H. R. 1561—38
(4) Any law, Executive order, or regulation which would
disqualify an applicant for appointment in the competitive serv-
ice or in the excepted service concerned shall also disqualify
an applicant for appointment under this subsection.
(5) Any rights or benefits created by this subsection are
in addition to rights and benefits otherwise provided by law.
SEC. 615. TRANSITION FUND.
(a) ESTABLISHMENT.—There is hereby established on the books
of the Treasury an account to be known as the ‘‘Foreign Affairs
Reorganization Transition Fund’’.
(b) PURPOSE.—The purpose of the account is to provide funds
for the orderly transfer of functions and personnel to the Depart-
ment as a result of the implementation of this division and for
payment of other costs associated with the consolidation of foreign
affairs agencies under this division.
(c) DEPOSITS.—
(1) IN GENERAL.—Subject to paragraphs (2) and (3), there
shall be deposited into the account the following:
(A) Funds appropriated to the account.
(B) Funds transferred to the account by the Secretary
from funds that are transferred to the Secretary by the
head of an agency under subsection (d).
(C) Funds transferred to the account by the Secretary
from funds that are transferred to the Department together
with the transfer of functions to the Department under
this division and that are not required by the Secretary
in order to carry out the functions.
(D) Funds transferred to the account by the Secretary
from any unobligated funds that are appropriated or other-
wise made available to the Department.
(2) LIMITATION
ON
TRANSFER
OF
CERTAIN
DEPARTMENT
FUNDS.—The Secretary may transfer funds to the account under
subparagraph (C) of paragraph (1) only if the Secretary deter-
mines that the amount of funds deposited in the account pursu-
ant to subparagraphs (A) and (B) of that paragraph is inad-
equate to pay the costs of carrying out this division.
(3) LIMITATION ON TRANSFER OF UNOBLIGATED FUNDS OF
DEPARTMENT.—The Secretary may transfer funds to the account
under subparagraph (D) of paragraph (1) only if the Secretary
determines that the amount of funds deposited in the account
pursuant to subparagraphs (A), (B), and (C) of that paragraph
is inadequate to pay the costs of carrying out this division.
(d) TRANSFER OF FUNDS TO SECRETARY.—The head of an agency
abolished under this division shall transfer to the Secretary the
amount, if any, of the unobligated funds appropriated or otherwise
made available to the agency for functions of the agency that
are abolished under this division which funds are not required
to carry out the functions of the agency as a result of the abolish-
ment of the functions under this division.
(e) USE OF FUNDS.—
(1) IN GENERAL.—Notwithstanding any other provision of
law and subject to paragraph (2), the Secretary shall use sums
in the account for payment of the costs of carrying out this
division, including costs relating to the consolidation of func-
tions of the Department and the termination of employees
of the Department.
H. R. 1561—39
(2) LIMITATION ON USE OF FUNDS.—
(A) Except as provided in subparagraph (B), the Sec-
retary may not use sums in the account for payment of
the costs described in paragraph (1) unless the appropriate
congressional committees are notified 15 days in advance
of such use in accordance with procedures applicable to
reprogramming notifications under section 34 of the State
Department Basic Authorities Act of 1956 (22 U.S.C. 2706).
(B) EXCEPTION.—Subparagraph (A) does not apply to
the following uses of sums in the account:
(i) For payment of the cost of any severance pay-
ments required to be paid by the Secretary to employ-
ees of the Department, but only if the cost of such
payments is less than $10,000,000.
(ii) For transfer to the head of an agency to be
abolished under this division for payment of the cost
of any severance payments required to be paid to
employees of the agency, but only if the total amount
transferred with respect to the agency is less than
$40,000,000.
(iii) For payment of the cost of any improvements
of the information management systems of the Depart-
ment that are carried out as a result of the abolishment
of agencies under this division, but only if the cost
of such improvements is less than $15,000,000.
(iv) For payment of the cost of the physical reloca-
tion of fixtures, materials, and other resources from
an agency to be abolished under this division to the
Department or of such relocation within the Depart-
ment, but only if the cost of such relocation is less
than $10,000,000.
(3) AVAILABILITY WITHOUT FISCAL YEAR LIMITATION.—Funds
in the account shall be available for the payment of costs
under paragraph (1) without fiscal year limitation.
(f) TREATMENT OF UNOBLIGATED BALANCES.—
(1) IN
GENERAL.—Subject to paragraph (2), unobligated
funds, if any, which remain in the account after the payment
of the costs described in subsection (e)(1) shall be transferred
to the Department and shall be available to the Secretary
for purposes of carrying out the functions of the Department.
(2) NOTIFICATION.—The Secretary may not transfer funds
in the account to the Department under paragraph (1) unless
the appropriate congressional committees are notified in
advance of such transfer in accordance with the procedures
applicable to reprogramming notifications under section 34 of
the State Department Basic Authorities Act of 1956.
(g) REPORT
ON ACCOUNT.—Not later than October 1, 1998,
the Secretary shall transmit to the appropriate congressional
committees a report containing an accounting of—
(1) the expenditures from the account established under
this section; and
(2) in the event of any transfer of funds to the Department
under subsection (f), the functions for which the funds so trans-
ferred were expended.
(h) TERMINATION OF AUTHORITY TO USE ACCOUNT.—The Sec-
retary may not obligate funds in the account after September 30,
1999.
H. R. 1561—40
SEC. 616. SAVINGS PROVISIONS.
(a) CONTINUING LEGAL FORCE AND EFFECT.—All orders, deter-
minations, rules, regulations, permits, agreements, grants, con-
tracts, certificates, licenses, registrations, privileges, and other
administrative actions—
(1) that have been issued, made, granted, or allowed to
become effective by the President, any Federal agency or official
thereof, or by a court of competent jurisdiction, in the perform-
ance 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 effective date of such title,
shall continue in effect according to their terms until modified,
terminated, superseded, set aside, or revoked in accordance with
law by the President, the Secretary, or other authorized 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 application for any license, permit,
certificate, or financial assistance pending on the effective date
of any title of this division before any department, agency, commis-
sion, or component 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 pursuant to such
orders, as if this division had not been enacted. 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 modified if this division
had not been enacted.
(4) The Secretary is authorized to promulgate regulations
providing for the orderly transfer of proceedings continued under
this subsection to the Department.
(c) NO EFFECT ON JUDICIAL PROCEEDINGS.—Except as provided
in subsection (e)—
(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 enacted.
(d) NON-ABATEMENT OF PROCEEDINGS.—No suit, action, or other
proceeding commenced by or against any officer in the official
capacity of such individual as an officer of any department or
agency, functions of which are transferred 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, func-
tions 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.
H. R. 1561—41
(e) CONTINUATION OF PROCEEDING WITH SUBSTITUTION OF PAR-
TIES.—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 Secretary or any other official of the Department, then
such suit shall be continued with the Secretary or other appropriate
official of the Department substituted or added as a party.
(f) REVIEWABILITY
OF ORDERS
AND ACTIONS UNDER TRANS-
FERRED FUNCTIONS.—Orders and actions of the Secretary 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. 617. PROPERTY AND FACILITIES.
The Secretary shall review the property and facilities trans-
ferred to the Department under this division to determine whether
such property and facilities are required by the Department.
SEC. 618. AUTHORITY OF SECRETARY OF STATE TO FACILITATE
TRANSITION.
Prior to, or after, any transfer of a function under any title
of this division, the Secretary is authorized to utilize—
(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 Department by any title
of this division; and
(2) funds appropriated to such functions for such period
of time as may reasonably be needed to facilitate the orderly
implementation of any title of this division.
SEC. 
619. 
RECOMMENDATIONS 
FOR 
ADDITIONAL 
CONFORMING
AMENDMENTS.
Congress urges the President, in consultation with the Sec-
retary and the heads of other appropriate agencies, to develop
and submit to Congress recommendations for such additional tech-
nical and conforming amendments to the laws of the United States
as may be appropriate to reflect the changes made by this division.
SEC. 620. FINAL REPORT.
Not later than October 1, 1998, the President, in consultation
with the Secretary of the Treasury and the Director of the Office
of Management and Budget shall submit to the appropriate congres-
sional committees a report which provides a final accounting of
the finances and operations of the agencies abolished under this
division.
SEC. 621. TRANSFER OF FUNCTION.
Any determination as to whether a transfer of function, carried
out under this Act, constitutes a transfer of function for purposes
of subchapter I of chapter 35 of title 5, United States Code, shall
be made without regard to whether or not the function involved
H. R. 1561—42
is identical to functions already being performed by the receiving
agency.
SEC. 622. SEVERABILITY.
If a provision of this division or its application to any person
or circumstance is held invalid, neither the remainder of this divi-
sion nor the application of the provision to other persons or cir-
cumstances shall be affected.
DIVISION B—FOREIGN RELATIONS
AUTHORIZATIONS
TITLE X—GENERAL PROVISIONS
SEC. 1001. SHORT TITLE.
This division may be cited as the ‘‘Department of State and
Related Agencies Authorization Act, Fiscal Years 1996 and 1997’’.
SEC. 1002. DEFINITIONS.
The following terms have the following meaning for the pur-
poses of this division:
(1) The term ‘‘AID’’ means the Agency for International
Development.
(2) The term ‘‘ACDA’’ means the United States Arms Con-
trol and Disarmament Agency.
(3) The term ‘‘appropriate congressional committees’’ means
the Committee on International Relations of the House of Rep-
resentatives and the Committee of Foreign Relations of the
Senate.
(4) The term ‘‘Department’’ means the Department of State.
(5) The term ‘‘Federal agency’’ has the meaning given to
the term ‘‘agency’’ by section 551(1) of title 5, United States
Code.
(6) The term ‘‘function’’ means any duty, obligation, power,
authority, responsibility, right, privilege, activity, or program.
(7) The term ‘‘office’’ includes any office, administration,
agency, institute, unit, organizational entity, or component
thereof.
(8) The term ‘‘Secretary’’ means the Secretary of State.
(9) The term ‘‘USIA’’ means the United States Information
Agency.
TITLE XI—AUTHORIZATION OF APPRO-
PRIATIONS 
FOR 
DEPARTMENT 
OF
STATE AND CERTAIN INTERNATIONAL
AFFAIRS FUNCTIONS AND ACTIVITIES
SEC. 1101. ADMINISTRATION OF FOREIGN AFFAIRS.
The following amounts are authorized to be appropriated for
the Department of State under ‘‘Administration of Foreign Affairs’’
to carry out the authorities, functions, duties, and responsibilities
in the conduct of the foreign affairs of the United States and
H. R. 1561—43
for other purposes authorized by law, including the diplomatic
security program:
(1) DIPLOMATIC
AND
CONSULAR
PROGRAMS.—For ‘‘Diplo-
matic and Consular Programs’’ of the Department of State,
$1,719,220,000 for the fiscal year 1996, $1,710,000,000 for the
fiscal year 1997, $1,708,800,000 for the fiscal year 1998, and
$1,700,000,000 for the fiscal year 1999.
(2) SALARIES AND EXPENSES.—
(A) AUTHORIZATION OF APPROPRIATIONS.—For ‘‘Salaries
and Expenses’’ of the Department of State, $365,146,000
for the fiscal year 1996, $357,000,000 for the fiscal year
1997, 
$355,000,000 
for 
the 
fiscal 
year 
1998, 
and
$355,000,000 for the fiscal year 1999.
(B) LIMITATION.—Of the amount authorized to be
appropriated by subparagraph (A), $11,900,000 for fiscal
year 1997 is authorized to be appropriated for salaries
and expenses of the Bureau of Refugee and Migration
Assistance.
(3) CAPITAL INVESTMENT FUND.—For ‘‘Capital Investment
Fund’’ of the Department of State, $16,400,000 for the fiscal
year 1996 and $16,400,000 for the fiscal year 1997.
(4) SECURITY AND MAINTENANCE OF UNITED STATES MIS-
SIONS.—For ‘‘Security and Maintenance of United States Mis-
sions’’, $385,760,000 for the fiscal year 1996 and $380,000,000
for the fiscal year 1997.
(5) REPRESENTATION
ALLOWANCES.—For ‘‘Representation
Allowances’’, $4,500,000 for the fiscal year 1996 and $4,500,000
for the fiscal year 1997.
(6) EMERGENCIES IN THE DIPLOMATIC AND CONSULAR SERV-
ICE.—For ‘‘Emergencies in the Diplomatic and Consular Serv-
ice’’, $6,000,000 for the fiscal year 1996 and $6,000,000 for
the fiscal year 1997.
(7) OFFICE
OF
THE
INSPECTOR
GENERAL.—For ‘‘Office of
the Inspector General’’, $27,369,000 for the fiscal year 1996,
$27,000,000 for the fiscal year 1997, $27,000,000 for the fiscal
year 1998, and $27,000,000 for the fiscal year 1999.
(8) PAYMENT TO THE AMERICAN INSTITUTE IN TAIWAN.—
For 
‘‘Payment 
to 
the 
American 
Institute 
in 
Taiwan’’,
$15,165,000 for the fiscal year 1996 and $14,165,000 for the
fiscal year 1997.
(9) PROTECTION OF FOREIGN MISSIONS AND OFFICIALS.—For
‘‘Protection of Foreign Missions and Officials’’, $8,579,000 for
the fiscal year 1996 and $10,000,000 for the fiscal year 1997.
(10) REPATRIATION
LOANS.—For ‘‘Repatriation Loans’’,
$776,000 for the fiscal year 1996 and $776,000 for the fiscal
year 1997, for administrative expenses.
SEC. 1102. INTERNATIONAL ORGANIZATIONS, PROGRAMS, AND CON-
FERENCES.
(a) ASSESSED CONTRIBUTIONS
TO INTERNATIONAL ORGANIZA-
TIONS.—There are authorized to be appropriated for ‘‘Contributions
to International Organizations’’, $850,000,000 for the fiscal year
1996 and $840,000,000 for the fiscal year 1997 for the Department
of State to carry out the authorities, functions, duties, and respon-
sibilities in the conduct of the foreign affairs of the United States
with respect to international organizations and to carry out other
authorities in law consistent with such purposes.
H. R. 1561—44
(b) ASSESSED CONTRIBUTIONS FOR INTERNATIONAL PEACEKEEP-
ING ACTIVITIES.—There are authorized to be appropriated for ‘‘Con-
tributions for International Peacekeeping Activities’’, $445,000,000
for the fiscal year 1996 and $375,000,000 for the fiscal year 1997
for the Department of State to carry out the authorities, functions,
duties, and responsibilities in the conduct of the foreign affairs
of the United States with respect to international peacekeeping
activities and to carry out other authorities in law consistent with
such purposes.
(c) INTERNATIONAL CONFERENCES AND CONTINGENCIES.—There
are authorized to be appropriated for ‘‘International Conferences
and Contingencies’’, $3,000,000 for the fiscal year 1996 and
$3,000,000 for the fiscal year 1997 for the Department of State
to carry out the authorities, functions, duties, and responsibilities
in the conduct of the foreign affairs of the United States with
respect to international conferences and contingencies and to carry
out other authorities in law consistent with such purposes.
(d) FOREIGN CURRENCY EXCHANGE RATES.—In addition to
amounts otherwise authorized to be appropriated by subsections
(a) and (b), there are authorized to be appropriated such sums
as may be necessary for each of the fiscal years 1996 and 1997
to offset adverse fluctuations in foreign currency exchange rates.
Amounts appropriated under this subsection shall be available for
obligation and expenditure only to the extent that the Director
of the Office of Management and Budget determines and certifies
to Congress that such amounts are necessary due to such fluctua-
tions.
(e) LIMITATION ON UNITED STATES VOLUNTARY CONTRIBUTIONS
TO UNITED NATIONS DEVELOPMENT PROGRAM.—
(1) Of the amounts made available for fiscal years 1996
and 1997 for United States voluntary contributions to the
United Nations Development Program—
(A) not more than $51,800,000 shall be made available
for fiscal year 1996 unless, during fiscal year 1996, the
President submits to the appropriate committees of Con-
gress the certification described in paragraph (2), and
(B) not more than $51,800,000 shall be available for
fiscal year 1997 unless, during fiscal year 1997, the Presi-
dent submits to the appropriate committees of Congress
the certification described in paragraph (2).
(2) The certification referred to in paragraph (1) is a certifi-
cation by the President that all programs and activities of
the United Nations Development Program (including United
Nations 
Development 
Program—Administered 
Funds) 
in
Burma—
(A) are focused on eliminating human suffering and
addressing the needs of the poor;
(B) are undertaken only through international or pri-
vate voluntary organizations that have been deemed
independent of the State Law and Order Restoration Coun-
cil (SLORC) by the leadership of the National League for
Democracy and the leadership of the National Coalition
Government of the Union of Burma;
(C) provide no financial, political, or military benefit
to the SLORC; and
H. R. 1561—45
(D) are supported by the leadership of the National
League for Democracy and the leadership of the National
Coalition Government of the Union of Burma.
SEC. 1103. INTERNATIONAL COMMISSIONS.
The following amounts are authorized to be appropriated under
‘‘International Commissions’’ for the Department of State to carry
out the authorities, functions, duties, and responsibilities in the
conduct of the foreign affairs of the United States and for other
purposes authorized by law:
(1) INTERNATIONAL
BOUNDARY
AND
WATER
COMMISSION,
UNITED STATES AND MEXICO.—For ‘‘International Boundary and
Water Commission, United States and Mexico’’—
(A) for ‘‘Salaries and Expenses’’ $12,058,000 for the
fiscal year 1996 and $19,372,000 for the fiscal year 1997;
and
(B) for ‘‘Construction’’ $6,644,000 for the fiscal year
1996 and $9,000,000 for the fiscal year 1997.
(2) INTERNATIONAL BOUNDARY COMMISSION, UNITED STATES
AND
CANADA.—For 
‘‘International 
Boundary 
Commission,
United States and Canada’’, $640,000 for the fiscal year 1996
and $666,000 for the fiscal year 1997.
(3) INTERNATIONAL JOINT COMMISSION.—For ‘‘International
Joint Commission’’, $3,360,000 for the fiscal year 1996 and
$3,195,000 for the fiscal year 1997.
(4) INTERNATIONAL
FISHERIES
COMMISSIONS.—For ‘‘Inter-
national Fisheries Commissions’’, $14,669,000 for the fiscal year
1996 and $13,202,000 for the fiscal year 1997.
SEC. 1104. MIGRATION AND REFUGEE ASSISTANCE.
(a) AUTHORIZATION OF APPROPRIATIONS.—
(1) MIGRATION AND REFUGEE ASSISTANCE.—
(A) AUTHORIZATION
OF
APPROPRIATIONS.—There are
authorized to be appropriated for ‘‘Migration and Refugee
Assistance’’ for authorized activities, $590,000,000 for the
fiscal year 1996 and $590,000,000 for the fiscal year 1997.
(B) LIMITATION.—None of the funds authorized to be
appropriated by this section for fiscal year 1997 are author-
ized to be appropriated for salaries and administrative
expenses of the Bureau of Migration and Refugee Assist-
ance.
(2) REFUGEES RESETTLING IN ISRAEL.—There are authorized
to be appropriated $80,000,000 for the fiscal year 1996 and
$80,000,000 for the fiscal year 1997 for assistance for refugees
resettling in Israel from other countries.
(3) HUMANITARIAN ASSISTANCE FOR DISPLACED BURMESE.—
There are authorized to be appropriated $1,500,000 for the
fiscal year 1996 and $1,500,000 for the fiscal year 1997 for
humanitarian assistance, including but not limited to food,
medicine, clothing, and medical and vocational training to per-
sons displaced as a result of civil conflict in Burma, including
persons still within Burma.
(4) RESETTLEMENT OF VIETNAMESE, LAOTIANS, AND CAM-
BODIANS.—Of the amounts authorized to be appropriated for
fiscal year 1996 under paragraph (1), there are authorized
to be appropriated such amounts as are necessary for the
admission and resettlement, within numerical limitations pro-
vided by law for refugee admissions, of persons who—
H. R. 1561—46
(A) are or were nationals and residents of Vietnam,
Laos, or Cambodia and are or were at any time after
July 1, 1995, residents of refugee camps in Hong Kong,
the Philippines, Indonesia, Malaysia, or Thailand; and
(B)(i) are determined by a United States immigration
officer to be within a category of aliens referred to in
section 599D(b)(2)(C) of the Foreign Operations Export
Financing and Related Programs Appropriations Act, 1990
(Public Law 101–167); or
(ii) are otherwise determined by a United States
immigration officer to be refugees within the meaning of
section 101(a)(42) of the Immigration and Nationality Act.
(b) GENERAL LIMITATIONS.—None of the funds authorized to
be appropriated by subsection (a) are authorized to be available
for any program or activity that provides for, promotes, or assists
in the repatriation of any person to Vietnam, Laos, or Cambodia,
unless the President has certified to the appropriate congressional
committees that—
(1) all persons described in subsection (a)(4)(A) have been
or will be offered an interview by a United States immigration
officer in a refugee camp or elsewhere in the host country
in which such a camp is located (or, if the government of
such a country has declined a request by the United States
to permit such interviews to take place within such country,
in their country of origin) for the purpose of determining
whether they are persons described in subsection (a)(4)(B);
and
(2) all persons described in subsection (a)(4)(B) have been
or will be offered resettlement outside their countries of
nationality.
(c) AVAILABILITY OF FUNDS.—Funds appropriated pursuant to
subsection (a) are authorized to be available until expended.
(d) REFUGEE CAMP DEFINED.—For the purposes of this section,
the term ‘‘refugee camp’’ means any place in which people who
left Vietnam, Cambodia, or Laos are housed or held by a government
or international organization, regardless of the designation of such
place by such government or organization.
(e) STATUTORY CONSTRUCTION.—Nothing in this section may
be construed to require or permit an increase in the number of
refugee admissions for fiscal year 1996 from the numerical limita-
tion for refugee admissions for fiscal year 1995.
SEC. 1105. ASIA FOUNDATION.
There are authorized to be appropriated for the Department
of State $5,000,000 for the fiscal year 1996 and $10,000,000 for
the fiscal year 1997 for ‘‘Asia Foundation’’.
SEC. 1106. UNITED STATES INFORMATIONAL, EDUCATIONAL, AND CUL-
TURAL PROGRAMS.
The following amounts are authorized to be appropriated to
carry out international information activities and educational and
cultural exchange programs under the United States Information
and Educational Exchange Act of 1948, the Mutual Educational
and Cultural Exchange Act of 1961, 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 Inspector General Act of 1978, the North/South Center Act