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In the Senate of the United States,
June 17, 1997.
Resolved, That the bill from the House of Representa-
tives (H.R. 1757) entitled ‘‘An Act to consolidate inter-
national affairs agencies, to authorize appropriations for the
Department of State and related agencies for fiscal years
1998 and 1999, and to ensure that the enlargement of the
North Atlantic Treaty Organization (NATO) proceeds in a
manner consistent with United States interests, to strengthen
relations between the United States and Russia, to preserve
the prerogatives of the Congress with respect to certain arms
control agreements, and for other purposes.’’, do pass with
the following
AMENDMENT:
Strike out all after the enacting clause and insert:
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Foreign Affairs Reform
and Restructuring Act of 1997’’.
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SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF
CONTENTS.
(a) DIVISIONS.—This Act is organized into three divi-
sions as follows:
(1) DIVISION A.—Foreign Affairs Agencies Con-
solidation Act of 1997.
(2) DIVISION B.—Foreign Relations Authoriza-
tion Act, Fiscal Years 1998 and 1999.
(3) DIVISION C.—United Nations Reform Act of
1997.
(b) TABLE OF CONTENTS.—The table of contents for
this Act is as follows:
Sec. 1. Short title.
Sec. 2. Organization of Act into divisions; table of contents.
DIVISION A—CONSOLIDATION OF FOREIGN AFFAIRS AGENCIES
TITLE I—GENERAL PROVISIONS
Sec. 101. Short title.
Sec. 102. Purposes.
Sec. 103. Definitions.
Sec. 104. Report on budgetary cost savings resulting from reorganization.
TITLE II—UNITED STATES ARMS CONTROL AND DISARMAMENT
AGENCY
CHAPTER 1—GENERAL PROVISIONS
Sec. 201. Effective date.
CHAPTER 2—ABOLITION AND TRANSFER OF FUNCTIONS
Sec. 211. Abolition of United States Arms Control and Disarmament Agency.
Sec. 212. Transfer of functions to Secretary of State.
Sec. 213. Under Secretary for Arms Control and International Security.
Sec. 214. Reporting requirements.
Sec. 215. Repeal relating to Inspector General for United States Arms Control
and Disarmament Agency.
CHAPTER 3—CONFORMING AMENDMENTS
Sec. 221. References.
Sec. 222. Repeal of establishment of ACDA.
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Sec. 223. Repeal of positions and offices.
Sec. 224. Compensation of officers.
TITLE III—UNITED STATES INFORMATION AGENCY
CHAPTER 1—GENERAL PROVISIONS
Sec. 301. Effective date.
CHAPTER 2—ABOLITION AND TRANSFER OF FUNCTIONS
Sec. 311. Abolition of United States Information Agency.
Sec. 312. Transfer of functions.
Sec. 313. Under Secretary of State for Public Diplomacy.
Sec. 314. Abolition of Office of Inspector General of United States Information
Agency and transfer of functions.
Sec. 315. Interim transfer of functions.
CHAPTER 3—INTERNATIONAL BROADCASTING
Sec. 321. Congressional findings and declaration of purpose.
Sec. 322. Continued existence of Broadcasting Board of Governors.
Sec. 323. Conforming amendments to the United States International Broadcast-
ing Act of 1994.
Sec. 324. Amendments to the Radio Broadcasting to Cuba Act.
Sec. 325. Amendments to the Television Broadcasting to Cuba Act.
Sec. 326. Savings provisions.
Sec. 327. Report on the privatization of RFE/RL, Incorporated.
CHAPTER 4—CONFORMING AMENDMENTS
Sec. 331. References.
Sec. 332. Amendments to title 5, United States Code.
Sec. 333. Ban on domestic activities.
TITLE IV—UNITED STATES INTERNATIONAL DEVELOPMENT
COOPERATION AGENCY
CHAPTER 1—GENERAL PROVISIONS
Sec. 401. Effective date.
CHAPTER 2—ABOLITION AND TRANSFER OF FUNCTIONS
Sec. 411. Abolition of United States International Development Cooperation
Agency.
Sec. 412. Transfer of functions.
Sec. 413. Status of AID.
CHAPTER 3—CONFORMING AMENDMENTS
Sec. 421. References.
Sec. 422. Conforming amendments.
TITLE V—AGENCY FOR INTERNATIONAL DEVELOPMENT
CHAPTER 1—GENERAL PROVISIONS
Sec. 501. Effective date.
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CHAPTER 2—REORGANIZATION AND TRANSFER OF FUNCTIONS
Sec. 511. Reorganization of Agency for International Development.
CHAPTER 3—AUTHORITIES OF THE SECRETARY OF STATE
Sec. 521. Definition of United States assistance.
Sec. 522. Placement of Administrator of AID under the direct authority of the
Secretary of State.
Sec. 523. Assistance programs coordination, implementation, and oversight.
Sec. 524. Sense of the Senate regarding apportionment of certain funds to the
Secretary of State.
TITLE VI—TRANSITION
CHAPTER 1—REORGANIZATION PLAN
Sec. 601. Reorganization plan.
CHAPTER 2—REORGANIZATION AUTHORITY
Sec. 611. Reorganization authority.
Sec. 612. Transfer and allocation of appropriations and personnel.
Sec. 613. Incidental transfers.
Sec. 614. Savings provisions.
Sec. 615. Property and facilities.
Sec. 616. Authority of Secretary of State to facilitate transition.
Sec. 617. Final report.
TITLE VII—FUNCTIONS, CONDUCT, AND STRUCTURE OF UNITED
STATES FOREIGN POLICY FOR THE 21ST CENTURY.
Sec. 701. Findings.
Sec. 702. Establishment.
Sec. 703. Composition and qualifications.
Sec. 704. Duties of the Commission.
Sec. 705. Commission reports.
Sec. 706. Powers.
Sec. 707. Personnel.
Sec. 708. Payment of Commission expenses.
Sec. 709. Termination.
Sec. 710. Executive branch action.
Sec. 711. Annual foreign affairs strategy report.
Sec. 712. Definition of foreign affairs agencies.
DIVISION B—FOREIGN RELATIONS AUTHORIZATION
TITLE X—GENERAL PROVISIONS
Sec. 1001. Short title.
Sec. 1002. Definition.
TITLE XI—DEPARTMENT OF STATE AND RELATED AGENCIES
CHAPTER 1—AUTHORIZATIONS OF APPROPRIATIONS
Sec. 1101. Authorizations of appropriations for Administration of Foreign Af-
fairs.
Sec. 1102. Migration and refugee assistance.
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Sec. 1103. Asia Foundation.
CHAPTER 2—AUTHORITIES AND ACTIVITIES
Sec. 1121. Reduction in required reports.
Sec. 1122. Authority of the Foreign Claims Settlement Commission.
Sec. 1123. Procurement of services.
Sec. 1124. Fee for use of diplomatic reception rooms.
Sec. 1125. Prohibition on judicial review Department of State counterterrorism
and narcotics-related rewards program.
Sec. 1126. Office of the Inspector General.
Sec. 1127. Reaffirming United States international telecommunications policy.
Sec. 1128. Counterdrug and anti-crime activities of the Department of State.
CHAPTER 3—PERSONNEL
Sec. 1131. Elimination of position of Deputy Assistant Secretary of State for
Burdensharing.
Sec. 1132. Restriction on lobbying activities of former United States chiefs of mis-
sion.
Sec. 1133. Recovery of costs of health care services.
Sec. 1134. Nonovertime differential pay.
Sec. 1135. Pilot program for foreign affairs reimbursement.
Sec. 1136. Grants to overseas educational facilities.
Sec. 1137. Grants to remedy international child abductions.
Sec. 1138. Foreign Service reform.
Sec. 1139. Law enforcement availability pay.
Sec. 1140. Law enforcement authority of DS special agents overseas.
Sec. 1141. Limitations on management assignments.
CHAPTER 4—CONSULAR AND RELATED ACTIVITIES
Sec. 1151. Consular officers.
Sec. 1152. Repeal of outdated consular receipt requirements.
Sec. 1153. Elimination of duplicate Federal Register publication for travel
advisories.
Sec. 1154. Inadmissibility of members of former Soviet Union intelligence
services.
Sec. 1155. Denial of visas to aliens who have confiscated property claimed by na-
tionals of the United States.
Sec. 1156. Inadmissibility of aliens supporting international child abductors.
TITLE XII—OTHER INTERNATIONAL ORGANIZATIONS AND
COMMISSIONS
CHAPTER 1—AUTHORIZATION OF APPROPRIATIONS
Sec. 1201. International conferences and contingencies.
Sec. 1202. International commissions.
CHAPTER 2—GENERAL PROVISIONS
Sec. 1211. International criminal court participation.
Sec. 1212. Withholding of assistance for parking fines owed by foreign countries.
Sec. 1213. United States membership in the Interparliamentary Union.
Sec. 1214. Reporting of foreign travel by United States officials.
Sec. 1215. Sense of the Senate on use of funds in Japan-United States Friendship
Trust Fund.
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TITLE XIII—UNITED STATES INFORMATIONAL, EDUCATIONAL, AND
CULTURAL PROGRAMS
CHAPTER 1—AUTHORIZATION OF APPROPRIATIONS
Sec. 1301. Authorization of appropriations.
Sec. 1302. National Endowment for Democracy.
CHAPTER 2—USIA AND RELATED AGENCIES AUTHORITIES AND ACTIVITIES
Sec. 1311. Authorization to receive and recycle fees.
Sec. 1312. Appropriations transfer authority.
Sec. 1313. Expansion of Muskie Fellowship Program.
Sec. 1314. Au pair extension.
Sec. 1315. Radio broadcasting to Iran in the Farsi language.
Sec. 1316. Voice of America broadcasts.
Sec. 1317. Working group on government-sponsored international exchanges and
training.
Sec. 1318. International information programs.
Sec. 1319. Authority to administer summer travel and work programs.
TITLE XIV—PEACE CORPS
Sec. 1401. Short title.
Sec. 1402. Authorization of appropriations.
Sec. 1403. Amendments to the Peace Corps Act.
TITLE XV—UNITED STATES ARMS CONTROL AND DISARMAMENT
AGENCY
CHAPTER 1—AUTHORIZATION OF APPROPRIATIONS
Sec. 1501. Authorization of appropriations.
CHAPTER 2—AUTHORITIES
Sec. 1511. Statutory construction.
TITLE XVI—FOREIGN POLICY
Sec. 1601. Payment of Iraqi claims.
Sec. 1602. United Nations membership for Belarus.
Sec. 1603. United States policy with respect to Jerusalem as the capital of Israel.
Sec. 1604. Special envoy for Tibet.
Sec. 1605. Financial transactions with state sponsors of international terrorism.
Sec. 1606. United States policy with respect to the involuntary return of persons
in danger of subjection to torture.
Sec. 1607. Reports on the situation in Haiti.
Sec. 1608. Report on an alliance against narcotics trafficking in the Western
Hemisphere.
Sec. 1609. Report on greenhouse gas emissions agreement.
Sec. 1610. Reports and policy concerning diplomatic immunity.
Sec. 1611. Italian confiscation of property case.
Sec. 1612. Designation of additional countries eligible for NATO enlargement as-
sistance.
Sec. 1613. Sense of Senate regarding United States citizens held in prisons in
Peru.
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Sec. 1614. Exclusion from the United States of aliens who have been involved in
extrajudicial and political killings in Haiti.
Sec. 1615. Sense of the Senate on enforcement of the Iran-Iraq Arms Non-Pro-
liferation Act of 1992 with respect to the acquisition by Iran of
C–802 cruise missiles.
Sec. 1616. Sense of the Senate on persecution of Christian minorities in the Peo-
ple’s Republic of China.
Sec. 1617. Sense of Congress regarding the North Atlantic Treaty Organization.
Sec. 1618. Japan-United States Friendship Commission.
Sec. 1619. Aviation safety.
Sec. 1620. Sense of the Senate on United States policy toward the People’s Re-
public of China.
Sec. 1621. Sense of the Senate encouraging programs by the National Endowment
for Democracy regarding the rule of law in China.
Sec. 1622. Concerning the Palestinian authority.
Sec. 1623. Authorization of Appropriations for facilities in Beijing and Shang-
hai.
Sec. 1624. Eligibility for refugee status.
DIVISION C—UNITED NATIONS REFORM
TITLE XX—GENERAL PROVISIONS
Sec. 2001. Short title.
Sec. 2002. Definitions.
Sec. 2003. Nondelegation of certification requirements.
TITLE XXI—AUTHORIZATION OF APPROPRIATIONS
Sec. 2101. Assessed 
contributions 
to 
the 
United 
Nations 
and 
affiliated
organizations.
Sec. 2102. United Nations policy on Israel and the Palestinians.
Sec. 2103. Assessed contributions for international peacekeeping activities.
Sec. 2104. Data on costs incurred in support of United Nations peace and
security operations.
Sec. 2105. Reimbursement for goods and services provided by the United States
to the United Nations.
Sec. 2106. Restriction on United States funding for United Nations peace
operations.
Sec. 2107. United States policy regarding United Nations peacekeeping missions.
Sec. 2108. Organization of American States.
TITLE XXII—ARREARS PAYMENTS AND REFORM
CHAPTER 1—ARREARAGES TO THE UNITED NATIONS
SUBCHAPTER A—AUTHORIZATION OF APPROPRIATIONS; DISBURSEMENT OF
FUNDS
Sec. 2201. Authorization of appropriations.
Sec. 2202. Disbursement of funds.
SUBCHAPTER B—UNITED STATES SOVEREIGNTY
Sec. 2211. Certification requirements.
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SUBCHAPTER C—REFORM OF ASSESSMENTS AND UNITED NATIONS PEACE
OPERATIONS
Sec. 2221. Certification requirements.
SUBCHAPTER D—BUDGET AND PERSONNEL REFORM
Sec. 2231. Certification requirements.
CHAPTER 2—MISCELLANEOUS PROVISIONS
Sec. 2241. Statutory construction on relation to existing laws.
Sec. 2242. Prohibition on payments relating to UNIDO and other organizations
from which the United States has withdrawn or rescinded fund-
ing.
DIVISION A—CONSOLIDATION
OF FOREIGN AFFAIRS AGENCIES
TITLE I—GENERAL PROVISIONS
SEC. 101. SHORT TITLE.
This division may be cited as the ‘‘Foreign Affairs
Agencies Consolidation Act of 1997’’.
SEC. 102. PURPOSES.
The purposes of this division are—
(1) to strengthen—
(A) the coordination of United States for-
eign policy; and
(B) the leading role of the Secretary of
State in the formulation and articulation of
United States foreign policy;
(2) to consolidate and reinvigorate the foreign af-
fairs functions of the United States within the De-
partment of State by—
(A) abolishing the United States Arms Con-
trol and Disarmament Agency, the United States
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Information Agency, the United States Inter-
national Development Cooperation Agency, and
transferring the functions of these agencies to the
Department of State while preserving the quality
and integrity of these functions;
(B) transferring certain functions of the
Agency for International Development to the De-
partment of State; and
(C) providing for the reorganization of the
Department of State to maximize the efficient
use of resources, which may lead to budget sav-
ings, eliminated redundancy in functions, and
improvement in the management of the Depart-
ment of State;
(3) to ensure that programs critical to the pro-
motion of United States national interests be main-
tained;
(4) to assist congressional efforts to balance the
Federal budget and reduce the Federal debt;
(5) to ensure that the United States maintains
effective representation abroad within budgetary re-
straints; and
(6) to encourage United States foreign affairs
agencies to maintain a high percentage of the best
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qualified, most competent United States citizens serv-
ing in the United States Government.
SEC. 103. DEFINITIONS.
The following terms have the following meanings for
the purposes of this division:
(1) The term ‘‘ACDA’’ means the United States
Arms Control and Disarmament Agency.
(2) The term ‘‘appropriate congressional com-
mittees’’ means the Committee on International Rela-
tions and the Committee on Appropriations of the
House of Representatives and the Committee on For-
eign Relations and the Committee on Appropriations
of the Senate.
(3) The term ‘‘Department’’ means the Depart-
ment of State.
(4) The term ‘‘Federal agency’’ has the meaning
given to the term ‘‘agency’’ by section 551(1) of title
5, United States Code.
(5) The term ‘‘function’’ means any duty, obliga-
tion, power, authority, responsibility, right, privilege,
activity, or program.
(6) The term ‘‘office’’ includes any office, admin-
istration, agency, institute, unit, organizational en-
tity, or component thereof.
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(7) The term ‘‘Secretary’’ means the Secretary of
State.
(8) The term ‘‘USIA’’ means the United States
Information Agency.
SEC. 104. REPORT ON BUDGETARY COST SAVINGS RESULT-
ING FROM REORGANIZATION.
Not later than 90 days after the date of enactment of
this Act, and every 180 days thereafter through the end of
fiscal year 2000, the Secretary of State shall submit a re-
port to the appropriate congressional committees describing
the total anticipated and achieved cost savings in budget
outlays and budget authority related to the reorganization
made under this Act, including cost savings by each of the
following categories:
(1) Reductions in personnel.
(2) Administrative consolidation.
(3) Program consolidation.
(4) Sales of real property.
(5) Termination of property leases.
(6) Coordinated procurement.
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TITLE II—UNITED STATES ARMS
CONTROL AND DISARMAMENT
AGENCY
CHAPTER 1—GENERAL PROVISIONS
SEC. 201. EFFECTIVE DATE.
This title, and the amendments made by this title,
shall take effect on the earlier of—
(1) October 1, 1998; or
(2) the date of abolition of the United States
Arms Control and Disarmament Agency pursuant to
the reorganization plan described in section 601.
CHAPTER 2—ABOLITION AND TRANSFER
OF FUNCTIONS
SEC. 211. ABOLITION OF UNITED STATES ARMS CONTROL
AND DISARMAMENT AGENCY.
The United States Arms Control and Disarmament
Agency is abolished.
SEC. 212. TRANSFER OF FUNCTIONS TO SECRETARY OF
STATE.
Except as otherwise provided in this division, there are
transferred to the Secretary of State—
(1) all functions of the Director of the United
States Arms Control and Disarmament Agency, and
(2) all functions of the United States Arms Con-
trol and Disarmament Agency and any office or com-
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ponent of such agency under any statute, reorganiza-
tion plan, Executive order, or other provision of law,
as of the day before the effective date of this title.
SEC. 213. UNDER SECRETARY FOR ARMS CONTROL AND
INTERNATIONAL SECURITY.
Section 1 of the State Department Basic Authorities
Act of 1956 (22 U.S.C. 2651a) is amended in subsection
(b)—
(1) by striking ‘‘There’’ and inserting the follow-
ing:
‘‘(1) IN GENERAL.—There’’; and
(2) by adding at the end the following:
‘‘(2) UNDER
SECRETARY
FOR
ARMS
CONTROL
AND
INTERNATIONAL
SECURITY.—There shall be in
the Department of State, among the Under Secretar-
ies authorized by paragraph (1), an Under Secretary
for Arms Control and International Security who
shall assist the Secretary and the Deputy Secretary in
matters related to international security policy, arms
control, and nonproliferation matters. Subject to the
direction of the President, the Under Secretary may
attend and participate in meetings of the National
Security Council in his role as advisor on arms con-
trol and nonproliferation matters.’’.
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SEC. 214. REPORTING REQUIREMENTS.
(a) VERIFICATION OF COMPLIANCE.—Section 37 of the
Arms Control and Disarmament Act (22 U.S.C. 2577) is
amended—
(1) in subsection (a), by striking ‘‘Director’’ each
place it appears and inserting ‘‘Under Secretary of
State for Arms Control and International Security’’;
(2) in subsection (d), by striking ‘‘Director’’ each
place it appears and inserting ‘‘Under Secretary of
State’’;
(3) by redesignating subsections (b) through (d)
as subsections (c) through (e), respectively; and
(4) by inserting after subsection (a) the follow-
ing:
‘‘(b) INCLUSION OF COMMENTS BY THE SECRETARY OF
STATE.—In the preparation of each report under subsection
(a), the Under Secretary of State for Arms Control and
International Security shall include the comments, if any,
of the Secretary of State after the Secretary has had an
opportunity to review the report for a period of not to ex-
ceed 14 days.’’.
(b) ANNUAL REPORT.—Section 51 of that Act (22
U.S.C. 2593a) is amended—
(1) in subsection (a)—
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(A) by striking ‘‘Director’’ and inserting
‘‘Under Secretary of State for Arms Control and
International Security’’; and
(B) by striking ‘‘the Secretary of State,’’;
(2) by redesignating subsections (b) and (c) as
subsections (c) and (d), respectively; and
(3) by inserting after subsection (a) the follow-
ing:
‘‘(b) INCLUSION OF COMMENTS BY THE SECRETARY OF
STATE.—In the preparation of each report under subsection
(a), the Under Secretary of State for Arms Control and
International Security shall include the comments, if any,
of the Secretary of State after the Secretary has had an
opportunity to review the report for a period of not to ex-
ceed 14 days.’’.
SEC. 215. REPEAL RELATING TO INSPECTOR GENERAL FOR
UNITED STATES ARMS CONTROL AND DISAR-
MAMENT AGENCY.
Section 50 of the Arms Control and Disarmament Act
(22 U.S.C. 2593a), relating to the ACDA Inspector General,
is repealed.
CHAPTER 3—CONFORMING AMENDMENTS
SEC. 221. REFERENCES.
Except as provided in section 214, any reference in
any statute, reorganization plan, Executive order, regula-
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tion, agreement, determination, or other official document
or proceeding to—
(1) the Director of the United States Arms Con-
trol and Disarmament Agency, or any other officer or
employee of the United States Arms Control and Dis-
armament Agency, shall be deemed to refer to the Sec-
retary of State; and
(2) the United States Arms Control and Disar-
mament Agency shall be deemed to refer to the De-
partment of State.
SEC. 222. REPEAL OF ESTABLISHMENT OF ACDA.
Section 21 of the Arms Control and Disarmament Act
(22 U.S.C. 2561; relating to the establishment of ACDA)
is repealed.
SEC. 223. REPEAL OF POSITIONS AND OFFICES.
The following sections of the Arms Control and Disar-
mament Act are repealed:
(1) Section 22 (22 U.S.C. 2562; relating to the
Director).
(2) Section 23 (22 U.S.C. 2563; relating to the
Deputy Director).
(3) Section 24 (22 U.S.C. 2564; relating to As-
sistant Directors).
(4) Section 25 (22 U.S.C. 2565; relating to bu-
reaus, offices, and divisions).
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SEC. 224. COMPENSATION OF OFFICERS.
Title 5, United States Code, is amended—
(1) in section 5313, by striking ‘‘Director of the
United States Arms Control and Disarmament Agen-
cy.’’,
(2) in section 5314, by striking ‘‘Deputy Direc-
tor of the United States Arms Control and Disar-
mament Agency.’’,
(3) in section 5315—
(A) by striking ‘‘Assistant Directors, United
States Arms Control and Disarmament Agency
(4).’’, and
(B) by striking ‘‘Special Representatives of
the President for arms control, nonproliferation,
and disarmament matters, United States Arms
Control and Disarmament Agency’’, and insert-
ing ‘‘Special Representatives of the President for
arms control, nonproliferation, and disarmament
matters, Department of State’’, and
(4) in section 5316, by striking ‘‘General Counsel
of the United States Arms Control and Disarmament
Agency.’’.
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TITLE III—UNITED STATES
INFORMATION AGENCY
CHAPTER 1—GENERAL PROVISIONS
SEC. 301. EFFECTIVE DATE.
Except as otherwise provided, this title, and the
amendments made by this title, shall take effect on the ear-
lier of—
(1) October 1, 1999; or
(2) the date of abolition of the United States In-
formation Agency pursuant to the reorganization
plan described in section 601.
CHAPTER 2—ABOLITION AND TRANSFER
OF FUNCTIONS
SEC. 311. ABOLITION OF UNITED STATES INFORMATION
AGENCY.
The United States Information Agency (other than the
Broadcasting Board of Governors) is abolished.
SEC. 312. TRANSFER OF FUNCTIONS.
There are transferred to the Secretary of State all func-
tions of the Director of the United States Information Agen-
cy and all functions of the United States Information Agen-
cy and any office or component of such agency under any
statute, reorganization plan, Executive order, or other pro-
vision of law as of the day before the effective date of this
title, except as otherwise provided in this division.
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SEC. 313. UNDER SECRETARY OF STATE FOR PUBLIC DIPLO-
MACY.
Section 1(b) of the State Department Basic Authorities
Act of 1956 (22 U.S.C. 2651a(b)) is amended—
(1) by striking ‘‘There’’ and inserting the follow-
ing:
‘‘(1) IN GENERAL.—There’’; and
(2) by adding at the end the following:
‘‘(2) UNDER
SECRETARY
FOR
PUBLIC
DIPLO-
MACY.—There shall be in the Department of State,
among the Under Secretaries authorized by para-
graph (1), an Under Secretary for Public Diplomacy
who shall have responsibility to assist the Secretary
and the Deputy Secretary in the formation and im-
plementation of United States public diplomacy poli-
cies and activities, including international edu-
cational and cultural exchange programs, informa-
tion, and international broadcasting.’’.
SEC. 314. ABOLITION OF OFFICE OF INSPECTOR GENERAL
OF UNITED STATES INFORMATION AGENCY
AND TRANSFER OF FUNCTIONS.
(a) ABOLITION OF OFFICE.—The Office of Inspector
General of the United States Information Agency is abol-
ished.
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(b) AMENDMENTS TO INSPECTOR GENERAL ACT OF
1978.—Section 11 of the Inspector General Act of 1978 (5
U.S.C. App.) is amended—
(1) in paragraph (1), by striking ‘‘the United
States Information Agency’’ and inserting ‘‘the
Broadcasting Board of Governors’’; and
(2) in paragraph (2), by striking ‘‘the United
States Information Agency,’’ and inserting ‘‘the
Broadcasting Board of Governors,’’.
(c) EXECUTIVE SCHEDULE.—Section 5315 of title 5,
United States Code, is amended—
(1) by striking the following:
‘‘Inspector General, United States Information
Agency.’’; and
(2) by inserting the following:
‘‘Inspector General, Broadcasting Board of Gov-
ernors.’’.
(d) AMENDMENTS TO PUBLIC LAW 103–236.—Sub-
sections (i) and (j) of section 308 of the United States Inter-
national Broadcasting Act of 1994 (22 U.S.C. 6207 (i) and
(j)) are amended—
(1) by striking ‘‘Inspector General of the United
States Information Agency’’ each place it appears
and inserting ‘‘Inspector General of the Broadcasting
Board of Governors’’; and
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(2) by striking ‘‘the Director of the United States
Information Agency,’’.
(e) TRANSFER OF FUNCTIONS.—
(1) IN GENERAL.—Except as provided in para-
graph (2), there are transferred to the Office of the In-
spector General of the Department of State and the
Foreign Service the functions that the Office of In-
spector General of the United States Information
Agency exercised before the effective date of this title
(including all related functions of the Inspector Gen-
eral of the United States Information Agency).
(2) TRANSFER
TO
INSPECTOR
GENERAL
OF
BROADCASTING
BOARD
OF
GOVERNORS.—There are
transferred to the Inspector General of the Broadcast-
ing Board of Governors the functions (including relat-
ed functions) that the Office of Inspector General of
the United States Information Agency exercised with
respect to the International Broadcasting Bureau,
Voice of America, WORLDNET TV and Film Service,
the office of Cuba Broadcasting, and RFE/RL, Incor-
porated, before the effective date of this title.
(f) TRANSFER AND ALLOCATIONS OF APPROPRIATIONS
AND PERSONNEL.—The Director of the Office of Manage-
ment and Budget, in consultation with the Secretary of
State, is authorized to make such incidental dispositions
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of personnel, assets, liabilities, grants, contracts, property,
records, and unexpended balances of appropriations, au-
thorizations, allocations, and other funds held, used, arising
from, available to, or to be made available in connection
with such functions, as may be necessary to carry out the
provisions of this section.
SEC. 315. INTERIM TRANSFER OF FUNCTIONS.
(a) INTERIM TRANSFER.—Except as otherwise pro-
vided in this division, there are transferred to the Secretary
of State the following functions of the United States Infor-
mation Agency exercised as of the day before the effective
date of this section:
(1) The functions exercised by the Office of Pub-
lic Liaison of the Agency.
(2) The functions exercised by the Office of Con-
gressional and Intergovernmental Affairs of the Agen-
cy.
(b) EFFECTIVE DATE.—This section shall take effect
on the earlier of—
(1) October 1, 1998, or
(2) the date of the proposed transfer of functions
described in this section pursuant to the reorganiza-
tion plan described in section 601.
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CHAPTER 3—INTERNATIONAL
BROADCASTING
SEC. 321. CONGRESSIONAL FINDINGS AND DECLARATION
OF PURPOSE.
Congress finds that—
(1) it is the policy of the United States to pro-
mote the right of freedom of opinion and expression,
including the freedom ‘‘to seek, receive, and impart
information and ideas through any media and re-
gardless 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 and stability and the promotion
of such communication is in the interests of the Unit-
ed States;
(3) it is in the interest of the United States to
support broadcasting to other nations consistent with
the requirements of this chapter and the United
States International Broadcasting Act of 1994; and
(4) international broadcasting is, and should re-
main, an essential instrument of United States for-
eign policy.
HR 1757 EAS1S
SEC. 322. CONTINUED EXISTENCE OF BROADCASTING
BOARD OF GOVERNORS.
Section 304(a) of the United States International
Broadcasting Act of 1994 (22 U.S.C. 6203(a)) is amended
to read as follows:
‘‘(a) CONTINUED
EXISTENCE
WITHIN
EXECUTIVE
BRANCH.—
‘‘(1) IN GENERAL.—The Broadcasting Board of
Governors shall continue to exist within the Executive
branch of Government as an entity described in sec-
tion 104 of title 5, United States Code.
‘‘(2) RETENTION
OF
EXISTING
BOARD
MEM-
BERS.—The members of the Broadcasting Board of
Governors appointed by the President pursuant to
subsection (b)(1)(A) before the effective date of the
Foreign Affairs Agencies Consolidation Act of 1997
and holding office as of that date shall serve the re-
mainder of their terms of office without reappoint-
ment.
‘‘(3) ESTABLISHMENT OF INSPECTOR GENERAL
OF BROADCASTING BOARD
OF GOVERNORS.—There
shall be established an Inspector General of the
Broadcasting Board of Governors.
‘‘(4) INSPECTOR
GENERAL
AUTHORITIES.—The
Inspector General of the Broadcasting Board of Gov-
ernors shall exercise the same authorities with respect
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to the Broadcasting Board of Governors as the Inspec-
tor General of the Department of State and the For-
eign Service exercises under section 209 of the Foreign
Service Act of 1980 with respect to the Department of
State. The Inspector General of the Broadcasting
Board of Governors, in carrying out the functions of
the Inspector General, shall respect the professional
independence and integrity of all the broadcasters
covered by this title.’’.
SEC. 323. CONFORMING AMENDMENTS TO THE UNITED
STATES INTERNATIONAL BROADCASTING ACT
OF 1994.
(a) REFERENCES IN SECTION.—Whenever in this sec-
tion an amendment or repeal is expressed as an amendment
or repeal of a provision, the reference shall be deemed to
be made to the United States International Broadcasting
Act of 1994 (22 U.S.C. 6201 et seq.).
(b) SUBSTITUTION OF UNDER SECRETARY OF STATE
FOR PUBLIC DIPLOMACY.—Sections 304(b)(1)(B), 304(b)
(2) and (3), 304(c), 304(e), 305(c), and 306 (22 U.S.C.
6203(b)(1)(B), 6203(b) (2) and (3), 6203(c), 6203(e),
6204(c), and 6205) are amended by striking ‘‘Director of
the United States Information Agency’’ each place it ap-
pears and inserting ‘‘Under Secretary of State for Public
Diplomacy’’.
HR 1757 EAS1S
(3) in paragraph (9), by striking ‘‘, through the
Director of the United States Information Agency,’’;
(4) in paragraph (12)—
(A) by striking ‘‘1994 and 1995’’ and in-
serting ‘‘1998 and 1999’’; and
(B) by striking ‘‘to the Board for Inter-
national Broadcasting for such purposes for fis-
cal year 1993’’ and inserting ‘‘to the Board and
the International Broadcasting Bureau for such
purposes for fiscal year 1997’’; and
(5) by adding at the end the following new para-
graphs:
‘‘(15)(A) To procure temporary and intermittent
personal services to the same extent as is authorized
by section 3109 of title 5, United States Code, at rates
not to exceed the daily equivalent of the rate provided
for positions classified above grade GS–15 of the Gen-
eral Schedule under section 5108 of title 5, United
States Code.
‘‘(B) To allow those providing such services,
while away from their homes or their regular places
of business, travel expenses (including per diem in
lieu of subsistence) as authorized by section 5703 of
title 5, United States Code, for persons in the Govern-
HR 1757 EAS1S
ment service employed intermittently, while so em-
ployed.
‘‘(16) To receive donations, bequests, devises,
gifts, and other forms of contributions of cash, serv-
ices, and other property, from persons, corporations,
foundations, and all other groups and entities both
within the United States and abroad, and, pursuant
to the Federal Property and Administrative Services
Act of 1949, to use, sell, or otherwise dispose of such
property for the carrying out of its functions. For the
purposes of sections 170, 2055, and 2522 of the Inter-
nal Revenue Code of 1986 (26 U.S.C. 170, 2055, or
2522), the Board shall be deemed to be a corporation
described 
in 
section 
170(c)(2), 
2055(a)(2), 
or
2522(a)(2) of the Code, as the case may be.’’.
(f) BROADCASTING BUDGETS.—Section 305(b)(1) (22
U.S.C. 6204(b)(1)) is amended—
(1) by striking ‘‘(1)’’ before ‘‘The Director’’; and
(2) by striking ‘‘the Director of the United States
Information Agency for the consideration of the Di-
rector as a part of the Agency’s budget submission
to’’.
(g) 
REPEAL.—Section 
305(b)(2) 
(22 
U.S.C.
6204(b)(2)) is repealed.
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(h) IMPLEMENTATION.—Section 305(c) (22 U.S.C.
6204(c)) is amended—
(1) by striking ‘‘Director of the United States
Information Agency and the’’; and
(2) by striking ‘‘their’’ and inserting ‘‘its’’.
(i) FOREIGN POLICY GUIDANCE.—Section 306 (22
U.S.C. 6205) is amended by inserting before the period at
the end the following: ‘‘, as the Secretary may deem appro-
priate’’.
(j) INTERNATIONAL BROADCASTING BUREAU.—Section
307 (22 U.S.C. 6206) is amended—
(1) in subsection (a), by striking ‘‘within the
United States Information Agency’’ and inserting
‘‘under the Board’’;
(2) in subsection (b)(1), by striking ‘‘Chairman
of the Board, in consultation with the Director of the
United States Information Agency and with the con-
currence of a majority of the Board’’ and inserting
‘‘President, by and with the advice and consent of the
Senate’’; and
(3) by redesignating subsection (b)(1) as sub-
section (b).
(k) REPEALS.—The following provisions of law are re-
pealed:
HR 1757 EAS1S
(1) Subsections (k) and (l) of section 308 (22
U.S.C. 6207(k).
(2) Section 310 (22 U.S.C. 6209).
(l) ADDITIONAL
REFERENCE
TO
DIRECTOR
OF
USIA.—Section 311 (22 U.S.C. 6210) is amended by strik-
ing ‘‘the Director of the United States Information Agency
and’’.
SEC. 324. AMENDMENTS TO THE RADIO BROADCASTING TO
CUBA ACT.
The Radio Broadcasting to Cuba Act (22 U.S.C. 1465
et seq.) is amended—
(1) by striking ‘‘United States Information
Agency’’ each place it appears and inserting ‘‘Broad-
casting Board of Governors’’;
(2) by striking ‘‘Agency’’ each place it appears
and inserting ‘‘Board’’;
(3) by striking ‘‘the Director of the United States
Information Agency’’ each place it appears and in-
serting ‘‘the Chairman of the Broadcasting Board of
Governors’’;
(4) in section 4 (22 U.S.C. 1465b), by striking
‘‘the Director of the Voice of America’’ and inserting
‘‘the International Broadcasting Bureau’’; and
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(5) by striking any other reference to ‘‘Director’’
not amended by paragraph (3) each place it appears
and inserting ‘‘Chairman’’.
SEC. 325. AMENDMENTS TO THE TELEVISION BROADCAST-
ING TO CUBA ACT.
The Television Broadcasting to Cuba Act (22 U.S.C.
1465aa et seq.) is amended—
(1) by striking ‘‘United States Information
Agency’’ and inserting ‘‘Broadcasting Board of Gov-
ernors’’ each place it appears;
(2) by striking ‘‘Agency’’ and inserting ‘‘Board’’
each place it appears;
(3) by striking ‘‘Director of the United States
Information Agency’’ each place it appears and in-
serting ‘‘Chairman of the Broadcasting Board of Gov-
ernors’’;
(4) in section 244a. (22 U.S.C. 1465cc(a)), by
striking ‘‘the Director of the Voice of America’’ and
inserting ‘‘the International Broadcasting Bureau’’;
and
(5) by striking any other reference to ‘‘Director’’
not amended by paragraph (3) or (4) each place it
appears and inserting ‘‘Chairman’’.
HR 1757 EAS1S
SEC. 326. SAVINGS PROVISIONS.
(a) CONTINUING EFFECT OF LEGAL DOCUMENTS.—All
orders, determinations, rules, regulations, permits, agree-
ments, grants, contracts, certificates, licenses, registrations,
privileges, and other administrative actions—
(1) which have been issued, made, granted, or al-
lowed to become effective by the President, any Fed-
eral agency or official thereof, or by a court of com-
petent jurisdiction, in the performance of functions
exercised by the Broadcasting Board of Governors of
the United States Information Agency on the day be-
fore the effective date of this chapter, and
(2) which are in effect at the time this chapter
takes effect, or were final before the effective date of
this chapter and are to become effective on or after the
effective date of this chapter,
shall continue in effect according to their terms until modi-
fied, terminated, superseded, set aside, or revoked in accord-
ance with law by the President, the Broadcasting Board
of Governors, or other authorized official, a court of com-
petent jurisdiction, or by operation of law.
(b) PROCEEDINGS NOT AFFECTED.—The provisions of
this chapter, or amendments made by this chapter, shall
not affect any proceedings, including notices of proposed
rulemaking, or any application for any license, permit, cer-
tificate, or financial assistance pending before the Broad-
HR 1757 EAS1S
casting Board of Governors of the United States Informa-
tion Agency at the time this chapter takes effect, with re-
spect to functions exercised by the Board as of the effective
date of this chapter but such proceedings and applications
shall be continued. Orders shall be issued in such proceed-
ings, appeals shall be taken therefrom, and payments shall
be made pursuant to such orders, as if this chapter had
not been enacted, and orders issued in any such proceedings
shall continue in effect until modified, terminated, super-
seded, 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 dis-
continuance or modification of any such proceeding under
the same terms and conditions and to the same extent that
such proceeding could have been discontinued or modified
if this chapter had not been enacted.
(c) SUITS NOT AFFECTED.—The provisions of this
chapter, and amendments made by this chapter, shall not
affect suits commenced before the effective date of this chap-
ter, 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 chapter had not been enacted.
(d) NONABATEMENT OF ACTIONS.—No suit, action, or
other proceeding commenced by or against the Board, or
by or against any individual in the official capacity of such
HR 1757 EAS1S
individual as an officer of the Board, shall abate by reason
of the enactment of this chapter.
(e) ADMINISTRATIVE ACTIONS RELATING TO PROMUL-
GATION OF REGULATIONS.—Any administrative action re-
lating to the preparation or promulgation of a regulation
by the Board relating to a function exercised by the Board
before the effective date of this chapter may be continued
by the Board with the same effect as if this chapter had
not been enacted.
(f) REFERENCES.—Reference in any other Federal
law, Executive order, rule, regulation, or delegation of au-
thority, or any document of or relating to the Broadcasting
Board of Governors of the United States Information Agen-
cy with regard to functions exercised before the effective date
of this chapter, shall be deemed to refer to the Board.
SEC. 327. REPORT ON THE PRIVATIZATION OF RFE/RL, IN-
CORPORATED.
(a) FINDINGS.—Congress makes the following findings:
(1) The Foreign Relations Authorization Act,
Fiscal Years 1994 and 1995, set a limitation on the
operating 
costs 
of 
RFE/RL, 
Incorporated, 
at
$75,000,000 for any fiscal year after fiscal year 1995.
(2) Section 312(a) of the Foreign Relations Au-
thorization Act, Fiscal Years 1994 and 1995, ex-
pressed the sense of Congress that, in furtherance of
HR 1757 EAS1S
the objectives of section 302 of that Act, the funding
of RFE/RL, Incorporated, should be assumed by the
private sector not later than December 31, 1999.
(3) The conference report on the Foreign Rela-
tions Authorization Act, Fiscal Years 1994 and 1995
(House Report 103–482) noted that ‘‘The committee
on the conference expects that the Broadcasting Board
of Governors will do everything possible, within avail-
able resources, to support this privatization effort’’.
(b) DECLARATION OF POLICY.—It is the sense of Con-
gress that RFE/RL, Incorporated, should act in accordance
with subsection (a)(2), that is, that the United States Gov-
ernment should cease Federal support for RFE/RL, Incor-
porated, prior to December 31, 1999.
(c) REPORT.—Not later than 90 days after the date
of enactment of this Act and every 180 days thereafter, the
President acting through the Chairman of the Broadcasting
Board of Governors shall submit to the appropriate congres-
sional committees a report on the progress of the Board and
of RFE/RL, Incorporated, in implementing section 312(a)
of the Foreign Relations Authorization Act, Fiscal Years
1994 and 1995. The report under this subsection shall in-
clude the following:
(1) Efforts by RFE/RL, Incorporated, to termi-
nate individual language services.
HR 1757 EAS1S
(2) A detailed description of steps taken to com-
ply with subsection (a)(2).
(3) An analysis of prospects for privatization
over the coming year.
(d) DEFINITIONS.—In this section, the term ‘‘the
Board’’ means the Broadcasting Board of Governors.
CHAPTER 4—CONFORMING AMENDMENTS
SEC. 331. REFERENCES.
Any reference in any statute, reorganization plan, Ex-
ecutive order, regulation, agreement, determination, or
other official document or proceeding to—
(1) the Director of the United States Information
Agency or the Director of the International Commu-
nication Agency shall be deemed to refer to the Sec-
retary of State; and
(2) the United States Information Agency,
USIA, or the International Communication Agency
shall be deemed to refer to the Department of State,
except as otherwise provided by this division.
SEC. 332. AMENDMENTS TO TITLE 5, UNITED STATES CODE.
Title 5, United States Code, is amended—
(1) in section 5313, by striking ‘‘Director of the
United States Information Agency.’’;
(2) in section 5315—
HR 1757 EAS1S
(A) by striking ‘‘Deputy Director of the
United States Information Agency.’’; and
(B) by adding at the end the following:
‘‘Director of the International Broadcasting Bu-
reau.’’; and
(3) in section 5316, by striking ‘‘Deputy Direc-
tor, Policy and Plans, United States Information
Agency.’’ and striking ‘‘Associate Director (Policy
and Plans), United States Information Agency.’’.
SEC. 333. BAN ON DOMESTIC ACTIVITIES.
Section 208 of the Foreign Relations Authorization
Act, Fiscal Years 1986 and 1987 (22 U.S.C. 1461–1a) is
amended—
(1) by striking out ‘‘United States Information
Agency’’ each of the two places it appears and insert-
ing ‘‘Department of State’’; and
(2) by inserting ‘‘in carrying out international
information, educational, and cultural activities com-
parable to those previously administered by the Unit-
ed States Information Agency’’ before ‘‘shall be dis-
tributed’’.
HR 1757 EAS1S
TITLE 
IV—UNITED 
STATES
INTERNATIONAL 
DEVELOP-
MENT COOPERATION AGENCY
CHAPTER 1—GENERAL PROVISIONS
SEC. 401. EFFECTIVE DATE.
This title, and the amendments made by this title,
shall take effect on the earlier of—
(1) October 1, 1998; or
(2) the date of abolition of the United States
International Development Cooperation Agency pur-
suant to the reorganization plan described in section
601.
CHAPTER 2—ABOLITION AND TRANSFER
OF FUNCTIONS
SEC. 411. ABOLITION OF UNITED STATES INTERNATIONAL
DEVELOPMENT COOPERATION AGENCY.
(a) IN GENERAL.—Except for the components de-
scribed in subsection (b), the United States International
Development Cooperation Agency (including the Institute
for Scientific and Technological Cooperation) is abolished.
(b) OPIC AND AID EXEMPTED.—Subsection (a) does
not apply to the Agency for International Development or
the Overseas Private Investment Corporation.
HR 1757 EAS1S
SEC. 412. TRANSFER OF FUNCTIONS.
(a) TO THE SECRETARY OF STATE.—There are trans-
ferred to the Secretary of State the functions of the Director
of the United States International Development Coopera-
tion Agency and of the United States International Devel-
opment Cooperation Agency, as of the day before the effec-
tive date of this title, in allocating the funds described in
subsection (d).
(b) WITH RESPECT TO THE OVERSEAS PRIVATE IN-
VESTMENT CORPORATION.—There are transferred to the Ad-
ministrator of the Agency for International Development all
functions of the Director of the United States International
Development Cooperation Agency as of the day before the
effective date of this title with respect to the Overseas Pri-
vate Investment Corporation.
(c) TO ANOTHER AGENCY OR AGENCIES.—
(1) PURSUANT TO A REORGANIZATION PLAN.—
Except as provided in paragraph (2), there are trans-
ferred to such agency or agencies as may be specified
in the reorganization plan transmitted under section
601 all functions not transferred under subsection (a)
of the Director of the United States International De-
velopment Cooperation Agency and the United States
International Development Cooperation Agency as of
the day before the effective date of this title.
HR 1757 EAS1S
(2) FAILURE
TO
SUBMIT
A
REORGANIZATION
PLAN.—In the event that the President fails to submit
a reorganization plan under section 601, all functions
not transferred under subsection (a) or (b) of the Di-
rector of the United States International Development
Cooperation Agency and the United States Inter-
national Development Cooperation Agency as of the
day before the effective date of this title shall be trans-
ferred to the Secretary of State.
(d) ALLOCATION OF FUNDS.—Funds under the cat-
egories of assistance deemed allocated to the Director of the
International Development Cooperation Agency under sec-
tion 1–801 of Executive Order No. 12163 (22 U.S.C. 2381
note) as of the day before the effective date of this title shall
be deemed allocated to the Secretary of State on and after
that date without further action by the President.
SEC. 413. STATUS OF AID.
(a) IN GENERAL.—Unless abolished pursuant to the
reorganization plan submitted under section 601, and ex-
cept as provided in section 412, there is within the Execu-
tive branch of Government the United States Agency for
International Development as an entity described in section
104 of title 5, United States Code.
(b) RETENTION OF OFFICERS.—Nothing in this section
shall require the reappointment of any officer of the United
HR 1757 EAS1S
States serving in the Agency for International Development
of the United States International Development Coopera-
tion Agency as of the day before the effective date of this
title.
(c) UTILIZATION OF THE FOREIGN SERVICE PERSON-
NEL SYSTEM.—Section 202(a)(1) of the Foreign Service Act
of 1980 (22 U.S.C. 3922(a)(1)) is amended to read as fol-
lows:
‘‘(a)(1) The Administrator of the United States Agency
for International Development may utilize the Foreign
Service personnel system with respect to the Agency in ac-
cordance with this Act.’’.
CHAPTER 3—CONFORMING AMENDMENTS
SEC. 421. REFERENCES.
Except as otherwise provided in this title, any ref-
erence in any statute, reorganization plan, Executive order,
regulation, agreement, determination, or other official docu-
ment or proceeding to the Director or any other officer or
employee of the United States International Development
Cooperation Agency (IDCA) or the Agency—
(1) insofar as such references relate to functions
transferred under section 412(a), shall be deemed to
refer to the Secretary of State;
(2) insofar as such references relate to functions
transferred under section 412(b), shall be deemed to
HR 1757 EAS1S
refer to the Administrator of the Agency for Inter-
national Development; and
(3) insofar as such references relate to functions
transferred under section 412(c), shall be deemed to
refer to such agency or agencies as may be specified
in the reorganization plan submitted under section
601.
SEC. 422. CONFORMING AMENDMENTS.
The following shall cease to be effective:
(1) Reorganization Plan Numbered 2 of 1979 (5
U.S.C. App.).
(2) Section 1–101 through 1–103, sections 1–401
through 1–403, section 1–801(a), and such other pro-
visions that relate to the United States International
Development Cooperation Agency or the Director of
such Agency, of Executive Order No. 12163 (22
U.S.C. 2381 note; relating to administration of for-
eign assistance and related functions).
(3) The International Development Cooperation
Agency Delegation of Authority Numbered 1 (44 Fed.
Reg. 57521), except for section 1–6 of such Delegation
of Authority.
(4) Section 3 of Executive Order No. 12884 (58
Fed. Reg. 64099; relating to the delegation of func-
tions under the Freedom for Russia and Emerging
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Eurasian Democracies and Open Markets Support
Act of 1992, the Foreign Assistance Act of 1961, the
Foreign Operations, Export Financing and Related
Programs Appropriations Act, 1993, and section 301
of title 3, United States Code).
TITLE V—AGENCY FOR
INTERNATIONAL DEVELOPMENT
CHAPTER 1—GENERAL PROVISIONS
SEC. 501. EFFECTIVE DATE.
This title, and the amendments made by this title,
shall take effect on the earlier of—
(1) October 1, 1998; or
(2) the date of reorganization of the Agency for
International Development pursuant to the reorga-
nization plan described in section 601.
CHAPTER 2—REORGANIZATION AND
TRANSFER OF FUNCTIONS
SEC. 511. REORGANIZATION OF AGENCY FOR INTER-
NATIONAL DEVELOPMENT.
(a) IN GENERAL.—The Agency for International De-
velopment shall be reorganized in accordance with this divi-
sion and the reorganization plan transmitted pursuant to
section 601.
(b) FUNCTIONS TO BE TRANSFERRED.—The reorga-
nization of the Agency for International Development shall
HR 1757 EAS1S
provide, at a minimum, for the transfer to and consolida-
tion with the Department of State of the following functions
of the Agency:
(1) Press and public affairs.
(2) Legislative affairs.
CHAPTER 3—AUTHORITIES OF THE
SECRETARY OF STATE
SEC. 521. DEFINITION OF UNITED STATES ASSISTANCE.
In this chapter, the term ‘‘United States assistance’’
means development and other economic assistance, includ-
ing assistance made available under the following provi-
sions of law:
(1) Chapter 1 of part I of the Foreign Assistance
Act of 1961 (relating to development assistance).
(2) Chapter 4 of part II of the Foreign Assist-
ance Act of 1961 (relating to the economic support
fund).
(3) Chapter 10 of part I of the Foreign Assist-
ance Act of 1961 (relating to the Development Fund
for Africa).
(4) Chapter 11 of part I of the Foreign Assist-
ance Act of 1961 (relating to assistance for the inde-
pendent states of the former Soviet Union).
(5) The Support for East European Democracy
Act (22 U.S.C. 5401 et seq.).
HR 1757 EAS1S
(6) The FREEDOM Support Act (22 U.S.C.
5801 et seq.).
SEC. 522. PLACEMENT OF ADMINISTRATOR OF AID UNDER
THE DIRECT AUTHORITY OF THE SECRETARY
OF STATE.
The Administrator of the Agency for International De-
velopment, appointed pursuant to section 624(a) of the For-
eign Assistance Act of 1961 (22 U.S.C. 2384(a)), shall serve
under the direct authority of the Secretary of State.
SEC. 523. ASSISTANCE PROGRAMS COORDINATION, IMPLE-
MENTATION, AND OVERSIGHT.
(a) AUTHORITY OF THE SECRETARY OF STATE.—
(1) IN
GENERAL.—Under the direction of the
President, the Secretary of State shall coordinate all
programs, projects, and activities of United States as-
sistance in accordance with this section, except as
provided in paragraphs (2) and (3).
(2) EXPORT PROMOTION ACTIVITIES.—Coordina-
tion of activities relating to promotion of exports of
United States goods and services shall continue to be
primarily the responsibility of the Secretary of Com-
merce.
(3) INTERNATIONAL ECONOMIC ACTIVITIES.—Co-
ordination of activities relating to United States par-
ticipation in international financial institutions and
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relating to organization of multilateral efforts aimed
at currency stabilization, currency convertibility, debt
reduction, and comprehensive economic reform pro-
grams shall continue to be primarily the responsibil-
ity of the Secretary of the Treasury.
(4) RELATION TO EXISTING LAW.—The respon-
sibilities of the Secretary of State under this section
are in addition to responsibilities of the Secretary
under section 622(c) of the Foreign Assistance Act of
1961 (22 U.S.C. 2382(c)).
(b) COORDINATION ACTIVITIES.—Coordination activi-
ties of the Secretary of State under subsection (a) shall in-
clude—
(1) designing an overall assistance and economic
cooperation strategy;
(2) ensuring program and policy coordination
among agencies of the United States Government in
carrying out the policies set forth in the Foreign As-
sistance Act of 1961, the Arms Export Control Act,
and other relevant assistance Acts;
(3) pursuing coordination with other countries
and international organizations;
(4) ensuring proper management, implementa-
tion, and oversight by agencies responsible for assist-
ance programs; and
HR 1757 EAS1S
(5) resolving policy, program, and funding dis-
putes among United States Government agencies.
(c) STATUTORY CONSTRUCTION.—Nothing in this sec-
tion may be construed to lessen the accountability of any
Federal agency administering any program, project, or ac-
tivity of United States assistance for any funds made avail-
able to the agency for that purpose.
(d) AUTHORITY TO PROVIDE PERSONNEL
OF
THE
AGENCY
FOR INTERNATIONAL DEVELOPMENT.—The Ad-
ministrator of the Agency for International Development
shall, upon request, detail to the Department of State on
a nonreimbursable basis such personnel employed by the
Agency as the Secretary of State may require to carry out
this section.
SEC. 524. SENSE OF THE SENATE REGARDING APPORTION-
MENT OF CERTAIN FUNDS TO THE SEC-
RETARY OF STATE.
It is the sense of the Senate that the Director of the
Office of Management and Budget should apportion United
States assistance funds appropriated to the President under
major functional budget category 150 (relating to inter-
national affairs) to the Secretary of State in lieu of the
apportionment of those funds to the head of any other Fed-
eral agency.
HR 1757 EAS1S
TITLE VI—TRANSITION
CHAPTER 1—REORGANIZATION PLAN
SEC. 601. REORGANIZATION PLAN.
(a) SUBMISSION OF PLAN.—Not later than October 1,
1997, or the date that is 15 days after the date of the enact-
ment of this Act, whichever occurs later, the President shall,
in consultation with the Secretary and the heads of the
agencies under subsection (b), transmit to the appropriate
congressional committees a reorganization plan providing
for—
(1) with respect to the United States Arms Con-
trol and Disarmament Agency, the United States In-
formation Agency, and the United States Inter-
national Development Cooperation Agency, the aboli-
tion of each agency in accordance with this division;
(2) with respect to the Agency for International
Development, the consolidation and streamlining of
the Agency and the transfer of certain functions of the
Agency to the Department in accordance with section
511;
(3) with respect to the United States Information
Agency, the transfer of certain functions of the Agency
to the Department in accordance with section 313;
(4) the termination of functions of each agency
that would be redundant if transferred to the Depart-
HR 1757 EAS1S
ment, and the separation from service of employees of
each such agency or of the Department not otherwise
provided for in the plan;
(5) the transfer to the Department of the func-
tions and personnel of each agency consistent with the
provisions of this division; and
(6) 
the 
consolidation, 
reorganization, 
and
streamlining of the Department upon the transfer of
such functions and personnel in order to carry out
such functions.
(b) COVERED AGENCIES.—The agencies under this
subsection are the following:
(1) The United States Arms Control and Disar-
mament Agency.
(2) The United States Information Agency.
(3) The United States International Develop-
ment Cooperation Agency.
(4) The Agency for International Development.
(c) PLAN ELEMENTS.—The plan transmitted under
subsection (a) shall—
(1) identify the functions of each agency that
will be transferred to the Department under the plan;
(2) identify the number of personnel and number
of positions of each agency (including civil service
personnel, Foreign Service personnel, and detailees)
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that will be transferred to the Department, separated
from service with such agency, or eliminated under
the plan, and set forth a schedule for such transfers,
separations, and terminations;
(3) identify the number of personnel and number
of positions of the Department (including civil service
personnel, Foreign Service personnel, and detailees)
that will be transferred within the Department, sepa-
rated from service with the Department, or eliminated
under the plan, and set forth a schedule for such
transfers, separations, and terminations;
(4) specify the steps to be taken by the Secretary
of State to reorganize internally the functions of the
Department, including the consolidation of offices and
functions, that will be required under the plan in
order to permit the Department to carry out the func-
tions transferred to it under the plan;
(5) specify the funds available to each agency
that will be transferred to the Department as a result
of the transfer of functions of such agency to the De-
partment;
(6) specify the proposed allocations within the
Department of unexpended funds transferred in con-
nection with the transfer of functions under the plan;
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(7) specify the proposed disposition of the prop-
erty, facilities, contracts, records, and other assets and
liabilities of each such agency in connection with the
transfer of the functions of the agency to the Depart-
ment; and
(8) recommend legislation necessary to carry out
changes made by this division relating to personnel
and to incidental transfers.
(d) REORGANIZATION PLAN OF AGENCY FOR INTER-
NATIONAL DEVELOPMENT.—In addition to applicable pro-
visions of subsection (c), the reorganization plan transmit-
ted under this section for the Agency for International De-
velopment—
(1) may provide for the abolition of the Agency
for International Development and the transfer of all
its functions to the Department of State; or
(2) in lieu of the abolition and transfer of func-
tions under paragraph (1)—
(A) shall provide for the transfer to and
consolidation within the Department of the func-
tions of the agency set forth in section 511; and
(B) may provide for additional consolida-
tion, reorganization, and streamlining of the
Agency, including—
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(i) the termination of functions and re-
ductions in personnel of the Agency;
(ii) the transfer of functions of the
Agency, and the personnel associated with
such functions, to the Department; and
(iii) the consolidation, reorganization,
and streamlining of the Department upon
the transfer of such functions and personnel
in order to carry out the functions trans-
ferred.
(e) MODIFICATION OF PLAN.—The President may, on
the basis of consultations with the appropriate congres-
sional committees, modify or revise the plan transmitted
under subsection (a).
(f) EFFECTIVE DATE.—
(1) IN GENERAL.—The reorganization plan de-
scribed in this section, including any modifications or
revisions of the plan under subsection (e), shall be-
come effective on the earlier of the date for the respec-
tive agency specified in paragraph (2) or the date an-
nounced by the President under paragraph (3).
(2) STATUTORY EFFECTIVE DATES.—The effective
dates under this paragraph for the reorganization
plan described in this section are the following:
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(A) October 1, 1998, with respect to func-
tions of the Agency for International Develop-
ment described in section 511.
(B) October 1, 1998, with respect to func-
tions of the United States Information Agency
described in section 313.
(C) October 1, 1998, with respect to the abo-
lition of the United States Arms Control and
Disarmament Agency and the United States
International Development Cooperation Agency.
(D) October 1, 1999, with respect to the
abolition of the United States Information Agen-
cy (other than as described in subparagraph
(B)).
(3) EFFECTIVE DATE BY PRESIDENTIAL DETER-
MINATION.—An effective date under this paragraph
for a reorganization plan described in this section is
such date as the President shall determine to be ap-
propriate and announce by notice published in the
Federal Register, which date may be not earlier than
60 calendar days (excluding any day on which either
House of Congress is not in session because of an ad-
journment sine die or because of an adjournment of
more than 3 days to a day certain) after the Presi-
dent has transmitted the reorganization plan to the
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appropriate congressional committees pursuant to
subsection (a).
(4) STATUTORY CONSTRUCTION.—Nothing in this
subsection may be construed to require the transfer of
functions, personnel, records, balance of appropria-
tions, or other assets of an agency on a single date.
(5) SUPERSEDES EXISTING LAW.—Paragraph (1)
shall apply notwithstanding section 905(b) of title 5,
United States Code.
CHAPTER 2—REORGANIZATION
AUTHORITY
SEC. 611. REORGANIZATION AUTHORITY.
(a) IN GENERAL.—The Secretary is authorized, subject
to the requirements of this division, to allocate or reallocate
any function transferred to the Department under any title
of this division among the officers of the Department, and
to establish, consolidate, alter, or discontinue such organiza-
tional entities within the Department as may be necessary
or appropriate to carry out any reorganization under this
division, but the authority of the Secretary under this sec-
tion does not extend to—
(1) the abolition of organizational entities or of-
ficers established by this Act or any other Act; or
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(2) the alteration of the delegation of functions
to any specific organizational entity or officer re-
quired by this Act or any other Act.
(b) REQUIREMENTS AND LIMITATIONS ON REORGA-
NIZATION PLAN.—The reorganization plan under section
601 may not have the effect of—
(1) creating a new executive department;
(2) continuing a function beyond the period au-
thorized by law for its exercise or beyond the time
when it would have terminated if the reorganization
had not been made;
(3) authorizing an agency to exercise a function
which is not authorized by law at the time the plan
is transmitted to Congress;
(4) creating a new agency which is not a compo-
nent or part of an existing executive department or
independent agency; or
(5) increasing the term of an office beyond that
provided by law for the office.
SEC. 612. TRANSFER AND ALLOCATION OF APPROPRIA-
TIONS AND PERSONNEL.
(a) IN GENERAL.—Except as otherwise provided in
this Act, the personnel employed in connection with, and
the assets, liabilities, contracts, property, records, and unex-
pended balance of appropriations, authorizations, alloca-
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tions, and other funds employed, held, used, arising from,
available to, or to be made available in connection with
the functions and offices, or portions thereof transferred by
any title of this division, subject to section 1531 of title
31, United States Code, shall be transferred to the Secretary
for appropriate allocation.
(b) LIMITATION ON USE OF TRANSFERRED FUNDS.—
Unexpended and unobligated funds transferred pursuant to
any title of this division shall be used only for the purposes
for which the funds were originally authorized and appro-
priated.
SEC. 613. INCIDENTAL TRANSFERS.
The Director of the Office of Management and Budget,
in consultation with the Secretary, is authorized to make
such incidental dispositions of personnel, assets, liabilities,
grants, contracts, property, records, and unexpended bal-
ances of appropriations, authorizations, allocations, and
other funds held, used, arising from, available to, or to be
made available in connection with such functions, as may
be necessary to carry out the provisions of any title of this
division. The Director of the Office of Management and
Budget, in consultation with the Secretary, shall provide
for the termination of the affairs of all entities terminated
by this division and for such further measures and disposi-
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tions as may be necessary to effectuate the purposes of any
title of this division.
SEC. 614. SAVINGS PROVISIONS.
(a) CONTINUING LEGAL FORCE AND EFFECT.—All or-
ders, determinations, rules, regulations, permits, agree-
ments, grants, contracts, certificates, licenses, registrations,
privileges, and other administrative actions—
(1) that have been issued, made, granted, or al-
lowed to become effective by the President, any Fed-
eral agency or official thereof, or by a court of com-
petent jurisdiction, in the performance of functions
that are transferred under any title of this division;
and
(2) that are in effect at the time such title takes
effect, or were final before the effective date of such
title and are to become effective on or after the effec-
tive date of such title,
shall continue in effect according to their terms until modi-
fied, terminated, superseded, set aside, or revoked in accord-
ance with law by the President, the Secretary, or other au-
thorized official, a court of competent jurisdiction, or by
operation of law.
(b) PENDING PROCEEDINGS.—(1) The provisions of
any title of this division shall not affect any proceedings,
including notices of proposed rulemaking, or any applica-
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tion for any license, permit, certificate, or financial assist-
ance pending on the effective date of any title of this divi-
sion before any department, agency, commission, or compo-
nent thereof, functions of which are transferred by any title
of this division. Such proceedings and applications, to the
extent that they relate to functions so transferred, shall be
continued.
(2) Orders shall be issued in such proceedings, appeals
shall be taken therefrom, and payments shall be made pur-
suant to such orders, as if this division had not been en-
acted. Orders issued in any such proceedings shall continue
in effect until modified, terminated, superseded, or revoked
by the Secretary, by a court of competent jurisdiction, or
by operation of law.
(3) Nothing in this division shall be deemed to prohibit
the discontinuance or modification of any such proceeding
under the same terms and conditions and to the same extent
that such proceeding could have been discontinued or modi-
fied if this division had not been enacted.
(4) The Secretary is authorized to promulgate regula-
tions providing for the orderly transfer of proceedings con-
tinued under this subsection to the Department.
(c) NO EFFECT ON JUDICIAL PROCEEDINGS.—Except
as provided in subsection (e)—
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(1) the provisions of this division shall not affect
suits commenced prior to the effective date of this Act,
and
(2) in all such suits, proceedings shall be had,
appeals taken, and judgments rendered in the same
manner and effect as if this division had not been en-
acted.
(d) NONABATEMENT OF PROCEEDINGS.—No suit, ac-
tion, or other proceeding commenced by or against any offi-
cer in the official capacity of such individual as an officer
of any department or agency, functions of which are trans-
ferred by any title of this division, shall abate by reason
of the enactment of this division. No cause of action by or
against any department or agency, functions of which are
transferred by any title of this division, or by or against
any officer thereof in the official capacity of such officer
shall abate by reason of the enactment of this division.
(e) CONTINUATION OF PROCEEDING WITH SUBSTI-
TUTION OF PARTIES.—If, before the date on which any title
of this division takes effect, any department or agency, or
officer thereof in the official capacity of such officer, is a
party to a suit, and under this division any function of
such department, agency, or officer is transferred to the Sec-
retary or any other official of the Department, then such
suit shall be continued with the Secretary or other appro-
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priate official of the Department substituted or added as
a party.
(f) REVIEWABILITY OF ORDERS AND ACTIONS UNDER
TRANSFERRED FUNCTIONS.—Orders and actions of the Sec-
retary in the exercise of functions transferred under any
title of this division shall be subject to judicial review to
the same extent and in the same manner as if such orders
and actions had been by the agency or office, or part thereof,
exercising such functions immediately preceding their
transfer. Any statutory requirements relating to notice,
hearings, action upon the record, or administrative review
that apply to any function transferred by any title of this
division shall apply to the exercise of such function by the
Secretary.
SEC. 615. PROPERTY AND FACILITIES.
The Secretary shall review the property and facilities
transferred to the Department under this division to deter-
mine whether such property and facilities are required by
the Department.
SEC. 616. AUTHORITY OF SECRETARY OF STATE TO FACILI-
TATE TRANSITION.
Prior to, or after, any transfer of a function under
any title of this division, the Secretary is authorized to uti-
lize—
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(1) the services of such officers, employees, and
other personnel of an agency with respect to functions
that will be or have been transferred to the Depart-
ment by any title of this division; and
(2) funds appropriated to such functions for such
period of time as may reasonably be needed to facili-
tate the orderly implementation of any title of this di-
vision.
SEC. 617. FINAL REPORT.
Not later than January 1, 2000, the President, in con-
sultation with the Secretary of the Treasury and the Direc-
tor of the Office of Management and Budget shall submit
to the appropriate congressional committees a report which
provides a final accounting of the finances and operations
of the agencies abolished under this division.
TITLE 
VII—FUNCTIONS, 
CON-
DUCT, AND STRUCTURE OF
UNITED 
STATES 
FOREIGN
POLICY FOR THE 21ST CEN-
TURY.
SEC. 701. FINDINGS.
Congress makes the following findings:
(1) The United States has prevailed after a half-
century of Cold War and must now redesign diplo-
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macy to meet the different challenges of a new and
changed international context.
(2) The security of the United States requires
that the United States maintain an effective, profes-
sional diplomacy, working in concert with the na-
tional intelligence and defense forces of the United
States.
(3) With modern communications and accelerat-
ing technological change, the world is ever more inter-
dependent.
(4) Because 30 percent of the United States gross
domestic product is trade-related and every one bil-
lion dollars of United States exports represents 20,000
American jobs, national prosperity requires assured
access to foreign markets and our diplomacy promotes
and defends that access.
(5) American consumers and American industry
count upon the availability of foreign goods and raw
materials.
(6) The new international agenda includes the
following pressing issues, which the Cold War diplo-
matic structure of the United States is not framed to
address adequately: intellectual property rights, refu-
gee migrations, runaway immigration, ethnic conflict,
narcotics, international terrorism, epidemic disease,
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human rights, the advancement of democracy and of
market economic systems in developing countries, and
a hospitable natural environment.
(7) The United States, as the one remaining
global power, must provide global leadership to ad-
dress these issues that affect Americans.
(8) It is in the national interest to review the
functions, conduct, and structure of United States for-
eign policy for the 21st century.
SEC. 702. ESTABLISHMENT.
There is established a commission to be known as the
Commission on the Functions, Conduct, and Structure of
United States Foreign Policy for the 21st Century (in this
title referred to as the ‘‘Commission’’).
SEC. 703. COMPOSITION AND QUALIFICATIONS.
(a) MEMBERSHIP.—The Commission shall be com-
posed of 9 members who shall be United States citizens who
have substantial experience with and expertise in the oper-
ations of the foreign affairs agencies of the Federal Govern-
ment, to be selected as follows:
(1) Five members shall be appointed by the
President, at least 3 of whom shall have held senior
positions in at least 1 foreign affairs agency of the
Federal Government, except that not more than 3
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members may be appointed from the same political
party.
(2) One member shall be appointed by the Major-
ity Leader of the Senate.
(3) One member shall be appointed by the Mi-
nority Leader of the Senate.
(4) One member shall be appointed by the
Speaker of the House of Representatives.
(5) One member shall be appointed by the Mi-
nority Leader of the House of Representatives.
(b) CHAIR AND VICE CHAIR.—The President shall des-
ignate, in consultation with the Majority Leader of the Sen-
ate, the Minority Leader of the Senate, the Speaker of the
House of Representatives, and the Minority Leader of the
House of Representatives, 2 of the members of the Commis-
sion to serve as Chair and Vice Chair, respectively.
(c) PERIOD OF APPOINTMENT, VACANCIES.—Members
shall be appointed for the life of the Commission. Any va-
cancy in the Commission shall not affect its powers but
shall be filled expeditiously in the same manner as the
original appointment.
(d) DEADLINE
FOR APPOINTMENTS.—The appoint-
ments required by subsection (a) shall, to the extent prac-
ticable, be made within 30 days after the date of enactment
of this Act.
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(e) MEETINGS.—
(1) FREQUENCY
OF
MEETINGS.—The Commis-
sion shall meet upon request of the Chair but not less
than once every 2 months for the duration of the
Commission.
(2) FIRST MEETING.—The Commission shall hold
its first meeting not later than 2 months after the
date of enactment of this Act.
(f) QUORUM.—Five members of the Commission shall
constitute a quorum, but a lesser number of members may
hold hearings, take testimony, or receive evidence.
(g) SECURITY CLEARANCES.—Appropriate security
clearances shall be required for members of the Commission.
Such clearances shall be processed and completed on an ex-
pedited basis by appropriate elements of the executive
branch of Government and shall, in any case, be completed
within 60 days after the date such members are appointed.
SEC. 704. DUTIES OF THE COMMISSION.
(a) IN GENERAL.—It shall be the duty of the Commis-
sion—
(1) to review the functions required of United
States foreign policy to assure continued United
States global leadership in the 21st century;
(2) to assess the effectiveness and adequacy of the
current structures, procedures, and priorities of for-
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eign policy decisionmaking and management, and, if
necessary, to consider alternatives;
(3) to evaluate the general level and apportion-
ment of resources necessary to promote United States
interests, values, and principles abroad and to assess
the contribution of diplomatic functions to the na-
tional security of the United States; and
(4) to submit reports and recommendations as
described in section 705.
(b) IMPLEMENTATION.—In carrying out subsection
(a), the Commission shall consult with appropriate officers
of the executive branch of Government and appropriate
Members of Congress and shall specifically consider the fol-
lowing:
(1) What should be the operating principles and
functions of the foreign affairs bureaucracies of the
United States?
(2) Is the apparatus for formulating and execut-
ing the foreign affairs policies of the United States or-
ganized most effectively to achieve its aims, particu-
larly with respect to the nonmilitary aspects of the
President’s national security strategy?
(3) What are the implications for the functions,
resources, and structures of the foreign affairs agen-
cies of the United States of fundamental changes in
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the international environment, especially advances in
information technology, economic interdependence,
and the emergence of rival countries or interests?
(4) Is the overseas representation of the United
States Government of adequate size, properly distrib-
uted, and supported with sufficient resources to advo-
cate effectively the national interests, values, and
principles of the United States?
(5) Are the foreign affairs agencies structured to
best advance the national interests, values, and prin-
ciples of the United States?
(6) Do the current personnel systems of the for-
eign affairs agencies produce individuals trained and
supported in the skills necessary to project American
leadership abroad in the 21st century?
(7) What level and allocation among foreign af-
fairs agencies and functions of resources are necessary
to promote effectively United States national inter-
ests, values, and principles?
(8) What is the rationale, mission, and mecha-
nism for delivering foreign assistance? Could such re-
sources be better managed and delivered through pri-
vate entities or other organizations?
(9) How should multilateral institutions, coali-
tion building, and unilateral actions be used to pro-