailed cost analysis to implement fully the recommendations
of such plan. The plan shall identify all costs in excess of
those authorized for such purposes and shall provide that any
excess cost to implement the plan shall be derived only from
funds authorized in section 201 of this Act.
(B) The President shall transmit copies of the approved
plan, together with any recommendations for legislative
changes that may be necessary, to the appropriate congressional
committees.
(b) NEW APPOINTEES.—The Director of the United States
Information Agency may assign employees of the Agency for service
with RFE/RL, Incorporated, with the concurrence of the president
of RFE/RL, Incorporated. Such assignment shall not affect the
rights and benefits of such personnel as employees of the United
States Information Agency.
(c) BOARD FOR INTERNATIONAL BROADCASTING PERSONNEL.—
All Board for International Broadcasting full-time United States
Government personnel (except special Government employees) and
part-time United States Government personnel holding permanent
positions shall be transferred to the United States Information
Agency, the Board, or the Bureau. Such transfer shall not cause
any such employee to be separated or reduced in grade or compensa-
tion.
(d) OTHER AUTHORITIES.—The Director of the United States
Information Agency is authorized to utilize the provisions of titles
VIII and IX of the United States Information and Educational
Exchange Act of 1948, and any other authority available to the
Director on the date of enactment of this Act, to the extent that
the Director considers necessary in carrying out the provisions
and purposes of this title.
(e) REPEAL.—The Board for International Broadcasting Act of
1973 (22 U.S.C. 2871, et seq.) is repealed effective September 30,
1995, or the date on which all members of the Board are confirmed,
whichever is earlier.
(f) SAVINGS PROVISIONS.—
(1) CONTINUING EFFECT OF LEGAL DOCUMENTS.—All orders,
determinations, rules, regulations, permits, agreements, grants,
contracts, certificates, licenses, registrations, privileges, and
other administrative actions—
H. R. 2333—62
(A) which have been issued, made, granted, or allowed
to become effective by the President, any Federal agency
or official thereof, or by a court of competent jurisdiction,
in the performance of functions which are transferred under
this title; and
(B) which are in effect at the time this title takes
effect, or were final before the effective date of this title
and are to become effective on or after the effective date
of this title,
shall continue in effect according to their terms until modified,
terminated, superseded, set aside, or revoked in accordance
with law by the President, the Director of the United States
Information Agency or other authorized official, a court of com-
petent jurisdiction, or by operation of law.
(2) PROCEEDINGS NOT AFFECTED.—The provisions of this
title shall not affect any proceedings pending before the Board
for International Broadcasting at the time this title takes effect,
with respect to functions transferred by this title, but such
proceedings shall be continued. Orders shall be issued in such
proceedings, appeals shall be taken therefrom, and payments
shall be made pursuant to such orders, as if this title had
not been enacted, and orders issued in any such proceedings
shall continue in effect until modified, terminated, superseded,
or revoked by a duly authorized official, by a court of competent
jurisdiction, or by operation of law. Nothing in this subsection
shall be deemed to prohibit the termination or modification
of any such proceeding under the same terms and conditions
and to the same extent that such proceeding could have been
terminated or modified if this title had not been enacted.
(3) SUITS NOT AFFECTED.—The provisions of this title shall
not affect suits commenced before the effective date of this
title, and in all such suits, proceedings shall be had, appeals
taken, and judgments rendered in the same manner and with
the same effect as if this title had not been enacted.
(4) NONABATEMENT OF ACTIONS.—No suit, action, or other
proceeding commenced by or against the Board for International
Broadcasting or by or against any individual in the official
capacity of such individual as an officer of the Board for Inter-
national Broadcasting shall abate by reason of the enactment
of this title.
(5) ADMINISTRATIVE ACTIONS RELATING TO PROMULGATION
OF REGULATIONS.—Any administrative action relating to the
preparation or promulgation of a regulation by the Board for
International Broadcasting relating to a function transferred
under this title may be continued by the United States Informa-
tion Agency with the same effect as if this title had not been
enacted.
(6) REFERENCES.—A reference in any provision of law,
reorganization plan, or other authority to the Associate Director
for Broadcasting of the United States Information Agency shall
be considered to be a reference to the Director of the Inter-
national Broadcasting Bureau of the United States Information
Agency.
(7) EFFECT
ON
OTHER
LAWS.—The provisions of, and
authorities contained in or transferred pursuant to, this title
are not intended to repeal, limit, or otherwise derogate from
the authorities or functions of or available to the Director
H. R. 2333—63
of the United States Information Agency or the Secretary of
State under law, reorganization plan, or otherwise, unless such
provision hereof—
(A) specifically refers to the provision of law or author-
ity existing on the effective date of this title, so affected;
or
(B) is in direct conflict with such law or authority
existing on the effective date of this title.
SEC. 311. PRESERVATION OF AMERICAN JOBS.
It is the sense of the Congress that the Director of the United
States Information Agency and the Chairman of the Board for
International Broadcasting should, in developing the plan for
consolidation and reorganization of overseas international broad-
casting services, limit, to the maximum extent feasible, consistent
with the purposes of the consolidation, elimination of any United
States-based positions and should affirmatively seek to transfer
as many positions as possible to the United States.
SEC. 312. PRIVATIZATION OF RADIO FREE EUROPE AND RADIO LIB-
ERTY.
(a) DECLARATION OF POLICY.—It is the sense of the Congress
that, in furtherance of the objectives of section 302 of this Act,
the funding of Radio Free Europe and Radio Liberty should be
assumed by the private sector not later than December 31, 1999,
and that the funding of Radio Free Europe and Radio Liberty
Research Institute should be assumed by the private sector at
the earliest possible time.
(b) PRESIDENTIAL SUBMISSION.—The President shall submit
with his annual budget submission as provided for in section 307
an analysis and recommendations for achieving the objectives of
subsection (a).
(c) REPORTS ON TRANSFER OF RFE/RL RESEARCH INSTITUTE.—
Not later than 120 days after the date of enactment of this Act,
the Board for International Broadcasting, or the Board, if estab-
lished, shall submit to the appropriate congressional committees
a report on the steps being taken to transfer RFE/RL Research
Institute pursuant to subsection (a) and shall provide periodic
progress reports on such efforts until such transfer has been
achieved.
SEC. 313. REQUIREMENT FOR AUTHORIZATION OF APPROPRIATIONS.
(a) LIMITATION ON OBLIGATION AND EXPENDITURE OF FUNDS.—
Notwithstanding any other provision of law, for the fiscal year
1994 and for each subsequent fiscal year, any funds appropriated
for the purposes of broadcasting subject to the direction and super-
vision of the Board shall not be available for obligation or
expenditure—
(1) unless such funds are appropriated pursuant to an
authorization of appropriations; or
(2) in excess of the authorized level of appropriations.
(b) SUBSEQUENT AUTHORIZATION.—The limitation under sub-
section (a) shall not apply to the extent that an authorization
of appropriations is enacted after such funds are appropriated.
(c) APPLICATION.—The provisions of this section—
(1) may not be superseded, except by a provision of law
which specifically repeals, modifies, or supersedes the provi-
sions of this section; and
H. R. 2333—64
(2) shall not apply to, or affect in any manner, permanent
appropriations, trust funds, and other similar accounts which
are authorized by law and administered under or pursuant
to this title.
SEC. 314. DEFINITIONS.
For the purposes of this title—
(1) the term ‘‘appropriate congressional committees’’ means
the Committee on Foreign Relations and the Committee on
Appropriations of the Senate and the Committee on Foreign
Affairs and the Committee on Appropriations of the House
of Representatives;
(2) the term ‘‘RFE/RL, Incorporated’’ includes—
(A) the corporation having the corporate title described
in section 307(b)(3); and
(B) any alternative grantee described in section 307(e);
and
(3) the term ‘‘salary or other compensation’’ includes any
deferred compensation or pension payments, any payments for
expenses for which the recipient is not obligated to itemize,
and any payments for personnel services provided to an
employee of RFE/RL, Incorporated.
SEC. 315. TECHNICAL AND CONFORMING AMENDMENTS.
(a) VOICE OF AMERICA BROADCASTS.—Section 503 of the United
States Information and Educational Exchange Act of 1948 (22
U.S.C. 1463) is repealed.
(b) ISRAEL RELAY STATION.—Section 301(c) of the Foreign Rela-
tions Authorization Act, Fiscal Years 1990 and 1991, is repealed.
(c) BOARD
FOR INTERNATIONAL BROADCASTING ACT.—Section
4(a)(1) of the Board for International Broadcasting Act of 1973
is amended to read as follows:
‘‘(1) to make grants to RFE/RL, Incorporated and, until
September 30, 1995, to make grants to entities established
in the privatization of certain functions of RFE/RL, Incor-
porated in order to carry out the purposes set forth in
section 2 of this Act;’’.
TITLE IV—INTERNATIONAL
ORGANIZATIONS
PART A—UNITED NATIONS REFORM AND
PEACEKEEPING OPERATIONS
SEC. 401. UNITED NATIONS OFFICE OF INSPECTOR GENERAL.
(a) WITHHOLDING OF PORTION OF CERTAIN ASSESSED CONTRIBU-
TIONS.—Until a certification is made under subsection (b), the fol-
lowing amounts shall be withheld from obligation and expenditure
(in addition to any amounts required to be withheld by any other
provision of this Act):
(1) FY 1994 ASSESSED CONTRIBUTIONS FOR U.N. REGULAR
BUDGET.—Of the funds appropriated for ‘‘Contributions to Inter-
national Organizations’’ for fiscal year 1994, 10 percent of the
amount for United States assessed contributions to the regular
budget of the United Nations shall be withheld.
H. R. 2333—65
(2) FY 1995 ASSESSED CONTRIBUTIONS FOR U.N. REGULAR
BUDGET.—Of the funds appropriated for ‘‘Contributions to Inter-
national Organizations’’ for fiscal year 1995, 20 percent of the
amount for United States assessed contributions to the regular
budget of the United Nations shall be withheld.
(3) SUPPLEMENTAL
ASSESSED
PEACEKEEPING
CONTRIBU-
TIONS.—Of the funds appropriated for ‘‘Contributions for Inter-
national Peacekeeping Activities’’ for a fiscal year pursuant
to the authorization of appropriations under section 102(d),
50 percent shall be withheld.
(b) CERTIFICATION.—The certification referred to in subsection
(a) is a certification by the President to the Congress that—
(1) the United Nations has established an independent
office of Inspector General to conduct and supervise objective
audits, inspections, and investigations relating to the programs
and operations of the United Nations;
(2) the Secretary General of the United Nations has
appointed an Inspector General, with the approval of the Gen-
eral Assembly, and that appointment was made principally
on the basis of the appointee’s integrity and demonstrated
ability in accounting, auditing, financial analysis, law, manage-
ment analysis, public administration, or investigations;
(3) the Inspector General is authorized to—
(A) make investigations and reports relating to the
administration of the programs and operations of the
United Nations;
(B) have access to all records, documents, and other
available materials relating to those programs and oper-
ations; and
(C) have direct and prompt access to any official of
the United Nations;
(4) the United Nations has procedures in place designed
to protect the identity of, and to prevent reprisals against,
any staff member making a complaint or disclosing information
to, or cooperating in any investigation or inspection by, the
Inspector General;
(5) the United Nations has procedures in place designed
to ensure compliance with the recommendations of the Inspector
General; and
(6) the United Nations has procedures in place to ensure
that all annual and other relevant reports submitted by the
Inspector General are made available to the General Assembly
without modification.
(c) SPECIALIZED AGENCIES.—United States representatives to
the United Nations should promote complete Inspector General
access to all records and officials of the specialized agencies of
the United Nations, and should strive to achieve such access by
fiscal year 1996.
(d) DEFINITION.—For purposes of this part, the term ‘‘Inspector
General’’ means the head of an independent office (or other
independent entity) established by the United Nations to conduct
and supervise objective audits, inspections, and investigations relat-
ing to the programs and operations of the United Nations.
H. R. 2333—66
SEC. 402. UNITED STATES PARTICIPATION IN MANAGEMENT OF THE
UNITED NATIONS.
It is the sense of the Congress that, consistent with the United
Nations Charter, United States nationals should have equitable
representation at senior management levels in the United Nations
system, especially in the Department for Administration and
Mangement and in the office of the Inspector General.
SEC. 403. SENSE OF THE SENATE ON DEPARTMENT OF DEFENSE
FUNDING FOR UNITED NATIONS PEACEKEEPING OPER-
ATIONS.
It is the sense of the Senate that beginning October 1, 1995,
funds made available to the Department of Defense (including funds
for ‘‘Operation and Maintenance’’) shall be available for—
(1) United States assessed or voluntary contributions for
United Nations peacekeeping operations, or
(2) the unreimbursable incremental costs associated with
the participation of United States Armed Forces in any United
Nations peacekeeping operation (other than an operation nec-
essary to protect American lives or United States national
interests),
only to the extent that the Congress has authorized, appropriated,
or otherwise approved funds for such purposes.
SEC. 404. ASSESSED CONTRIBUTIONS FOR UNITED NATIONS PEACE-
KEEPING OPERATIONS.
(a) REASSESSMENT
OF
CONTRIBUTION
PERCENTAGES.—The
Permanent Representative of the United States to the United
Nations should make every effort to ensure that the United Nations
completes an overall review and reassessment of each nation’s
assessed contributions for United Nations peacekeeping operations.
As part of the overall review and assessment, the Permanent Rep-
resentative should make every effort to advance the concept that,
when appropriate, host governments and other governments in
the region where a United Nations peacekeeping operation is carried
out should bear a greater burden of its financial cost.
(b) LIMITATION ON UNITED STATES CONTRIBUTIONS.—
(1) FISCAL YEARS 1994 AND 1995.—Funds authorized to be
appropriated for ‘‘Contributions for International Peacekeeping
Activities’’ for fiscal years 1994 and 1995 shall not be available
for the payment of the United States assessed contribution
for a United Nations peacekeeping operation in an amount
which is greater than 30.4 percent of the total of all assessed
contributions for that operation, notwithstanding the last sen-
tence of the paragraph headed ‘‘Contributions to International
Organizations’’ in Public Law 92–544, as amended by section
203 of the Foreign Relations Authorization Act, Fiscal Year
1976 (22 U.S.C. 287e note).
(2) SUBSEQUENT FISCAL YEARS.—Funds authorized to be
appropriated for ‘‘Contributions for International Peacekeeping
Activities’’ for any fiscal year after fiscal year 1995 shall not
be available for the payment of the United States assessed
contribution for a United Nations peacekeeping operation in
an amount which is greater than 25 percent of the total of
all assessed contributions for that operation.
(3) CONFORMING AMENDMENT.—The last sentence of the
paragraph headed ‘‘Contributions to International Organiza-
H. R. 2333—67
tions’’ in Public Law 92–544, as amended by section 203 of
the Foreign Relations Authorization Act, Fiscal Year 1976 (22
U.S.C. 287e note), is amended by striking ‘‘conducted by or
under the auspices of the United Nations or’’ and inserting
‘‘(other than United Nations peacekeeping operations) con-
ducted’’.
SEC. 405. UNITED STATES PERSONNEL TAKEN PRISONER WHILE
SERVING IN MULTINATIONAL FORCES.
It is the sense of the Congress that—
(1) the President should take immediate steps, unilaterally
and in appropriate international bodies, to assure that any
United States military personnel serving as part of a multi-
national force who are captured are accorded protections
equivalent to those accorded to prisoners of war under the
1949 Geneva Conventions and other international agreements
intended to protect prisoners of war; and
(2) the President should also take all necessary steps to
bring to justice all individuals responsible for any mistreatment
or torture of, or for causing the death of, United States military
personnel who are captured while serving in a multinational
force.
SEC. 406. TRANSMITTALS OF CERTAIN UNITED NATIONS DOCUMENTS.
Section 4 of the United Nations Participation Act of 1945 (22
U.S.C. 287b) is amended—
(1) by inserting ‘‘(a) PERIODIC REPORTS.—’’ after ‘‘SEC. 4.’’;
and
(2) by adding at the end the following:
‘‘(b) TRANSMITTAL OF SECURITY COUNCIL RESOLUTIONS.—Not
later than 3 days (excluding Saturdays, Sundays, and legal holidays)
after adoption of any resolution by the Security Council, the Sec-
retary of State shall transmit the text of such resolution and any
supporting documentation to the designated congressional commit-
tees.
‘‘(c) REPORTS ON PEACEKEEPING OPERATIONS.—The Secretary
of State shall promptly transmit to the designated congressional
committees any published report prepared by the United Nations
and distributed to the members of the Security Council that contains
assessments of any proposed, ongoing, or concluded United Nations
peacekeeping operation.’’.
SEC. 407. CONSULTATIONS AND REPORTS.
(a) CONSULTATIONS AND REPORTS ON U.N. PEACEKEEPING OPER-
ATIONS.—
(1) CONSULTATIONS.—Each month the President shall con-
sult with the Congress on the status of United Nations peace-
keeping operations.
(2) INFORMATION
TO
BE
PROVIDED.—In connection with
these consultations, the following information shall be provided
each month to the designated congressional committees:
(A) With respect to ongoing United Nations peacekeep-
ing operations, the following:
(i) A list of all resolutions of the United Nations
Security Council anticipated to be voted on during
such month that would extend or change the mandate
of any United Nations peacekeeping operation.
H. R. 2333—68
(ii) For each such operation, any changes in the
duration, mandate, and command and control arrange-
ments that are anticipated as a result of the adoption
of the resolution.
(iii) An estimate of the total cost to the United
Nations of each such operation for the period covered
by the resolution, and an estimate of the amount of
that cost that will be assessed to the United States.
(iv) Any anticipated significant changes in United
States participation in or support for each such oper-
ation during the period covered by the resolution, and
the estimated costs to the United States of such
changes.
(B) With respect to each new United Nations peace-
keeping operation that is anticipated to be authorized by
a Security Council resolution during such month, the fol-
lowing information for the period covered by the resolution:
(i) The anticipated duration, mandate, and com-
mand and control arrangements of such operation.
(ii) An estimate of the total cost to the United
Nations of the operation, and an estimate of the
amount of that cost that will be assessed to the United
States.
(iii) A description of the functions that would be
performed by any United States Armed Forces partici-
pating in or otherwise operating in support of the
operation, an estimate of the number of members of
the Armed Forces that will participate in or otherwise
operate in support of the operation, and an estimate
of the cost to the United States of such participation
or support.
(3) WRITTEN INFORMATION.—The information described in
clauses (i) and (iii) of paragraph (2)(A) and the information
described in clauses (i) and (ii) of paragraph (2)(B) shall be
provided each month to the designated congressional commit-
tees in written form not later than the 10th day of that month.
(4) INTERIM INFORMATION.—(A) The President shall submit
to the designated congressional committees a written interim
report if, during the period between the monthly consultations
required by paragraph (1), the United States learns that the
United Nations Security Council is likely, before the next such
consultation, to vote on a resolution that would authorize a
new United Nations peacekeeping operation and that resolution
was not previously reported on pursuant to paragraph (2)(B).
Each interim report shall include the information described
in clauses (i) and (ii) of paragraph (2)(B).
(B) Any such interim report shall be submitted not less
than 5 days before the vote of the United Nations Security
Council, unless the President determines that exceptional cir-
cumstances prevented compliance with the requirement to
report 5 days in advance. If the President makes such a deter-
mination, the interim report shall be submitted promptly (but
in no case later than 3 days after the vote) and shall include
a copy of the determination and a description of the exceptional
circumstances which were the basis for that determination.
(5) NOTIFICATION
AND
QUARTERLY
REPORTS
REGARDING
UNITED STATES ASSISTANCE.—(A) The President shall notify the
H. R. 2333—69
designated congressional committees at least 15 days before
the United States provides any assistance to the United Nations
to support peacekeeping operations. This subparagraph does
not apply to—
(i) assistance having a value of less than $3,000,000
in the case of nonreimburseable assistance or less than
$14,000,000 in the case of reimburseable assistance, or
(ii) assistance provided under the emergency drawdown
authority of sections 506(a)(1) and 552(c)(2) of the Foreign
Assistance Act of 1961 (22 U.S.C. 2318(a)(1) and
2348a(c)(2)).
(B) The President shall submit quarterly reports to the
designated congressional committees on all assistance provided
by the United States during the preceding calendar quarter
to the United Nations to support peacekeeping operations. Each
report shall describe the assistance provided for each such
operation, listed by category of assistance. The report for the
fourth calendar quarter of each year shall be submitted as
part of the annual report required by section 4(d) of the United
Nations Participation Act of 1945 (as added by subsection (b)
of this section) and shall include cumulative information for
the preceding calendar year.
(b) ANNUAL REPORTS.—Section 4 of the United Nations Partici-
pation Act of 1945 (22 U.S.C. 287b), as amended by the preceding
section of this title, is further amended by adding at the end
the following:
‘‘(d) ANNUAL REPORT.—In addition to the report required by
subsection (a), the President, at the time of submission of the
annual budget request to the Congress, shall submit to the des-
ignated congressional committees a report that includes the follow-
ing:
‘‘(1) COSTS OF PEACEKEEPING OPERATIONS.—
‘‘(A) In accordance with section 407(a)(5)(B) of the For-
eign Relations Authorization Act, Fiscal Years 1994 and
1995, a description of all assistance provided by the United
States to the United Nations to support peacekeeping oper-
ations during the previous calendar quarter and during
the previous year.
‘‘(B) With respect to United Nations peacekeeping
operations—
‘‘(i) the aggregate cost of all United Nations peace-
keeping operations for the prior fiscal year;
‘‘(ii) the costs of each United Nations peacekeeping
operation for the prior fiscal year; and
‘‘(iii) the amount of United States contributions
(both assessed and voluntary) to United Nations peace-
keeping operations on an operation-by-operation basis
for the prior fiscal year.
‘‘(C) With respect to other international peacekeeping
operations in which the United States participates—
‘‘(i) the aggregate cost of all such operations for
the prior fiscal year;
‘‘(ii) the costs of each such operation for the prior
fiscal year; and
‘‘(iii) the amount of United States contributions
(both assessed and voluntary) to such operations on
an operation-by-operation basis for the prior fiscal year.