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TITLE XVI—ARMS CONTROL AND
DISARMAMENT AGENCY
SEC. 1601. COMPREHENSIVE COMPILATION OF ARMS CON-
TROL AND DISARMAMENT STUDIES.
Section 39 of the Arms Control and Disarmament
Act (22 U.S.C. 2579) is repealed.
SEC. 1602. USE OF FUNDS.
Section 48 of the Arms Control and Disarmament
Act (22 U.S.C. 2588) is amended by striking ‘‘section 11
of the Act of March 1, 1919 (44 U.S.C. 111)’’ and insert-
ing ‘‘any other Act’’.
TITLE XVII—FOREIGN POLICY
PROVISIONS
SEC. 1701. UNITED STATES POLICY REGARDING THE INVOL-
UNTARY RETURN OF REFUGEES.
(a) IN GENERAL.—No funds authorized to be appro-
priated by this division shall be available to effect the in-
voluntary return by the United States of any person to
a country in which the person has a well founded fear of
persecution on account of race, religion, nationality, mem-
bership in a particular social group, or political opinion,
except on grounds recognized as precluding protection as
a refugee under the United Nations Convention Relating
to the Status of Refugees of July 28, 1951, and the Proto-
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col Relating to the Status of Refugees of January 31,
1967.
(b) MIGRATION
AND REFUGEE ASSISTANCE.—No
funds authorized to be appropriated by section 1104 of
this Act or by section 2(c) of the Migration and Refugee
Assistance Act of 1962 (22 U.S.C. 2601(c)) shall be avail-
able to effect the involuntary return of any person to any
country unless the Secretary of State first notifies the ap-
propriate congressional committees, except that in the
case of an emergency involving a threat to human life the
Secretary of State shall notify the appropriate congres-
sional committees as soon as practicable.
(c) INVOLUNTARY RETURN DEFINED.—As used in
this section, the term ‘‘to effect the involuntary return’’
means to require, by means of physical force or cir-
cumstances amounting to a threat thereof, a person to re-
turn to a country against the person’s will, regardless of
whether the person is physically present in the United
States and regardless of whether the United States acts
directly or through an agent.
SEC. 1702. UNITED STATES POLICY WITH RESPECT TO THE
INVOLUNTARY RETURN OF PERSONS IN DAN-
GER OF SUBJECTION TO TORTURE.
(a) IN GENERAL.—The United States shall not expel,
extradite, or otherwise effect the involuntary return of any
196
person to a country in which there are reasonable grounds
for believing the person would be in danger of subjection
to torture.
(b) DEFINITIONS.—
(1) IN
GENERAL.—Except as otherwise pro-
vided, terms used in this section have the meanings
given such terms under the United Nations Conven-
tion Against Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment, subject to any
reservations, understandings, declarations, and pro-
visos contained in the United States resolution of
advice and consent to ratification to such conven-
tion.
(2) INVOLUNTARY RETURN.—As used in this
section, the term ‘‘effect the involuntary return’’
means to take action by which it is reasonably fore-
seeable that a person will be required to return to
a country against the person’s will, regardless of
whether such return is induced by physical force and
regardless of whether the person is physically
present in the United States.
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SEC. 1703. REPORTS ON CLAIMS BY UNITED STATES FIRMS
AGAINST THE GOVERNMENT OF SAUDI ARA-
BIA.
(a) IN GENERAL.—Within 60 days after the date of
the enactment of this Act and every 120 days thereafter,
the Secretary of State, in coordination with the Secretary
of Defense and the Secretary of Commerce, shall report
to the appropriate congressional committees on specific ac-
tions taken by the Department of State, the Department
of Defense, and the Department of Commerce toward
progress in resolving the commercial disputes between
United States firms and the Government of Saudi Arabia
that are described in the June 30, 1993, report by the
Secretary of Defense pursuant to section 9140(c) of the
Department of Defense Appropriations Act, 1993 (Public
Law 102–396), including the additional claims noticed by
the Department of Commerce on page 2 of that report.
(b) TERMINATION.—Subsection (a) shall cease to
have effect when the Secretary of State, in coordination
with the Secretary of Defense and the Secretary of Com-
merce, certifies in writing to the appropriate congressional
committees that the commercial disputes referred to in
subsection (a) have been resolved satisfactorily.
198
SEC. 1704. HUMAN RIGHTS REPORTS.
Section 116(d) of the Foreign Assistance Act of 1961
(22 U.S.C. 2151n) is amended by striking ‘‘January 31’’
and inserting ‘‘February 15’’.
SEC. 1705. PROHIBITION ON FUNDING FOR COERCIVE POP-
ULATION CONTROL METHODS.
(a) LIMITATION.—Notwithstanding any other provi-
sion of law or of this Act, none of the funds authorized
to be appropriated by this division are authorized to be
available for the United Nations Population Fund
(UNFPA), unless the President certifies to the appro-
priate congressional committees that (1) the United Na-
tions Population Fund has terminated all activities in the
People’s Republic of China; or (2) during the 12 months
preceding such certification there have been no abortions
as the result of coercion associated with the family plan-
ning policies of the national government or other govern-
mental entities within the People’s Republic of China.
(b) USE OF TERM ‘‘COERCION’’.—As used in this
section the term ‘‘coercion’’ includes physical duress or
abuse, destruction or confiscation of property, loss of
means of livelihood, or severe psychological pressure.
SEC. 1706. REPORTS AND POLICY CONCERNING DIPLO-
MATIC IMMUNITY.
(a) ANNUAL REPORT CONCERNING DIPLOMATIC IM-
MUNITY.—
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(1) REPORT TO CONGRESS.—The Secretary of
State shall prepare and submit to the Congress, an-
nually, a report concerning diplomatic immunity en-
titled ‘‘Report on Cases Involving Diplomatic Immu-
nity’’.
(2) CONTENT OF REPORT.—In addition to such
other information as the Secretary of State may con-
sider appropriate, the report under paragraph (1)
shall include the following:
(A) The number of persons residing in the
United States who enjoy full immunity from the
criminal jurisdiction of the United States under
laws extending diplomatic privileges and immu-
nities.
(B) Each case involving an alien described
in subparagraph (A) in which the appropriate
authorities of a State, a political subdivision of
a State, or the United States reported to the
Department of State that the authority had
reasonable cause to believe the alien committed
a serious criminal offense within the United
States.
(C) Each case in which the United States
has certified that a person is enjoys full immu-
nity from the criminal jurisdiction of the United
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States under laws extending diplomatic privi-
leges and immunities.
(D) The number of United States citizens
who are residing in a receiving state and who
enjoy full immunity from the criminal jurisdic-
tion of such state under laws extending diplo-
matic privileges and immunities.
(E) Each case involving a United States
citizen under subparagraph (D) in which the
United States has been requested by the gov-
ernment of a receiving state to waive the immu-
nity from criminal jurisdiction of the United
States citizen.
(3) SERIOUS CRIMINAL OFFENSE DEFINED.—
The term ‘‘serious criminal offense’’ means—
(A) any felony under Federal, State, or
local law;
(B) any Federal, State, or local offense
punishable by a term of imprisonment of more
than 1 year ;
(C) any crime of violence as defined for
purposes of section 16 of title 18, United States
Code; or
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(D) driving under the influence of alcohol
or drugs or driving while intoxicated if the case
involves personal injury to another individual.
(b) UNITED STATES POLICY CONCERNING REFORM
OF DIPLOMATIC IMMUNITY.—It is the sense of the Con-
gress that the Secretary of State should explore, in appro-
priate fora, whether states should enter into agreements
and adopt legislation—
(1) to provide jurisdiction in the sending state
to prosecute crimes committed in the receiving state
by persons entitled to immunity from criminal juris-
diction under laws extending diplomatic privileges
and immunities; and
(2) to provide that where there is probable
cause to believe that an individual who is entitled to
immunity from the criminal jurisdiction of the re-
ceiving state under laws extending diplomatic privi-
leges and immunities committed a serious crime, the
sending state will waive such immunity or the send-
ing state will prosecute such individual.
SEC. 1707. CONGRESSIONAL STATEMENT WITH RESPECT TO
EFFICIENCY IN THE CONDUCT OF FOREIGN
POLICY.
It is the sense of the Congress that the Secretary,
after consultation with the appropriate congressional com-
202
mittees, should submit a plan to the Congress to consoli-
date some or all of the functions currently performed by
the Department of State, the agency for International De-
velopment, and the Arms Control and Disarmament Agen-
cy, in order to increase efficiency and accountability in the
conduct of the foreign policy of the United States.
SEC. 1708. CONGRESSIONAL STATEMENT CONCERNING
RADIO FREE EUROPE/RADIO LIBERTY.
It is the sense of the Congress that Radio Free Eu-
rope/Radio Liberty should continue surrogate broadcast-
ing beyond the year 2000 to countries whose people do
not yet fully enjoy freedom of expression. Recent events
in Serbia, Belarus, and Slovakia, among other nations,
demonstrate that even after the end of communist rule
in such nations, tyranny under other names still threatens
the freedom of their peoples, and hence the stability of
Europe and the national security interest of the United
States. The Broadcasting Board of Governors should
therefore continue to allocate sufficient funds to Radio
Free Europe/Radio Liberty to continue broadcasting at
current levels to target countries and to increase these lev-
els in response to renewed threats to freedom.
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SEC. 1709. PROGRAMS OR PROJECTS OF THE INTER-
NATIONAL 
ATOMIC 
ENERGY 
AGENCY 
IN
CUBA.
(a) WITHHOLDING
OF UNITED STATES PROPOR-
TIONAL SHARE OF ASSISTANCE.—
(1) IN GENERAL.—Section 307(c) of the For-
eign Assistance Act of 1961 (22 U.S.C. 2227(c)) is
amended—
(A) by striking ‘‘The limitations’’ and in-
serting ‘‘(1) Subject to paragraph (2), the limi-
tations’’; and
(B) by adding at the end the following:
‘‘(2)(A) Except as provided in subparagraph (B),
with respect to funds authorized to be appropriated by this
chapter and available for the International Atomic Energy
Agency, the limitations of subsection (a) shall apply to
programs or projects of such Agency in Cuba.
‘‘(B)(i) Subparagraph (A) shall not apply with re-
spect to programs or projects of the International Atomic
Energy Agency that provide for the discontinuation, dis-
mantling, or safety inspection of nuclear facilities or relat-
ed materials, or for inspections and similar activities de-
signed to prevent the development of nuclear weapons by
a country described in subsection (a).
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‘‘(ii) Clause (i) shall not apply with respect to the
Juragua Nuclear Power Plant near Cienfuegos, Cuba, or
the Pedro Pi Nuclear Research Center unless Cuba—
‘‘(I) ratifies the Treaty on the Non-Prolifera-
tion of Nuclear Weapons (21 UST 483) or the Trea-
ty for the Prohibition of Nuclear Weapons in Latin
America (commonly known as the Treaty of
Tlatelolco);
‘‘(II) negotiates full-scope safeguards of the
International Atomic Energy Agency not later than
two years after ratification by Cuba of such Treaty;
and
‘‘(III) incorporates internationally accepted nu-
clear safety standards.’’.
(2) EFFECTIVE DATE.—The amendments made
by paragraph (1) shall take effect on October 1,
1997, or the date of the enactment of this Act,
whichever occurs later.
(b) 
OPPOSITION
TO
CERTAIN
PROGRAMS
OR
PROJECTS.—The Secretary of State shall direct the Unit-
ed States representative to the International Atomic En-
ergy Agency to oppose the following:
(1) Technical assistance programs or projects of
the Agency at the Juragua Nuclear Power Plant
205
near Cienfuegos, Cuba, and at the Pedro Pi Nuclear
Research Center.
(2) Any other program or project of the Agency
in Cuba that is, or could become, a threat to the se-
curity of the United States.
(c) REPORTING REQUIREMENTS.—
(1) REQUEST FOR IAEA REPORTS.—The Sec-
retary of State shall direct the United States rep-
resentative to the International Atomic Energy
Agency to request the Director-General of the Agen-
cy to submit to the United States all reports pre-
pared with respect to all programs or projects of the
Agency that are of concern to the United States, in-
cluding the programs or projects described in sub-
section (b).
(2) ANNUAL REPORTS TO THE CONGRESS.—Not
later than 180 days after the date of the enactment
of this Act, and on an annual basis thereafter, the
Secretary of State, in consultation with the United
States representative to the International Atomic
Energy Agency, shall prepare and submit to the
Congress a report containing a description of all
programs or projects of the Agency in each country
described in section 307(a) of the Foreign Assist-
ance Act of 1961 (22 U.S.C. 2227(a)).
206
SEC. 1710. UNITED STATES POLICY WITH RESPECT TO JE-
RUSALEM AS THE CAPITAL OF ISRAEL.
(a) LIMITATION.—Of the amounts authorized to be
appropriated by section 1101(4) for ‘‘Acquisition and
Maintenance of Buildings Abroad’’ $25,000,000 for the
fiscal year 1998 and $75,000,000 for the fiscal year 1999
is authorized to be appropriated for the construction of
a United States Embassy in Jerusalem, Israel.
(b) LIMITATION ON USE OF FUNDS FOR CONSULATE
IN JERUSALEM.—None of the funds authorized to be ap-
propriated by this division may be expended for the oper-
ation of a United States consulate or diplomatic facility
in Jerusalem unless such consulate or diplomatic facility
is under the supervision of the United States Ambassador
to Israel.
(c) LIMITATION ON USE OF FUNDS FOR PUBLICA-
TIONS.—None of the funds authorized to be appropriated
by this division may be available for the publication of any
official government document which lists countries and
their capital cities unless the publication identifies Jerusa-
lem as the capital of Israel.
(d) RECORD OF PLACE OF BIRTH.—For purposes of
the registration of birth, certification of nationality, or is-
suance of a passport of a United States citizen born in
the city of Jerusalem, upon request, the Secretary of State
207
shall permit the place of birth to be recorded as Jerusa-
lem, Israel.
SEC. 1711. REPORT ON COMPLIANCE WITH THE HAGUE
CONVENTION ON INTERNATIONAL CHILD AB-
DUCTION.
Beginning 6 months after the date of the enactment
of this Act and every subsequent 6 months during fiscal
years 1998 and 1999, the Secretary shall provide to the
appropriate congressional committees a report on the com-
pliance of the signatories to the Hague Convention on the
Civil Aspects of International Child Abduction with the
provisions of the convention, which shall include—
(1) the number of applications for the return of
children submitted by United States citizens to the
Central Authority for the United States that remain
unresolved;
(2) the countries to which the children listed in
the unresolved applications are alleged to have been
abducted;
(3) whether, in the judgment of the Secretary
of State, each of the countries listed in one or more
resolved applications is in full compliance with its
obligations under the convention; and
208
(4) in each unresolved case, the actions taken
by the Department of State to secure the return of
the child or children alleged to have been abducted.