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otherwise be excluded under subsection (a) is necessary for
medical reasons, or such person has cooperated fully with
the investigation of the political murders or acts of violence
described in subsection (a). If the Secretary of State exempts
such a person, the Secretary shall notify the appropriate
congressional committees in writing.
(c) REPORTING REQUIREMENT
ON EXCLUSION
OF
CERTAIN HAITIAN ALIENS.—
(1) PREPARATION OF LIST.—The United States
chief of mission in Haiti shall provide the Secretary
of State a list of those who have been credibly alleged
to have ordered or carried out the extrajudicial and
political killings referred to in paragraph (1) of sub-
section (a).
(2) SUBMISSION
OF
LIST
TO
CONGRESS.—Not
later than 3 months after the date of enactment of this
Act, the Secretary of State shall submit the list pro-
vided under paragraph (1) to the appropriate con-
gressional committees.
(3) LISTS OF VISA DENIALS AND EXCLUSIONS.—
The Secretary of State shall submit to the Committee
on Foreign Relations and the Committee on the Judi-
ciary of the Senate and the Committee on Inter-
national Relations and the Committee on the Judici-
ary of the House of Representatives a list of aliens de-
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nied visas, and the Attorney General shall submit to
the appropriate congressional committees a list of
aliens refused entry to the United States, as a result
of subsection (a).
(4) DURATION FOR SUBMISSION OF LISTS.—The
Secretary shall submit the list under paragraph (3)
not later than six months after the date of enactment
of this Act and not later than March 1 of each year
thereafter as long as the Government of Haiti has not
completed the investigation of the extrajudicial and
political killings and has not prosecuted those impli-
cated for the killings specified in paragraph (1) of
subsection (a).
(d) REPORT ON THE COST OF UNITED STATES ACTIVI-
TIES IN HAITI.—(1) Not later than January 1, 1998, and
every 6 months thereafter, the President shall submit a re-
port to Congress on the situation in Haiti, including—
(A) a listing of the units of the United States
Armed Forces or Coast Guard and of the police and
military units of other nations participating in oper-
ations in and around Haiti;
(B) incidents of the use of force in Haiti involv-
ing hostile acts against United States Armed Forces
or Coast Guard personnel during the period covered
by the report;
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(C) the estimated cumulative program costs of
all United States activities in Haiti during the pe-
riod covered by the report, including—
(i) the incremental cost of deployments of
United States Armed Forces and Coast Guard
personnel training, exercises, mobilization, and
preparation activities, including the United
States contribution to the training and transpor-
tation of police and military units of other na-
tions of any multilateral force involved in activi-
ties in Haiti;
(ii) the costs of all other activities relating
to United States policy toward Haiti, including
humanitarian assistance, reconstruction assist-
ance, assistance under part I of the Foreign As-
sistance Act of 1961, and other financial assist-
ance, and all other costs to the United States
Government; and
(D) a detailed accounting of the source of funds
obligated or expended to meet the costs described in
paragraph (3), including—
(i) in the case of amounts expended out of
funds available to the Department of Defense
budget, by military service or defense agency,
line item, and program; and
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(ii) in the case of amounts expended out of
funds available to departments and agencies
other than the Department of Defense, by depart-
ment or agency and program.
(2) DEFINITION.—In this section, the term ‘‘period
covered by the report’’ means the 6-month period prior to
the date the report is required to be submitted, except that,
in the case of the initial report, the term means the period
since the date of enactment of the Foreign Relations Author-
ization Act, Fiscal Years 1998 and 1999.
CHAPTER 3—REFUGEES AND MIGRATION
Subchapter A—Authorization of
Appropriations
SEC. 2231. MIGRATION AND REFUGEE ASSISTANCE.
(a) MIGRATION AND REFUGEE ASSISTANCE.—
(1) AUTHORIZATION
OF
APPROPRIATIONS.—
There are authorized to be appropriated for ‘‘Migra-
tion and Refugee Assistance’’ for authorized activities,
$650,000,000 
for 
the 
fiscal 
year 
1998 
and
$704,500,000 for the fiscal year 1999.
(2) LIMITATIONS.—
(A) LIMITATION REGARDING TIBETAN REFU-
GEES IN INDIA AND NEPAL.—Of the amounts au-
thorized to be appropriated in paragraph (1),
$1,000,000 for the fiscal year 1998 and
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$1,000,000 for the fiscal year 1999 are author-
ized to be available only for humanitarian as-
sistance, including food, medicine, clothing, and
medical and vocational training, to Tibetan ref-
ugees in India and Nepal who have fled Chinese-
occupied Tibet.
(B) REFUGEES RESETTLING IN ISRAEL.—Of
the amounts authorized to be appropriated in
paragraph (1), $80,000,000 for the fiscal year
1998 and $80,000,000 for the fiscal year 1999
are authorized to be available for assistance for
refugees resettling in Israel from other countries.
(C) HUMANITARIAN ASSISTANCE FOR DIS-
PLACED BURMESE.—Of the amounts authorized
to be appropriated in paragraph (1), $1,500,000
for the fiscal year 1998 and $1,500,000 for the
fiscal year 1999 for humanitarian assistance are
authorized to be available, including food, medi-
cine, clothing, and medical and vocational train-
ing, to persons displaced as a result of civil con-
flict in Burma, including persons still within
Burma.
(b) AVAILABILITY OF FUNDS.—Funds appropriated
pursuant to this section are authorized to remain available
until expended.
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Subchapter B—Authorities
SEC. 2241. UNITED STATES POLICY REGARDING THE INVOL-
UNTARY RETURN OF REFUGEES.
(a) IN GENERAL.—None of the funds made available
by this subdivision shall be available to effect the involun-
tary 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, membership 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 Sta-
tus of Refugees of July 28, 1951, and the Protocol Relating
to the Status of Refugees of January 31, 1967, subject to
the reservations contained in the United States Senate Res-
olution of Ratification.
(b) MIGRATION AND REFUGEE ASSISTANCE.—None of
the funds made available by section 2231 of this division
or by section 2(c) of the Migration and Refugee Assistance
Act of 1962 (22 U.S.C. 2601(c)) shall be available to effect
the involuntary return of any person to any country unless
the Secretary of State first notifies the appropriate congres-
sional committees, except that in the case of an emergency
involving a threat to human life the Secretary of State shall
notify the appropriate congressional committees as soon as
practicable.
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(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 circumstances
amounting to a threat thereof, a person to return to a coun-
try against the person’s will, regardless of whether the per-
son is physically present in the United States and regard-
less of whether the United States acts directly or through
an agent.
SEC. 2242. UNITED STATES POLICY WITH RESPECT TO THE
INVOLUNTARY RETURN OF PERSONS IN DAN-
GER OF SUBJECTION TO TORTURE.
(a) POLICY.—It shall be the policy of the United States
not to expel, extradite, or otherwise effect the involuntary
return of any person to a country in which there are sub-
stantial grounds for believing the person would be in danger
of being subjected to torture, regardless of whether the person
is physically present in the United States.
(b) REGULATIONS.—Not later than 120 days after the
date of enactment of this Act, the heads of the appropriate
agencies shall prescribe regulations to implement the obliga-
tions of the United States under Article 3 of the United
Nations Convention Against Torture and Other Forms of
Cruel, Inhuman or Degrading Treatment or Punishment,
subject to any reservations, understandings, declarations,
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and provisos contained in the United States Senate resolu-
tion of ratification of the Convention.
(c) EXCLUSION OF CERTAIN ALIENS.—To the maxi-
mum extent consistent with the obligations of the United
States under the Convention, subject to any reservations,
understandings, declarations, and provisos contained in the
United States Senate resolution of ratification of the Con-
vention, the regulations described in subsection (b) shall ex-
clude from the protection of such regulations aliens de-
scribed in section 241(b)(3)(B) of the Immigration and Na-
tionality Act (8 U.S.C. 1231(b)(3)(B)).
(d) REVIEW
AND CONSTRUCTION.—Notwithstanding
any other provision of law, and except as provided in the
regulations described in subsection (b), no court shall have
jurisdiction to review the regulations adopted to implement
this section, and nothing in this section shall be construed
as providing any court jurisdiction to consider or review
claims raised under the Convention or this section, or any
other determination made with respect to the application
of the policy set forth in subsection (a), except as part of
the review of a final order of removal pursuant to section
242 of the Immigration and Nationality Act (8 U.S.C.
1252).
(e) AUTHORITY TO DETAIN.—Nothing in this section
shall be construed as limiting the authority of the Attorney
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General to detain any person under any provision of law,
including, but not limited to, any provision of the Immi-
gration and Nationality Act.
(f) DEFINITIONS.—
(1) CONVENTION DEFINED.—In this section, the
term ‘‘Convention’’ means the United Nations Con-
vention Against Torture and Other Forms of Cruel,
Inhuman or Degrading Treatment or Punishment,
done at New York on December 10, 1984.
(2) SAME TERMS AS IN THE CONVENTION.—Ex-
cept as otherwise provided, the terms used in this sec-
tion have the meanings given those terms in the Con-
vention, subject to any reservations, understandings,
declarations, and provisos contained in the United
States Senate resolution of ratification of the Conven-
tion.
SEC. 2243. REPROGRAMMING OF MIGRATION AND REFUGEE
ASSISTANCE FUNDS.
Section 34 of the State Department Basic Authorities
Act of 1956 (22 U.S.C. 2706) is amended—
(1) in subsection (a)—
(A) by striking ‘‘Foreign Affairs’’ and in-
serting ‘‘International Relations and the Com-
mittee on Appropriations’’; and
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(B) by inserting ‘‘and the Committee on
Appropriations’’ after ‘‘Foreign Relations’’; and
(2) by adding at the end the following new sub-
section:
‘‘(c) The Secretary of State may waive the notification
requirement of subsection (a), if the Secretary determines
that failure to do so would pose a substantial risk to human
health or welfare. In the case of any waiver under this sub-
section, notification to the Committee on Foreign Relations
and the Committee on Appropriations of the Senate and
the Committee on International Relations and the Commit-
tee on Appropriations of the House of Representatives shall
be provided as soon as practicable, but not later than 3
days after taking the action to which the notification re-
quirement was applicable, and shall contain an expla-
nation of the emergency circumstances.’’.
SEC. 2244. ELIGIBILITY FOR REFUGEE STATUS.
Section 584 of the Foreign Operations, Export Financ-
ing, and Related Programs Appropriations Act, 1997 (Pub-
lic Law 104–208; 110 Stat. 3009–171) is amended—
(1) in subsection (a)—
(A) by striking ‘‘For purposes’’ and insert-
ing ‘‘Notwithstanding any other provision of
law, for purposes’’; and
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(B) by striking ‘‘fiscal year 1997’’ and in-
serting ‘‘fiscal years 1997 and 1998’’; and
(2) by amending subsection (b) to read as fol-
lows:
‘‘(b) ALIENS COVERED.—
‘‘(1) IN GENERAL.— An alien described in this
subsection is an alien who—
‘‘(A) is the son or daughter of a qualified
national;
‘‘(B) is 21 years of age or older; and
‘‘(C) was unmarried as of the date of ac-
ceptance of the alien’s parent for resettlement
under the Orderly Departure Program.
‘‘(2) QUALIFIED
NATIONAL.—For purposes of
paragraph (1), the term ‘qualified national’ means a
national of Vietnam who—
‘‘(A)(i) was formerly interned in a reeduca-
tion camp in Vietnam by the Government of the
Socialist Republic of Vietnam; or
‘‘(ii) is the widow or widower of an indi-
vidual described in clause (i); and
‘‘(B)(i) qualified for refugee processing
under the reeducation camp internees subpro-
gram of the Orderly Departure Program; and
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‘‘(ii) on or after April 1, 1995, is or has
been accepted—
‘‘(I) for resettlement as a refugee; or
‘‘(II) for admission as an immigrant
under the Orderly Departure Program.’’.
SEC. 2245. REPORTS TO CONGRESS CONCERNING CUBAN
EMIGRATION POLICIES.
Beginning not later than 6 months after the date of
enactment of this Act, and every 6 months thereafter, the
Secretary of State shall supplement the monthly report to
Congress entitled ‘‘Update on Monitoring of Cuban Migrant
Returnees’’ with additional information concerning the
methods employed by the Government of Cuba to enforce
the United States-Cuba agreement of September 1994 and
the treatment by the Government of Cuba of persons who
have returned to Cuba pursuant to the United States-Cuba
agreement of May 1995.
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TITLE XXIII—ORGANIZATION OF
THE DEPARTMENT OF STATE;
DEPARTMENT OF STATE PER-
SONNEL; 
THE 
FOREIGN
SERVICE
CHAPTER 1—ORGANIZATION OF THE
DEPARTMENT OF STATE
SEC. 2301. COORDINATOR FOR COUNTERTERRORISM.
(a) ESTABLISHMENT.—Section 1 of the State Depart-
ment Basic Authorities Act of 1956 (22 U.S.C. 2651a) is
amended by adding at the end the following new subsection:
‘‘(f) COORDINATOR FOR COUNTERTERRORISM.—
‘‘(1) IN GENERAL.—There is within the office of
the Secretary of State a Coordinator for Counter-
terrorism (in this paragraph referred to as the ‘Coor-
dinator’) who shall be appointed by the President, by
and with the advice and consent of the Senate.
‘‘(2) DUTIES.—
‘‘(A) IN GENERAL.—The Coordinator shall
perform such duties and exercise such powers as
the Secretary of State shall prescribe.
‘‘(B) DUTIES
DESCRIBED.—The principal
duty of the Coordinator shall be the overall su-
pervision (including policy oversight of re-
sources) of international counterterrorism activi-
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ties. The Coordinator shall be the principal ad-
viser to the Secretary of State on international
counterterrorism matters. The Coordinator shall
be the principal counterterrorism official within
the senior management of the Department of
State and shall report directly to the Secretary
of State.
‘‘(3) RANK AND STATUS OF AMBASSADOR.—The
Coordinator shall have the rank and status of Ambas-
sador at Large.’’.
(b) TECHNICAL
AND CONFORMING AMENDMENTS.—
Section 161 of the Foreign Relations Authorization Act,
Fiscal Years 1994 and 1995 (Public Law 103–236) is
amended by striking subsection (e).
SEC. 
2302. 
ELIMINATION 
OF 
DEPUTY 
ASSISTANT
SECRETARY OF STATE FOR BURDENSHARING.
Section 161 of the Foreign Relations Authorization
Act, Fiscal Years 1994 and 1995 (22 U.S.C. 2651a note)
is amended by striking subsection (f).
SEC. 2303. PERSONNEL MANAGEMENT.
Section 1 of the State Department Basic Authorities
Act of 1956 (22 U.S.C. 2651a), as amended by this division,
is further amended by adding at the end the following new
subsection:
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‘‘(g) QUALIFICATIONS OF OFFICER HAVING PRIMARY
RESPONSIBILITY FOR PERSONNEL MANAGEMENT.—The of-
ficer of the Department of State with primary responsibil-
ity for assisting the Secretary of State with respect to mat-
ters relating to personnel in the Department of State, or
that officer’s principal deputy, shall have substantial pro-
fessional qualifications in the field of human resource policy
and management.’’.
SEC. 2304. DIPLOMATIC SECURITY.
Section 1 of the State Department Basic Authorities
Act of 1956 (22 U.S.C. 2651a), as amended by this division,
is further amended by adding at the end the following new
subsection:
‘‘(h) QUALIFICATIONS OF OFFICER HAVING PRIMARY
RESPONSIBILITY FOR DIPLOMATIC SECURITY.—The officer
of the Department of State with primary responsibility for
assisting the Secretary of State with respect to diplomatic
security, or that officer’s principal deputy, shall have sub-
stantial professional qualifications in the fields of (1) man-
agement, and (2) Federal law enforcement, intelligence, or
security.’’.
SEC. 2305. NUMBER OF SENIOR OFFICIAL POSITIONS AU-
THORIZED FOR THE DEPARTMENT OF STATE.
(a) UNDER SECRETARIES.—
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(1) IN GENERAL.—Section 1(b) of the State De-
partment Basic Authorities Act of 1956 (22 U.S.C.
2651a(b)) is amended by striking ‘‘5’’ and inserting
‘‘6’’.
(2) CONFORMING AMENDMENT TO TITLE 5.—Sec-
tion 5314 of title 5, United States Code, is amended
by striking ‘‘Under Secretaries of State (5)’’ and in-
serting ‘‘Under Secretaries of State (6)’’.
(b) ASSISTANT SECRETARIES.—
(1) IN GENERAL.—Section 1(c)(1) of the State
Department Basic Authorities Act of 1956 (22 U.S.C.
2651a(c)(1)) is amended by striking ‘‘20’’ and insert-
ing ‘‘24’’.
(2) CONFORMING AMENDMENT TO TITLE 5.—Sec-
tion 5315 of title 5, United States Code, is amended
by striking ‘‘Assistant Secretaries of State (20)’’ and
inserting ‘‘Assistant Secretaries of State (24)’’.
(c) DEPUTY ASSISTANT SECRETARIES.—Section 1 of
the State Department Basic Authorities Act of 1956 (22
U.S.C. 2651a), as amended by this division, is further
amended—
(1) by striking subsection (d); and
(2) by redesignating subsections (e), (f), (g), and
(h) as subsections (d), (e), (f), and (g), respectively.
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SEC. 2306. NOMINATION OF UNDER SECRETARIES AND AS-
SISTANT SECRETARIES OF STATE.
(a) UNDER SECRETARIES OF STATE.—Section 1(b) of
the State Department Basic Authorities Act of 1956 (22
U.S.C. 2651a(c)), as amended by this division, is further
amended by adding at the end the following new paragraph:
‘‘(4) NOMINATION OF UNDER SECRETARIES.—
Whenever the President submits to the Senate a nomi-
nation of an individual for appointment to a position
in the Department of State that is described in para-
graph (1), the President shall designate the particular
Under Secretary position in the Department of State
that the individual shall have.’’.
(b) ASSISTANT SECRETARIES OF STATE.—Section 1(c)
of the State Department Basic Authorities Act of 1956 (22
U.S.C. 2651a(c)), as amended by this division, is further
amended by adding at the end the following new paragraph:
‘‘(3) NOMINATION
OF
ASSISTANT
SECRETAR-
IES.—Whenever the President submits to the Senate a
nomination of an individual for appointment to a
position in the Department of State that is described
in paragraph (1), the President shall designate the re-
gional or functional bureau or bureaus of the Depart-
ment of State with respect to which the individual
shall have responsibility.’’.
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CHAPTER 2—PERSONNEL OF THE DEPART-
MENT OF STATE; THE FOREIGN SERV-
ICE
SEC. 2311. FOREIGN SERVICE REFORM.
(a) PERFORMANCE PAY.—Section 405 of the Foreign
Service Act of 1980 (22 U.S.C. 3965) is amended—
(1) in subsection (a), by striking ‘‘Members’’ and
inserting ‘‘Subject to subsection (e), members’’; and
(2) by adding at the end the following new sub-
section:
‘‘(e) Notwithstanding any other provision of law, the
Secretary of State may provide for recognition of the meri-
torious or distinguished service of any member of the For-
eign Service described in subsection (a) (including any
member of the Senior Foreign Service) by means other than
an award of performance pay in lieu of making such an
award under this section.’’.
(b) EXPEDITED SEPARATION OUT.—
(1) SEPARATION OF LOWEST RANKED FOREIGN
SERVICE MEMBERS.—Not later than 90 days after the
date of enactment of this Act, the Secretary of State
shall develop and implement procedures to identify,
and recommend for separation, any member of the
Foreign Service ranked by promotion boards of the
Department of State in the bottom 5 percent of his or
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her class for 2 or more of the 5 years preceding the
date of enactment of this Act (in this subsection re-
ferred to as the ‘‘years of lowest ranking’’) if the rat-
ing official for such member was not the same indi-
vidual for any two of the years of lowest ranking.
(2) SPECIAL INTERNAL REVIEWS.—In any case
where the member was evaluated by the same rating
official in any 2 of the years of lowest ranking, an
internal review of the member’s file shall be conducted
to determine whether the member should be considered
for action leading to separation.
(3) PROCEDURES.—The Secretary of State shall
develop procedures for the internal reviews required
under paragraph (2).
SEC. 2312. RETIREMENT BENEFITS FOR INVOLUNTARY
SEPARATION.
(a) BENEFITS.—Section 609 of the Foreign Service Act
of 1980 (22 U.S.C. 4009) is amended—
(1) in subsection (a)(2)(A), by inserting ‘‘or any
other applicable provision of chapter 84 of title 5,
United States Code,’’ after ‘‘section 811’’;
(2) in subsection (a), by inserting ‘‘or section
855, as appropriate’’ after ‘‘section 806’’; and
(3) in subsection (b)(2)—
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(A) by striking ‘‘(2)’’ and inserting ‘‘(2)(A)
for those participants in the Foreign Service Re-
tirement and Disability System,’’; and
(B) by inserting before the period at the end
‘‘; and (B) for those participants in the Foreign
Service Pension System, benefits as provided in
section 851’’; and
(4) in subsection (b) in the matter following
paragraph (2), by inserting ‘‘(for participants in the
Foreign Service Retirement and Disability System)
or age 62 (for participants in the Foreign Service
Pension System)’’ after ‘‘age 60’’.
(b) ENTITLEMENT TO ANNUITY.—Section 855(b) of the
Foreign Service Act of 1980 (22 U.S.C. 4071d(b)) is amend-
ed—
(1) in paragraph (1)—
(A) by inserting ‘‘611,’’ after ‘‘608,’’;
(B) by inserting ‘‘or for participants in the
Foreign Service Pension System,’’ after ‘‘for par-
ticipants in the Foreign Service Retirement and
Disability System’’; and
(C) by striking ‘‘Service shall’’ and insert-
ing ‘‘Service, shall’’; and
(2) in paragraph (3), by striking ‘‘or 610’’ and
inserting ‘‘610, or 611’’.
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(c) EFFECTIVE DATES.—
(1) IN GENERAL.—Except as provided in para-
graph (2), the amendments made by this section shall
take effect on the date of the enactment of this Act.
(2) EXCEPTIONS.—The amendments made by
paragraphs (2) and (3) of subsection (a) and para-
graphs (1)(A) and (2) of subsection (b) shall apply
with respect to any actions taken under section 611
of the Foreign Service Act of 1980 on or after Janu-
ary 1, 1996.
SEC. 2313. AUTHORITY OF SECRETARY TO SEPARATE
CONVICTED FELONS FROM THE FOREIGN
SERVICE.
Section 610(a)(2) of the Foreign Service Act of 1980
(22 U.S.C. 4010(a)(2)) is amended in the first sentence by
striking ‘‘A member’’ and inserting ‘‘Except in the case of
an individual who has been convicted of a crime for which
a sentence of imprisonment of more than 1 year may be
imposed, a member’’.
SEC. 2314. CAREER COUNSELING.
(a) IN GENERAL.—Section 706(a) of the Foreign Serv-
ice Act of 1980 (22 U.S.C. 4026(a)) is amended by adding
at the end the following new sentence: ‘‘Career counseling
and related services provided pursuant to this Act shall not
be construed to permit an assignment that consists pri-
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marily of paid time to conduct a job search and without
other substantive duties for more than one month.’’.
(b) EFFECTIVE DATE.—The amendment made by sub-
section (a) shall be effective 180 days after the date of the
enactment of this Act.
SEC. 2315. LIMITATIONS ON MANAGEMENT ASSIGNMENTS.
Section 1017(e)(2) of the Foreign Service Act of 1980
(22 U.S.C. 4117(e)(2)) is amended to read as follows:
‘‘(2) For the purposes of paragraph (1)(A)(ii)
and paragraph (1)(B), the term ‘management official’
does not include—
‘‘(A) any chief of mission;
‘‘(B) any principal officer or deputy prin-
cipal officer;
‘‘(C) any administrative or personnel officer
abroad; or
‘‘(D) any individual described in section
1002(12) (B), (C), or (D) who is not involved in
the administration of this chapter or in the for-
mulation of the personnel policies and programs
of the Department.’’.
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SEC. 2316. AVAILABILITY PAY FOR CERTAIN CRIMINAL IN-
VESTIGATORS WITHIN THE DIPLOMATIC SE-
CURITY SERVICE.
(a) IN GENERAL.—Section 5545a of title 5, United
States Code, is amended by adding at the end the following:
‘‘(k)(1) For purposes of this section, the term ‘criminal
investigator’ includes a special agent occupying a position
under title II of Public Law 99–399 if such special agent—
‘‘(A) meets the definition of such term under
paragraph (2) of subsection (a) (applied disregarding
the parenthetical matter before subparagraph (A)
thereof); and
‘‘(B) such special agent satisfies the requirements
of subsection (d) without taking into account any
hours described in paragraph (2)(B) thereof.
‘‘(2) In applying subsection (h) with respect to a spe-
cial agent under this subsection—
‘‘(A) any reference in such subsection to ‘basic
pay’ shall be considered to include amounts des-
ignated as ‘salary’;
‘‘(B) paragraph (2)(A) of such subsection shall
be considered to include (in addition to the provisions
of law specified therein) sections 609(b)(1), 805, 806,
and 856 of the Foreign Service Act of 1980; and
‘‘(C) paragraph (2)(B) of such subsection shall
be applied by substituting for ‘Office of Personnel
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Management’ the following: ‘Office of Personnel Man-
agement or the Secretary of State (to the extent that
matters exclusively within the jurisdiction of the Sec-
retary are concerned)’.’’.
(b) IMPLEMENTATION.—Not later than the date on
which the amendments made by this section take effect, each
special agent of the Diplomatic Security Service who satis-
fies the requirements of subsection (k)(1) of section 5545a
of title 5, United States Code, as amended by this section,
and the appropriate supervisory officer, to be designated by
the Secretary of State, shall make an initial certification
to the Secretary of State that the special agent is expected
to meet the requirements of subsection (d) of such section
5545a. The Secretary of State may prescribe procedures
necessary to administer this subsection.
(c) TECHNICAL AND CONFORMING AMENDMENTS.—(1)
Paragraph (2) of section 5545a(a) of title 5, United States
Code, is amended (in the matter before subparagraph (A))
by striking ‘‘Public Law 99–399)’’ and inserting ‘‘Public
Law 99–399, subject to subsection (k))’’.
(2) Section 5542(e) of such title is amended by striking
‘‘title 18, United States Code,’’ and inserting ‘‘title 18 or
section 37(a)(3) of the State Department Basic Authorities
Act of 1956,’’.
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(d) EFFECTIVE DATE.—The amendments made by this
section shall take effect on the first day of the first applica-
ble pay period—
(1) which begins on or after the 90th day follow-
ing the date of the enactment of this Act; and
(2) on which date all regulations necessary to
carry out such amendments are (in the judgment of
the Director of the Office of Personnel Management
and the Secretary of State) in effect.
SEC. 2317. NONOVERTIME DIFFERENTIAL PAY.
Title 5 of the United States Code is amended—
(1) in section 5544(a), by inserting after the
fourth sentence the following new sentence: ‘‘For em-
ployees serving outside the United States in areas
where Sunday is a routine workday and another day
of the week is officially recognized as the day of rest
and worship, the Secretary of State may designate the
officially recognized day of rest and worship as the
day with respect to which the preceding sentence shall
apply instead of Sunday.’’; and
(2) at the end of section 5546(a), by adding the
following new sentence: ‘‘For employees serving out-
side the United States in areas where Sunday is a
routine workday and another day of the week is offi-
cially recognized as the day of rest and worship, the
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Secretary of State may designate the officially recog-
nized day of rest and worship as the day with respect
to which the preceding sentence shall apply instead of
Sunday.’’.
SEC. 2318. REPORT CONCERNING MINORITIES AND THE
FOREIGN SERVICE.
The Secretary of State shall during each of calendar
years 1998 and 1999 submit a report to the Congress con-
cerning minorities and the Foreign Service officer corps.
In addition to such other information as is relevant to this
issue, the report shall include the following data for the last
preceding examination and promotion cycles for which such
information is available (reported in terms of real numbers
and percentages and not as ratios):
(1) The numbers and percentages of all minori-
ties taking the written Foreign Service examination.
(2) The numbers and percentages of all minori-
ties successfully completing and passing the written
Foreign Service examination.
(3) The numbers and percentages of all minori-
ties successfully completing and passing the oral For-
eign Service examination.
(4) The numbers and percentages of all minori-
ties entering the junior officers class of the Foreign
Service.
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(5) The numbers and percentages of all minority
Foreign Service officers at each grade.
(6) The numbers of and percentages of minorities
promoted at each grade of the Foreign Service officer
corps.
TITLE XXIV—UNITED STATES IN-
FORMATIONAL, 
EDU-
CATIONAL, 
AND 
CULTURAL
PROGRAMS
CHAPTER 1—AUTHORIZATION OF
APPROPRIATIONS
SEC. 2401. INTERNATIONAL INFORMATION ACTIVITIES AND
EDUCATIONAL AND CULTURAL EXCHANGE
PROGRAMS.
The following amounts are authorized to be appro-
priated to carry out international information activities
and educational and cultural exchange programs under the
United States Information and Educational Exchange Act
of 1948, the Mutual Educational and Cultural Exchange
Act of 1961, Reorganization Plan Number 2 of 1977, the
United States International Broadcasting Act of 1994, the
Radio Broadcasting to Cuba Act, the Television Broadcast-
ing to Cuba Act, the Board for International Broadcasting
Act, the North/South Center Act of 1991, and the National
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Endowment for Democracy Act, and to carry out other au-
thorities in law consistent with such purposes:
(1) INTERNATIONAL
INFORMATION
PROGRAM.—
For 
‘‘International 
Information 
Program’’,
$431,000,000 for the fiscal year 1998.
(2) TECHNOLOGY FUND.—For the ‘‘Technology
Fund’’ for the United States Information Agency,
$6,350,000 for the fiscal year 1998.
(3) EDUCATIONAL
AND
CULTURAL
EXCHANGE
PROGRAMS.—
(A) FULBRIGHT ACADEMIC EXCHANGE PRO-
GRAMS.—
(i) FULBRIGHT ACADEMIC EXCHANGE
PROGRAMS.—There are authorized to be ap-
propriated for the ‘‘Fulbright Academic Ex-
change Programs’’ (other than programs de-
scribed in subparagraph (B)), $99,236,000
for the fiscal year 1998.
(ii) VIETNAM
FULBRIGHT
ACADEMIC
EXCHANGE
PROGRAMS.—Of the amounts
authorized to be appropriated under clause
(i), $5,000,000 for the fiscal year 1998 is
authorized to be available for the Vietnam
scholarship program established by section
229 of the Foreign Relations Authorization
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Act, Fiscal Years 1992 and 1993 (Public
Law 102–138).
(B) OTHER EDUCATIONAL AND CULTURAL
EXCHANGE PROGRAMS.—
(i) IN GENERAL.—There are authorized
to be appropriated for other educational
and cultural exchange programs authorized
by law, $103,495,000 for the fiscal year
1998.
(ii) SOUTH PACIFIC EXCHANGES.—Of
the amounts authorized to be appropriated
under clause (i), $500,000 for the fiscal
year 1998 is authorized to be available for
‘‘South Pacific Exchanges’’.
(iii) 
EAST
TIMORESE
SCHOLAR-
SHIPS.—Of the amounts authorized to be
appropriated under clause (i), $500,000 for
the fiscal year 1998 is authorized to be
available for ‘‘East Timorese Scholarships’’.
(iv) TIBETAN
EXCHANGES.—Of the
amounts authorized to be appropriated
under clause (i), $500,000 for the fiscal
year 1998 is authorized to be available for
‘‘Educational and Cultural Exchanges with
Tibet’’ under section 236 of the Foreign Re-
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lations Authorization Act, Fiscal Years
1994 and 1995 (Public Law 103–236).
(4) 
INTERNATIONAL
BROADCASTING
ACTIVI-
TIES.—
(A) 
AUTHORIZATION
OF
APPROPRIA-
TIONS.—For ‘‘International Broadcasting Oper-
ations’’, $364,415,000 for the fiscal year 1998.
(B) ALLOCATION.—Of the amounts author-
ized to be appropriated under subparagraph (A),
the Director of the United States Information
Agency and the Broadcasting Board of Gov-
ernors shall seek to ensure that the amounts
made available for broadcasting to nations whose
people do not fully enjoy freedom of expression
do not decline in proportion to the amounts
made available for broadcasting to other nations.
(5) RADIO
CONSTRUCTION.—For ‘‘Radio Con-
struction’’, $40,000,000 for the fiscal year 1998.
(6) RADIO FREE ASIA.—For ‘‘Radio Free Asia’’,
$22,000,000 for the fiscal year 1998 and an addi-
tional $8,000,000 in fiscal year 1998 for one-time
capital costs.
(7) BROADCASTING TO CUBA.—For ‘‘Broadcast-
ing to Cuba’’, $22,095,000 for the fiscal year 1998.
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(8) CENTER
FOR
CULTURAL
AND
TECHNICAL
INTERCHANGE BETWEEN EAST AND WEST.—For the
‘‘Center for Cultural and Technical Interchange be-
tween East and West’’, $12,000,000 for the fiscal year
1998.
(9) NATIONAL ENDOWMENT FOR DEMOCRACY.—
For the ‘‘National Endowment for Democracy’’,
$30,000,000 for the fiscal year 1998.
(10) CENTER
FOR
CULTURAL
AND
TECHNICAL
INTERCHANGE
BETWEEN
NORTH
AND
SOUTH.—For
‘‘Center for Cultural and Technical Interchange be-
tween North and South’’ $1,500,000 for the fiscal year
1998.
CHAPTER 2—AUTHORITIES AND
ACTIVITIES
SEC. 2411. RETENTION OF INTEREST.
Notwithstanding any other provision of law, with the
approval of the National Endowment for Democracy, grant
funds made available by the National Endowment for De-
mocracy may be deposited in interest-bearing accounts
pending disbursement, and any interest which accrues may
be retained by the grantee without returning such interest
to the Treasury of the United States and interest earned
may be obligated and expended for the purposes for which
the grant was made without further appropriation.
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SEC. 2412. USE OF SELECTED PROGRAM FEES.
Section 810 of the United States Information and
Educational Exchange Act of 1948 (22 U.S.C. 1475e) is
amended to read as follows:
‘‘USE OF ENGLISH-TEACHING PROGRAM FEES
‘‘SEC. 810. (a) IN GENERAL.—Notwithstanding section
3302 of title 31, United States Code, or any other law or
limitation of authority, fees and receipts described in sub-
section (b) are authorized to be credited each fiscal year
for authorized purposes to the appropriate appropriations
of the United States Information Agency to such extent as
may be provided in advance in appropriations acts.
‘‘(b) FEES AND RECEIPTS DESCRIBED.—The fees and
receipts described in this subsection are fees and payments
received by or for the use of the United States Information
Agency from or in connection with—
‘‘(1) English-teaching and library services,
‘‘(2) educational advising and counseling,
‘‘(3) Exchange Visitor Program Services,
‘‘(4) advertising and business ventures of the
Voice of America and the International Broadcasting
Bureau,
‘‘(5) cooperating international organizations,
and
‘‘(6) Agency-produced publications,
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‘‘(7) an amount not to exceed $100,000 of the
payments from motion picture and television pro-
grams produced or conducted by or on behalf of the
Agency under the authority of this Act or the Mutual
Education and Cultural Exchange Act of 1961.’’.
SEC. 2413. MUSKIE FELLOWSHIP PROGRAM.
(a) GUIDELINES.—Section 227(c)(5) of the Foreign
Relations Authorization Act, Fiscal Years 1992 and 1993
(22 U.S.C. 2452 note) is amended by inserting ‘‘journalism
and communications, education administration, public pol-
icy, library and information science,’’ after ‘‘business ad-
ministration,’’ each of the two places it appears.
(b) REDESIGNATION OF SOVIET UNION.—Section 227
of the Foreign Relations Authorization Act, Fiscal Years
1992 and 1993 (22 U.S.C. 2452 note) is amended—
(1) in subsections (a), (b), and (c)(5), by striking
‘‘Soviet Union’’ each place it appears and inserting
‘‘independent states of the former Soviet Union’’;
(2) in subsection (c)(11), by striking ‘‘Soviet re-
publics’’ and inserting ‘‘independent states of the
former Soviet Union’’; and
(3) in the section heading, by inserting ‘‘INDE-
PENDENT
STATES
OF
THE
FORMER’’ after
‘‘FROM THE’’.
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SEC. 2414. WORKING GROUP ON UNITED STATES GOVERN-
MENT-SPONSORED 
INTERNATIONAL 
EX-
CHANGES AND TRAINING.
Section 112 of the Mutual Educational and Cultural
Exchange Act of 1961 (22 U.S.C. 2460) is amended by add-
ing at the end the following new subsection:
‘‘(g) WORKING GROUP ON UNITED STATES GOVERN-
MENT
SPONSORED
INTERNATIONAL
EXCHANGES
AND
TRAINING.—(1) In order to carry out the purposes of sub-
section (f) and to improve the coordination, efficiency, and
effectiveness of United States Government-sponsored inter-
national exchanges and training, there is established within
the United States Information Agency a senior-level inter-
agency working group to be known as the Working Group
on United States Government-Sponsored International Ex-
changes and Training (in this section referred to as the
‘Working Group’).
‘‘(2) For purposes of this subsection, the term ‘Govern-
ment-sponsored international exchanges and training’
means the movement of people between countries to promote
the sharing of ideas, to develop skills, and to foster mutual
understanding and cooperation, financed wholly or in part,
directly or indirectly, with United States Government
funds.
‘‘(3) The Working Group shall be composed as follows:
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the United States in the Bureau shall terminate in accord-
ance with subsection (d).
(b) ELIMINATION OF AUTHORITY TO PAY EXPENSES
OF THE AMERICAN GROUP.—Section 1 of the Act entitled
‘‘An Act to authorize participation by the United States
in the Interparliamentary Union’’, approved June 28, 1935
(22 U.S.C. 276) is amended—
(1) in the first sentence—
(A) by striking ‘‘fiscal year’’ and all that
follows through ‘‘(1) for’’ and inserting ‘‘fiscal
year for’’;
(B) by striking ‘‘; and’’; and
(C) by striking paragraph (2); and
(2) by striking the second sentence.
(c) ELIMINATION OF PERMANENT APPROPRIATION.—
Section 303 of the Departments of Commerce, Justice, and
State, the Judiciary, and Related Agencies Appropriations
Act, 1988 (as contained in section 101(a) of the Continuing
Appropriations Act, 1988 (Public Law 100–202; 22 U.S.C.
276 note)) is amended—
(1) by striking ‘‘$440,000’’ and inserting
‘‘$350,000’’; and
(2) by striking ‘‘paragraph (2) of the first sec-
tion of Public Law 74–170,’’.