H. R. 1561—64
Authorization Act, Fiscal Years 1994 and 1995 (Public Law
103–236).
SEC. 1304. RESPONSIBILITIES OF BUREAU CHARGED WITH MIGRATION
AND REFUGEE ASSISTANCE.
The Bureau of Migration and Refugee Assistance shall be the
bureau within the Department of State with principal responsibility
for assisting the Secretary in carrying out the Migration and Refu-
gee Assistance Act of 1962 and shall not be charged with responsibil-
ity for assisting the Secretary in matters relating to family planning
or population policy.
SEC. 1305. ELIMINATION OF STATUTORY ESTABLISHMENT OF CERTAIN
POSITIONS OF THE DEPARTMENT OF STATE.
(a) ASSISTANT
SECRETARY
OF
STATE
FOR
SOUTH
ASIAN
AFFAIRS.—Section 122 of the Foreign Relations Authorization Act,
Fiscal Years 1992 and 1993 (22 U.S.C. 2652b) is repealed.
(b) 
DEPUTY
ASSISTANT
SECRETARY
OF
STATE
FOR
BURDENSHARING.—Section 161 of the Foreign Relations Authoriza-
tion Act, Fiscal Years 1994 and 1995 (22 U.S.C. 2651a note) is
amended by striking subsection (f).
(c) ASSISTANT SECRETARY
FOR OCEANS
AND INTERNATIONAL
ENVIRONMENTAL AND SCIENTIFIC AFFAIRS.—Section 9 of the Depart-
ment of State Appropriations Authorization Act of 1973 (22 U.S.C.
2655a) is repealed.
SEC. 1306. MANAGEMENT OF THE HUMAN RESOURCES OF THE DEPART-
MENT OF STATE.
(a) POSITION.—Either the head or next most senior person
of the bureau or office within the Department of State with principal
responsibility for management of human resources and personnel
policies of the Department shall have substantial professional quali-
fications in the field of human resource policy and management.
(b) DEFINITION.—For purposes of this section, the term
‘‘substantial professional qualifications in the field of human
resources policy and management’’ means in excess of 15 years
experience as a human resources management professional of which
at least 5 years shall have been gained in the private sector or
in government service outside the Foreign Service.
CHAPTER 2—PERSONNEL OF THE DEPARTMENT OF
STATE; THE FOREIGN SERVICE
SEC. 1351. AUTHORIZED STRENGTH OF THE FOREIGN SERVICE.
(a) END FISCAL YEAR 1996 LEVELS.—The number of members
of the Foreign Service authorized to be employed as of September
30, 1996—
(1) for the Department of State, shall not exceed 9,000,
of whom not more than 660 shall be members of the Senior
Foreign Service;
(2) for the United States Information Agency, shall not
exceed 1,150, of whom not more than 160 shall be members
of the Senior Foreign Service; and
(3) for the Agency for International Development, not to
exceed 1,800, of whom not more than 225 shall be members
of the Senior Foreign Service.
H. R. 1561—65
(b) END FISCAL YEAR 1997 LEVELS.—The number of members
of the Foreign Service authorized to be employed as of September
30, 1997—
(1) for the Department of State, shall not exceed 8,800,
of whom not more than 660 shall be members of the Senior
Foreign Service;
(2) for the United States Information Agency, not to exceed
1,100 of whom not more than 160 shall be members of the
Senior Foreign Service; and
(3) for the Agency for International Development, not to
exceed 1,775 of whom not more than 225 shall be members
of the Senior Foreign Service.
(c) DEFINITION.—For the purposes of this section, the term
‘‘members of the Foreign Service’’ is used within the meaning of
such term under section 103 of the Foreign Service Act of 1980
(22 U.S.C 3903), except that such term does not include—
(1) members of the Service under paragraphs (6) and (7)
of such section;
(2) members of the Service serving under temporary resi-
dent appointments abroad;
(3) members of the Service employed on less than a full-
time basis;
(4) members of the Service subject to involuntary separa-
tion in cases in which such separation has been suspended
pursuant to section 1106(8) of the Foreign Service Act of 1980;
and
(5) members of the Service serving under non-career limited
appointments.
(d) WAIVER AUTHORITY.—(1) Subject to paragraph (2), the Presi-
dent may waive any limitation under subsection (a) or (b) to the
extent that such waiver is necessary to carry on the foreign affairs
functions of the United States.
(2) Not less than 15 days before the President exercises a
waiver under paragraph (1), such agency head shall notify the
Chairman of the Committee on Foreign Relations of the Senate
and the Chairman of the Committee on International Relations
of the House of Representatives of the President’s intention to
exercise the waiver authority. Such notice shall include an expla-
nation of the circumstances and necessity for such waiver.
SEC. 1352. RESTRICTION ON LOBBYING ACTIVITIES OF FORMER
UNITED STATES CHIEFS OF MISSION.
Section 207(d)(1) of title 18, United States Code, is amended—
(1) by striking ‘‘or’’ at the end of subparagraph (B);
(2) in subparagraph (C), by inserting ‘‘or’’ after ‘‘title 3,’’;
and
(3) by inserting after subparagraph (C) the following new
subparagraph:
‘‘(D) serves in the position of chief of mission (as defined
in section 102(3) of the Foreign Service Act of 1980),’’.
SEC. 1353. LIMITATIONS ON MANAGEMENT ASSIGNMENTS.
Section 1017(e)(2) of the Foreign Service Act of 1980 (22 U.S.C.
4117(e)(2)) is amended to read as follows:
‘‘(2) For the purposes of paragraph (1)(A)(ii) and paragraph
(1)(B), the term ‘management official’ does not include chiefs of
mission, principal officers or their deputies, administrative and
personnel officers abroad, or individuals described in section
H. R. 1561—66
1002(12) (B), (C), and (D) who are not involved in the administration
of this chapter or in the formulation of the personnel policies
and programs of the Department.’’.
SEC. 1354. NONOVERTIME DIFFERENTIAL PAY.
Title 5 of the United States Code is amended—
(1) in section 5544(a), by inserting after the fourth sentence
the following new sentence: ‘‘For employees serving outside
the United States in areas where Sunday is a routine workday
and another day of the week is officially recognized as the
day of rest and worship, the Secretary of State may designate
the officially recognized day of rest and worship as the day
with respect to which additional pay is authorized by the
preceding sentence.’’; and
(2) at the end of section 5546(a), by adding the following
new sentence: ‘‘For employees serving outside the United States
in areas where Sunday is a routine workday and another day
of the week is officially recognized as the day of rest and
worship, the Secretary of State may designate the officially
recognized day of rest and worship as the day with respect
to which additional pay is authorized by the preceding sen-
tence.’’.
SEC. 1355. RECOVERY OF COSTS OF HEALTH CARE SERVICES.
(a) AUTHORITIES.—Section 904 of the Foreign Service Act of
1980 (22 U.S.C. 4084) is amended—
(1) in subsection (a)—
(A) by striking ‘‘and’’ before ‘‘members of the families
of such members and employees’’; and
(B) by inserting immediately before the period ‘‘, and
for care provided abroad) such other persons as are des-
ignated by the Secretary of State, except that such persons
shall be considered persons other than covered beneficiaries
for purposes of subsections (g) and (h)’’;
(2) in subsection (d), by inserting ‘‘, subject to the provisions
of subsections (g) and (h)’’ after ‘‘treatment’’; and
(3) by adding the following new subsections:
‘‘(g)(1) In the case of a person who is a covered beneficiary,
the Secretary of State is authorized to collect from a third-party
payer the reasonable costs incurred by the Department of State
on behalf of such person for health care services to the same
extent that the covered beneficiary would be eligible to receive
reimbursement or indemnification from the third-party payer for
such costs.
‘‘(2) If the insurance policy, plan, contract, or similar agreement
of that third-party payer includes a requirement for a deductible
or copayment by the beneficiary of the plan, then the Secretary
of State may collect from the third-party payer only the reasonable
costs of the care provided less the deductible or copayment amount.
‘‘(3) A covered beneficiary shall not be required to pay any
deductible or copayment for health care services under this sub-
section.
‘‘(4) No provision of any insurance, medical service, or health
plan contract or agreement having the effect of excluding from
coverage or limiting payment of charges for care in the following
circumstances shall operate to prevent collection by the Secretary
of State under paragraph (1) for—
H. R. 1561—67
‘‘(A) care provided directly or indirectly by a governmental
entity;
‘‘(B) care provided to an individual who has not paid a
required deductible or copayment; or
‘‘(C) care provided by a provider with which the third-
party payer has no participation agreement.
‘‘(5) No law of any State, or of any political subdivision of
a State, and no provision of any contract or agreement shall operate
to prevent or hinder recovery or collection by the United States
under this section.
‘‘(6) As to the authority provided in paragraph (1) of this sub-
section—
‘‘(A) the United States shall be subrogated to any right
or claim that the covered beneficiary may have against a third-
party payer;
‘‘(B) the United States may institute and prosecute legal
proceedings against a third-party payer to enforce a right of
the United States under this subsection; and
‘‘(C) the Secretary may compromise, settle, or waive a
claim of the United States under this subsection.
‘‘(7) The Secretary shall prescribe regulations for the adminis-
tration of this subsection and subsection (h). Such regulations shall
provide for computation of the reasonable cost of health care serv-
ices.
‘‘(8) Regulations prescribed under this subsection shall provide
that medical records of a covered beneficiary receiving health care
under this subsection shall be made available for inspection and
review by representatives of the payer from which collection by
the United States is sought for the sole purpose of permitting
the third party to verify—
‘‘(A) that the care or services for which recovery or collection
is sought were furnished to the covered beneficiary; and
‘‘(B) that the provisions of such care or services to the
covered beneficiary meets criteria generally applicable under
the health plan contract involved, except that this paragraph
shall be subject to the provisions of paragraphs (2) and (4).
‘‘(9) Amounts collected under this subsection or under sub-
section (h) from a third-party payer or from any other payer shall
be deposited as an offsetting collection to any Department of State
appropriation and shall remain available until expended. Amounts
deposited shall be obligated and expended only to the extent and
in such amounts as are provided in advance in an appropriation
Act.
‘‘(10) For purposes of this section—
‘‘(A) the term ‘covered beneficiary’ means an individual
eligible to receive health care under this section whose health
care costs are to be paid by a third-party payer under a contrac-
tual agreement with such payer;
‘‘(B) the term ‘services’, as used in ‘health care services’
includes products; and
‘‘(C) the term ‘third-party payer’ means an entity that
provides a fee-for-service insurance policy, contract, or similar
agreement through the Federal Employees Health Benefit pro-
gram, under which the expenses of health care services for
individuals are paid.
‘‘(h) In the case of a person, other than a covered beneficiary,
who receives health care services pursuant to this section, the
H. R. 1561—68
Secretary of State is authorized to collect from such person the
reasonable costs of health care services incurred by the Department
of State on behalf of such person. The United States shall have
the same rights against persons subject to the provisions of this
subsection as against third-party payers covered by subsection (g).’’.
(b) EFFECTIVE DATE.—Subsection (a) shall take effect October
1, 1996.
SEC. 1356. REPORT ON PROMOTION AND RETENTION OF PERSONNEL.
Section 601(c)(4) of the Foreign Service Act of 1980 (22 U.S.C.
4001(c)(4)) is amended—
(1) by striking ‘‘and’’ at the end of subparagraph (B);
(2) by striking the period at the end of subparagraph (C)
and inserting ‘‘; and’’; and
(3) by adding at the end the following new subparagraph:
‘‘(D) include on a biennual basis the comments of the
Inspector General for Foreign Affairs with respect to the ade-
quacy of the reports on the matters described in this para-
graph.’’.
SEC. 1357. FOREIGN SERVICE REFORM.
(a) APPOINTMENTS BY THE PRESIDENT.—Section 302(b) of the
Foreign Service Act of 1980 (22 U.S.C. 3942(b)) is amended in
the second sentence—
(1) by striking ‘‘may elect to’’ and inserting ‘‘shall’’; and
(2) by striking ‘‘Service,’’ and all that follows and inserting
‘‘Service.’’.
(b) PERFORMANCE PAY.—Section 405 of the Foreign Service
Act of 1980 (22 U.S.C. 3965) is amended—
(1) in subsection (a), by striking ‘‘Members’’ and inserting
‘‘Subject to subsection (e), members’’; and
(2) by adding at the end the following new subsection:
‘‘(e) Notwithstanding any other provision of law, the Secretary
of State may provide for recognition of the meritorious or distin-
guished service of a member of the Foreign Service described in
subsection (a) (including members of the Senior Foreign Service)
by means other than an award of performance pay in lieu of
making such an award under this section.’’.
(c) EXPEDITED SEPARATION OUT.—Not later than 90 days after
the date of enactment of this Act, the Secretary of State shall
develop and implement procedures to identify, and recommend for
separation, members of the Foreign Service ranked by promotion
boards in the bottom five percent of their class for any two of
the five preceding years.
H. R. 1561—69
TITLE 
XIV—UNITED 
STATES 
PUBLIC
DIPLOMACY: 
AUTHORITIES 
AND
ACTIVITIES FOR UNITED STATES IN-
FORMATIONAL, EDUCATIONAL, AND
CULTURAL PROGRAMS
SEC. 1401. AVAILABILITY OF VOICE OF AMERICA AND RADIO MARTI
MULTILINGUAL COMPUTER READABLE TEXT AND VOICE
RECORDINGS.
(a) IN GENERAL.—Notwithstanding section 208 of the Foreign
Relations Authorization Act, Fiscal Years 1986 and 1987 (22 U.S.C.
1461–1a) and the second sentence of section 501 of the United
States Information and Educational Exchange Act of 1948 (22
U.S.C. 1461), the Director of the United States Information Agency
is authorized to make available, upon request, to the Linguistic
Data Consortium of the University of Pennsylvania computer read-
able multilingual text and recorded speech in various languages.
The Consortium shall, directly or indirectly as appropriate,
reimburse the Director for any expenses involved in making such
materials available.
(b) TERMINATION.—Subsection (a) shall cease to have effect
5 years after the date of the enactment of this Act.
SEC. 1402. CENTER FOR CULTURAL AND TECHNICAL INTERCHANGE
BETWEEN NORTH AND SOUTH.
Section 208(e) of the Foreign Relations Authorization Act, Fiscal
Years 1992 and 1993 (22 U.S.C. 2075(e)) is amended by striking
‘‘$10,000,000’’ and inserting ‘‘$4,000,000’’.
SEC. 1403. EXPANSION OF MUSKIE FELLOWSHIP PROGRAM.
Section 227 of the Foreign Relations Authorization Act, Fiscal
Years 1992 and 1993 (22 U.S.C. 2452 note) is amended—
(1) in subsection (a), by striking ‘‘Soviet Union, Lithuania,
Latvia, and Estonia’’ and inserting ‘‘former Soviet Union,
Lithuania, Latvia, Estonia, Albania, Bulgaria, Croatia, Czech
Republic, Hungary, Poland, Romania, Slovenia, and the Former
Yugoslav Republic of Macedonia’’;
(2) in subsection (c)(5), by striking ‘‘law,’’ in the first sen-
tence and all that follows through the end of paragraph (5)
and inserting ‘‘journalism, law, library and information science,
public administration, and public policy.’’;
(3) in subsection (b), by striking ‘‘Soviet Union, Lithuania,
Latvia, and Estonia’’ and inserting ‘‘countries specified in sub-
section (a)’’;
(4) in subsection (c)(11), by striking ‘‘Soviet republics,
Lithuania, Latvia, and Estonia’’ and inserting ‘‘countries speci-
fied in subsection (a)’’; and
(5) in the section heading, by striking ‘‘THE SOVIET
UNION, LITHUANIA, LATVIA, AND ESTONIA’’ and insert-
ing ‘‘CERTAIN EURASIAN COUNTRIES’’.
SEC. 1404. MANSFIELD FELLOWSHIP PROGRAM REQUIREMENTS.
Section 253(4)(B) of the Foreign Relations Authorization Act,
Fiscal Years 1994 and 1995 (22 U.S.C. 6102(4)(B)) is amended
H. R. 1561—70
by striking ‘‘certain’’ and inserting the following: ‘‘, under criteria
established by the Mansfield Center for Pacific Affairs, certain
allowances and benefits not to exceed the amount of equivalent’’.
SEC. 1405. PILOT PROGRAM ON ADVERTISING ON USIA TELEVISION
AND RADIO BROADCASTS.
(a) IN GENERAL.—(1) The Director of the United States Informa-
tion Agency shall carry out a pilot program to determine the feasibil-
ity and advisability of permitting advertisements on the television
broadcasts and radio broadcasts of the USIA, including broadcasts
of the Voice of America, Radio Marti/TV Marti, Worldnet, Radio
Free Europe/Radio Liberty, and Radio Free Asia.
(2) The Director shall commence carrying out the pilot program
not later than 90 days after the date of the transmittal to Congress
of the plan required under subsection (b).
(3) The Director shall carry out the pilot program for 12 months.
(b) PROGRAM PLAN.—(1) Not later than 120 days after the
date of the enactment of this Act, the Director shall prepare and
transmit to Congress a plan for carrying out the pilot program
required under subsection (a).
(2) In preparing the plan, the Director shall solicit and take
into account the comments of other broadcasting entities funded
by the United States Government on the experiences of and advan-
tages and disadvantages to public television and radio broadcast
stations of permitting advertisements on the broadcasts of such
stations.
(c) TREATMENT
OF REVENUES.—Notwithstanding any other
provision of law, the Director may use any revenues received by
the USIA under the pilot program to pay for the cost of the radio
and television broadcasting activities of the USIA. Such funds shall
be available for that purpose without fiscal year limitation.
(d) PROGRAM REPORT.—Not later than 60 days after the date
of the completion of the pilot program, the Director shall submit
to Congress a report on the pilot program. The report shall include
the following:
(1) A description of the pilot program, including the number
and type of advertisements aired under the pilot program and
the revenues received as a result of the advertisements.
(2) An estimate of the number and type of advertisements
that would be carried on the television broadcasts and radio
broadcasts of the USIA on an annual basis after the completion
of the pilot program if the USIA were authorized to continue
to carry such advertisements, and the revenues that the USIA
would receive as a result of carrying such advertisements.
(3) An assessment of the feasibility and advisability of
permitting advertisements on the television broadcasts and
radio broadcasts of the USIA, including a discussion of the
advisability of permitting such advertisements by—
(A) United States entities;
(B) foreign governments;
(C) foreign individuals or entities; and
(D) a combination of such entities, governments, and
individuals.
(e) REGULATIONS.—The Director may prescribe regulations to
carry out the pilot program.
H. R. 1561—71
SEC. 1406. CHANGES IN ADMINISTRATIVE AUTHORITIES.
(a) CONTRACT AUTHORITY FOR VOICE OF AMERICA RADIO FACIL-
ITY.—Section 235 of the Foreign Relations Authorization Act, Fiscal
Years 1990 and 1991 (Public Law 101–246) is amended by inserting
‘‘Tinian,’’ after ‘‘Sao Tome,’’.
(b) AVAILABILITY OF APPROPRIATIONS.—Section 701(f)(4) of the
United States Information and Educational Exchange Act of 1948
(22 U.S.C. 1476(f)) is amended by striking ‘‘September 30, 1995’’
and inserting ‘‘March 1, 1997’’.
(c) TECHNICAL CORRECTION.—Section 314(2)(B) of the Foreign
Relations Authorization Act, Fiscal Years 1994 and 1995 (22 U.S.C.
6213(2)(B)) is amended by striking ‘‘section 307(e)’’ and inserting
‘‘section 308(d)’’.
(d) RADIO BROADCASTING TO CUBA.—Section 4 of the Radio
Broadcasting to Cuba Act (22 U.S.C. 1465b) is amended by striking
‘‘Director of the Voice of America’’ and inserting ‘‘Director of the
International Broadcasting Bureau’’.
(e) TELEVISION BROADCASTING TO CUBA.—Section 244(a) of the
Television Broadcasting to Cuba Act (22 U.S.C. 1465cc(a)) is
amended in the third sentence by striking ‘‘Voice of America’’ and
inserting ‘‘International Broadcasting Bureau’’.
(f) INTERNATIONAL BROADCASTING BUREAU.—Section 307 of the
Foreign Relations Authorization Act, Fiscal Years 1994 and 1995
(Public Law 103–236) is amended by adding at the end the following
new subsection:
‘‘(c) CONSOLIDATION OF ENGINEERING FUNCTION.—For the pur-
pose of achieving economies and eliminating duplication, the Direc-
tor of the United States Information Agency is authorized to
appoint, during 1996, up to 5 otherwise qualified United States
citizens employed in the Office of the Vice President for Engineering
and Technical Operations of RFE/RL, Incorporated, to the competi-
tive service or the career Foreign Service of the United States
Information Agency in accordance with the provisions of title 5
of the United States Code, and without regard to section 301(b)
or 306 of the Foreign Service Act of 1980, governing appointments
in the Foreign Service. Prior service with RFE/RL, Incorporated,
by an individual appointed under this subsection shall be credited
in determining the length of service of the individual for reduction
in force purposes and toward establishing the career tenure of
the individual.’’.
(g) USE OF FEES FROM EDUCATIONAL ADVISING.—Section 810
of the United States Information and Educational Exchange Act
of 1948 (22 U.S.C. 1475e) is amended by inserting ‘‘, educational
advising,’’ after ‘‘English-teaching’’.
SEC. 1407. RETENTION OF INTEREST.
Notwithstanding any other provision of law, with the approval
of the National Endowment for Democracy, grant funds made avail-
able by the National Endowment for Democracy may be deposited
in interest-bearing accounts pending disbursement and any interest
which accrues may be retained by the grantee and used for the
purposes for which the grant was made.
SEC. 1408. CONDUCT OF CERTAIN EDUCATIONAL AND CULTURAL
EXCHANGE PROGRAMS.
In carrying out programs of educational and cultural exchange
in countries whose people do not fully enjoy freedom and democracy
H. R. 1561—72
(including but not limited to China, Vietnam, Cambodia, Tibet,
and Burma), the Director of the United States Information Agency
shall take appropriate steps to provide opportunities for participa-
tion in such programs to human rights and democracy leaders
of such countries.
SEC. 1409. EXTENSION OF AU PAIR PROGRAMS.
(a) REPEAL.—Section 581 of the Foreign Operations, Export
Financing, and Related Programs Appropriations Act, 1996 (Public
Law 104–107) is repealed.
(b) AUTHORITY FOR AU PAIR PROGRAMS.—The Director of the
United States Information Agency is authorized to continue to
administer an au pair program, operating on a world-wide basis,
through fiscal year 1999.
(c) REPORT.—Not later than October 1, 1998, the Director of
the United States Information Agency shall submit a report regard-
ing the continued extension of au pair programs to the appropriate
congressional committees. This report shall specifically detail the
compliance of all au pair organizations with regulations governing
au pair programs as published on February 15, 1995.
SEC. 1410. EDUCATIONAL AND CULTURAL EXCHANGES AND SCHOLAR-
SHIPS FOR TIBETANS AND BURMESE.
(a) ESTABLISHMENT OF EDUCATIONAL AND CULTURAL EXCHANGE
FOR TIBETANS.—The Director of the United States Information
Agency shall establish programs of educational and cultural
exchange between the United States and the people of Tibet. Such
programs shall include opportunities for training and, as the Direc-
tor considers appropriate, may include the assignment of personnel
and resources abroad.
(b) SCHOLARSHIPS FOR TIBETANS AND BURMESE.—
(1) For each of the fiscal years 1996 and 1997, at least
30 scholarships shall be made available to Tibetan students
and professionals who are outside Tibet, and at least 15 scholar-
ships shall be made available to Burmese students and profes-
sionals who are outside Burma.
(2) WAIVER.—Paragraph (1) shall not apply to the extent
that the Director of the United States Information Agency
determines that there are not enough qualified students to
fulfill such allocation requirement.
(3) SCHOLARSHIP DEFINED.—For the purposes of this sec-
tion, the term ‘‘scholarship’’ means an amount to be used for
full or partial support of tuition and fees to attend an edu-
cational institution, and may include fees, books, and supplies,
equipment required for courses at an educational institution,
living expenses at a United States educational institution, and
travel expenses to and from, and within, the United States.
SEC. 1411. INITIATION OF BROADCASTS BY RADIO FREE ASIA.
Section 309 of the United States International Broadcasting
Act of 1994 (22 U.S.C. 6208) is amended by adding at the end
the following new subsection:
‘‘(j) Not later than 180 days after the date of the enactment
of the Foreign Relations Authorization Act, Fiscal Years 1996 and
1997, Radio Free Asia shall initiate regular broadcasts to the Peo-
ple’s Republic of China, Burma, Cambodia, Laos, North Korea,
Tibet, and Vietnam. Such broadcasts shall be conducted under
the name ‘Radio Free Asia’ and shall provide accurate and timely